§ 66-11. Dealing in regulated metals property; penalties.
§ 66‑11. Dealing inregulated metals property; penalties.
(a) Definitions. Asused in this section:
(1) "Lawenforcement officer" means any duly constituted law enforcement officer ofthe State or of any municipality or county.
(2) "Regulatedmetals property" means all ferrous and nonferrous metals.
(3) "Secondarymetals recycler" means any person, firm, or corporation in the State:
a. That, from a fixedlocation or otherwise, is engaged in the business of gathering or obtainingferrous or nonferrous metals that have served their original economic purposeor is in the business of performing the manufacturing process by which ferrousmetals or nonferrous metals are converted into raw material products consistingof prepared grades and having an existing or potential economic value; or
b. That has facilitiesfor performing the manufacturing process by which ferrous metals or nonferrousmetals are converted into raw material products consisting of prepared gradesand having an existing or potential economic value, by methods including, butnot limited to, the processing, sorting, cutting, classifying, cleaning,baling, wrapping, shredding, shearing, or changing the physical form orchemical content of the metals, but not including the exclusive use of hand tools.
(4) "Fixedlocation" means any site occupied by a secondary metals recycler as theowner of the site or as a lessee of the site under a lease or other rentalagreement providing for occupation of the site by the secondary metals recyclerfor a total duration of not less than 364 days.
(a1) Receipt Required. Asecondary metals recycler shall issue a receipt to the person delivering theregulated metals property for all purchase transactions in which the secondarymetals recycler purchases regulated metals property. This receipt shall besigned by the person delivering the materials, and the secondary metalsrecycler shall be able to provide documentation regarding the employee whocompleted the transaction.
(b) Records Required.
(1) A secondary metalsrecycler shall maintain a record of all purchase transactions in which thesecondary metals recycler purchases regulated metals property.
(2) The followinginformation shall be maintained for transactions in which a secondary metalsrecycler purchases regulated metals property:
a. The name and addressof the secondary metals recycler.
b. The name, initials,or other identification of the individual entering the information.
c. The date of thetransaction.
d. The weight of theregulated metals property purchased.
e. The description madein accordance with the custom of the trade of the type of regulated metalsproperty purchased and the physical address where the regulated metals wereobtained by the seller, and a statement signed by the seller or the seller'sagent certifying that the seller or the seller's agent has the lawful right tosell and dispose of the property.
f. The amount ofconsideration given for the regulated metals property.
g. The name and addressof the vendor of the regulated metals property and the license plate number ofthe vehicle used to deliver the regulated metals.
h. A photocopy orelectronic scan of the drivers license or state or federally issued photoidentification card of the person delivering the regulated metals property to thesecondary metals recycler. If the secondary metals recycler has a copy of thevalid photo identification of the person delivering the regulated metalsproperty on file, the secondary metals recycler must examine the photoidentification, but may reference the photo identification that is on filewithout making a separate photocopy or electronic scan for each subsequenttransaction. If the person delivering the regulated metals property does nothave a drivers license or a state or federally issued photo identificationcard, the secondary metals recycler shall not complete the transaction.
i. A copy of thereceipt required under subsection (a1) of this section when all the informationrequired under subsection (a1) of this section is clear and legible or, in theevent the copy of the receipt is not clear or not legible, the originalreceipt.
j. In transactionsinvolving catalytic converters that are not attached to a vehicle, and centralair conditioner evaporator coils or condensers, the person delivering thematerials shall place next to that person's signature on the receipt requiredunder subsection (a1) of this section, a clear impression of that person'sindex finger that is in ink and free of any smearing. A secondary metalsrecycler may elect to obtain the fingerprint electronically. If the secondarymetals recycler has a copy of the fingerprint of the person delivering thenonferrous metal on file, the secondary metals recycler must examine the photoidentification but may reference the fingerprint that is on file without makinga separate fingerprint for each subsequent transaction.
(3) A secondary metalsrecycler shall keep and maintain the information required under this subsectionfor not less than two years from the date of the purchase of the regulatedmetals property. Records shall be securely maintained at all times and shall bedestroyed in a manner that protects the identity of the owner of the property,the seller of the property, and the purchaser of the property.
(c) Inspection ofRegulated Metals Property and Records. During the usual and customarybusiness hours of a secondary metals recycler, a law enforcement officer shallhave the right to inspect all of the following:
(1) Any and allpurchased regulated metals property in the possession of the secondary metalsrecycler.
(2) Any and all recordsrequired to be maintained under subsection (b) of this section.
A secondary metals recycler shallmake receipts for the purchase of regulated metals property available forpickup each regular workday if requested by the sheriff or chief of police ofthe county or the chief of police of the municipality in which the secondarymetals recycler is located. The sheriff or the chief of police may requestthese receipts to be electronically transferred directly to the law enforcementagency. Records retained by a law enforcement agency shall be securely retainedas required by law and destroyed in a manner that protects the identity of theowner of the property, the seller of the property, and the purchaser of theproperty.
(c1) Records submitted toany public law enforcement agency pursuant to this section are records ofcriminal investigations or records of criminal intelligence information asdefined in G.S. 132‑1.4 and are not public records as defined by G.S. 132‑1.
(d) PurchaseLimitations. No secondary metals recycler shall do any of the following:
(1), (2) Repealed by SessionLaws 2009‑200, s. 1, effective October 1, 2009, and applicable topurchases and offers of purchase that occur on or after that date.
(3) Purchase any centralair conditioner evaporator coils or condensers, or catalytic converters thatare not attached to a vehicle, except that a secondary metals recycler maypurchase these items from a company, contractor, or individual that is in thebusiness of installing, replacing, maintaining, or removing these items,provided the secondary metals recycler is prohibited from paying cash or makingpayment of any kind for any central air conditioner evaporator coil orcondenser in whole or in part or a catalytic converter that is not attached toa vehicle. The payment for these metals is to be made by check or money ordermade out to the company, contractor, or individual. Payment for these metalsmay also be made using a cash card system that captures the photograph of theperson selling these metals if the secondary metals recycler maintains thephotograph for 90 days.
(4) Purchase othernonferrous metal property not listed in subdivision (5) of this subsection forany cash consideration greater than one hundred dollars ($100.00) pertransaction. The secondary metals recycler may purchase other nonferrous metalproperty for an amount in excess of one hundred dollars ($100.00) if thepayment is made by check, money order, or a cash card system that captures thephotograph of the person selling the nonferrous metal if the secondary metalsrecycler maintains the photograph for 90 days.
(5) Except as providedin subsection (g) of this section, purchase:
a. Any regulated metalmarked with the initials or other identification of a telephone, cable,electric, water, or other public utility, or any brewer.
b. Any utility accesscover.
c. Any street lightpole or fixture.
d. Any road or bridgeguard rail.
e. Any highway orstreet sign.
f. Any water metercover.
g. Any metal beer keg,including any made of stainless steel that is clearly marked as being theproperty of the beer manufacturer.
h. Any trafficdirectional or control sign.
i. Any traffic lightsignal.
j. Any regulated metalmarked with the name of a government entity.
k. Any property ownedby a railroad and marked and otherwise identified as such.
l. Any historicalmarker or any grave marker or burial vase.
(d1) Retain Metals forSeven Days Before Selling or Altering. Any secondary metals recycler ownerconvicted of a felonious violation of this Chapter, G.S. 14‑71, 14‑71.1,or 14‑72 shall hold and retain any regulated metals product, except foriron and steel products, for seven days from the date of purchase beforeselling, dismantling, defacing, or in any manner altering or disposing of theregulated metals property.
(e) Right toRestitution. The court may order a defendant to make restitution to thesecondary metals recycler for any damage or loss caused by the defendantarising out of an offense committed by the defendant.
(f) Violations. Unlessthe conduct is covered by some other provision of law providing greaterpunishment, any person knowingly and willfully violating any of the provisionsof this section shall be guilty of a Class 1 misdemeanor for a first offense. Asecond or subsequent violation of this section is a Class I felony.
(g) Exemptions. Thissection does not apply to:
(1) Purchases ofregulated metals property from a manufacturing, industrial, government, orother commercial vendor that generates or sells regulated metals property inthe ordinary course of its business.
(2) Purchases ofregulated metals property that involve only beverage containers.
(h) Preemption. Acounty or municipality shall not enact any local law, ordinance, or regulationregulating secondary metals recyclers or regulated metals property thatconflicts with this section, and this law preempts all existing laws,ordinances, or regulations. (1907, c. 464; 1909, c. 855, s. 1; C.S., s. 5091; 1967,c. 792; 1971, c. 1231, s. 1; 1975, c. 182, s. 2; 1993, c. 295, s. 2; c. 539, s.505; 1994, Ex. Sess., c. 14, s. 40; c. 24, s. 14(c); 2007‑301, s. 1; 2009‑200,s. 1.)