Bill Summary for H 199 (2011-2012)

Summary date: 

Jun 7 2012

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 199 (Public) Filed Tuesday, March 1, 2011
REQUIRING ANY PERSON SEEKING RELIEF PURSUANT TO A DOMESTIC VIOLENCE PROTECTIVE ORDER TO INCLUDE IN THE COMPLAINT OR MOTION FILED WHETHER THE PERSON HAS PREVIOUSLY FILED AN ACTION OR MOTION FOR DOMESTIC VIOLENCE AGAINST THE DEFENDANT AND IF SO, THE DISPOSITION OF THAT ACTION.
Intro. by Rhyne.

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Bill summary

Senate committee substitute makes the following changes to 2nd edition. Deletes all the provisions of the 2nd edition and replaces it with AN ACT TO RECODIFY THE PROVISIONS OF THE GENERAL STATUTES THAT REGULATE PRECIOUS METALS BUSINESSES, PAWNBROKERS, AND CASH CONVERTERS, AND SECONDARY METALS RECYCLERS, AND TO STRENGTHEN METALS THEFT PREVENTION BY REQUIRING PERMITTING OF NONFERROUS METALS PURCHASERS, MAKING IT A CRIME TO CUT, MUTILATE, DEFACE, OR OTHERWISE INJURE THE PROPERTY OF ANOTHER TO OBTAIN NONFERROUS METALS, CREATING RELATED CRIMINAL OFFENSES, AND MAKING OTHER RELATED CHANGES TO THE GENERAL STATUTES.
Adds new Article 45, Pawnbrokers, Metal Dealers, and Scrap Dealers, to GS Chapter 66. Recodifies GS Chapter 91A (Pawnbrokers and Cash Converters Modernization Act) as Part 1 of new Article 45 of GS Chapter 66, GS 66-385 through 66-399. Makes necessary conforming changes to effect the recodification of GS Chapter 91A as Part 1 of new Article 45 of GS Chapter 66.
Recodifies Article 25 (Regulation of Precious Metal Businesses) of GS Chapter 66 as Part 2 of new Article 45 of GS Chapter 66, GS 66-405 through 66-413. Makes necessary conforming changes to effect the recodification of Article 25 as Part 2 of new Article 45 of GS Chapter 66. Also makes conforming changes to GS 25-9-201(b) and 105-88(a)(3).
Repeals GS 66-11 (Dealing in regulated metals property; penalties) and 66-11.1 (Transportation of copper).
Enacts new Part 3, Regulation of Sales and Purchases of Metals, to new Article 45. Recodifies GS 66-11.2 under Part 3 of new Article 45. Part 3 provides definitions for terms as used in new Article 45. Specified records and receipts required for regulated metal transactions. Defines regulated metals property as all ferrous and nonferrous metals. Requires the inspection of regulated metals property and records and specifies that a secondary metals recycler is to keep and maintain the required information for not less than two years from the date of the purchase of the regulated metals property. Stresses that records must be securely maintained and provides guidelines regarding the destroying of records. Provides that a law enforcement officer may issue a hold notice to the purchaser of nonferrous metals if the officer has reasonable suspicion that any item in the purchaser’s possession has been stolen. Requires that the hold notice be in writing. Provides for the renewal of a hold notice. Requires a secondary metals recycler owner to hold nonferrous metals until the second calendar day after the date of purchase before selling or otherwise altering or disposing of the nonferrous metals. Requires an owner who has previously been convicted of a felonious violation of Article 45, GS 14-71, 14-71.1, or 14-72 to hold nonferrous metals for seven days from the date of purchase. Lists activities and transactions prohibited to a secondary metals recycler. Makes it unlawful to transport more than 25 pounds of nonferrous metals on the highway unless specified conditions are met. Indicates permissible payment methods for nonferrous metals purchasers. Requires the sheriff of each county to issue nonferrous metals purchase permits and directs the Attorney General to prescribe a standard application and permit form to be used by county sheriffs.
Provides that Part 3 does not apply to purchases of regulated metals from a manufacturing, industrial government, or other commercial vendor that sells or generates regulated metals in tits ordinary course of business; or the purchases of regulated metals property that only beverage containers, except GS 66-418 (regarding hold notices) does apply in that case.
Prohibits a county or municipality from enacting local laws, ordinances, or regulations that conflict with Part 3 and provides that this Part preempts all existing laws, ordinances, or regulations in conflict with it.
Makes a first violation of this Part a Class 1 misdemeanor, unless the conduct is covered by some other provision of law carrying greater punishment. Makes a subsequent violation a Class I felony. Provides that three or more violations results in an immediate revocation of the owner’s permit for a fixed site. Provides additional details regarding violation.
Makes conforming changes to the recodified version of GS 66-11.2(a) (regarding forfeiture of vehicles) and GS 20-62.1(a) (regarding the purchase of vehicles for scrap or parts only).
Adds new GS 14-159.4 to Article 22 of GS Chapter 14 to provide criminal penalties for the cutting, mutilating, defacing, or otherwise injuring property in order to obtain nonferrous metals. Punishment ranges from misdemeanors to felonies based on the monetary value, injury to a person or infrastructure affected.
Provides that pawnbroker licenses and permits to be in the business of purchasing precious metals are valid on the effective date of this act continue in force until their expiration.
Provides that this act is effective December 1, 2012, and applies to offenses committed on or after that date. Provides that prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and applicable statutes before this act becomes effective remain applicable to those prosecutions.

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