Reference is to the bill as introduced.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Section 40-54-10(7) of the 1976 Code is amended to read:
"(7) 'Purchase' means the acquisition, including by means of being pawned to a dealer, of precious metal or precious or semiprecious stones or gems or both precious metal and precious or semiprecious stones or gems for a consideration of cash, goods, or other precious metals or precious or semiprecious stones or gems or both precious metals and precious or semiprecious stones or gems. Trade-ins are covered by the provisions of this chapter unless the item traded was purchased directly from the dealer allowing the trade."
SECTION 2. Section 40-54-20 of the 1976 Code is amended to read:
"Section 40-54-20.
(A) No dealer as defined herein
shall operate in the State of South Carolina unless he first
obtains a permit to engage in the business of purchasing
precious metals from the local law enforcement agency and
operates only from a permanent place of business. No dealer
shall operate upon public property nor from a vehicle, flea
market, hotel room or, residential
dwelling, similar temporary location, or sub-leased space
with a lease term of less than one year.
(B) The form of
the permit to engage in the business of purchasing precious
metals shall be prescribed by the State Law Enforcement Division
and all applicants for a permit under this chapter, whether a
person, firm or corporation, shall file a written sworn
application signed by the applicant if an individual, by all the
partners if a partnership, and by the president if a
corporation, with the local law enforcement agency showing:
(a1) The names
of the persons managing, supervising or conducting the
applicant's business in any places proposed to carry on
business; the addresses of such persons; the driver's license
number of such persons; the capacity in which such persons will
act, that is, whether as proprietor, agent or otherwise; the
name and address of the person, firm or corporation for whose
account the business will be carried on, if any; and if a
corporation, the state of incorporation.
(b2) The
permanent places of business and other places in the State of
South Carolina where it is proposed to carry on the applicant's
business and the places where the applicant has carried on the
business of purchasing precious metals within one year preceding
the date of such application.
(c3) Such
other reasonable information as to the identity of the persons
managing, supervising or conducting the applicant's business as
the local law enforcement agency may deem proper to fulfill the
purposes of this chapter.
(d4) A
statement of the nature, character and quality of the precious
metals to be purchased in the business.
(C) Upon receipt
of such application for a permit, the local law enforcement
agency shall cause an investigation of such person's business
and personal background to be made. Such investigation shall be
limited to information pertinent to the purpose of this chapter.
If, as a result of the investigation, the background is found
to be unsatisfactory, the permit shall be denied. The permit
shall be denied or issued within thirty days from the date of
application. Upon the issuance of the permit, the local law
enforcement agency shall notify the State Law Enforcement
Division of the locations where the permit holder proposes to
carry on his business. The permit issued under this chapter
shall be valid for a period of one year from the date issued and
the annual fee shall be fifty dollars to provide for the
administrative costs. If the dealer intends to operate from
more than one location within the State, then separate permits
shall be issued for each place of business; provided,
however, only one annual fee shall be collected.
(D) The permits
under this chapter shall be in addition to and not in lieu of
other business licenses.
(E) A permit may
be denied, suspended or revoked at any time if the local law
enforcement agency discovers that the information on the
application is inaccurate or the dealer or applicant does not
comply with the requirements of this act. The permit holder
shall notify, within ten days, the local law enforcement agency
if any substantive changes occur in the permanent place of
business in the persons managing, supervising or conducting the
applicant's business, or in the places the permit holder intends
to do business."
SECTION 3. Section
40-54-40 of the 1976 Code is amended to read:
"Section 40-54-40.
(A)(1) Every dealer shall keep
a book in which must be written at the time of any purchase of
precious metal or precious or semiprecious stones or gems made
from the general public, whether in bulk or manufactured form,
the date of purchase, amount of money or other property
exchanged for the metal, stones, or gems, the name, sex, race,
age, address, and driver's license number of the person selling
the items, articles, or things bought, and the number and nature
and brand name of the items, articles, or things. Descriptions
must include size, weight, patterns, or engraving or any unusual
identification marks.
(2)
If the seller does not have a driver's license,
some other positive identification bearing his photograph and an
identifying number may be substituted including:
(a)
another form of identification containing a
photograph and issued by the Department of Motor Vehicles;
(b)
a passport;
(c)
military identification containing a photograph
and issued by the United States federal government; or
(d)
a South Carolina voter registration card
containing a photograph pursuant to Section 7-5-675.
(3)
If the seller cannot produce a driver's license or
other positive identification, the dealer may not buy any
merchandise from him. Every dealer shall, at the time of
purchase, obtain the signature of the seller as part of the
recording of the transaction.
(B) The record
book must be kept for three years and at all reasonable times
must be open to the inspection of any judicial or law
enforcement officials or their designees.
(C) The local
law enforcement agency may not reveal a seller's identity
supplied under this section except to other law enforcement
agencies and prosecuting officials or pursuant to the valid
order of a court or in the course of any criminal investigation
or prosecution."
SECTION 4. Section 40-54-50 of the 1976 Code is amended to read:
"Section 40-54-50.
(A) No dealer may purchase any
precious metal from a minor unless accompanied by his parent or
guardian with appropriate identification.
(B) All precious
metals, except coins, purchased by a dealer
shall must be held by the dealer at his
permanent place of business or at another suitable
location in the within the county of purchase in
this State of South Carolina without being
resold, melted, or altered in any manner, for a period of
seven fourteen days from the purchase
date. This fourteen-day period begins on the date of
purchase. All goods required to be held under this section
shall must at all reasonable times be
open to inspection by any law enforcement agency.
(C) Coins
purchased by a dealer must be held by the dealer at his
permanent place of business or at another suitable location in
this State without being resold, melted, or altered in any
manner for a period of seven days from the purchase date. All
goods required to be held under this section must at all
reasonable times be open to inspection by any law enforcement
agency."
SECTION 5. Section 40-54-80 of the 1976 Code is amended to read:
"Section 40-54-80.
(A) Any dealer wilfully
violating the provisions of this chapter shall be
deemed is guilty of a misdemeanor and upon
conviction, for a first offense,
shall must be fined not more than five hundred
dollars or, imprisoned for not
more than ninety days, or both. A second offense conviction
shall be is punishable by a fine of not
more than two thousand dollars or,
imprisonment for not more than one year, or both. A
third or subsequent offense conviction shall be
is punishable by a fine of not more than five thousand
dollars or, imprisonment for not
more than three years, or both. A dealer convicted of a second
offense shall be is ineligible for a
permit to conduct business in precious metals in this State for
at least two years and a dealer convicted of a third or
subsequent offense shall not be eligible is
ineligible for a permit for a least five years.
(B)(1) In
addition to the provisions of subsection (A), any dealer who
wilfully makes a purchase with an invalid, suspended, or revoked
license as a dealer of precious metals is guilty of a
misdemeanor and upon conviction for a:
(a)
first offense must be fined not more than five
hundred dollars, imprisoned for not more than ninety days, or
both;
(b)
second offense must be fined not more than two
thousand dollars, imprisoned for not more than one year, or
both; and
(c)
third offense must be fined not more than five
thousand dollars, imprisoned for not more than three years, or
both.
(2)(a)
A dealer convicted of a second offense is
ineligible for a permit to conduct business in precious metals
in this State for at least two years; and
(b)
a dealer convicted of a third offense is
ineligible for a permit to conduct business in precious metals
in this State for at least five years.
(3)
A penalty under this section is cumulative to
penalties in items (1) and (2)."
SECTION 6. Section 40-54-100(1) of the 1976 Code is amended to read:
"(1) a
transaction between dealers of precious metals where the selling
dealer has already complied with the seven day
applicable holding period, nor shall they apply to
transactions between coin dealers and coin collectors occurring
at regularly scheduled numismatic conventions. However, this
exemption only applies to transactions between coin dealers and
coin collectors occurring at regularly scheduled numismatic
conventions for the purchase of coins."
SECTION 7. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 8. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.