H*3535(Rat #0097, Act #0030 of 1997)  General Bill, By Sharpe, T. Brown and 
Rhoad
 A BILL TO AMEND SECTION 39-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE DEFINITION OF A "PUBLIC WEIGHMASTER", SO AS TO REVISE THE
 DEFINITION; TO AMEND SECTION 39-11-120, RELATING TO THE CONTENTS OF THE
 CERTIFICATES OF WEIGHTS AND MEASURES, SO AS TO DELETE REFERENCES TO STATE
 CERTIFICATES AND SPECIFY THAT THEY ARE ISSUED BY A PUBLIC WEIGHMASTER; TO
 AMEND SECTION 39-11-140, RELATING TO ACTS DECLARED MISDEMEANORS CONCERNING
 PUBLIC WEIGHMASTERS, SO AS TO DELETE REFERENCES TO STATE CERTIFICATES AND MAKE
 IT A CRIME TO ACT AS A PUBLIC WEIGHMASTER OR DEPUTY PUBLIC WEIGHMASTER WITHOUT
 FIRST BEING LICENSED; AND TO REPEAL SECTION 39-11-190 RELATING TO PERSONS
 TRADING IN BULK COMMODITIES ARE REQUIRED TO BE OR EMPLOY PUBLIC WEIGHMASTERS.

   02/26/97  House  Introduced and read first time HJ-8
   02/26/97  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-8
   03/19/97  House  Committee report: Favorable Agriculture, Natural
                     Resources and Environmental Affairs HJ-20
   03/20/97  House  Read second time HJ-12
   03/20/97  House  Unanimous consent for third reading on next
                     legislative day HJ-13
   03/21/97  House  Read third time and sent to Senate HJ-2
   03/25/97  Senate Introduced and read first time SJ-5
   03/25/97  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-5
   04/16/97  Senate Committee report: Favorable Agriculture and
                     Natural Resources SJ-14
   04/17/97  Senate Read second time SJ-19
   04/17/97  Senate Unanimous consent for third reading on next
                     legislative day SJ-19
   04/18/97  Senate Read third time and enrolled SJ-2
   05/15/97         Ratified R 97
   05/21/97         Signed By Governor
   05/21/97         Effective date 05/21/97
   06/02/97         Copies available
   06/02/97         Act No. 30

AN ACT TO AMEND SECTION 39-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A "PUBLIC WEIGHMASTER", SO AS TO REVISE THE DEFINITION; TO AMEND SECTION 39-11-120, RELATING TO THE CONTENTS OF THE CERTIFICATES OF WEIGHTS AND MEASURES, SO AS TO DELETE REFERENCES TO STATE CERTIFICATES AND SPECIFY THAT THEY ARE ISSUED BY A PUBLIC WEIGHMASTER; TO AMEND SECTION 39-11-140, RELATING TO ACTS DECLARED MISDEMEANORS CONCERNING PUBLIC WEIGHMASTERS, SO AS TO DELETE REFERENCES TO STATE CERTIFICATES AND MAKE IT A CRIME TO ACT AS A PUBLIC WEIGHMASTER OR DEPUTY PUBLIC WEIGHMASTER WITHOUT FIRST BEING LICENSED; AND TO REPEAL SECTION 39-11-190 RELATING TO PERSONS TRADING IN BULK COMMODITIES ARE REQUIRED TO BE OR EMPLOY PUBLIC WEIGHMASTERS.

Be it enacted by the General Assembly of the State of South Carolina:

Definition

SECTION 1. Section 39-11-20 of the 1976 Code is amended to read:

"Section 39-11-20. (A) 'Public weighmaster' is:

(1) Any person licensed by the Commissioner of Agriculture to weigh, measure, or count any commodity and issue for it a statement or memorandum of the weight, measure, or count accepted as the accurate weight or measure or count.

(2) Any person engaged in the business of public weighing or measuring for hire or award.

(3) Any person engaged in the business of buying or selling grain or soybeans who uses a moisture meter or other measuring device to determine the moisture content of these commodities.

(4) Any person who weighs, measures, or counts any commodity and declares the weight or measurement to be the true and accurate weight or measurement upon which the purchase, sale, or exchange of the commodity is based and received compensation for the act.

(B) The following may not be construed to be public weighmasters:

(1) Retailers weighing or measuring commodities for sale by them at retail directly to consumers.

(2) A person weighing, measuring, or counting property, produce, commodities or articles on which property, produce, commodity or article the package net weight is declared in conformity with the South Carolina weights and measures law.

(3) Employees of the South Carolina Department of Agriculture authorized to perform their department's duties."

Certificate of weights

SECTION 2. Section 39-11-120 of the 1976 Code is amended to read:

"Section 39-11-120. Certificates of weights and measures issued by public weighmasters shall contain the accurate and correct weight or measure or count of any and all commodities or products weighed or measured or counted. Any public weighmaster who alters the certificate is guilty of a misdemeanor."

False certificate of weights

SECTION 3. Items (b) and (c) of Section 39-11-140 of the 1976 Code are amended to read:

"(b) Requests a false or incorrect certificate of weights and measures.

(c) Acts as a public weighmaster or deputy public weighmaster without first being licensed."

Repeal

SECTION 4. Section 39-11-190 of the 1976 Code is repealed.

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

Approved the 21st day of May, 1997.