S*0907(Rat #0432, Act #0396 of 1986)  General Bill, By J.C. Hayes, 
W.E. Applegate, Land and J.M. Long

Similar(H 3365)
 A Bill to amend Title 39, Code of Laws of South Carolina, 1976, relating to
 trade and commerce, by adding Chapter 16 so as to provide for disclosure to
 purchasers of information concerning fine prints to enable purchasers to
 properly assess the value of them and provide for civil relief against sellers
 who violate the provisions of the Chapter.amended title

   01/28/86  Senate Introduced and read first time SJ-263
   01/28/86  Senate Referred to Committee on Judiciary SJ-263
   03/20/86  Senate Committee report: Favorable with amendment
                     Judiciary SJ-1130
   03/25/86  Senate Amended SJ-1206
   03/25/86  Senate Read second time SJ-1207
   03/25/86  Senate Unanimous consent for third reading on next
                     legislative day SJ-1207
   03/26/86  Senate Read third time and sent to House SJ-1312
   03/27/86  House  Introduced and read first time HJ-2039
   03/27/86  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-2039
   04/09/86  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-2247
   04/16/86  House  Amended HJ-2383
   04/16/86  House  Read second time HJ-2386
   04/17/86  House   Read third time HJ-2438
   04/17/86  House  Returned HJ-2438
   04/22/86  Senate Concurred in House amendment and enrolled SJ-2182
   04/30/86         Ratified R 432
   05/06/86         Signed By Governor
   05/06/86         Effective date 09/01/86
   05/06/86         Act No. 396
   05/20/86         Copies available

AN ACT TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 16 SO AS TO PROVIDE FOR DISCLOSURE TO PURCHASERS OF INFORMATION CONCERNING FINE PRINTS TO ENABLE PURCHASERS TO PROPERLY ASSESS THE VALUE OF THEM AND PROVIDE FOR CIVIL RELIEF AGAINST SELLERS WHO VIOLATE THE PROVISIONS OF THE CHAPTER.

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

Sale of fine prints, disclosure requirements

SECTION 1. Title 39 of the 1976 Code is amended by adding:

"CHAPTER 16

Sale of Fine Prints, Disclosure Requirements

Section 39-16-10. As used in this chapter:

(a) 'Artist' means any person who conceived or created:

(1) the master image for a fine print; or

(2) the master image which served as the model for a fine print.

(b) 'Fine print' means a printed image on paper or any other suitable substance which has been taken off a plate by printing, stamping, casting, or any other process commonly used in the graphic arts and includes engraving, etching, woodcut, lithograph, or serigraph.

(c) 'Reproduction' means a copy of an original print made by a commercial mechanical

process which does not require the use of a plate.

(d) 'Art merchant' means a person who:

(1) deals in fine prints to which this article is applicable; or

(2) by his occupation holds himself out as having knowledge or skill peculiar to such works; or

(3) to whom such knowledge or skill may be attributed by his employment of an agent or other intermediary who by his occupation holds himself out as having such knowledge or skill; or

(4) is a professional auctioneer who sells such works at public auctions.

(e) 'Person' means an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity that does not have the knowledge or skill of an art merchant as described in Section 39-16-10 (d).

(f) 'Plate' means a plate, stone, block, or other material used to create a fine print or from which a fine print is taken.

(g) 'Print' means a fine print.

(h) 'Signed print' means a fine print autographed by the artist, whether it was signed or unsigned in the plate.

Section 39-16-20. This chapter does not apply to:

(a) a fine print sold before January 1, 1987.

(b) a fine print offered for sale or sold at retail or wholesale for:

(1) one hundred dollars or less if unframed; or

(2) one hundred fifty dollars or less if framed.

(c) a migratory waterfowl stamp print issued under the auspices of the South Carolina Migratory Waterfowl Committee.

Section 39-16-30. (a) An art merchant or person may not knowingly publish or distribute any catalog, prospectus, or circular which offers for sale a fine print unless it clearly and conspicuously discloses all information required by Section 39-16-40.

(b) An art merchant or person may not knowingly sell at retail or wholesale any fine print unless a written invoice, receipt for the purchase price, or certificate furnished to the purchaser clearly and conspicuously discloses all information required by Section 39-16-40.

(c) If a print is described as a 'reproduction', the information required by Section 39-16-40 is not required to be disclosed unless the print allegedly was published in a limited edition, an edition of numbered or signed prints or any combination of them.

Section 39-16-40.(a) An art merchant or person who sells or offers to sell a fine print shall disclose the following information:

(1) the year the plate was created.

(2) the year when printed and the name of the artist.

(3) the process used to create the print.

(4) whether the print is a part of a limited edition, and if it is:

(i) the authorized maximum number of numbered or signed prints, or both, in the edition.

(ii) the authorized maximum number of unnumbered or unsigned prints, or both, in the edition.

(iii) any authorized maximum number of artist's, publisher's, printer's, or other proofs, exclusive of trial proofs, outside the regular edition.

(iv) the total size of the edition.

(5) whether the plate has been destroyed, effaced, altered, defaced, or cancelled after the current edition.

(6) if there were any prior plates of the same master image, the total number of plates and a designation of the plate from which the print was taken.

(7) if there were any prior or later editions from the same plate, the series number of the edition of which the print is a part, and the aggregate size of all other editions.

(8) if the print was reproduced as a book illustration, or in a magazine article.

(9) whether the edition is a posthumous edition or restrike and, if it is, whether the plate has been reworked.

(10) the name of any workshop where the edition was printed.

(11) whether the print has been printed on acid free paper.

(b) if the art merchant lacks knowledge as to any information required to be disclosed by this section, he shall disclaim that knowledge specifically with regard to each of these items of information so that the purchaser is able to judge the degree of uniqueness or scarcity of each print.

(c) if the person lacks knowledge as to any information required to be disclosed by this section, he shall disclaim that knowledge specifically with regard to the overall authenticity of each print.

Section 39-16-50.(a) An art merchant or person who sells a fine print in violation of this chapter is liable to the purchaser, on tender by the purchaser of the print, for its purchase price, with interest, at the legal rate, from the date of payment of the purchase price.

(b) An art merchant or person who sells a fine print in wilful violation of this chapter is liable to the purchaser, on tender by the purchaser of the print, for an amount equal to three times the sum of the purchase price and interest, at the legal rate, from the date of payment of the purchase price."

Time effective

SECTION 2. This act shall take effect September 1, 1986.