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H 4763
Session 123 (2019-2020)


H 4763  General Bill, By Brawley, King and Clyburn
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 40-82-356 SO AS TO PROVIDE LIQUID PETROLEUM GAS DEALERS AND RESELLERS SHALL
 PROVIDE DELIVERY TICKETS BEARING CERTAIN INFORMATION TO RESIDENTIAL AND
 COMMERCIAL CUSTOMERS UPON DELIVERY, TO PROVIDE RELATED REQUIREMENTS CONCERNING
 THE USE, RETENTION, AND AVAILABILITY OF THESE DELIVERY TICKETS, AND TO PROVIDE
 EXCLUSIONS FROM THE PROVISIONS OF THIS ACT.
View full text 12/11/19 House Prefiled 12/11/19 House Referred to Committee on Labor, Commerce and Industry 01/14/20 House Introduced and read first time (House Journal-page 97) 01/14/20 House Referred to Committee on Labor, Commerce and Industry (House Journal-page 97)


H. 4763

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-82-356 SO AS TO PROVIDE LIQUID PETROLEUM GAS DEALERS AND RESELLERS SHALL PROVIDE DELIVERY TICKETS BEARING CERTAIN INFORMATION TO RESIDENTIAL AND COMMERCIAL CUSTOMERS UPON DELIVERY, TO PROVIDE RELATED REQUIREMENTS CONCERNING THE USE, RETENTION, AND AVAILABILITY OF THESE DELIVERY TICKETS, AND TO PROVIDE EXCLUSIONS FROM THE PROVISIONS OF THIS ACT.

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

SECTION    1.    Chapter 82, Title 40 of the 1976 Code is amended by adding:

    "Section 40-82-356.    (A)    When delivering liquid petroleum gas to a residential or commercial customer, a liquid petroleum gas dealer or reseller must provide a delivery ticket to the customer. This delivery ticket must be serially numbered and contain the following information:

        (1)    name and address of the dealer and reseller;

        (2)    name of the representative of the dealer or reseller who performs the delivery;

        (3)    name and address of the customer;

        (4)    date and time of the delivery;

        (5)    dealer or reseller delivering tank gas meter reading before the delivery;

        (6)    dealer or reseller delivering tank gas meter reading after the delivery;

        (7)    date delivered;

        (8)    quantity delivered and the quantity upon which the price is based, if this differs from the quantity delivered including, but not limited to, temperature-compensated sales;

        (9)    unit price;

        (10)    identity in the most descriptive terms commercially practicable including quality representation made in connection with the sale;

        (11)    count of individually wrapped packages, if more than one, for commodities bought from bulk but delivered in packages; and

        (12)    the unique serial number of the delivery ticket.

    (B)    A printed version of the delivery ticket must be given to the customer at the time of the delivery and later must be provided, either by electronic means or on paper as the dealer or seller elects, upon request by the customer within five business days of the request at no cost to the customer for a period of one year after the delivery.

    (C)    The dealer or reseller must retain a copy of the delivery ticket for a period of three years after the delivery.

    (D)    An invoice associated with the delivery must include a copy of the serial number of the delivery ticket.

    (E)    Delivery tickets retained by a dealer or reseller and associated invoices are subject to inspection by the department upon request.

    (F)    The provisions of this section do not apply to:

        (1)    liquid petroleum gas delivered to the customer by means of pipeline; and

        (2)    deliveries of fewer than twenty pounds of liquid petroleum gas."

SECTION    2.    This act takes effect July 1, 2020.

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