H*4398(Rat #0285, Act #0264 of 1996)  General Bill, By Harrison, Allison, 
Bailey, J.L.M. Cromer, H.G. Hutson and Jennings

Similar(S 1103)
 A Bill to amend Title 40, Chapter 41, Code of Laws of South Carolina, 1976, by
 adding Article 9 so as to define "retailer", to require a retailer to keep a
 record of the source of new merchandise that the retailer offers for sale, to
 specify the type of record or documentation that is required, to provide that
 the merchandise may be confiscated by a law enforcement officer under certain
 circumstances, to provide exemptions, and to provide a penalty for violation.

   12/20/95  House  Prefiled
   12/20/95  House  Referred to Committee on Judiciary
   01/09/96  House  Introduced and read first time HJ-77
   01/09/96  House  Referred to Committee on Judiciary HJ-78
   01/24/96  House  Committee report: Favorable with amendment
                     Judiciary HJ-7
   01/30/96  House  Objection by Rep. Cooper, Trotter, Chamblee,
                     Marchbanks, Townsend, P. Harris, Williams,
                     McMahand, Seithel, Harrison, Jennings, Fleming,
                     Neal, Kennedy, Elliott & J. Hines HJ-17
   02/07/96  House  Amended HJ-24
   02/07/96  House  Read second time HJ-27
   02/07/96  House  Roll call Yeas-89 Nays-13 HJ-27
   02/08/96  House  Read third time and sent to Senate HJ-15
   02/08/96  Senate Introduced and read first time SJ-7
   02/08/96  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-7
   02/22/96  Senate Committee report: Favorable Labor, Commerce and
                     Industry SJ-8
   02/27/96  Senate Read second time SJ-29
   02/27/96  Senate Unanimous consent for third reading on next
                     legislative day SJ-29
   02/28/96  Senate Read third time and enrolled SJ-14
   03/26/96         Ratified R 285
   04/02/96         Became law without Governor's signature
   04/02/96         Effective date 01/01/97
   04/16/96         Copies available
   04/16/96         Act No. 264

AN ACT TO AMEND TITLE 40, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO DEFINE "RETAILER", TO REQUIRE A RETAILER TO KEEP A RECORD OF THE SOURCE OF NEW MERCHANDISE THAT THE RETAILER OFFERS FOR SALE, TO SPECIFY THE TYPE OF RECORD OR DOCUMENTATION THAT IS REQUIRED, TO PROVIDE THAT THE MERCHANDISE MAY BE CONFISCATED BY A LAW ENFORCEMENT OFFICER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXEMPTIONS, AND TO PROVIDE A PENALTY FOR VIOLATION.

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

Records of retailers

SECTION 1. Title 40, Chapter 41 of the 1976 Code is amended by adding:

Section 40-41-710. (A) For purposes of this section, `retailer' means a retailer of a `transient business' or a `temporary business' as defined in Section 12-36-510.

(B) A retailer shall keep a record of the source of new merchandise the retailer offers for sale. The record may be a receipt or an invoice from the person who sold the merchandise to the retailer or any other documentation that establishes the source of the merchandise.

(1) The record or documentation must include:

(a) the physical address of the source;

(b) the date the merchandise was purchased by the retailer;

(c) the price paid for the merchandise;

(d) the quantity; and

(e) the name of source.

(2) The retailer shall keep the record at the same location as the new merchandise being offered for sale and shall maintain the record for one year after the merchandise is sold.

(C) Upon the request of a law enforcement officer, after forming a reasonable suspicion that the merchandise possessed by the retailer may have been stolen, the retailer shall produce the record of the source of new merchandise the retailer offers for sale.

(D) If the retailer fails to produce the requested record the officer may seize the merchandise and hold it in custody as evidence and the retailer may be punished as follows:

(1) Upon conviction for a first offense, the retailer is guilty of a misdemeanor and must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both.

(2) Upon conviction of a second offense, the retailer must be fined not less than one thousand nor more than five thousand dollars or imprisoned for not less than thirty days nor more than sixty days, or both.

(3) Upon conviction of a third offense, the retailer's Sales and Use Tax License must be revoked, and the retailer must be fined not less than one thousand nor more than five thousand dollars or imprisoned for not less than thirty days nor more than sixty days, or both.

(E) Merchandise confiscated pursuant to the provisions of this section may be disposed of in accordance with the provisions of Chapter 21, Title 27.

(F) The provisions of this section do not apply to a charitable organization offering merchandise for sale."

Time effective

SECTION 2. This act takes effect January 1, 1997.

Became law without the signature of the Governor -- 4/2/96.