South Carolina Legislature


 

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H 4888
Session 112 (1997-1998)


H 4888 General Bill, By Loftis, Cato, Dantzler, Davenport, Hamilton, Inabinett, 
B.L. Jordan, Koon, Law, Leach, Lee, Lloyd, Martin, Moody-Lawrence, Riser, 
Sandifer, Stille, Whatley, Witherspoon, Woodrum and W.J. Young
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 39-1-80 SO AS TO REQUIRE OWNERSNext OR OPERATORS OF SPORTS EQUIPMENT CONSIGNMENT
 STORES TO KEEP RECORDS OF GOODS PURCHASED OR RECEIVED FOR CONSIGNMENT; TO
 REQUIRE SUCH RECORDS TO BE OPEN FOR INSPECTION BY LAW ENFORCEMENT OR THE
 DEPARTMENT OF CONSUMER AFFAIRS, AND TO FORBID RECEIPT OF GOODS WITH EVIDENCE
 OF THIRD PARTY PreviousOWNERSHIPNext.

   03/25/98  House  Introduced and read first time HJ-24
   03/25/98  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-25



A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-80 SO AS TO REQUIRE PreviousOWNERSNext OR OPERATORS OF SPORTS EQUIPMENT CONSIGNMENT STORES TO KEEP RECORDS OF GOODS PURCHASED OR RECEIVED FOR CONSIGNMENT; TO REQUIRE SUCH RECORDS TO BE OPEN FOR INSPECTION BY LAW ENFORCEMENT OR THE DEPARTMENT OF CONSUMER AFFAIRS, AND TO FORBID RECEIPT OF GOODS WITH EVIDENCE OF THIRD PARTY PreviousOWNERSHIPNext.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 39-1-80. (A) A person who PreviousownsNext or operates a place of business which purchases or accepts sporting goods or equipment for consignment shall record at the time the goods or equipment are purchased or left for consignment:

(1) the time and place of receipt;

(2) a description of the goods or equipment;

(3) the name and residential address of the person who brought in the goods or equipment.

(B) Records kept by the PreviousownerNext or operator must be open at all reasonable times to inspection by law enforcement officers or the administrator of the Department of Consumer Affairs or a designee. However, these records are confidential and otherwise are not open for public inspection.

(C) No PreviousownerNext or operator may accept sporting goods or equipment from a person if upon the goods or equipment is evidence of PreviousownershipNext by a third party without first taking reasonable steps to ascertain its true PreviousownershipNext. If subsequent to receipt of the goods or equipment evidence of third party PreviousownershipNext is discovered, the PreviousownerNext or operator must return the goods or equipment on demand to the third party Previousowner.

(D) For purposes of this section, 'sporting goods or equipment' and 'goods or equipment' include, but are not limited to, bicycles, ski equipment, and exercise equipment."

SECTION 2. This act takes effect July 1, 1998.

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