South Carolina General Assembly
107th Session, 1987-1988

Bill 916

                    Current Status

Bill Number:               916
Ratification Number:       570
Act Number                 506
Introducing Body:          Senate
Subject:                   Requirements for the sale of fine
                           prints
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A506, R570, S916)

AN ACT TO AMEND SECTIONS 39-16-10 AND 39-16-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS AND PROHIBITIONS USED IN THE DISCLOSURE REQUIREMENTS FOR THE SALE OF FINE PRINTS, SO AS TO INCLUDE WITHIN THE DEFINITION OF "ART MERCHANT" A PROFESSIONAL AUCTIONEER WHO HOLDS HIMSELF OUT AS HAVING KNOWLEDGE OR SKILL PECULIAR TO FINE PRINTS, TO INCLUDE AUCTIONEER WITHIN THE DEFINITION OF "PERSON", AND TO REQUIRE A WRITTEN INVOICE DISCLOSING ALL INFORMATION REQUIRED IN SECTION 39-16-40 WHEN A FINE PRINT IS OFFERED AT AN AUCTION WHERE NONART PROPERTY ALSO IS SOLD; AND TO AMEND SECTION 39-16-20, RELATING TO THE PRINTS TO WHICH CHAPTER 16 OF TITLE 39 DOES NOT APPLY, SO AS TO ADD A FINE PRINT FOR WHICH PROOF EXISTS THAT THE PRINT WAS PRINTED NO LESS THAN ONE HUNDRED YEARS PRIOR TO THE DATE OF SALE.

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

Definition

SECTION 1. Section 39-16-10(d)(4) of the 1976 Code is amended to read:

"(4) is a professional auctioneer who holds himself out as having knowledge or skill peculiar to fine prints to which this article is applicable and who sells these works at public auctions."

Definition

SECTION 2. Section 39-16-10(e) of the 1976 Code is amended to read:

"(e) 'Person' means an individual, auctioneer, 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)"

Applicability of chapter

SECTION 3. Section 39-16-30 of the 1976 Code is amended by adding:

"(d) An art merchant or person offering for auction a fine print to which this article is applicable at an auction where nonart property also is sold shall provide a written invoice disclosing all information required by Section 39-16-40."

Proof exists

SECTION 4. Section 39-16-20 of the 1976 Code is amended by adding:

"(d) a fine print for which proof exists that the print was printed no less than one hundred years prior to the date of sale."

Time effective

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