South Carolina General Assembly
111th Session, 1995-1996

Bill 4398


                    Current Status

Bill Number:                    4398
Ratification Number:            285
Act Number:                     264
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19960109
Primary Sponsor:                Harrison
All Sponsors:                   Harrison, Cromer, Jennings, Hutson,
                                Bailey, Allison 
Drafted Document Number:        BBM\10448DW.96
Companion Bill Number:          1103
Date Bill Passed both Bodies:   19960228
Date of Last Amendment:         19960207
Governor's Action:              U  Became law without signature of
                                Governor
Date of Governor's Action:      19960402
Subject:                        Retailers to keep records

History



Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960410  Act No. A264
------  19960402  Unsigned, became law without
                  signature of Governor
------  19960326  Ratified R285
Senate  19960228  Read third time, enrolled for
                  ratification
Senate  19960227  Read second time, unanimous consent
                  for third reading on Wednesday,
                  19960228
Senate  19960222  Committee report: Favorable              12 SLCI
Senate  19960208  Introduced, read first time,             12 SLCI
                  referred to Committee
House   19960208  Read third time, sent to Senate
House   19960207  Amended, read second time
House   19960130  Objection by Representative                      Cooper
                                                                   Trotter
                                                                   Chamblee
                                                                   Marchbanks
                                                                   Townsend
                                                                   P. Harris
                                                                   Williams
                                                                   McMahand
                                                                   Seithel
                                                                   Harrison
                                                                   Jennings
                                                                   Fleming
                                                                   Neal
                                                                   Kennedy
                                                                   Elliott
                                                                   J. Hines
House   19960124  Committee report: Favorable with         25 HJ
                  amendment
House   19960109  Introduced, read first time,             25 HJ
                  referred to Committee
House   19951220  Prefiled, referred to Committee          25 HJ

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A264, R285, H4398)

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:

"Article 9

Records of Retailers

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.