Current Status Bill Number:
3535Ratification Number: 97Act Number: 30Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19970226Primary Sponsor: SharpeAll Sponsors: Sharpe, T. Brown and RhoadDrafted Document Number: pt2956dw.97Date Bill Passed both Bodies: 19970418Governor's Action: SDate of Governor's Action: 19970521Subject: Weighmasters, public; definitions and provisions, Agriculture, Businesses and Corporations
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19970604 Act No. A30 ------ 19970521 Signed by Governor ------ 19970515 Ratified R97 Senate 19970418 Read third time, enrolled for ratification Senate 19970417 Read second time, unanimous consent for third reading on Friday, 19970418 Senate 19970416 Committee report: Favorable 01 SANR Senate 19970325 Introduced, read first time, 01 SANR referred to Committee House 19970321 Read third time, sent to Senate House 19970320 Read second time, unanimous consent for third reading on the next Legislative day House 19970319 Committee report: Favorable 20 HANR House 19970226 Introduced, read first time, 20 HANR referred to CommitteeView additional legislative information at the LPITS web site.
(A30, R97, H3535)
AN ACT TO AMEND SECTION 39-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A "PUBLIC WEIGHMASTER", SO AS TO REVISE THE DEFINITION; TO AMEND SECTION 39-11-120, RELATING TO THE CONTENTS OF THE CERTIFICATES OF WEIGHTS AND MEASURES, SO AS TO DELETE REFERENCES TO STATE CERTIFICATES AND SPECIFY THAT THEY ARE ISSUED BY A PUBLIC WEIGHMASTER; TO AMEND SECTION 39-11-140, RELATING TO ACTS DECLARED MISDEMEANORS CONCERNING PUBLIC WEIGHMASTERS, SO AS TO DELETE REFERENCES TO STATE CERTIFICATES AND MAKE IT A CRIME TO ACT AS A PUBLIC WEIGHMASTER OR DEPUTY PUBLIC WEIGHMASTER WITHOUT FIRST BEING LICENSED; AND TO REPEAL SECTION 39-11-190 RELATING TO PERSONS TRADING IN BULK COMMODITIES ARE REQUIRED TO BE OR EMPLOY PUBLIC WEIGHMASTERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 39-11-20 of the 1976 Code is amended to read:
"Section 39-11-20. (A) 'Public weighmaster' is:
(1) Any person licensed by the Commissioner of Agriculture to weigh, measure, or count any commodity and issue for it a statement or memorandum of the weight, measure, or count accepted as the accurate weight or measure or count.
(2) Any person engaged in the business of public weighing or measuring for hire or award.
(3) Any person engaged in the business of buying or selling grain or soybeans who uses a moisture meter or other measuring device to determine the moisture content of these commodities.
(4) Any person who weighs, measures, or counts any commodity and declares the weight or measurement to be the true and accurate weight or measurement upon which the purchase, sale, or exchange of the commodity is based and received compensation for the act.
(B) The following may not be construed to be public weighmasters:
(1) Retailers weighing or measuring commodities for sale by them at retail directly to consumers.
(2) A person weighing, measuring, or counting property, produce, commodities or articles on which property, produce, commodity or article the package net weight is declared in conformity with the South Carolina weights and measures law.
(3) Employees of the South Carolina Department of Agriculture authorized to perform their department's duties."
Certificate of weights
SECTION 2. Section 39-11-120 of the 1976 Code is amended to read:
"Section 39-11-120. Certificates of weights and measures issued by public weighmasters shall contain the accurate and correct weight or measure or count of any and all commodities or products weighed or measured or counted. Any public weighmaster who alters the certificate is guilty of a misdemeanor."
False certificate of weights
SECTION 3. Items (b) and (c) of Section 39-11-140 of the 1976 Code are amended to read:
"(b) Requests a false or incorrect certificate of weights and measures.
(c) Acts as a public weighmaster or deputy public weighmaster without first being licensed."
SECTION 4. Section 39-11-190 of the 1976 Code is repealed.
SECTION 5. This act takes effect upon approval by the Governor.
Approved the 21st day of May, 1997.