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398Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20010301Primary Sponsor: Labor, Commerce and Industry Committee SLCI 12All Sponsors: Labor, Commerce and Industry CommitteeDrafted Document Number: l:\council\bills\dka\4135mm01.docResiding Body: HouseCurrent Committee: Labor, Commerce and Industry Committee 26 HLCISubject: Pawnbrokers, records to be legible and available to law enforcement, court officials, etc; Businesses and CorporationsHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010312 Introduced, read first time, 26 HLCI referred to Committee Senate 20010308 Read third time, sent to House Senate 20010306 Read second time Senate 20010301 Introduced, read first time, placed on Calendar without reference Versions of This Bill Revised on March 1, 2001 - Word format
Indicates Matter Stricken
Indicates New Matter
March 1, 2001
S. Printed 3/1/01--S.
Read the first time March 1, 2001.
TO AMEND SECTION 40-39-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION BY COURT OFFICIALS, LAW ENFORCEMENT OFFICERS, AND THE DEPARTMENT OF CONSUMER AFFAIRS OF RECORDS MAINTAINED BY PAWNBROKERS, SO AS TO PROVIDE THAT RECORDS AND COPIES OF RECORDS REGARDING DESCRIPTIONS OF ITEMS PAWNED MUST BE CLEAR AND LEGIBLE AND THAT RECORDS MUST BE PRESERVED AND MADE AVAILABLE FOR A PRESCRIBED PERIOD OF TIME, AND TO PROVIDE CIVIL FINES FOR VIOLATIONS OF RECORDKEEPING DUTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-39-90 of the 1976 Code is amended to read:
"Section 40-39-90. (A) Records kept by pawnbrokers pursuant to this chapter must at all reasonable times be open to the inspection by court officials, law enforcement officers, the administrator of the Department of Consumer Affairs, and their designees. In facilitation of their inspection, all records relating to the description of the goods, articles, or things pawned or pledged must be typewritten, legibly printed, or maintained in a readily accessible computer database. All copies of records provided pursuant to this section must display clearly and legibly the information these contain.
Any Loan records identifying any an individual must be handled in a confidential manner at all times.
(B) A pawnbroker shall preserve and make available in this State books and records relating to each of its pawn transactions for two years from the date of the transaction or one year from the date of the final entry made on it, whichever is later.
(C) Upon the finding that an action of a pawnbroker is in violation of this section, the administrator may impose an administrative fine of one hundred dollars for the first offense violation. For second and subsequent offenses within a twelve-month period, the administrator may revoke or suspend a pawnbroker's certificate of authority."
SECTION 2. This act takes effect upon approval by the Governor.
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