Bill 3535

                    Current Status

Bill Number:                    3535
Ratification Number:            97
Act Number:                     30
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19970226
Primary Sponsor:                Sharpe
All Sponsors:                   Sharpe, T. Brown and Rhoad 
Drafted Document Number:        pt2956dw.97
Date Bill Passed both Bodies:   19970418
Governor's Action:              S
Date of Governor's Action:      19970521
Subject:                        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 Committee

(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:

Definition

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."

Repeal

SECTION 4. Section 39-11-190 of the 1976 Code is repealed.

Time effective

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

Approved the 21st day of May, 1997.