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Bill 398

                    Current Status

Bill Number:                      398
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010301
Primary Sponsor:                  Labor, Commerce and Industry Committee 
                                  SLCI 12
All Sponsors:                     Labor, Commerce and Industry Committee
Drafted Document Number:          l:\council\bills\dka\4135mm01.doc
Residing Body:                    House
Current Committee:                Labor, Commerce and Industry Committee 26 
                                  HLCI
Subject:                          Pawnbrokers, records to be legible and 
                                  available to law enforcement, court officials, 
                                  etc; Businesses and Corporations


                        History

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

INTRODUCED

March 1, 2001

    S. 398

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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