H 4709 Session 111 (1995-1996)
H 4709 General Bill, By Limehouse, R.C. Fulmer and Sandifer
A Bill to amend Section 40-39-70, as amended, Code of Laws of South Carolina,
1976, relating to certain records a pawnbroker shall keep, so as to provide
that pawnbroker's record of a loan transaction must include the manufacturer's
name and the make, model number, and serial number for all goods, articles , or
things pawned, pledged, or purchased, and to require a pawnbroker to give a
record of all goods, articles , or things pawned or pledged to certain law
enforcement agencies on a monthly basis; and to amend Section 40-39-140, as
amended, relating to a pawnbroker's acceptance of property owned by a third
party, so as to require pawnbrokers not to accept equipment when the serial
number has been removed from the equipment and to provide a penalty for a
violation of this provision.
03/06/96 House Introduced and read first time HJ-21
03/06/96 House Referred to Committee on Labor, Commerce and
Industry HJ-22
A BILL
TO AMEND SECTION 40-39-70, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN
RECORDS A PAWNBROKER SHALL KEEP, SO AS TO
PROVIDE THAT A PAWNBROKER'S RECORD OF A LOAN
TRANSACTION MUST INCLUDE THE MANUFACTURER'S
NAME AND THE MAKE, MODEL NUMBER, AND SERIAL
NUMBER FOR ALL GOODS, ARTICLES , OR THINGS
PAWNED, PLEDGED, OR PURCHASED, AND TO REQUIRE A
PAWNBROKER TO GIVE A RECORD OF ALL GOODS,
ARTICLES , OR THINGS PAWNED OR PLEDGED TO
CERTAIN LAW ENFORCEMENT AGENCIES ON A MONTHLY
BASIS; AND TO AMEND SECTION 40-39-140, AS AMENDED,
RELATING TO A PAWNBROKER'S ACCEPTANCE OF
PROPERTY OWNED BY A THIRD PARTY, SO AS TO
REQUIRE PAWNBROKERS NOT TO ACCEPT EQUIPMENT
WHEN THE SERIAL NUMBER HAS BEEN REMOVED FROM
THE EQUIPMENT AND TO PROVIDE A PENALTY FOR A
VIOLATION OF THIS PROVISION.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 40-39-70 of the 1976 Code, as last
amended by Act 491 of 1988, is further amended to read:
"Section 40-39-70. (A) Every
A pawnbroker shall keep a record, at the time of any loan,
containing an account and description to include the
manufacturer's name and the make, model number, and serial
number of the goods, articles , or things pawned, pledged, or
purchased, the amount of money loaned thereon, the time of
pledging them, the charges, or the rate of interest to be paid on the
loan, and the name and residence of the person pawning or pledging
the goods, articles , or things.
(B) A pawnbroker shall give a record of all goods, articles ,
or things pawned or pledged to each law enforcement agency in the
county in which his business is located on a monthly basis. The
manufacturer's name and the make, model number, and serial
number of all goods, articles, or things pawned or pledged shall be
included in this record."
SECTION 2. Section 40-39-140 of the 1976 Code, as last
amended by Act 491 of 1988, is further amended to read:
"Section 40-39-140. (A) No A
pawnbroker shall not accept property from a pledgor upon
which there is evidence of ownership by a third party without first
taking reasonable steps to ascertain its true ownership. Any
such An item accepted for pawn by a pawnbroker must
be returned on demand without fee to the third party owner.
(B) A pawnbroker shall not accept equipment from a
pledgor when the serial number has been removed from the
equipment. A pawnbroker who violates this provision, upon
conviction, shall pay a fine of not less than five thousand
dollars."
SECTION 3. This act takes effect upon approval by the
Governor.
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