1989-1990 Bill 3259: Relating to the duties of public weighmasters

South Carolina General Assembly
108th Session, 1989-1990

Bill 3259

                    Current Status

Bill Number:               3259
Ratification Number:       125
Act Number                 76
Introducing Body:          House
Subject:                   Relating to the duties of public
                           weighmasters

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A76, R125, H3259)

AN ACT TO AMEND SECTIONS 39-11-100, 39-11-130, AND 39-11-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF PUBLIC WEIGHMASTERS, SO AS TO PROVIDE THAT A WEIGHMASTER STAMP IS REQUIRED ONLY AT A CUSTOMER'S REQUEST, TO DELETE THE AUTHORITY OF THE COMMISSIONER OF AGRICULTURE TO FORFEIT A WEIGHMASTER'S BOND, AND TO PROVIDE ADDITIONAL REMEDIES FOR THE COMMISSIONER IN REGULATING WEIGHMASTERS, INCLUDING INJUNCTIONS AND CIVIL PENALTIES FOR VIOLATIONS; TO ADD SECTION 39-41-260 SO AS TO PROVIDE THAT PETROLEUM PRODUCTS MAY BE STORED ABOVE GROUND AND THE STATE FIRE COMMISSION SHALL PROMULGATE REGULATIONS RELATIVE TO PETROLEUM PRODUCT STORAGE; AND TO REPEAL SECTION 39-11-70 RELATING TO THE BOND OF PUBLIC WEIGHMASTERS.

Be it enacted by the General Assembly of the State of South Carolina:

Weighmasters stamp

SECTION 1. Section 39-11-100 of the 1976 Code is amended to read:

"Section 39-11-100. Each public weighmaster shall obtain a public weighmaster stamp for stamping weight or measure certificates. The public weighmaster stamp is the property of the State and must be forfeited and returned to the Department of Agriculture upon termination of the performance of the duties as public weighmaster.

Each public weighmaster registered under this chapter shall obtain from the Commissioner of Agriculture the stamp as provided in this chapter, and pay for the stamp at actual cost to the State. The Commissioner of Agriculture shall prescribe the form and design of the weighmaster stamp.

Monies collected under this section must be deposited with the State Treasurer and expended for the purpose described in this section. All stamps issued to the public weighmasters must be paid for from this fund.

Stamps returned to the Commissioner of Agriculture must be defaced and destroyed or otherwise disposed of by the Department of Agriculture.

The public weighmaster stamp is a recognized authority of accuracy and the stamp must be applied to all weight or measure certificates at the time of issuance, if requested by the customer to whom the certificate is issued."

Return of weighmaster stamp

SECTION 2. Section 39-11-130 of the 1976 Code is amended to read:

"Section 39-11-130. The department may direct and compel the return of the state stamp where the public weighmaster is guilty of a violation of this chapter."

Penalties

SECTION 3. Section 39-11-170 of the 1976 Code is amended to read:

"Section 39-11-170. A person or weighmaster, who violates any of the provisions of this chapter or any regulations issued for the purpose of carrying out the intent of this chapter, is guilty of a misdemeanor and, upon conviction, must be fined or imprisoned as provided in Section 46-41-170(1).

In addition to the remedies provided in this chapter, the commissioner may apply for an injunction to the circuit court, and the circuit court has jurisdiction upon hearing and full cause showing to grant a temporary or permanent injunction, or both, restraining a person from violating or continuing to violate any of the provisions of this chapter, or any regulation, the injunction to be issued without bond.

The commissioner, by issuing his order, may place a public weighmaster who violates the provisions of this chapter or an unlicensed person found to have been acting as a public weighmaster on probation or levy a civil penalty of not more than one thousand dollars, or both. All monies received as civil penalties must be remitted to the general fund of the State. The levy of a civil penalty pursuant to this section may be appealed to the Court of Common Pleas for the county in which the violation occurred."

Petroleum products storage

SECTION 4. The 1976 Code is amended by adding:

"Section 39-41-260. Petroleum products may be stored above ground. The State Fire Commission shall promulgate regulations necessary to carry out the provisions of this section."

Repeal

SECTION 5. Section 39-11-70 of the 1976 Code is repealed.

Time effective

SECTION 6. This act takes effect upon approval by the Governor.