GENERAL ASSEMBLY OF NORTH CAROLINA

1991 SESSION

 

 

CHAPTER 536

HOUSE BILL 1111

 

AN ACT TO REQUIRE PERSONS WHO ACCEPT USED GOODS ON CONSIGNMENT TO KEEP RECORDS OF THE CONSIGNED GOODS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Article 13 of Chapter 66 of the General Statutes is amended by adding a new section to read:

"§ 66-67.2.  Persons who sell used goods on consignment must keep certain records.

(a)       A person who is engaged in the business of selling used tangible personal property on consignment must keep a record of each piece of property consigned to that person for sale.  The record must contain all of the following information:

(1)       A description of the property, including any model or serial number of the property.

(2)       The name, residence address, telephone number, and drivers license number or other identifying number of the owner of the property.

(3)       The date the property was consigned.

(4)       The owner's stated value of the property.

(b)       The consignee shall provide the owner with a copy of the record required by subsection (a) of this section.

(c)       A person who fails to keep the records required by this section is guilty of a misdemeanor punishable by imprisonment for up to six months, a fine of up to five hundred dollars ($500.00), or both.  A law enforcement agency may examine the records required to be kept under this section during business hours.

(d)       This section does not apply to a motor vehicle.

(e)       This section does not apply to any nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3))."

Sec. 2.  This act becomes effective October 1, 1991, and applies to property consigned on or after that date.

In the General Assembly read three times and ratified this the 3rd day of July, 1991.

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James C. Gardner

President of the Senate

 

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Daniel Blue, Jr.

Speaker of the House of Representatives