H 3549 General Bill, By Boan

Similar(S 441)
 A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO DRAWING AND UTTERING A FRAUDULENT CHECK, SO AS TO PROVIDE
 FOR CHECKS WRITTEN IN PAYMENT OF PRESENTLY OR PAST DUE LOCAL TAXES; AND TO
 AMEND ARTICLE 1, CHAPTER 49, TITLE 12, RELATING TO ENFORCED COLLECTION OF
 TAXES, BY ADDING SECTION 12-49-95 SO AS TO PROVIDE LOCAL GOVERNMENTS THE
 ALTERNATIVE COLLECTION PROCEDURE PROVIDED IN CHAPTER 11, TITLE 34 FOR
 FRAUDULENT CHECKS.

   02/27/97  House  Introduced and read first time HJ-5
   02/27/97  House  Referred to Committee on Judiciary HJ-5
   05/07/97  House  Committee report: Favorable Judiciary HJ-30
   05/08/97  House  Read second time HJ-30
   05/08/97  House  Unanimous consent for third reading on next
                     legislative day HJ-30
   05/09/97  House  Read third time and sent to Senate HJ-2
   05/13/97  Senate Introduced and read first time SJ-13
   05/13/97  Senate Referred to Committee on Banking and Insurance SJ-13

COMMITTEE REPORT

May 7, 1997

H. 3549

S. Printed 5/7/97--H.

Read the first time February 27, 1997.

To whom was referred a Bill (H. 3549), to amend Section 34-11-60, as amended, Code of Laws of South Carolina, 1976, relating to drawing and uttering a fraudulent check, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

DOUG SMITH, for Committee.

TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND UTTERING A FRAUDULENT CHECK, SO AS TO PROVIDE FOR CHECKS WRITTEN IN PAYMENT OF PRESENTLY OR PAST DUE LOCAL TAXES; AND TO AMEND ARTICLE 1, CHAPTER 49, TITLE 12, RELATING TO ENFORCED COLLECTION OF TAXES, BY ADDING SECTION 12-49-95 SO AS TO PROVIDE LOCAL GOVERNMENTS THE ALTERNATIVE COLLECTION PROCEDURE PROVIDED IN CHAPTER 11, TITLE 34 FOR FRAUDULENT CHECKS.

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

SECTION 1. Section 34-11-60(a) of the 1976 Code, as last amended by Act 112 of 1991, is further amended to read:

"(a) It is unlawful for a person, with intent to defraud, in his own name or in any other capacity, to draw, make, utter, issue, or deliver to another a check, draft, or other written order on a bank or depository for the payment of money or its equivalent, whether given to pay rent, make a payment on a lease, obtain money, services, credit, or property of any kind or nature whatever, or anything of value which includes an obligation or debt of state or local taxes which is past due or presently due, when at the time of drawing, making, uttering, issuing, or delivering the check or draft or other written order the maker or drawer does not have an account in the bank or depository or does not have sufficient funds on deposit with the bank or depository to pay the same on presentation, or if the check, draft, or other written order has an incorrect or insufficient signature on it to be paid upon presentation."

SECTION 2. Article 1, Chapter 49, Title 12 of the 1976 Code is amended by adding:

"Section 12-49-95. Local governments may use the collection procedures provided in Chapter 11, Title 34 for enforcing collection of a check, draft, or other written order to pay not paid by a drawee bank or depository under the circumstances described in that chapter:

(1) the maker or drawer does not have an account at the bank or depository;

(2) the maker or drawer does not have sufficient funds on deposit at the bank or depository; or

(3) the check, draft, or other written order to pay has an incorrect or insufficient signature."

SECTION 3. This act takes effect upon approval by the Governor.