H*3262 Session 103 (1979-1980)
H*3262(Rat #0351, Act #0326 of 1980) General Bill, By
House Labor, Commerce and Industry
A Bill to amend Act 220 of 1979 relating to interest rates for certain
commercial agricultural loans, so as to allow the parties to such a loan to
contract for the rate of interest up to one percent more than the discount
rate on ninety-day commercial paper and provide certain exemptions; to amend
Sections 37-1-102, 37-1-202, as amended, 37-2-210, as amended, and 37-3-210,
Code of Laws of South Carolina, 1976, and Act 686 of 1976, all relating to the
Consumer Protection Code, so as to provide that the simplification,
clarification and modernization of usury be added to the purposes of the Code,
increase minimum prepayment charges from five dollars and seven dollars and
fifty cents for certain loans to fifteen dollars, provide that state-chartered
credit unions shall be subject to its provisions and provide charges for
nonconsumer loans; and to amend Section 34-27-70, relating to powers of
cooperative credit unions, so as to prohibit such credit unions from charging
rates of interest in excess of those authorized by law instead of at the rate
of one percent per month on unpaid loan balances.-at
01/08/80 House Introduced, read first time, placed on calendar
without reference HJ-52
01/10/80 House Debate adjourned HJ-211
01/15/80 House Debate adjourned HJ-246
01/16/80 House Debate adjourned HJ-276
01/17/80 House Debate adjourned HJ-317
01/22/80 House Read second time HJ-359
01/23/80 House Amended HJ-389
01/23/80 House Read third time and sent to Senate HJ-389
01/24/80 Senate Introduced and read first time SJ-11
01/24/80 Senate Referred to Committee on Banking and Insurance SJ-11
01/31/80 Senate Committee report: Favorable with amendment
Banking and Insurance SJ-11
02/07/80 Senate Read second time SJ-19
02/07/80 Senate Ordered to third reading with notice of
amendments SJ-19
02/14/80 Senate Amended SJ-13
02/14/80 Senate READ THIRD TIME SJ-13
02/14/80 Senate Returned SJ-13
02/19/80 House Debate adjourned HJ-1000
02/20/80 House Concurred in Senate amendment and enrolled HJ-1027
03/05/80 House Ratified R 351 HJ-1255
03/06/80 Signed By Governor
03/06/80 Effective date 03/06/80(S. 6 & 7 EFF. 90 DAYS LATER)
03/06/80 Act No. 326
03/14/80 Copies available
(A326, R351, H3262)
AN ACT TO AMEND ACT 220 OF 1979, RELATING TO INTEREST RATES FOR CERTAIN
COMMERCIAL AGRICULTURAL LOANS, SO AS TO ALLOW THE PARTIES TO SUCH A LOAN TO
CONTRACT FOR THE RATE OF INTEREST UP TO ONE PERCENT MORE THAN THE DISCOUNT
RATE ON NINETY-DAY COMMERCIAL PAPER AND PROVIDE CERTAIN EXEMPTIONS; TO AMEND
SECTIONS 37-1-102, 37-1-202, AS AMENDED, 37-2-210, AS AMENDED, AND 37-3-210,
CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ACT 686 OF 1976, ALL RELATING TO THE
CONSUMER PROTECTION CODE, SO AS TO PROVIDE THAT THE SIMPLIFICATION,
CLARIFICATION AND MODERNIZATION OF USURY BE ADDED TO THE PURPOSES OF THE CODE,
INCREASE MINIMUM PREPAYMENT CHARGES FROM FIVE DOLLARS AND SEVEN DOLLARS AND
FIFTY CENTS FOR CERTAIN LOANS TO FIFTEEN DOLLARS, PROVIDE THAT STATE CHARTERED
CREDIT UNIONS SHALL BE SUBJECT TO ITS PROVISIONS AND PROVIDE CHARGES FOR
NONCONSUMER LOANS; AND TO AMEND SECTION 34-27-70, RELATING TO POWERS OF
COOPERATIVE CREDIT UNIONS, SO AS TO PROHIBIT SUCH CREDIT UNIONS FROM CHARGING
RATES OF INTEREST IN EXCESS OF THOSE AUTHORIZED BY LAW INSTEAD OF AT THE RATE
OF ONE PERCENT PER MONTH ON UNPAID LOAN BALANCES.
Be it enacted by the General Assembly of the State of South Carolina:
Parties to loan may contract for rate of interest exceptions
Section 1. Section 1 of Act 220 of 1979 is amended to read:
"Section 1. The parties to a loan which is made for commercial
agricultural purposes and which does not exceed fifty thousand dollars may,
until and including June 30, 1981, contract for any rate of interest up to a
rate one percent more than that discount rate on ninety-day commercial paper
then in effect in the federal reserve district where the lender is to disburse
the loan proceeds to the borrower. The provisions of this act shall apply to
commercial agricultural loans covered by Public Law 96-161 not in excess of
fifty thousand dollars."
Purposes of Consumer Protection Code
Section 1A. Item (a) of subsection (2) of Section 37-1-102 of the 1976 Code
is amended to read:
"(a) To simplify, clarify and modernize the law governing retail
installment sales, consumer credit and usury ;".
Minimum credit charges
Section 2. Subsection (2) of Section 37-2-210 of the 1976 Code as last
amended by Section 13 of Act 686 of 1976, is further amended by striking
beginning on line four "$5 in a transaction which had an amount financed
of $75 or less, or not exceeding $7.50 in a transaction which had an amount
financed of more than $75" and inserting "fifteen dollars". The
subsection when amended shall read:
"(2) Upon prepayment of a consumer credit sale, whether or not
precomputed, except a consumer lease or one pursuant to a revolving charge
account, the creditor may collect or retain a minimum charge not exceeding
fifteen dollars, if the minimum charge was contracted for and the credit
service charge earned at the time of prepayment is less than the minimum
charge contracted for.".
Minimum credit charges--further
Section 3. Subsection (2) of Section 37-3-210 of the 1976 Code as added by
Section 1 of Act 686 of 1976, is amended by striking beginning on line four
"$5.00 in a transaction which had an amount financed of $75.00 or less,
or not exceeding $7.50 in a transaction which had an amount financed of more
than $75.00" and inserting "fifteen dollars". The subsection
when amended shall read:
"(2) Upon prepayment of a consumer loan, whether or not precomputed,
except a consumer lease or one pursuant to a revolving loan account, the
creditor may collect or retain a minimum charge not exceeding fifteen dollars,
if the minimum charge was contracted for and the loan finance charge earned at
the time of prepayment is less than the minimum charge contracted for."
Nonconsumer loans--exceptions
Section 4. Section 2 of Act 686 of 1976 is amended by striking Section 3.605
and reenacting to read:
"Section 3.605. With respect to a loan other than a consumer loan, the
parties may contract for the payment by the debtor of any finance or other
charge except such loans that are less than $50,000 or are primarily secured
by a first lien which is a purchase money security interest in land."
Provisions construed
Section 5. The provisions of Section 4 of this act shall not be construed to
amend or otherwise change the text of Section 3.605 of the South Carolina
Consumer Protection Code added by Act 686 of 1976.
Credit unions may lend and borrow money under certain conditions
Section 6. Section 34-27-70 of the 1976 Code is amended to read:
"Section 34-27-70. A cooperative credit union may receive the savings
of its members in payment for shares, may lend to its members at reasonable
rates of interest, not to exceed that rate authorized by law, or may invest,
as provided in this chapter, the funds so accumulated, and make loans of such
funds to its members, may borrow from banks, savings and loan associations,
building and loan associations, trust companies, or other credit unions, or
persons, and loan such money to its members, and may undertake such other
activities relating to the purposes of the association as its bylaws may
authorize provided that any credit union may loan money to any other credit
union at such rates as the parties to the loan may agree."
Exclusions
Section 7. Item (9) of Section 37-1-202 of the 1976 Code, as added by Act
686 of 1976, is amended to read:
"(10) federally chartered credit unions."
Time effective
Section 8. This act shall take effect upon approval by the Governor except
that Sections 6 and 7 shall not become effective until ninety days after such
approval. |