H*4688(Rat #0364, Act #0002 of 2005)  General Bill, By Davenport, Martin, 
Altman, Bailey, Barfield, Branham, Cato, Clark, Clyburn, Coates, J. Hines, 
M. Hines, Kirsh, Moody-Lawrence, Rivers, Scarborough, Sinclair, Snow, Stille and 
Tripp
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 39-1-55 SO AS TO PROVIDE THAT A PERSON SHALL NOT ISSUE OR SELL A GIFT
 CERTIFICATE WHICH PROVIDES THAT THE CERTIFICATE EXPIRES BEFORE THE FIRST
 ANNIVERSARY OF THE DATE ON WHICH THE CERTIFICATE IS ISSUED OR SOLD, TO PROVIDE
 EXCEPTIONS, AND TO PROVIDE THAT A CONDITION RELATING TO THE USE OF A GIFT
 CERTIFICATE MUST BE STATED CLEARLY ON THE CERTIFICATE, ENVELOPE, COVERING, OR
 RECEIPT, IF THE CONDITION PROVIDES THAT THE CERTIFICATE DECREASES IN VALUE
 OVER A PERIOD OF TIME OR THAT A FEE IS CHARGED AGAINST THE BALANCE OF THE
 CERTIFICATE AFTER A CERTAIN PERIOD OF TIME. - ratified title

   02/03/04  House  Introduced and read first time HJ-39
   02/03/04  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-40
   03/25/04  House  Committee report: Favorable Labor, Commerce and
                     Industry HJ-3
   03/31/04  House  Amended HJ-16
   03/31/04  House  Read second time HJ-17
   04/01/04  House  Read third time and sent to Senate HJ-22
   04/01/04  Senate Introduced and read first time SJ-9
   04/01/04  Senate Referred to Committee on Judiciary SJ-9
   04/01/04         Scrivener's error corrected
   05/12/04  Senate Committee report: Favorable with amendment
                     Judiciary SJ-20
   05/13/04  Senate Amended SJ-19
   05/13/04  Senate Read second time SJ-19
   05/13/04  Senate Ordered to third reading with notice of
                     amendments SJ-19
   05/18/04  Senate Read third time and returned to House with
                     amendments SJ-20
   05/25/04  House  Concurred in Senate amendment and enrolled HJ-42
   06/02/04         Ratified R 364
   11/04/04         Signed By Governor
   11/09/04         Copies available
   11/09/04         Effective date 07/01/04
   02/16/05         Act No. 2

(A2, R364, H4688 of 2004)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-55 SO AS TO PROVIDE THAT A PERSON SHALL NOT ISSUE OR SELL A GIFT CERTIFICATE WHICH PROVIDES THAT THE CERTIFICATE EXPIRES BEFORE THE FIRST ANNIVERSARY OF THE DATE ON WHICH THE CERTIFICATE IS ISSUED OR SOLD, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT A CONDITION RELATING TO THE USE OF A GIFT CERTIFICATE MUST BE STATED CLEARLY ON THE CERTIFICATE, ENVELOPE, COVERING, OR RECEIPT, IF THE CONDITION PROVIDES THAT THE CERTIFICATE DECREASES IN VALUE OVER A PERIOD OF TIME OR THAT A FEE IS CHARGED AGAINST THE BALANCE OF THE CERTIFICATE AFTER A CERTAIN PERIOD OF TIME.

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

Gift certificates

SECTION    1.    Chapter 1 of Title 39 of the 1976 Code is amended by adding:

"Section 39-1-55.    (A)    As used in this section, 'gift certificate' means a certificate that is issued or sold by a person engaged in the business of offering goods or services for sale at retail and that entitles a recipient of the certificate to the delivery of goods or services from the person who issued or sold the certificate. This term includes a gift card used for the same purpose as a gift certificate.

(B)    A person shall not issue or sell a gift certificate which provides that the certificate expires before the first anniversary of the date on which the certificate is issued or sold. However, a person may issue or sell a gift certificate which provides for an expiration date before the first anniversary of the date on which the certificate is issued or sold as long as the expiration date is on the front of the gift certificate in capitalized letters in at least ten-point font. A gift certificate that contains an expiration date which does not conform to this subsection expires on the first anniversary of the date on which the certificate is issued or sold.

(C)    A condition relating to the use of a gift certificate must be stated clearly on the certificate, the envelope, or covering of the certificate, or the receipt given to the purchaser of the certificate, if the condition provides that the certificate decreases in value over a period of time or that a fee is charged against the balance of the certificate after a certain period of time.

A gift certificate that does not state clearly a condition described by this subsection may be redeemed at any time for the original value of the certificate, less any amount charged against the balance of the certificate by the consumer.

(D)    This section applies only to a gift certificate issued or sold on or after the effective date of this section."

Time effective

SECTION    2.    This act takes effect July 1, 2004.

Ratified the 2nd day of June, 2004.

Approved the 4th day of November, 2004.