H*3294 Session 104 (1981-1982)
H*3294(Rat #0561, Act #0451 of 1982) General Bill, By
House Labor, Commerce and Industry
A Bill to amend Section 27-17-310, Code of Laws of South Carolina, 1976,
relating to bank service charges, so as to change the amount which may be
charged on accounts determined to be inactive for a period of twelve months
and provide that the charges may not be placed against an account until notice
of the charges is acknowledged in writing by the owner or the notice of the
charges is sent to the owner at the address indicated on the bank's records
and at the owner's last known address; and to amend Section 27-17-30, relating
to the presumed abandonment of property held or owing by a banking or
financial organization or by a business association, so as to shorten from
twelve to seven years the period in which inactivity by the owner shall result
in the presumed abandonment of any demand, savings, or matured time deposit
made in this State with a banking organization, together with any interest or
dividend which has accrued thereon, excluding any charges that may lawfully be
withheld, or any funds paid in this State toward the purchase of shares or
other interest in a financial organization or any deposit made therewith in
this State, and any interest or dividend which has accrued thereon, excluding
any charges that may lawfully be withheld.-at
01/12/82 House Introduced, read first time, placed on calendar
without reference HJ-106
01/19/82 House Debate adjourned HJ-231
01/20/82 House Debate adjourned HJ-261
01/21/82 House Read second time HJ-311
01/26/82 House Read third time and sent to Senate HJ-342
01/27/82 Senate Introduced and read first time SJ-12
01/27/82 Senate Referred to Committee on Banking and Insurance SJ-12
04/28/82 Senate Committee report: Favorable with amendment
Banking and Insurance SJ-24
05/31/82 Senate Read second time SJ-43
05/31/82 Senate Ordered to third reading with notice of
amendments SJ-43
06/01/82 Senate Amended SJ-15
06/01/82 Senate Read third time SJ-17
06/01/82 Senate Returned SJ-17
06/02/82 House Concurred in Senate amendment and enrolled HJ-3777
06/03/82 House Ratified R 561 HJ-3945
06/09/82 Signed By Governor
06/09/82 Effective date 06/09/82
06/09/82 Act No. 451
06/18/82 Copies available
(A451, R561, H3294)
AN ACT TO AMEND SECTION 27-17-310, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO BANK SERVICE CHARGES, SO AS TO CHANGE THE AMOUNT WHICH MAY BE CHARGED
ON ACCOUNTS DETERMINED TO BE INACTIVE FOR A PERIOD OF TWELVE MONTHS AND PROVIDE
THAT THE CHARGES MAY NOT BE PLACED AGAINST AN ACCOUNT UNTIL NOTICE OF THE CHARGES
IS ACKNOWLEDGED IN WRITING BY THE OWNER OR THE NOTICE OF THE CHARGES IS SENT TO
THE OWNER AT THE ADDRESS INDICATED ON THE BANK'S RECORDS AND AT THE OWNER'S LAST
KNOWN ADDRESS; AND TO AMEND SECTION 27-17-30, RELATING TO THE PRESUMED
ABANDONMENT OF PROPERTY HELD OR OWING BY A BANKING OR FINANCIAL ORGANIZATION OR
BY A BUSINESS ASSOCIATION, SO AS TO SHORTEN FROM TWELVE TO SEVEN YEARS THE PERIOD
IN WHICH INACTIVITY BY THE OWNER SHALL RESULT IN THE PRESUMED ABANDONMENT OF ANY
DEMAND, SAVINGS, OR MATURED TIME DEPOSIT MADE IN THIS STATE WITH A BANKING
ORGANIZATION, TOGETHER WITH ANY INTEREST OR DIVIDEND WHICH HAS ACCRUED THEREON,
EXCLUDING ANY CHARGES THAT MAY LAWFULLY BE WITHHELD, OR ANY FUNDS PAID IN THIS
STATE TOWARD THE PURCHASE OF SHARES OR OTHER INTEREST IN A FINANCIAL ORGANIZATION
OR ANY DEPOSIT MADE THEREWITH IN THIS STATE, AND ANY INTEREST OR DIVIDEND WHICH
HAS ACCRUED THEREON, EXCLUDING ANY CHARGES THAT MAY LAWFULLY BE WITHHELD.
Be it enacted by the General Assembly of the State of South Carolina:
Service charges
Section 1. Section 27-17-310 of the 1976 Code is amended to read:
"Section 27-17-310. All service charges on accounts in banks must be
uniform within classes for all accounts, including those which would be deemed
inactive pursuant to this chapter. Service charges made on accounts which have
been determined to be inactive for a period of twelve months shall not exceed the
lesser of the following: (1) one dollar monthly; or (2) amount which would be
charged if the account were not determined to be inactive for a period of twelve
months. Provided, that these charges may not be placed against an account until
notice of the charges is acknowledged in writing by the account owner or the
notice of such charges is sent to the account owner at the address indicated on
the bank's records and at his last known address."
Property presumed abandoned
Section 2. Section 27-17-30 of the 1976 Code is amended by striking on lines
six and nineteen "twelve" and inserting "seven". The section
when amended shall read:
"Section 27-17-30. The following property held or owing by a banking
financial organization or by a business association is presumed abandoned:
(1) Any demand, savings, or matured time deposit made in this State with a
banking organization, together with any interest or dividend which has accrued
thereon, excluding any charges that may lawfully be withheld, unless the owner
has, within seven years:
(a) Increased or decreased the amount of the deposit, or presented the
passbook or other similar evidence if the deposit for the crediting of interest;
or
(b) Corresponded in writing with the banking organization concerning the
deposit; or
(c) Otherwise indicated an interest in the deposit as evidenced by memorandum
on file with the banking organization.
(2) Any funds paid in this State toward the purchase of shares or other
interest in a financial organization or any deposit made therewith in this State,
and any interest or dividend which has accrued thereon, excluding any charges
that may lawfully be withheld, unless the owner has within seven years:
(a) Increased or decreased the amount of the funds or deposit, or presented
an appropriate record for the crediting of interest or dividends; or
(b) Corresponded in writing with the financial organization concerning the
funds or deposit; or
(c) Otherwise indicated an interest in the funds or deposit as evidenced by
a memorandum on file with the financial organization.
(3) Any sum payable on checks certified in this State or on written instruments
issued in this State on which a banking or financial organization or business
association is directly liable, including, by way of illustration but not of
limitation, certificates of deposits, drafts, and travelers' checks, that has
been outstanding for more than fifteen years from the date it was payable on
demand, unless the owner has within fifteen years corresponded in writing with
the banking or financial organization or business association concerning it, or
otherwise indicated an interest as evidenced by a memorandum on file with the
banking or financial organization or business association."
Time effective
Section 3. This act shall take effect upon the approval by the Governor. |