Current Status Bill Number:3118 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970114 Primary Sponsor:Kirsh All Sponsors:Kirsh Drafted Document Number:gjk\23094sd.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Fraudulent checks given in payment of preexisting debt, Banks and Savings and Loan Associations
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970114 Introduced, read first time, 25 HJ
referred to Committee
House 19970108 Prefiled, referred to Committee 25 HJ
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TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND UTTERING OF FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE THAT FRAUDULENT CHECK REMEDIES AND PROCEDURES APPLY TO ANY CHECK GIVEN IN FULL OR PARTIAL PAYMENT OF ANY PREEXISTING DEBT AND NOT JUST THOSE PREEXISTING DEBTS WHICH RESULTED FROM A REVOLVING CREDIT ACCOUNT WHICH IS NOT A CONSUMER CREDIT TRANSACTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 34-11-60(d) of the 1976 Code, as last amended by Act 235 of 1996, is further amended to read:
"(d) The word 'credit' as used in this section means securing further advances of money, goods, or services by means of a check, draft, or other written order, given in whole or in part payment of a then existing account. Payment for meals, lodging, or other goods or services at any hotel, motel, or other hostelry by means of a check, draft, or other written order at any time prior to or upon departure or checkout from the hostelry must be construed as obtaining those goods or services by means of such check, draft, or other written order for the purposes of this section. This section applies to any check given in full or partial payment of a preexisting debt. This section does not apply to any check given only in full or partial payment of a preexisting debt unless given to satisfy a preexisting debt which resulted from a revolving credit account which is not a consumer credit transaction as defined in Section 37-1-301(11), to the giving of any check, draft, or other written order where the payee knows, has been expressly notified, or has reason to believe that the drawer did not have an account or have on deposit with the drawee sufficient funds to ensure payment of the check, nor to any check which has not been deposited to an account of the payee within a period of ten days from the date the check was presented to the payee. It is also unlawful for any person to induce, solicit, or to aid and abet any other person to draw, make, utter, issue, or deliver to any person including himself any check, draft, or other written order on any bank or depository for the payment of money or its equivalent, being informed, knowing, or having reasonable cause for believing at the time of the inducing, soliciting, or the aiding and abetting that the maker or the drawer of the check, draft, or other written order has not sufficient funds on deposit in, or an account with, the bank or depository with which to pay the same upon presentation."
SECTION 2. This act takes effect upon approval by the Governor.