South Carolina General Assembly
112th Session, 1997-1998

Bill 3549


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       3549
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970227
Primary Sponsor:                   Boan 
All Sponsors:                      Boan 
Drafted Document Number:           dka\4104mm.97
Companion Bill Number:             441
Residing Body:                     Senate
Current Committee:                 Banking and Insurance Committee
                                   02 SBI
Subject:                           Property taxes, fraudulent
                                   check in payment of, alternative
                                   collection procedure; Taxation,
                                   Banks and Savings and Loans



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
Senate  19970513  Introduced, read first time,             02 SBI
                  referred to Committee
House   19970509  Read third time, sent to Senate
House   19970508  Read second time, unanimous
                  consent for third reading on
                  Friday, 19970508
House   19970507  Committee report: Favorable              25 HJ
House   19970227  Introduced, read first time,             25 HJ
                  referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

May 7, 1997

H. 3549

Introduced by Rep. Boan

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

Read the first time February 27, 1997.

THE COMMITTEE ON JUDICIARY

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

REPORT:

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

DOUG SMITH, for Committee.

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.

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.

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