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Current Status Bill Number:View additional legislative information at the LPITS web site.944 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20000111 Primary Sponsor:Elliott All Sponsors:Elliott, Reese, Rankin Drafted Document Number:l:\s-res\de\002chec.jh.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Checks, fraudulent; holding provisions; Banks and Savings and Loan Associations History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20000119 Co-Sponsor added by Senator Reese Rankin Senate 20000111 Introduced, read first time, 11 SJ referred to Committee Senate 19991019 Prefiled, referred to Committee 11 SJ Versions of This Bill
TO AMEND SECTION 34-11-60 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND UTTERING FRAUDULENT CHECKS, SO AS TO CHANGE FROM TEN TO TWENTY THE NUMBER OF CALENDAR DAYS AN INDIVIDUAL MAY HOLD A CHECK PRIOR TO CASHING WITH THE DRAWER REMAINING LIABLE FOR UTTERING A FRAUDULENT CHECK IF SUFFICIENT FUNDS ARE NOT ON DEPOSIT WITH THE BANK OF THE DRAWER.
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 87 of 1999, 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 a hotel, motel, or other hostelry by means of a check, draft, or other written order before or upon departure or checkout from the hostelry is obtaining those goods or services by means of a check, draft, or other written order for the purposes of this section. This section applies to a check given in full or partial payment of any preexisting debt. This section does not apply to the giving of a check, draft, or other written order if 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 twenty 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.
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