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A2 of 2005, R364, H4688
Sponsors: Reps. Davenport, Martin, Altman, Bailey, Barfield, Branham, Cato, Clark, Clyburn, Coates, J. Hines, M. Hines, Kirsh, Moody-Lawrence, Rivers, Scarborough, Sinclair, Snow, Stille and Tripp
Document Path: l:\council\bills\gjk\20910sd04.doc
Introduced in the House on February 3, 2004
Introduced in the Senate on April 1, 2004
Last Amended on May 13, 2004
Passed by the General Assembly on May 25, 2004
Governor's Action: November 4, 2004, Signed
Summary: Gift certificates, provisions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/3/2004 House Introduced and read first time HJ-39 2/3/2004 House Referred to Committee on Labor, Commerce and Industry HJ-40 3/25/2004 House Committee report: Favorable Labor, Commerce and Industry HJ-3 3/31/2004 House Amended HJ-16 3/31/2004 House Read second time HJ-17 4/1/2004 House Read third time and sent to Senate HJ-22 4/1/2004 Senate Introduced and read first time SJ-9 4/1/2004 Senate Referred to Committee on Judiciary SJ-9 4/1/2004 Scrivener's error corrected 5/12/2004 Senate Committee report: Favorable with amendment Judiciary SJ-20 5/13/2004 Senate Amended SJ-19 5/13/2004 Senate Read second time SJ-19 5/13/2004 Senate Ordered to third reading with notice of amendments SJ-19 5/18/2004 Senate Read third time and returned to House with amendments SJ-20 5/25/2004 House Concurred in Senate amendment and enrolled HJ-42 6/2/2004 Ratified R 364 11/4/2004 Signed By Governor 11/9/2004 Copies available 11/9/2004 Effective date 07/01/04 2/16/2005 Act No. 2
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VERSIONS OF THIS BILL
(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:
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."
SECTION 2. This act takes effect July 1, 2004.
Ratified the 2nd day of June, 2004.
Approved the 4th day of November, 2004.
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