South Carolina General Assembly
117th Session, 2007-2008

Download This Version in Microsoft Word format

Bill 1063

Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

March 4, 2008

S. 1063

Introduced by Senator Martin

S. Printed 3/4/08--S.    [SEC 3/5/08 11:48 AM]

Read the first time February 5, 2008.

            

THE COMMITTEE ON BANKING AND INSURANCE

To whom was referred a Bill (S. 1063) to amend Section 34-11-60(d) of the 1976 Code, relating to the drawing of a fraudulent check, to increase the time a payee has to deposit, etc., respectfully

REPORT:

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

DAVID L. THOMAS for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Board of Financial Institutions reports this bill will have no impact on the General Fund of the State or on federal and/or other funds.

Approved By:

Harry Bell

Office of State Budget

A BILL

TO AMEND SECTION 34-11-60(D) OF THE 1976 CODE, RELATING TO THE DRAWING OF A FRAUDULENT CHECK, TO INCREASE THE TIME A PAYEE HAS TO DEPOSIT A CHECK TO TWENTY-ONE DAYS SO THAT THE DRAWER OF THE CHECK MAY BE PROSECUTED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 34-11-60(d) of the 1976 Code is 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-one 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.

----XX----

This web page was last updated on Monday, June 22, 2009 at 2:24 P.M.