South Carolina House Bill 3048 (Prior Session Legislation)

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Spectrum: Bipartisan Bill
Status: Introduced on January 13 2009 - 25% progression, died in committee
Action: 2009-01-29 - Member(s) request name added as sponsor: Ballentine
Pending: House Labor, Commerce and Industry Committee

A BILL TO AMEND SECTION 34-39-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS IN CONNECTION WITH A PERSON ENGAGING IN THE BUSINESS OF DEFERRED PRESENTMENT SERVICES, SO AS TO PROHIBIT A NONRESIDENT FROM ENGAGING IN THOSE SERVICES IN THIS STATE WITHOUT A LICENSE AND TO FURTHER DIFFERENTIATE BETWEEN A PERSON REQUIRED TO BE LICENSED AND A BONA FIDE STATE OR FEDERALLY CHARTERED BANK, THRIFT, SAVINGS ASSOCIATION, OR CREDIT UNION; TO AMEND SECTION 34-39-180, RELATING TO RESTRICTIONS AND REQUIREMENTS FOR DEFERRED PRESENTMENT OR DEPOSIT OF A CHECK, SO AS TO CAP THE ANNUAL INTEREST RATE CHARGEABLE AT THIRTY-SIX PERCENT; TO AMEND SECTION 34-39-200, RELATING TO LIMITATIONS ON LICENSEES, SO AS TO LIMIT THE LICENSEE TO ONE CONTRACT WITH A CUSTOMER AT A TIME; AND TO AMEND SECTION 34-39-230, RELATING TO CIVIL PENALTIES FOR VIOLATIONS, SO AS TO VOID A VIOLATING CONTRACT, PROVIDE FOR DAMAGES, MAKE A VIOLATION AN UNFAIR TRADE PRACTICE, MAKE THE PENALTIES IN THIS CHAPTER CUMULATIVE OF ALL REMEDIES, BOTH LEGAL AND EQUITABLE, PROHIBIT THE ENFORCEMENT OF AN UNCONSCIONABLE ARBITRATION PROVISION, AND OUTLINE FACTORS FOR DETERMINING UNCONSCIONABILITY.

Void A Violating Contract, Provide For Damages, Make A Violation An Unfair Trade Practice, Make The Penalties In This Chapter Cumulative Of All Remedies, Both Legal And Equitable, Prohibit The Enforcement Of An Unconscionable Arbitration Provision, And Outline Factors For Determining Unconscionability.

Rep. Paul Agnew [D]

Rep. Nathan Ballentine [R]

Rep. Alan Clemmons [R]

Rep. Anton Gunn [D]

Date	Chamber	Action
2009-01-29		Member(s) request name added as sponsor: Ballentine
2009-01-13		Referred to Committee on Labor, Commerce and Industry HJ-33
2009-01-13		Introduced and read first time HJ-33
2008-12-09		Referred to Committee on Labor, Commerce and Industry
2008-12-09		Prefiled

Chapter	Article	Section	Citation Type	Statute Text
34	39	130	(n/a)	See Bill Text
34	39	180	(n/a)	See Bill Text
34	39	200	(n/a)	See Bill Text
34	39	230	(n/a)	See Bill Text

Type	Source
Summary	https://www.scstatehouse.gov/cgi-bin/web_bh10.exe?bill1=3048&session=118