SC H3301 | 2009-2010 | 118th General Assembly
Status
Completed Legislative Action
Spectrum: Moderate Partisan Bill (Republican 53-17)
Status: Passed on June 24 2009 - 100% progression
Action: 2009-06-24 - Act No. 78
Spectrum: Moderate Partisan Bill (Republican 53-17)
Status: Passed on June 24 2009 - 100% progression
Action: 2009-06-24 - Act No. 78
Summary
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-39-175 SO AS TO REQUIRE THE CONSUMER FINANCE DIVISION OF THE BOARD OF FINANCIAL INSTITUTIONS TO IMPLEMENT A REAL-TIME INTERNET ACCESSIBLE DATABASE FOR DEFERRED PRESENTMENT PROVIDERS TO VERIFY IF DEFERRED PRESENTMENT TRANSACTIONS ARE OUTSTANDING FOR A PARTICULAR PERSON; BY ADDING SECTION 34-39-270 SO AS TO PROHIBIT A DEFERRED PRESENTMENT PROVIDER FROM ENTERING INTO A DEFERRED PRESENTMENT TRANSACTION WITH A PERSON WHO HAS AN OUTSTANDING DEFERRED PRESENTMENT TRANSACTION OR WHO HAS ENTERED INTO AN EXTENDED PAYMENT PLAN AGREEMENT AND TO REQUIRE A DEFERRED PRESENTMENT PROVIDER TO VERIFY WHETHER AN INDIVIDUAL IS ELIGIBLE TO ENTER INTO A DEFERRED PRESENTMENT TRANSACTION; BY ADDING SECTION 34-39-280 SO AS TO ALLOW A DEFERRED PRESENTMENT TRANSACTION CUSTOMER WHO IS UNABLE TO REPAY A TRANSACTION WHEN DUE TO ENTER ONE EXTENDED PAYMENT PLAN DURING A TWELVE MONTH PERIOD; TO AMEND SECTION 34-39-130, RELATING TO LICENSURE REQUIREMENTS FOR DEFERRED PRESENTMENT PROVIDERS, SO AS TO PROHIBIT A PERSON FROM ENGAGING IN THE BUSINESS OF DEFERRED PRESENTMENT SERVICES WITH A RESIDENT OF SOUTH CAROLINA EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 39, TITLE 34; TO AMEND SECTION 34-39-180, RELATING TO DEFERRED PRESENTMENT RESTRICTIONS AND REQUIREMENTS, SO AS TO PROVIDE THAT THE TOTAL AMOUNT ADVANCED TO A CUSTOMER FOR DEFERRED PRESENTMENT OR DEPOSIT, EXCLUSIVE OF PERMISSIBLE FEES, MAY NOT EXCEED FIVE HUNDRED DOLLARS; TO AMEND SECTION 24-39-150, RELATING TO THE APPLICATION FOR LICENSURE, SO AS TO INCREASE THE APPLICATION AND RENEWAL FEES AND TO DESIGNATE THE RECIPIENTS AND PERMITTED USES OF RENEWAL FEE COLLECTIONS; BY ADDING SECTION 34-39-290 SO AS TO REQUIRE THE BOARD OF FINANCIAL ADVISORS TO SUBMIT AN ANNUAL REPORT TO THE GENERAL ASSEMBLY DETAILING CERTAIN DEFERRED PRESENTMENT TRANSACTION DATA PROVIDED BY THE DATABASE VENDOR; TO AMEND SECTION 34-39-200, RELATING TO LIMITATIONS ON ACTIVITIES BY PERSONS REQUIRED TO BE LICENSED, SO AS TO IDENTIFY CERTAIN LIMITED EXCEPTIONS; TO AMEND SECTION 34-39-180, RELATING TO DEFERRED PRESENTMENT RESTRICTIONS AND REQUIREMENTS, SO AS TO PROVIDE THAT A LICENSEE SHALL NOT CHARGE A FEE IN EXCESS OF FIFTEEN PERCENT OF THE PRINCIPAL AMOUNT OF THE TRANSACTION FOR ACCEPTING A CHECK FOR DEFERRED PRESENTMENT OR DEPOSIT; AND TO AMEND SECTION 34-39-180, RELATING TO DEFERRED PRESENTMENT RESTRICTIONS AND REQUIREMENTS, SO AS TO IDENTIFY A LICENSEE'S CIVIL REMEDIES IF A CHECK IS RETURNED DUE TO INSUFFICIENT FUNDS, CLOSED ACCOUNT, OR STOP PAYMENT ORDER. - ratified title
Title
Identify A Licensee's Civil Remedies If A Check Is Returned Due To Insufficient Funds, Closed Account, Or Stop Payment Order. - Ratified Title
Sponsors
History
| Date | Chamber | Action |
|---|---|---|
| 2009-06-24 | Act No. 78 | |
| 2009-06-22 | Effective date See Act for Effective Date | |
| 2009-06-16 | Veto overridden Yeas-39 Nays-3 | |
| 2009-06-16 | Veto overridden by originating body Yeas-105 Nays-4 HJ-99 | |
| 2009-06-02 | Vetoed by Governor | |
| 2009-05-27 | Ratified R 98 | |
| 2009-05-21 | Motion to reconsider tabled HJ-116 | |
| 2009-05-21 | Roll call Yeas-102 Nays-6 HJ-113 | |
| 2009-05-21 | Concurred in Senate amendment and enrolled HJ-113 | |
| 2009-05-21 | Read third time and returned to House with amendments SJ-115 | |
| 2009-05-21 | Committee Amendment Amended and Adopted SJ-115 | |
| 2009-05-14 | Read second time SJ-57 | |
| 2009-05-12 | Debate interrupted SJ-41 | |
| 2009-05-06 | Debate interrupted SJ-23 | |
| 2009-05-06 | Committee Amendment Amended SJ-23 | |
| 2009-05-05 | Debate interrupted SJ-23 | |
| 2009-04-14 | Special order, set for April 14, 2009 SJ-59 | |
| 2009-04-02 | Scrivener's error corrected | |
| 2009-04-01 | Committee report: Favorable with amendment Banking and Insurance SJ-15 | |
| 2009-02-12 | Scrivener's error corrected | |
| 2009-02-12 | Referred to Committee on Banking and Insurance SJ-9 | |
| 2009-02-12 | Introduced and read first time SJ-9 | |
| 2009-02-12 | Motion to reconsider tabled HJ-34 | |
| 2009-02-12 | Read third time and sent to Senate HJ-33 | |
| 2009-02-11 | Roll call Yeas-93 Nays-16 HJ-85 | |
| 2009-02-11 | Read second time HJ-85 | |
| 2009-02-11 | Amended HJ-43 | |
| 2009-02-05 | Scrivener's error corrected | |
| 2009-02-05 | Requests for debate-Rep(s). Cato, Allison, Skelton, R Brown, Littlejohn, Clemmons, Mack, Toole, Ballentine, Bingham, Sandifer, White, Merrill, Brady, Hodges, Funderburk, Gambrell, Agnew, Ott, Forrester, Parker, Miller, and Branham HJ-23 | |
| 2009-02-05 | Objection by Rep. Cobb-Hunter, Clyburn, Jefferson, King, Hart, Gunn, JH Neal, Weeks, and Williams HJ-23 | |
| 2009-02-04 | Committee report: Favorable with amendment Labor, Commerce and Industry HJ-2 | |
| 2009-01-15 | Referred to Committee on Labor, Commerce and Industry HJ-439 | |
| 2009-01-15 | Introduced and read first time HJ-438 |
Same As/Similar To
S0279 (Similar To) 2009-01-15 - Referred to Committee on Banking and Insurance SJ-6
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 24 | 39 | 150 | (n/a) | See Bill Text |
| 34 | 39 | 130 | (n/a) | See Bill Text |
| 34 | 39 | 175 | (n/a) | See Bill Text |
| 34 | 39 | 180 | (n/a) | See Bill Text |
| 34 | 39 | 200 | (n/a) | See Bill Text |
| 34 | 39 | 270 | (n/a) | See Bill Text |
| 34 | 39 | 280 | (n/a) | See Bill Text |
| 34 | 39 | 290 | (n/a) | See Bill Text |
South Carolina State Sources
| Type | Source |
|---|---|
| Summary | https://www.scstatehouse.gov/cgi-bin/web_bh10.exe?bill1=3301&session=118 |
