BIL:3721
RTN:85
ACN:44
TYP:General Bill GB
INB:House
IND:20010315
PSP:Cato
SPO:Cato, J.E.Smith, Chellis, Knotts, Cooper, Bales, Hayes, Harvin, Tripp, Leach, Ott, Whatley, Edge, Hinson, Barfield
DDN:l:\council\bills\dka\4080mm01.doc
DPB:20010514
LAD:20010425
GOV:S
DGA:20010529
SUB:Consumer finance companies, loans, transactions; minimum delinquency charges; Consumer Affairs, Banks
HST:
BodyDateAction DescriptionComLeg Involved
______
------20010611Act No. A44
------20010529Signed by Governor
------20010523Ratified R85
Senate20010514Read third time, enrolled for
ratification
Senate20010509Read second time
Senate20010508Polled out of Committee: Favorable02 SBI
Senate20010426Introduced, read first time,02 SBI
referred to Committee
House20010426Read third time, sent to Senate
House20010425Amended, read second time
House20010425Request for debate withdrawn
by RepresentativeCato
Fleming
A. Young
Mack
Chellis
Coleman
Davenport
Bales
Phillips
F.N. Smith
J. Hines
Hosey
House20010419Request for debate by RepresentativePhillips
Sheheen
Davenport
F.N. Smith
Mack
Hosey
J. Hines
Fleming
Coleman
Bales
A. Young
Cato
Chellis
House20010419Co-Sponsor added (Rule 5.2) by Rep.Barfield
House20010418Debate adjourned until
Thursday, 20010419
House20010411Committee report: Favorable with26 HLCI
amendment
House20010329Co-Sponsor added (Rule 5.2) by Rep.Hinson
House20010320Co-Sponsor removed (Rule 5.2) by Rep.Jennings
House20010315Introduced, read first time,26 HLCI
referred to Committee
Versions of This Bill
Revised on 20010411
Revised on 20010425
Revised on 20010508
TXT:
(A44, R85, H3721)
AN ACT TO AMEND SECTION 3429140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER FINANCING IN CONNECTION WITH LICENSING OF CONSUMER FINANCE COMPANIES, SO AS TO ALLOW A LICENSEE TO CHARGE A MINIMUM DELINQUENCY CHARGE OF FIVE DOLLARS ON AN UNPAID INSTALLMENT AFTER TEN DAYS AND TO ADD A MAINTENANCE FEE OF TWO DOLLARS A MONTH TO THE GROSS AMOUNT OF THE PROMISSORY NOTE, IF THAT FEE IS REFUNDED PRO RATA UPON PREPAYMENT OF THE NOTE.
Be it enacted by the General Assembly of the State of South Carolina:
Delinquency charge and maintenance fee
SECTION1.Section 3429140(e) and (i) of the 1976 Code are amended to read:
“(e)Delinquent charge; penalties for excessive charges. In addition to the charges and fees provided for by this chapter, no further or other amount may be charged, contracted for, or received, directly or indirectly, except that a licensee, if agreed to in writing, may contract for, impose, and collect a delinquent charge of five cents for each full dollar of an installment that is delinquent for ten or more days. The charge may be imposed only once on each delinquent installment and, if a portion of an installment is delinquent, the delinquent charge may be imposed only once on that portion of the installment that is delinquent. A lender may contract for and receive a minimum delinquency charge of five dollars, even if the charge exceeds five percent of the unpaid amount of the installment. The restriction does not apply to official fees as defined in Section 371301(17) or actual and reasonable attorney fees as determined by the court in which suit is filed and court costs incurred in the collection or to the actual and reasonable expenses of repossession, storing, and selling of property pledged as security on a contract in default, or insurance premiums or identifiable charges authorized by this chapter. If an amount in excess of the charges permitted by this chapter is charged, contracted for, or received, except as the result of an accidental or bona fide error, the contract of loan is void, and the licensee has no right to collect or receive any principal, interest, charge, or recompense. The licensee and its several members, officers, directors, and agents who participated in the violation are guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred and not less than two hundred dollars or imprisoned not less than thirty days nor more than six months.
(i)In addition to all other charges authorized by this section, a licensee may charge and add to the gross note a maintenance fee of two dollars for each month for the term of the loan for each loan account. If the loan is prepaid, the maintenance fee must be refunded pro rata with the unexpired term of the loan and a part of a month must be treated like a full month.”
Time effective
SECTION2.This act takes effect upon approval by the Governor.
Ratified the 23rd day of May, 2001.
Approved the 29th day of May, 2001.
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