2001-2002 Bill 3721: Consumer finance companies, loans ...



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:

Body Date Action Description Com Leg Involved

______ ________ _______________________________________ _______ ____________

------ 20010611 Act No. A44

------ 20010529 Signed by Governor

------ 20010523 Ratified R85

Senate 20010514 Read third time, enrolled for

ratification

Senate 20010509 Read second time

Senate 20010508 Polled out of Committee: Favorable 02 SBI

Senate 20010426 Introduced, read first time, 02 SBI

referred to Committee

House 20010426 Read third time, sent to Senate

House 20010425 Amended, read second time

House 20010425 Request for debate withdrawn

by Representative Cato

Fleming

A. Young

Mack

Chellis

Coleman

Davenport

Bales

Phillips

F.N. Smith

J. Hines

Hosey

House 20010419 Request for debate by Representative Phillips

Sheheen

Davenport

F.N. Smith

Mack

Hosey

J. Hines

Fleming

Coleman

Bales

A. Young

Cato

Chellis

House 20010419 Co-Sponsor added (Rule 5.2) by Rep. Barfield

House 20010418 Debate adjourned until

Thursday, 20010419

House 20010411 Committee report: Favorable with 26 HLCI

amendment

House 20010329 Co-Sponsor added (Rule 5.2) by Rep. Hinson

House 20010320 Co-Sponsor removed (Rule 5.2) by Rep. Jennings

House 20010315 Introduced, 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 34-29-140, 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

SECTION 1. Section 34-29-140(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 37-1-301(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

SECTION 2. 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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