South Carolina General Assembly
115th Session, 2003-2004

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A2 of 2005, R364, H4688

STATUS INFORMATION

General Bill
Sponsors: Reps. Davenport, Martin, Altman, Bailey, Barfield, Branham, Cato, Clark, Clyburn, Coates, J. Hines, M. Hines, Kirsh, Moody-Lawrence, Rivers, Scarborough, Sinclair, Snow, Stille and Tripp
Document Path: l:\council\bills\gjk\20910sd04.doc

Introduced in the House on February 3, 2004
Introduced in the Senate on April 1, 2004
Last Amended on May 13, 2004
Passed by the General Assembly on May 25, 2004
Governor's Action: November 4, 2004, Signed

Summary: Gift certificates, provisions

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    2/3/2004  House   Introduced and read first time HJ-39
    2/3/2004  House   Referred to Committee on Labor, Commerce and Industry 
                        HJ-40
   3/25/2004  House   Committee report: Favorable Labor, Commerce and Industry 
                        HJ-3
   3/31/2004  House   Amended HJ-16
   3/31/2004  House   Read second time HJ-17
    4/1/2004  House   Read third time and sent to Senate HJ-22
    4/1/2004  Senate  Introduced and read first time SJ-9
    4/1/2004  Senate  Referred to Committee on Judiciary SJ-9
    4/1/2004          Scrivener's error corrected
   5/12/2004  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-20
   5/13/2004  Senate  Amended SJ-19
   5/13/2004  Senate  Read second time SJ-19
   5/13/2004  Senate  Ordered to third reading with notice of amendments SJ-19
   5/18/2004  Senate  Read third time and returned to House with amendments 
                        SJ-20
   5/25/2004  House   Concurred in Senate amendment and enrolled HJ-42
    6/2/2004          Ratified R 364
   11/4/2004          Signed By Governor
   11/9/2004          Copies available
   11/9/2004          Effective date 07/01/04
   2/16/2005          Act No. 2

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/3/2004
3/25/2004
3/31/2004
4/1/2004
5/12/2004
5/13/2004

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

(A2, R364, H4688 of 2004)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-55 SO AS TO PROVIDE THAT A PERSON SHALL NOT ISSUE OR SELL A GIFT CERTIFICATE WHICH PROVIDES THAT THE CERTIFICATE EXPIRES BEFORE THE FIRST ANNIVERSARY OF THE DATE ON WHICH THE CERTIFICATE IS ISSUED OR SOLD, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT A CONDITION RELATING TO THE USE OF A GIFT CERTIFICATE MUST BE STATED CLEARLY ON THE CERTIFICATE, ENVELOPE, COVERING, OR RECEIPT, IF THE CONDITION PROVIDES THAT THE CERTIFICATE DECREASES IN VALUE OVER A PERIOD OF TIME OR THAT A FEE IS CHARGED AGAINST THE BALANCE OF THE CERTIFICATE AFTER A CERTAIN PERIOD OF TIME.

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

Gift certificates

SECTION    1.    Chapter 1 of Title 39 of the 1976 Code is amended by adding:

"Section 39-1-55.    (A)    As used in this section, 'gift certificate' means a certificate that is issued or sold by a person engaged in the business of offering goods or services for sale at retail and that entitles a recipient of the certificate to the delivery of goods or services from the person who issued or sold the certificate. This term includes a gift card used for the same purpose as a gift certificate.

(B)    A person shall not issue or sell a gift certificate which provides that the certificate expires before the first anniversary of the date on which the certificate is issued or sold. However, a person may issue or sell a gift certificate which provides for an expiration date before the first anniversary of the date on which the certificate is issued or sold as long as the expiration date is on the front of the gift certificate in capitalized letters in at least ten-point font. A gift certificate that contains an expiration date which does not conform to this subsection expires on the first anniversary of the date on which the certificate is issued or sold.

(C)    A condition relating to the use of a gift certificate must be stated clearly on the certificate, the envelope, or covering of the certificate, or the receipt given to the purchaser of the certificate, if the condition provides that the certificate decreases in value over a period of time or that a fee is charged against the balance of the certificate after a certain period of time.

A gift certificate that does not state clearly a condition described by this subsection may be redeemed at any time for the original value of the certificate, less any amount charged against the balance of the certificate by the consumer.

(D)    This section applies only to a gift certificate issued or sold on or after the effective date of this section."

Time effective

SECTION    2.    This act takes effect July 1, 2004.

Ratified the 2nd day of June, 2004.

Approved the 4th day of November, 2004.

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