South Carolina General Assembly

120th Session, 2013-2014

H. 4474

STATUS INFORMATION

General Bill

Sponsors: Rep. J.E.Smith

Document Path: l:\council\bills\nl\13361sd14.docx

Introduced in the House on January 14, 2014

Currently residing in the House Committee on Judiciary

Summary: Loyalty reward points

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

1/14/2014HouseIntroduced and read first time (House Journalpage83)

1/14/2014HouseReferred to Committee on Judiciary(House Journalpage83)

VERSIONS OF THIS BILL

1/14/2014

ABILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 391100 SO AS TO PROVIDE THAT ANY COMPANY OR ENTITY DOING BUSINESS IN THIS STATE WHICH AWARDS CUSTOMERS OR MEMBERS WITH LOYALTY OR REWARD POINTS FOR TRANSACTING BUSINESS WITH IT MUST ALLOW ANY ACCUMULATED UNUSED POINTS TO BE TRANSFERRED BY A DECEDENT CUSTOMER OR MEMBER TO A SPECIFIED HEIR BY WILL OR OTHER WRITTEN DOCUMENT OR REDEEMED BY THE DESIGNATED HEIR AT DEATH.

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

SECTION1.Chapter 1, Title 39 of the 1976 Code is amended by adding:

“Section 391100.(A)Any company or entity doing business in this State which awards customers or members with loyalty or reward points for transacting business with it must allow any accumulated unused points to be transferred by a decedent customer or member to a specified heir by will or other written document or redeemed by the designated heir at death; provided, however, that the provisions of this section do not supersede any written contract entered into by an awarding company and a customer before the effective date of this section prohibiting the inheritance or redemption of loyalty or reward points at death. Any contract between the awarding company and a customer entered into on or after the effective date of this section providing for the receipt of loyalty or reward points may provide for reasonable transfer or redemption fees at death and other requirements such as the furnishing of a death certificate, but may not prohibit the inheritance or redemption of these points by an heir at death.

(B)Loyalty or reward points for purposes of this section means a bonus award expressed numerically for the conduct of business with the awarding company based on the dollar value of the business conducted or based on the customer establishing a membership or customer relationship with the awarding company where the loyalty or reward points may be used toacquire further goods or services without the payment of additional consideration.”

SECTION2.This act takes effect upon approval by the Governor.

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