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A298, R351, S1059
Sponsors: Senator O'Dell
Document Path: l:\council\bills\gjk\20507sd08.doc
Introduced in the Senate on January 31, 2008
Introduced in the House on April 22, 2008
Last Amended on May 28, 2008
Passed by the General Assembly on June 3, 2008
Became law without Governor's signature, June 12, 2008
Summary: Physical fitness services
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/31/2008 Senate Introduced and read first time SJ-9 1/31/2008 Senate Referred to Committee on Medical Affairs SJ-9 4/16/2008 Senate Committee report: Favorable with amendment Medical Affairs SJ-9 4/17/2008 Senate Committee Amendment Adopted SJ-18 4/17/2008 Senate Read second time SJ-18 4/18/2008 Scrivener's error corrected 4/22/2008 Senate Read third time and sent to House SJ-14 4/22/2008 House Introduced and read first time HJ-167 4/22/2008 House Referred to Committee on Medical, Military, Public and Municipal Affairs HJ-167 5/21/2008 House Committee report: Favorable with amendment Medical, Military, Public and Municipal Affairs HJ-204 5/28/2008 House Amended HJ-27 5/28/2008 House Read second time HJ-29 5/29/2008 House Read third time and returned to Senate with amendments HJ-8 6/3/2008 Senate Concurred in House amendment and enrolled SJ-50 6/5/2008 Ratified R 351 6/12/2008 Became law without Governor's signature 6/19/2008 Copies available 6/19/2008 Effective date 06/12/08 6/19/2008 Act No. 298
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A298, R351, S1059)
AN ACT TO AMEND SECTION 44-79-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED CONTRACTUAL PROVISIONS IN CONTRACTS FOR PHYSICAL FITNESS SERVICES, SO AS TO MAKE TECHNICAL LANGUAGE AND REFERENCE CHANGES; AND TO AMEND SECTION 44-79-60, RELATING TO PERMISSIBLE CONTRACTUAL PROVISIONS IN CONTRACTS FOR PHYSICAL FITNESS SERVICES, SO AS TO FURTHER PROVIDE FOR CONTRACTUAL PROVISIONS PERTAINING TO RENEWAL OPTIONS AND AUTOMATIC RENEWAL OPTIONS INCLUDING DURATION, ENFORCEABILITY, NOTICE TO CUSTOMERS, PRICING, OPT-IN RIGHTS, AND CANCELLATION.
Be it enacted by the General Assembly of the State of South Carolina:
Technical and reference changes
SECTION 1. Section 44-79-40 of the 1976 Code is amended to read:
"Section 44-79-40. No contract for physical fitness services may:
(1) have a duration of longer than twenty-four months, nor a duration measured by the life of the customer, the life of the center, or any similar indefinite term; provided, however, if a center demonstrates financial responsibility to the administrator of the Department of Consumer Affairs and has been in operation for five or more years in this State, it may offer contracts for physical fitness services for a duration of up to thirty-six months if approved in writing by the administrator;
(2) waive the required provisions of this chapter;
(3) provide that a right of action or defense of the customer may be cut off by assignment of the contract to a third person."
Contract provisions revised
SECTION 2. Section 44-79-60 of the 1976 Code is amended to read:
"Section 44-79-60. A contract for physical fitness services may contain clauses which:
(1) provide for extension of the term of the agreement for a period equal to a period of temporary disability or pregnancy of the customer, or for any other just or reasonable cause;
(2) specify that the written contract constitutes the entire agreement between the parties;
(3) provide for a renewal option, for a duration longer than one month but not more than twelve months, which to be enforceable must be exercised by the buyer in writing, or by payment by the buyer of part or all of the renewal price. A renewal option for a duration longer than one month may be exercised only near the expiration of any previous contract and for not more than twelve months;
(4) provide for an automatic renewal option, for a duration of no longer than one month, which to be enforceable must be disclosed in bold type of at least fourteen-point font on the front page of the contract and must be initialed by the customer. The customer will be given the ability to opt-in to the automatic renewal provision at the time the initial contract is executed by initialing an opt-in provision. Near the expiration of the initial contract, the facility shall notify the customer in writing at the customer's last known address of the automatic renewal option which the customer selected at the time the initial contract was executed. Price may not increase or decrease in an automatically renewed contract without written notice to the customer of at least thirty but not more than sixty days prior to the effective date of the change in price;
(5) specify that cancellation of a contract voids automatic renewal provisions."
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 5th day of June, 2008.
Became law without the signature of the Governor -- 6/12/08.
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