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| Georgia General Assembly |
SB31.html
LC 19 4835
Senate Bill
31
By: Senators Brown of the 26th, Cheeks of
the 23rd, Hooks of the 14th, Thomas of the 10th
and Fort of the 39th
A BILL TO BE
ENTITLED
AN ACT
To amend Code Section 7-5-4 of the Official Code of Georgia
Annotated, relating to credit card charges and fees, so as to prohibit the
charging and collecting of fees for transactions involving the payment of one
credit card account with another credit card account; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Code Section 7-5-4 of the Official Code of Georgia
Annotated, relating to credit card charges and fees, is amended by striking in
its entirety subsection (a) and inserting in lieu thereof the
following:
"(a)(1)
Notwithstanding the provisions of any other law prescribing, regulating, or
limiting interest rates, any domestic lender or credit card bank may charge and
collect in connection with a credit card account:
(A)
Finance charges at such periodic interest rate or rates computed or imposed on
the outstanding balances on the credit card account in any manner as provided in
the written agreement governing such credit card account, and such periodic
interest rate or rates may vary from time to time in accordance with a schedule
or formula contained in such agreement; and
(B) Such other fees and charges as the domestic lender or
credit card bank and the debtor may agree upon in the written agreement
governing the credit card account, including, but not limited to, cash advance
charges, charges for exceeding preestablished credit limits, late fees,
delinquency or default charges, returned payment charges, stop payment charges,
automated teller machine charges or similar electronic or interchange fees or
charges, annual or membership fees, application fees, transaction fees and
minimum charges for each scheduled billing period, premiums for credit life,
accident, health, or loss of income insurance, documentary evidence fees, fees
or charges for services rendered or for reimbursement of expenses incurred by
any domestic lender or credit card bank or their respective agents in connection
with the credit card account, and other fees incident to the application for or
the opening, administration, and termination of the credit card account,
including, without limitation, commitment, application, and processing fees,
official fees and taxes, and costs incurred by reason of examination of title,
title insurance, inspection, appraisal, recording, mortgage satisfaction, filing
fees, or other formal acts necessary or appropriate to the security for the
credit card account; provided, however, that no domestic lender or credit
card bank shall charge or collect a fee for a transaction in which a debtor
discharges the balance of a credit card account by charging such amount to
another credit card account.
(2) For the purposes
of this Code section, Section 85 of the National Bank Act (12 U.S.C. Section
85), and Sections 521, 522, and 523 of the Depository Institutions Deregulation
and Monetary Control Act of 1980 (12 U.S.C. Sections 1831d, 1831e, and 1831f),
the finance charges under subparagraph (a)(1)(A) of this Code section and the
charges and fees under subparagraph (a)(1)(B) of this Code section shall be
deemed to be, and may be charged and collected as, interest by the domestic
lender or credit card
bank."
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.