| Printed Page 3930, Mar. 30 | Printed Page 3950, Mar. 30 |

Rep. SNOW explained the Bill.

Rep. HOLT spoke in favor of the Bill.

Rep. McTEER raised the Point of Order that the Bill was out of order as it did not have a fiscal impact statement attached.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 4478 -- Reps. Snow, Inabinett, Riser and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-15-65 SO AS TO PROVIDE FOR AN ALLIGATOR HARVEST PROGRAM ON PRIVATE LANDS.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7629BDW.94), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 50-9-1020 of the 1976 Code, as last amended by Section 1261, Act 181 of 1993, is further amended to read:

"Section 50-9-1020. There is established the following point system for violations to be used by the department in suspending hunting and fishing privileges of those persons participating in those activities within this State:

Violation Points

(1) Common violations:

(a) resisting arrest by the use of force, violence, or weapons against the person or any an employee of the department while engaged in his duties, any a law enforcement officer aiding in the work of the department, or any a federally commissioned employee engaged in like or similar employment: 18;

(b) attempting escape after lawful arrest: 14;

(c) hunting or fishing in a state sanctuary at any time: 14;

(d) hunting, fishing, or trapping out of season, (except in a state sanctuary): 10;

(f) taking game or fish in any an illegal manner not mentioned specifically elsewhere in this section. However, no points may be assessed pursuant to this subitem for fish taken on the seaward side of the saltwater-freshwater dividing lines as provided in Section 50-17-30: 8;

(g) using a borrowed or altered hunting or fishing license: 10;

(h) taking more than the legal limit of game or fish: 8;

(i) hunting or fishing without a license in possession: 6;

(j) trespassing to hunt, fish, or trap: 10;

(k) violating Game Management Area regulations: 8.;

(l) hunting, taking, possessing, or selling alligators in violation of law or department regulations: 14.

No points shall be assessed by authority of item (f) for fish taken on the seaward side of the saltwater-freshwater dividing lines as provided in Section 50-17-30.

(2) Hunting violations:

(a) killing or attempting to kill or molest deer from a motorboat: 14;

(b) night hunting deer or bear: 18;

(c) Illegal transportation of illegally transporting furs or hides and possession of possessing untagged hides: 10;

(d) trapping quail or wild turkeys: 10;

(e) hunting over bait: 8;

(f) killing or possession of possessing antlerless deer, except as expressly provided by law: 14;

(g) illegally night hunting other game, except deer, or hunting game in prohibited hours: 8;

(h) possessing buckshot in possession illegally: 5;

(i) possessing unplugged gun in possession while hunting, violation of Section 50-11-10 of the 1976 Code: 4;

(j) killing or possessing of male wild turkeys, (gobblers), during the closed season and killing or possessing wild turkey hens, except as expressly provided by law: 18;

(k) roost shooting of wild turkeys between official sunset and official sunrise: 18;

(l) shooting wild turkeys over bait: 18;

(m) hunting wild turkeys over bait: 10;

(n) trespassing to hunt waterfowl: 18;

(o) hunting waterfowl over bait: 10;

(p) shooting waterfowl over bait: 10;

(q) hunting waterfowl out of posted season: 15;

(r) taking more than one waterfowl over the legal limit: 15.

SECTION 2. Section 50-15-60 of the 1976 Code, as last amended by Section 1264, Act 181 of 1993, is further amended to read:

"Section 50-15-60. (A) The costs of programs established under this chapter must be borne by the general fund and must be included in the annual appropriations act except that. However, the department shall issue permits, at a cost of thirty-five dollars each, for the sale of alligator products and establish fees for participation in the Alligator Control and Management Program for applications for alligator control agents, trappers, and licenses, landowner participation, hide validations, and meat sales. The department shall collect the proceeds from the sale of permits and the proceeds from the sale of alligator products for the costs of administering the Alligator Control and Management Program. These funds must be deposited to the credit of the Game Wildlife Protection Fund of the State Treasury and administered according to the provisions of Section 50-1-150.

(B) Landowners or lessees of at least one hundred acres of occupied alligator habitat shall apply annually by May first to participate in the Alligator Control and Management Program."

SECTION 3. Section 50-15-80 of the 1976 Code, as last amended by Section 1264, Act 181 of 1993, is further amended to read:

"Section 50-15-80. (A) Any A person who violates the provisions of Section 50-15-30(c), or any regulations issued under promulgated pursuant to Section 50-15-30 or whoever a person who fails to procure or violates the terms of any a permit issued thereunder under the regulations is guilty of a misdemeanor and, upon conviction, shall must be fined not more than five hundred dollars or be imprisoned not more than six months, or both.

(B) Any A person who violates the provisions of Section 50-15-40(c), or any regulations issued promulgated pursuant thereto to it or whoever a person who fails to procure or violates the terms of any a permit issued under Section 50-15-50(d) and (e) is guilty of a misdemeanor and, upon conviction, shall must be fined one thousand dollars or be imprisoned not more than one year, or both.

(C) Any An enforcement officer employed and authorized by the department or any a police officer of the State or of any a municipality or county within the State shall have authority to may conduct searches as provided by law, and to execute a warrant to search for and seize any equipment, business records, merchandise, or wildlife taken, used, or possessed in connection with a violation of any section of this chapter. Any such The officer or agency may, without a warrant, may arrest any

(D) Equipment, merchandise, wildlife, or records seized under the provisions of subsection (C) shall must be held by an officer or agent of the department pending disposition of court proceedings, and thereafter be forfeited to the State for destruction or disposition as the board may deem considers appropriate; provided, that prior to. Before forfeiture the board may direct the transfer of wildlife so seized to a qualified zoological, educational, or scientific institution for safekeeping,. The costs thereof to be of the transfer are assessable to the defendant. The department is authorized to may promulgate regulations to implement this subsection.

(E) Any A person who violates regulations issued under promulgated pursuant to Section 50-15-30 pertaining to the possession, storage, transportation, exportation, governing hunting, taking, possessing, storing, transporting, processing, sale selling, or offering for sale, or shipping of any an American alligator (Alligator mississippiensis) or any parts or products of an alligator or any a common or contract carrier who knowingly violates, transports, or receives for shipment any American alligator parts or products must the regulations, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars or be imprisoned for not more than one year."

SECTION 4. Section 50-1-120 of the 1976 Code is repealed.

SECTION 5. This act takes effect July 1, 1994./

Amend title to conform.

Rep. SNOW explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

On motion of Rep. SNOW, with unanimous consent, it was ordered that H. 4478 be read the third time tomorrow.

The following Bill was taken up.

H. 4480 -- Reps. Snow, Inabinett and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-515 SO AS TO PROVIDE REQUIREMENTS PERTAINING TO SHARKS.

The Agriculture and Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10938BDW.94), which was adopted.

Amend the bill, as and if amended, Section 50-17-515(B), line 31, after /purposes./ by inserting /In addition to department conditions, the use of gill nets to harvest sharks is prohibited in state waters at all times, and when taken by gill net, all sharks must be released immediately./ so that when amended the subsection reads:

/(B) An annual permit must be obtained from the department for a boat or vessel before it takes sharks for commercial purposes in state waters. Permits issued under this section may include requirements for fishing times, periods, areas, gear, and equipment, catch limitations and reporting, and other conditions the department may determine to be necessary for management or regulatory purposes. In addition to department conditions, the use of gill nets to harvest sharks is prohibited in state waters at all times, and when taken by gill net, all sharks must be released immediately./

Amend title to conform.

Rep. SNOW explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

On motion of Rep. SNOW, with unanimous consent, it was ordered that H. 4480 be read the third time tomorrow.

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 4482 -- Reps. Snow, Riser and Law: A BILL TO AMEND SECTION 50-17-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE POINT SYSTEM FOR VIOLATIONS OF COASTAL FISHERIES LAWS, SO AS TO INCLUDE STAMPS AS WELL AS LICENSES AND PERMITS; AND TO AMEND SECTION 50-17-1120, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE POINT SYSTEM, SO AS TO REVISE THE CONDITIONS UNDER WHICH PRIVILEGES, LICENSES, PERMITS, AND STAMPS MAY BE SUSPENDED BY THE DEPARTMENT OF NATURAL RESOURCES.

H. 4375 -- Reps. Richardson, Snow, Fulmer and Keyserling: A BILL TO AMEND SECTION 38-75-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WIND AND HAIL INSURANCE, SO AS TO CHANGE THE DEFINITION OF "ESSENTIAL PROPERTY INSURANCE".

Rep. RICHARDSON explained the Bill.

H. 4711 -- Rep. Harvin: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND THE ADVISORY COMMITTEE FOR CONTINUING EDUCATION COURSES, SO AS TO ADD TO THE MEMBERSHIP OF THE COMMITTEE ONE REPRESENTATIVE FROM THE SOUTH CAROLINA ASSOCIATION OF HEALTH UNDERWRITERS.

Rep. RICHARDSON explained the Bill.

S. 1048 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 40-73-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL REPORTS REQUIRED OF OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS, SO AS TO PROVIDE THAT COPIES OF THE REPORTS MUST BE MAINTAINED AT ALL TIMES AND MUST BE AVAILABLE FOR PUBLIC INSPECTION WITHIN THE OFFICES OF THE BUDGET AND CONTROL BOARD, RATHER THAN THE OFFICES OF THE SECRETARY OF STATE.

On motion of Rep. SNOW, with unanimous consent, it was ordered that H. 4482 be read the third time tomorrow.

On motion of Rep. RICHARDSON, with unanimous consent, it was ordered that H. 4375 be read the third time tomorrow.

Rep. KLAUBER asked unanimous consent that H. 4711 be read a third time tomorrow.

Rep. FAIR objected.

On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that S. 1048 be read the third time tomorrow.

The following Bill was taken up.

H. 4180 -- Reps. Harrison, Wells, Gonzales, Wright, Barber, R. Smith, Fulmer, D. Wilder, Klauber, Jennings, A. Young, and Corning: A BILL TO AMEND CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS, SO AS TO ENACT THE SOUTH CAROLINA NONPROFIT CORPORATION ACT OF 1993 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH NONPROFIT CORPORATIONS OPERATE AND TRANSACT BUSINESS IN THIS STATE; TO AMEND SECTION 33-11-101, RELATING TO MERGERS OF BUSINESS CORPORATIONS, SO AS TO MAKE THE PROVISIONS OF THE SECTION APPLICABLE TO NONPROFIT CORPORATIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-507 SO AS TO PROVIDE THAT CERTAIN STATUTORY PROVISIONS OF LAW SHALL NOT BE CONSTRUED TO CAUSE FORFEITURE OR REVERSION OF TRUST PROPERTY; AND TO REPEAL SECTION 33-20-103 RELATING TO NONPROFIT CORPORATIONS AND CHAPTER 33 OF TITLE 33 RELATING TO CHURCH CORPORATIONS.

Rep. HARRISON explained the Bill and moved to adjourn debate upon the Bill until Tuesday, April 5, which was adopted.

The following Bill was taken up.

H. 4351 -- Reps. P. Harris, Neilson, Waldrop, Allison, Baxley, J. Brown, Cobb-Hunter, Corning, Cromer, Davenport, Farr, Fulmer, Gonzales, Harrelson, Harrison, Harvin, Hines, Inabinett, Keegan, Kelley, Kirsh, Littlejohn, Marchbanks, Phillips, Rhoad, Rogers, Rudnick, Shissias, D. Smith, Snow, Stuart, Tucker, Vaughn, Waites, Walker, Wells, Whipper, D. Wilder, Wilkes, Keyserling, Breeland, Richardson and Gamble: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TITLE 29, CHAPTER 4, SO AS TO ENACT THE SOUTH CAROLINA REVERSE MORTGAGE ACT WHICH DEFINES "REVERSE MORTGAGE", PROVIDES RULES FOR GOVERNING THESE MORTGAGES, EXEMPTS REVERSE MORTGAGES FROM CERTAIN PROVISIONS OF OTHER MORTGAGE TRANSACTIONS, AND REQUIRES THAT CERTAIN INFORMATION CONCERNING REVERSE MORTGAGES IS AVAILABLE TO LOAN APPLICANTS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15810AC.94), which was adopted.

Amend the bill, as and if amended, by deleting Section 29-4-20(3) and inserting:

/(3) is made by a lender authorized to engage in business as a bank, savings institution, or credit union under the laws of the United States or of South Carolina, or authorized seller-servicers selling mortgage loans to the Federal National Mortgage Association or to the Federal Home Loan Bank, or supervised lenders regulated by the State Board of Financial Institutions./

Amend further by deleting Section 29-4-30 and inserting:

/Section 29-4-30. Reverse mortgage loans are governed by these rules, without regard to the requirements set out elsewhere for other types of mortgage transactions:

(1) Payment in whole or in part is permitted without penalty at any time during the period of the loan.

(2) An advance made under a reverse mortgage and interest on the advances have priority over a lien filed after the closing of a reverse mortgage and after the filing of the lien.

(4) If a reverse mortgage provides for periodic advances to a borrower, the advances may not be reduced in amount or number based on an adjustment in the interest rate.

(5) For purposes of default under this chapter:

(a) A lender defaults in its obligation to make loan advances when after having received written notification from the borrower that an advance has not been received within fifteen days of its due date, the lender fails to cure the default within fifteen days of receiving the notification. Upon default the lender forfeits all future rights to collect interest. A lender avoids the forfeiture of interest if the lender can show a good faith effort to comply with its obligations under the terms of the loan documents.

(b) If a default is not cured in accordance with subitem (a), the borrower may file a complaint with the Department of Consumer Affairs and the lender must respond to any inquiry made by the Department of Consumer Affairs.

(c) Upon wilful default by a lender which results in forfeiture of interest under this item, the Department of Consumer Affairs is authorized to take action necessary to protect the interests of the borrower including bringing an action in circuit court for enforcement of the contract.

(6) The recordation tax on reverse mortgages may not exceed the actual cost of recording the mortgage.

(7) The mortgage only may become due and payable upon the occurrence of one of the following:

(a) the home securing the loan is sold;

(b) all borrowers cease occupying the home as a principal residence;

(c) any fixed maturity date agreed to by the lender and the borrower is reached; or

(d) an event occurs which is specified in the loan documents and which jeopardizes the lender's security.

(8) The repayment requirement is also expressly subject to the following additional conditions:

(a) temporary absences from the home not exceeding sixty consecutive days do not cause the mortgage to become due and payable;

(b) temporary absences from the home exceeding sixty consecutive days but less than one year do not cause the mortgage to become due and payable so long as the borrower has taken prior action which secures the home in a manner satisfactory to the lender;

(d) the lender must prominently disclose any interest or other fees to be charged during the period that commences on the date that the mortgage becomes due and payable and ends when repayment in full is made./

Amend further by deleting Section 29-4-60 and inserting:

/Section 29-4-60. (A) No lender authorized by this chapter to make reverse mortgages may accept an application for a reverse mortgage until the lender has obtained from the South Carolina State Housing Finance and Development Authority the content and format of a statement regarding the advisability and availability of independent information and counseling services on reverse mortgages that must be provided by the lender to the borrower pursuant to subsection (B).

(B) No reverse mortgage commitment may be made by a lender unless the loan applicant attests in writing that the applicant received from the lender at the time of initial inquiry the statement provided for in subsection (A).

(C) The Housing Finance and Development Authority shall:

(1) develop and make available to lenders the content and format of the statement described in subsection (A);

(2) refer consumers to independent counseling services with expertise in reverse mortgages.

(D) The Office of the Governor, Division on Aging shall provide independent consumer information on reverse mortgages and their alternatives./

Amend title to conform.

Rep. WHIPPER explained the amendment.

The amendment was then adopted.

Reps. T.C. ALEXANDER and WHIPPER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\15911AC.94), which was adopted.

Amend the bill, as and if amended, Section 29-4-20(1), page 2, line 7, by deleting /residency/ and inserting /residence/.

Amend further, Section 29-4-20(3), page 4351-1, line 33, by deleting /Bank/ and inserting /Mortgage Corporation/.

| Printed Page 3930, Mar. 30 | Printed Page 3950, Mar. 30 |