Printed Page 4250, May 30
| Printed Page 4270, May 30
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Printed Page 4250, May 30
| Printed Page 4270, May 30
| The following Bills were introduced, read the first time, and referred to appropriate committee:
H. 4271 -- Reps. Keyserling and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1216 SO AS TO ALLOW A CORPORATE INCOME TAX CREDIT FOR THE INSTALLATION OF EQUIPMENT FOR REFUELING OR RECHARGING MOTOR VEHICLES PROPELLED BY ALTERNATIVE FUELS OR ELECTRICITY AND TO ALLOW A CREDIT FOR A PORTION OF THE PURCHASE PRICE OF SUCH VEHICLES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1217 SO AS TO ALLOW A STATE INDIVIDUAL INCOME TAX CREDIT FOR A PORTION OF THE PURCHASE PRICE OF A MOTOR VEHICLE PROPELLED BY ALTERNATIVE FUELS OR ELECTRICITY OR FOR A PORTION OF THE EXPENSES OF CONVERTING VEHICLES TO THESE SYSTEMS.
Referred to Committee on Ways and Means.
H. 4272 -- Reps. Robinson, Herdklotz, Simrill, Quinn, Trotter, Jaskwhich, Easterday, Marchbanks, Vaughn, Tripp and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-180 SO AS TO PROHIBIT THE NAMING OF PUBLIC PROPERTY PURCHASED OR CONSTRUCTED WITH STATE FUNDS OR OWNED BY THE STATE FOR A LIVING PERSON OR A PERSON WHO HAS BEEN DECEASED FOR LESS THAN ONE YEAR.
Referred to Committee on Ways and Means.
The following was introduced:
H. 4273 -- Reps. Koon, Gamble, Knotts, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION TO MARILYN L. BUNDRICK FOR HER EXEMPLARY SERVICE AS A MEMBER AND CHAIRMAN OF THE
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. RHOAD, with unanimous consent, the following was taken up for immediate consideration:
H. 4274 -- Reps. Rhoad and Cave: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MAY 31, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER TO THE BAMBERG-EHRHARDT HIGH SCHOOL BASEBALL TEAM AND ITS COACHES FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1995 CLASS AA STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the Bamberg-Ehrhardt High School Baseball Team and its coaches are extended the privilege of the House of Representatives on Wednesday, May 31, 1995, at a time to be determined by the Speaker for the purpose of being recognized and congratulated on winning the 1995 Class AA State Championship.
The Resolution was adopted.
Rep. BOAN moved to reconsider the vote whereby the House concurred in the Senate amendments to the following Bill, which was agreed to.
H. 4146 -- Ways and Means Committee: A BILL TO AMEND THE 1976 CODE BY ADDING CHAPTER 28 TO TITLE 12 SO AS TO CONFORM SOUTH CAROLINA'S METHOD OF IMPOSING AN EXCISE TAX ON MOTOR FUEL TO FEDERAL LAW; AND TO REPEAL SECTIONS 39-41-20, 39-41-30, 39-41-40, 39-41-50, 39-41-60, 39-41-100, 39-41-110, 39-41-120, 39-41-130, AND 39-41-140 RELATING TO PETROLEUM AND PETROLEUM PRODUCTS, SECTIONS 12-27-210, 12-27-220, 12-27-230, 12-27-240, 12-27-250, 12-27-260, 12-27-270, 12-27-280, 12-27-300, 12-27-310, 12-27-320, 12-27-330, 12-27-340, 12-27-350, 12-27-360, 12-27-510, 12-27-520,
Rep. BOAN, with unanimous consent, proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6062HTC.95), which was adopted.
Amend the bill, as and if amended, by striking SECTION 4 and inserting:
/SECTION 4. (A) Sections 39-41-20, 39-41-30, 39-41-40, 39-41-50, 39-41-60, 39-41-100, 39-41-110, 39-41-120, 39-41-130, and 39-41-140 of the 1976 Code are repealed effective September 1, 1995.
(B) Sections 12-27-210, 12-27-220, 12-27-230, 12-27-240, 12-27-250, 12-27-260, 12-27-270, 12-27-280, 12-27-300, 12-27-310, 12-27-320, 12-27-330, 12-27-340, 12-27-350, 12-27-360, 12-27-400, 12-27-510, 12-27-520, 12-27-530, 12-27-540, 12-27-550, 12-27-560, 12-27-570, 12-27-580, 12-27-590, 12-27-600, 12-27-610, 12-27-710, 12-27-720, 12-27-730, 12-27-740, 12-27-750, 12-27-760, 12-27-770, 12-27-780, 12-27-790, 12-27-800, 12-27-810, 12-27-820, 12-27-830, 12-27-1010, 12-27-1110, 12-27-1120, 12-27-1210, 12-27-1220, 12-27-1230, 12-27-1240, 12-27-1250, 12-27-1260, 12-27-1265, 12-27-1510, 12-29-10, 12-29-20, 12-29-30, 12-29-40, 12-29-110, 12-29-120, 12-29-130, 12-29-140, 12-29-150, 12-29-310, 12-29-320, 12-29-340, 12-29-350, 12-29-360, 12-29-370, 12-29-380, 12-29-390, 12-29-400, 12-29-410, 12-29-420, 12-29-430, 12-29-440, 12-29-610, 12-29-620 and 12-29-630 and Article 1, Chapter 27, Title 12 of the 1976 Code are repealed effective May 1, 1996./
Amend further, by striking SECTION 6 and inserting:
/SECTION 6. Except where inappropriate, the Code Commissioner shall:
(2) delete from the chapter added by this act any provision of law the subject matter of which was repealed or eliminated by the General Assembly in the 1995 session;
(3) amend provisions in the chapter added by this act corresponding to amendments enacted during the 1995 session in other acts to applicable provisions of the 1976 Code repealed by this act;
(4) correct cross references as he considers necessary in affected provisions of the 1976 Code.
SECTION 7. This act takes effect May 1, 1996, except that the provisions of Article 23, Chapter 28 of Title 12 of the 1976 Code as added by this act take effect September 1, 1995./
Renumber sections to conform.
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The General Assembly, Columbia, S.C., May 29, 1995
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3037 -- Reps. Kirsh, Simrill, Meacham, S. Whipper, Stille, Walker,
Sandifer, Cain, Whatley, Shissias, Riser and Clyburn: A BILL TO AMEND THE
CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO
PROVIDE THAT WHEN A PERSON COMMITS CERTAIN DRUG AND ALCOHOL-RELATED
MOTOR
VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF
THE
OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST
BE
PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-2947. (A) A person eighteen years of age or over is guilty of child endangerment when:
(1) the person is in violation of:
(a) Section 56-5-2930; or
(b) Section 56-5-2945; and
(2) the person has one or more passengers under sixteen years of age in the motor vehicle when the violation occurs.
If more than one passenger under sixteen years of age is in the vehicle when a violation of subsection (A)(1) occurs, the person may be charged with only one violation of this section.
(B) Upon conviction the person must be punished by:
(1) a fine of not more than one-half of the maximum fine allowed for committing the violation enumerated in subsection(A)(1), when the person is fined for that offense;
(2) a term of imprisonment of not more than one-half of the maximum term of imprisonment allowed for committing the violation enumerated in subsection (A)(1), when the person is imprisoned for the offense; or
(3) both a fine and imprisonment as prescribed in items (1) and (2) when the person is fined and imprisoned for the offense.
(C) No portion of the penalty assessed under subsection (B) may be suspended or revoked and probation may not be awarded.
(D) In addition to imposing the penalties for offenses enumerated in
subsection (A)(1) and the penalties contained in subsection (B), the department
must suspend the person's driver's license for sixty days. Sections 56-1-1320
and 56-5-2990 as they relate to enrollment in an alcohol and drug safety action
program and to the issuance of a provisional driver's license will not be
effective until the sixty-day suspension period is completed.
(F) The court that has jurisdiction over an offense enumerated in subsection (A)(1) has jurisdiction over the offense of child endangerment.
(G) A first offense charge for a violation of this section may not be used as the only evidence for taking a child into protective custody pursuant to Section 20-7-610(A) and (F)."
SECTION 2. This act takes effect upon approval by the Governor.
Amend title to conform.
/s/Samuel Stilwell /s/Herbert Kirsh
/s/Michael T. Rose /s/John L. Scott, Jr.
/s/Maggie W. Glover /s/John M. "Jake" Knotts
On Part of the Senate. On Part of the House.
Rep. KIRSH explained the report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. CATO moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
S. 602 -- Senators Short, Jackson, Gregory and Giese: A BILL TO AMEND SECTION 34-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS AND REPORTS OF RESTRICTED LENDERS, BY ADDING INFORMATION REQUIRED TO BE REPORTED IN THE ANNUAL REPORT MADE BY RESTRICTED LENDERS; TO AMEND SECTION 34-29-140 OF THE 1976 CODE, RELATING TO CHARGES PERMITTED TO RESTRICTED LENDERS, SO AS TO REVISE THE FINANCE CHARGES AND TO PROVIDE LIMITATIONS ON LOAN RENEWALS; TO AMEND SECTION 37-1-301 OF THE 1976 CODE, RELATING TO DEFINITIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO ADD A DEFINITION FOR "DEBT COLLECTOR"; TO AMEND SECTION 37-1-303 OF THE 1976 CODE, RELATING TO THE INDEX OF DEFINITIONS IN TITLE 37, SO AS TO ADD "DEBT COLLECTOR"; TO AMEND SECTION 37-3-201 OF THE 1976 CODE, RELATING TO LOAN FINANCE CHARGES FOR
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Cain Cato Cave Clyburn Cooper Dantzler Delleney Easterday Fair Gamble Harris, J. Harris, P.
Harrison Haskins Herdklotz Hines Hodges Hutson Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Lanford Law Limbaugh Littlejohn Lloyd Marchbanks Mason McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Spearman Stille Stuart Thomas Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free
Conference, the SPEAKER appointed Reps. CATO, GAMBLE and NEAL to the Committee
of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 602 -- Senators Short, Jackson, Gregory and Giese: A BILL TO AMEND SECTION
34-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS AND
REPORTS OF RESTRICTED LENDERS, BY ADDING INFORMATION REQUIRED TO BE REPORTED
IN THE ANNUAL REPORT MADE BY RESTRICTED LENDERS; TO AMEND SECTION 34-29-140
OF
THE 1976 CODE, RELATING TO CHARGES PERMITTED TO RESTRICTED LENDERS, SO AS TO
REVISE THE FINANCE CHARGES AND TO PROVIDE LIMITATIONS ON LOAN RENEWALS; TO
AMEND SECTION 37-1-301 OF THE 1976 CODE, RELATING TO DEFINITIONS UNDER THE
CONSUMER PROTECTION CODE, SO AS TO ADD A DEFINITION FOR "DEBT
COLLECTOR"; TO AMEND SECTION 37-1-303 OF THE 1976 CODE, RELATING TO THE
INDEX OF DEFINITIONS IN TITLE 37, SO AS TO ADD "DEBT COLLECTOR"; TO
AMEND SECTION 37-3-201 OF THE 1976 CODE, RELATING TO LOAN FINANCE CHARGES FOR
SUPERVISED LOANS, SO AS TO PROVIDE THAT SUPERVISED LOANS NOT EXCEEDING SIX
HUNDRED DOLLARS SHALL BE MADE IN ACCORDANCE WITH SECTION 34-29-140 RELATING
TO
FINANCE CHARGES FOR RESTRICTED LOANS; TO AMEND SECTION 37-3-305 OF THE 1976
CODE, RELATING TO THE POSTING AND FILING OF MAXIMUM RATE SCHEDULES BY
SUPERVISED LENDERS, SO AS TO PROVIDE THAT FOR LOANS NOT EXCEEDING SIX
HUNDRED
DOLLARS, A RATE MAY NOT BE POSTED WHICH EXCEEDS THE CHARGES IMPOSED IN
SECTION
34-29-140; TO AMEND SECTION 37-3-505 OF THE 1976 CODE, RELATING TO RECORDS AND
ANNUAL REPORTS FOR SUPERVISED LENDERS, SO AS TO ADD INFORMATION REQUIRED TO
BE
INCLUDED IN THE ANNUAL REPORT OF SUPERVISED LENDERS; TO AMEND PART 5,
CHAPTER
3, TITLE 37 OF THE 1976 CODE, BY ADDING SECTION 37-3-515 SO AS TO PROVIDE A
LIMITATION ON LOAN RENEWALS; TO AMEND SECTION 37-5-108 OF THE 1976 CODE,
RELATING TO UNCONSCIONABILITY UNDER THE CONSUMER PROTECTION CODE, BY
ADDING
PARTICULAR CIRCUMSTANCES WHICH CONSTITUTE UNCONSCIONABILITY
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
SECTION 1. Section 34-29-100 of the 1976 Code is amended to read:
"Section 34-29-100. (a) Each licensee shall keep and use in his business such full and correct books and accounting records as are in accordance with sound and accepted accounting principles and practices and such books and records, including cards used in the card system, if any, as are in accord with the rules and regulations lawfully made by the Board board. Each licensee shall preserve such books, accounts and records, including cards used in the card system, if any, for at least two years after making the final entry on any loan recorded thereon. The renewal or refinancing of a loan shall constitute a final entry.
(b) Every licensee shall file in the office of the Board board, on or before the first day of April, a report for the preceding calendar year. The report shall give information with respect to the financial condition of such licensee, and shall include the name and address of the licensee, balance sheets at the beginning and end of the accounting period, a statement of income and expenses for the period, a reconciliation of surplus with the balance sheets, a schedule of assets used and useful in the consumer finance business in the State, an analysis of charges, size of loans and types of actions undertaken to effect collection and such other relevant information in form and detail as the Board board may prescribe.
(c) In addition to the information required to be reported under subsection (b), the annual report shall include the following:
(1) the total number of loans and aggregate dollar amounts made by the
lender which renewed existing accounts;
Printed Page 4250, May 30
| Printed Page 4270, May 30
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