Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 90, Jan. 10 | Printed Page 120, Jan. 10 |

Printed Page 114 . . . . . Tuesday, January 10, 1995

S. 265 -- Senators Stilwell, Courtney and Rose: A BILL TO AMEND ARTICLE 13, CHAPTER 7, TITLE 14 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, BY ADDING SECTION 14-7-1595, SO AS TO PROVIDE FOR EMPOWERING A COUNTY GRAND JURY TO INVESTIGATE CERTAIN OFFENSES AND GIVING THE SOLICITOR CERTAIN
Printed Page 115 . . . . . Tuesday, January 10, 1995

ADDITIONAL POWERS AND AUTHORITIES BEFORE A COUNTY GRAND JURY EMPOWERED TO INVESTIGATE THOSE OFFENSES.

Read the first time and referred to the Committee on Judiciary.

S. 266 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 20-7-852, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO CHILD SUPPORT PROCEEDINGS, SO AS TO PROVIDE THAT IN ANY PROCEEDING FOR THE AWARD OF CHILD SUPPORT THERE IS A REBUTTABLE PRESUMPTION THAT THE AMOUNT REQUIRED BY THE CHILD SUPPORT GUIDELINES IS THE CORRECT AMOUNT TO BE AWARDED AND THAT FINDINGS WHICH REBUT THE GUIDELINES MUST STATE THE AMOUNT OF THE AWARD REQUIRED BY THE GUIDELINES AND A JUSTIFICATION OF WHY THE ORDER VARIES FROM THE GUIDELINES; TO PROVIDE THAT APPLICATION OF THE GUIDELINES TO AN EXISTING ORDER IS CONSIDERED A CHANGE OF CIRCUMSTANCES ONLY IN TITLE IV-D CASES; AND TO PROVIDE FACTORS THAT THE COURT SHALL CONSIDER AS POSSIBLE REASONS FOR DEVIATION FROM THE GUIDELINES OR FOR FINDING A CHANGE IN CIRCUMSTANCES.

Read the first time and referred to the Committee on Judiciary.

S. 267 -- Senator Passailaigue: A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGE FORECLOSURE, BY ADDING SECTION 29-3-800, SO AS TO PROVIDE THAT CONTRACTUAL PROVISIONS FOR ATTORNEY FEES IN THE AMOUNT OF A SPECIFIED PERCENTAGE OF THE BALANCE DUE UPON DEFAULT OF A MORTGAGE OR NOTE ARE UNCONSCIONABLE, THAT IN FORECLOSURE ACTIONS THE COURT MUST MAKE A FINDING AS TO THE REASONABLENESS OF ATTORNEY FEES NOTWITHSTANDING ANY CONTRACTUAL PROVISION THAT WOULD AWARD ATTORNEY FEES AS A SPECIFIED PERCENTAGE OF THE BALANCE DUE UPON DEFAULT, AND THAT PARTIES TO A FORECLOSURE ACTION MAY AGREE TO THE AMOUNT OF ATTORNEY FEES DUE, AND IN THE EVENT THE PARTIES REACH SUCH AN AGREEMENT, THE COURT IS


Printed Page 116 . . . . . Tuesday, January 10, 1995

NOT REQUIRED TO MAKE A FINDING AS TO THE REASONABLENESS OF THE ATTORNEY FEES.

Read the first time and referred to the Committee on Banking and Insurance.

S. 268 -- Senators McConnell, Rose and Passailaigue: A BILL TO AMEND SECTION 4-9-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFIED ELECTORS OF A COUNTY PROPOSING CERTAIN ORDINANCES BY PETITION, SO AS TO REVISE THE NUMBER OF SIGNATURES REQUIRED FOR THE PETITION AND TO AUTHORIZE THE QUALIFIED ELECTORS OF A COUNTY, MUNICIPALITY, SCHOOL DISTRICT, OR SPECIAL PURPOSE DISTRICT TO PROPOSE ORDINANCES OR RESOLUTIONS LIMITING THE TOTAL REVENUE WHICH THE COUNTY MAY EXPEND DURING A FISCAL YEAR; BY ADDING SECTION 7-1-90 SO AS TO PERMIT PERSONS TO SOLICIT SIGNATURES OF ELECTORS ON PETITIONS WHILE ON PUBLIC PROPERTY, PROVIDE A PROCEDURE FOR DETERMINING THE VALIDITY OF THE SIGNATURES ON PETITIONS, AND PROVIDE FOR A PROCEDURE BY WHICH SIGNATURES OR ENTRIES MAY BE CHALLENGED; AND BY ADDING SECTION 7-1-100 SO AS TO PROHIBIT A COUNTY, MUNICIPALITY, SCHOOL DISTRICT, OR OTHER POLITICAL SUBDIVISION FROM BELONGING TO OR DONATING, DIRECTLY OR INDIRECTLY, AND TO AN ORGANIZATION WHICH SUPPORTS OR OPPOSES A BALLOT ISSUE, AND PROHIBIT PUBLIC FUNDS, PROPERTY, OR TIME FROM BEING USED BY A PERSON HOLDING ELECTIVE OFFICE OR EMPLOYED BY A GOVERNMENTAL ENTITY TO CREATE OR DISTRIBUTE MATERIAL INVOLVING A BALLOT ISSUE.

Read the first time and referred to the Committee on Judiciary.

S. 269 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.

Read the first time and referred to the Committee on Finance.


Printed Page 117 . . . . . Tuesday, January 10, 1995

S. 270 -- Senators Courson, Leventis, Rose and Giese: A BILL TO AMEND SECTION 1-3-240(B), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF OFFICERS BY THE GOVERNOR, SO AS TO PROVIDE THAT ANY PERSON APPOINTED TO A MULTI-COUNTY BOARD BY A GOVERNOR IS CONSIDERED TO BE A PERSON APPOINTED TO A STATE OFFICE.

Read the first time and referred to the Committee on Judiciary.

S. 271 -- Senators Wilson, Leventis, Rankin, Rose and Giese: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; AND TO AMEND SECTION 8-13-1300, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL.

Read the first time and referred to the Committee on Judiciary.

S. 272 -- Senators Alexander, Leventis, O'Dell, Hayes, Rose and Giese: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE THAT SPECIAL ELECTIONS SHALL NOT BE HELD PRIOR TO THE GENERAL ELECTION IF THE DATE FOR THE SPECIAL ELECTION PROVIDED BY THE STATUTORY FORMULA IS WITHIN THIRTY DAYS OF THE GENERAL ELECTION.

Read the first time and referred to the Committee on Judiciary.

S. 273 -- Senators Richter, Courtney, Rose, O'Dell, Elliott, Hayes and Giese: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF PROPERTY TAXES, SO AS TO PROVIDE THAT SURVIVING SPOUSES OF LAW ENFORCEMENT OFFICERS, AS DEFINED IN


Printed Page 118 . . . . . Tuesday, January 10, 1995

SECTION 23-6-400(D)(1), KILLED IN THE LINE OF DUTY SHALL RECEIVE THE SAME PROPERTY TAX EXEMPTION AS SURVIVING SPOUSES OF SERVICEMEN KILLED IN THE LINE OF DUTY.

Read the first time and referred to the Committee on Finance.

S. 274 -- Senators Short and Rose: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT OBLIGATIONS SO AS TO DIRECT THE CHILD SUPPORT ENFORCEMENT DIVISION OF THE DEPARTMENT OF SOCIAL SERVICES TO DEVELOP AN EMPLOYER NEW HIRE REPORTING PROGRAM.

Read the first time and referred to the General Committee.

S. 275 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-21-860 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROHIBIT THE USE OF AIRBOATS ON THE WACCAMAW, THE GREAT PEE DEE, THE LITTLE PEE DEE, THE BLACK, AND THE SAMPIT RIVERS IN GEORGETOWN COUNTY.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 276 -- Senators Greg Smith, Rankin and Rose: A BILL TO AMEND CHAPTER 28, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 1 RELATING TO THE SERVICE AND REPAIR OF MOTOR VEHICLES, SO AS TO REQUIRE A MOTOR VEHICLE REPAIR FACILITY TO PROVIDE A CUSTOMER WITH A WRITTEN ESTIMATE, TO REQUIRE ORAL OR WRITTEN CONSENT FROM THE CUSTOMER BEFORE SERVICE OR REPAIR CAN BEGIN, TO PREVENT A MOTOR VEHICLE REPAIR FACILITY FROM EXCEEDING ITS APPROVED ESTIMATE, TO REQUIRE DISPLAY OF THESE REGULATIONS IN THE FACILITY, AND TO GIVE CUSTOMERS THE RIGHT TO INSPECT AND/OR RETAIN REPLACED PARTS.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 277 -- Senator Ford: A BILL TO AMEND TITLE 56 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES, SO AS TO CREATE THE MOTOR VEHICLE


Printed Page 119 . . . . . Tuesday, January 10, 1995

INDUSTRY LICENSING BOARD, TO REGULATE MOTOR VEHICLE AND MOTORCYCLE DEALERS AND SALES PERSONS ENGAGED IN BUSINESS IN SOUTH CAROLINA, INCLUDING PROVISIONS RELATING TO ADVERTISING AND SALES PRACTICES; TO DEVOLVE THE POWERS AND DUTIES OF THE DEPARTMENT OF PUBLIC SAFETY AND THE OFFICE OF ADMINISTRATOR RELATING TO MOTOR VEHICLE AND MOTORCYCLE DEALERS AND WHOLESALERS UPON THE BOARD; AND TO AMEND SECTION 40-29-240, RELATING TO PROHIBITED ACTS RELATING TO THE SALE OF MANUFACTURED HOUSING, SO AS TO PROHIBIT CERTAIN ADVERTISING AND SALES PRACTICES.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 278 -- Senators Mescher and Rose: A BILL TO AMEND ACT 1093 OF 1966, AS LAST AMENDED BY ACT 437 OF 1973, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE GOOSE CREEK RECREATION COMMISSION.

Read the first time and referred to the Berkeley Delegation.

S. 279 -- Senators Mitchell and Washington: A BILL TO ENACT THE "SOUTH CAROLINA HEALTH INSURANCE PLAN" WHICH ESTABLISHES A MECHANISM TO ENSURE THE AVAILABILITY OF HEALTH INSURANCE COVERAGE TO THOSE CITIZENS OF THIS STATE WHO ARE NOT OTHERWISE ABLE TO OBTAIN SUCH COVERAGE.

Read the first time and referred to the Committee on Banking and Insurance.

S. 280 -- Senators Greg Smith, Hayes and Rankin: A BILL TO AMEND SECTION 15-39-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDER FOR DISCOVERY OF PROPERTY, SO AS TO ALLOW A MAGISTRATE TO HOLD SUPPLEMENTAL PROCEEDINGS FOR THE COLLECTION OF JUDGMENTS WHERE THE JUDGMENT WAS OBTAINED IN THE SUMMARY COURT AND TO MAKE OTHER TECHNICAL AND GRAMMATICAL CHANGES.

Read the first time and referred to the Committee on Judiciary.


| Printed Page 90, Jan. 10 | Printed Page 120, Jan. 10 |

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