H. 3131 -- Rep. Hodges: A BILL TO REPEAL CHAPTER 19 OF TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL SERVICE CONTRACTS AND THE REQUIREMENT THAT THESE CONTRACTS BE INDEXED IN THE OFFICES OF THE REGISTER OF MESNE CONVEYANCES OR THE CLERK OF COURT.
Ordered for consideration tomorrow.
H. 3848 -- Rep. Cromer: A BILL TO AMEND SECTION 30-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH MORTGAGE ASSIGNMENTS MUST BE EXECUTED AND PROBATED, SO AS TO REQUIRE THAT ASSIGNMENT OF MORTGAGE FORMS INCLUDE THE NAME AND ADDRESS OF THE MORTGAGOR AND OF THE MORTGAGEE AND THE BOOK, PAGE, AND DATE OF RECORDING OF THE ORIGINAL MORTGAGE.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable report on:
H. 4113 -- Reps. Cotty and Hodges: A BILL TO AMEND SECTION 29-3-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND APPLICATION FOR ORDER OF APPRAISAL, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT, EXCEPT IN ANY REAL ESTATE FORECLOSURE PROCEEDING RELATING TO A DWELLING PLACE OR TO A CONSUMER CREDIT TRANSACTION, A DEFENDANT AGAINST WHOM A PERSONAL JUDGMENT MAY BE TAKEN ON A REAL ESTATE SECURED TRANSACTION MAY WAIVE THE APPRAISAL RIGHTS IF THE DEBTORS, MAKERS, BORROWERS, AND/OR GUARANTORS ARE NOTIFIED IN WRITING BEFORE THE TRANSACTION THAT A WAIVER OF APPRAISAL RIGHTS WILL BE REQUIRED AND UPON SIGNING A CERTAIN STATEMENT DURING THE TRANSACTION; AND TO AMEND SECTION 29-3-700, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND THE ORDER FOR APPRAISAL, SO AS TO PROVIDE THAT THE APPRAISAL BE CONDUCTED BY THREE DISINTERESTED STATE CERTIFIED GENERAL REAL ESTATE APPRAISERS, RATHER THAN "THREE DISINTERESTED FREEHOLDERS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED".
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
H. 4159 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4354 -- Reps. Robinson, Walker, Allison, D. Smith, Simrill and Kirsh: A BILL TO AMEND SECTION 23-28-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESERVE POLICE OFFICERS' DUTIES, SO AS TO NOT REQUIRE A RESERVE POLICE OFFICER TO BE ACCOMPANIED BY A FULL-TIME CERTIFIED SOUTH CAROLINA POLICE OFFICER, AND TO REQUIRE A RESERVE POLICE OFFICER TO BE IN PROXIMATE CONTACT WITH THE FULL-TIME OFFICER TO WHOM HE IS ASSIGNED.
Ordered for consideration tomorrow.
S. 1259 -- Senator Jackson: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. LAURA TOLIVER "MOTHER" JEFFERSON OF RICHLAND COUNTY AND EXTENDING DEEPEST SYMPATHY TO MRS. JEFFERSON'S FAMILY AND MANY FRIENDS.
Returned with concurrence.
Received as information.
Senator HOLLAND, Chairman of the Judiciary Committee, with unanimous consent, was recognized to address brief remarks to the body.
At 11:47 A.M., the PRESIDENT assumed the Chair.
Senator McCONNELL, Chairman of the Rules Committee, with unanimous consent, was recognized to address brief remarks to the body.
The PRESIDENT appointed Senators DRUMMOND, PEELER, PATTERSON and HAYES to escort the Honorable Daniel A. Ludwig of
S. 1142 -- Banking and Insurance Committee: A BILL TO AMEND THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, TO PROVIDE FOR THE ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO PROVIDE THAT THERE SHALL BE AN ASSIGNED RISK PLAN, KNOWN AS THE "SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN"; AMONG OTHER THINGS, (ABBREVIATED TITLE)
Senator McCONNELL asked unanimous consent to make a motion to suspend the provisions of Rule 12 relating to a motion to reconsider within the next two statewide legislative days for the specific purpose of allowing Senator LAND to make a motion to reconsider tomorrow.
There was no objection.
At 11:59 A.M., on motion of Senator DRUMMOND, the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:00 Noon, the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of the following Concurrent Resolution adopted by both Houses:
H. 4446 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE DANIEL A. LUDWIG OF MINNESOTA, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 20, 1996.
The Honorable Daniel A. Ludwig, National Commander of the American Legion, and members of his party were escorted to the rostrum by Senators DRUMMOND, PEELER, PATTERSON and HAYES and Representatives J. Hines, Hutson, Knotts and Rhoad.
Commander Ludwig addressed the Joint Assembly.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 12:35 P.M., the Senate reconvened.
Having received a favorable report from the Edgefield County Delegation, the following appointments were confirmed in open session:
Reappointments, Edgefield County Board of Voter Registration, with terms to commence March 15, 1996, and to expire March 15, 1998:
Ms. Ruth S. Day, Post Office Box 6, Trenton, S.C. 29847
Ms. Mary Ellen C. Painter, Post Office Box 442, Edgefield, S.C. 29824
Ms. Marie D. Adams, 210 Gary Hill Road, Edgefield, S.C. 29824
Ms. Elizabeth J. Greene, 588 Norris Street, Edgefield, S.C. 29824
Ms. Ophelia M. McCain, 1601 Edgefield Road, North Augusta, S.C. 29841
Having received a favorable report from the Barnwell County Delegation, the following appointment was confirmed in open session:
Reappointment, Barnwell County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:
Ms. Nancy E. Davis, 21 Winton Street, Barnwell, S.C. 29812
Having received a favorable report from the Chester County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Chester County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:
At-Large:
Mr. Tommy Lee Davis, Post Office Box 1016, Chester, S.C. 29706 VICE Ernest L. Atkinson (deceased)
On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Stan Lott of Rock Hill, S.C.
At 12:36 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
Senators McCONNELL and GIESE desired to be recorded as voting against the motion to adjourn.
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of St. Paul to the Romans who knew what it was to be embroiled in the cross-currents of political life. (6:10-13):
"For our struggle is not against enemies of
blood and flesh, but against... the cosmic
powers of this present darkness, against the
spiritual forces of evil in the heavenly
places. Therefore take up the whole armor
of God..."
Let us pray.
Lord, God, we are not among those who dismiss the words of St. Paul as "talk of outmoded ideas from ancient demonology."
We do not turn these matters over to psychiatrists to be rationalized away.
We experience the reality of "The-Evil-One" every day.
Call him Devil. Call him Satan. Call him the father of lies. There is a spirit that inheres in mankind's nature that hates... and distorts the truth.
Give us the armor to control the spirit of whatever it is that "goeth about seeking whom he may devour."
Grant us victory, O Lord, over every temptation.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator GIESE introduced Dr. Marion McFarland of Columbia, S.C., Doctor of the Day.
Columbia, S.C., March 21, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following appointment:
Initial Appointment, Horry County Master-in-Equity, with term to commence July 31, 1991, and to expire July 31, 1997:
Honorable James Stanton Cross, Jr., 1040 Chelsey Circle, Conway, S.C. 29526
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 21, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following appointment:
Reappointment, Lee County Master-in-Equity, with term to commence December 31, 1995, and to expire December 31, 2001:
Honorable Robert D. Jennings, 1 Courthouse Square, Bishopville, S.C. 29010
Very respectfully,
Speaker of the House
Received as information.
S. 699 -- Senator Richter: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
There was no objection.
On motion of Senator DRUMMOND, with unanimous consent, the Bill was ordered placed on the Calendar.
S. 994 -- Senators Greg Smith and McGill: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF SEPTEMBER 26, 1995, MISSED BY THE STUDENTS OF ANDREWS HIGH SCHOOL IN THE GEORGETOWN COUNTY SCHOOL DISTRICT WHEN THIS SCHOOL WAS CLOSED DUE TO FIRE AND SMOKE DAMAGE IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES MUST BE MADE UP.
Senator SETZLER asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.
There was no objection.
On motion of Senator SETZLER, with unanimous consent, the Resolution was ordered placed on the Calendar.
The following were introduced:
S. 1277 -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-39-155 SO AS TO CREATE A COMMISSION APPOINTED BY THE STATE BOARD OF EDUCATION TO GOVERN BEGINNING JULY 1, 1996, INTERSCHOLASTIC ATHLETIC AND OTHER ACTIVITIES NOW UNDER THE JURISDICTION OF THE SOUTH CAROLINA HIGH SCHOOL LEAGUE.
Read the first time and referred to the Committee on Education.
S. 1278 -- Senator Holland: A BILL TO AMEND SECTION 1-7-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO DELETE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA
Read the first time and referred to the Committee on Judiciary.
S. 1279 -- Senator Greg Smith: A BILL TO AMEND CHAPTER 57, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1280 -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-58-120 SO AS TO PROVIDE THAT AN ANNUAL COMPLIANCE REVIEW OF A MORTGAGE LOAN BROKER SHALL NOT BE CONDUCTED UNLESS A LEGITIMATE, VERIFIABLE COMPLAINT IS FILED WITH THE DEPARTMENT OF CONSUMER AFFAIRS.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1281 -- Senator Thomas: A BILL TO AMEND SECTION 37-5-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, DEBTORS' REMEDIES, AND CIVIL LIABILITY FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO PROVIDE THAT CERTAIN PROVISIONS OF THIS SUBSECTION SHALL NOT BE CONSTRUED TO IMPOSE CIVIL LIABILITY OR PENALTIES ON AN ARRANGER OF CREDIT WHEN DISCLOSURE CONSTITUTING A VIOLATION OF THE FEDERAL TRUTH IN LENDING ACT IS ACTUALLY COMMITTED BY ANOTHER PERSON AND THE ARRANGER OF THE CREDIT HAS NO KNOWLEDGE OF THE VIOLATION WHEN IT OCCURRED, AND TO REQUIRE THE CREDITOR TO PROVIDE A COPY OF THE FINAL CLOSING DOCUMENTS TO THE ARRANGER OF CREDIT; TO AMEND SECTION 40-58-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE PROVISIONS OF LAW ON THE
Read the first time and referred to the Committee on Banking and Insurance.
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