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Printed Page 350, Feb. 1
| Printed Page 370, Feb. 1
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S. 66 -- Senators McConnell, Rose and Leventis: A BILL TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES, AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE SUCH CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS, AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; AND ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
Senator McCONNELL spoke on the Bill.
Senators SHORT and HAYES proposed the following Amendment No. 1 (66R001.LHS), which was adopted:
Amend the Senate Labor, Commerce and Industry Committee Amendment, as and if amended, on page 66-1, by striking lines 35 through the end of line 42, and on page 66-2, by striking line 1 in its entirety.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
Amend the bill, as and if amended, by striking the first sentence of Section 6-9-10 of the 1976 Code as contained in SECTION 1 and inserting:
/All municipalities, as defined by Section 5-1-20, and counties in this State is authorized to shall adopt building, energy, housing, electrical, plumbing, and mechanical, gas, and fire codes, referred to as building codes in this chapter, relating to the construction, livability, sanitation, erection, energy efficiency, installation of equipment, alteration, repair, occupancy, or removal of building and structures located within its jurisdiction their jurisdictions and promulgate regulations to implement the codes their enforcement./
Amend the bill further, as and if amended, page 2, beginning on line 35, in Section 6-9-10, by adding a new sentence to read:
/The adoption and enforcement of any codes regarding manufactured housing shall be reserved to the federal Department of Housing and Urban Development except that the South Carolina Manufactured Housing Board may adopt and enforce such regulations where permitted by federal law. However, the governing body of a county or municipality may enforce the installation regulations adopted by the South Carolina Manufactured Housing Board./
Amend the bill further, as and if amended, beginning on line 41, page 2, in Section 6-9-20, by striking the first sentence and inserting:
/Municipalities and counties may establish agreements with other governmental entities of the State to issue permits and enforce building codes in order to provide the services required by this chapter./
Amend the bill further, as and if amended, page 3, line 8, in Section 6-9-20, by inserting after /in/ /the appendices to/
Amend the bill further, as and if amended, page 3, by striking items (1), (2), and (3) of Section 6-9-30 and inserting:
/(1) municipalities and counties with a population above 70,000: one year after the effective date of this provision;
(2) municipalities and counties with a population of 35,000 to 70,000: two years after the effective date of this provision;
(3) municipalities and counties with a population under 35,000: three years after the effective date of this provision./
Amend the bill further, as and if amended, page 4, by striking Section 6-9-50 and inserting:
/"Section 6-9-50. County governing bodies have the authority to establish codes and promulgate regulations under this chapter for the entire
The governing body of a county may not enforce that portion of a nationally recognized fire prevention code it has adopted which may regulate outdoor burning for forestry, wildlife, and agricultural purposes as regulated by the South Carolina Forestry Commission."/
Amend the bill further, as and if amended, page 5, in Section 6-9-60, by striking /thirteen/ on line 8 and inserting /thirteen fifteen/.
Amend the bill further, as and if amended, page 5, beginning on line 9, by striking the second paragraph of Section 6-9-60 and inserting:
/Members of this the council must be appointed by the Governor for terms of four years each and until a successor is appointed and qualifies. The council shall consist of include an architect registered in South Carolina, representatives a representative from the Municipal Association of South Carolina, a representative from the South Carolina Association of Counties, the Building Officials' Association of South Carolina, South Carolina Building Trade Council, a representative from of the electric utility electrical industry who is either an engineer or master electrician registered in South Carolina, a representative of the Carolinas Branch of the Associated General Contractors of America, Inc., representatives from the gas, electric, and plumbing industries, a representative of the Home Builders Association of South Carolina, a general contractor licensed in South Carolina, a residential home builder licensed in South Carolina, a handicapped person, and the Chief Engineer of the State Budget and Control Board a representative of the mechanical and gas industries who is either an engineer registered in South Carolina or a master mechanic, a representative of the plumbing industry who is either an engineer registered in South Carolina or a master plumber, a representative designated by the State Engineer of the Budget and Control Board, a structural engineer registered in South Carolina, a certified building
Amend the bill further, as and if amended, page 7, by adding at the end of Section 6-9-70:
/However, prior to being charged with a second violation, an individual must be given seven working days to remedy the violation. If no substantial progress is made toward correcting the violation by the end of the seventh working day, every day of violation thereafter is considered a separate violation./
Amend the bill, as and if amended, page 7, by striking Section 6-9-90 and inserting:
/"Section 6-9-90. County or municipal governing bodies are authorized to appropriate and expend funds to implement the provisions of this
Amend the bill further, as and if amended, page 7, by striking Section 6-9-110 and inserting:
/"Section 6-9-110. In no event may any A county, municipal, or other local ordinance or regulation which requires the purchase or acquisition of a permit, license, or other device utilized to enforce any a building standard be construed to does not apply to any a state department, institution, or agency permanent improvement project, construction project, renovation project, or property. After successful completion of all requirements, the State Fire Marshal shall certify personnel of the State Engineer's Office of the Budget and Control Board designated by the State Engineer. The certified personnel and deputy state fire marshals, including resident state fire marshals, have exclusive jurisdiction over state buildings, excluding schools, in the exercise of the powers and jurisdictional authority of the State Fire Marshal under Sections 23-9-30, 23-9-40, and 23-9-50."/
Amend the bill further, as and if amended, page 8, by striking Section 6-8-10 and inserting:
/"Section 6-8-10. When used in this chapter `building codes enforcement officer' means a person employed by a public entity who is primarily responsible for the overall inspection or enforcement of applicable building code requirements within the jurisdiction of the employer."/
Amend the bill further, as and if amended, page 8, by striking the last sentence of Section 6-8-20(A) and inserting:
/The council may promulgate regulations for the proper enforcement of this chapter./
Amend title to conform.
Renumber sections to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (JIC\5990HTC.95) previously proposed on May 11, 1995, by Senators LEATHERMAN, DRUMMOND, J. VERNE SMITH and JACKSON.
On motion of Senator DRUMMOND, the Bill was carried over.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
S. 144 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND TERMS OF OFFICE OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT THE BOARD'S OFFICE MAY BE LOCATED AT A PLACE OTHER THAN THE COUNTY SEAT WHEN IT IS NOT POSSIBLE OR PRACTICABLE TO DO SO.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (JUD144.002), proposed by Senator McCONNELL and previously printed in the Journal of Tuesday, January 30, 1996.
On motion of Senator MATTHEWS, the Bill was carried over.
H. 3106 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION, OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator DRUMMOND, the Bill was carried over.
H. 4005 -- Reps. Richardson and Cato: A BILL TO AMEND SECTION 38-77-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE SOUTH CAROLINA REINSURANCE FACILITY AND THE FACILITY'S DUTIES GENERALLY, SO AS TO PROVIDE THAT FOR MULTI-VEHICLE INSURANCE POLICIES, ONE OR MORE VEHICLES MAY BE CEDED TO THE FACILITY AS LONG AS THE INSURER IDENTIFIES TO THE FACILITY AND THE INSURED
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (S-INS-001) proposed by Senators LAND and SALEEBY and previously printed in the Journal of Wednesday, January 31, 1996.
On motion of Senator McCONNELL, the Bill was carried over.
H. 3878 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF WHITE PERCH, SO AS TO DELETE THE REQUIREMENT THAT ONLY FRESH FISH ON ICE WITH AN INVOICE NOT OVER TWO WEEKS OLD MAY BE SOLD, THE PROHIBITION ON THE SALE OF FROZEN FISH, AND THE DATES THE FISH MAY BE SOLD.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator LEATHERMAN proposed the following Amendment No. 1 (DKA\3491CM.96), which was adopted:
Amend the bill, as and if amended, Section 50-13-1760, SECTION 1, page 1, line 26, by striking /an invoice/ and inserting / an invoice documentation which indicates the date of purchase and where the fish were purchased /;
line 28, by striking / The invoice / and inserting / The invoice This documentation/;
line 34, by striking / invoice / and inserting / invoice documentation/;
line 36, by striking / bill of sale / and inserting / bill of sale documentation notice ; and
line 38, by striking / invoice number / and inserting / invoice number documentation/.
Amend title to conform.
Senator LEATHERMAN explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
S. 260 -- Senators O'Dell, Bryan, Elliott, Land, Leatherman, Leventis, Martin, McGill, Waldrep, Washington, Hayes, Reese and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-665 SO AS TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION SHALL CONSTRUCT AND MAINTAIN TURNING LANES ENTERING AND EXITING SECONDARY PUBLIC EDUCATION FACILITIES.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator LEATHERMAN moved to carry over the Bill.
Senator BRYAN moved to table the motion to carry over.
The motion to carry over was laid on the table.
Senator O'DELL argued in favor of the Bill.
Senator CORK argued contra to the Bill.
Senator CORK moved to carry over the Bill.
Senator BRYAN moved to table the motion to carry over.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Courson Courtney Drummond Elliott Fair Ford Giese Glover Hayes Holland Jackson Lander Leatherman Leventis Martin Matthews McGill Mescher
Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Setzler Short Washington Wilson
Cork Gregory Ryberg Smith, J.V.
The motion to carry over was laid on the table.
The question then was the third reading of the Bill.
The Bill was read the third time, passed and ordered sent to the House of Representatives.
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 NOT REQUIRED TO MAKE A FINDING AS TO THE REASONABLENESS OF THE ATTORNEY FEES.
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| Printed Page 370, Feb. 1
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