Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Father God, we come in a childlike faith asking You to make this altar of prayer a pavilion of Your never failing presence. We are awe stricken when we think of our following generations' inheritance from our fumbling hands. Give us, then, a right judgment in all things. Make us so transparently just and fair that all which is false and every lurking evil may be transplanted by Your truth. Give us clean thoughts, kind hearts, and a sure faith, lest in foolish futility we attempt to build on sinking sand rather than on Him Who is the eternal Rock of ages.
Lord, in Your mercy, hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. J. BROWN moved that when the House adjourns, it adjourn in memory of Dr. Julian E. Grant of Newberry, which was agreed to.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3404 (Word version) -- Reps. Meacham, Quinn, G. Brown, Sandifer, Trotter, Klauber, Fleming, Keegan, Kennedy, Lee, D. Smith, Haskins, Harrell and Cato: A BILL TO AMEND SECTION 58-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, ENERGY SUPPLY AND EFFICIENCY, AND DEFINITIONS, SO AS TO DELETE THE DEFINITION OF "INTEGRATED RESOURCE PLAN"; TO AMEND SECTION 58-37-20, RELATING TO THE REQUIREMENT THAT THE PUBLIC SERVICE COMMISSION ADOPT PROCEDURES ENCOURAGING ENERGY EFFICIENCY AND CONSERVATION, SO AS TO, AMONG OTHER THINGS, AUTHORIZE, RATHER THAN REQUIRE, THE COMMISSION TO ADOPT SUCH PROCEDURES; AND TO REPEAL SECTION 58-37-40, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, ENERGY SUPPLY AND EFFICIENCY, AND INTEGRATED RESOURCE PLANS.
Ordered for consideration tomorrow.
The following was introduced:
H. 3559 (Word version) -- Reps. Cooper, Jordan, Maddox, Martin, Stille and Townsend: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING THE ANDERSON COUNTY VOTER REGISTRATION AND ELECTION COMMISSION AND ITS DIRECTOR, MRS. PAN MILLWOOD, AND STAFF FOR BEING HONORED AS THE MOST OUTSTANDING OFFICE FOR 1996 BY THE STATE OF SOUTH CAROLINA ELECTION COMMISSION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3401 (Word version) -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS OF SURPLUS GENERAL FUND REVENUES AND TO AMEND SECTION 12-43-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STANDARDIZED PROPERTY TAX BILL, SO AS TO REVISE THE STANDARDIZED REQUIREMENTS AND MAKE THEM APPLICABLE TO BILLS FOR TAXES DUE ON REAL PROPERTY.
Without reference.
H. 3402 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1996-97.
Without reference.
H. 3545 (Word version) -- Reps. Koon, Knotts, Riser and Rice: A BILL TO REPEAL SECTION 12-60-1755, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY TREASURER'S DUTY TO CREDIT PROPERTY TAXES PAID IN ERROR OR ORIGINALLY ERRONEOUSLY CREDITED.
Referred to Committee on Ways and Means.
H. 3546 (Word version) -- Reps. Knotts, Whatley, Bauer, Rice and Koon: A BILL TO AMEND SECTION 20-7-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING EMERGENCY PHYSICAL OR PROTECTIVE CUSTODY OF A CHILD BY LAW ENFORCEMENT OFFICERS, SO AS TO CHANGE THE TIME WITHIN WHICH THE DEPARTMENT OF SOCIAL SERVICES SHALL CONDUCT A PRELIMINARY INVESTIGATION TO DETERMINE WHETHER GROUNDS FOR ASSUMING LEGAL CUSTODY OF THE CHILD EXIST; TO PROVIDE THAT UPON CONCLUDING AFTER A PRELIMINARY INVESTIGATION THAT THE CHILD SHOULD BE RETURNED TO THE CHILD'S PARENT, GUARDIAN, OR CUSTODIAN, THE DEPARTMENT SHALL CONSULT WITH THE LAW ENFORCEMENT AGENCY RATHER THAN THE LAW ENFORCEMENT OFFICER WHO TOOK EMERGENCY PHYSICAL CUSTODY OF THE CHILD, AND THAT IF THE AGENCY OBJECTS TO THE RETURN OF THE CHILD, THE DEPARTMENT MUST ASSUME LEGAL CUSTODY OF THE CHILD UNTIL A PROBABLE CAUSE HEARING CAN BE HELD; TO CHANGE THE TIME WITHIN WHICH THE DEPARTMENT OF SOCIAL SERVICES SHALL CONDUCT A PRELIMINARY INVESTIGATION UNDER THIS SECTION TO NINETY-SIX HOURS RATHER THAN SEVENTY-TWO HOURS AFTER THE CHILD WAS TAKEN INTO EMERGENCY PROTECTIVE CUSTODY BY A LAW ENFORCEMENT OFFICER; TO PROVIDE THAT THE FAMILY COURT SHALL SCHEDULE A PROBABLE CAUSE HEARING TO BE HELD WITHIN NINETY-SIX HOURS RATHER THAN SEVENTY-TWO HOURS OF THE TIME THE CHILD WAS TAKEN INTO EMERGENCY PROTECTIVE CUSTODY OR WITHIN SEVENTY-TWO HOURS OF THE TIME THE CHILD WAS TAKEN INTO EMERGENCY PHYSICAL CUSTODY IF LEGAL CUSTODY SUBSEQUENTLY WAS ASSUMED BY THE DEPARTMENT; AND TO PROVIDE THAT IF THE FOURTH DAY, RATHER THAN THE THIRD DAY, FALLS UPON A SATURDAY, SUNDAY, OR HOLIDAY, THE PROBABLE CAUSE HEARING MUST BE HELD NO LATER THAN THE NEXT WORKING DAY.
Referred to Committee on Judiciary.
H. 3547 (Word version) -- Reps. Knotts, Bauer, Limbaugh, Rice, Koon and Whatley: A BILL TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES, FINES, AND FORFEITURE PROCEDURES ASSOCIATED WITH THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO NOT ALLOW A CONFISCATED PISTOL TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO ALLOW A CONFISCATED PISTOL TO BE DESTROYED; TO AMEND SECTION 16-23-405, RELATING TO THE DEFINITION OF WEAPON, AND TO THE CONFISCATION AND DISPOSITION OF WEAPONS USED IN THE COMMISSION OR FURTHERANCE OF A CRIME, SO AS TO ALLOW A LAW ENFORCEMENT AGENCY THAT RECEIVES A CONFISCATED WEAPON TO TRADE IT WITH CERTAIN RETAIL DEALERS, TO NOT ALLOW A CONFISCATED WEAPON TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL, AND TO ALLOW A CONFISCATED WEAPON TO BE DESTROYED; TO AMEND SECTION 23-31-180, AS AMENDED, RELATING TO THE FORFEITURE AND DESTRUCTION OF PISTOLS DECLARED TO BE CONTRABAND, SO AS TO NOT ALLOW PISTOLS DECLARED TO BE CONTRABAND TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO REQUIRE THESE WEAPONS TO BE EITHER DESTROYED OR DISPLAYED; AND TO REPEAL SECTION 16-23-500 RELATING TO THE AUTHORITY OF CLERKS OF COURT AND MAYORS TO SELL CONFISCATED OR FORFEITED WEAPONS.
Referred to Committee on Judiciary.
H. 3548 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 12-8-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING OF RETURNS AND PAYMENT BY A WITHHOLDING AGENT, SO AS TO DELETE REFERENCE TO "MAKE A RETURN"; TO AMEND SECTION 12-8-1530, RELATING TO FILING OF QUARTERLY RETURNS BY A WITHHOLDING AGENT, SO AS TO PROVIDE A DEADLINE FOR FILING THE FOURTH QUARTER RETURN; TO AMEND SECTION 12-8-1550, RELATING TO FILING OF STATEMENTS BY A WITHHOLDING AGENT, SO AS TO PROVIDE THAT INFORMATION MAY BE FILED ON MAGNETIC MEDIA.
Referred to Committee on Ways and Means.
H. 3549 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND UTTERING A FRAUDULENT CHECK, SO AS TO PROVIDE FOR CHECKS WRITTEN IN PAYMENT OF PRESENTLY OR PAST DUE LOCAL TAXES; AND TO AMEND ARTICLE 1, CHAPTER 49, TITLE 12, RELATING TO ENFORCED COLLECTION OF TAXES, BY ADDING SECTION 12-49-95 SO AS TO PROVIDE LOCAL GOVERNMENTS THE ALTERNATIVE COLLECTION PROCEDURE PROVIDED IN CHAPTER 11, TITLE 34 FOR FRAUDULENT CHECKS.
Referred to Committee on Judiciary.
H. 3550 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 12-54-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION OF DISCLOSURE OF INFORMATION FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO ALLOW EXAMINATION OF INFORMATION BY PERSONS CONTRACTED WITH FOR AUDIT OF STATEWIDE FINANCIAL STATEMENTS OR COLLECTION OF DELINQUENT TAXES, AND TO SUBSTITUTE "DEPARTMENT" FOR "COMMISSION".
Referred to Committee on Ways and Means.
H. 3551 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 12-37-251, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PROPERTY TAX RELIEF FUND, SO AS TO PROVIDE FOR CALCULATION OF THE PROPERTY TAX EXEMPTION USING THE LOWER OF THE SCHOOL OPERATING MILLAGE IMPOSED FOR TAX YEAR 1995 OR FOR THE CURRENT TAX YEAR; TO AMEND SECTION 12-37-750, RELATING TO THE ASSESSMENT AND COLLECTION OF PROPERTY NOT RETURNED, SO AS TO INCLUDE BUSINESS PERSONAL RETURNS FILED WITH THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE EQUALIZATION AND ASSESSMENT OF PROPERTY, SO AS TO PROVIDE A REVISED FORMULA FOR CALCULATION OF FAIR MARKET VALUE FOR AGRICULTURAL PURPOSES; TO AMEND SECTION 12-51-40, AS AMENDED, RELATING TO LEVY AND EXECUTION BY DISTRESS AND SALE OF PROPERTY TO SATISFY DELINQUENT COUNTY TAXES, SO AS TO PROVIDE COUNTIES THE ALTERNATIVE COLLECTION PROCEDURES PROVIDED FOR IN CHAPTER 56, TITLE 12; AND TO AMEND SECTION 12-60-2150, RELATING TO THE RIGHT OF A CONTESTED HEARING IN REFUND DETERMINATIONS, SO AS TO REPLACE "COUNTY ASSESSOR" WITH "LOCAL GOVERNING BODY".
Referred to Committee on Ways and Means.
H. 3552 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 12-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE COUNTY ASSESSOR, SO AS TO PROVIDE FOR THE RESPONSIBILITY AND RIGHT TO ENTER AND EXAMINE NEW NONRESIDENTIAL STRUCTURES BEFORE OCCUPANCY AND PORTIONS OF EXISTING BUILDINGS COVERED BY BUILDING PERMITS.
Referred to Committee on Labor, Commerce and Industry.
H. 3553 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 12-37-266, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTIONS FOR DWELLINGS HELD IN TRUST, SO AS TO PROVIDE FOR APPLICATION FOR THE EXEMPTION EFFECTIVE UNTIL OWNERSHIP STATUS CHANGES AND TO PROVIDE FOR PENALTIES FOR UNREPORTED CHANGES IN CLASSIFICATION.
Referred to Committee on Ways and Means.
H. 3554 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO CLARIFY THE CIRCUMSTANCES FOR EXEMPTION OF TANGIBLE PERSONAL PROPERTY PURCHASED PURSUANT TO A CONTRACT WITH THE FEDERAL GOVERNMENT.
Referred to Committee on Ways and Means.
H. 3555 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR PAYMENT BY CREDIT CARD, SUBJECT TO APPROVAL AND IMPOSITION OF A VOLUNTARY AND NONREFUNDABLE SURCHARGE BY THE COUNTY GOVERNING BODY.
Referred to Committee on Ways and Means.
H. 3556 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 12-54-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIME LIMITS FOR ASSESSMENT OF TAXES, SO AS TO DELETE REFERENCES TO FEES AND TO CLARIFY THE TIME LIMIT FOR FILING A CLAIM FOR CREDIT OR REFUND.
Referred to Committee on Ways and Means.
H. 3557 (Word version) -- Reps. Wilkins and H. Brown: A BILL TO AMEND SECTION 6-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCOMMODATIONS TAX OVERSIGHT COMMITTEE, SO AS TO ELIMINATE THE COMMITTEE AND DEVOLVE ITS OVERSIGHT FUNCTION ON THE DEPARTMENT OF REVENUE AND TO DEVOLVE THE REPORTING REQUIREMENT ON THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
Referred to Committee on Ways and Means.
H. 3558 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 12-51-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE AN ALTERNATIVE SITE FOR THE SALE AND TO SPECIFY FORMS OF PAYMENT.
Referred to Committee on Ways and Means.
H. 3560 (Word version) -- Reps. Beck, Fleming, Harvin, Hawkins, Easterday, Mason, R. Smith, Robinson, Hamilton, D. Smith and Sharpe: A BILL TO AMEND SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, SO AS TO CLARIFY THAT THIS PROVISION DOES NOT PROHIBIT THE REGULATION OF THESE MACHINES PURSUANT TO THE VIDEO GAMES MACHINES ACT, INCLUDING ITS LOCAL OPTION LOCAL REGULATION PROVISIONS OTHER THAN REGULATION OF THESE MACHINES; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO LICENSES FOR COIN-OPERATED DEVICES, SO AS TO ALLOW MUNICIPALITIES AND COUNTIES TO IMPOSE LOCAL LICENSE FEES NOT TO EXCEED THE AMOUNT OF THE STATE FEE AND TO DELETE THE RESTRICTION ON MUNICIPALITIES ON REGULATING THE NUMBER OF MACHINES; TO AMEND SECTION 12-21-2746, RELATING TO THE LIMIT ON MUNICIPAL AND BUSINESS LICENSE TAXES THAT MAY BE IMPOSED ON THE COIN-OPERATED MACHINE BUSINESS, SO AS TO DELETE THE LIMIT; AND TO AMEND SECTION 12-21-2804, SO AS TO ALLOW MUNICIPALITIES AND COUNTIES BY ORDINANCE TO REGULATE MACHINES AS DEFINED IN THE VIDEO GAME MACHINE ACT MORE STRICTLY THAN THE STATE RESTRICTIONS IMPOSED PURSUANT TO THAT ACT.
Referred to Committee on Ways and Means.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Canty Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Gourdine Hamilton Harrell Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Law Leach Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neilson Parks Phillips Pinckney Rhoad Rice Riser Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Thursday, February 27.
James H. Harrison Bill Cotty Theodore A. Brown Alfred B. Robinson, Jr. Steve P. Lanford Jerry N. Govan, Jr. Joseph H. Neal John G. Felder Alma W. Byrd Brenda Lee Larry L. Koon Harry C. Stille
The SPEAKER granted Rep. SPEARMAN a leave of absence for the day.
Announcement was made that Dr. Larry Klein of Columbia is the Doctor of the Day for the General Assembly.
Rep. H. BROWN moved that when the House adjourns today that it adjourn to meet in local session on Friday, February 28, 1997, and to convene at 1:00 P.M. Monday, March 3, 1997, in statewide session, which was agreed to.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3299 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 38-75-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION THAT INSURANCE CONTRACTS FOR LEGAL SERVICES MUST PROVIDE THE RIGHT OF AN ATTORNEY OF CHOICE, SO AS TO CHANGE "A CONTRACTUAL OBLIGATION FOR LEGAL SERVICES" TO "A CONTRACTUAL OBLIGATION FOR REIMBURSEMENT OF LEGAL SERVICES".
H. 3514 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SUMMER SESSIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1934, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3515 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PROFESSIONAL PERSONNEL COMPENSATION GUIDES AND CONTRACTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1943, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3516 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADJUSTMENT IN INSTRUCTIONAL TIME FOR BASIC SKILLS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1957, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. H. 3517 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPETITIVE SCHOOL INNOVATION GRANTS PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1988, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3518 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT AND SCHOOL SAFETY (AMEND), DESIGNATED AS REGULATION DOCUMENT NUMBER 1990, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3519 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EMERGENCY DRILLS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1999, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3520 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STAFF PROTECTION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2003, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3521 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FIRST AID, DESIGNATED AS REGULATION DOCUMENT NUMBER 2030, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. H. 3523 (Word version) -- Reps. Jennings, Boan, Sheheen, Neilson, H. Brown, Baxley, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, G. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A BILL TO AMEND CHAPTER 66, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA FOLK HERITAGE AWARD, SO AS TO RENAME THIS AWARD THE "JEAN LANEY HARRIS FOLK HERITAGE AWARD".
H. 3525 (Word version) -- Rep. Sharpe: A JOINT RESOLUTION TO PROVIDE EMERGENCY MEASURES FOR CONTROLLING KARNAL BUNT DISEASE BY THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE AND THE STATE CROP PEST COMMISSION UNTIL JUNE 30, 1998.
The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 407 (Word version) -- Senators Drummond, Courson, Giese, Moore, Hutto, Alexander, Anderson, Bryan, Cork, Courtney, Elliott, Fair, Ford, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington, Williams and Wilson: A JOINT RESOLUTION TO CREATE THE STROM THURMOND MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
The following Joint Resolution was taken up.
S. 361 (Word version) -- Senator Mescher: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN STUDENTS FOR THE 1996-97 SCHOOL YEAR ARE EXEMPT FROM THE REQUIREMENTS OF SECTION 59-39-160 OF THE 1976 CODE AND MAY PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES UNDER SPECIFIED CONDITIONS.
Rep. LAW explained the Joint Resolution.
Reps. SHEHEEN, T. BROWN, J. SMITH, ALTMAN, HASKINS, KENNEDY, SIMRILL, COTTY and INABINETT requested debate on the Joint Resolution.
The following Bill was taken up.
H. 3103 (Word version) -- Reps. J. Brown and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-260 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR A PERSON PERFORMING AN EARLY PERIODIC SCREENING, DIAGNOSIS, AND TREATMENT SCREENING (EPSDT) OR EXAMINATION OF A CHILD TO REFER THE CHILD TO AN APPROPRIATE AGENCY FOR AN ASSISTIVE TECHNOLOGY EVALUATION IF IT IS DETERMINED THAT THE CHILD MAY BENEFIT FROM SUCH TECHNOLOGY.
Rep. WILDER explained the Bill.
Rep. LOFTIS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3065 (Word version) -- Reps. Limehouse, Baxley, Seithel, Altman, Whatley, Vaughn, Simrill, Harrell and Hinson: A BILL TO AMEND SECTION 50-11-852, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL MOLESTING OR KILLING OF BIRDS OF PREY, SO AS TO INCREASE THE PENALTIES FOR VIOLATION IF THE BIRD OF PREY IS A BALD EAGLE, AND PROVIDE THAT THE PERSON CONVICTED SHALL LOSE HIS HUNTING LICENSE AND BE PROHIBITED FROM HUNTING IN THIS STATE FOR A PERIOD OF FIFTEEN YEARS IF THE BALD EAGLE WAS KILLED AND FOR A PERIOD OF FIVE YEARS IF THE BALD EAGLE WAS MOLESTED.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20163SD.97), which was adopted.
Amend the bill, as and if amended, by striking Section 50-11-852 of the 1976 Code, as contained in SECTION 1, and inserting:
/Section 50-11-852. It is unlawful for any person to molest or kill any of the birds of prey within this State. Birds of prey include all hawks, eagles, falcons, kites, vultures, owls, and ospreys. Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than a hundred dollars or imprisoned for not more than thirty days. However, if the bird of prey is a bald eagle, the person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or be imprisoned for not less than thirty days nor more than one year, or both.
If the bird of prey is a bald eagle, the person convicted shall also lose his privilege to hunt in this State for a period of five years from the date he is convicted of this offense if the bald eagle was killed and for a period of five years if the bald eagle was molested. 'Convicted' for purposes of this section includes a plea of guilty or nolo contendere to the offense./
Renumber sections to conform.
Amend title to conform.
Rep. WITHERSPOON 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. WITHERSPOON, with unanimous consent, it was ordered that H. 3065 (Word version) be read the third time tomorrow.
The following Bill was taken up.
H. 3135 (Word version) -- Rep. Webb: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-285 SO AS TO PROVIDE THAT IN ANY PROSECUTION FOR A VIOLATION OF STATE FISH, GAME, WILDLIFE, OR NATURAL RESOURCES LAWS, PHOTOGRAPHS OF EITHER WILDLIFE OR FISH ALLEGED TO HAVE BEEN TAKEN, POSSESSED, SOLD, TRANSPORTED, OR IMPORTED ILLEGALLY MUST BE CONSIDERED COMPETENT EVIDENCE OF THE WILDLIFE OR FISH AND MUST BE ADMISSIBLE IN ANY PROCEEDING OF THE CASE TO THE SAME EXTENT AS IF THE WILDLIFE OR FISH HAD BEEN INTRODUCED AS EVIDENCE.
Rep. WITHERSPOON explained the Bill.
Rep. FLEMING made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up. H. 3155 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY.
The Committee on Agriculture, Natural Resources and Environmental Affairs proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9131JM.97).
Amend the bill, as and if amended, page 1, lines 24 through 32, as contained in SECTION 1, by striking Section 50-1-290 and inserting:
/Section 50-1-290. It is unlawful to buy, sell, trade, or barter or offer for sale or offer to buy any protected wild mammals and birds or parts of mammals or birds except as specifically allowed by this title. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars and not more than five hundred dollars or imprisoned up to thirty days./
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
Rep. TRIPP made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3180 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-17-665, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITS ON THE AMOUNT OF SHRIMP AUTHORIZED TO BE TAKEN OVER BAIT, SO AS TO IMPOSE CATCH AND POSSESSION LIMITS ON SHRIMP, AND TO REVISE THE PENALTIES FOR VIOLATIONS INCLUDING THE FORFEITURE OF SPECIFIED PERSONAL PROPERTY FOR CERTAIN VIOLATIONS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20059SD.97), which was adopted.
Amend the bill, as and if amended, in subsection (B) of Section 50-17-665 of the 1976 Code, as contained in SECTION 1, by striking /to/ on line 26, page 2, and inserting /to/
When amended subsection (B) shall read:
"(B) It is unlawful for any a person to have in his immediate control or possession more than forty-eight quarts of whole shrimp or twenty-nine quarts of headed shrimp while on upon the waters or the lands immediately adjacent to the waters from May first through December fifteenth. The possession limit is ninety-six quarts of whole shrimp or fifty-eight quarts of headed shrimp while not on the waters or lands immediately adjacent to the waters unless a person has in possession a bill of lading or receipt showing that the shrimp have been purchased from a licensed retail or wholesale dealer. This subsection does not apply to any a commercial fisherman licensed trawler lawfully fishing and/or transporting his the catch to a licensed wholesale seafood dealer, or to any a licensed dealer distributing his product, or to a properly licensed bait dealer harvesting or distributing his product."
Amend the bill further, as and if amended in subsection (C) of Section 50-17-665 of the 1976 Code, as contained in SECTION 1 by inserting after /dealer/ on line 37, page 2, /or to a licensed dealer/
When amended subsection (C) shall read:
/(C) From December sixteenth through April thirtieth, except as otherwise provided for in this subsection, it is unlawful for a person to have in his immediate control or possession more than a total of twelve dozen live or dead shrimp while upon the waters of the State. When a boat is being used to catch or transport shrimp, one limit is allowed among all persons in the boat. This subsection does not apply to a licensed trawler lawfully fishing and/or transporting the catch to a licensed dealer or to a licensed dealer distributing his product, or to a properly licensed bait dealer harvesting or distributing his product. No trawler may have a cast net or other recreational shrimping gear aboard during this period. Charter fishing vessels properly licensed under Sections 50-20-30 and 50-20-50 may not have aboard more than a total of twenty-five dozen live or dead shrimp while upon the waters of this State from December sixteenth through April thirtieth./
Amend the bill further, as and if amended, by striking subsection (F) of Section 50-17-665 of the 1976 Code, as contained in SECTION 1, and inserting:
/(F) A person or captain of a charter fishing vessel who violates subsection (C):
(1) is guilty of a misdemeanor and, upon conviction for a first offense, must be fined two hundred dollars or imprisoned not more than thirty days and the shrimp must be seized and forfeited as provided in Section 50-17-650.
(2) For a second or subsequent offense, is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars or imprisoned for not more than thirty days and the boat, motor, trailer, rigging, coolers, fishing devices, and shrimp catch must be seized and forfeited as provided in Section 50-17-650. In addition, their coastal fishing privileges and associated licenses and permits must be suspended for one year./
Renumber sections to conform.
Amend title to conform.
Rep. WITHERSPOON 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. WITHERSPOON, with unanimous consent, it was ordered that H. 3180 (Word version) be read the third time tomorrow.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3318 (Word version) -- Reps. Townsend, Rhoad, Webb, Sharpe, Sandifer, Martin, Barrett and Witherspoon: A BILL TO AMEND SECTIONS 46-21-60 AND 46-21-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF A FOUNDATION SEED ORGANIZATION FOR THE PURPOSE OF FOSTERING THE PRODUCTION, PROCESSING, AND DISTRIBUTION OF FOUNDATION HYBRID SEED CORN AND OTHER CROP SEED AND PROVIDE FOR THE COOPERATION OF VARIOUS OTHER AGENCIES IN CARRYING OUT THE PURPOSES OF THE FOUNDATION, SO AS TO PROVIDE THAT THE PURPOSE OF THE FOUNDATION IS AIMED AT THE PRODUCTION, PROCESSING, AND DISTRIBUTION OF PURE VARIETIES OF CROP SEEDS AND PLANTS RATHER THAN FOUNDATION HYBRID SEED CORN AND OTHER CROP SEEDS, DELETE THE AUTHORITY OF THE SOUTH CAROLINA CROP IMPROVEMENT ASSOCIATION TO BE VESTED WITH CERTAIN POWERS, DELETE THE REQUIREMENT THAT AGENCIES COOPERATE WITH THE ASSOCIATION, EXCEPT FOR THE DEPARTMENT OF AGRICULTURE, AND ADD CLEMSON UNIVERSITY AS AN ENTITY RESPONSIBLE FOR CARRYING OUT THE PURPOSES OF SECTION 46-21-60.
Rep. RHOAD explained the Bill.
H. 3351 (Word version) -- Rep. Felder: A BILL TO AMEND SECTION 50-11-704, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF ARTIFICIAL LIGHTS IN CERTAIN GAME ZONES TO OBSERVE OR HARASS WILDLIFE, SO AS TO INCLUDE GAME ZONE 3 AS A GAME ZONE TO WHICH THESE PROVISIONS APPLY.
Rep. WITHERSPOON explained the Bill.
H. 3420 (Word version) -- Rep. Rhoad: A BILL TO AMEND SECTION 47-6-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPORTATION OF SWINE, SO AS TO PROVIDE FOR RELIANCE ON PSEUDORABIES ERADICATION PROGRAM STANDARDS WHEN IMPORTING SWINE FOR FEEDING OR OTHER THAN FEEDING PURPOSES.
Rep. RHOAD explained the Bill.
S. 61 (Word version) -- Senator Holland: A BILL TO DISSOLVE THE COMMITTEE APPOINTED TO STUDY MANDATORY MINIMUM AND ALTERNATIVE SENTENCES CREATED BY THE CRIME BILL OF 1995.
Rep. JENNINGS explained the Bill.
H. 3539 (Word version) -- Reps. Klauber, Parks, Carnell and Stille: A BILL TO DISSOLVE THE GREENWOOD COUNTY BOARD OF EDUCATION AND DEVOLVE ITS POWERS AND DUTIES, AS PROVIDED FOR IN CHAPTER 15 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY BOARDS OF EDUCATION, UPON THE GREENWOOD COUNTY COUNCIL FOR PURPOSES OF WINDING UP THE OPERATION AND AFFAIRS OF THE COUNTY BOARD OF EDUCATION. H. 3503 (Word version) -- Reps. Tripp, Maddox, R. Smith, Wilder, Jordan, Townsend, Seithel, Baxley, Moody-Lawrence, Sandifer, Cobb-Hunter, Spearman, Askins, Neilson, Leach, Kennedy, Mason, Barrett, Inabinett, Hamilton, Knotts, Edge, Bailey, Cooper, Govan, Scott, Law, Hodges, Altman, Hawkins, Rice, Chellis, Stille, Neal, Kinon, Stoddard, Fleming, Miller, Robinson, D. Smith, Klauber, Carnell, Trotter, Lee, Martin, Whatley, Limehouse, Quinn, McMaster, Cato, Allison, Webb, Riser, Dantzler, Loftis, Lanford, Young-Brickell, Witherspoon, Harrell, Cromer, Harrison, Kelley, Gamble, Limbaugh, Parks, Keegan, Meacham, Simrill, Lloyd, McKay, McLeod, Harvin, Sharpe, Kirsh, Vaughn, J. Hines, McCraw, Bauer, Littlejohn, Jennings, Beck, Hinson, Battle and Davenport: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE WITHIN THE DEFINITION A CORPORATION, AND INCLUDE THE INFLUENCING OF THE OUTCOME OF MATTERS CONSIDERED BY THE GENERAL ASSEMBLY WHEN THE LIKENESS, IMAGE, VOICE, OR ENDORSEMENT OF A PUBLIC OFFICIAL IS USED; AND TO REQUIRE THAT AFFECTED ENTITIES ARE SUBJECT TO THE REPORTING AND RECORDKEEPING REQUIREMENTS UNDER ARTICLE 13, CHAPTER 13, TITLE 8 FROM JULY 1, 1996, WHEN THE FIRST REPORT IS DUE AFTER THE EFFECTIVE DATE OF THIS ACT.
On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 3318 (Word version) be read the third time tomorrow.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 3351 (Word version) be read the third time tomorrow.
On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 3420 (Word version) be read the third time tomorrow.
On motion of Rep. JENNINGS, with unanimous consent, it was ordered that S. 61 (Word version) be read the third time tomorrow.
On motion of Rep. CARNELL, with unanimous consent, it was ordered that H. 3539 (Word version) be read the third time tomorrow.
On motion of Rep. TRIPP, with unanimous consent, it was ordered that H. 3503 (Word version) be read the third time tomorrow.
The following Bill was taken up.
S. 287 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-74-90; TO AMEND SECTION 38-74-10, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE HEALTH INSURANCE POOL; TO AMEND SECTION 38-74-30, AS AMENDED, RELATING TO ELIGIBILITY FOR POOL COVERAGE; AND SECTION 38-74-60, AS AMENDED, RELATING TO MAJOR MEDICAL EXPENSE COVERAGE, ALL SO AS TO MAKE THE POOL AN ACCEPTABLE ALTERNATIVE MECHANISM UNDER THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND TO INCREASE THE AGGREGATE BENEFIT LIMIT, DELETE THE EXCLUSION OF INDIVIDUALS DIAGNOSED AS BEING INFECTED WITH AIDS, REDUCE THE PREMIUM CAP ON CERTAIN ASSESSMENTS, ALLOW FEDERALLY DEFINED ELIGIBLE INDIVIDUALS TO ENTER THE POOL WITHOUT SATISFYING CURRENT ELIGIBILITY REQUIREMENTS, REDUCE THE RESIDENCY REQUIREMENT, REQUIRE FEDERALLY DEFINED ELIGIBLE INDIVIDUALS TO BE RESIDENTS, ENSURE THAT THE PREEXISTING CONDITION EXCLUSION IS NOT APPLIED TO FEDERALLY DEFINED ELIGIBLE INDIVIDUALS, REMOVE THE PROVISIONS ALLOWING EXTRA CHARGES WHERE A PREEXISTING CONDITION EXCLUSION IS WAIVED, AND ENSURE THAT FEDERALLY DEFINED ELIGIBLE INDIVIDUALS ARE PROVIDED A CHOICE OF COVERAGE.
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up. S. 288 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-41-45, TO AMEND ARTICLE 3, CHAPTER 71, TITLE 38, RELATING TO INDIVIDUAL ACCIDENT AND HEALTH INSURANCE POLICIES BY ADDING SUBARTICLE 7; TO AMEND ARTICLE 5, CHAPTER 71, TITLE 38, RELATING TO GROUP ACCIDENT AND HEALTH INSURANCE BY ADDING SUBARTICLE 2; TO AMEND SECTION 38-71-135, RELATING TO MINIMUM POSTPARTUM HOSPITALIZATION SERVICES FOR MOTHERS AND NEWBORNS, TO AMEND SECTION 38-71-335, AS AMENDED, RELATING TO CANCELLATION AND RENEWAL POLICIES FOR ACCIDENT AND HEALTH INSURANCE; TO AMEND SECTION 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT AND HEALTH POLICIES; TO AMEND SECTION 38-71-737, RELATING TO REQUIREMENTS OF COVERAGE FOR PSYCHIATRIC CONDITIONS IN GROUP HEALTH INSURANCE POLICIES; TO AMEND SECTION 38-71-920, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL GROUP HEALTH INSURANCE; TO AMEND SECTION 38-71-960, RELATING TO REQUIRED DISCLOSURE IN SOLICITATION AND SALES MATERIAL FOR SMALL GROUP HEALTH INSURANCE; TO AMEND SECTION 38-71-1330, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY; TO AMEND SECTION 38-71-1360, RELATING TO THE REQUIREMENT THAT INSURERS MARKET TWO PLANS FOR SMALL EMPLOYERS; TO AMEND SECTION 38-71-1370, RELATING TO THE APPLICABILITY OF CERTAIN CODE SECTIONS TO INSURANCE PLANS REQUIRED TO BE OFFERED BY SMALL EMPLOYER INSURERS AND PREEXISTING CONDITION COVERAGE FOR LATE ENROLLEES; TO AMEND SECTION 38-71-1410 RELATING TO THE SOUTH CAROLINA SMALL EMPLOYER INSURER REINSURANCE PROGRAM; TO AMEND SECTION 38-71-1440, RELATING TO REQUIREMENTS FOR SMALL EMPLOYER INSURERS, ALL SO AS TO COMPLY WITH CERTAIN REQUIREMENTS OF THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, INCLUDING GUARANTEED AVAILABILITY IN THE SMALL GROUP MARKET, GUARANTEED RENEWABILITY IN THE LARGE GROUP MARKET, THE SMALL GROUP MARKET, THE INDIVIDUAL MARKET, AND FOR MULTIPLE EMPLOYER WELFARE ARRANGEMENTS; REVISIONS TO REQUIRED HOSPITALIZATION SERVICES FOR MOTHERS AND NEWBORNS; EQUALITY IN THE APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH BENEFITS, ANTIDISCRIMINATION REQUIREMENTS IN THE LARGE AND SMALL GROUP MARKETS, AND LIMITATIONS ON PREEXISTING CONDITION EXCLUSIONS IN THE LARGE AND SMALL GROUP MARKETS; AND TO REPEAL SECTION 38-71-950, RELATING TO RENEWABILITY AND NOTICE OF NONRENEWAL OF SMALL GROUP HEALTH INSURANCE.
Rep. T. BROWN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3108 (Word version) -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-85 SO AS TO PROVIDE FOR EDUCATIONAL REQUIREMENTS FOR LICENSURE AS A BAIL BONDSMAN, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES.
The following Bill was taken up.
H. 3100 (Word version) -- Reps. Allison, Townsend, Walker and Meacham: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAKEUP OF SCHOOL DAYS MISSED BECAUSE OF SNOW OR OTHER EXTREME WEATHER CONDITIONS, SO AS TO PROVIDE FOR THE MANNER IN WHICH EACH SCHOOL DISTRICT BOARD OF TRUSTEES SHALL PLAN THE SCHOOL TERM SO THAT UP TO THREE NONINSTRUCTIONAL DAYS SHALL BE DESIGNATED AS MAKEUP DAYS FOR THIS PURPOSE.
Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Upon the withdrawal of requests for debate by Reps. ALLISON, SCOTT, EASTERDAY, ALTMAN, MASON, R. SMITH, BECK, MILLER and RODGERS the following Bill was taken up.
H. 3502 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-85 SO AS TO MAKE THE PERFORMING OF A PARTIAL-BIRTH ABORTION UNLAWFUL AND A FELONY, TO PROVIDE PENALTIES FOR VIOLATION, TO GRANT TO CERTAIN PERSONS A CAUSE OF ACTION AGAINST THE PHYSICIAN OR OTHER PERSON UNLAWFULLY PERFORMING A PARTIAL-BIRTH ABORTION, AND TO STIPULATE THE TYPES OF DAMAGES WHICH MAY BE OBTAINED.
Rep. MOODY-LAWRENCE proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20212SD.97), which was tabled.
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION . The 1976 Code is amended by adding:
"Section 44-41-345. A female who is pregnant, unmarried, and under eighteen years of age shall attend and complete a sex education course which includes, but is not limited to, instruction on birth control methods and sexually transmitted diseases. The content of these sex education courses must be specified by the Department of Health and Environmental Control and conducted without charge by the several county health departments of this State. Health care professionals who are providing care to these females shall refer them to the appropriate county health department and inform them that attendance and completion of this course is a required component of their care."/
Renumber sections to conform.
Amend title to conform.
Rep. ALLISON moved to table the amendment, which was agreed to.
The question then recurred to the passage of the Bill on second reading.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Brown, G. Brown, H. Brown, J. Brown, T. Campsen Carnell Cato Cave Chellis Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Jennings Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Maddox Martin Mason McCraw McKay McLeod McMahand McMaster Meacham Miller Mullen Neilson Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stoddard Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Cobb-Hunter Howard Lee Mack
So, the Bill was read the second time and ordered to third reading.
Had I been present, I would have voted in favor of the Bill.
Rep. RICHARD M. QUINN, JR.
On motion of Rep. ALLISON, with unanimous consent, it was ordered that H. 3502 (Word version) be read the third time tomorrow.
The motion period was dispensed with on motion of Rep. CATO.
Debate was resumed on the following Bill, the pending question being the consideration of amendments, cloture having been ordered.
H. 3272 (Word version) -- Reps. Cato, Limehouse, H. Brown, Tripp, Cooper, Chellis, Seithel, Young-Brickell, Carnell, Mason, Meacham, Bailey, Haskins, Gamble, Allison, Trotter, Robinson, Sandifer, Lee, Govan, Law, Sharpe, Loftis, Phillips, Limbaugh, Harrell, J. Smith, J. Brown, Boan, Simrill, Wilkes and Neilson: A BILL TO AMEND SECTION 37-10-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR THE VIOLATION OF CERTAIN LOAN PROVISIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO DELETE CERTAIN PENALTY PROVISIONS, TO CREATE AN INDIVIDUAL CAUSE OF ACTION, AND TO PROHIBIT A CLASS ACTION FOR A VIOLATION OF THE CHAPTER; AND TO MAKE THESE PROVISIONS APPLY TO CAUSES OF ACTION, INCLUDING APPEALS, PENDING ON THE EFFECTIVE DATE OF THIS ACT AND TO ACTIONS FILED ON AND AFTER THAT DATE.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4044MM.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
/SECTION 1. Section 37-10-105 of the 1976 Code is amended to read:
"Section 37-10-105. With respect to a loan transaction subject to the provisions of this chapter, any person who shall receive or contract to receive a loan finance charge or other charge or fee in violation of this chapter shall forfeit--
(a) the total amount of the loan finance charge and the costs of the action; and the unpaid balance of the loan shall be repayable without any loan finance charge;
(b) double the amount of the excess loan finance charge or other charges or fees actually received by the creditor or paid by the debtor to a third party, to be collected by a separate action or allowed as a counterclaim in any action brought to recover the unpaid balance.
(A) If a creditor violates a provision of this chapter, the debtor has a cause of action, other than in a class action, to recover actual damages and also a right in an action, other than in a class action, to recover from the person violating this chapter a penalty in an amount determined by the court of not less than one hundred dollars and not more than one thousand dollars. A debtor may not bring a class action for a violation of this chapter, nor may a debtor bring an action more than three years after the violation occurred, except as set forth in subsection (C).
(B) A creditor may not be held liable in an action brought under this section for a violation of this chapter if the creditor shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error.
(C) If the court finds as a matter of law that the agreement or transaction is unconscionable pursuant to Section 37-5-108 at the time it was made, or was induced by unconscionable conduct, the court may, in an action other than a class action:
(1) refuse to enforce the agreement, or a term, or part of the agreement or transaction that the court holds to have been unconscionable at the time it was made;
(2) refuse to enforce the remainder of the agreement without the unconscionable term or part, or limit the application of the unconscionable term or part to avoid an unconscionable result; and
(3) award actual damages resulting from the violation of this chapter, plus attorneys' fees and costs.
An action pursuant to this subsection may not be brought after the original scheduled maturity date of the debt.
(D) In an action in which it is found that a creditor has violated this chapter, the court shall award to the debtor the costs of the action and to his attorneys their reasonable fees. In determining attorneys' fees, the amount of the recovery on behalf of the debtor is not controlling."
SECTION 2. This act takes effect upon approval by the Governor and applies to causes of action, including appeals, pending on that date and actions filed on and after that date; except that this act shall not be construed to prevent persons who are members or putative members of a class in a pending action or appeal filed as a class action from pursuing in individual actions the remedies provided in this act, and the statute of limitations applicable to those persons shall be deemed to have been tolled during the pendency of those class actions, and shall commence running again as to those persons upon the effective date of this act./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CATO explained the amendment.
Rep. HAWKINS spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Barfield Barrett Battle Bauer Boan Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Edge Felder Gamble Hamilton Harrell Haskins Hinson Jordan Keegan Kelley Klauber Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Loftis Martin McCraw McKay McLeod Meacham Miller Mullen Neilson Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Simrill Smith, R. Stille Townsend Tripp Trotter Vaughn Walker Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Altman Baxley Beck Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Cave Clyburn Cobb-Hunter Cromer Delleney Easterday Fleming Gourdine Harrison Harvin Hawkins Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kennedy Kinon Kirsh Knotts Lloyd Mack Maddox Mason McMahand Neal Parks Pinckney Scott Sheheen Smith, D. Smith, F. Stoddard Webb Whatley Whipper Young
So, the amendment was adopted.
Rep. CATO proposed the following Amendment No. 2 (Doc Name P:\AMEND\BBM\9137MM.97), which was adopted.
Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . If a provision of this act or its application to a person or circumstance is held to be unconstitutional or otherwise invalid, the remainder of this act and the application of that provision to other persons or circumstances are not affected, and it must be conclusively presumed that the General Assembly would have enacted the remainder of this act without the invalid or unconstitutional provision./
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
Rep. HODGES spoke against the amendment.
Rep. LIMBAUGH spoke in favor of the amendment.
Rep. HAWKINS moved to table the amendment.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Baxley Breeland Brown, G. Brown, T. Byrd Canty Cave Clyburn Delleney Fleming Gourdine Govan Hawkins Hines, J. Hines, M. Inabinett Jennings Kennedy Kirsh Knotts Lloyd Mack McMahand Neal Parks Pinckney Rhoad Scott Seithel Smith, F. Webb Whipper
Those who voted in the negative are:
Allison Bailey Barfield Barrett Battle Bauer Boan Bowers Brown, H. Brown, J. Campsen Carnell Cato Chellis Cooper Cotty Cromer Dantzler Davenport Easterday Edge Felder Gamble Hamilton Harrell Harrison Harvin Haskins Hinson Jordan Keegan Kelley Kinon Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Loftis Maddox Martin McCraw McKay McLeod McMaster Meacham Miller Mullen Neilson Phillips Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Stille Stoddard Townsend Tripp Trotter Vaughn Walker Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
I am abstaining from voting on all aspects of this entire legislation due to a conflict of interest. I inadvertently hit the button and voted on Amendment No. 2. I wish to be recorded as not voting at all on this amendment.
Rep. JOE McMASTER
Reps. KIRSH and HODGES proposed the following Amendment No. 3 (Doc Name P:\AMEND\DKA\4076MM.97), which was adopted.
Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, by striking SECTION 2, beginning on page 3272-2, and inserting:
/ SECTION 2. This act affects an action brought after the effective date. An action brought before the effective date of this act must be governed by the law applicable at the time the action was filed. /
Amend further by adding an appropriately numbered SECTION to read:
/ SECTION __. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. HASKINS spoke against the amendment.
Rep. CATO moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Battle Boan Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Davenport Easterday Edge Felder Gamble Hamilton Harrell Haskins Hinson Jordan Keegan Kelley Klauber Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Loftis McCraw McKay Meacham Miller Mullen Phillips Riser Rodgers Sandifer Seithel Stille Townsend Tripp Trotter Vaughn Walker Wilkes Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Altman Bailey Bauer Baxley Beck Bowers Breeland Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Dantzler Delleney Fleming Gourdine Harrison Harvin Hawkins Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kennedy Kinon Kirsh Knotts Lloyd Mack Maddox Martin Mason McLeod McMahand Neal Neilson Parks Pinckney Rhoad Rice Robinson Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, R. Stoddard Webb Whatley Whipper Wilder Wilkins Young
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Bauer Baxley Beck Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Delleney Easterday Fleming Gourdine Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hodges Howard Inabinett Jennings Keegan Kelley Kennedy Kinon Kirsh Knotts Lloyd Mack Maddox Martin Mason McMahand Meacham Miller Neal Neilson Parks Pinckney Rhoad Rice Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, R. Stoddard Webb Whatley Whipper Wilkins Young
Those who voted in the negative are:
Allison Barfield Barrett Battle Boan Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Edge Felder Gamble Govan Hamilton Harrell Hinson Jordan Klauber Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Loftis McCraw McKay McLeod Mullen Phillips Riser Robinson Rodgers Sandifer Seithel Stille Townsend Tripp Trotter Vaughn Walker Wilder Wilkes Witherspoon Woodrum Young-Brickell
So, the amendment was adopted.
Rep. BAXLEY proposed the following Amendment No. 4 (Doc Name P:\AMEND\DKA\4086MM.97), which was tabled.
Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, page 3272-2, by striking SECTION 2, and inserting:
/SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. BAXLEY moved to table the amendment, which was agreed to.
Rep. SHEHEEN moved to reconsider the vote whereby Amendment No. 3 was adopted.
Rep. BAXLEY moved to table the motion to reconsider.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bauer Baxley Beck Bowers Breeland Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Delleney Easterday Fleming Gourdine Harrison Harvin Hawkins Hines, J. Hines, M. Hodges Howard Inabinett Jennings Keegan Kelley Kennedy Kinon Kirsh Knotts Lloyd Mack Maddox Martin Mason McMahand Miller Neal Neilson Parks Pinckney Rhoad Rice Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, R. Stoddard Webb Whatley Whipper Wilkins Young
Those who voted in the negative are:
Allison Bailey Barfield Barrett Battle Boan Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Edge Felder Gamble Govan Hamilton Harrell Haskins Hinson Jordan Klauber Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Loftis McCraw McKay McLeod Meacham Mullen Phillips Riser Robinson Rodgers Sandifer Seithel Stille Townsend Tripp Trotter Vaughn Walker Wilder Wilkes Witherspoon Woodrum Young-Brickell
So, the motion to reconsider was tabled.
Rep. BAXLEY proposed the following Amendment No. 5 (Doc Name P:\AMEND\DKA\4085MM.97), which was tabled.
Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, Section 37-10-105, SECTION 1, Page 3272-2, By inserting after the /./ on line 8: /A debtor may bring an action pursuant to this section as a separate action or as a counterclaim to an action brought by the creditor to recover the unpaid balance. If the debtor recovers damages or penalties in a counterclaim, he is entitled to a setoff of damages or penalties against a balance owed to the creditor. Notwithstanding the above limitations on recovery by the debtor, if the debtor prevails in a counterclaim to a foreclosure action, the foreclosure action must be dismissed, and the borrower's account must be cured of any default. In curing the debtor's default, all late payment penalties, attorney's fees, or other charges must be waived by the creditor, and adverse credit information reported to a credit reporting agency in connection with the debtor's account must be withdrawn. /
Amend title to conform.
Rep. BAXLEY explained the amendment.
Rep. CATO moved to table the amendment.
Rep. BAXLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Barfield Barrett Battle Bauer Boan Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Edge Felder Gamble Harrell Haskins Hinson Jordan Keegan Kelley Kirsh Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Loftis Martin Mason McCraw McKay McLeod Meacham Miller Mullen Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Smith, R. Stille Stoddard Tripp Trotter Vaughn Walker Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Altman Baxley Beck Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Easterday Fleming Gourdine Govan Hamilton Harrison Hawkins Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kinon Knotts Lloyd Mack McMahand Neal Neilson Parks Pinckney Scott Smith, D. Smith, F. Webb Whipper
So, the amendment was tabled.
Rep. BAXLEY proposed the following Amendment No. 6 (Doc Name P:\AMEND\DKA\4087MM.97), which was tabled.
Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, page 3272-2, beginning on line 3, by deleting Section 37-10-105(A), and inserting:
/ (A) If a creditor violates a provision of this chapter, the debtor has a cause of action to recover actual damages and also a right in an action to recover from the person violating this chapter a penalty in an amount determined by the court of not less than one hundred dollars and not more than one thousand dollars. /
Amend further, Section 37-10-105(C), page 3272-2, line 20, by deleting /, in an action other than a class action/.
Amend title to conform.
Rep. BAXLEY moved to table the amendment, which was agreed to.
Rep. COTTY proposed the following Amendment No. 7 (Doc Name P:\AMEND\DKA\4096MM.97), which was adopted.
Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, by striking Section 37-10-105(A), SECTION 1, page 3272-2, beginning on line 3, and inserting:
/(A) If a creditor violates a provision of this chapter, the debtor has a cause of action, other than in a class action, to recover actual damages and also a right in an action, other than in a class action, to recover from the person violating this chapter a penalty in an amount determined by the court of not less than one thousand dollars and not more than five thousand dollars. A debtor may not bring a class action for a violation of this chapter, nor may a debtor bring an action more than three years after the violation occurred, except as set forth in subsection (C).
Amend title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
Reps. CANTY and NEAL proposed the following Amendment No. 9 (Doc Name P:\AMEND\DKA\4062MM.97), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 37-3-105(2) of the 1976 Code, as last amended by Act 142 of 1991, is further amended to read:
"(2) Loans excluded from the definition of a 'consumer loan' pursuant to subsection (1) shall nevertheless be is subject to the following provisions:
(a) civil liability for violation of disclosure (Section 37-5-203);
(b) voluntary complaint resolution (Section 37-6-117);
(c) whenever the primary purpose of the credit extended is not to enable the debtor to buy or build a residence on residential real property, the administrative powers in Part 1 of Article 6.;
(d) liability for unconscionability or inducement by unconscionable conduct (Section 37-5-108).
If an origination charge, prepaid finance charge, prepaid points, service, or other prepaid charge substantially exceeds the usual and customary charge for a particular type of loan, the creditor is subject to the provisions of Part 1, Chapter 6 of Title 37, notwithstanding that the origination charge, prepaid finance charge, prepaid points, service, or other prepaid charge is properly disclosed as part of the finance charge for purposes of complying with the Federal Truth-in-Lending Act or part or all of the origination charge, prepaid finance charge, prepaid points charge, service, or other prepaid charges are rebatable or refundable upon prepayment or acceleration of the obligation. For the purpose of this paragraph, a creditor is not subject to any liability if the loan finance charge and other fees and charges imposed by the creditor and the collection practices followed in administering or enforcing the loan are usual and customary for the particular type of loan. A charge, collection practice, or administrative procedure that is authorized or required by any a state or federal statute or regulation relating to mortgage loans; or in any an official manual setting forth the procedures for real estate mortgages issued by any governmental or quasi-governmental organization that purchases, insures, or guarantees such loans, including without limitation, manuals issued by the Federal Housing Administration, Veterans Administration, Farmers Home Administration, Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Corporation, or by any an organization that regularly insures mortgages and is authorized to conduct such business in this State, is deemed to be usual and customary." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. CANTY explained the amendment.
The amendment was then adopted.
Reps. CANTY and NEAL proposed the following Amendment No. 10 (Doc Name P:\AMEND\DKA\4060MM.97), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 37-2-104(2)(b) of the 1976 Code is amended to read:
"(b) a sale of an interest in land if the debt is secured by a first lien or equivalent security interest in real estate. This exemption does not apply to a first lien when the lien arises from a credit sale for personal, family, or household purposes or for improvements to the real estate." /
Renumber sections to conform.
Amend title to conform.
Rep. CANTY explained the amendment.
Rep. HASKINS raised the Point of Order that Amendment No. 10 dealt with a different section of the Code and a different type of loan that was specifically excluded from the section.
The SPEAKER stated that the amendment was not applicable to the section of the Bill that was being amended and sustained the Point of Order.
Reps. CANTY and NEAL proposed the following Amendment No. 11 (Doc Name P:\AMEND\DKA\4061MM.97), which was tabled.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION __. Section 37-2-104(2) of the 1976 Code is amended to read:
"(2) Unless the sale is made subject to this title by agreement pursuant to (Section 37-2-601), 'consumer credit sale' does not include:
(a) a sale in which a seller allows the buyer to purchase goods or services pursuant to a lender credit card or similar arrangement, or
(b) a sale of an interest in land if the debt is secured by a first lien or equivalent security interest in real estate.
Credit sales excluded from the definition of a consumer credit sale pursuant to this subsection are subject to the following provisions of this title: civil liability for violation of disclosure (Section 37-5-203) and voluntary complaint resolution (Section 37-6-117); and in credit sales excluded pursuant to item (b) limitations on selection of a closing attorney and insurance agent (Section 37-10-102(a)) and notice of assumption rights (Section 37-10-102(c))."
SECTION __. Section 37-3-105 of the 1976 Code is repealed. /
Renumber sections to conform.
Amend title to conform.
Rep. CANTY moved to table the amendment, which was agreed to.
Rep. CLYBURN proposed the following Amendment No. 12 (Doc Name P:\AMEND\JIC\5447HTC.97), which was tabled.
Amend the report, as and if amended, in Section 37-10-105(c), as contained in SECTION 1, page 3272-2, line 19, by striking / conduct, / and inserting
/ conduct which must include, but is not limited to, any agreement with an interest rate in excess of eight percent a year, /
Amend title to conform.
Rep. CLYBURN moved to table the amendment, which was agreed to.
Rep. D. SMITH proposed the following Amendment No. 13 (Doc Name P:\AMEND\DKA\4122MM.97), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 37-10-105 of the 1976 Code is amended to read:
"Section 37-10-105. (A) With respect to a loan transaction subject to the provisions of this chapter, and also including a transaction which involves a lien on real estate, any a person who shall receive receives or contract contracts to receive a loan finance charge or other charge or fee in violation of this chapter shall forfeit--:
(a)(1) the total amount of the loan finance charge and the costs of the action; and the unpaid balance of the loan shall must be repayable repaid without any a loan finance charge;
(b)(2) double the amount of the excess loan finance charge or other charges or fees actually received by the creditor or paid by the debtor to a third party, to be collected by a separate action or allowed as a counterclaim in any action brought to recover the unpaid balance.
(B) The amount awarded pursuant to subsection (A) must not exceed twenty-five thousand dollars.
(C) In an action in which it is found that a creditor has violated this chapter, the court shall award to the debtor the costs and attorney's fees incurred in bringing the action.
(D) A debtor may bring an action pursuant to this section as a separate action or as a counterclaim to an action brought by the creditor to recover the unpaid balance.
(1) If the debtor recovers damages or penalties in a counterclaim, he is entitled to a setoff of damages or penalties against a balance owed to the creditor, and the creditor shall apply the setoff to the debtor's arrearage before acceleration of the total unpaid balance.
(2) A debtor prevailing in a counterclaim also is entitled to a waiver by the creditor of all late payment penalties, attorney's fees, or other charges, and adverse credit information reported to a credit reporting agency in connection with the debtor's account must be withdrawn.
(E) A creditor may not be held liable in an action brought under for a violation of this section if the creditor shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid the error."
SECTION 2. Section 37-5-108 of the 1976 Code is amended by adding:
"(10) The provisions of this section apply to all transactions in which a lien is taken on real estate in the same manner as they apply to consumer loans."
SECTION 3. This act takes effect upon approval by the Governor and applies to causes of action, including appeals, pending on that date and actions filed on and after that date. If any provision of this act is found to be unconstitutional or otherwise invalid, the entire act is void and the law must be applied as it existed before the enactment of this act. /
Amend title to conform.
Rep. D. SMITH moved to table the amendment, which was agreed to.
Rep. D. SMITH proposed the following Amendment No. 14 (Doc Name P:\AMEND\DKA\4126MM.97), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 37-10-105 of the 1976 Code is amended to read:
"Section 37-10-105. (A) With respect to a loan transaction subject to the provisions of this chapter, and also including a transaction which involves a lien on real estate, any a person who shall receive receives or contract contracts to receive a loan finance charge or other charge or fee in violation of this chapter shall forfeit--:
(a)(1) the total amount of the loan finance charge and the costs of the action; and the unpaid balance of the loan shall must be repayable repaid without any a loan finance charge;
(b)(2) double the amount of the excess loan finance charge or other charges or fees actually received by the creditor or paid by the debtor to a third party, to be collected by a separate action or allowed as a counterclaim in any action brought to recover the unpaid balance.
(B) The amount awarded pursuant to subsection (A) must not exceed fifteen thousand dollars.
(C) In an action in which it is found that a creditor has violated this chapter, the court shall award to the debtor the costs and attorney's fees incurred in bringing the action.
(D) A debtor may bring an action pursuant to this section as a separate action or as a counterclaim to an action brought by the creditor to recover the unpaid balance.
(1) If the debtor recovers damages or penalties in a counterclaim, he is entitled to a setoff of damages or penalties against a balance owed to the creditor, and the creditor shall apply the setoff to the debtor's arrearage before acceleration of the total unpaid balance.
(2) A debtor prevailing in a counterclaim also is entitled to a waiver by the creditor of all late payment penalties, attorney's fees, or other charges, and adverse credit information reported to a credit reporting agency in connection with the debtor's account must be withdrawn.
(E) A creditor may not be held liable in an action brought under for a violation of this section if the creditor shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid the error."
SECTION 2. Section 37-5-108 of the 1976 Code is amended by adding:
"(10) The provisions of this section apply to all transactions in which a lien is taken on real estate in the same manner as they apply to consumer loans."
SECTION 3. This act takes effect upon approval by the Governor and applies to causes of action, including appeals, pending on that date and actions filed on and after that date. If any provision of this act is found to be unconstitutional or otherwise invalid, the entire act is void and the law must be applied as it existed before the enactment of this act. /
Amend title to conform.
Rep. D. SMITH explained the amendment.
Rep. HASKINS spoke against the amendment and moved to table the amendment.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Barfield Barrett Battle Bauer Beck Boan Brown, H. Brown, T. Campsen Carnell Cato Chellis Cooper Cotty Cromer Dantzler Davenport Easterday Edge Felder Gamble Hamilton Harrell Harvin Haskins Hinson Jordan Keegan Kelley Kirsh Klauber Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Loftis Martin McCraw McKay McLeod Meacham Miller Mullen Neilson Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sheheen Simrill Smith, R. Stille Stoddard Townsend Tripp Trotter Vaughn Walker Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Altman Baxley Bowers Breeland Brown, G. Brown, J. Byrd Canty Cave Clyburn Cobb-Hunter Delleney Fleming Gourdine Govan Hawkins Hines, J. Hines, M. Howard Inabinett Jennings Kennedy Kinon Knotts Lloyd Mack Maddox Mason McMahand Neal Parks Pinckney Scott Smith, D. Smith, F. Webb Whatley Whipper Young
So, the amendment was tabled.
Rep. JENNINGS proposed the following Amendment No. 15 (Doc Name P:\AMEND\DKA\4090MM.97), which was tabled.
Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, page 3272-2, beginning on line 3, by deleting Section 37-10-105(A), and inserting:
/ (A) If a creditor violates a provision of this chapter, the debtor has a cause of action, other than in a class action, to recover actual damages and also a right in an action, other than in a class action, to recover from the person violating this chapter a penalty in an amount determined by the court of not less than one thousand dollars and not more than ten thousand dollars. A debtor may not bring a class action for a violation of this chapter, nor may a debtor bring an action more than three years after the violation occurred, except as set forth in subsection (C). The dollar amounts provided in this subsection are subject to the periodic increases in Section 37-1-109.
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. GAMBLE moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Barfield Barrett Bauer Beck Boan Bowers Brown, H. Carnell Cato Chellis Cooper Cotty Cromer Dantzler Davenport Edge Gamble Hamilton Harrell Harvin Haskins Hinson Jordan Keegan Kirsh Klauber Koon Law Leach Lee Limbaugh Limehouse Littlejohn Loftis Maddox Martin Mason McCraw McKay McLeod Meacham Mullen Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, R. Stille Stoddard Townsend Tripp Trotter Vaughn Walker Webb Wilder Wilkes Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Altman Battle Baxley Breeland Brown, J. Brown, T. Byrd Campsen Cave Cobb-Hunter Delleney Easterday Fleming Gourdine Govan Hawkins Hines, J. Hines, M. Howard Inabinett Jennings Kennedy Kinon Knotts Lloyd Mack McMahand Miller Neal Neilson Pinckney Scott Sheheen Smith, F. Whatley Whipper
So, the amendment was tabled.
Rep. JENNINGS proposed the following Amendment No. 16 (Doc Name P:\AMEND\DKA\4089MM.97), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 37-10-102 of the 1976 Code, as last amended by Act 355 of 1996, is further amended by adding:
"(c) A foreclosure action brought by a creditor to recover the unpaid balance of a loan that is secured in whole or in part by a lien on real estate may be brought only upon an affirmative showing by the creditor that it has complied with the terms of this section. Without written proof of compliance with this section, a lien on real estate purporting to secure a loan is void, and the loan is unsecured. /
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS moved to table the amendment, which was agreed to.
Rep. JENNINGS proposed the following Amendment No. 17 (Doc Name P:\AMEND\DKA\4091MM.97), which was tabled.
Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, by Section 37-10-105, page 3272, by inserting after line 34:
/(E) If a creditor is found to be in violation of this chapter, the affected debtor may rescind the transaction, and the creditor shall repay finance charges incurred by the debtor in connection with the transaction, with interest assessed at the interest rate charged the debtor by the creditor in the transaction./
Reletter subsections to conform.
Amend title to conform.
Rep. JENNINGS moved to table the amendment, which was agreed to.
Rep. D. SMITH proposed the following Amendment No. 18 (Doc Name P:\AMEND\JIC\5449HTC.97), which was tabled.
Amend the report, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. The attorney preference notice must be given for any loan involving a lien on real estate, regardless of amount or agricultural use, within three days of application and not less than three business days before closing and it must be signed and dated by the borrower./
Renumber sections to conform.
Amend title to conform.
Rep. D. SMITH moved to table the amendment, which was agreed to.
Rep. D. SMITH proposed the following Amendment No. 19 (Doc Name P:\AMEND\JIC\5450HTC.97), which was tabled.
Amend the report, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. ALL LENDERS ARE REQUIRED TO KEEP RESUMES, INCLUDING PRICE RANGES AND EXPERIENCE, FROM ALL ATTORNEYS WHO WANT TO DO CLOSINGS IN THE AREA SERVED BY ANY OF THE LENDERS' BRANCHES AND LENDERS ARE ALLOWED ONLY TO REFER BORROWERS TO THIS LIST, THE PHONE BOOK, OR LAWYER REFERRAL./
Renumber sections to conform.
Amend title to conform.
Rep. D. SMITH moved to table the amendment, which was agreed to.
Rep. D. SMITH proposed the following Amendment No. 20 (Doc Name P:\AMEND\JIC\5451HTC.97), which was tabled.
Amend the report, as and if amended, by adding an apropriately numbered SECTION to read:
/SECTION ___. The attorney preference notice form must contain language telling borrowers:
(1) that the lender's interests are different from the borrower's and are necessarily in conflict with the borrower's and, therefore, the borrower needs to consult with his own attorney about the loan both before and during the closing; and
(2) that the borrower should contact various attorneys on the various lists, decide on one, and let the lender know the borrower's choice within three business days of the closing./
Renumber sections to conform.
Amend title to conform.
Rep. D. SMITH moved to table the amendment, which was agreed to.
Rep. D. SMITH proposed the following Amendment No. 21 (Doc Name P:\AMEND\JIC\5452HTC.97), which was tabled.
Amend the report, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Lenders are prohibited from charging borrowers for title searches by nonlawyers./
Renumber sections to conform.
Amend title to conform.
Rep. D. SMITH moved to table the amendment, which was agreed to.
Rep. D. SMITH proposed the following Amendment No. 22 (Doc Name P:\AMEND\JIC\5454HTC.97), which was tabled.
Amend the report, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Lenders are prohibited from charging borrowers for document preparation by anyone other than an attorney licensed in this State./
Renumber sections to conform.
Amend title to conform.
Rep. D. SMITH moved to table the amendment, which was agreed to.
Rep. D. SMITH proposed the following Amendment No. 23 (Doc Name P:\AMEND\DKA\4152MM.97), which was adopted.
Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, Section 37-10-105(A), SECTION 1, page 2, line 10, by deleting / three / and inserting / twenty /.
Amend title to conform.
Rep. D. SMITH explained the amendment.
The amendment was then adopted.
Rep. D. SMITH proposed the following Amendment No. 24 (Doc Name P:\AMEND\DKA\4151MM.97), which was tabled.
Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. If a part of this section is found to be unconstitutional, or otherwise void, the entire act becomes void and the governing law reverts to the provisions of the statute before the enactment of this act./
Renumber sections to conform.
Amend totals and title to conform.
Rep. D. SMITH moved to table the amendment, which was agreed to.
Rep. D. SMITH proposed the following Amendment No. 25 (Doc Name P:\AMEND\DKA\4156MM.97), which was tabled.
Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 37-10-103 of the 1976 Code is amended to read:
"Section 37-10-103. With respect to a loan agreement which is secured in whole or in part by a first or junior lien on real estate under which the aggregate of all sums advanced or contemplated by the parties in good faith to be advanced will must not exceed one hundred fifty thousand dollars.
(1) The debtor has the right to prepay the debt in full at any time without penalty;.
(2) The rate of the loan finance charge is a fixed, nonvariable rate. This subsection does not apply: (a) if the borrower otherwise agrees; and either:
(b)(a) the loan is primarily for a business or agricultural purpose or is used for the construction of any improvements on the real estate which provides the security for the loan; or
(c)(b) the creditor makes the loan in accordance with any regulation governing alternative mortgage loans promulgated by the State Board of Financial Institutions or a federal regulatory agency."
Renumber sections to conform.
Amend title to conform.
Rep. D. SMITH moved to table the amendment, which was agreed to.
Rep. D. SMITH proposed the following Amendment No. 26 (Doc Name P:\AMEND\DKA\4158MM.97), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION __. Section 37-10-106 of the 1976 Code is amended by adding:
"(4) An interest rate greater than the Federal Discount Rate plus ten percent a year may not be charged on a loan secured by a mortgage."/
Renumber sections to conform.
Amend title to conform.
Rep. D. SMITH moved to table the amendment, which was agreed to.
Rep. D. SMITH proposed the following Amendment No. 27 (Doc Name P:\AMEND\DKA\4154MM.97), which was tabled.
Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, Section 37-10-105, SECTION 1, by adding an appropriately lettered subsection to read:
/( ) For purposes of this section, the term 'actual damages' is presumed to be not less than ten thousand dollars for each occurrence./
Reletter subsections to conform.
Amend title to conform.
Rep. D. SMITH moved to table the amendment, which was agreed to.
Rep. D. SMITH proposed the following Amendment No. 28 (Doc Name P:\AMEND\DKA\4150mm.97), which was tabled.
Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, Section 37-10-105, SECTION 1, page 2, beginning on line 17, by deleting subsection (C) in its entirety.
Amend further by adding an appropriately numbered SECTION to read:
/SECTION __. Section 37-5-108 of the 1976 Code, as last amended by Act 135 of 1995, is further amended by adding:
"(10) The provisions of this section apply to all transactions in which a lien is taken on real estate, including all mortgage transactions, in the same manner as they apply to consumer loans."/
Reletter subsections to conform.
Renumber sections to conform.
Amend totals and title to conform.
Rep. D. SMITH moved to table the amendment, which was agreed to.
Rep. D. SMITH proposed the following Amendment No. 29 (Doc Name P:\AMEND\DKA\4149mm.97), which was tabled.
Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, Section 37-10-105, SECTION 1, PAGE 3272-2, BY DELETING /THREE YEARS AFTER THE VIOLATION OCCURRED/ AND INSERTING / TWENTY YEARS AFTER THE DEBTOR KNEW OR SHOULD HAVE KNOWN THAT A VIOLATION OCCURRED /.
Amend title to conform.
Rep. D. SMITH moved to table the amendment, which was agreed to.
Rep. D. SMITH proposed the following Amendment No. 30 (Doc Name P:\AMEND\DKA\4153MM.97), which was tabled.
Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, Section 37-20-105, SECTION 1, page 2, beginning on line 12, by striking subsection (B) in its entirety and inserting:
/A creditor may not be held liable in an action brought under this section if the creditor shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error./
Reletter subsections to conform.
Amend title to conform.
Rep. D. SMITH moved to table the amendment, which was agreed to.
Rep. D. SMITH proposed the following Amendment No. 31 (Doc Name P:\AMEND\DKA\4157MM.97), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 37-10-106 of the 1976 Code is amended by adding:
"(4) An interest rate greater than ten percent a year may not be charged on first mortgage loans in which the value of the mortgaged property meets or exceeds the principal amount of the loan."/
Renumber sections to conform.
Amend title to conform.
Rep. D. SMITH moved to table the amendment, which was agreed to.
Rep. D. SMITH proposed the following Amendment No. 32 (Doc Name P:\AMEND\DKA\4159MM.97), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 37-10-102 of the 1976 Code, as last amended by Act 355 of 1996, is further amended by adding:
"(c) If a creditor violates the attorney or insurance agent preference requirements in subsection (a) of this section, the debtor shall recover, in addition to the amounts awarded pursuant to Section 37-10-105 of this chapter, the total amount charged by the creditor for insurance of any kind, and the total amount charged by the creditor for title search, document preparation, and attorney's fees."/
Renumber sections to confrom.
Amend title to conform.
Rep. D. SMITH moved to table the amendment, which was agreed to.
Rep. D. SMITH proposed the following Amendment No. 33, which was tabled.
/SECTION 1: Section 37-10-105 of the 1976 Code is amended to read:
"Section 37-10-105. (A) With respect to a loan transaction subject to the provisions of this chapter, and also including a transaction which involves a lien on real estate, a person who receives or contracts to receive a loan finance charge or other charge or fee in violation of this chapter shall forfeit:
(1) the total amount of the loan finance charge and the costs of the action; and the unpaid balance of the loan must be repaid without a loan finance charge;
(2) double the amount of the excess loan finance charge or other charges or fees actually received by the creditor or paid by the debtor to a third party.
(B) The amount awarded pursuant to subsection (A) must not exceed fifteen thousand dollars.
(C) In an action in which it is found that a creditor has violated this chapter, the court shall award to the debtor the costs and attorneys' fees incurred in bringing the action.
(D) A debtor may bring an action pursuant to this section as a separate action or as a counterclaim to an action brought by the creditor to recover the unpaid balance.
(1) If the debtor recovers damages or penalties in a counterclaim, he is entitled to a setoff of damages or penalties against a balance owed to the creditor, and the creditor shall apply the setoff to the debtor's arrearage before acceleration of the total unpaid balance.
(2) A debtor prevailing in a counterclaim is also entitled to a waiver by the creditor of all late payment penalties, attorneys' fees, or other charges, and adverse credit information reported to a credit reporting agency in connection with the debtor's account must be withdrawn.
(E) A creditor may not be held liable in an action for a violation of this section if the creditor shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid the error.
(F) No action may be brought under this chapter more than one year after the scheduled or accelerated maturity of the debt.
SECTION 2. Section 37-5-108 of the 1976 Code is amended by adding:
(10) The provisions of this section apply to all transactions in which a lien is taken on real estate in the same manner as they apply to consumer loans.
SECTION 3. This act takes effect upon approval by the Governor and shall affect any action brought after the effective date of this act. Any such action brought prior to the effective date of this act shall be governed by the law applicable at the time such action was filed. If any provision of this act is found to be unconstitutional or otherwise invalid, the entire act is void and the law must be applied as it existed before the enactment of this act./
Rep. D. SMITH moved to table the amendment, which was agreed to.
Reps. CATO and GAMBLE proposed the following Amendment No. 34 (Doc Name P:\AMEND\DKA\4155MM.97), which was tabled.
Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 37-10-105 of the 1976 Code is amended to read:
"Section 37-10-105. With respect to a loan transaction subject to the provisions of this chapter, any person who shall receive or contract to receive a loan finance charge or other charge or fee in violation of this chapter shall forfeit--
(a) the total amount of the loan finance charge and the costs of the action; and the unpaid balance of the loan shall be repayable without any loan finance charge;
(b) double the amount of the excess loan finance charge or other charges or fees actually received by the creditor or paid by the debtor to a third party, to be collected by a separate action or allowed as a counterclaim in any action brought to recover the unpaid balance.
(A) If a creditor violates a provision of this chapter, the debtor has a cause of action, other than in a class action, to recover actual damages and also a right in an action, other than in a class action, to recover from the person violating this chapter a penalty in an amount determined by the court of not less than one thousand dollars and not more than six thousand dollars. A debtor may not bring a class action for a violation of this chapter, nor may a debtor bring an action more than three years after the violation occurred, except as set forth in subsection (C).
(B) A creditor may not be held liable in an action brought under this section for a violation of this chapter if the creditor shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error.
(C) If the court finds as a matter of law that the agreement or transaction is unconscionable pursuant to Section 37-5-108 at the time it was made, or was induced by unconscionable conduct, the court may, in an action other than a class action:
(1) refuse to enforce the agreement, or a term, or part of the agreement or transaction that the court holds to have been unconscionable at the time it was made;
(2) refuse to enforce the remainder of the agreement without the unconscionable term or part, or limit the application of the unconscionable term or part to avoid an unconscionable result; and
(3) award actual damages resulting from the violation of this chapter, plus attorneys' fees and costs.
An action pursuant to this subsection may not be brought after the original scheduled maturity date of the debt.
(D) In an action in which it is found that a creditor has violated this chapter, the court shall award to the debtor the costs of the action and to his attorneys their reasonable fees. In determining attorneys' fees, the amount of the recovery on behalf of the debtor is not controlling."
SECTION 2. If a provision of this act or its application to a person or circumstance is held to be unconstitutional or otherwise invalid, the remainder of this act and the application of that provision to other persons or circumstances are not affected, and it must be conclusively presumed that the General Assembly would have enacted the remainder of this act without the invalid or unconstitutional provision.
SECTION 3. This act takes effect upon approval by the Governor and applies to causes of action, including appeals, pending on that date and actions filed on and after that date; except that this act shall not be construed to prevent persons who are members or putative members of a class in a pending action or appeal filed as a class action from pursuing in individual actions the remedies provided in this act, and the statute of limitations applicable to those persons shall be deemed to have been tolled during the pendency of those class actions, and shall commence running again as to those persons upon the effective date of this act. /
Amend title to conform.
Rep. GAMBLE explained the amendment.
Rep. D. SMITH raised the Point of Order that Section 3 of the amendment was out of order.
The SPEAKER stated that before he could rule Section 3 out of order, the question would have to be divided. The entire amendment would have to be out of order, not just a section, therefore he overruled the Point of Order.
Rep. D. SMITH: "If this amendment makes the Bill retroactive, that point has already been decided under a previous amendment and it has been clinched."
Rep. GAMBLE: "The amendment basically is Amendment Number 1 (committee amendment) and Amendment Number 2, but the fines have been changed. They have been increased to $6,000."
SPEAKER WILKINS: "Amendment Number 1 was adopted."
Rep. GAMBLE: "This amendment changes the fine in Amendment Number 1 from $100 to $1000. Then, we adopted Amendment Number 5 which put it to $5000 and this puts it to $6000."
SPEAKER WILKINS: "We also adopted Amendment Number 3 which deleted the retroactivity aspect. Does this amendment address that?"
Rep. GAMBLE: "This amendment puts us back in the same posture as Amendment Number 1 did."
SPEAKER WILKINS: "So it reverses what the House did on Amendment Number 3."
Rep.HASKINS: "One of the things that this amendment would do was to reverse Amendment Number 3, but it does other things as a way of compromise. It also increases the limits of liability. It is a way of trying to find some middle ground. If all this amendment did was reinstate the Bill as it was before Amendment Number 3, then the point would be valid that this question has already been decided. But this amendment does more than that. It does several things in the way of trying to seek some common ground in between two positions and to do that you have to come off of Amendment Number 3 and you also have to come off of Amendment Number 1."
SPEAKER WILKINS: "Amendment Number 1 hadn't been clinched, Amendment Number 3 has been clinched - that's your Point of Order Mr. Smith?"
Rep. D. SMITH: "Yes, this is identical to Number 3 and my point was exactly that Rep. Gamble's first expression to us was that this undoes what we did previously."
SPEAKER WILKINS: "Well, there is no question that Amendment Number 3 has been clinched - I don't think there is any doubt that you can no longer make a motion to reconsider Amendment Number 3. The question is whether you can later have an amendment that indirectly does what you can't do directly - that is reconsider Amendment Number 3."
Rep. HASKINS: "If that was all this amendment did, then it would be out of order. But this amendment does more than that."
SPEAKER WILKINS: "If you clinch something and then you want to undo that, you can't put up an amendment that directly undoes that because you have already clinched it. So you cloud that by putting up an amendment that does 3 things - one of which undoes what you can't now do under the rules. Just because you camouflage it by doing other things - does that make it OK?"
Rep. HASKINS: "If we were in the budget and we had budgeted $20,000 for a particular agency and we clinched it, a later amendment that said $30,000 would be in order even though it undid what you did in the earlier amendment."
SPEAKER WILKINS: "I don't disagree with that, but that to me is not the same analogy - that's not apples to apples. Amendment Number 3 deleted the retroactivity. Miss Gamble tells me this puts the retroactivity back in there. There is no question that she couldn't make a motion to reconsider Amendment Number 3. This amendment here is in effect reconsidering Amendment Number 3 - that is what gives me a problem."
Rep. HASKINS: "I have to argue that this is not reconsidering Amendment Number 3. This is a totally different position."
Rep. SHEHEEN: "Mr. Smith's Point of Order is that Section Three is out of order because it reverses Amendment Number 3 and that has been clinched. All you have to do is strike out Section Three and put the rest of Miss Gamble's amendment to a vote."
SPEAKER WILKINS: "We are under cloture - I don't know if we can do that."
Rep. SHEHEEN: "On a Point of Order you can do that under cloture. You don't suspend the rules with cloture."
Rep. CROMER: "For what it is worth, if it is the opinion of the Chair that we can't unclinch a clinched concept, we can divide the question and vote on her two novel issues presented in this amendment. So I would move to divide the question if Miss Gamble would..."
Rep. FELDER: "Does it prevent an adoption of an amendment even if it rewrites the Bill in its entirety?"
SPEAKER WILKINS: "What rule are you looking at?"
Rep. FELDER: "9.3, and what she has done is rewritten the Bill in its entirety, not trying to reconsider one clinched amendment, this amendment goes greater than the clinched amendment. She is rewriting the Bill in its entirety. Rule 9.3 allows you to do that which she is doing.
This amendment is in under Rule 9.3."
Rep. D.SMITH: "After looking at the Bill if we can divide the question on all of that part which has not already been clinched, I'd be happy to vote for it because it increases the damages and I'd be most happy to do that - that's exactly what I'd like to see happen."
SPEAKER WILKINS: "Your Point of Order was that the amendment was out of order because it undoes what was done to Amendment Number 3 which was already clinched - right?"
Rep. GAMBLE: "Do you also not take into consideration that these amendments were put on the desk before cloture was invoked and that they have the right to be considered because when they were put on the desk, none of these amendments had been adopted."
SPEAKER WILKINS: "That's correct, but you still have to follow the rules regardless of when they were put up."
Rep. HASKINS: "I urge the Point of Order be overruled because it would set a precedent for this House that would be unworkable in the future. For example, if this body had adopted Amendment Number 1, which we did, if we had then invoked cloture, since Amendment Number 1 was the entire Bill, then no further amendments could be considered. No further amendments could ever be considered because if we had considered Amendment Number 1 twice and Amendment Number 1 was adopted, you could never have Amendment 2 because it seeks to amend Amendment Number 1 and you couldn't have Amendment Number 3 because it would amend Amendment Number 1. All the twice considered rule says is you can't bring up that initial amendment again, and this is an entirely different matter that covers much more than just that amendment."
Rep. D. SMITH: "I take the opposite approach than what Rep. Haskins is saying. Basically, we might as well not have a motion to reconsider to clinch if we take that idea. The idea is that I might as well as a committee member put up amendments endlessly that basically are the same as the original amendment with minor changes from now on. If we do this we could get into endless debate."
Rep. HASKINS: "In Rule 8.14 which is the clincher rule, it specifically says in the middle of the paragraph, if the House shall refuse to reconsider or upon reconsideration or upon reconsideration shall affirm its first decision, no further motion shall be in order except by unanimous consent and that's specifically referring to no further motions relating to that initial amendment shall be in order. There is nothing in the rules that prohibits further amendment to the Bill and I would reiterate this will create a precedent so that all we need to do from now on is pass the committee amendment, clinch it and all other amendments will be out of order."
SPEAKER WILKINS: "Assuming we weren't under cloture, do you believe now that you could put an amendment on the desk that would put retroactivity in and you would be allowed to do that and the clincher motion wouldn't prevent that?"
Rep. HASKINS: "No, not if that's all the amendment did."
SPEAKER WILKINS: "You think the distinction is it does more?"
Rep. HASKINS: "If you have an amendment that's a compromise between two positions."
SPEAKER WILKINS: "What if I put an amendment on the desk, if we weren't under cloture that puts retroactivity back in and changes a figure on the penalty? Two things - more than one."
Rep. HASKINS: "Then that is a different question, it creates an entirely different question for this body to consider. Do you want to have retroactivity if the penalties are higher? That's a different question."
Rep. FELDER: "Your example under 9.3 would be fine as long as it is germane. In other words nothing would prevent how I voted on the prevailing side of Number 1. I can move to reconsider Number 1- it could be tabled; that would clinch Number 1, but would that negate Number 3? Nothing prevents you under 9.3 as long as it is germane."
Rep. BAXLEY: "As the chair is aware of Rule 6.6 - it says that Mason's Legislative Manual will be used to resolved these questions. Section 457 says as follows under subsection 2: 'To prevent abuse of the motion to reconsider, the same question cannot be reconsidered the second time.'"
SPEAKER WILKINS: "I understand that. It is just the interpretation of whether or not an amendment that deals with many subjects and happens to deal with one of that subject, whether or not that is going to be ruled by me as indirectly doing what you can't do directly after you clinch it."
Rep. BAXLEY: "But Mason's goes on to say that in order for it to be a same question, not the same amendment. We're talking about the same issue. It says that it must be a substantially different proposition before it can be considered."
SPEAKER WILKINS: "So you argue for the Point of Order? Or against the Point of Order?"
Rep. BAXLEY: For the Point of Order."
Rep. LIMBAUGH: "I want to reiterate what Rep. Haskins was saying that if we had clinched the vote on Amendment Number 1, we could not have considered any further amendments because an amendment by definition changes what we are working on. If we had clinched Number 1, that would have been the bill. Any further amendment would have been out of order because it would have been a reconsideration to the extent that it changed the bill."
SPEAKER WILKINS: "It depends on what was in the bill and what was in Amendment Number 1. If it is something different it wouldn't have clinched it."
Rep. LIMBAUGH: "It would change it to the extent that it either added it or changed."
SPEAKER WILKINS: "I am going to overrule the Point of Order under Rule 9.3 and the other arguments presented. I think the analogy of getting this house boxed in where you adopt an amendment that is the bill, and then clinch it, might put us in a box we don't want to be in in the future. Such a practice could prevent further amendments and reasonable debate. I think if this amendment dealt only with the retroactivity aspect, that the attempt would be to do indirectly what you can't do directly once you clinch it, but, that is not the case here. I think if this amendment were divided, and then a Point of Order was made on a particular section, then it would be a different ruling. But the Point of Order claimed the entire amendment to be out of order. I, therefore, overrule the Point of Order."
Rep. CROMER moved to divide the question.
Rep. FELDER raised the Point of Order that once the House invokes the previous question, it cannot divide the question on an amendment.
The SPEAKER stated that the question can be divided under Rule 8.10 and he overruled the Point of Order.
Rep. CATO moved to table the motion to divide the question and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Barfield Barrett Brown, H. Brown, J. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Edge Felder Gamble Hamilton Harrell Haskins Hinson Jordan Keegan Kelley Klauber Koon Lanford Leach Lee Limbaugh Limehouse Littlejohn Loftis Martin McCraw McKay Meacham Mullen Phillips Rice Riser Robinson Rodgers Sandifer Seithel Smith, R. Stille Townsend Tripp Trotter Vaughn Walker Wilder Wilkes Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Altman Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Delleney Easterday Fleming Gourdine Harrison Harvin Hawkins Hines, J. Hines, M. Hodges Inabinett Jennings Kennedy Kinon Kirsh Knotts Lloyd Mack Maddox Mason McLeod McMahand Miller Neal Neilson Parks Pinckney Rhoad Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Stoddard Webb Whatley Whipper Wilkins Young
So, the motion to divide the question was tabled.
Rep. GAMBLE continued speaking.
Rep. WILKES spoke in favor of the amendment.
Reps. CROMER, BAXLEY and KIRSH spoke against the amendment.
Rep. CROMER moved to table the amendment.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bauer Baxley Beck Bowers Breeland Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cotty Cromer Davenport Delleney Easterday Fleming Gourdine Hamilton Harrison Harvin Hawkins Hines, J. Hines, M. Hodges Inabinett Jennings Kelley Kinon Kirsh Knotts Lloyd Mack Mason McLeod McMahand Miller Neal Neilson Parks Pinckney Rice Scott Sharpe Sheheen Smith, D. Smith, F. Smith, R. Stoddard Webb Whatley Whipper Wilkins Witherspoon Young
Those who voted in the negative are:
Allison Bailey Barrett Battle Boan Brown, H. Campsen Carnell Cato Chellis Cooper Dantzler Edge Felder Gamble Harrell Haskins Hinson Jordan Keegan Klauber Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Loftis Martin McCraw McKay Meacham Mullen Phillips Rhoad Riser Robinson Rodgers Sandifer Seithel Simrill Stille Townsend Tripp Trotter Vaughn Walker Wilder Wilkes Woodrum Young-Brickell
So, the amendment was tabled.
Rep. CAMPSEN proposed the following Amendment No. 35 (Doc Name P:\AMEND\PT\2972MM.97), which was adopted.
Amend the report of the Committee on House Labor, Commerce and Industry, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 37-10-105 of the 1976 Code is amended to read:
"Section 37-10-105. With respect to a loan transaction subject to the provisions of this chapter, any person who shall receive or contract to
receive a loan finance charge or other charge or fee in violation of this chapter shall forfeit--
(a) the total amount of the loan finance charge and the costs of the action; and the unpaid balance of the loan shall be repayable without any loan finance charge;
(b) double the amount of the excess loan finance charge or other charges or fees actually received by the creditor or paid by the debtor to a third party, to be collected by a separate action or allowed as a counterclaim in any action brought to recover the unpaid balance.
(A) If a creditor violates a provision of this chapter, the debtor has a cause of action, other than in a class action, to recover actual damages and also a right in an action, other than in a class action, to recover from the person violating this chapter a penalty in an amount determined by the court of not less than one hundred dollars and not more than one thousand dollars. A debtor may not bring a class action for a violation of this chapter, nor may a debtor bring an action more than three years after the violation occurred, except as set forth in subsection (C).
(B) A creditor may not be held liable in an action brought under this section for a violation of this chapter if the creditor shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error.
(C) If the court finds as a matter of law that the agreement or transaction is unconscionable pursuant to Section 37-5-108 at the time it was made, or was induced by unconscionable conduct, the court may, in an action other than a class action:
(1) refuse to enforce the agreement, or a term, or part of the agreement or transaction that the court holds to have been unconscionable at the time it was made;
(2) refuse to enforce the remainder of the agreement without the unconscionable term or part, or limit the application of the unconscionable term or part to avoid an unconscionable result; and
(3) award:
(a) the total amount of the loan finance charge and allow repayment of the unpaid balance of the loan without any finance charge;
(b) double the amount of the excess loan finance charge or other charges or fees actually received by the creditor or paid by the debtor to a third party; and
(c) attorney's fees and costs.
An action pursuant to this subsection may not be brought after the original scheduled maturity date of the debt.
(D) In an action in which it is found that a creditor has violated this chapter, the court shall award to the debtor the costs of the action and to his attorneys their reasonable fees. In determining attorneys' fees, the amount of the recovery on behalf of the debtor is not controlling."
SECTION 2. This act takes effect upon approval by the Governor and applies to causes of action, including appeals, pending on that date and actions filed on and after that date; except that class actions pending as of the date this bill passes third reading in the House of Representatives may proceed, but with remedies pursuant to subsection (A). /
Renumber sections to conform.
Amend title to conform.
Rep. CAMPSEN explained the amendment.
Reps. HAWKINS and BAXLEY spoke against the amendment.
Rep. BAXLEY moved to table the amendment.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bauer Baxley Beck Breeland Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Delleney Easterday Fleming Gourdine Govan Harrison Harvin Hawkins Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kennedy Kirsh Knotts Lloyd Mack Maddox Martin Mason McLeod McMahand Neal Neilson Parks Pinckney Scott Sharpe Sheheen Smith, D. Smith, F. Stoddard Webb Whatley Whipper Wilkins Young
Those who voted in the negative are:
Allison Altman Bailey Barfield Barrett Battle Boan Bowers Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Edge Felder Gamble Hamilton Harrell Haskins Hinson Jordan Keegan Kelley Klauber Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Loftis McCraw McKay Meacham Miller Mullen Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Simrill Smith, R. Stille Townsend Tripp Trotter Vaughn Walker Wilder Wilkes Witherspoon Woodrum Young-Brickell
So, the House refused to table the amendment.
Rep. BAXLEY moved to divide the question.
Rep. YOUNG-BRICKELL moved to table the motion.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Barfield Barrett Battle Boan Bowers Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Edge Felder Gamble Hamilton Harrell Haskins Hinson Jordan Keegan Kelley Klauber Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Loftis McCraw McKay Meacham Miller Mullen Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Smith, R. Stille Townsend Tripp Trotter Vaughn Walker Wilder Wilkes Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Altman Bauer Baxley Beck Breeland Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Delleney Easterday Fleming Gourdine Govan Harrison Harvin Hawkins Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kennedy Kirsh Knotts Lloyd Mack Maddox Martin Mason McLeod McMahand Neal Neilson Parks Pinckney Scott Sheheen Simrill Smith, D. Smith, F. Stoddard Webb Whatley Whipper Wilkins Young
So, the motion to divide the question was tabled.
Rep. BAXLEY moved that the House do now adjourn.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Baxley Breeland Byrd Canty Clyburn Cobb-Hunter Davenport Delleney Fleming Hawkins Hines, J. Hines, M. Hodges Howard Lee Mack Maddox McLeod McMahand Neal Parks Robinson Sharpe Smith, F. Trotter Whipper
Those who voted in the negative are:
Allison Bailey Barfield Barrett Battle Bauer Beck Boan Bowers Brown, H. Campsen Carnell Cato Cave Chellis Cooper Cotty Cromer Dantzler Easterday Edge Felder Gamble Govan Hamilton Harrell Harrison Harvin Haskins Hinson Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Lloyd Loftis Martin Mason McCraw McKay Meacham Mullen Neilson Phillips Pinckney Rice Riser Rodgers Sandifer Scott Seithel Simrill Smith, R. Stille Stoddard Townsend Tripp Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to adjourn.
Rep. KIRSH raised the Point of Order that Amendment No.1 had already been passed and the amendment dealt with the same two items.
The SPEAKER, citing Rule 9.3, overruled the Point of Order.
Rep. HODGES: "Where are we if we pass Amendment Number 3 and then we pass this amendment and they have inconsistent language? Are they both in the bill? Is it first in time or last in time?"
SPEAKER WILKINS: " If this amendment amends what was amended by Amendment Number 3, this one would prevail. If Amendment Number 3 amends a bill and this one amends a bill, they don't conflict, then they are both in the bill."
Rep. HODGES: "That means that the retroactivity language that we passed in Amendment Number 3 is taken out? Or the non-retroactivity language? It nullifies Kirsh's Amendment Number 3?"
SPEAKER WILKINS: "This amendment has the effect of striking everything that has been adopted to date and in the bill."
The question then recurred to the adoption of the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Barfield Barrett Battle Boan Bowers Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Edge Felder Gamble Hamilton Harrell Haskins Hinson Jordan Keegan Kelley Klauber Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Loftis Maddox Martin McCraw McKay McLeod Meacham Miller Mullen Neilson Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Stille Townsend Tripp Trotter Vaughn Walker Wilder Wilkes Witherspoon Woodrum Young-Brickell
Altman Bauer Baxley Beck Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Delleney Easterday Fleming Gourdine Govan Harrison Harvin Hawkins Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kennedy Kinon Kirsh Knotts Lloyd Mack Mason McMahand Neal Parks Pinckney Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, R. Stoddard Webb Whatley Whipper Wilkins Young
So, the amendment was adopted.
Rep. D. SMITH proposed the following Amendment No. 8 (Doc Name P:\AMEND\PT\2925DW.97), which was tabled.
Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, page 3272-2, line 8, by inserting after /dollars./ / two-thirds of the amount of any penalty levied pursuant to the provisions of this section must be credited to the General Fund of the State to be used only for low income housing. /
Renumber sections to conform.
Amend title to conform.
Rep. D. SMITH moved to table the amendment, which was agreed to.
Rep. BAXLEY spoke against the Bill.
Rep. CATO moved to reconsider the vote whereby Amendment No. 35 was adopted.
Rep. HASKINS moved to table the motion to reconsider and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Barfield Barrett Battle Boan Brown, H. Byrd Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Edge Felder Gamble Hamilton Harrell Harvin Haskins Hinson Jordan Keegan Kelley Klauber Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Loftis Martin McCraw McKay McLeod Meacham Miller Mullen Neilson Phillips Rhoad Riser Rodgers Sandifer Seithel Stille Townsend Tripp Trotter Vaughn Walker Wilder Wilkes Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Altman Bauer Baxley Breeland Brown, G. Brown, T. Canty Cave Clyburn Cobb-Hunter Cromer Delleney Easterday Fleming Gourdine Govan Harrison Hawkins Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kennedy Kinon Kirsh Knotts Lloyd Mack Mason McMahand Neal Parks Pinckney Rice Robinson Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, R. Stoddard Webb Whatley Whipper Wilkins Young
So, the motion to reconsider was tabled.
Reps. ALTMAN, HAWKINS and HOWARD spoke against the Bill.
Rep. STILLE spoke in favor of the Bill.
Rep. MASON spoke against the Bill.
Rep. LIMBAUGH spoke in favor of the Bill.
Rep. BAXLEY moved to reconsider the vote whereby Amendment No. 4 was tabled.
Rep. CATO moved to table the motion to reconsider and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Barfield Barrett Battle Bauer Boan Brown, H. Campsen Carnell Cato Chellis Cooper Dantzler Davenport Edge Felder Gamble Govan Harrell Harvin Haskins Hinson Jordan Keegan Kelley Klauber Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Loftis Maddox Martin McCraw McKay Meacham Miller Mullen Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Stille Townsend Tripp Trotter Vaughn Walker Wilder Wilkes Witherspoon Woodrum
Those who voted in the negative are:
Altman Baxley Beck Bowers Breeland Brown, G. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cotty Cromer Delleney Easterday Fleming Gourdine Hamilton Harrison Hawkins Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kennedy Kinon Kirsh Knotts Lloyd Mack Mason McLeod McMahand Neal Neilson Parks Pinckney Scott Sharpe Sheheen Simrill Smith, F. Smith, R. Stoddard Webb Whatley Whipper Wilkins Young Young-Brickell
So, the motion to reconsider was tabled.
Rep. CATO, pursuant to Rule 9.2, gave notice of offering technical amendments on third reading.
Reps. FLEMING and KNOTTS spoke against the Bill.
Rep. KNOTTS continued speaking.
Rep. TRIPP spoke in favor of the Bill.
Reps. HODGES, M. HINES and CROMER spoke against the Bill.
Reps. WILKES and CAMPSEN spoke in favor of the Bill.
Rep. NEAL spoke against the Bill.
Rep. NEAL continued speaking.
Rep. KENNEDY moved that the House do now adjourn.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bowers Cave Clyburn Cooper Fleming Hodges Inabinett Knotts Littlejohn Lloyd McLeod Neal Robinson
Those who voted in the negative are:
Allison Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Brown, H. Byrd Campsen Carnell Cato Chellis Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Gamble Gourdine Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, M. Hinson Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Koon Law Leach Lee Limbaugh Limehouse Loftis Mack Maddox Martin Mason McCraw McKay Meacham Miller Mullen Neilson Parks Phillips Rhoad Rice Riser Rodgers Sandifer Scott Seithel Sheheen Simrill Smith, R. Stille Stoddard Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to adjourn.
Rep. NEAL continued speaking.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Barfield Barrett Battle Bauer Boan Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Edge Felder Gamble Govan Harrell Harvin Haskins Hinson Hodges Jordan Keegan Kelley Kennedy Klauber Koon Law Leach Lee Limbaugh Limehouse Littlejohn Loftis Maddox McCraw McKay McLeod Meacham Miller Mullen Neilson Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Simrill Stille Townsend Tripp Trotter Vaughn Walker Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Altman Baxley Beck Bowers Breeland Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Delleney Easterday Fleming Gourdine Harrison Hawkins Hines, J. Hines, M. Howard Inabinett Jennings Kinon Kirsh Knotts Lanford Lloyd Mack Martin Mason McMahand Neal Parks Pinckney Scott Sharpe Sheheen Smith, F. Smith, R. Stoddard Webb Whatley Whipper Young
So, the Bill, as amended, was read the second time and ordered to third reading.
Unconscionable to unintentional, which would you rather a victim of any misfortune have placed upon them? How does any financial institution being a bank or savings and loans organization not be able to create business with customers of real estate, but allow these potential customers to go to a higher interest market consider themselves to be fair? The problem is not attorney preference; however, the problem is customer preference.
Often so many times, these people are the ones who are treated unintentional and unconscionably unfair.
Rep. THEODORE A. BROWN
I voted against H. 3272, which is in part a good Bill and in some respects a Bill with several problems. I agree the archaic law penalties are excessive, to offer an interest free loan plus double damages. However, under the new provision which calls for a penalty of only $100- $1000 is too low for a company to take as a serious threat. The penalty should have some teeth and as a minimum should carry a $5000 penalty. Companies will simply factor in a low penalty as a risk of doing business.
We set a dangerous precedent as a General Assembly to act as judge on pending legislation and make the Bill retroactive. Our courts are designed to make these decisions. Because of constitutionality concerns, I believe this Bill should have been debated in our judiciary committee.
Lastly, I believe the laws we enact should take place upon the signature of the Governor, not upon third reading of the House. For these reasons, I respectfully vote against this Bill.
Rep. MICHAEL E. EASTERDAY
Rep. SCOTT BECK
I voted against H. 3272. It is, in concept, a good Bill. I applaud its sponsors for correcting a bad law which allowed somebody to collect damages when they had not suffered any damage. Unfortunately, this Bill also goes back and takes rights away from people who were only applying the law. I didn't vote for the bad law so I can't apologize for it. I'd like to fix it now, but not punish anyone who was following the law before now. Also, this Bill says that this law is effective and punishes those law-abiding people when it receives third reading from the House - before the Senate or the Governor have a chance to look at it!
Rep. JAMES L.M. CROMER, JR.
Rep. J.M. KNOTTS, JR.
Rep. JOSEPH H. NEAL
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 3272 General Subject Matter: Attorney Preference
The reason for abstaining on the above reference legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. JAMES EMERSON SMITH, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 3272 General Subject Matter: Provisions for certain loans under the Consumer Credit Code
The reason for abstaining on the above reference legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. JOE McMASTER
Rep. CATO moved to reconsider the vote whereby the following Bill was given a second reading.
H. 3272 (Word version) -- Reps. Cato, Limehouse, H. Brown, Tripp, Cooper, Chellis, Seithel, Young-Brickell, Carnell, Mason, Meacham, Bailey, Haskins, Gamble, Allison, Trotter, Robinson, Sandifer, Lee, Govan, Law, Sharpe, Loftis, Phillips, Limbaugh, Harrell, J. Smith, J. Brown, Boan, Simrill, Wilkes and Neilson: A BILL TO AMEND SECTION 37-10-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR THE VIOLATION OF CERTAIN LOAN PROVISIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO DELETE CERTAIN PENALTY PROVISIONS, TO CREATE AN INDIVIDUAL CAUSE OF ACTION, AND TO PROHIBIT A CLASS ACTION FOR A VIOLATION OF THE CHAPTER; AND TO MAKE THESE PROVISIONS APPLY TO CAUSES OF ACTION, INCLUDING APPEALS, PENDING ON THE EFFECTIVE DATE OF THIS ACT AND TO ACTIONS FILED ON AND AFTER THAT DATE.
Rep. HASKINS moved to table the motion, which was agreed to.
Rep. SCOTT moved that the House recur to the morning hour, which was agreed to.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3121 (Word version) -- Reps. Kelley and Bauer: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 51 SO AS TO PROVIDE FOR THE ISSUANCE OF "SOUTH CAROLINA: FIRST IN GOLF" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF THE FEES COLLECTED.
Ordered for consideration tomorrow.
The following was introduced:
H. 3561 (Word version) -- Reps. Scott, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cromer, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION TO PROVIDE THAT PORTRAITS OF FORMER SPEAKERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES SAMUEL J. LEE AND ROBERT BROWN ELLIOTT BE PLACED IN THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES UPON COMPLETION OF THE STATE HOUSE RENOVATION PROJECT.
The Resolution was ordered referred to the Committee on Ways and Means.
The Senate sent to the House the following:
S. 449 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MRS. SYBIL BOLAND FOR TWENTY-THREE YEARS OF PUBLIC SERVICE ON THE ORANGEBURG COUNTY DEPARTMENT OF SOCIAL SERVICES ADVISORY BOARD.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3562 (Word version) -- Reps. Fleming, Whatley, Seithel, McMaster, Sandifer, Knotts, Baxley, Simrill, Young, Hamilton, Trotter, Neilson, Barrett, Walker, Limehouse, Riser, McKay, Gamble, Leach, F. Smith, Battle and Vaughn: A BILL TO AMEND SECTION 23-3-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY AND PROCEDURES FOR RELEASING INFORMATION, SO AS TO REQUIRE THAT INFORMATION BE MADE PUBLIC ON INDIVIDUALS REQUIRED TO REGISTER RATHER THAN TO REQUIRE THE RELEASE OF INFORMATION UPON REQUEST REGARDING A SPECIFIC PERSON AND TO DELETE THE PROVISION AUTHORIZING A SHERIFF TO DISSEMINATE INFORMATION ON A PERSON IF IT IS BELIEVED THE RELEASE WILL DETER THE CRIMINAL ACTIVITY.
Referred to Committee on Judiciary.
H. 3563 (Word version) -- Reps. Sandifer, Parks, Canty and Lanford: A BILL TO AMEND CHAPTER 19, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3564 (Word version) -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-225 SO AS TO EXTEND VARIOUS MOTOR VEHICLE INSURANCE COVERAGES TO "LOANER" VEHICLES AND DEMONSTRATOR VEHICLES AND PROVIDE FOR RELATED MATTERS.
Referred to Committee on Labor, Commerce and Industry.
H. 3565 (Word version) -- Rep. McLeod: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ALLOW INDIVIDUAL TAXPAYERS AGED SIXTY-FIVE YEARS OR OLDER TO DEDUCT NOT MORE THAN FIVE THOUSAND DOLLARS OF SOUTH CAROLINA EARNED INCOME RECEIVED IN A TAXABLE YEAR AND TO LIMIT THE APPLICATION OF THIS DEDUCTION; AND TO AMEND SECTION 12-8-1040, RELATING TO WITHHOLDING EXEMPTION CERTIFICATES, SO AS TO DELETE THE REQUIREMENT FOR ANNUAL REFILING OF THE CERTIFICATE FOR TAXPAYERS SIXTY-FIVE YEARS OF AGE OR OLDER.
Referred to Committee on Ways and Means.
H. 3566 (Word version) -- Reps. Vaughn, Allison, Sandifer, Wilder, F. Smith, Haskins, Leach, Moody-Lawrence, Hawkins, Hamilton, Fleming, Walker, Klauber, Rice, Loftis, Robinson, D. Smith, Barrett, Martin and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-155 SO AS TO PROVIDE THAT IF A BRIDGE FOR MOTOR VEHICLES OVER A RAILROAD TRACK WHICH BRIDGE IS OWNED BY A RAILROAD COMPANY IS CLOSED BY THE DEPARTMENT OF TRANSPORTATION AS BEING UNSAFE FOR VEHICULAR USE, NO RAILROAD TRAFFIC MAY USE THE TRACK UNDERNEATH SUCH BRIDGE UNTIL IT IS REPLACED OR UNLESS FLAGMEN ARE USED ON THE RAILROAD TRACKS APPROACHING THE BRIDGE UNTIL IT IS REPLACED; AND TO ADD SECTION 58-17-156 SO AS TO ESTABLISH A "RAILROAD BRIDGE REPLACEMENT FUND" INTO WHICH RAILROAD COMPANIES SHALL PAY ASSESSMENTS FOR THE REPLACEMENT OF CERTAIN BRIDGES OWNED BY IT, THE COST OF WHICH SHALL BE SHARED EQUALLY BY THE RAILROAD COMPANY AND THE STATE AND TO PROVIDE THE PROCEDURES UNDER WHICH THESE FUNDS MUST BE EXPENDED.
Referred to Committee on Education and Public Works.
H. 3567 (Word version) -- Reps. Riser, Koon, Bauer, Knotts and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-17 SO AS TO REQUIRE THE CHIEF ADMINISTRATIVE OFFICER OF A MUNICIPALITY PLANNING TO ANNEX PROPERTY TO NOTIFY THE CHIEF ADMINISTRATIVE OFFICER OF A MUNICIPALITY TO WHICH THE ANNEXING MUNICIPALITY IS CONTIGUOUS OF THE ANNEXATION BEFORE THE ANNEXATION IS COMPLETED.
Referred to Committee on Judiciary.
H. 3568 (Word version) -- Rep. Govan: A BILL TO AMEND ACT 526 OF 1996, RELATING TO THE CONSOLIDATED SCHOOL DISTRICTS OF ORANGEBURG COUNTY, SO AS TO ESTABLISH A NEW CONSOLIDATED SCHOOL DISTRICT TWO WHICH CONSISTS OF THE BOUNDARIES OF PRESENT SCHOOL DISTRICTS TWO AND EIGHT, TO PROVIDE FOR A BOARD OF TRUSTEES FOR THIS CONSOLIDATED DISTRICT, AND TO PROVIDE FOR ITS POWERS, DUTIES, AND FUNCTIONS.
Referred to Orangeburg Delegation.
H. 3569 (Word version) -- Reps. Jordan, Altman, Barrett, Simrill, F. Smith, Littlejohn, R. Smith, Meacham, Rodgers, Townsend, Sandifer, Whatley, Riser, Bailey, Cooper, Maddox, Martin, Hamilton, Neilson, Wilder, Stille, Koon, Easterday, Young, Govan, Davenport, Young-Brickell, Inabinett, Mason and Leach: A BILL TO AMEND SECTION 16-15-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDECENT EXPOSURE, SO AS TO DELETE THE CURRENT PROVISIONS, INCLUDING PENALTIES AGAINST A BUSINESS THAT KNOWINGLY PERMITS A VIOLATION OF THIS SECTION WITHIN ITS PREMISES, WHICH PENALTIES MAY INCLUDE A LOSS OF ALCOHOLIC LIQUOR LICENSES, TO DEFINE AND PROHIBIT NUDITY, AND TO PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Judiciary.
H. 3570 (Word version) -- Reps. Vaughn, Walker and Littlejohn: A BILL TO AMEND SECTION 56-3-2350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTER MOTOR VEHICLE LICENSE PLATES, SO AS TO LIMIT THEIR USE TO MOVEMENT OF MOTOR VEHICLES FROM A MANUFACTURER TO A DEALER OR DISTRIBUTOR, IN CONNECTION WITH THE CONSTRUCTION OF VEHICLE CABS OR BODIES, AND MOVING FORECLOSED OR REPOSSESSED VEHICLES AND TO PROHIBIT THE USE OF THESE PLATES ON VEHICLES LOANED, RENTED, OR LEASED TO EMPLOYEES OF THE TRANSPORTER OR ANY OTHER INDIVIDUALS.
Referred to Committee on Education and Public Works.
Rep. J. BROWN moved that the House do now adjourn, which was adopted.
At 2:10 P.M. the House in accordance with the motion of Rep. J. BROWN adjourned in memory of Dr. Julian E. Grant of Newberry, to meet at 10:00 A.M. tomorrow.
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