Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear words recorded in the Book of Joshua, Chapter 3 (v.7):
"And the Lord said to Joshua,
'This day I will begin to exalt you in the sight of all Israel,
that they may know that, as I was with Moses, so I will be with you'..."
Let us pray.
Our Father, as the pressures of responsibility begin to mount, we remember Joshua at the River Jordan.
With the Promised Land so near, and with yet so many obstacles to overcome, the Lord began to build up their faith and courage for leadership.
Lord, we know something about the stress of responsibility; so we pray for
"A faith that shines more bright and clear
When tempests rage without;
That when in danger knows no fear,
In darkness feels no doubt."
When daring decisions are necessary, give us courage.
When procedures should be planned cautiously, give us patience.
In the sunshine and in the shadows, may we hear You say to each of us, "As I was with Moses, so I will be with you."
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
This report is based upon a joint legislative study of the consumer lenders and related businesses. This study was commenced pursuant to Act 135 of 1995. The committee members included: Senators "Greg" Gregory, Darrell Jackson, and Linda Short; Representatives Margaret Gamble, Herb Kirsh, and James Law; C. Dean Bratton, Director of the Consumer Finance Division of the State Board of Financial Institutions; and Phil Porter, Administrator of the Department of Consumer Affairs and State Consumer Advocate. The committee elected Senator Linda Short as its chairperson and Representative Margaret Gamble as its vice-chairperson.
HISTORY OF COMMITTEE ACTIVITIES AND PROCEEDINGS
The committee's purpose was to study the impact of Act 135 of 1995, which made a number of changes relating to "restricted" and "supervised" lenders. Pursuant to Act 99 of 1997, the committee's scope was expanded to cover "such other matters as the committee deems appropriate." Pursuant to this authority, the committee also studied mortgage guaranty insurance, guaranteed auto protection, title loans, check cashing businesses and businesses deferring presentment of checks, and credit insurance. The committee has addressed specific questions and made specific findings with respect to each of these broad issues, as more fully explained below.
The committee held its organizational meeting on August 27, 1997. The committee then held public hearings on September 24, 1997; October 14, 1997; October 21, 1997; and November 19, 1997. The committee held deliberative meetings on January 7, 1998; and January 22, 1998. Representatives from the various industries affected and persons advocating protection of consumers provided testimony during the course of these hearings.
Credit Insurance
A. Should credit insurance rates be established by the General Assembly or by the Department of Insurance? Should the rates be established on the basis of a minimum required loss ratio or upon a fixed monetary amount?
Credit insurance rates should be regulated by the Department of Insurance. However, the General Assembly should set a minimum
required loss ratio by which rates should be determined. The lower the loss ratio, the higher the profit margin for credit insurance companies and therefore the more that the borrowers are overcharged. According to the Department of Insurance, the loss ratio in South Carolina in 1996 was 35%. The National Association of Insurance Commissioners recommends a minimum 60% loss ratio for credit insurance companies, which is appropriate for South Carolina. South Carolina rates are among the highest in the nation; the loss ratio is among the lowest. Clearly, South Carolina citizens, almost all of whom at some point purchase credit life insurance, are being significantly overcharged. Our border state, North Carolina, charges $0.50 per $100, compared to $0.65 per $100 in South Carolina. South Carolina's citizens have every right to fair and equitable treatment by the credit life industry.
B. Should both gross indebtedness (principal plus finance charges) coverage and net payoff indebtedness (principal only) coverage be allowed?
Both gross indebtedness (principal plus finance charges) coverage and net payoff indebtedness (principal only) coverage should be allowed. There should be flexibility in the coverages offered.
C. Should commissions earned by the lender on credit insurance products be restricted?
YES. The ability of the lender to earn premiums on the sale of credit insurance gives the lender the incentive to "push" insurance products.
D. When included in a consumer credit transaction, should credit life insurance coverage (for which premiums are calculated on the basis of the number of years of the loan) be required to be in effect for the entire duration of the loan?
YES. It is unconscionable that a person would be sold coverage that expires before the obligation to repay the loans expires. The borrower receives an insubstantial benefit from this transaction.
E. Should continuing education requirements be established for persons selling credit life insurance?
NO. The tremendous turnover in employment with consumer finance companies makes this impractical. It should be left up to the discretion of the Director.
Reactions to Act 135 of 1995
A. Should the pamphlet distributed with consumer loans be revised to provide more balanced information?
YES. The pamphlet circulated by the Department of Consumer Affairs is misleading because it provides substantially more information about how the consumer can avoid payment of debts incurred without presenting a sufficient amount of information about the consumer's responsibility to pay debts incurred.
B. Should the threshold at which supervised lenders must lend at restricted lender rates be increased or indexed to inflation?
YES. Currently, for loans less than $600, "supervised lenders" (whose rates are ordinarily not restricted) must lend at the legally allowed rate for "restricted lenders." This requirement is easily avoided by simply making a loan for an amount slightly greater than $600, without any limit on the amount of the finance charge. This reality places restricted lenders at a competitive disadvantage. The average loan amount by restricted lenders was $510 in 1996, up more than 12% from the average amount of $455 in 1994. Therefore, the $600 threshold should be raised to $800 and indexed to inflation.
C. Should the General Assembly repeal the prohibition against more than one refinancing of a loan within a 15-month period in which the customer receives cash proceeds equal to less than 10% of the prior net loan balance being refinanced?
NO. The 1994 Joint Legislative Committee to Study Consumer Finance issues recommended legislation to control the number of loan renewals which provide no or insubstantial additional funds for the consumer. The committee believed, based on testimony and evidence, that "flipping" of loans would be discouraged by this limitation. Prior to the 1995 legislation which made this change, the information maintained by the State Board of Financial Institutions did not reflect the number of renewed loans which fell into this category, meaning that it is not possible to compare the 1996 data to data from any prior year to determine if a difference has been made. Given these circumstances, there has not been any compelling evidence presented which would cause the committee to disturb the 1994 committee's findings and recommendations.
D. Should the monthly maintenance fee earned by restricted lenders be increased by $1 per month?
NO. The consumer loan industry's recent experience with charge-offs is consistent with a national trend toward increased consumer defaults and bankruptcies. Consequently, the changes made by Act 135 of 1995 did not cause any increase in the operating costs and losses of consumer lenders. Furthermore, adjustments of restricted lender rates were made in 1995 in an effort to establish revenue neutrality with regard to the changes made therein. Therefore, the fee structure adopted in Act 135 of 1995 should be continued.
Guaranteed Auto Protection
A. Should Guaranteed Auto Protection (GAP) coverage continue to be regulated as an insurance product (insurer treatment), requiring no legislative change, or should GAP coverage be regulated as a debt cancellation waiver (lender treatment), requiring a legislative change?
GAP coverage should be regulated as an insurance product. Regulation as an insurance product means that the rates and forms for GAP coverage are approved by the Department of Insurance.
B. Should the commissions on the sale of GAP coverage be restricted?
YES. GAP coverage is different from other insurance products because the incentive to "push" the product is greater when commissions are allowed without restriction.
C. Should the Consumer Advocate engage in an education campaign regarding GAP coverage?
YES. An education campaign initiated by the State Consumer Advocate could have the double benefit of informing borrowers of the potentially benefits of GAP coverage while at the same time informing them about the rights and responsibilities associated with GAP coverage.
Mortgage Guaranty Insurance
Should the State of South Carolina enact specific legislation regulating mortgage guaranty insurance cancellation?
NO. Rather than enacting legislation, the General Assembly should memorialize Congress to enact legislation on this issue, without preemptive language.
Title Loans
A. Should a provision be enacted to prohibit a company from engaging in the lease-back of a vehicle to the consumer in exchange in for an advance of money secured by a motor vehicle title?
YES. Specifically including this provision would protect consumers from potentially higher fees charged by lenders attempting to avoid characterization of the transaction as a loan.
B. Should title lenders be regulated like supervised lenders, with rate deregulation above $600, or like pawnbrokers, with limitations on the fees charged and the duration of transactions?
Title lenders should be regulated as pawnbrokers. Regulation as a pawnbroker would allow the lender to earn higher fees on small loans (less than $600) than they are currently allowed to earn as a supervised lender. Consumers are protected because there is a cap on the interest that a pawnbroker may earn, so title lenders could not charge unlimited rates. The caps on pawnbroker rates would cut the rates that title lenders earn almost in half for amounts greater than $600. In states where title lenders are regulated as pawnbrokers, the rate of customers paying out within 30 days is higher. The current pawnbroker law should be amended to specifically allow the title to a vehicle to be held rather than require the actual taking of possession of the vehicle.
C. How should the sales of repossessed vehicles be addressed?
Title lenders should sell repossessed vehicles in the same manner as a "commercially reasonable sale" under the Uniform Commercial Code (UCC). Under the UCC, the sale of a repossessed vehicle is subject to the "no breach of the peace rule," must be conducted in a commercially reasonable manner after reasonable notification to the debtor, and the debtor is entitled to any surplus of the sales proceeds over the loan balance plus the expenses of the sale. Because a title loan is very similar to a traditional loan using an automobile as collateral, it is appropriate that vehicles subject to a title loan be disposed of in a similar manner.
Check Cashing/Deferred Presentment
A. Should "check cashers" and "deferred presentment services" be regulated as discrete industries, with separate licenses required for each industry, or should they be regulated as one industry under the label "check cashing services?"
The business of deferred presentment services and check cashing services are very different and should be regulated as discrete industries.
B. What, if any, should be the maximum charge(s) for cashing government checks, payroll checks, and personal checks?
The maximum charge for cashing government checks should be 2% or $3, whichever is greater. The maximum charge for cashing printed (typewritten or computer generated) payroll checks should be 2% or $3, whichever is greater. The maximum charge for cashing all other types of checks (including handwritten payroll checks) should be 7% or $5, whichever is greater.
C. Should cashing or advancing money on a postdated check, or deferring presentment or deposit of a check be prohibited? If not prohibited, what, if any, should be: (1) the maximum charge for deferring deposit of checks; (2) the maximum deferral amount; and (3) the maximum deferral period? If not prohibited, should there be a prohibition on, or a limitation on, renewal of deferred deposit transactions upon and after expiration of the original deferral agreement?
Deferring presentment of a check should not be prohibited. The cost of "bouncing" a check is high and getting higher. The cash advance services industry is an alternative to high overdraft fees. The market for these services exists because customers want and need a fast, courteous, and professional alternative to bouncing a check. Customers needing to borrow $100-$300 are vastly under-served by traditional consumer credit options, as less than one-half of one percent of all loans made by restricted lenders are for amounts of $150 or less.
The maximum charge for deferring presentment of a check should be 12% of the face amount of the check. The maximum amount of a check which may be deferred should be $300, exclusive of the fee imposed. The maximum duration of a deferred presentment transaction should be 31 days. Renewal of the transaction beyond the term of the initial transaction should be prohibited.
Annual Reports
A. Should annual reports of restricted and supervised lenders be the same (loan amounts, etc.)?
YES. Restricted and supervised lenders are restricted to the same rates at amounts less than $600 under current law. The reports prepared by the State Board of Financial Institutions should be written so that a comparison can be made of loan activity among the different classes of lenders at the same dollar amounts.
B. Should title lenders, check cashing services, and deferred presentment services be listed under separate reporting categories on annual reports of the State Board of Financial Institutions?
YES. Separate reporting categories are appropriate for each of these industries.
The Committee thanks the following persons whose testimony made this report possible:
Reactions to Act 135 of 1995
George Powell, Consumer Finance Division, State Board of Financial Institutions
Sue Berkowitz, South Carolina Legal Services Association
Derial Ogburn, Executive Director, South Carolina Financial Services Association
John Ruoff, South Carolina Fair Share
Charlie Walters, Independent Consumer Finance Association
Mortgage Guaranty Insurance
Lee Jedziniak, Director, Department of Insurance
Dean Kruger, Director of Forms and Rates, Actuarial Services, Department of Insurance
Jerry Fowler, Real Estate, Agent and Broker, ReMAX
Richard L. Gray, Vice President, General Counsel, United Guaranty Residential Corp.
David Whitener, Real Estate Attorney
Guaranteed Auto Protection
Lee Jedziniak, Director, Department of Insurance
Dean Kruger, Director of Forms and Rates, Actuarial Services, Department of Insurance
Maria Guttuso, JM&A Group
Title Loans
Sue Berkowitz, South Carolina Legal Services Association
Robert Reich, President, Title Loans of America
John Ruoff, South Carolina Fair Share
Check Cashing\Deferred Presentment
William Bowden, check casher, Columbia
Moffatt Burriss, Executive Vice President, BIPEC
John Caudle, South Carolina Check Cashers Association
Brenda McKenzie, National Cash Advance
John Ruoff, South Carolina Fair Share
William Webster, President and Chief Executive Officer, Advance America
Wally Zonich, President, Check Masters, North Charleston
Credit Insurance
Lee Jedziniak, Director, Department of Insurance
Leslie Jones, Deputy Director, Life/Accident Chief Actuary, Department of Insurance
Sue Berkowitz, South Carolina Legal Services Association
Lloyd Hendricks, Executive Director, South Carolina Bankers Association
Dinnah McClain, Citizen
Walter D. Runkle, Vice President, Government Relations, Consumer Credit Industry Association
Staff assistance was provided by Kenneth A. Davis, Office of Senate Research; Mary Lou Price, Senate Banking and Insurance Committee; Carmen Tevis, House Labor, Commerce, and Industry Committee, and Jo Anne Wessinger, House Labor, Commerce, and Industry Committee.
(On motion of Senator SHORT, with unanimous consent, ordered printed in the Journal.)
November 12, 1997
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Disciplinary Panel for Massage/Bodywork, with term to commence June 30, 1997, and to expire June 30, 1999:
Therapist:
Mr. Joseph M. Norris, YMCA, 1420 Sumter Street, Columbia, S.C. 29201
Referred to the Committee on Labor, Commerce and Industry.
TO: Members of the S. C. Senate
FROM: Thomas C. Alexander
DATE: January 30, 1998
RE: Dr. Constantine W. Curris, President of Clemson University
On Thursday, January 29, 1998, Dr. Constantine W. Curris, President of Clemson University, underwent surgery to remove a growth from his chest cavity.
Surgery was successful and Dr. Curris was awake, alert and recuperating within a few hours after the operation. Within a short time after his surgery he was asking his wife, Jo, if she had been able to contact other members of the family to tell them the good news about the operation.
Previously, Dr. Curris was diagnosed with cancer for which treatment was expected to be successful. The expected course of treatment was to include chemotherapy followed by surgery.
Dr. Curris and his wife both express their sincere appreciation for the outpouring of prayers, love and support from the community, friends and the Clemson family.
Any cards and letters should be forwarded to: 201 Sikes Hall, Clemson University, Clemson, S.C. 29634.
(On motion of Senator ALEXANDER, with unanimous consent, ordered printed in the Journal.)
Senator LANDER introduced Dr. William C. Gerard of Chapin, S.C., Doctor of the Day.
On motion of Senator J. VERNE SMITH, with unanimous consent, the following appointment was recalled from the Committee on Labor, Commerce and Industry:
Initial Appointment, Director of the Department of Parks, Recreation and Tourism, with term to commence July 1, 1997, and to expire at the pleasure of the Governor:
Mr. William R. Jennings, 233 McLeod Road, Chapin, S.C. 29036 VICE Grace G. Young (resigned)
On motion of Senator J. VERNE SMITH, with unanimous consent, the appointment was committed to the Committee on Fish, Game and Forestry.
The following were introduced:
S. 984 (Word version) -- Senators Holland, Alexander, Anderson, Branton, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE PEDEN B. MCLEOD OF COLLETON COUNTY FOR HIS OUTSTANDING LEADERSHIP AS CODE COMMISSIONER AND DIRECTOR OF THE LEGISLATIVE COUNCIL, EXPRESSING DEEPEST APPRECIATION TO HIM FOR HIS MANY YEARS OF DEDICATED AND EXCELLENT PUBLIC SERVICE, AND EXTENDING BEST WISHES TO HIM UPON HIS RETIREMENT; AND DESIGNATING HIM "SOUTH CAROLINA CODE COMMISSIONER EMERITUS".
The Concurrent Resolution was adopted, ordered sent to the House.
S. 985 (Word version) -- Senators Wilson, Drummond, Russell, Grooms, Courson, O'Dell and McConnell: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES OF AMERICAN TO RENAME THE WASHINGTON NATIONAL AIRPORT IN VIRGINIA AFTER FORMER PRESIDENT RONALD WILSON REAGAN ON THE OCCASION OF HIS EIGHTY-SEVENTH BIRTHDAY ON FEBRUARY 6, 1998.
Introduced and referred to the Committee on Judiciary.
S. 986 (Word version) -- Senators Holland and Martin: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF REGISTRATION, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE BOARD MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH BOARD MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR; TO AMEND SECTION 7-5-35, RELATING TO PROVISIONS FOR INCLUSION OF MAJORITY AND MINORITY PARTY REPRESENTATIVES APPLICABLE TO CERTAIN ELECTION AND REGISTRATION COMMISSIONS AS CONSTITUTED FOR PRIMARY ELECTIONS AND PROTESTS, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE COMMISSION MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH COMMISSION MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR; AND TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE COMMISSION MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH COMMISSION MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR.
Read the first time and referred to the Committee on Judiciary.
S. 987 (Word version) -- Senator Cork: A BILL TO AMEND SECTION 27-31-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE PROVISION THAT THE HORIZONTAL PROPERTY REGIME MAY BE WAIVED AND MERGED, SO AS TO PROVIDE THAT IN THE CASE OF NONPROFIT LONG-TERM CARE RETIREMENT OR LIFE CARE FACILITIES, IF THERE ARE CO-OWNERS THEN A TWO-THIRDS VOTE, RATHER THAN A UNANIMOUS VOTE, OF THE CO-OWNERS SUFFICES TO WAIVE THE REGIME.
Read the first time and referred to the Committee on Judiciary.
S. 988 (Word version) -- Senator Passailaigue: A BILL TO AMEND SECTION 28-2-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTEREST PAID ON THE AMOUNT FOUND TO BE JUST COMPENSATION IN A CONDEMNATION ACTION, SO AS TO REVISE THE INTEREST RATE AND THE INTEREST ACCRUAL PERIOD.
Read the first time and referred to the Committee on Judiciary.
S. 989 (Word version) -- Senators McConnell and Holland: A BILL TO AMEND SECTION 40-19-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR FUNERAL ESTABLISHMENTS, SO AS TO REQUIRE A FUNERAL HOME OWNED BY AN INDIVIDUAL, A PARTNERSHIP, CORPORATION, OR OTHER ENTITY WHOSE ACTUAL OWNERSHIP IS NOT CLEARLY REFLECTED IN THE BUSINESS NAME UNDER WHICH THE BUSINESS IS OPERATING MUST CONSPICUOUSLY NOTE IN ITS SIGNAGE, LETTERHEAD, AND ADVERTISEMENTS THE NAME OF THE INDIVIDUAL, PARTNERSHIP, CORPORATION, OR OTHER ENTITY WHICH OWNS THE FUNERAL HOME.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 990 (Word version) -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 57-1-35 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION THE AUTHORITY TO ESTABLISH A SPECIAL FUNDS ACCOUNT; BY ADDING SECTION 57-1-38 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION DISCRETIONARY AUTHORITY TO RELAX DESIGN AND CONSTRUCTION STANDARDS FOR HIGHWAY PROJECTS IN THE SECONDARY STATE HIGHWAY SYSTEM WITHOUT INCURRING LIABILITY; BY ADDING SECTION 57-11-95 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION THE AUTHORITY TO EXPEND ALL CASH BALANCES FROM A PRIOR YEAR UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 57-11-100 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION THE AUTHORITY TO SECURE BONDS AND INSURANCE COVERING CERTAIN ACTIVITIES; BY ADDING SECTION 57-11-105 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION THE AUTHORITY TO COMPENSATE ITS EMPLOYEES PURSUANT TO THE STATE'S ANNUAL APPROPRIATIONS ACT; AND BY ADDING SECTION 57-11-110 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION THE AUTHORITY TO ESTABLISH A SCHEDULE OF DOCUMENT FEES.
Read the first time and referred to the Committee on Transportation.
S. 991 (Word version) -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-1625 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY CONSIDER COSTS IN PROCURING QUALIFIED PROFESSIONAL CONSULTANTS FOR CERTAIN PROJECTS.
Read the first time and referred to the Committee on Transportation.
S. 992 (Word version) -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-1495 SO AS TO PROVIDE DEFINITIONS RELATED TO THE COLLECTION OF TOLLS, TO PROVIDE THAT CERTAIN PERSONS ARE LIABLE FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR PENALTIES FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR ENFORCEMENT, NOTIFICATION, AND ADJUDICATION PROCEDURES FOR TOLL VIOLATIONS, AND TO PROVIDE FOR ELECTRONIC COLLECTION OF TOLLS AND RESTRICTIONS ON THE USE OF PHOTOGRAPHS AND OTHER RECORDED IMAGES USED DURING TOLL COLLECTION.
Read the first time and referred to the Committee on Transportation.
H. 4401 (Word version) -- Reps. D. Smith, Harrison, Young, Baxley, McMaster, Wilkins and Delleney: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A BILL OF RIGHTS FOR CRIME VICTIMS, SO AS TO PROVIDE THAT REQUIREMENTS THAT VICTIMS OF CRIMES BE NOTIFIED AND INFORMED OF THEIR RIGHTS AND PRIVILEGES CONFERRED UPON THEM UNDER THIS SECTION DO NOT APPLY TO CRIMES THE GENERAL ASSEMBLY BY LAW EXCLUDES FROM THESE REQUIREMENTS, AND TO PERMIT THE GENERAL ASSEMBLY BY LAW TO FURTHER DEFINE THE TERM "VICTIM" FOR PURPOSES OF THIS SECTION TO STIPULATE THE SPECIFIC INDIVIDUALS TO WHOM THIS SECTION APPLIES.
Read the first time and referred to the Committee on Judiciary.
H. 4555 (Word version) -- Reps. Klauber and Carnell: A CONCURRENT RESOLUTION RECOGNIZING AND SALUTING PARK SEED COMPANY OF GREENWOOD FOR ITS "SEEDS IN SPACE II" PROGRAM AND COMMENDING THE COMPANY FOR ITS MANY ACCOMPLISHMENTS OVER THE YEARS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4561 (Word version) -- Reps. Young, G. Brown, Woodrum, Harvin, Neal and Canty: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THE HONORABLE BERNARD J. WARSHAUER, RETIRED FAMILY COURT JUDGE FROM SUMTER COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 477 (Word version) -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3500, SO AS TO ALLOW A CREDIT IN AN AMOUNT EQUAL TO THE TAXES PAID ON QUALIFIED RETIREMENT PLAN CONTRIBUTIONS MADE BY THE TAXPAYER WHILE RESIDING IN ANOTHER STATE WHICH DID NOT EXEMPT SUCH CONTRIBUTIONS FROM ITS STATE INCOME TAX AND TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL PRESCRIBE THE METHOD OF CLAIMING THE CREDIT WHICH MUST BE SPREAD OVER THE LIFE EXPECTANCY OF THE TAXPAYER.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
S. 605 (Word version) -- Senator Cork: A BILL TO AMEND SECTION 4-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNEXATION OF PART OF ONE COUNTY BY ANOTHER, SO AS TO REQUIRE THE APPROVAL OF THE COUNTY COUNCIL OF THE COUNTY FROM WHICH THE AREA IS PROPOSED TO BE TRANSFERRED WHERE THE AREA TO BE ANNEXED IS LESS THAN FIVE THOUSAND ACRES IN SIZE OR WHERE THE AREA TO BE ANNEXED HAS A POPULATION RATIO OF LESS THAN ONE ELECTOR FOR EACH TEN ACRES.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:
S. 862 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 16-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIME CLASSIFICATION, SO AS TO PROVIDE THAT ALL OFFENSES CLASSIFIED AS EXEMPT WITH MAXIMUM PENALTIES OF IMPRISONMENT OF FIVE YEARS OR MORE ARE FELONIES; TO AMEND SECTION 16-3-26, RELATING TO THE DEATH PENALTY, SO AS TO REQUIRE NOTICE OF A SOLICITOR'S INTENTION TO SEEK THE DEATH PENALTY TO BE IN WRITING; TO AMEND SECTION 16-3-660, RELATING TO DEPOSITION TESTIMONY, SO AS TO ALLOW A JUDGE TO ORDER VIDEO DEPOSITION OF A RAPE VICTIM WHEN THE PERSON IS A WITNESS IN THE TRIAL; TO AMEND SECTION 16-3-1240, RELATING TO THE VICTIM'S COMPENSATION PROGRAM, SO AS TO AUTHORIZE THE DISCLOSURE OF INFORMATION REGARDING A PARTICULAR APPLICANT FOR VICTIM COMPENSATION BY COURT ORDER UPON A SHOWING OF GOOD CAUSE; TO AMEND SECTION 16-11-310, RELATING TO OFFENSES AGAINST PROPERTY, SO AS TO NARROW THE DEFINITION OF "BUILDING"; TO AMEND SECTION 16-11-617, RELATING TO THE OFFENSE OF ENTERING ANOTHER'S PROPERTY FOR THE PURPOSE OF CULTIVATING MARIJUANA, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED WILLFULLY; TO AMEND SECTION 16-11-650, RELATING TO THE OFFENSE OF REMOVING A FENCE, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED INTENTIONALLY; TO AMEND SECTION 16-13-60, RELATING TO THE OFFENSE OF STEALING DOGS, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED WITH THE INTENT TO PERMANENTLY DEPRIVE THE OWNER THEREOF; TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO THE CRIME OF DOMESTIC VIOLENCE, SO AS TO DELETE THE TERM "FAMILY VIOLENCE"; TO AMEND SECTION 17-4-20, RELATING TO THE COMMISSION OF APPELLATE DEFENSE, SO AS TO REPLACE THE MEMBERSHIP SEAT ALLOCATED TO THE SOUTH CAROLINA TRIAL LAWYERS ASSOCIATION WITH ONE ALLOCATED TO THE SOUTH CAROLINA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS; TO AMEND SECTION 17-13-141, RELATING TO RECORDS KEPT BY JUDICIAL OFFICERS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE FORMS; TO AMEND SECTION 17-13-160, RELATING TO FORMS OF ARREST AND SEARCH WARRANTS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE FORMS; TO AMEND SECTION 17-15-40, RELATING TO BAIL AND RECOGNIZANCE FORMS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE THE FORMS; TO AMEND SECTION 17-19-80, RELATING TO INDICTMENTS, SO AS TO REQUIRE THAT A PERSON INDICTED OF A CAPITAL OFFENSE BE GIVEN A COPY OF THE INDICTMENT THIRTY DAYS BEFORE TRIAL; TO AMEND SECTION 17-21-80, RELATING TO CHANGE OF VENUE, SO AS TO AUTHORIZE A JUDGE TO CHANGE THE VENUE IN A CRIMINAL CASE TO ANOTHER COUNTY; TO AMEND SECTION 23-3-480, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE THAT A SEX OFFENDER MAY NOT BE PENALIZED FOR FAILING TO REGISTER IF HE WAS CONVICTED OF A SPECIFIC OFFENSE PRIOR TO JULY 1, 1994; TO AMEND SECTION 56-1-1380, RELATING TO A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT A RESIDENT OF THIS STATE WHO IS CONVICTED OF A TRAFFIC OFFENSE IN ANOTHER STATE MAY APPLY FOR A PROVISIONAL LICENSE IF HIS DRIVER'S LICENSE IS SUSPENDED AS A RESULT OF THE CONVICTION; AND TO REPEAL SECTIONS 16-3-410, 16-3-420, 16-3-430, 16-3-440, 16-3-450, 16-3-460, 16-3-720, 16-11-720, 17-13-70, 17-13-100, AND 17-13-110.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable report on:
S. 865 (Word version) -- Senators McConnell, Reese and Mescher: A BILL TO AMEND SECTION 20-7-1370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF FAMILY COURT JUDGES, SO AS TO DELETE A PROVISION ALLOWING A FORMER MEMBER OF THE GENERAL ASSEMBLY TO BE ELECTED TO A FAMILY COURT JUDGESHIP NOTWITHSTANDING ANY OTHER PROVISION OF LAW.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
S. 874 (Word version) -- Senators Drummond, Mescher, Washington and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-470 SO AS TO AUTHORIZE A COUNTY BOARD OF REGISTRATION TO USE OTHER MEANS OF VOTING ABSENTEE INSTEAD OF BY PAPER BALLOT IF CERTIFIED BY THE STATE ELECTION COMMISSION AND TO AUTHORIZE THE COMMISSION TO ESTABLISH STANDARDS AND GUIDELINES TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 876 (Word version) -- Senators Drummond and Alexander: A BILL TO AMEND SECTION 11-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF THE COMPTROLLER GENERAL TO THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY TAXES COLLECTED, SO AS TO DELETE OBSOLETE LANGUAGE AND REFER TO ALL TAXING ENTITIES; TO AMEND SECTIONS 12-39-140, 12-39-310, AND 12-45-300, RELATING TO THE DUTIES OF COUNTY AUDITORS, SO AS TO DELETE OBSOLETE REQUIREMENTS AND MODERNIZE REPORTING REQUIREMENTS TO THE COMPTROLLER GENERAL; AND TO REPEAL SECTIONS 11-3-190, 12-39-290, AND 12-45-340, RELATING TO OBSOLETE REPORTING AND RECORD KEEPING REQUIREMENTS.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:
S. 898 (Word version) -- Senator Hayes: A CONCURRENT RESOLUTION REQUESTING THE HONORABLE C. WESTON HOUCK, CHIEF JUDGE OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA, TO PROVIDE FOR THE TRANSMITTAL TO THE CODE COMMISSIONER OF THIS STATE AN UNPUBLISHED FEDERAL OPINION DECIDED IN THE DISTRICT WHICH INVALIDATES OR AFFECTS THE INTERPRETATION OF A SOUTH CAROLINA STATUTE, ACT, CODE SECTION, OR RESOLUTION.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:
S. 915 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-55 SO AS TO REQUIRE THE CODE COMMISSIONER TO ANNOTATE IN THE SOUTH CAROLINA CODE OF LAWS ALL UNPUBLISHED FEDERAL OPINIONS DECIDED IN THE DISTRICT HAVING AN EFFECT ON THE INTERPRETATION OR INVALIDATIONS OF SOUTH CAROLINA STATUTES WHICH HAVE BEEN SENT TO HIM BY THE CHIEF FEDERAL DISTRICT JUDGE.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations has polled out S. 946 favorable:
S. 946 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE ANTHONY G. JORDAN, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, FEBRUARY 25, 1998.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON asked unanimous consent to take the Concurrent Resolution up for immediate consideration.
There was no objection.
On motion of Senator COURSON, with unanimous consent, the Concurrent Resolution was adopted and ordered sent to the House.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
H. 3908 (Word version) -- Reps. Seithel, Breeland, Dantzler, Altman, Campsen, Harrell, Chellis, Inabinett, Limehouse, Whatley, Young-Brickell, Lloyd, Robinson and Clyburn: A BILL TO AMEND SECTION 12-51-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR EXECUTION, LEVY,
NOTICE, AND SEIZURE AND SALE IN INSTANCES OF DELINQUENT COUNTY TAXES, SO AS TO CLARIFY THE MEANING OF "BEST ADDRESS", TO SPECIFY "RESTRICTED DELIVERY" OF CERTIFIED MAILED NOTICES, AND TO REQUIRE NOTICE TO THE OWNER OF RECORD; TO AMEND SECTION 12-51-50, RELATING TO SALE OF PROPERTY IN INSTANCES OF DELINQUENT COUNTY TAXES, SO AS TO PROVIDE FOR SITES ALTERNATIVE TO THE COUNTY COURTHOUSE; TO AMEND SECTION 12-51-60, AS AMENDED, RELATING TO PAYMENT BY SUCCESSFUL BIDDER AND DISPOSITION OF PROCEEDS, SO AS TO REQUIRE NOTICE TO THE OWNER OF RECORD OF THE PROPERTY; AND TO AMEND SECTION 12-51-100, RELATING TO REDEMPTION AND REFUND OF PURCHASE PRICE, SO AS TO CONFORM IT TO SECTION 12-51-90.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations has polled out H. 4536 favorable:
H. 4536 (Word version) -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 11, 1998.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON asked unanimous consent to take the Concurrent Resolution up for immediate consideration.
There was no objection.
On motion of Senator COURSON, with unanimous consent, the Concurrent Resolution was adopted and returned to the House.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 972 (Word version) -- Senators Bryan, Russell, Reese, Courtney, Lander, Peeler and Short: A BILL TO AMEND CHAPTER 13, TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 SO AS TO CREATE THE ENOREE RIVER GREENWAY COMMISSION AND PROVIDE FOR ITS POWERS AND DUTIES.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar: H. 4469 (Word version) -- Reps. Limehouse, Cato, Campsen and H. Brown: A BILL TO AMEND SECTION 54-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE OF PORT PILOTS SO AS TO DIRECT THE COMMISSIONERS OF PILOTAGE TO ESTABLISH CERTAIN SHORT BRANCH LICENSE REQUIREMENTS AND RESTRICTIONS; AND TO AMEND SECTION 54-15-120 RELATING TO PREREQUISITES TO LICENSING IN THE PORT OF CHARLESTON, SO AS TO REVISE THE LEVELS WHICH AN APPRENTICE MUST OBTAIN BEFORE LICENSURE.
S. 957 (Word version) -- Senators J. Verne Smith, Courson, Giese, Hayes, Hutto, Jackson, Martin, Moore, Ravenel, Ryberg and Short: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, FEBRUARY 4, 1998, AS "HOSPITAL DAY".
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4497 (Word version) -- Reps. Felder, Altman, Barfield, Barrett, Battle, Bauer, Boan, Bowers, Breeland, G. Brown, H. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Fleming, Gamble, Gourdine, Harrell, A. Harris, Harrison, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Jordan, Klauber, Law, Leach, Limehouse, Lloyd, Mack, Maddox, Martin, McGee, McMahand, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Pinckney, Rodgers, Sandifer, Simrill, D. Smith, Stille, Trotter, Webb, Whatley, and Woodrum: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, FEBRUARY 4, 1998, AS "HOSPITAL DAY".
The Concurrent Resolution was adopted, ordered returned to the House.
On motion of Senator PEELER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Joseph F. Munnerlyn, Sr., beloved father of Joseph Munnerlyn, Jr., staff attorney with the Legislative Council.
At 1:03 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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