Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 9:30 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear words relevant to our day, written by St. Paul to the Romans of all people, Chapter 13 (v. 1):
"Let every person be subject to the governing authorities. For there is no authority except from God..."
Let us pray.
Heavenly Father, we believe, with St. Paul, that You have established civil authority for the well-being of mankind.
We thank You that ordered government is a gift of God's love and not, primarily, an arbitrary creation of men and women.
Help us, O Lord, who bear the shuddering responsibility of the LAW in this place, to be aware of our calling to encourage, to enhance, and so control the exercise of government by and for our people that it is, as we shall say in our pledge to the flag, "UNDER GOD."
So, help us now, today, to guard and use our gifts of responsible leadership that our people may live in peace, with a measure of prosperity, respect for each other... and be known as the "Beloved Community."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable James H. Hodges:
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Henry W. Guerard, Post Office Box 941, Charleston, S.C. 29402-0941
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Mary B. Holmes, 5962 Highway 165, Suite 200, Ravenel, S.C. 29470
Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Leon E. Yard, 2072 Dunlap Roddey Road, Rock Hill, S.C. 29730
Senator McCONNELL introduced Dr. Jim McCoy of Charleston, S.C., Doctor of the Day.
At 9:30 A.M., Senator WILSON requested a leave of absence from 3:00-5:30 P.M. today.
At 9:30 A.M., Senator GIESE requested a leave of absence from 9:30-11:30 A.M. on Friday, April 16, 1999.
At 9:30 A.M., Senator COURTNEY requested a leave of absence from 8:00 P.M. today until 9:00 A.M. Monday, April 19, 1999.
On motion of Senator CORK, at 9:30 A.M., Senator RUSSELL was granted a leave of absence until 12:00 P.M.
At 9:35 A.M., Senator RYBERG requested a leave of absence from 7:00 A.M.-2:00 P.M. on Friday, April 16, 1999.
At 11:45 A.M., Senator SETZLER requested a leave of absence from 3:15-5:15 P.M.
At 11:45 A.M., Senator BAUER requested a leave of absence from 3:15-5:15 P.M.
At 11:45 A.M., Senator RYBERG requested a leave of absence from 3:15-5:15 P.M.
At 11:45 A.M., Senator SALEEBY requested a leave of absence from 1:00-2:15 P.M.
At 4:50 P.M., Senator HOLLAND requested a leave of absence until 9:00 A.M. on Thursday, April 15, 1999.
S. 353 (Word version) -- Senator Elliott: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE, RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATE.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator HOLLAND asked unanimous consent to give the Bill a second reading with notice of general amendments.
There was no objection.
The following were introduced:
S. 714 (Word version) -- Senators Elliott, McGill, Rankin, Land, Glover, Saleeby and Leatherman: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 30, SO AS TO ESTABLISH THE TOBACCO INDEMNIFICATION AND COMMUNITY REVITALIZATION COMMISSION AND FUND, AND TO PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND TO PROVIDE FOR THE DISTRIBUTION OF THE MONIES RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT WITH TOBACCO PRODUCT MANUFACTURERS;
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 715 (Word version) -- Senator Hayes: A BILL TO AMEND SECTIONS 34-26-300, 34-26-310, 34-26-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORMATION OF CREDIT UNIONS AND PERSONS WHO ARE ELIGIBLE TO BE MEMBERS THEREOF SO AS TO FURTHER PROVIDE FOR THOSE PERSONS WHO MAY FORM A CREDIT UNION AND WHO MAY BE MEMBERS OF A CREDIT UNION; AND TO AMEND SECTION 34-26-860, AS AMENDED, RELATING TO LOANS MADE BY CREDIT UNIONS SECURED BY REAL ESTATE SO AS TO ADD VACATION HOMES TO THE AUTHORIZED LIST OF HOMES ON WHICH SECURED LOANS MAY BE MADE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 716 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF JUNE OF EACH YEAR AS OBESITY AWARENESS MONTH IN SOUTH CAROLINA.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
S. 717 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO DECLARE MAY, 1999, AS STROKE AWARENESS MONTH IN SOUTH CAROLINA AND TO URGE ALL CITIZENS TO EDUCATE THEMSELVES REGARDING THE RISK FACTORS FOR STROKE AND HEART DISEASE AND TO RECOGNIZE THE SIGNS AND SYMPTOMS OF THESE CONDITIONS.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
S. 718 (Word version) -- Senator Wilson: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976,
Read the first time and referred to the Committee on Judiciary.
S. 719 (Word version) -- Senator Land: A BILL TO AMEND CHAPTER 29, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS ADMINISTERED UNDER THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO PROVIDE FOR THE LICENSURE AND REGULATION OF MANUFACTURED HOME MANUFACTURERS, RETAIL DEALERS, SALES PERSONS, CONTRACTORS, INSTALLERS, AND REPAIRERS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 720 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WITHOUT A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A CHARGE OF DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE MUST BE DISMISSED UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 56-10-225, RELATING TO PROOF OF INSURANCE AND FINANCIAL RESPONSIBILITY FOR A MOTOR VEHICLE, SO AS TO PROVIDE THAT A CHARGE OF FAILING TO MAINTAIN PROOF THAT A MOTOR VEHICLE IS INSURED MUST BE DISMISSED UNDER CERTAIN CIRCUMSTANCES.
Read the first time and referred to the Committee on Transportation.
S. 721 (Word version) -- Senator Saleeby: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER OF FUNDING THE SECOND INJURY FUND UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE FOR THE MANNER OF ASSESSING SELF-INSUREDS AND INSURANCE CARRIERS.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3809 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIO ON "ALL OTHER PERSONAL PROPERTY", SO AS TO CREATE A NEW PROPERTY TAX CLASSIFICATION CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY INCLUDING PASSENGER MOTOR VEHICLES, RECREATIONAL VEHICLES, PICKUP TRUCKS, TRAILERS, MOTORCYCLES, BOATS, AND PRIVATE AIRCRAFT, AND EXCLUDING UNITS OF MANUFACTURED HOUSING AND COMMERCIALLY OPERATED AIRCRAFT, ALL AS DEFINED BY LAW, AND PROVIDING AN ASSESSMENT RATIO FOR THIS NEW CLASS EQUAL TO NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE DECLINING OVER SIX YEARS TO A PERMANENT RATE OF SIX PERCENT AND TO PROVIDE EFFECTIVE DATES.
Read the first time and referred to the Committee on Finance.
H. 3815 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO PROVIDE THE LANGUAGE FOR THE EXPLANATION OF THE CONSTITUTIONAL BALLOT COMMISSION FOR THE AMENDMENT TO THE CONSTITUTION OF THIS STATE PROPOSED PURSUANT TO H. 3809 OF 1999.
Read the first time and referred to the Committee on Finance.
H. 3910 (Word version) -- Reps. Cooper, H. Brown, Gourdine, Hinson, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING FRANCIS S. CURREY OF MONCKS CORNER ON THE MILITARY HONORS BESTOWED UPON HIM BY A GRATEFUL NATION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3917 (Word version) -- Reps. Harvin, Gamble, H. Brown, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis,
The question then was the adoption of the Concurrent Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3918 (Word version) -- Reps. Neal and Bales: A CONCURRENT RESOLUTION TO CONGRATULATE THE DIAMONDS OF LOWER RICHLAND HIGH SCHOOL OF RICHLAND COUNTY ON WINNING THE STATE AND REGIONAL 1999 CLASS AAAA BOYS BASKETBALL CHAMPIONSHIPS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3188 (Word version) -- Reps. Knotts, Edge, Rodgers, Whatley and Simrill: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.
The PRESIDENT Pro Tempore appointed Senator PEELER in lieu of Senator BRYAN to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 37 (Word version) -- Senators Hayes, Elliott, Giese, Rankin and Branton: A BILL TO AMEND SECTION 27-40-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL PROPERTY BELONGING TO A RESIDENTIAL TENANT WHO HAS BEEN
S. 87 (Word version) -- Senators Thomas, Elliott and Hayes: A BILL TO AMEND SECTION 27-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RULES TO SHOW CAUSE IN EJECTMENT PROCEEDINGS, SO AS TO AUTHORIZE SERVICE OF THE RULE BY POSTING WHEN THREE PRIOR ATTEMPTS TO SERVE THE RULE HAVE BEEN UNSUCCESSFUL.
S. 418 (Word version) -- Senator Bryan: A BILL TO AMEND SECTION 23-47-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSCRIBER CHARGES FOR E-911 SERVICES, SO AS TO ESTABLISH THE AMOUNT OF THE LEVY FOR EACH CMRS CONNECTION AT THE SAME RATE AS THE AVERAGE MONTHLY LOCAL EXCHANGE ACCESS FACILITY 911 CHARGE, AND TO AMEND SECTION 23-47-65, RELATING TO THE CMRS EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO REVISE THE RESPONSIBILITIES OF THE COMMITTEE AND TO DELETE THE COMMITTEE'S SCHEDULED TERMINATION DATE OF AUGUST 1, 2001.
Senator BRYAN explained the Bill.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 659 (Word version) -- Senators McGill, Elliott, Land, Leatherman, Glover, Saleeby and Rankin: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 47 SO AS TO ENACT THE "TOBACCO ESCROW FUND ACT" PROVIDING FOR THE ESTABLISHMENT OF A RESERVE FUND TO GUARANTEE AN EVENTUAL SOURCE OF RECOVERY FROM TOBACCO
Senator LEATHERMAN explained the Bill.
S. 585 (Word version) -- Senator McConnell: A BILL TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO ASSESSMENTS IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL, AND MAGISTRATE'S COURT, SO AS TO PROVIDE THAT INSTEAD OF FUNDS NOT USED FOR THE PROVISION OF VICTIMS SERVICES AT THE END OF THE FISCAL YEAR BEING USED FOR THE CAPITAL AND OPERATING NEEDS OF THE JUDICIAL SYSTEM, THE UNUSED FUNDS MUST BE CARRIED FORWARD FROM YEAR TO YEAR AND USED EXCLUSIVELY FOR THE PROVISION OF VICTIM SERVICES, AND TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO A SURCHARGE IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL AND MAGISTRATE'S COURT, SO AS TO DELETE A PROVISION THAT THE SURCHARGE FUNDS ARE PART OF THE GENERAL FUND OF THE CITY OR COUNTY FOR THE PURPOSE OF FUNDS ALLOCATION AND EXPENDITURE AND TO PROVIDE THAT UNUSED FUNDS MUST BE CARRIED FORWARD FROM YEAR TO YEAR AND USED EXCLUSIVELY FOR PROVISION OF SERVICES TO CRIME VICTIMS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD 0585.001.DOC), which was adopted:
Amend the bill, as and if amended, page 3, line 3, in Section 14-1-211(B), as contained in SECTION 4, by striking line 3 in its entirety and inserting therein the following:
/ or county. However, these These funds first must be appropriated to the /.
Amend title to conform.
Senator COURTNEY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bill, having been read the second time, was ordered placed on the third reading Calendar:
S. 708 (Word version) -- Judiciary Committee: A BILL TO AMEND CHAPTER 3, TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PERSON, BY AMENDING SECTION 16-3-800, SO AS TO PROVIDE THAT THE DEFINITION OF SEXUAL CONDUCT INCLUDES LEWD EXHIBITION OF THE FEMALE BREASTS; BY ADDING SECTION 16-3-1600, SO AS TO PROVIDE DEFINITIONS FOR "SEXUAL BATTERY", "SEXUAL FONDLING", "INTIMATE PARTS", AND "ACTOR"; BY ADDING SECTION 16-3-1610, SO AS TO PROHIBIT A PERSON FROM ENTICING A MINOR UNDER SIXTEEN YEARS OF AGE TO ENGAGE IN "SEXUAL BATTERY" OR "SEXUAL FONDLING"; BY ADDING SECTION 16-3-1620, SO AS TO PROVIDE A PENALTY OF NOT MORE THAN TEN YEARS' IMPRISONMENT FOR A VIOLATION OF SECTION 16-3-1610; AND TO AMEND SECTION 16-3-1700, RELATING TO HARASSMENT AND STALKING, SO AS TO
S. 403 (Word version) -- Senators Courtney, Short, Moore and Washington: A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, AND TO AMEND CHAPTER 7 OF TITLE 20 RELATING TO VARIOUS SECTIONS OF THE CHILDREN CODE. (ABBREVIATED TITLE)
On motion of Senator COURTNEY, with unanimous consent, the Bill was carried over.
S. 706 (Word version) -- Senators Holland and Leventis: A BILL TO AMEND ACT 355 OF 1994, RELATING TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994 AND THE EFFECTIVE DATE OF THE REPEAL OF VARIOUS STATE AND LOCAL PROVISIONS OF LAW PERTAINING TO PLANNING AND ZONING BY LOCAL GOVERNMENTAL ENTITIES, SO AS TO EXTEND FROM MAY 3, 1999, UNTIL DECEMBER 31, 1999, THE EFFECTIVE DATE OF THE REPEAL OF THESE STATE AND LOCAL PROVISIONS OF LAW AND THE DATE BY WHICH ALL LOCAL PLANNING PROGRAMS MUST BE IN CONFORMITY WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994.
On motion of Senator McCONNELL, with unanimous consent, the Bill was carried over.
S. 670 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 50-11-355, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING OF DEER NEAR RESIDENCES SO AS TO PROVIDE THAT A LANDOWNER HUNTING ON HIS OWN LAND, HIS LICENSEE, OR A PERSON TAKING DEER PURSUANT TO A DEPARTMENT PERMIT ARE EXEMPT FROM THE PROHIBITION AGAINST HUNTING WITHIN THREE HUNDRED YARDS OF A RESIDENCE.
On motion of Senator BRYAN, with unanimous consent, the Bill was carried over.
S. 597 (Word version)--Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALITIES FOR VIOLATION OF A DRIVER'S LICENSE RESTRICTION, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR NON-RESIDENT'S PRIVILEGE TO DRIVE AFTER AN ACCUMULATION OF EXCESSIVE POINTS, RELATING TO ADMINISTRATIVE HEARINGS FOR DRIVING UNDER THE INFLUENCE, TO FURTHER PROVIDE THAT AN ADMINISTRATIVE HEARING MUST BE HELD WITHIN THIRTY DAYS AFTER THE REQUEST FOR THE HEARING IS RECEIVED BY THE DEPARTMENT OF PUBLIC SAFETY; AND TO AMEND SECTION 56-1-748, AS AMENDED, RELATING TO ROUTE RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON MAY BE ELIGIBLE FOR A ROUTE RESTRICTED DRIVER'S LICENSE ONE TIME ONLY. (ABBREVIATED TITLE)
Senator HAYES proposed the following amendment (JUD0597.002):
Amend the bill, as and if amended, page 9, beginning on line 18, in Section 56-5-2951(H), as contained in SECTION 6, by striking lines 18 through 20 in their entirety and inserting therein the following:
/ However, upon a showing of exigent circumstances by either party, a continuance may be granted not to exceed thirty days. The scope of the hearing must be limited to whether the /
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the Bill.
On motion of Senator HUTTO, the Bill was carried over.
S. 351 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 29-3-325, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDING SATISFACTION OR CANCELLATION OF A MORTGAGE, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE THAT, UPON PAYMENT IN FULL OF A MORTGAGE DEBT, WRITTEN REQUEST FOR SATISFACTION OF THE MORTGAGE, AND PAYMENT OF ANY REQUIRED SATISFACTION FEE, THE HOLDER OF RECORD OF THE MORTGAGE IS RESPONSIBLE FOR RECORDING THE SATISFACTION OR CANCELLATION OF THE MORTGAGE IT HOLDS AND TO FURTHER PROVIDE FOR THE DAMAGES AND PENALTIES FOR FAILURE TO SO SATISFY THE MORTGAGE; AND TO REPEAL SECTION 29-3-320, RELATING TO LIABILITY FOR FAILURE TO ENTER SATISFACTION OF A MORTGAGE.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator WILSON proposed the following amendment (NBD\11274JM99):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 29-3-310 of the 1976 Code is amended to read:
"Section 29-3-310. Any person holder of record of a mortgage who has received full payment or satisfaction or to whom a legal tender has been made of his debts, damages, costs, and charges secured by mortgage of real estate shall, at the request by certified mail or other form of delivery with a proof of delivery of the mortgagor or of his legal representative or any other person being a creditor of the debtor or a purchaser under him or having an interest in any estate bound by the mortgage and on tender of the fees of office for entering satisfaction, within three months after the certified mail request is made, enter satisfaction in the proper office on the mortgage which shall forever thereafter discharge and satisfy the mortgage."
SECTION 2. Section 29-3-320 of the 1976 Code is amended to read:
"Section 29-3-320. Any person holder of record of a mortgage having received such payment, satisfaction, or tender as aforesaid who shall not, by himself or his attorney, within three months after such certified mail request and tender of fees of office, repair to the proper office and enter satisfaction as aforesaid shall forfeit and pay to the person aggrieved a sum of money not exceeding one half of the amount of the debt secured by the mortgage, to be recovered by action in any court of competent jurisdiction within the State. And on judgment being rendered for the plaintiff in any such action, the presiding judge shall order satisfaction to be entered on the judgment or mortgage aforesaid by the clerk, register or other proper officer whose duty it shall be, on receiving such order, to record it and to enter satisfaction accordingly.
Notwithstanding any limitations under Sections 37-2-202 and 37-3-202, the holder of record of the mortgage may charge a reasonable fee at the time of the satisfaction not to exceed twenty-five dollars to cover the cost of processing and recording the satisfaction or cancellation. If the mortgagor or his legal representative instructs the holder of record of the mortgage that the mortgagor will be responsible for filing the satisfaction, the holder of the mortgage shall mail or deliver the satisfied mortgage to the mortgagor or his legal representative with no satisfaction fee charged.
A holder of record of the mortgage may not be held liable in any action brought under this section if the holder of record of the mortgage 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 adopted to avoid any error."
SECTION 3. Section 29-3-330 of the 1976 Code, as last amended by Act 478 of 1994, is further amended by adding:
"(e) Any licensed attorney admitted to practice in the State of South Carolina who can provide proof of payment of funds by evidence of payment made payable to the mortgagee, holder of record, servicer, or other party entitled to receive payment may record, or cause to be recorded, an affidavit, in writing, duly executed in the presence of two witnesses and probated or acknowledged, which states that full payment of the balance or pay-off amount of the mortgage or other instrument securing the payment of money and being a lien upon real property has been made and that evidence of payment from the mortgagee, assignee, or servicer exists. This affidavit, duly recorded in the appropriate county, shall serve as notice of satisfaction of the mortgage and release of the lien upon the real property. The filing of
STATE OF SOUTH CAROLINA MORTGAGE LIEN
COUNTY OF ______________ SATISFACTION AFFIDAVIT
PURSUANT TO SECTION ___
OF SC CODE OF LAWS
FOR BOOK ____ PAGE _____
The undersigned on oath, being first duly sworn, hereby certifies as follows:
1. The undersigned is a licensed attorney admitted to practice in the State of South Carolina.
2. The with respect to the mortgage given by ___________________ to ______________________ dated _______
and recorded in the offices of the Register of Deeds in book _________ of page ________
3. a. [ ] That the undersigned was given written payoff information and made such pay off and is in possession of a canceled check to the mortgagee holder of a record or representative servicer.
b. [ ] That the undersigned was given written payoff information and made such pay off by wire transfer or other electronic means to the mortgagee, holder of a record or representative servicer and has confirmation from the undersigned's bank of the transfer to the account provided by the mortgagee, holder of record or representative servicer.
c. [ ] That the undersigned has been provided and is in possession of evidence of the full payment of the mortgage lien.
Under penalties of perjury, I declare that I have examined this affidavit and, to the best of my knowledge and belief, it is true, correct and complete.
________________________ ________________________
(Witness) (Signature)
_________________________ ________________________
(Witness) (Name - Please Print)
SUBSCRIBED AND SWORN TO
before me this __________ day
of ____________________
______________________
(Notary Public)
My commission expires:
Upon presentation to the office of the Register of Deeds the Register is directed to record pursuant to Section 29-3-330(e) and mark the mortgage satisfied of record."
SECTION 4. Section 29-3-325 of the 1976 Code is repealed.
SECTION 5. This act takes effect upon the approval by the Governor. /
Amend title to conform.
On motion of Senator LAND, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3002 (Word version) -- Reps. Wilkins, Hawkins, Altman, J. Brown, Loftis, Leach, Kelley, Harvin, Walker, D. Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser, Sandifer, Cato, Simrill, Allison, Harrison, Barfield, McGee, Meacham, Hamilton, Koon, Fleming, Martin, Mason, Gilham, Emory, McCraw, Edge, Robinson and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170, ENACTING THE GAMBLING CRUISE PROHIBITION ACT, SO AS TO PROHIBIT GAMBLING ON A CRAFT THAT EMBARKS AND DISEMBARKS FROM ANY POINT IN THIS STATE AND TO MAKE THIS PROHIBITION APPLY WHETHER OR NOT THE GAMBLING ACTIVITIES ARE CONDUCTED WITHIN THE WATERS OF THIS STATE, AND TO PROVIDE A PENALTY.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the Amendment No. P-1 (Doc. No. 3002R008.ELP) proposed by Senators PASSAILAIGUE, LAND and
Senator HAYES argued contra to the adoption of the amendment.
On motion of Senator MOORE, with unanimous consent, the members of the Medical Affairs Committee were granted leave to attend a meeting of the committee, be counted in any quorum calls, and be notified of any roll call votes.
On motion of Senator SETZLER, with unanimous consent, the members of the Education Committee were granted leave to attend a meeting of the committee, be counted in any quorum calls, and be notified of any roll call votes.
On motion of Senator MESCHER, with unanimous consent, Senator MESCHER was granted leave to attend a subcommittee meeting and be notified of any roll call votes.
Senator HAYES argued contra to the adoption of the amendment.
At 11:03 A.M., in the absence of a quorum, Senator MOORE moved under Rule 3b to send for the absent members.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courtney Drummond Elliott Ford Glover Holland Hutto Jackson Land Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel
Saleeby Setzler Short Washington
Alexander Anderson Bauer Branton Cork Courson Fair Giese Grooms Hayes Leatherman Martin Mescher Reese Ryberg Smith, J. Verne Thomas Waldrep Wilson
At 11:08 A.M., Rule 3b was invoked.
Senator HAYES argued contra to the adoption of the amendment.
At 11:17 A.M., Senator THOMAS assumed the Chair.
Senator HAYES argued contra to the adoption of the amendment.
With Senator HAYES retaining the floor, Senator DRUMMOND asked unanimous consent to make a motion that the Senate recede from business from 12:00 until 12:40 P.M., and upon reconvening at 12:40 P.M., the roll of the Senate would be called.
Senator HAYES argued contra to the adoption of the amendment.
By prior motion of Senator DRUMMOND, debate was interrupted by recess, Senator HAYES retaining the floor.
At 12:02 P.M., on motion of Senator MOORE, the Senate receded from business until 12:40 P.M.
The Senate reassembled at 12:45 P.M. and was called to order by the PRESIDENT.
H. 3002 (Word version) -- Reps. Wilkins, Hawkins, Altman, J. Brown, Loftis, Leach, Kelley, Harvin, Walker, D. Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser, Sandifer, Cato, Simrill, Allison, Harrison, Barfield, McGee, Meacham, Hamilton, Koon, Fleming, Martin, Mason, Gilham, Emory, McCraw, Edge, Robinson and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170, ENACTING THE GAMBLING CRUISE PROHIBITION ACT, SO AS TO PROHIBIT GAMBLING ON A CRAFT THAT EMBARKS AND DISEMBARKS FROM ANY POINT IN THIS STATE AND TO MAKE THIS PROHIBITION APPLY WHETHER OR NOT THE GAMBLING ACTIVITIES ARE CONDUCTED WITHIN THE WATERS OF THIS STATE, AND TO PROVIDE A PENALTY.
The Senate resumed consideration of the Bill. The question being the adoption of the Amendment No. P-1 (Doc. No. 3002R008.ELP) proposed by Senators PASSAILAIGUE, LAND and McCONNELL and previously printed in the Journal of Tuesday, April 13, 1999.
Senator HAYES argued contra to the adoption of the amendment.
At 12:50 P.M., with Senator HAYES retaining the floor, on motion of Senator FAIR, with unanimous consent, the Senate receded from business not to exceed ten minutes.
At 12:58 P.M., the Senate resumed.
Senator HAYES argued contra to the adoption of the amendment.
At 12:59 P.M., with Senator HAYES retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business until 1:05 P.M.
At 1:05 P.M., the Senate resumed.
Senator HAYES argued contra to the adoption of the amendment.
Pursuant to the prior motion of Senator DRUMMOND, Senator MOORE moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
Senators JACKSON, RANKIN and SALEEBY recorded their presence subsequent to the Call of the Senate.
Senator MOORE asked unanimous consent to make a motion subsequent to the Call of the Senate that in the absence of a quorum, the Senate stand in recess pending the arrival of a quorum.
There was no objection and the motion was adopted.
A quorum being present, the Senate resumed.
Senator HAYES argued contra to the adoption of the amendment.
At 1:30 P.M., Senator ALEXANDER assumed the Chair.
Senator HAYES argued contra to the adoption of the amendment.
At 1:50 P.M., the PRESIDENT assumed the Chair.
Senator HAYES argued contra to the adoption of the amendment.
Senator MARTIN argued contra to the adoption of the amendment.
At 3:51 P.M., Senator ALEXANDER assumed the Chair.
Senator MARTIN argued contra to the adoption of the amendment.
Senator DRUMMOND asked unanimous consent to be granted leave to attend a meeting.
There was no objection and the motion was adopted.
Senator MARTIN argued contra to the adoption of the amendment.
At 3:00 P.M., the PRESIDENT assumed the Chair.
Senator MARTIN argued contra to the adoption of the amendment.
At 3:14 P.M., Senator LEATHERMAN assumed the Chair.
Senator MARTIN argued contra to the adoption of the amendment.
At 3:55 P.M., Senator RAVENEL assumed the Chair.
Senator MARTIN continued arguing contra to the adoption of the amendment.
Senator MOORE asked unanimous consent that Senators COURTNEY, CORK, MESCHER, RANKIN and MOORE be granted leave to attend a subcommittee meeting and be counted in any quorum calls.
There was no objection and the motion was adopted.
Senator MARTIN continued arguing contra to the adoption of the amendment.
Senator LEATHERMAN asked unanimous consent that he be granted leave to attend a meeting.
There was no objection and the motion was adopted.
At 4:30 P.M., Senator PATTERSON made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator PATTERSON moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Saleeby Short Thomas Washington
A quorum being present, the Senate resumed.
Senator MARTIN continued arguing contra to the adoption of the amendment.
At 4:40 P.M., Senator BRANTON assumed the Chair.
Senator MARTIN continued arguing contra to the adoption of the amendment.
With Senator MARTIN retaining the floor, Senator DRUMMOND asked unanimous consent to make a motion that the Senate recede from business from 5:00 until 7:30 P.M., and upon reconvening at 7:30 P.M., the roll of the Senate would be called.
At 4:55 P.M., the PRESIDENT assumed the Chair.
Senator MARTIN argued contra to the adoption of the amendment.
By prior motion of Senator DRUMMOND, debate was interrupted by recess, with Senator MARTIN retaining the floor.
At 5:00 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 7:30 P.M.
The Senate reassembled at 7:32 P.M. and was called to order by the PRESIDENT.
H. 3002 (Word version) -- Reps. Wilkins, Hawkins, Altman, J. Brown, Loftis, Leach, Kelley, Harvin, Walker, D. Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser, Sandifer, Cato, Simrill, Allison, Harrison, Barfield, McGee, Meacham, Hamilton, Koon, Fleming, Martin, Mason, Gilham, Emory, McCraw, Edge, Robinson and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170, ENACTING THE GAMBLING CRUISE PROHIBITION ACT, SO AS TO PROHIBIT GAMBLING ON A CRAFT THAT EMBARKS AND DISEMBARKS FROM ANY POINT IN THIS STATE AND TO MAKE THIS PROHIBITION APPLY WHETHER OR NOT THE GAMBLING ACTIVITIES ARE CONDUCTED WITHIN THE WATERS OF THIS STATE, AND TO PROVIDE A PENALTY.
The Senate resumed consideration of the Bill. The question being the adoption of the Amendment No. P-1 (Doc. No. 3002R008.ELP)
Senator HAYES made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEATHERMAN moved that the Senate stand adjourned.
Senator MOORE asked to be heard.
Senator LEATHERMAN raised a Point of Order that the motion to adjourn was a nondebatable motion.
Senator MOORE asked unanimous consent to speak on the motion.
Senator LEATHERMAN objected.
Senator LAND made a Parliamentary Inquiry as to whether the correct time was then 7:30 P.M.
The PRESIDENT stated that according to his watch, the time was 7:34 P.M.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Fair Giese Gregory Hayes Leatherman Martin Mescher Ryberg Thomas Waldrep Wilson
Bryan Drummond Land Leventis Moore Passailaigue
Setzler Short Smith, J. Verne Washington
Debate was interrupted by adjournment, Senator MARTIN retaining the floor.
Having received a favorable report from the Charleston County Delegation, the following appointments were confirmed in open session:
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Henry W. Guerard, Post Office Box 941, Charleston, S.C. 29402-0941
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Mary B. Holmes, 5962 Highway 165, Suite 200, Ravenel, S.C. 29470
Having received a favorable report from the York County Delegation, the following appointment was confirmed in open session:
Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Leon E. Yard, 2072 Dunlap Roddey Road, Rock Hill, S.C. 29730
On motion of Senator HUTTO, with unanimous consent, the Senate stood adjourned out of respect to the memory of Caroline Shuler Dantzler of the Providence Community of Orangeburg, S.C.
At 7:39 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M.
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