Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Psalm 94:22: "But the Lord has become my fortress, and my God the rock in whom I take refuge."
Let us pray. Lord God, Heavenly Father, source of all goodness and power. Make firm our resolve that we may take our stand to do Your will. As we are part of Your kingdom serving the people of South Carolina, instill in our hearts the will to strive to do the very best we can to accomplish Your work in this sacred place. Give wisdom and strength to our President and those in command. Protect those in harm's way, keep them in Your love and care. We come, O Lord, believing. 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. SCOTT moved that when the House adjourns, it adjourn in memory of W. D. "Son" Grimsley of Killian, which was agreed to.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3234 (Word version) -- Rep. Leach: A BILL TO AMEND SECTION 2-19-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS PROCEDURES FOR ELECTION OF JUDGES, SO AS TO DELETE THE PROVISIONS PROHIBITING A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO A JUDICIAL OFFICE FOR ONE YEAR AFTER SERVING AS A MEMBER AND FOR ONE YEAR AFTER FAILING TO FILE FOR OFFICE, THEREBY ALLOWING A MEMBER TO SERVE UNTIL THE ELECTION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3673 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 20-7-776, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENCY PLANNING HEARINGS FOR CHILDREN IN FOSTER CARE, SO AS TO FURTHER SPECIFY PROCEDURES FOR THESE HEARINGS; TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO SHOW COMPELLING REASONS FOR A PERMANENCY PLAN THAT DOES NOT REUNITE A CHILD WITH HIS PARENTS OR A RELATIVE AND DOES NOT TERMINATE PARENTAL RIGHTS AND TO REQUIRE THE COURT TO FIND COMPELLING REASONS FOR APPROVING SUCH A PLAN; AND TO FURTHER SPECIFY THE COURT'S AUTHORITY AND STANDARDS THAT MUST BE MET AFTER ADOPTION VIABILITY IS CONSIDERED, FOSTER CARE IS CONTINUED, AND TERMINATION OF PARENTAL RIGHTS IS NOT INITIATED; TO AMEND SECTION 20-7-768, RELATING TO STANDARDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO REQUIRE THE COURT TO FIND COMPELLING REASONS FOR NOT INITIATING TERMINATION OF PARENTAL RIGHTS UNDER CERTAIN CIRCUMSTANCES, RATHER THAN PRESUMING THAT SUCH CIRCUMSTANCES IN AND OF THEMSELVES ARE COMPELLING REASONS; AND TO AMEND SECTION 20-7-1640, AS AMENDED, RELATING TO FINGERPRINT REVIEWS OF FOSTER CARE LICENSE APPLICANTS, SO AS TO DELETE PROVISIONS AUTHORIZING THE DEPARTMENT TO ISSUE TEMPORARY LICENSES PENDING RECEIPT OF THE RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION REVIEW.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3455 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 44-63-161, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS INVOLVING VITAL STATISTICS, SO AS TO INCREASE THE PENALTY FOR VIOLATING CERTAIN PROVISIONS OF THIS SECTION, AND TO MAKE TECHNICAL CHANGES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3722 (Word version) -- Reps. Jennings, Bales and Limehouse: A BILL TO AMEND SECTION 17-5-535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS AUTHORIZED TO VIEW PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY AND THE PENALTY FOR VIOLATING THIS PROVISION, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES IN WHICH PHOTOGRAPHS, VIDEOS, AND AUDIO RECORDINGS OF AN AUTOPSY MAY BE VIEWED.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 3044 (Word version) -- Reps. Sheheen, Coleman and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-112 SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM ISSUING PERMITS TO CONSTRUCT OR OPERATE A NEW REGIONAL WASTE WATER TREATMENT FACILITY THAT DISCHARGES INTO WATERS INCLUDED IN THE CATAWBA RIVER BASIN UNLESS A COMPREHENSIVE WATER QUALITY STUDY IS CONDUCTED AND TO SPECIFY ISSUES TO BE ADDRESSED IN THE STUDY.
Ordered for consideration tomorrow.
The following was introduced:
H. 3910 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES UPON THE DEATH OF BESSIE HOOKS DAVIS OF BISHOPVILLE ON THURSDAY, MARCH 20, 2003, AND TO CONVEY DEEPEST SYMPATHY TO HER LOVING FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 3911 (Word version) -- Reps. J. E. Smith, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE APRIL AS CHILD ABUSE PREVENTION MONTH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3912 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE MR. CHARLES T. COLE, JR., OF COLUMBIA FOR HIS COMMITMENT TO IMPROVING THE CITY OF COLUMBIA AND THE STATE OF SOUTH CAROLINA AND TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. COLE ON BEING NAMED THE 2003 AMBASSADOR OF THE YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3913 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. J. C. ROWE OF FOREST ACRES FOR HIS MANY YEARS OF SERVICE TO HIS LOCAL COMMUNITY AND THE STATE OF SOUTH CAROLINA, UPON RETIRING FROM HIS CURRENT POSITION AS MAYOR OF FOREST ACRES ON JUNE 30, 2003, AND TO WISH HIM MANY YEARS OF CONTINUED HAPPINESS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3914 (Word version) -- Reps. Vaughn, Allen, Battle, Branham, Cato, Clyburn, Cooper, Gilham, Hamilton, Haskins, Herbkersman, J. Hines, Keegan, Leach, Littlejohn, Loftis, Mahaffey, Moody-Lawrence, Owens, Rice, Richardson, Sinclair, F. N. Smith, J. R. Smith, Taylor, Tripp, Wilkins and Young: A CONCURRENT RESOLUTION TO SUPPORT ACTIVITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN THE ESTABLISHMENT AND IMPLEMENTATION OF THE STATE'S EARLY ACTION APPROACH FOR COMPLYING WITH THE NEW OZONE STANDARD MANDATED BY THE FEDERAL GOVERNMENT THROUGH THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY; TO ESTABLISH DATES AND MILESTONES FOR PLAN IMPLEMENTATION; AND TO PROVIDE FOR THE ESTABLISHMENT OF AN INTERGOVERNMENTAL WORKGROUP FOR THE PURPOSE OF PROMOTING BEHAVIORS AND POLICIES TO REDUCE AIR POLLUTION THROUGHOUT THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Agriculture, Natural Resources and Environmental Affairs.
The Senate sent to the House the following:
S. 535 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO COMMEND MR. WILLIAM STARR OF COLUMBIA FOR FOUR DECADES OF DEDICATED SERVICE IN THE FIELD OF MEDIA UPON HIS RETIREMENT AND WISH FOR HIM YEARS OF HEALTH AND HAPPINESS IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 538 (Word version) -- Senators Richardson and Pinckney: A CONCURRENT RESOLUTION URGING THE GOVERNOR OF THIS STATE BY EXECUTIVE ORDER TO CREATE A COMMISSION IN COOPERATION WITH THE GOVERNOR OF GEORGIA TO STUDY THE FEASIBILITY OF CREATING A JOINT PORT AUTHORITY FOR THE PORT OF SAVANNAH AND FOR OTHER PURPOSES.
The Concurrent Resolution was ordered referred to the Committee on Ways and Means.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3915 (Word version) -- Reps. Sinclair, Bales, Rivers, Littlejohn, Mahaffey, W. D. Smith and Walker: A BILL TO AMEND SECTION 62-1-308, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS FROM THE PROBATE COURT, SO AS TO PROVIDE THAT THE COURT OF APPEALS MUST HEAR APPEALS DIRECTLY FROM THE PROBATE COURT.
Referred to Committee on Judiciary
H. 3916 (Word version) -- Rep. Sinclair: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCLUSIVE JURISDICTION OF THE FAMILY COURT, SO AS TO DELETE EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ACTIONS AS TO THE VALIDITY OF MARRIAGES AND THE PATERNITY OF AN INDIVIDUAL, AND TO PROVIDE FOR CONCURRENT JURISDICTION WITH THE FAMILY COURT AND THE PROBATE COURT IN THOSE ACTIONS; AND TO AMEND SECTION 62-1-302, RELATING TO SUBJECT MATTER JURISDICTION IN THE PROBATE COURT, SO AS TO PROVIDE FOR JURISDICTION TO HEAR AND DETERMINE MATTERS OF VALIDITY OF MARRIAGES AND OF PATERNITY.
Referred to Committee on Judiciary
H. 3917 (Word version) -- Reps. Littlejohn, Cotty, Moody-Lawrence, Altman, Anthony, Bailey, Cobb-Hunter, J. Hines, Koon, Leach, Limehouse, Mack, Mahaffey, Martin, Snow, Stille and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-75 SO AS TO PROVIDE FOR A TEN DOLLAR SURCHARGE ON CERTAIN TRAFFIC VIOLATIONS DESIGNATED AS AGGRESSIVE DRIVING OFFENSES, TO PROVIDE FOR THE MANNER IN WHICH THE REVENUE GENERATED BY THIS SURCHARGE MUST BE USED INCLUDING FOR DEPOSIT IN SOUTH CAROLINA BRAIN INJURY TRUST FUND HEREIN ESTABLISHED, TO ALSO ESTABLISH A BRAIN INJURY TRUST FUND BOARD TO ADMINISTER THE FUND, AND TO PROVIDE THE PROCEDURES AND REQUIREMENTS FOR DISBURSEMENTS FROM THE FUND.
Referred to Committee on Ways and Means
H. 3918 (Word version) -- Reps. Kirsh and Witherspoon: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES AND USE TAX ACT, SO AS TO EXCLUDE THE ENVIRONMENTAL SURCHARGE IMPOSED PURSUANT TO SECTION 44-56-430 FROM THE DEFINITION OF "GROSS PROCEEDS OF SALES"; TO AMEND SECTION 44-56-410, RELATING TO THE DEFINITION OF TERMS CONTAINED IN THE PROVISIONS THAT REGULATE THE DRYCLEANING FACILITY RESTORATION TRUST FUND, SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "HALOGENATED DRYCLEANING FLUID", "NONHALOGENATED CLEANER", AND "NONAQUEOUS SOLVENT", AND TO REVISE THE DEFINITION OF "DRYCLEANING SOLVENTS"; TO AMEND SECTION 44-56-420, RELATING TO THE ESTABLISHMENT OF THE DRYCLEANING FACILITY RESTORATION TRUST FUND, SO AS TO REVISE CERTAIN PROVISIONS THAT RESTRICT THE USE OF REVENUES CONTAINED IN THE FUND; TO AMEND SECTION 44-56-430, RELATING TO THE DRYCLEANING FACILITY RESTORATION TRUST FUND, SO AS TO PROVIDE FOR THE CALCULATION, ADMINISTRATION, COLLECTION, AND ENFORCEMENT OF THE ENVIRONMENTAL SURCHARGE; TO AMEND SECTION 44-56-440, RELATING TO THE MORATORIUM ESTABLISHED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ON CERTAIN ADMINISTRATIVE AND JUDICIAL ACTIONS, SO AS TO REVISE CONDITIONS UPON WHICH DRYCLEANING FACILITIES AND WHOLESALE SUPPLY FACILITIES ARE COVERED BY THE MORATORIUM; TO AMEND SECTION 44-56-450, RELATING TO THE REPORTING OF DISCHARGED DRYCLEANING SOLVENTS THAT CAUSE CONTAMINATION, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL IDENTIFY AND NOTIFY OWNERS, OPERATORS, AND PERSONS OF DRYCLEANING AND WHOLESALE SUPPLY FACILITIES THAT THEY MUST REGISTER WITH THE DEPARTMENT; TO AMEND SECTION 44-56-470, RELATING TO THE ANNUAL REGISTRATION AND FEES FOR DRYCLEANING FACILITIES, SO AS TO PROVIDE FOR THE DEPARTMENT OF REVENUE'S RETENTION OF FUNDS FOR COSTS INCURRED TO COLLECT AND ENFORCE THE DRYCLEANING FACILITY RESTORATION TRUST FUND; TO DELETE THE PROVISION THAT REQUIRES CERTAIN PERSONS WHO OWN OR OPERATE A DRYCLEANING FACILITY TO OBTAIN CERTIFICATION FROM A NATIONALLY RECOGNIZED DRYCLEANING INDUSTRY ASSOCIATION, AND TO REVISE CERTAIN DATES THAT RELATE TO WHEN A FACILITY MUST INSTALL CERTAIN CONTAINMENT STRUCTURES AROUND CERTAIN EQUIPMENT; TO AMEND SECTION 44-56-480, RELATING TO THE SURCHARGE ON PERCHLOROETHYLENE (TETRACHLOROETHYLENE) AND STODDARD SOLVENT, SO AS TO REVISE TYPES OF SOLVENTS AND FACILITIES THE SURCHARGE RELATES TO, TO REVISE THE FINE FOR A VIOLATION OF THIS PROVISION, TO ALLOW A SOLVENT DEALER TO PASS THE COST OF THE SURCHARGE TO OTHER PERSONS, AND TO PROVIDE THAT THE DEPARTMENT OF REVENUE MUST ADMINISTER, COLLECT, AND ENFORCE THE SURCHARGE IN THE MANNER THAT SALES AND USE TAXES ARE ADMINISTERED, COLLECTED, AND ENFORCED UNDER CHAPTER 36 OF TITLE 12; AND TO AMEND SECTION 44-56-485, RELATING TO THE ELECTION TO PLACE A DRYCLEANING FACILITY UNDER THE PROVISIONS OF ARTICLE 4, CHAPTER 56 OF TITLE 44, SO AS TO REVISE THE TYPE OF SOLVENTS THAT THIS PROVISION DOES AND DOES NOT APPLY TO, AND TO ADD PROVISIONS PERTAINING TO THE EFFECT OF VOLUNTARY REGISTRATION ON A DRYCLEANING FACILITY'S LIABILITY FOR THE PAYMENT OF CERTAIN TAXES, FEES, PENALTIES, AND INTEREST.
Referred to Committee on Ways and Means
H. 3919 (Word version) -- Reps. Kirsh and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-100 SO AS TO PROVIDE THAT A TAX CREDIT ADMINISTERED BY THE DEPARTMENT OF REVENUE IS USEABLE IN THE YEAR IT IS GENERATED AND IS NONREFUNDABLE; TO AMEND SECTION 12-2-20, RELATING TO THE DEFINITION OF "PERSON" FOR TAXATION PURPOSES, SO AS TO PROVIDE THAT THE DEFINITION APPLIES NOT ONLY IN TITLE 12, BUT ALSO IN OTHER TITLES WHICH PROVIDE FOR TAXES THAT ARE ADMINISTERED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-2-25, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO LIMITED LIABILITY COMPANIES AND SINGLE-MEMBER LIMITED LIABILITY COMPANIES, SO AS TO PROVIDE THAT THE DEFINITIONS APPLY NOT ONLY IN TITLE 12, BUT ALSO IN OTHER TITLES WHICH PROVIDE FOR TAXES THAT ARE ADMINISTERED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO ADOPTION OF THE INTERNAL REVENUE CODE, SO AS TO ADOPT IT TO STATE LAW AS AMENDED THROUGH 2002; TO AMEND SECTION 12-6-540, RELATING TO THE STATE INCOME TAX RATES APPLICABLE TO EXEMPT ORGANIZATIONS AND COOPERATIVES, SO AS TO PROVIDE A SPECIFIC REFERENCE TO THE TAX RATE APPLICABLE TO HOMEOWNERS' ASSOCIATIONS; TO AMEND SECTION 12-8-580, AS AMENDED, RELATING TO STATE INCOME TAX WITHHOLDING ON PROCEEDS OF THE SALE OF REAL PROPERTY BY NONRESIDENTS, SO AS TO CONFORM THE CALCULATION OF AMOUNTS SUBJECT TO WITHHOLDING TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 ALLOWING THE EXCLUSION FROM TAXABLE INCOME OF A PORTION OF THE GAIN ON THE SALE OF A PRINCIPAL RESIDENCE AND TO ALLOW THE DEPARTMENT OF REVENUE TO REVOKE EXEMPTIONS FROM WITHHOLDING ALLOWED FOR CERTAIN TRANSACTIONS IF THE DEPARTMENT DETERMINES THE NONRESIDENT IS NOT COOPERATING IN THE DETERMINATION OF THE TAXPAYER'S SOUTH CAROLINA INCOME TAX LIABILITY; TO AMEND SECTION 12-13-50, RELATING TO EXCEPTIONS FROM THE BUILDING AND LOAN ASSOCIATION INCOME TAX, SO AS TO PROVIDE THAT PAYMENT OF THE INCOME TAX PROVIDED IN CHAPTER 13, TITLE 12 SHALL NOT BE IN LIEU OF DEED RECORDING FEES; TO AMEND SECTIONS 12-13-70, 12-20-150, 12-28-940, 12-43-210, AND 12-43-230, RELATING TO THE ADMINISTRATION OF THE DEPARTMENT OF REVENUE, THE COMPUTATION OF MOTOR FUEL TAXES, THE ESTABLISHMENT OF UNIFORM AND EQUITABLE TAX ASSESSMENTS, AND THE PROMULGATION OF DEFINITIONAL REGULATIONS TO FACILITATE THE ESTABLISHMENT OF UNIFORM TAX ASSESSMENTS, SO AS TO CHANGE THE DEPARTMENT'S DUTY TO PROMULGATE REGULATIONS FROM MANDATORY TO PERMISSIVE, TO CLARIFY THE DEPARTMENT'S AUTHORITY TO ISSUE ADVISORY OPINIONS, AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 12-54-110, RELATING TO THE POWER OF THE DEPARTMENT OF REVENUE TO SUMMON A TAXPAYER OR OTHERS, SO AS TO INCLUDE TAX MATTERS AND OTHER MATTERS ADMINISTERED BY THE DEPARTMENT; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO PROVIDE FOR COUNTY DESIGNATIONS TO BE EFFECTIVE FOR THE TAXABLE YEARS BEGINNING THE FOLLOWING CALENDAR YEAR; TO AMEND SECTION 12-6-3415, RELATING TO INCOME TAX CREDIT FOR RESEARCH AND DEVELOPMENT EXPENSES, SO AS TO MAKE IT APPLICABLE ONLY FOR RESEARCH EXPENSES; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDIT, SO AS TO EXEMPT APPLICATION OF THE MAXIMUM AGGREGATE CREDIT FOR EMPLOYEES IN DISTRESSED COUNTIES; TO AMEND SECTION 12-6-3310, RELATING TO CREDITS AGAINST INCOME TAX, SO AS TO PROVIDE FOR PASS THROUGH OF A CREDIT TO A SHAREHOLDER, MEMBER, OR PARTNER OF AN "S" CORPORATION, LIMITED LIABILITY COMPANY TAXED LIKE A PARTNERSHIP, AND PARTNERSHIP; TO AMEND SECTION 12-6-3365, RELATING TO CORPORATE INCOME TAX MORATORIUM FOR JOB CREATION, SO AS TO REVISE THE DATA USED FOR COMPUTING A COUNTY'S UNEMPLOYMENT RATE AND TO PROVIDE THAT THE DEPARTMENT NAME THE MORATORIUM COUNTIES, EFFECTIVE FOR THE TAXABLE YEAR BEGINNING THE FOLLOWING CALENDAR YEAR; TO AMEND SECTION 12-44-30, AS AMENDED, AND SECTION 4-12-30, AS AMENDED, BOTH RELATING TO THE DEFINITION OF "MINIMUM INVESTMENT" FOR PURPOSES OF A FEE IN LIEU OF PROPERTY TAX, BOTH SO AS TO PROVIDE FOR EFFECTIVENESS OF COUNTY DESIGNATIONS IN THE FOLLOWING CALENDAR YEAR, AND TO PROVIDE THAT THE DEPARTMENT DESIGNATE REDUCED INVESTMENT COUNTIES, EFFECTIVE FOR A SPONSOR WHOSE FEE AGREEMENT IS SIGNED IN THE CALENDAR YEAR FOLLOWING THE DESIGNATION; TO REPEAL SECTION 12-10-35, RELATING TO A MORATORIUM ON STATE CORPORATE INCOME TAXES; BY ADDING SECTION 12-6-535 SO AS TO PROVIDE THAT FOR PURPOSES OF INTERNAL REVENUE CODE SECTION 641(c), AN ELECTING SMALL BUSINESS TRUST IS TAXED AT THE HIGHEST RATE PROVIDED IN SECTION 12-6-510; TO AMEND SECTION 12-6-5020, RELATING TO ENTITIES AUTHORIZED TO FILE CONSOLIDATED CORPORATE INCOME TAX RETURNS, SO AS TO PROVIDE THAT A CORPORATION THAT HAS ELECTED TO BE TAXED UNDER SUBCHAPTER S OF THE INTERNAL REVENUE CODE MAY NOT JOIN IN THE FILING OF A CONSOLIDATED INCOME TAX RETURN; TO AMEND SECTION 12-21-1090, RELATING TO REGULATIONS FOR THE PAYMENT AND COLLECTION OF CERTAIN TAXES, SO AS TO ALLOW THE DEPARTMENT TO PROMULGATE REGULATIONS AND ISSUE ADVISORY OPINIONS FOR THE PAYMENT AND COLLECTION OF CERTAIN TAXES; TO AMEND SECTION 12-35-40, RELATING TO MULTISTATE DISCUSSIONS OF SIMPLIFICATION REQUIREMENTS IN CONNECTION WITH THE SIMPLIFIED SALES AND USE TAX ADMINISTRATION ACT, SO AS TO PROVIDE THAT THE DELEGATION TO THE MULTISTATE DISCUSSION MEETINGS MAY BE REIMBURSED FOR LODGING, AIR FARE, AND OTHER BUSINESS EXPENSES; TO AMEND SECTION 12-36-2510, RELATING TO THE PROCEDURE FOR SEGREGATING SALES AND USE TAX WHEN IT IS IMPRACTICAL, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE TO ISSUE CERTIFICATES ALLOWING A TAXPAYER TO PURCHASE TANGIBLE PERSONAL PROPERTY TAX FREE, TO PROVIDE THAT THE TAXPAYER BE LIABLE FOR ANY TAXES, AND TO PROVIDE A PROCEDURE FOR THE EFFICIENT ADMINISTRATION OF THIS PROCEDURE; TO AMEND SECTION 12-36-1310, AS AMENDED, RELATING TO THE IMPOSITION OF A STATE USE TAX ON CERTAIN TANGIBLE PERSONAL PROPERTY AND PROVIDING A CREDIT FOR TAXES PAID IN ANOTHER STATE, SO AS TO REQUIRE PROOF THAT THE SALES OR USE TAX WAS DUE AND PAID IN THE OTHER STATE AND TO DELETE A RECIPROCITY REQUIREMENT; TO AMEND SECTION 12-53-40, RELATING TO COSTS AND EXPENSES OF TAX SALES AND COLLECTIONS, SO AS TO INCLUDE THE COST OF FILING, ENROLLING, AND SATISFACTION OF A STATE TAX LIEN; BY ADDING SECTION 12-54-124 SO AS TO PROVIDE THAT IN THE CASE OF THE TRANSFER OF A MAJORITY OF THE ASSETS OF A BUSINESS OTHER THAN CASH, ANY TAX GENERATED BY THE BUSINESS WHICH WAS DUE ON OR BEFORE THE DATE OF THE TRANSFER CONSTITUTES A LIEN AGAINST THE ASSETS IN THE HANDS OF THE TRANSFEREE UNTIL THE TAXES ARE PAID, TO PROVIDE THAT FAIR MARKET VALUE MUST BE USED TO DETERMINE WHETHER A MAJORITY OF THE ASSETS HAVE BEEN TRANSFERRED, TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY NOT ISSUE A LICENSE TO CONTINUE THE BUSINESS TO THE TRANSFEREE UNTIL ALL TAXES DUE TO THE STATE HAVE BEEN PAID AND MAY REVOKE A LICENSE ISSUED TO A BUSINESS THAT VIOLATES THIS PROVISION; TO AMEND SECTION 12-54-25, RELATING TO INTEREST THAT MUST BE PAID ON ANY TAX THAT IS NOT PAID WHEN DUE, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE DISCLOSURE OF CERTAIN RECORDS OF AND REPORTS AND RETURNS FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO INCLUDE AS AN EXCEPTION TO THE PROHIBITION OF DISCLOSURE INFORMATION PURSUANT TO A SUBPOENA ISSUED BY A FEDERAL OR THE STATE GRAND JURY; TO AMEND ARTICLE 1, CHAPTER 60 OF TITLE 12, RELATING TO SOUTH CAROLINA REVENUE PROCEDURES ACT, SO AS TO REVISE THE MANNER IN WHICH AND CONDITIONS UNDER WHICH DISPUTES OR CLAIMS WITH THE DEPARTMENT OF REVENUE ARE DETERMINED AND RESOLVED; TO AMEND ARTICLE 5, CHAPTER 60 OF TITLE 12, RELATING TO STATE REVENUE APPEALS PROCEDURES, SO AS TO REVISE THESE APPEAL PROCEDURES; TO AMEND SECTION 12-60-2110, RELATING TO PROPERTY TAX ASSESSMENT PROTESTS, SO AS TO REVISE THE TIME FOR FILING THESE PROTESTS; TO AMEND SECTION 12-60-2510, AS AMENDED, RELATING TO PROPERTY TAX ASSESSMENT NOTICES, SO AS TO CLARIFY CERTAIN REFERENCES IN THE SECTION; TO AMEND SECTION 12-60-2910, RELATING TO OBJECTIONS TO PERSONAL PROPERTY TAX ASSESSMENTS, SO AS TO REVISE THE TIME WITHIN WHICH A TAXPAYER MUST OBJECT TO THE ASSESSMENT; TO AMEND ARTICLE 13, CHAPTER 60 OF TITLE 12, RELATING TO PROCEDURES AND CONTESTED REVENUE CASES, SO AS TO REVISE THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE ADMINISTRATIVE LAW JUDGE DIVISION AND DEPARTMENT HEARING OFFICERS; TO AMEND SECTION 30-2-30, RELATING TO DEFINITIONS USED IN THE FAMILY PRIVACY PROTECTION ACT OF 2002, SO AS TO PROVIDE THAT PERSONAL INFORMATION DOES NOT MEAN INFORMATION ABOUT THE NAMES AND ADDRESSES FROM REGISTRATION DOCUMENTS FILED WITH THE DEPARTMENT OF REVENUE AS A BUSINESS ADDRESS WHICH ALSO MAY BE A PERSONAL ADDRESS; AND TO REPEAL SECTION 6-4-30 RELATING TO THE DUTIES OF THE DEPARTMENT OF REVENUE IN CONNECTION WITH THE ACCOMMODATIONS TAX.
Referred to Committee on Ways and Means
S. 154 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO REVISE THE TIME WHEN THE APPLICANT SHALL UNDERGO THE REVIEW, THE MANNER OF THE REVIEW, AND THE INDIVIDUALS TO WHOM THIS PROVISION APPLIES.
Referred to Committee on Education and Public Works
S. 285 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-13-210 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOTAL CREEL LIMIT OF GAME FISH TAKEN IN ONE DAY, TO PROVIDE THAT NOT MORE THAN FIVE OF THE LIMIT MAY BE TROUT TAKEN FROM THE SALUDA RIVER BETWEEN THE LAKE MURRAY DAM AND THE CONFLUENCE OF THE BROAD RIVER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 305 (Word version) -- Senators Leatherman and Drummond: A BILL TO RATIFY AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROHIBITIONS ON THE STATE AND ITS POLITICAL SUBDIVISIONS PLEDGING THEIR CREDIT TO PRIVATE INTERESTS AND THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS HAVING A JOINT OWNER OR STOCKHOLDER IN A COMPANY, ASSOCIATION, OR CORPORATION AND THE EXCEPTIONS TO THESE PROHIBITIONS, SO AS TO ALLOW A SEPARATE PENSION PLAN OPERATED FOR FIREFIGHTERS BY A MUNICIPALITY, COUNTY, SPECIAL PURPOSE DISTRICT, OR PUBLIC SERVICE DISTRICT TO INVEST ITS FUNDS IN EQUITY SECURITIES TRADED ON A NATIONAL SECURITIES EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATIONS SYSTEM OR SIMILAR SERVICE.
Referred to Committee on Judiciary
S. 425 (Word version) -- Senators Setzler and Knotts: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
Referred to Committee on Judiciary
S. 463 (Word version) -- Senators Leatherman and Patterson: A BILL TO CONFIRM THE OWNERSHIP BY THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS OF REAL PROPERTY DESCRIBED IN ACT 1645 OF 1972, TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO DEED THE PROPERTY TO THE DEPARTMENT, AND TO ALLOW THE DEPARTMENT THE PROCEEDS OF ANY SALE OF THE PROPERTY.
Referred to Committee on Ways and Means
S. 478 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-19-480 OF THE 1976 CODE, RELATING TO THE TRANSFER AND SURRENDER OF A MOTOR VEHICLE'S CERTIFICATE OF TITLE, LICENSE PLATE, REGISTRATION CARD, AND MANUFACTURERS' SERIAL PLATE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT, WHEN AN INSURANCE COMPANY OBTAINS TITLE TO A VEHICLE FROM SETTLING A TOTAL LOSS CLAIM, THE INSURANCE COMPANY MAY OBTAIN A TITLE TO THE VEHICLE DESIGNATED AS "SALVAGE".
Referred to Committee on Education and Public Works
On motion of Rep. J. R. SMITH, with unanimous consent, the following was taken up for immediate consideration:
H. 3920 (Word version) -- Reps. J. R. Smith, Stewart, D. C. Smith and Clyburn: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE SILVER BLUFF HIGH SCHOOL BOYS BASKETBALL TEAM, ITS COACHING STAFF, AND OTHER SCHOOL OFFICIALS AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 2003 CLASS AA STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Silver Bluff High School Boys Basketball Team, its coaching staff, and other school officials at a date and time to be determined by the Speaker, for the purpose of being recognized for winning the 2003 Class AA State Championship.
The Resolution was adopted.
The following was introduced:
H. 3921 (Word version) -- Reps. J. R. Smith, Stewart, Clyburn and D. C. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE THE SILVER BLUFF HIGH SCHOOL BULLDOGS BOYS BASKETBALL TEAM ON WINNING ITS FIRST CLASS AA STATE CHAMPIONSHIP, COMMEND THE PLAYERS, COACHES, AND STAFF FOR THEIR HARD WORK AND DEDICATION, AND WISH THEM EVERY SUCCESS IN THEIR FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Hagood Hamilton Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Jennings Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey Martin McCraw McGee Merrill Miller J. M. Neal Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Richardson Scarborough Scott Sheheen Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, April 2.
Bill Cotty Seth Whipper Ralph Davenport W.E. "Bill" Sandifer Denny Neilson Thayer Rivers Jerry Govan William Bowers Todd Rutherford Walton McLeod Creighton Coleman Richard Quinn Joseph Neal Bessie Moody-Lawrence Alex Harvin Robert Harrell
The SPEAKER granted Rep. KENNEDY a temporary leave of absence.
Announcement was made that Dr. Leo Walker of Columbia is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3899 (Word version)
Date: ADD:
04/02/03 RUTHERFORD
Bill Number: H. 3900 (Word version)
Date: ADD:
04/02/03 MACK
Bill Number: H. 3900 (Word version)
Date: ADD:
04/02/03 J. H. NEAL
Bill Number: H. 3900 (Word version)
Date: ADD:
04/02/03 HOWARD
Bill Number: H. 3899 (Word version)
Date: ADD:
04/02/03 J. H. NEAL
Bill Number: H. 3899 (Word version)
Date: ADD:
04/02/03 MACK
Bill Number: H. 3899 (Word version)
Date: ADD:
04/02/03 HOWARD
Bill Number: H. 3900 (Word version)
Date: ADD:
04/02/03 E. H. PITTS
Bill Number: H. 3900 (Word version)
Date: ADD:
04/02/03 COBB-HUNTER
Bill Number: H. 3899 (Word version)
Date: ADD:
04/02/03 COBB-HUNTER
Bill Number: H. 3899 (Word version)
Date: ADD:
04/02/03 E. H. PITTS
Bill Number: H. 3701 (Word version)
Date: ADD:
04/02/03 ALTMAN
Bill Number: H. 3612 (Word version)
Date: ADD:
04/02/03 E. H. PITTS
Bill Number: H. 3590 (Word version)
Date: ADD:
04/02/03 M. A. PITTS
Bill Number: H. 3190 (Word version)
Date: ADD:
04/02/03 M. A. PITTS
The SPEAKER granted Rep. BAILEY a temporary leave of absence.
The following Bill and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 3191 (Word version) -- Reps. Barfield and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-280 TO ENACT THE "ACCESS TO MEDICAL TREATMENT ACT" SO AS TO AUTHORIZE AN INDIVIDUAL TO RECEIVE ALTERNATIVE, COMPLEMENTARY, EXPERIMENTAL, OR NONCONVENTIONAL MEDICAL TREATMENT FOR A LIFE THREATENING OR CHRONICALLY DISABLING DISEASE IF THE TREATING PHYSICIAN AGREES TO THE TREATMENT, TO PROVIDE CONDITIONS UNDER WHICH A PHYSICIAN MAY PROVIDE SUCH TREATMENT, TO PROVIDE THAT TREATING A PERSON IN COMPLIANCE WITH THIS SECTION IS NOT IN ITSELF UNPROFESSIONAL CONDUCT, AND TO PROVIDE THAT THIRD PARTY REIMBURSEMENT IS NOT REQUIRED FOR TREATMENT RENDERED PURSUANT TO THIS ACT.
H. 3868 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE MAY 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN ST. GEORGE, SOUTH CAROLINA, TO THE CITY OF ST. GEORGE.
H. 3869 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAMS-KINDERGARTEN OBJECTIVES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2746, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3870 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM-READINESS TEST, DESIGNATED AS REGULATION DOCUMENT NUMBER 2747, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3871 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO MINIMUM STANDARDS FOR THE DETERMINATION OF READINESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2748, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3872 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INTERVENTION WHERE QUALITY OF EDUCATION IN A LOCAL SCHOOL DISTRICT IS IMPAIRED, DESIGNATED AS REGULATION DOCUMENT NUMBER 2744, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3873 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HALF-DAY CHILD DEVELOPMENT PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2796, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3875 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM-WRITING TEXT: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2749, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3876 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHER GRANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2779, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3877 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2768, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3878 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DISPOSITION OF TEXTBOOK SAMPLES AFTER STATE ADOPTION PROCESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2745, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3879 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2795, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3880 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO RENEWAL OF CREDENTIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2799, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up:
H. 3333 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 56-5-2770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNALS AND MARKINGS ON SCHOOL BUSES, AND PROCEDURES RELATING TO THE LEGAL PASSING OF A BUS, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH THE DRIVER OF A VEHICLE NEED NOT STOP UPON MEETING A STOPPED SCHOOL BUS, AND THE CIRCUMSTANCES UPON WHICH THE DRIVER OF A VEHICLE MUST STOP UPON MEETING OR PASSING A STOPPED SCHOOL BUS, AND TO PROVIDE THAT A SCHOOL BUS ROUTE THAT REQUIRES PASSENGERS TO BE OFF-LOADED ALONG A MULTI-LANE HIGHWAY MUST BE DESIGNED TO ENSURE THAT A STUDENT IS NOT REQUIRED TO CROSS A FOUR OR MULTI-LANE HIGHWAY.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20442CM03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-5-2770 of the 1976 Code is amended to read:
"Section 56-5-2770. (a)(A) The driver of a vehicle meeting or overtaking from either direction any a school bus stopped on the a highway or private road shall must stop before reaching the bus where there are in operation on the bus flashing red lights specified in State Department of Education Regulations and Specifications Pertaining to School Buses, and the driver shall must not proceed until the bus resumes motion or the flashing red lights are no longer actuated.
(b) Every school bus shall be equipped with red or red and amber visual signals meeting the requirements of State Department of Education Regulations and Specifications Pertaining to School Buses, which may be actuated by the driver whenever, but only whenever, the bus is stopped or preparing to stop on the highway for the purpose of receiving or discharging school children. A driver shall not actuate the special visual signal in designated school bus loading areas if the bus is entirely off the roadway.
(c) Every school bus shall bear upon its front and rear plainly visible signs containing the words "SCHOOL BUS" in letters not less than eight inches in height. When a bus is being operated upon a highway for purposes other than the actual transportation of children either to or from school or school related activities, all markings indicating "SCHOOL BUS" shall be covered or concealed.
(B) The driver of a vehicle need not stop upon meeting a stopped school bus when traveling in the opposite direction on a multi-lane highway or multi-lane private road.
(C) The driver of a vehicle must not overtake a school bus which has amber visual signals actuated.
(d) The driver of a vehicle need not stop upon meeting a stopped school bus:
1. When the bus is in a passenger loading zone completely off the main travel lanes and when pedestrians are not allowed to cross the roadway.
2. On highways where the roadways are separated by an earth or raised concrete median.
(D) A school bus must be equipped with red and amber visual signals meeting the requirements of State Department of Education Regulations and Specifications Pertaining to School Buses, which must be actuated by the driver whenever the bus is stopped or preparing to stop on the highway for the purpose of receiving or discharging school children. A driver must not actuate the special visual signals when the bus is in designated school bus loading or off-loading areas if the bus is off the roadway entirely.
(e) The driver of a vehicle must stop upon meeting or passing a stopped school bus:
1. On any two-lane highway.
2. On any four-lane or multi-laned highway where opposing highway is separated only by painted lines on the roadway or a narrow gravel median.
3. When overtaking a school bus which has red or amber signals actuated.
(E) A school bus must bear upon its front and rear plainly visible signs containing the words 'SCHOOL BUS' in black letters not less than eight inches in height.
(F) A school bus route that requires passengers to be loaded or off-loaded along a multi-lane highway or multi-lane private road must be designed to ensure that a student is not required to cross a multi-lane highway or multi-lane private road.
(G) For the purposes of this section a multi-lane highway or multi-lane private road is a highway or private road that consists of four or more traffic lanes, having at least two traffic lanes traveling in each direction."
SECTION 2. Section 56-5-2780 of the 1976 Code, as last amended by Act 348 of 2002, is further amended to read:
"Section 56-5-2780. (A) A driver of a vehicle violating Section 56-5-2770 (a) or (e) (A) or (C) is guilty of a misdemeanor and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a first offense must be fined not less than five hundred dollars or imprisoned not more than thirty days. In lieu of imprisonment, the court may require that the individual complete an appropriate term of community service of not fewer than ten days upon terms and conditions the court considers proper. Notwithstanding any other provision of law, a first offense for a violation of Section 56-5-2770 (a) or (e) (A) or (C)may be tried in magistrate's court. Upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a second or subsequent violation of Section 56-5-2770 (a) or (e)(A) or (C), a person is guilty of a misdemeanor and must be fined not less than two thousand dollars or more than five thousand dollars or imprisoned for not fewer than thirty days and not more than sixty days.
(B) If a driver of a vehicle violates Section 56-5-2770 (a) or (e)(A) or (C), and the violation proximately causes great bodily injury or death to a pedestrian, the person is guilty of a felony and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bond, the person must be:
(1) fined not less than five thousand dollars or more than ten thousand dollars and imprisoned for not less than sixty days or more than one year when great bodily injury results;
(2) fined not less than ten thousand dollars or more than twenty-five thousand dollars and imprisoned for not less than one year or more than five years when death results.
As used in this subsection, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
The department shall suspend the driver's license of a person who is convicted or who receives a sentence upon a plea of guilty or nolo contendere pursuant to this subsection for the term of imprisonment plus one year."
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 4. This act takes effect August 1, 2003. /
Renumber sections to conform.
Amend title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 3874 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO APPLICATION FOR TEACHING CREDENTIAL-REQUIRED DOCUMENTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2774, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. MILLER explained the Joint Resolution.
The following Bill was taken up:
S. 438 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 23 TO TITLE 37, RELATING TO CONSUMER PROTECTION SO AS TO ENACT THE "SOUTH CAROLINA HIGH-COST AND CONSUMER HOME LOANS ACT", TO PROHIBIT A MUNICIPALITY OR COUNTY FROM REGULATING THE SUBJECT LOANS, TO DEFINE THE SUBJECT LOANS, TO PROHIBIT PROVISIONS IN A HIGH-COST HOME LOAN AGREEMENT FOR ACCELERATION, BALLOON PAYMENT, NEGATIVE AMORTIZATION, INTEREST INCREASE, ADVANCE PAYMENTS FROM LOAN PROCEEDS, AND ADDITIONAL FEES IN CERTAIN CIRCUMSTANCES, TO REQUIRE A HIGH-COST HOME LOAN LENDER TO ENSURE THAT THE BORROWER RECEIVES THE OPPORTUNITY FOR LOAN COUNSELING AND IS REASONABLY ABLE TO MEET HIS LOAN OBLIGATIONS, TO PROHIBIT THE FINANCING OF CERTAIN FEES IN CONNECTION WITH MAKING A HIGH-COST HOME LOAN AND THE CHARGING OF POINTS AND FEES IN CONNECTION WITH THE REFINANCING OF AN EXISTING HIGH-COST HOME LOAN, TO PROVIDE FOR CERTAIN DISCLOSURES TO THE BORROWER BEFORE THE LOAN IS MADE, TO REGULATE THE PAYMENT OF A HOME IMPROVEMENT CONTRACTOR FROM THE PROCEEDS OF A HIGH-COST HOME LOAN, TO PROVIDE THAT A VIOLATION OF THE HIGH-COST HOME LOAN PROHIBITIONS OR RESTRICTIONS IS AN UNFAIR TRADE PRACTICE PURSUANT TO CHAPTER 5 OF TITLE 39 AND TO REQUIRE ELECTION BY THE CLAIMANT, TO PROVIDE FOR ENFORCEMENT BY THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, ATTORNEY GENERAL, COMMISSIONER OF BANKING, OR A PARTY TO THE LOAN, TO PROVIDE FOR REMEDIES AND PENALTIES FOR VIOLATIONS OF THE HIGH-COST HOME LOAN RESTRICTIONS AND PROHIBITIONS INCLUDING ATTORNEY'S FEES, TO PROVIDE FOR ESTABLISHMENT OF GOOD FAITH BY A HIGH-COST HOME LOAN LENDER, TO PROVIDE CERTAIN RESTRICTIONS AND PROHIBITIONS IN THE MAKING OF A CONSUMER HOME LOAN, INCLUDING RESTRICTIONS ON THE CHARGING OF POINTS AND FEES AND THE PROHIBITION OF "FLIPPING" A LOAN, FINANCING CERTAIN INSURANCE PREMIUMS, AND ENCOURAGING DEFAULT OF A PREVIOUS LOAN, TO PROVIDE THAT A VIOLATION OF THE CONSUMER HOME LOAN RESTRICTIONS OR PROHIBITIONS IS AN UNFAIR TRADE PRACTICE AND TO REQUIRE ELECTION BY THE CLAIMANT, TO PROVIDE FOR PENALTIES AND REMEDIES INCLUDING ATTORNEY'S FEES; TO PROVIDE FOR REPAYMENT WITHOUT PENALTY OF CERTAIN LOANS; TO AMEND SECTION 37-10-103, RELATING TO PREPAYMENT WITHOUT PENALTY OF CERTAIN LOANS, SO AS TO INCREASE THE LOAN LIMIT FROM ONE HUNDRED THOUSAND DOLLARS TO ONE HUNDRED FIFTY THOUSAND DOLLARS; TO AMEND SECTION 37-1-109, RELATING TO THE CHANGE OF DOLLAR AMOUNTS IN THE CONSUMER PROTECTION CODE, SO AS TO ADD THAT LIMIT OF ONE HUNDRED FIFTY THOUSAND DOLLARS AS AN AMOUNT SUBJECT TO CHANGE ACCORDING TO CERTAIN INDICES; BY ADDING SECTIONS 37-2-309 AND 37-3-308 SO AS TO REQUIRE CERTAIN DISCLOSURES IN CONNECTION WITH THE CREDIT SALE OF A PURCHASER-OCCUPIED MANUFACTURED HOME OR A LOAN FOR THE PURCHASE, REFINANCING, OR CONSOLIDATION OF A LOAN SECURED BY A BORROWER-OCCUPIED MANUFACTURED HOME; TO AMEND SECTION 37-5-203, RELATING TO CIVIL PENALTIES FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO REFERENCE THE DISCLOSURES REQUIRED IN CONNECTION WITH A CREDIT SALE OF OR LOAN SECURED BY A MANUFACTURED HOME AND TO INCREASE THE PENALTY AMOUNT; TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO UNCONSCIONABILITY IN CONSUMER CREDIT TRANSACTIONS, SO AS TO PROVIDE THAT IF, CONSIDERING CERTAIN FACTORS, THE CONSUMER IS UNABLE TO MAKE SCHEDULED PAYMENTS ON THE OBLIGATION WHEN DUE OR IS PERMITTED TO ENTER INTO A TRANSACTION FROM WHICH HE DERIVES NO SUBSTANTIAL BENEFIT, THE COURT MAY FIND THE TRANSACTION UNCONSCIONABLE; AND TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO LOAN FINANCE CHARGES ON CONSUMER LOANS, SO AS TO PROVIDE THAT CERTAIN RESTRICTIONS APPLY TO A LOAN BY A SUPERVISED LENDER WITH SCHEDULED LOAN PAYMENTS OF FEWER THAN ONE HUNDRED TWENTY DAYS INCLUDING DISCLOSURE REQUIREMENTS, PROHIBITION ON PREPAYMENT PENALTIES, AND LIMITS ON RENEWALS.
Reps. CHELLIS, CATO and GOVAN proposed the following Amendment No. 1 (Doc Name H-LCI\S.438.1), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ "SECTION 1. Title 37 of the 1976 Code is amended by adding:
Section 37-23-10. This chapter may be cited as the 'South Carolina High-Cost and Consumer Home Loans Act'.
Section 37-23-20. For purposes of this chapter:
(1) 'Affiliate' means a company that controls, is controlled by, or is under common control with another company, as described in the Bank Holding Company Act of 1956 (12 U.S.C. Section 1841 et seq.), as amended.
(2) 'Annual percentage rate' means the annual percentage rate for the loan calculated according to the provisions of the federal Truth-in-Lending Act (15 U.S.C. Section 1601, et seq.), and the regulations promulgated under it by the Federal Reserve Board, both as amended.
(3) 'Bona fide loan discount points' means loan discount points knowingly paid by the borrower for the purpose of reducing, and which in fact result in a bona fide reduction of, the interest rate or time-price differential applicable to the loan, provided the amount of the interest rate reduction purchased by the discount points is reasonably consistent with established industry norms and practices for secondary mortgage market transactions.
(4) 'Consumer home loan' means a loan in which:
(a) the borrower is a natural person;
(b) the debt is incurred by the borrower primarily for personal, family, or household purposes; and
(c) the loan is secured by a mortgage on real estate upon which is located or is to be located a structure designed principally for occupancy of from one to four families and that is or is to be occupied by the borrower as the borrower's principal dwelling.
(5) 'Conventional mortgage rate' means the required net yield for a ninety-day standard mandatory delivery commitment for a reasonably comparable loan from either the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, whichever is greater;
(6) 'Conventional prepayment penalty' means any prepayment penalty or fee that may be collected or charged on a home loan, and that is authorized by law other than by this act, provided the home loan (1) does not have a percentage rate that exceeds the conventional mortgage rate by more than two percentage points; and (2) does not permit any prepayment fees or penalties that exceed two percent of the amount prepaid.
(7) 'Flipping' a consumer home loan means the making of a consumer home loan that refinances an existing consumer home loan of the borrower when the new loan is made within less than thirty six months of the previous loan and does not have a reasonable, tangible net benefit to the borrower, considering all the circumstances, including the terms of both the new and refinanced loans, the cost of the new loan, and the borrower's circumstances.
(a) A presumption of reasonable, tangible net benefit to the borrower occurs when:
(i) at the time the home loan is consummated, the borrower's total monthly debts, including amounts due under the home loan, do not exceed fifty percent of the borrower's monthly income as verified by tax returns, payroll receipts, or other third-party income verification, and
(ii) the borrower's monthly payment to pay the new debt will be lower than the total of all monthly obligations being financed, taking into account costs and fees; or
(iii) there is a beneficial change for the borrower in the duration of the loan; or
(iv) the borrower receives a reasonable amount of cash in excess of and in relation to the costs and fees as part of the refinancing; or
(v) there is a change from an adjustable rate loan to a fixed rate loan, taking into account costs and fees.
(B) the home loan refinancing transaction is presumed to be a flipping if a home loan refinances an existing home loan that was consummated as a special mortgage originated, subsidized, or guaranteed by or through a state, tribal, or local government or a nonprofit organization, which either bears a below-market interest rate at the time the loan was originated or has nonstandard payment terms beneficial to the borrower, such as payments that vary with income, are limited to a percentage of income, or are not required at all under specified conditions, and if, as a result of the refinancing, the borrower loses one or more of the benefits of the special mortgage.
(8) 'High-cost home loan' means a loan, other than an open-end credit plan or a reverse mortgage transaction, in which the:
(a) principal amount of the loan does not exceed the conforming loan size limit for a single-family dwelling as established from time to time by the Federal National Mortgage Association;
(b) borrower is a natural person;
(c) debt is incurred by the borrower primarily for personal, family, or household purposes;
(d) loan is secured by a mortgage on real estate upon which there is located or there is to be located a structure designed principally for occupancy of from one to four families and which is or is to be occupied by the borrower as the borrower's principal dwelling; and
(e) terms of the loan exceed one or more of the thresholds as defined in item (13) of this section.
(9) 'Lender' includes, but is not limited to, a mortgage broker or a mortgage banker originating a loan in a table-funded loan transaction in which the broker or banker is identified as the original payee of the note.
(10) 'Obligor' means each borrower, co-borrower, cosigner, or guarantor obligated to repay a loan.
(11) 'Points and fees' means:
(a) items required to be disclosed pursuant to Sections 226.4(a) and 226.4(b) of Title 12 of the Code of Federal Regulations, as amended, except interest or the time-price differential;
(b) compensation paid directly by the borrower to a mortgage broker not otherwise included in subitem (a) of this item;
(c) the maximum prepayment fees and penalties that may be charged or collected pursuant to the terms of the loan documents. Interest that may accrue in advance of payment in full of a loan made under a local, state, or federal government-sponsored mortgage insurance or guaranty program, including a Federal Housing Administration program, is not considered a prepayment fee or penalty; and
(D) 'points and fees' does not include:
(i) taxes, filing fees, recording, and other charges and fees actually paid or to be paid to public officials for determining the existence of or for perfecting, releasing, or satisfying a security interest;
(ii) bona fide and reasonable fees actually paid to a person, other than a lender or an affiliate of the lender or to the mortgage broker or an affiliate of the mortgage broker, who has received no direct or indirect compensation for the following: fees for tax payment services, fees for flood certification, fees for pest infestation and flood determinations, appraisal fees, fees for inspections performed before closing, credit reports, surveys, attorney's fees if the borrower has the right to select the attorney, notary fees, escrow charges, and flood insurance premiums not otherwise included pursuant to subitem (a) of this section;
(iii) premiums for insurance against title defects, loss of or damage to property, or liability arising out of the ownership or use of property, if the following conditions are met:
(A) the insurance coverage may be obtained from a person of the borrower's choice and this fact is disclosed; or
(B) the coverage is obtained from or through the lender or its affiliate and the premium for the initial term of insurance coverage is disclosed. If the term of insurance is less than the term of the transaction, the term of insurance must be disclosed also. The premium may be disclosed on a unit-cost basis only in open-end credit transactions, closed-end credit transactions by mail or telephone under Section 226.17(g) of Title 12 of the Code of Federal Regulations, and certain closed-end credit transactions involving an insurance plan that limits the total amount of indebtedness subject to coverage;
(iv ) commissions and other compensation paid to licensed real estate brokers and agents;
(v) charges for items listed in Section 226.4(c)(7) of Title 12 of the Code of Federal Regulations, as amended from time to time; or
(vi) premiums or other charges paid at or before closing for credit life, accident, health, or loss of income insurance or debt cancellation or all or part of the consumer's liability in the event of the loss of life, health, or income or in the case of accident, written in connection with the credit transaction.
(12) 'Table-funded transaction' means a settlement at which a mortgage loan is funded by an advance of loan funds to a lender who closes the loan in his name followed by an assignment of the loan from the person identified as the lender in the loan documents to the person advancing the initial loan funds.
(13) 'Thresholds' means:
(a) without regard to whether the loan transaction is a 'residential mortgage transaction' as the term 'residential mortgage transaction' is defined in Section 226.2(a)(24) of Title 12 of the Code of Federal Regulations, as amended, the annual percentage rate of the loan at the time the loan is consummated is a rate such that the loan is considered to be a 'mortgage' pursuant to Section 152 of the Home Ownership and Equity Protection Act of 1994 (Pub. Law 103-25, [15 U.S.C. Section 1602(aa)]), as amended, and regulations adopted pursuant to it by the Federal Reserve Board, including Section 226.32 of Title 12 of the Code of Federal Regulations;
(b) the total points and fees payable by the borrower at or before the loan closing exceed five percent of the total loan amount if the total loan amount is twenty thousand dollars or more, or the lesser of eight percent of the total loan amount or one thousand dollars if the total loan amount is less than twenty thousand dollars, except that the following discount points and prepayment fees and penalties are excluded from the calculation of the total points and fees payable by the borrower:
(i) up to and including two bona fide loan discount points payable by the borrower in connection with the loan transaction, but only if the interest rate from which the loan's interest rate is discounted does not exceed by more than one percentage point the conventional mortgage rate;
(ii) up to and including one bona fide loan discount point payable by the borrower in connection with the loan transaction, but only if the interest rate from which the loan's interest rate is discounted does not exceed by more than two percentage points the conventional mortgage rate;
(iii) conventional prepayment penalty;
(iv) fees or charges payable or paid by a party in connection with a local, state, or federal government-sponsored mortgage insurance or guaranty program including, but not limited to, Federal Housing Administration, Veterans Administration, South Carolina Housing Finance and Development Authority programs, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Home Loan Bank, or price adjustment;
(14) 'Total loan amount' means the same as the term 'total loan amount' means in Section 226.32 of Title 12 of the Code of Federal Regulations, as amended, and is calculated in accordance with the Federal Reserve Board's Official Staff Commentary to that section.
Section 37-23-30. A high-cost home loan agreement may not contain:
(1) A call provision that permits the lender, in its sole discretion, to accelerate the indebtedness. This item does not apply when repayment of the loan is accelerated by default, or pursuant to a due-on-sale provision or some other provision of the loan documents unrelated to the payment schedule.
(2) A balloon payment provision that contains a scheduled payment more than twice as large as the average of earlier scheduled payments. This provision does not apply when the payment schedule is adjusted to the seasonal or irregular income of the borrower.
(3) A negative amortization provision with a periodic payment schedule that causes the principal balance to increase.
(4) A provision that increases the interest rate after default. This provision does not apply to interest rate changes in a variable rate loan otherwise consistent with the provisions of the loan documents, so long as the change in the interest rate is not triggered by the event of default or the acceleration of the indebtedness.
(5) Terms under which more than two periodic payments required pursuant to the loan are consolidated and paid in advance from the loan proceeds provided to the borrower.
(6) Charges to a borrower for fees to modify, renew, extend, or amend a high-cost home loan or to defer a payment due pursuant to the terms of a high-cost home loan.
(7) Unless otherwise permitted by applicable federal law, contain as a part of the loan agreement a choice of law provision identifying a state other than South Carolina.
Section 37-23-40. The lender of a high-cost home loan may not:
(1) make a high-cost home loan without first recommending counseling and providing a list of counselors on the advisability of the loan transaction and the appropriate loan for the borrower from a counselor approved by the United States Department of Housing Development, South Carolina State Housing Finance and Development Authority, or the South Carolina Department of Consumer Affairs. No sooner than 48 hours after recommending counseling to a borrower, the lender must provide the borrower a written form which clearly states that the borrower has the option to seek counseling and states whether the borrower did or did not obtain counseling during the 48 hour period. Such form must be signed by the borrower.
(2) make a high-cost home loan unless the lender reasonably believes at the time the loan is consummated that one or more of the obligors, when considered individually or collectively, is able to make the scheduled payments to repay the obligation based upon a consideration of their current and expected income, current obligations, employment status, and other financial resources other than the borrower's equity in the dwelling that secures repayment of the loan. An obligor is presumed to be able to make the scheduled payments to repay the obligation if, at the time the loan is consummated, the obligor's total monthly debts, including amounts owed pursuant to the loan, do not exceed fifty percent of the obligor's monthly gross income as verified by a financial statement signed by the obligor and by third-party verification, which may include a credit report and, in the case of employment income, by payment records or verification by the employer, such as a pay stub. A presumption of inability to make the scheduled payments to repay the obligation does not arise solely from the fact that, at the time the loan is consummated, the obligor's total monthly debts, including amounts owed under the loan, exceed fifty percent of the obligor's monthly gross income;
(3) directly or indirectly finance:
(a) prepayment fees or penalties payable by the borrower in a refinancing transaction if the lender or an affiliate of the lender is the noteholder of the note being refinanced; or
(b) points and fees exceeding five percent of the total loan amount;
(4) charge a borrower points and fees in connection with a high-cost home loan if the proceeds of the high-cost home loan are used to refinance an existing high-cost home loan held by the same lender as noteholder and the last financing was within one year of the current refinancing; except that this provision does not prohibit a lender from charging points in connection with additional proceeds received by the obligor in connection with the refinancing. For purposes of this subsection, 'additional proceeds' for a loan is the amount in excess of the current principal balance of the existing high-cost loan being refinanced;
(5) pay a contractor pursuant to a home-improvement contract from the proceeds of a high-cost home loan other than:
(a) by an instrument payable to the borrower or jointly to the borrower and the contractor; or
(b) at the election of the borrower, through a third-party escrow agent in accordance with terms established in a written agreement signed by the borrower, the lender, and the contractor before the disbursement.
Section 37-23-45. (A) At least three days before the scheduled closing of the high-cost home loan, the broker must disclose in writing the profit the broker is making from the loan. The written form must contain two separate disclosures each with a separate line for signature by the borrower.
(B) The two disclosures must contain:
(1) the amount of the yield spread premium. For purposes of this item, 'yield spread premium' means the difference in the interest rate charged to the borrower for the loan and the interest rate paid by the lender for the loan; and
(2) an itemization of amounts considered to be loan profits including, but not limited to, amounts for points, fees, commissions, and the yield spread premium.
(C) the separate signature line for each disclosure must include an acknowledgement by the borrower that the disclosures have been explained to him, he understands them, and he voluntarily enters into the loan transaction.
Section 37-23-50. (A) Except as provided in Section 37-23-60, the making of a high-cost home loan that violates Section 37-23-30, 37-23-40, or 37-23-45 is unlawful as an unfair or deceptive act or practice in or affecting commerce in violation of the provisions of Chapter 5 of Title 39. A person seeking damages or penalties pursuant to this section shall elect to recover damages pursuant to either this chapter or Chapter 5 of Title 39, but not both.
(B) The provisions of this article apply to a person who in bad faith attempts to avoid the application of this article by:
(1) structuring a loan transaction as an open-end credit plan for the purpose and with the intent of evading the provisions of this article if the loan would be a high-cost home loan if it were structured as a closed-end loan;
(2) dividing a loan transaction into separate parts for the purpose and with the intent of evading the provisions of this article; or
(3) other subterfuge.
(C) The Administrator of the Department of Consumer Affairs, the Attorney General, the Commissioner of Banking, the Director of the Consumer Finance Division of the State Board of Financial Institutions, or any party to a high-cost home loan may enforce the provisions of this article.
Section 37-23-60. A lender of a high-cost home loan who acts in good faith but fails to comply with this article does not violate Section 37-23-30, 37-23-40, or 37-23-45 if the lender establishes that either:
(1) within thirty days of the loan closing and before the institution of an action pursuant to this article, the lender notifies the borrower of the compliance failure, makes appropriate restitution, and makes necessary adjustments to the loan, at the choice of the borrower, either to:
(a) make the high-cost home loan satisfy the requirements of Section 37-23-30, 37-23-40, or 37-23-45; or
(b) change the terms of the loan in a manner beneficial to the borrower so that the loan is no longer considered a high-cost home loan subject to the provisions of this article.
(2) the compliance failure was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid those errors, and within ninety days after the discovery of the compliance failure and before the institution of an action pursuant to this article or the receipt of written notice of the compliance failure, the lender notifies the borrower of the compliance failure, makes appropriate restitution and makes necessary adjustments to the loan, at the choice of the borrower, either to:
(a) make the high-cost home loan satisfy the requirements of Sections 37-23-30, 37-23-40, and 37-23-45; or
(b) change the terms of the loan in a manner beneficial to the borrower so that the loan is no longer considered a high-cost home loan subject to the provisions of this article. Examples of a bona fide error include clerical, calculation, computer malfunction and programming, and printing errors. An error of legal judgment with respect to a person's obligations pursuant to this article is not a bona fide error. A person seeking damages or penalties pursuant to this section shall elect to recover damages pursuant to either this chapter or Chapter 5 of Title 39, but not both.
Section 37-23-70. (A) A lender may not engage knowingly or intentionally in the unfair act or practice of 'flipping' a consumer home loan. This provision applies regardless of whether the interest rate, points, fees, and charges paid or payable by the borrower in connection with the refinancing exceed those thresholds specified in Section 37-23-20(13).
(B) It is unlawful, on or after July 1, 2004, for a lender in a consumer home loan to finance, directly or indirectly, credit life, disability, debt cancellation, or unemployment insurance, or other life or health insurance premiums; except that insurance premiums calculated and paid on a monthly basis are not considered to be financed by the lender.
(C) A lender may not recommend or encourage default on an existing loan or other debt before and in connection with the closing or planned closing of a consumer home loan that refinances all or a portion of the existing loan or debt.
(D) Unless otherwise allowed under federal law, a consumer home loan agreement may not contain a choice of law provision identifying a state other than South Carolina.
(E) The making of a consumer home loan that violates subsection (A), (B), (C), or (D) is a violation of the provisions of this article and unlawful as an unfair or deceptive act or practice in or affecting commerce in violation of the provisions of Chapter 5 of Title 39. A person seeking damages or penalties pursuant to this section shall elect to recover damages pursuant to either this chapter or Chapter 5 of Title 39, but not both.
(F) In a suit instituted by a borrower who alleges that the defendant violated this article, the presiding judge may, in the judge's discretion, allow reasonable attorney's fees to the attorney representing the prevailing party. The attorney's fees must be taxed as a part of the court costs and payable by the losing party, upon a finding by the presiding judge that:
(1) the party charged with the violation engaged wilfully in the act or practice, and there was unwarranted refusal by the party fully to resolve the matter that constitutes the basis of the suit; or
(2) the party instituting the action knew, or should have known, that the action was frivolous and malicious.
(G) Points and fees charged on consumer home loans and subject to this article are considered earned immediately and not subject to Section 37-3-201 and the rebate provisions of Sections 37-3-209 and 37-3-210. Provided, that this section does not limit the borrower's right to prepay under Section 37-3-209.
SECTION 2. A. 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 not exceed one hundred 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) 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) 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. The debtor may prepay in full at any time without penalty the debt represented by a personal, family, or household purpose loan agreement that is secured in whole or in part by a first or junior lien on real estate if the aggregate of all sums advanced will not exceed one hundred fifty thousand dollars."
B. Section 37-1-109(6) of the 1976 Code is amended to read:
"(6) The dollar amounts in the following sections of this title are subject to change in accordance with this section: 37-2-104(1)(e), 37-2-106(1)(b), 37-2-203(1), 37-2-407(1), 37-2-705 (1)(a) and (b), 37-3-104(1)(d), 37-3-203(1), 37-3-510, 37-3-511, 37-3-514, 37-5-103(2), (3), and (4), and 37-10-103."
SECTION 3. A. Section 37-3-103 of the 1976 Code is amended to read:
"Section 37-3-103. The following definitions apply to this title and appear in this chapter as follows:
'Consumer Loan' - Section 37-3-104
'Lender' - Section 37-3-107(1)
'Loan' - Section 37-3-106
'Loan finance charge' - Section 37-3-109
'Loan primarily secured by an interest in land' - Section 37-3-105
'Precomputed' - Section 37-3-107(2)
'Principal' - Section 37-3-107(3)
'Restricted Lender' - Section 37-3-501(4)
'Restricted Loan' - Section 37-3-501(3)
'Revolving loan account' - Section 37-3-108
'Short-term vehicle secured loan' - Section 37-3-413(1)
'Supervised Lender' - Section 37-3-501(2)
'Supervised Loan' - Section 37-3-501(1)"
B. Part 4, Chapter 3, Title 37 of the 1976 Code is amended by adding:
"Section 37-3-413. (1) A 'short-term vehicle secured loan' means a nonpurchase money consumer loan with an original repayment term of less than one hundred and twenty days and secured by a motor vehicle. It does not include a loan made by a supervised financial organization.
(2) A short-term vehicle secured loan must be for an original period of at least one month. A lender may allow the loan to be renewed no more than eleven additional periods, with each period equal to the length of the original period. A short-term vehicle secured loan may not accrue interest after the maturity of the eleventh renewal period. After the maturity of the final renewal period the borrower may repay the remaining principal, without additional interest, in three equal monthly installments. For the purposes of this section, a renewal is an extension of a short-term vehicle secured loan for an additional period without changes in the terms of the loan other than a reduction in its principal. Accrued interest must not be capitalized or added to the principal of the loan at the time of a renewal.
(3) Before making a short-term vehicle secured loan, a lender shall form a good faith belief that the borrower has the ability to repay the loan, considering the borrower's, and any co-borrower's, employment, monthly income, and other monthly expenses compared to the loan's repayment obligation for the original term and permitted renewals. The lender is considered to comply with this subsection if the lender obtains from the borrower, on a form separate from the loan agreement, a signed statement that the information the borrower has provided regarding employment, income, and expenses is true and correct and that, given the information, the borrower believes he has the ability to repay the loan.
(4) A lender may not make a short-term vehicle secured loan in a principal amount greater than the fair market retail value of the motor vehicle securing the loan, as determined by common industry appraisal guides. If the motor vehicle securing the loan is not listed in common appraisal guides, the lender shall use his best judgment to determine the value.
(5) Except in the event of fraud by the borrower, if a borrower defaults in the repayment of a short-term vehicle secured loan, the lender's sole remedy is to seek possession and sale of the motor vehicle securing the loan and the lender may not pursue the borrower personally in an action for repayment of the loan or for any deficiency after sale. Notwithstanding this section, the lender must return to the borrower any surplus obtained after sale in excess of the amount owed on the loan and reasonable expenses of repossession and sale in accordance with Title 36, Chapter 9.
(6) In a short-term vehicle secured loan agreement in which the amount of interest charged exceeds the amount authorized by Section 34-29-140, the lender shall provide a:
(a) notice, placed conspicuously above the borrower's signature and in at least fourteen point type, as follows:
'THIS IS A HIGHER INTEREST LOAN. YOU SHOULD GO TO ANOTHER SOURCE IF YOU HAVE THE ABILITY TO BORROW AT A LOWER RATE OF INTEREST. YOU ARE PLACING YOUR VEHICLE AT RISK IF YOU DEFAULT ON THIS LOAN.'; and
(b) right of rescission provision entitling the borrower to repay the principal amount borrowed without interest or other cost at any time until the close of business on the business day following the date the original loan was executed.
(7) A lender making short-term vehicle secured loans may not advertise or offer a rate of interest that is lower in the original period of the loan if that rate increases in later renewals."
SECTION 4. Chapter 2, Title 37 of the 1976 Code is amended by adding:
"Section 37-2-309. (A) An estimate of the disclosures required by Section 37-2-301 is required in connection with a credit sale of a purchaser-occupied manufactured home not less than two days before the consummation of the transaction as defined in 12 C.F.R. Section 226.2(a)(13). The estimated disclosure must be accompanied by the itemization of the amount financed. With respect to a credit sale that is secured by real property, the disclosures required by the Federal Real Estate Settlement Procedures Act are applicable.
(B) If the seller turns down the applicant for the credit sale before making the disclosures, the disclosures as provided in subsection (A) are not required.
(C)(1) If the seller determines that a material term of the credit sale must change, then the seller shall redisclose the estimated disclosures to conform to the changed terms and the transaction must not be consummated until one day after the redisclosure.
(2) A material term of the credit sale includes:
(a) the number of payments of the transaction;
(b) a feature of the transaction causing it to be an alternative mortgage transaction as defined in 12 U.S. Code Section 3802(1) when the transaction as previously disclosed was not an alternative mortgage transaction;
(c) a term or fee in the transaction or combination of terms or fees causing the annual percentage rate to vary more than one quarter of one percent of the annual percentage rate previously disclosed; or
(d) any insurance premiums, prepaid finance charges, third-party fees, or preparation charges that vary from the previously disclosed insurance premiums, prepaid finance charges, third-party fees, or preparation charges by the lesser of five hundred dollars in the aggregate or one percent of the estimated amount disclosed pursuant to subsection (A) above."
SECTION 5. Chapter 3, Title 37 of the 1976 Code is amended by adding:
"Section 37-3-308. (A) An estimate of the disclosures required by Section 37-3-301 is required in connection with a loan for the purchase, refinance, or consolidation of a loan secured by a borrower-occupied manufactured home not less than two days before the consummation of the transaction as defined in 12 C.F.R. Section 226.2(a)(13). The estimated disclosure must be accompanied by the itemization of the amount financed. With respect to a loan secured by real property, the disclosures required by the Federal Real Estate Settlement Procedures Act are applicable.
(B) If the lender turns down the applicant for the credit sale before making the disclosures, the disclosures as provided in subsection (A) are not required.
(C)(1) If the lender determines that a material term of the loan sale must change, then the lender shall redisclose the estimated disclosures to conform to the changed terms and the transaction must not be consummated until one day after the redisclosure.
(2) A material term of the credit sale includes:
(a) the number of payments of the transaction;
(b) a feature of the transaction causing it to be an alternative mortgage transaction as defined in 12 U.S. Code Section 3802(1) when the transaction as previously disclosed was not an alternative mortgage transaction;
(c) a term or fee in the transaction or combination of terms or fees causing the annual percentage rate to vary more than one quarter of one percent of the annual percentage rate previously disclosed; or
(d) any insurance premiums, prepaid finance charges, third-party fees, or preparation charges that vary from the previously disclosed insurance premiums, prepaid finance charges, third-party fees, or preparation charges by the lesser of five hundred dollars in the aggregate or one percent of the estimated amount disclosed pursuant to subsection (A) above."
SECTION 6. Section 37-5-203(1) and (2) of the 1976 Code is amended to read:
"(1) Except as otherwise provided in this section, a creditor who, in violation of the provisions of the Federal Truth in Lending Act or Section 37-2-309 or 37-3-308, fails to disclose information to a person entitled to the information under pursuant to this title is liable to that person in an amount equal to the sum of:
(a) twice the amount of the finance charge in connection with the transaction, but the liability pursuant to this paragraph shall item must be not less than one hundred dollars or more than one thousand dollars; and
(b) in the case of a successful action to enforce the liability under paragraph pursuant to item (a), the costs of the action together with reasonable attorney's fees as determined by the court.
(2) With respect to disclosures required by Section 37-2-301 or 37-3-301, A a creditor has no liability under pursuant to this section if, within sixty days after discovering an error, and prior to before the institution of an action under pursuant to this section or the receipt of written notice of the error, the creditor notifies the person concerned of the error and makes whatever necessary adjustments in the appropriate account are necessary to assure that the person will is not be required to pay a finance charge in excess of the amount of or percentage rate actually disclosed. With respect to disclosures required by Section 37-2-309 or 37-3-308, a creditor has the liability stated in subsection (1)(a) if:
(i) the creditor fails to give the disclosures required by Section 37-2-309 or 37-3-308; or
(ii) the disclosures required by Section 37-2-309(C) or 37-3-308(C) are provided but vary from the disclosures given at consummation pursuant to Section 37-2-301 or 37-3-301, if the cure or correction provisions of this subsection do not apply to those violations; except that a lender is not liable unless the credit sale or loan transaction is consummated."
SECTION 7. Section 37-5-203 of the 1976 Code is amended by adding an appropriately numbered subsection to read:
"(8) The right of a person to sue for a violation of Section 37-2-309 or 37-3-308 is maintainable only as an individual action."
SECTION 8. Chapter 1, Title 34 of the 1976 Code is amended by adding:
"Section 34-1-140. A political subdivision of this State may not enact or enforce any ordinance, resolution, or rule regulating the financial or lending activities of a person or a subsidiary or affiliate of that person, including disqualification of a person from doing business with the political subdivision based upon lending interest rates or imposition of reporting requirements or other obligations upon a person regarding its financial services or lending practices, if that person or a subsidiary or an affiliate of that person:
(1) is subject to the jurisdiction of the State Board of Financial Institutions;
(2) is subject to the jurisdiction of the Office of Thrift Supervision, the Office of the Comptroller of the Currency, the National Credit Union Administration, the Federal Deposit Insurance Corporation, the Federal Trade Commission, or the United States Department of Housing and Urban Development;
(3) originates, purchases, sells, assigns, securities, or services property interests or obligations created by a financial transaction or loan made, executed, or originated to assist or facilitate the transaction by a person referred to in items (1) or (2); or
(4) sells or markets banking, insurance, securities, or commodities services provided by an institution or entity defined in or required to comply with the Federal Gramm-Leach-Bliley Financial Modernization Act, 113 Stat. 1338."
SECTION 9. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 10. This act takes effect January 1, 2004, and applies to all loans for which the loan applications were taken on or after that date." /
Renumber sections to conform.
Amend title to conform.
Rep. CHELLIS explained the amendment.
Rep. CHELLIS spoke in favor of the amendment.
Rep. CHELLIS continued speaking.
The amendment was then adopted.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of amendments.
Rep. CATO moved that the House recur to the Morning Hour, which was agreed to.
The following was received from the Senate:
Columbia, S.C., April 1, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 341:
S. 341 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE STATE BUDGET AND CONTROL BOARD AND THE BOARD'S OFFICERS AND EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS SUCH MEMBERS, OFFICERS, OR EMPLOYEES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FROM A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION OF THEIR PERSON AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE BOARD IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AND TO PROVIDE A SIMILAR DEFENSE AND INDEMNIFICATION UNDER SIMILAR CIRCUMSTANCES FOR THE MEMBERS OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.
Very respectfully,
President
On motion of Rep. HARRELL, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. HARRELL, COOPER and KIRSH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 469 (Word version) -- Senators Grooms and Branton: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 61 IN DORCHESTER COUNTY FROM WALTERBORO ROAD TO THE SOUTHERNMOST INTERSECTION OF OLD BEECH HILL ROAD AND HIGHWAY 61 IN MEMORY OF CLEMENT SINGLETON, SR. AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE ROAD INDICATING THIS DESIGNATION IN RECOGNITION OF MR. SINGLETON'S YEARS OF HARD WORK AND SERVICE TO HIS COMMUNITY AND THIS STATE.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3904 (Word version) -- Reps. Tripp, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO CONTINUE TO ALLOW THE STATES TO REGULATE INSURANCE COMPANIES, AND TO OPPOSE ANY PROPOSAL TO ESTABLISH EITHER A FEDERAL OR A BIFURCATED SYSTEM OF INSURANCE REGULATION OR TO CEDE AUTHORITY TO FEDERAL AGENCIES TO REGULATE FINANCIAL INSTITUTIONS INVOLVED IN THE BUSINESS OF INSURANCE.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3907 (Word version) -- Reps. Barfield, Clemmons, Edge, Keegan and Viers: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME CONWAY PERIMETER ROAD WHICH CONNECTS UNITED STATES HIGHWAY 501 IN CONWAY WITH UNITED STATES HIGHWAY 378 "BILLY JORDAN BOULEVARD" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS ROAD CONTAINING THE WORDS "BILLY JORDAN BOULEVARD".
Ordered for consideration tomorrow.
On motion of Rep. OWENS, with unanimous consent, the following was taken up for immediate consideration:
H. 3922 (Word version) -- Reps. Owens, Skelton, Trotter and Rice: A HOUSE RESOLUTION TO DECLARE THE WEEK OF APRIL 27 - MAY 4, 2003, AS NATIONAL SOIL AND WATER STEWARDSHIP WEEK IN SOUTH CAROLINA AND TO COMMEND THE SOUTH CAROLINA ASSOCIATION OF CONSERVATION DISTRICTS FOR PROMOTING WISE AND RESPONSIBLE STEWARDSHIP OF OUR SOIL AND WATER.
Whereas, assuring food for the future is the most basic issue any society faces. The world's food still depends on an adequate supply of good farmland, and the care of soil and water resources is essential to continued food production; and
Whereas, the ability to feed a world that could grow to eight billion by 2030 is a serious task that will require a serious stewardship ethic among all of us; and food for the future will come from those people and nations fortunate enough to have the soil an water for agricultural production, the ability to provide stewardship for the land, and the freedom to pursue their agriculture in peace; and
Whereas, soil and water conservation districts provide local conservation leadership for America's working lands and have been assisting landowners with the adoption of soil and water technology since the 1930s by taking available technical, financial, and educational resources, whatever their source, and focusing or coordinating them so that they meet the needs of the local land user for conservation of soil, water, and related resources; and
Whereas, the forty-six soil and water conservation districts of South Carolina and their two hundred thirty governing commissioners join with America's three thousand conservation districts to work directly with more than two and one-half million cooperating landowners and operators to manage the soil, water, forest, and wildlife resources on nearly ninety-eight percent of the private working lands in the United States; and
Whereas, Soil and Water Stewardship Week has been observed in the United States since 1955, and the celebration for 2003 is focused on "Food for the Future". Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, declare the week of April 27-May 4, 2003, as National Soil and Water Stewardship Week in South Carolina, and commend the South Carolina Association of Conservation Districts for promoting wise and responsible stewardship of our soil and water.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Association of Conservation Districts.
The Resolution was adopted.
The following was introduced:
H. 3923 (Word version) -- Reps. Govan, Allen, Breeland, J. Brown, R. Brown, Clyburn, Cobb-Hunter, Gourdine, J. Hines, M. Hines, Hosey, Howard, Kennedy, Lee, Lloyd, Mack, Moody-Lawrence, J. H. Neal, Parks, Rutherford, Scott, F. N. Smith, Weeks, Whipper, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, G. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, Hinson, Huggins, Jennings, Keegan, Kirsh, Koon, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, J. M. Neal, Neilson, Ott, Owens, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Sandifer, Scarborough, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE RILEY B. "B.B." KING OF MEMPHIS, TENNESSEE, FOR HIS MANY CONTRIBUTIONS TO BLUES, TO COMMEND HIM FOR HIS LIFELONG DEDICATION TO HIS ART AND SHARING HIS MUSICAL GIFT WITH US ALL, AND TO WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Debate was resumed on the following Bill, the pending question being the consideration of amendments:
S. 438 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 23 TO TITLE 37, RELATING TO CONSUMER PROTECTION SO AS TO ENACT THE "SOUTH CAROLINA HIGH-COST AND CONSUMER HOME LOANS ACT", TO PROHIBIT A MUNICIPALITY OR COUNTY FROM REGULATING THE SUBJECT LOANS, TO DEFINE THE SUBJECT LOANS, TO PROHIBIT PROVISIONS IN A HIGH-COST HOME LOAN AGREEMENT FOR ACCELERATION, BALLOON PAYMENT, NEGATIVE AMORTIZATION, INTEREST INCREASE, ADVANCE PAYMENTS FROM LOAN PROCEEDS, AND ADDITIONAL FEES IN CERTAIN CIRCUMSTANCES, TO REQUIRE A HIGH-COST HOME LOAN LENDER TO ENSURE THAT THE BORROWER RECEIVES THE OPPORTUNITY FOR LOAN COUNSELING AND IS REASONABLY ABLE TO MEET HIS LOAN OBLIGATIONS, TO PROHIBIT THE FINANCING OF CERTAIN FEES IN CONNECTION WITH MAKING A HIGH-COST HOME LOAN AND THE CHARGING OF POINTS AND FEES IN CONNECTION WITH THE REFINANCING OF AN EXISTING HIGH-COST HOME LOAN, TO PROVIDE FOR CERTAIN DISCLOSURES TO THE BORROWER BEFORE THE LOAN IS MADE, TO REGULATE THE PAYMENT OF A HOME IMPROVEMENT CONTRACTOR FROM THE PROCEEDS OF A HIGH-COST HOME LOAN, TO PROVIDE THAT A VIOLATION OF THE HIGH-COST HOME LOAN PROHIBITIONS OR RESTRICTIONS IS AN UNFAIR TRADE PRACTICE PURSUANT TO CHAPTER 5 OF TITLE 39 AND TO REQUIRE ELECTION BY THE CLAIMANT, TO PROVIDE FOR ENFORCEMENT BY THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, ATTORNEY GENERAL, COMMISSIONER OF BANKING, OR A PARTY TO THE LOAN, TO PROVIDE FOR REMEDIES AND PENALTIES FOR VIOLATIONS OF THE HIGH-COST HOME LOAN RESTRICTIONS AND PROHIBITIONS INCLUDING ATTORNEY'S FEES, TO PROVIDE FOR ESTABLISHMENT OF GOOD FAITH BY A HIGH-COST HOME LOAN LENDER, TO PROVIDE CERTAIN RESTRICTIONS AND PROHIBITIONS IN THE MAKING OF A CONSUMER HOME LOAN, INCLUDING RESTRICTIONS ON THE CHARGING OF POINTS AND FEES AND THE PROHIBITION OF "FLIPPING" A LOAN, FINANCING CERTAIN INSURANCE PREMIUMS, AND ENCOURAGING DEFAULT OF A PREVIOUS LOAN, TO PROVIDE THAT A VIOLATION OF THE CONSUMER HOME LOAN RESTRICTIONS OR PROHIBITIONS IS AN UNFAIR TRADE PRACTICE AND TO REQUIRE ELECTION BY THE CLAIMANT, TO PROVIDE FOR PENALTIES AND REMEDIES INCLUDING ATTORNEY'S FEES; TO PROVIDE FOR REPAYMENT WITHOUT PENALTY OF CERTAIN LOANS; TO AMEND SECTION 37-10-103, RELATING TO PREPAYMENT WITHOUT PENALTY OF CERTAIN LOANS, SO AS TO INCREASE THE LOAN LIMIT FROM ONE HUNDRED THOUSAND DOLLARS TO ONE HUNDRED FIFTY THOUSAND DOLLARS; TO AMEND SECTION 37-1-109, RELATING TO THE CHANGE OF DOLLAR AMOUNTS IN THE CONSUMER PROTECTION CODE, SO AS TO ADD THAT LIMIT OF ONE HUNDRED FIFTY THOUSAND DOLLARS AS AN AMOUNT SUBJECT TO CHANGE ACCORDING TO CERTAIN INDICES; BY ADDING SECTIONS 37-2-309 AND 37-3-308 SO AS TO REQUIRE CERTAIN DISCLOSURES IN CONNECTION WITH THE CREDIT SALE OF A PURCHASER-OCCUPIED MANUFACTURED HOME OR A LOAN FOR THE PURCHASE, REFINANCING, OR CONSOLIDATION OF A LOAN SECURED BY A BORROWER-OCCUPIED MANUFACTURED HOME; TO AMEND SECTION 37-5-203, RELATING TO CIVIL PENALTIES FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO REFERENCE THE DISCLOSURES REQUIRED IN CONNECTION WITH A CREDIT SALE OF OR LOAN SECURED BY A MANUFACTURED HOME AND TO INCREASE THE PENALTY AMOUNT; TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO UNCONSCIONABILITY IN CONSUMER CREDIT TRANSACTIONS, SO AS TO PROVIDE THAT IF, CONSIDERING CERTAIN FACTORS, THE CONSUMER IS UNABLE TO MAKE SCHEDULED PAYMENTS ON THE OBLIGATION WHEN DUE OR IS PERMITTED TO ENTER INTO A TRANSACTION FROM WHICH HE DERIVES NO SUBSTANTIAL BENEFIT, THE COURT MAY FIND THE TRANSACTION UNCONSCIONABLE; AND TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO LOAN FINANCE CHARGES ON CONSUMER LOANS, SO AS TO PROVIDE THAT CERTAIN RESTRICTIONS APPLY TO A LOAN BY A SUPERVISED LENDER WITH SCHEDULED LOAN PAYMENTS OF FEWER THAN ONE HUNDRED TWENTY DAYS INCLUDING DISCLOSURE REQUIREMENTS, PROHIBITION ON PREPAYMENT PENALTIES, AND LIMITS ON RENEWALS.
Rep. BARFIELD proposed the following Amendment No. 4 (Doc Name H-LCI\S.438.13A), which was adopted:
Amend the bill, as and if amended, by striking in its entirety Section 37-23-50, as contained in SECTION 1 and inserting:
/ "Section 37-23-50. (A) If a lender, or party charged with a violation, when making a high-cost home loan violates the provisions of this article, the borrower has a right in action, other than a class action, to recover from the lender or party charged with the violation actual damages and also a penalty in an amount determined by the court of not less than one thousand five hundred dollars and not more than seven thousand five hundred dollars per loan transaction. No borrower may bring a class action for a violation of this article. No borrower may bring an action for a violation of this article more than three years after the violation occurred and after the original scheduled maturity date of the debt. This section does not bar a borrower from asserting a violation of this article in an action to collect a debt which was brought more than three years from the date of the occurrence of the violation and after the original scheduled maturity date of the debt as a matter of defense by recoupment or set-off in such action;
(B)(1) If the court finds as a matter of law that the agreement or transaction violates the provisions of this article at the time it was made, the court may, in an action other than a class action:
(a) refuse to enforce the agreement, or a term, or part of the agreement or transaction that the court determines to have been unlawful at the time it was made;
(b) enforce the remainder of the agreement without the unlawful term or part, or limit the application of the unlawful term or part to avoid an unlawful result;
(c) rewrite or modify the agreement to eliminate an unlawful term, part, or result and enforce the new agreement; or
(d) award either one of the following:
(i) not more than the total amount of the loan finance charge and allow repayment of the unpaid balance of the loan without any finance charge; or
(ii) not more than double the amount of excess loan finance charge or other charges or fess actually received by the creditor or paid by the debtor to a third party.
(2) 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 lender or party charged with a violation 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.
(E) In a suit instituted by a borrower who alleges that the defendant violated this article, the presiding judge, in the judge's discretion, may allow reasonable attorney's fees to the attorney representing the prevailing party. The attorney's fees must be taxed as a part of the court costs and payable by the losing party, upon a finding by the presiding judge that:
(1) the party charged with the violation engaged wilfully in the act or practice, and there was unwarranted refusal by the party fully to resolve the matter that constitutes the basis of the suit; or
the party instituting the action knew, or should have known, that the action was frivolous and malicious.
(F) This article establishes specific consumer protections in consumer home loans in addition to other consumer protections that may be otherwise available by law.
(G) The provisions of this article apply to a person who in bad faith attempts to avoid the application of this article by:
(1) structuring a loan transaction as an open-end credit plan for the purpose and with the intent of evading the provisions of this article if the loan would be a high-cost home loan if it were structured as a closed-end loan;
(2) dividing a loan transaction into separate parts for the purpose and with the intent of evading the provisions of this article; or
(3) other subterfuge.
(H) The Administrator of the Department of Consumer Affairs, the Attorney General, the Commissioner of Banking, the Director of the Consumer Finance Division or any party to a high-cost home loan may enforce the provisions of this article. The penalties and remedies provided in this article are in addition to and cumulative of penalties and remedies available pursuant to other provisions of law."/
Amend the bill further, as and if amended, Section 37-23-60(1), as contained in SECTION 1, by striking the words / at the choice of the borrower /
Amend the bill further, as and if amended, Section 37-23-60(2), as contained in SECTION 1, by striking the words / at the choice of the borrower /
Amend the bill further, as and if amended, Section 37-23-60(2)(b), as contained in SECTION 1, by striking the sentence / A person seeking damages or penalties pursuant to this section shall elect to recover damages pursuant to either this chapter or Chapter 5 fo the title 39, but not both. /
Amend the bill further, as and if amended, Section 37-23-70, as contained in SECTION 1, by striking 37-23-70(e), (f), and (g) and inserting:
/ "(e) The making of a consumer home loan that violates this section is a violation of the provisions of this article and the borrower has a right in action, other than a class action, to recover from the lender or party charged with the violation actual damages and also a penalty in an amount determined by the court of not less than one thousand five hundred dollars and not more than seven thousand five hundred dollars. No borrower may bring a class action for a violation of this article. No borrower may bring an action for a violation of this article more than three years after the violation occurred and after the original scheduled maturity date of the debt. This subsection does not bar a debtor from asserting a violation of this article in an action to collect a debt which was brought more than three years from the date of the occurrence of the violation and after the original scheduled maturity date of the debt as a matter of defense by recoupment or set-off in such action.
(F)(1) If the court finds as a matter of law that the agreement or transaction violates the provisions of this article at the time it was made, the court may, in an action other than a class action:
(a) refuse to enforce the agreement, or a term, or part of the agreement or transaction that the court determines to have been unlawful at the time it was made;
(b) enforce the remainder of the agreement without the unlawful term or part, or limit the application of the unlawful term or part to avoid an unlawful result;
(c) rewrite or modify the agreement to eliminate an unlawful term, part, or result and enforce the new agreement; or
(d) award either one of the following:
(i) not more than the total amount of the loan finance charge and allow repayment of the unpaid balance of the loan without any finance charge; or
(ii) not more than double the amount of excess loan finance charge or other charges or fess actually received by the creditor or paid by the debtor to a third party.
(2) An action pursuant to this subsection may not be brought after the original scheduled maturity date of the debt.
(G) 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.
(H) In a suit instituted by a borrower who alleges that the defendant violated this article, the presiding judge, in the judge's discretion, may allow reasonable attorney's fees to the attorney representing the prevailing party. The attorney's fees must be taxed as a part of the court costs and payable by the losing party, upon a finding by the presiding judge that:
(1) the party charged with the violation engaged wilfully in the act or practice, and there was unwarranted refusal by the party fully to resolve the matter that constitutes the basis of the suit; or
the party instituting the action knew, or should have known, that the action was frivolous and malicious.
(I) This article establishes specific consumer protections in consumer home loans in addition to other consumer protections that may be otherwise available by law.
(J) The Administrator of the Department of Consumer Affairs, the Attorney General, the Commissioner of Banking, the Director of the Consumer Finance Division or any party to a high-cost home loan may enforce the provisions of this article. The penalties and remedies provided in this article are in addition to and cumulative of penalties and remedies available pursuant to other provisions of law.
(K) Points and fees charged on consumer home loans and subject to this article are considered earned immediately and not subject to Section 37-3-201 and the rebate provisions of Sections 37-3-209 and 37-3-210. Provided, that this section does not limit the borrower's right to prepay under Section 37-3-209."/
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
The amendment was then adopted.
Reps. W. D. SMITH, KIRSH and J. H. NEAL proposed the following Amendment No. 5 (Doc Name COUNCIL\GJK\ 20476MM03):
Amend the bill, as and if amended, Section 37-23-40(1) as found in SECTION 1, pages 10 - 11, by deleting subsection (1) in its entirety and inserting:
/ (1) make a high-cost home loan without first receiving a written certification from a nonprofit counselor approved by the State Housing Finance and Development Authority or the Department of Housing and Urban Development that the borrower has received counseling, at no cost to him, on the advisability of the loan transaction and the appropriate loan for the borrower./
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. TRIPP spoke against the amendment.
The SPEAKER granted Rep. J. BROWN a temporary leave of absence.
Rep. TRIPP continued speaking.
Rep. J. E. SMITH spoke in favor of the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 5.
Rep. CATO moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 3924 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE OF INTERSTATE 26 AND S. C. HIGHWAY NUMBER 27 AT EXIT 187 THE "ELLIS MACDOUGALL INTERCHANGE" IN HONOR OF THE LATE ELLIS CAMPBELL MACDOUGALL FOR HIS DEDICATION AND MANY CONTRIBUTIONS TO THE BETTERMENT OF CRIMINAL JUSTICE AND THE ADVANCEMENT OF PRISON REFORM AND INSTALL APPROPRIATE MARKERS OR SIGNS ON THE INTERCHANGE SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER MR. MACDOUGALL'S MANY CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3925 (Word version) -- Reps. Witherspoon, Kirsh, Keegan, Miller, Battle, Walker, Altman, Barfield, Bingham, Chellis, Clemmons, Davenport, Delleney, Edge, Hagood, Herbkersman, Littlejohn, Mahaffey, McCraw, Merrill, Pinson, Richardson, Scarborough, Simrill, Sinclair, Skelton, Stille, Talley, Taylor, Toole, Trotter, Umphlett, Viers and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-360 SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO REDUCE THE ASSESSMENT RATIO APPLICABLE TO GENERAL AVIATION AIRCRAFT SUBJECT TO PROPERTY TAX IN THE COUNTY TO AN AMOUNT NOT LESS THAN FOUR PERCENT OF THE FAIR-MARKET VALUE OF THE AIRCRAFT.
Referred to Committee on Ways and Means
H. 3926 (Word version) -- Reps. Limehouse, Howard, Sandifer, Koon, Harrell, Scarborough, J. E. Smith, Govan, Townsend, J. M. Neal, Cato, Rhoad, E. H. Pitts, Altman, Battle, Bingham, Bowers, Breeland, Chellis, Clark, Clemmons, Dantzler, Edge, Emory, Freeman, Gourdine, Hamilton, Harrison, Haskins, Herbkersman, J. Hines, Jennings, Leach, Littlejohn, Mahaffey, McLeod, Merrill, Miller, Moody-Lawrence, Owens, Parks, M. A. Pitts, Rice, Richardson, Rivers, Rutherford, Simrill, Skelton, D. C. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Talley, Toole, Tripp, Umphlett, Vaughn, Walker, Whitmire and Wilkins: A BILL TO AMEND SECTION 59-149-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DURATION OF LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT A STUDENT RECEIVING A LIFE SCHOLARSHIP ON AND AFTER SEPTEMBER 11, 2001, WHO IS A MEMBER OF THE NATIONAL GUARD OR RESERVES AND WHO IS CALLED TO ACTIVE DUTY AFTER THIS DATE IN CONNECTION WITH THE CONFLICT IN IRAQ OR THE WAR ON TERRORISM SHALL HAVE ADDITIONAL SEMESTERS TO COMPLETE HIS ELIGIBILITY EQUAL TO THE SEMESTER HE WAS ACTIVATED PLUS ANY ADDITIONAL SEMESTERS OR PORTIONS OF SEMESTERS MISSED AS A RESULT OF THE ACTIVATION.
On motion of Rep. LIMEHOUSE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 5:
S. 438 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 23 TO TITLE 37, RELATING TO CONSUMER PROTECTION SO AS TO ENACT THE "SOUTH CAROLINA HIGH-COST AND CONSUMER HOME LOANS ACT", TO PROHIBIT A MUNICIPALITY OR COUNTY FROM REGULATING THE SUBJECT LOANS, TO DEFINE THE SUBJECT LOANS, TO PROHIBIT PROVISIONS IN A HIGH-COST HOME LOAN AGREEMENT FOR ACCELERATION, BALLOON PAYMENT, NEGATIVE AMORTIZATION, INTEREST INCREASE, ADVANCE PAYMENTS FROM LOAN PROCEEDS, AND ADDITIONAL FEES IN CERTAIN CIRCUMSTANCES, TO REQUIRE A HIGH-COST HOME LOAN LENDER TO ENSURE THAT THE BORROWER RECEIVES THE OPPORTUNITY FOR LOAN COUNSELING AND IS REASONABLY ABLE TO MEET HIS LOAN OBLIGATIONS, TO PROHIBIT THE FINANCING OF CERTAIN FEES IN CONNECTION WITH MAKING A HIGH-COST HOME LOAN AND THE CHARGING OF POINTS AND FEES IN CONNECTION WITH THE REFINANCING OF AN EXISTING HIGH-COST HOME LOAN, TO PROVIDE FOR CERTAIN DISCLOSURES TO THE BORROWER BEFORE THE LOAN IS MADE, TO REGULATE THE PAYMENT OF A HOME IMPROVEMENT CONTRACTOR FROM THE PROCEEDS OF A HIGH-COST HOME LOAN, TO PROVIDE THAT A VIOLATION OF THE HIGH-COST HOME LOAN PROHIBITIONS OR RESTRICTIONS IS AN UNFAIR TRADE PRACTICE PURSUANT TO CHAPTER 5 OF TITLE 39 AND TO REQUIRE ELECTION BY THE CLAIMANT, TO PROVIDE FOR ENFORCEMENT BY THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, ATTORNEY GENERAL, COMMISSIONER OF BANKING, OR A PARTY TO THE LOAN, TO PROVIDE FOR REMEDIES AND PENALTIES FOR VIOLATIONS OF THE HIGH-COST HOME LOAN RESTRICTIONS AND PROHIBITIONS INCLUDING ATTORNEY'S FEES, TO PROVIDE FOR ESTABLISHMENT OF GOOD FAITH BY A HIGH-COST HOME LOAN LENDER, TO PROVIDE CERTAIN RESTRICTIONS AND PROHIBITIONS IN THE MAKING OF A CONSUMER HOME LOAN, INCLUDING RESTRICTIONS ON THE CHARGING OF POINTS AND FEES AND THE PROHIBITION OF "FLIPPING" A LOAN, FINANCING CERTAIN INSURANCE PREMIUMS, AND ENCOURAGING DEFAULT OF A PREVIOUS LOAN, TO PROVIDE THAT A VIOLATION OF THE CONSUMER HOME LOAN RESTRICTIONS OR PROHIBITIONS IS AN UNFAIR TRADE PRACTICE AND TO REQUIRE ELECTION BY THE CLAIMANT, TO PROVIDE FOR PENALTIES AND REMEDIES INCLUDING ATTORNEY'S FEES; TO PROVIDE FOR REPAYMENT WITHOUT PENALTY OF CERTAIN LOANS; TO AMEND SECTION 37-10-103, RELATING TO PREPAYMENT WITHOUT PENALTY OF CERTAIN LOANS, SO AS TO INCREASE THE LOAN LIMIT FROM ONE HUNDRED THOUSAND DOLLARS TO ONE HUNDRED FIFTY THOUSAND DOLLARS; TO AMEND SECTION 37-1-109, RELATING TO THE CHANGE OF DOLLAR AMOUNTS IN THE CONSUMER PROTECTION CODE, SO AS TO ADD THAT LIMIT OF ONE HUNDRED FIFTY THOUSAND DOLLARS AS AN AMOUNT SUBJECT TO CHANGE ACCORDING TO CERTAIN INDICES; BY ADDING SECTIONS 37-2-309 AND 37-3-308 SO AS TO REQUIRE CERTAIN DISCLOSURES IN CONNECTION WITH THE CREDIT SALE OF A PURCHASER-OCCUPIED MANUFACTURED HOME OR A LOAN FOR THE PURCHASE, REFINANCING, OR CONSOLIDATION OF A LOAN SECURED BY A BORROWER-OCCUPIED MANUFACTURED HOME; TO AMEND SECTION 37-5-203, RELATING TO CIVIL PENALTIES FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO REFERENCE THE DISCLOSURES REQUIRED IN CONNECTION WITH A CREDIT SALE OF OR LOAN SECURED BY A MANUFACTURED HOME AND TO INCREASE THE PENALTY AMOUNT; TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO UNCONSCIONABILITY IN CONSUMER CREDIT TRANSACTIONS, SO AS TO PROVIDE THAT IF, CONSIDERING CERTAIN FACTORS, THE CONSUMER IS UNABLE TO MAKE SCHEDULED PAYMENTS ON THE OBLIGATION WHEN DUE OR IS PERMITTED TO ENTER INTO A TRANSACTION FROM WHICH HE DERIVES NO SUBSTANTIAL BENEFIT, THE COURT MAY FIND THE TRANSACTION UNCONSCIONABLE; AND TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO LOAN FINANCE CHARGES ON CONSUMER LOANS, SO AS TO PROVIDE THAT CERTAIN RESTRICTIONS APPLY TO A LOAN BY A SUPERVISED LENDER WITH SCHEDULED LOAN PAYMENTS OF FEWER THAN ONE HUNDRED TWENTY DAYS INCLUDING DISCLOSURE REQUIREMENTS, PROHIBITION ON PREPAYMENT PENALTIES, AND LIMITS ON RENEWALS.
Reps. W. D. SMITH, KIRSH and J. H. NEAL proposed the following Amendment No. 5 (Doc Name COUNCIL\GJK\ 20476MM03), which was tabled:
Amend the bill, as and if amended, Section 37-23-40(1) as found in SECTION 1, pages 10 - 11, by deleting subsection (1) in its entirety and inserting:
/ (1) make a high-cost home loan without first receiving a written certification from a nonprofit counselor approved by the State Housing Finance and Development Authority or the Department of Housing and Urban Development that the borrower has received counseling, at no cost to him, on the advisability of the loan transaction and the appropriate loan for the borrower./
Renumber sections to conform.
Amend title to conform.
Rep. OTT spoke in favor of the amendment.
Rep. RIVERS spoke in favor of the amendment.
Rep. EMORY spoke in favor of the amendment.
Rep. SCOTT spoke in favor of the amendment.
Rep. W. D. SMITH spoke in favor of the amendment.
Rep. CHELLIS spoke against the amendment.
Rep. CATO moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Bingham Cato Ceips Chellis Clark Clemmons Coleman Cooper Cotty Delleney Duncan Edge Frye Gilham Hagood Hamilton Harrell Harrison Herbkersman Hinson Huggins Keegan Koon Leach Limehouse Littlejohn Loftis Lucas McGee Merrill Owens Perry Pinson E. H. Pitts M. A. Pitts Quinn Rice Sandifer Scarborough Simrill Skelton D. C. Smith J. R. Smith Stewart Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Viers White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Allen Anthony Bales Battle Bowers Branham G. Brown R. Brown Clyburn Coates Cobb-Hunter Emory Freeman Gourdine Govan Haskins Hayes J. Hines M. Hines Hosey Howard Jennings Kirsh Lee Lloyd Lourie Mack Mahaffey Martin McCraw McLeod Miller J. H. Neal J. M. Neal Neilson Ott Parks Phillips Rhoad Richardson Rivers Rutherford Scott Sheheen Sinclair F. N. Smith G. M. Smith J. E. Smith W. D. Smith Snow Stille Talley Trotter Walker Weeks Whipper
So, the amendment was tabled.
Rep. OTT proposed the following Amendment No. 7 (Doc Name COUNCIL\PT\1504MM03), which was adopted:
Amend the bill, as and if amended, Section 37-21-40(1) as found in SECTION 1, page 10, by inserting after /a list of/ and before /counselors/ the words / at least ten /
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
The amendment was then adopted.
Rep. OTT proposed the following Amendment No. 8 (Doc Name COUNCIL\NBD\11530AC03), which was adopted:
Amend the bill, as and if amended, by deleting Section 37-23-40(1) on page 10 and inserting:
/(1) make a high-cost home loan without first recommending counseling and providing a list of counselors on the advisability of the loan transaction and the appropriate loan for the borrower from a counselor approved by the United States Department of Housing Development, South Carolina State Housing Finance and Development Authority, or the South Carolina Department of Consumer Affairs. No sooner than five business days after recommending counseling to a borrower, the lender must provide the borrower a written form which clearly states that the borrower has the option to seek counseling and states whether the borrower did or did not obtain counseling during the five business day period. Such form must be signed by the borrower./
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
The amendment was then adopted.
Rep. KOON proposed the following Amendment No. 9 (Doc Name COUNCIL\NBD\11531AC03), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Notwithstanding any other provision of law, banks, and other financial institutions may not send unsolicited credit cards to residents in South Carolina./
Renumber sections to conform.
Amend title to conform.
Rep. KOON explained the amendment.
Rep. CATO raised the Point of Order that Amendment No. 9 was out of order in that it was not germane to the Bill under Rule 5.3.
Rep. KOON argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. W.D. SMITH proposed the following Amendment No. 10 (Doc Name COUNCIL\PT\1500MM03), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Chapter 58, Title 40 of the 1976 Code is amended by adding:
"Section 40-58-78. (A) A loan agreement with a mortgage broker or originator must contain an explicit statement that:
(1) the mortgage broker or originator is acting as the agent of the borrower in providing brokerage services to the borrower;
(2) when acting as agent for the borrower, it owes to that borrower a fiduciary duty of utmost care, honesty, and loyalty in the transaction, including the duty of full disclosure of all material facts. If the mortgage broker or originator is authorized to act as an agent for any other person, the brokerage agreement must contain a statement of that fact and identification of that person;
(3) a detailed description of the services the mortgage broker or originator agrees to perform for the borrower, and a good faith estimate of any fees the mortgage broker or originator will receive for those services, whether paid by the borrower, the institutional lender, or both; and
(4) a clear and conspicuous statement of the conditions under which the borrower is obligated to pay for the services rendered under the agreement.
(B) If a mortgage broker or originator violates the provisions of subsection (A), the borrower may recover from the mortgage broker or originator charged with the violation:
(1) a penalty in an amount determined by the court of not less than one thousand five hundred dollars and not more than seven thousand five hundred dollars for each loan transaction;
(2) fees paid by the borrower to the mortgage broker or originator for services rendered by the agreement; and
(3) actual costs, including attorney's fees, for enforcing the borrower's rights under the agreement." /
Renumber sections to conform.
Amend title to conform.
Rep. W. D. SMITH explained the amendment.
The amendment was then adopted.
Rep. HOWARD proposed the following Amendment No. 12 (Doc Name COUNCIL\DKA\3417DW03), which was tabled:
Amend the bill, as and if amended, page 24, by inserting after line 16 appropriately numbered SECTIONS to read
/ SECTION __. Part 3, Chapter 2, Title 37 of the 1976 Code is amended by adding:
"Section 37-2-310. (A) As used in this section 'fine print' means a font or type of a size and face that is:
(1) smaller than that used in the body of the subject document; or
(2) too small to be read reasonably by a person who is targeted by or is a party to the document.
(B) It is unlawful to present the disclosures, information, and notices required by this chapter, and other commercial documents, in a format using fine print in whole or in part."
SECTION __. Part 3, Chapter 3, Title 37 of the 1976 Code is amended by adding:
"Section 37-3-310. (A) As used in this section 'fine print' means a font or type of a size and face that is:
(1) smaller than that used in the body of the subject document; or
(2) too small to be read reasonably by a person who is targeted by or is a party to the document.
(B) It is unlawful to present the disclosures, information, and notices required by this chapter, and other commercial documents, in a format using fine print in whole or in part."
SECTION __. Chapter 5, Title 39 of the 1976 Code is amended by adding:
"Section 39-5-180. (A) As used in this section 'fine print' means a font or type of a size and face that is:
(1) smaller than that used in the body of the subject document; or
(2) too small to be read reasonably by a person who is targeted by or is a party to the document.
(B) It is an unfair trade practice to use fine print in a commercial document including, but not limited to, a receipt, invoice, advertisement, or legal document." /
Renumber Sections to conform.
Amend title to conform.
Rep. HOWARD explained the amendment.
Rep. HOWARD spoke in favor of the amendment.
Rep. CATO moved to table the amendment, which was agreed to.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill.
Rep. CATO moved that the House recur to the Morning Hour, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill:
S. 438 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 23 TO TITLE 37, RELATING TO CONSUMER PROTECTION SO AS TO ENACT THE "SOUTH CAROLINA HIGH-COST AND CONSUMER HOME LOANS ACT", TO PROHIBIT A MUNICIPALITY OR COUNTY FROM REGULATING THE SUBJECT LOANS, TO DEFINE THE SUBJECT LOANS, TO PROHIBIT PROVISIONS IN A HIGH-COST HOME LOAN AGREEMENT FOR ACCELERATION, BALLOON PAYMENT, NEGATIVE AMORTIZATION, INTEREST INCREASE, ADVANCE PAYMENTS FROM LOAN PROCEEDS, AND ADDITIONAL FEES IN CERTAIN CIRCUMSTANCES, TO REQUIRE A HIGH-COST HOME LOAN LENDER TO ENSURE THAT THE BORROWER RECEIVES THE OPPORTUNITY FOR LOAN COUNSELING AND IS REASONABLY ABLE TO MEET HIS LOAN OBLIGATIONS, TO PROHIBIT THE FINANCING OF CERTAIN FEES IN CONNECTION WITH MAKING A HIGH-COST HOME LOAN AND THE CHARGING OF POINTS AND FEES IN CONNECTION WITH THE REFINANCING OF AN EXISTING HIGH-COST HOME LOAN, TO PROVIDE FOR CERTAIN DISCLOSURES TO THE BORROWER BEFORE THE LOAN IS MADE, TO REGULATE THE PAYMENT OF A HOME IMPROVEMENT CONTRACTOR FROM THE PROCEEDS OF A HIGH-COST HOME LOAN, TO PROVIDE THAT A VIOLATION OF THE HIGH-COST HOME LOAN PROHIBITIONS OR RESTRICTIONS IS AN UNFAIR TRADE PRACTICE PURSUANT TO CHAPTER 5 OF TITLE 39 AND TO REQUIRE ELECTION BY THE CLAIMANT, TO PROVIDE FOR ENFORCEMENT BY THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, ATTORNEY GENERAL, COMMISSIONER OF BANKING, OR A PARTY TO THE LOAN, TO PROVIDE FOR REMEDIES AND PENALTIES FOR VIOLATIONS OF THE HIGH-COST HOME LOAN RESTRICTIONS AND PROHIBITIONS INCLUDING ATTORNEY'S FEES, TO PROVIDE FOR ESTABLISHMENT OF GOOD FAITH BY A HIGH-COST HOME LOAN LENDER, TO PROVIDE CERTAIN RESTRICTIONS AND PROHIBITIONS IN THE MAKING OF A CONSUMER HOME LOAN, INCLUDING RESTRICTIONS ON THE CHARGING OF POINTS AND FEES AND THE PROHIBITION OF "FLIPPING" A LOAN, FINANCING CERTAIN INSURANCE PREMIUMS, AND ENCOURAGING DEFAULT OF A PREVIOUS LOAN, TO PROVIDE THAT A VIOLATION OF THE CONSUMER HOME LOAN RESTRICTIONS OR PROHIBITIONS IS AN UNFAIR TRADE PRACTICE AND TO REQUIRE ELECTION BY THE CLAIMANT, TO PROVIDE FOR PENALTIES AND REMEDIES INCLUDING ATTORNEY'S FEES; TO PROVIDE FOR REPAYMENT WITHOUT PENALTY OF CERTAIN LOANS; TO AMEND SECTION 37-10-103, RELATING TO PREPAYMENT WITHOUT PENALTY OF CERTAIN LOANS, SO AS TO INCREASE THE LOAN LIMIT FROM ONE HUNDRED THOUSAND DOLLARS TO ONE HUNDRED FIFTY THOUSAND DOLLARS; TO AMEND SECTION 37-1-109, RELATING TO THE CHANGE OF DOLLAR AMOUNTS IN THE CONSUMER PROTECTION CODE, SO AS TO ADD THAT LIMIT OF ONE HUNDRED FIFTY THOUSAND DOLLARS AS AN AMOUNT SUBJECT TO CHANGE ACCORDING TO CERTAIN INDICES; BY ADDING SECTIONS 37-2-309 AND 37-3-308 SO AS TO REQUIRE CERTAIN DISCLOSURES IN CONNECTION WITH THE CREDIT SALE OF A PURCHASER-OCCUPIED MANUFACTURED HOME OR A LOAN FOR THE PURCHASE, REFINANCING, OR CONSOLIDATION OF A LOAN SECURED BY A BORROWER-OCCUPIED MANUFACTURED HOME; TO AMEND SECTION 37-5-203, RELATING TO CIVIL PENALTIES FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO REFERENCE THE DISCLOSURES REQUIRED IN CONNECTION WITH A CREDIT SALE OF OR LOAN SECURED BY A MANUFACTURED HOME AND TO INCREASE THE PENALTY AMOUNT; TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO UNCONSCIONABILITY IN CONSUMER CREDIT TRANSACTIONS, SO AS TO PROVIDE THAT IF, CONSIDERING CERTAIN FACTORS, THE CONSUMER IS UNABLE TO MAKE SCHEDULED PAYMENTS ON THE OBLIGATION WHEN DUE OR IS PERMITTED TO ENTER INTO A TRANSACTION FROM WHICH HE DERIVES NO SUBSTANTIAL BENEFIT, THE COURT MAY FIND THE TRANSACTION UNCONSCIONABLE; AND TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO LOAN FINANCE CHARGES ON CONSUMER LOANS, SO AS TO PROVIDE THAT CERTAIN RESTRICTIONS APPLY TO A LOAN BY A SUPERVISED LENDER WITH SCHEDULED LOAN PAYMENTS OF FEWER THAN ONE HUNDRED TWENTY DAYS INCLUDING DISCLOSURE REQUIREMENTS, PROHIBITION ON PREPAYMENT PENALTIES, AND LIMITS ON RENEWALS.
The Bill, as amended, was read the second time and ordered to third reading.
I was not in the House Chamber when the vote on S. 438 was taken. If I had been in the Chamber, I would have voted Yes in support of S. 438.
Rep. George H. Bailey
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3902 (Word version) -- Reps. Witherspoon, Duncan, M. A. Pitts, Taylor and Umphlett: A BILL TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO REVISE THE DEFINITION OF "FEDERAL LAW ENFORCEMENT OFFICER" TO INCLUDE UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE LAW ENFORCEMENT OFFICERS AND SPECIAL AGENTS.
Rep. DUNCAN explained the Bill.
H. 3906 (Word version) -- Rep. Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-311 SO AS TO ALTER THE COUNTY LINES OF HORRY AND GEORGETOWN COUNTIES BY ANNEXING A CERTAIN PORTION OF GEORGETOWN TO HORRY COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS.
Rep. KEEGAN explained the Bill.
S. 408 (Word version) -- Senators Courson and Drummond: A JOINT RESOLUTION TO AMEND ACT 381 OF 2002, RELATING TO THE ARMED FORCES OF THE UNITED STATES VETERANS MONUMENT, TO INCLUDE THE STATE FLAG OF SOUTH CAROLINA AS ONE OF THE FLAGS TO BE FLOWN AT THE MONUMENT.
Rep. SCARBOROUGH asked unanimous consent to recall S. 448 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. BATTLE objected.
On motion of Rep. LUCAS, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Judiciary:
H. 3909 (Word version) -- Reps. Lucas and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 19, TITLE 56 SO AS TO PROVIDE A UNIFORM PROCEDURE TO RETIRE THE TITLE CERTIFICATE TO CERTAIN MANUFACTURED HOMES AFFIXED TO REAL PROPERTY AND TO PROVIDE FOR THE CREATION OF A PROCEDURE BY WHICH A MANUFACTURED HOME AFFIXED TO REAL PROPERTY MAY BE SUBJECT TO A MORTGAGE ON THE REAL PROPERTY TO WHICH THE MANUFACTURED HOME IS AFFIXED.
Rep. SCOTT asked unanimous consent to recall S. 288 (Word version) from the Committee on Judiciary.
Rep. G. M. SMITH objected.
The following Concurrent Resolution was taken up:
S. 502 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION MOVE A PORTION OF THE PROJECTED "CAROLINA BAYS PARKWAY" IN HORRY COUNTY BETWEEN HIGHWAY 544 AND HIGHWAY 501 THREE HUNDRED YARDS TO THE NORTHWEST TOWARD CONWAY TO AVOID THE HUNTERS RIDGE COMMUNITY.
Rep. LEACH moved to recommit the Concurrent Resolution to the Committee on Invitations and Memorial Resolutions, which was agreed to.
The following Concurrent Resolution was taken up:
H. 3908 (Word version) -- Reps. Barfield, Cato, Clemmons, Keegan, Viers, Wilkins and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE REPUBLIC OF CHINA (TAIWAN) FOR ITS CONTRIBUTIONS TO PROMOTE WORLD PEACE, FREEDOM, AND HUMAN RIGHTS, AND FOR SUPPORTING ITS EFFORTS TOWARDS THE PEACE AND STABILITY OF THE ASIAN PACIFIC REGION.
Whereas, the Republic of China and the United States of America are friends and allies of long standing, both of which dearly cherish and commonly share values and ideals of freedom, democracy, and human rights; and
Whereas, the Republic of China has distinguished itself in the areas of education, economy, and democratization, being the world's nineteenth largest economy, the United States' eighth largest trading partner, as well as the fifth largest market for the United States' agricultural products; and
Whereas, the State of South Carolina and Taiwan have enjoyed long and mutually beneficial sister-state relations since 1981 with the prospect of further enhancing the association; and
Whereas, the twenty-three million inhabitants of Taiwan are hard-working and caring people who have been compassionately assisting needy people of many countries in humanitarian relief, medical assistance, and technical cooperation in a wide variety of aspects; and
Whereas, people in Taiwan are peace-loving and entitled to the basic right of living free from fear; and
Whereas, the Taiwan Straits is an indispensable water passage serving as an economic lifeline between the East Asian and the Southeast Asian countries in particular, and its peace and stability is vital to that of the Asia Pacific region; and
Whereas, the threat of the use of force against the Republic of China in any form, including the deployment of missiles aimed at Taiwan along the coastline of the strait, is apparently menacing to the peace and stability of our region and should not be tolerated. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, recognize and commend the Republic of China (Taiwan) for its contributions to promote world peace, freedom, and human rights, and for supporting its efforts towards the peace and stability of the Asian Pacific region.
Be it further resolved that a copy of this resolution be forwarded to Maggie Tien, Director of the Taipei Economic and Cultural Office in Atlanta.
Rep. BARFIELD explained the Resolution.
The Concurrent Resolution was adopted and sent to the Senate.
Rep. MERRILL moved to reconsider the vote whereby the following Concurrent Resolution was adopted:
H. 3908 (Word version) -- Reps. Barfield, Cato, Clemmons, Keegan, Viers, Wilkins and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE REPUBLIC OF CHINA (TAIWAN) FOR ITS CONTRIBUTIONS TO PROMOTE WORLD PEACE, FREEDOM, AND HUMAN RIGHTS, AND FOR SUPPORTING ITS EFFORTS TOWARDS THE PEACE AND STABILITY OF THE ASIAN PACIFIC REGION.
Rep. PERRY moved to table the motion to reconsider, which was not agreed to.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. BARFIELD moved to adjourn debate on the Resolution until Thursday, April 3, which was agreed to.
The motion period was dispensed with on motion of Rep. TROTTER.
The following Bill was taken up:
H. 3616 (Word version) -- Reps. Cato, Wilkins, Chellis, Clark, Edge, Clemmons, Bailey and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 23 TO TITLE 37 RELATING TO CONSUMER PROTECTION SO AS TO ENACT THE SOUTH CAROLINA HIGH-COST AND CONSUMER HOME LOANS ACT; TO DEFINE THE SUBJECT LOANS; TO PROHIBIT PROVISIONS IN A HIGH-COST HOME LOAN AGREEMENT FOR ACCELERATION, BALLOON PAYMENT, NEGATIVE AMORTIZATION, INTEREST INCREASE, ADVANCE PAYMENTS FROM LOAN PROCEEDS, AND ADDITIONAL FEES IN CERTAIN CIRCUMSTANCES; TO PROVIDE FOR APPLICATION OF SOUTH CAROLINA LAW TO HIGH-COST HOME LOAN AGREEMENTS; TO REQUIRE A HIGH-COST HOME LOAN LENDER TO PROVIDE ADDITIONAL DISCLOSURES TO THE BORROWER AND TO ENSURE THAT THE BORROWER IS REASONABLY ABLE TO MEET HIS LOAN OBLIGATIONS; TO PROHIBIT THE FINANCING OF CERTAIN FEES IN CONNECTION WITH MAKING A HIGH-COST HOME LOAN AND THE CHARGING OF POINTS AND FEES IN CONNECTION WITH THE REFINANCING OF AN EXISTING HIGH-COST HOME LOAN; TO REGULATE THE PAYMENT OF A HOME IMPROVEMENT CONTRACTOR FROM THE PROCEEDS OF A HIGH-COST HOME LOAN; TO PROVIDE THAT A BAD-FAITH VIOLATION OF THE HIGH-COST HOME LOAN PROHIBITIONS OR RESTRICTIONS IS AN UNFAIR OR DECEPTIVE TRADE PRACTICE SUBJECT TO CHAPTER 5 OF TITLE 39; TO PROVIDE FOR ENFORCEMENT BY THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, ATTORNEY GENERAL, COMMISSIONER OF BANKING, DIRECTOR OF THE CONSUMER FINANCE DIVISION OF THE STATE BOARD OF FINANCIAL INSTITUTIONS, OR A PARTY TO THE LOAN; TO PROVIDE FOR ESTABLISHMENT OF GOOD FAITH BY A HIGH-COST HOME LOAN LENDER; TO PROVIDE CERTAIN RESTRICTIONS AND PROHIBITIONS IN THE MAKING OF A CONSUMER HOME LOAN, INCLUDING THE PROHIBITION OF "FLIPPING" A LOAN AND ENCOURAGING DEFAULT OF A PREVIOUS LOAN; TO PROVIDE THAT A VIOLATION OF THE CONSUMER HOME LOAN RESTRICTIONS OR PROHIBITIONS IS AN UNFAIR OR DECEPTIVE TRADE PRACTICE; TO PROVIDE FOR ENFORCEMENT BY THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, ATTORNEY GENERAL, COMMISSIONER OF BANKING, DIRECTOR OF THE CONSUMER FINANCE DIVISION OF THE STATE BOARD OF FINANCIAL INSTITUTIONS, OR A PARTY TO THE CONSUMER HOME LOAN; TO PROVIDE FOR PENALTIES AND REMEDIES, INCLUDING ATTORNEY'S FEES; TO AMEND SECTION 37-10-103, RELATING TO PREPAYMENT OF MISCELLANEOUS LOANS, SO AS TO PROVIDE FOR PREPAYMENT WITHOUT PENALTY OF A CONSUMER HOME LOAN OF LESS THAN ONE HUNDRED FIFTY THOUSAND DOLLARS; AND TO AMEND SECTION 37-1-109, AS AMENDED, RELATING TO CHANGING DOLLAR AMOUNTS USED IN THE CONSUMER PROTECTION CODE, SO AS TO REFLECT THE DOLLAR AMOUNT FOR PREPAYMENT OF A CONSUMER HOME LOAN WITHOUT PENALTY.
Rep. CATO moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.
Rep. TOWNSEND moved that the House recede until 2:00 p.m., which was agreed to.
At 2:00 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. HARVIN a leave of absence for the remainder of the day due to a doctor's appointment in Charleston.
The following Bill was taken up:
H. 3555 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-31 AND 5-7-31 SO AS TO PROVIDE THAT COUNTIES AND MUNICIPALITIES MAY NOT ENACT ANY ORDINANCE THAT SUPERSEDES OR IMPOSES A MORE STRINGENT STANDARD THAN THE STANDARDS ESTABLISHED BY ACT 460 OF 1996.
Rep. JENNINGS proposed the following Amendment No. 13 (Doc Name COUNCIL\DKA\3404DW03), which was tabled:
Amend the bill, as and if amended, Section 4-9-31, SECTION 1, page 1, by inserting after / ordinance / on line 28 /, except by a vote of three-fourths of the governing body, /.
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. WITHERSPOON spoke against the amendment.
Rep. WITHERSPOON moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Barfield Battle Bingham Cato Clark Clemmons Coates Coleman Delleney Duncan Edge Frye Harrell Harrison Hayes Koon Leach Lee Littlejohn Loftis Mahaffey Martin McCraw Ott Owens Perry Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Sandifer Sheheen Sinclair Skelton D. C. Smith F. N. Smith J. R. Smith Snow Stewart Stille Talley Taylor Toole Townsend Tripp Trotter Umphlett Vaughn Walker White Wilkins Witherspoon
Those who voted in the negative are:
Anthony Bales G. Brown R. Brown Clyburn Emory Freeman Gourdine Hagood J. Hines M. Hines Hosey Jennings Keegan Kennedy Kirsh Lourie Lucas Mack McGee Miller Moody-Lawrence J. M. Neal Neilson Richardson Simrill G. M. Smith J. E. Smith Thompson
So, the amendment was tabled.
Rep. JENNINGS proposed the following Amendment No. 14 (Doc Name COUNCIL\DKA\3403DW03), which was tabled:
Amend the bill, as and if amended, Section 4-9-31, SECTION 1, page 1, by inserting after / ordinance / on line 28 /, except by a vote of two-thirds of the governing body, /.
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. WITHERSPOON spoke against the amendment.
Rep. COTTY spoke in favor of the amendment.
Rep. COTTY moved to commit the Bill to the Committee on Judiciary.
Rep. WITHERSPOON moved to table the motion.
Rep. COTTY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Barfield Battle Bingham Bowers G. Brown Cato Chellis Clark Clemmons Coates Coleman Delleney Duncan Frye Hamilton Harrell Harrison Hayes Koon Leach Lee Littlejohn Loftis Mahaffey Martin McCraw Ott Owens Perry Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Sandifer Sheheen Sinclair Skelton J. R. Smith Snow Stewart Stille Talley Taylor Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
Anthony Bales Branham R. Brown Ceips Clyburn Cobb-Hunter Cotty Emory Freeman Gourdine Hagood Herbkersman J. Hines M. Hines Hinson Hosey Huggins Jennings Keegan Kirsh Lloyd Lourie Lucas Mack McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Parks Richardson Rivers Simrill G. M. Smith J. E. Smith Thompson Weeks Whipper Young
So, the motion to commit the Bill was tabled.
Rep. WITHERSPOON moved to table the amendment, which was agreed to.
Rep. JENNINGS proposed the following Amendment No. 15 (Doc Name COUNCIL\DKA\3992DW03), which was tabled:
Amend the report of the Committee on Agriculture, Natural Resources and Environmental Affairs, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Notwithstanding another provision of law, the prohibitions contained in Sections 4-9-31 and 5-7-31 of the 1976 Code do not apply if the standards established by state statute or regulation are less stringent than the industry standards as recommended by the American Society of Agricultural Engineers. /
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. WITHERSPOON moved to table the amendment, which was agreed to.
Rep. JENNINGS proposed the following Amendment No. 16 (Doc Name COUNCIL\BBM\9694DJC03), which was ruled out of order:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Article 1, Chapter 9, Title 4 of the 1976 Code is amended by adding:
"Section 4-9-31. Notwithstanding another provision of law, when exercising the enumerated powers granted by this chapter or another law, a county may not enact an ordinance that supersedes or imposes a more stringent standard than standards established by the General Assembly relating to the production of livestock or poultry, as defined in Section 47-4-20 of the 1976 Code. This section does not apply to ordinances enacted by a county relating to a large swine facility as defined in Regulation 61-43 Part 50(OO)." /
Amend the bill further, by striking SECTION 2 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. WITHERSPOON raised the Point of Order that Amendment No. 16 was out of order in that it was identical to a previously tabled amendment.
ACTING SPEAKER CATO sustained the Point of Order and ruled the amendment out of order.
Reps. COLEMAN, J. E. SMITH, and SHEHEEN proposed the following Amendment No. 17 (Doc Name COUNCIL\GJK\ 20449SD03), which was adopted:
Amend the bill, as and if amended, in Section 4-9-31 of the 1976 Code, as contained in SECTION 1, by adding the following new paragraph at the end of the section to read:
/ The provisions of this section do not apply to zoning ordinances enacted by a county. /
Renumber sections to conform.
Amend title to conform.
Rep. SHEHEEN explained the amendment.
Rep. WITHERSPOON spoke in favor of the amendment.
The amendment was then adopted.
Reps. JENNINGS and MILLER proposed the following Amendment No. 21 (Doc Name COUNCIL\SWB\5336MM03), which was tabled:
Amend the report of the Committee on Agriculture, Natural Resources and Environmental Affairs, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Notwithstanding another provision of law, the prohibitions contained in Sections 4-9-31 and 5-7-31 of the 1976 Code do not apply to Horry, Georgetown, Charleston, Colleton, and Beaufort counties and municipalities located in those counties. /
Renumber sections to conform.
Amend title to conform.
Rep. WITHERSPOON raised the Point of Order that Amendment No. 21 was out of order in that it was identical to a previously tabled amendment.
Rep. JENNINGS argued contra.
ACTING SPEAKER CATO stated that although the effect of the amendment was similar to the previously tabled amendment it was not identical to it. He therefore overruled the Point of Order.
Rep. MILLER explained the amendment.
Rep. WITHERSPOON moved to table the amendment.
Rep. MILLER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Bingham Bowers G. Brown Cato Chellis Clark Coates Delleney Duncan Edge Frye Hamilton Harrell Harrison Hayes Koon Leach Lee Littlejohn Loftis Mahaffey Martin Ott Owens Perry E. H. Pitts M. A. Pitts Quinn Rhoad Rice Sandifer Sheheen Sinclair Skelton G. M. Smith J. R. Smith Snow Stewart Stille Taylor Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
Anthony Bales Branham R. Brown Ceips Clyburn Cobb-Hunter Cotty Freeman Gourdine Govan Hagood Herbkersman J. Hines M. Hines Hosey Jennings Keegan Kennedy Kirsh Lloyd Lourie Lucas Mack McGee McLeod Miller Moody-Lawrence J. H. Neal Neilson Parks Richardson Rivers Scott Simrill J. E. Smith Thompson Weeks Whipper Young
So, the amendment was tabled.
Rep. JENNINGS proposed the following Amendment No. 23 (Doc Name COUNCIL\DKA\3409DW03), which was tabled:
Amend the bill, as and if amended, Section 4-9-31, SECTION 1, page 1, line 32, by inserting at the end: / The provisions of this section only apply if there exists a functioning sewerage system which must be used for waste treatment on the site on which is located the facility for the production of livestock or poultry. /
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. WITHERSPOON moved to table the amendment.
Rep. JENNINGS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Barfield Battle Bingham Bowers Cato Chellis Clark Clemmons Coates Coleman Delleney Duncan Edge Frye Hamilton Harrell Harrison Hayes Koon Leach Lee Littlejohn Loftis Mahaffey Martin McCraw Ott Owens Perry Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Rutherford Sandifer Sinclair Skelton J. R. Smith Snow Stewart Stille Taylor Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
Bales Branham G. Brown R. Brown Ceips Clyburn Cobb-Hunter Cotty Emory Freeman Gourdine Hagood Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Jennings Keegan Kirsh Limehouse Lloyd Lourie Lucas Mack McGee McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Parks Richardson Rivers Scott Simrill G. M. Smith J. E. Smith Talley Thompson Weeks Whipper Young
So, the amendment was tabled.
Rep. JENNINGS proposed the following Amendment No. 25 (Doc Name COUNCIL\GJK\20465SD03), which was rejected:
Amend the bill, as and if amended, in Section 4-9-31 of the 1976 Code, as contained in SECTION 1, by adding a new paragraph at the end of the section to read:
/ However, the prohibitions contained in this section do not apply to nor do they restrict the authority of local governments to develop and enforce land use, zoning, and comprehensive planning ordinances related to swine facilities with a capacity for greater than five hundred thousand pounds of normal production animal live weight at any one time. /
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. WITHERSPOON moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Battle Bingham Bowers Cato Ceips Chellis Clark Clemmons Coates Delleney Duncan Edge Frye Gilham Hamilton Harrell Harrison Koon Leach Loftis Mahaffey McCraw Ott Owens Perry Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Sandifer Skelton J. R. Smith Snow Stewart Stille Taylor Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
Bailey Bales Branham G. Brown J. Brown R. Brown Clyburn Coleman Cotty Emory Freeman Gourdine Govan Hagood Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Jennings Keegan Kennedy Kirsh Limehouse Lloyd Lourie Lucas Mack McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Parks Richardson Rivers Rutherford Scarborough Scott Sheheen Simrill G. M. Smith J. E. Smith Talley Thompson Weeks Whipper Young
So, the House refused to table the amendment.
Rep. WITHERSPOON spoke against the amendment.
Rep. WITHERSPOON continued speaking.
Rep. COATES spoke against the amendment.
Rep. DUNCAN spoke against the amendment.
Rep. LUCAS spoke in favor of the amendment.
Rep. NEILSON spoke in favor of the amendment.
Rep. JENNINGS spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. WITHERSPOON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bales Branham G. Brown R. Brown Clyburn Cobb-Hunter Cotty Emory Freeman Gourdine Govan Hagood J. Hines M. Hines Hinson Hosey Howard Huggins Jennings Keegan Kennedy Kirsh Lloyd Lourie Lucas Mack McGee McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Parks Richardson Rivers Rutherford Sheheen Simrill D. C. Smith G. M. Smith J. E. Smith Talley Thompson Weeks Whipper Young
Those who voted in the negative are:
Altman Bailey Barfield Battle Bingham Cato Chellis Clark Clemmons Coates Coleman Duncan Edge Frye Hamilton Harrell Harrison Hayes Koon Leach Littlejohn Loftis Mahaffey Martin McCraw Ott Owens Perry Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Sandifer Sinclair Skelton J. R. Smith Snow Stewart Stille Taylor Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon
So, the amendment was rejected.
Rep. SANDIFER moved cloture on the entire matter.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Bales Barfield Battle Bingham Cato Ceips Chellis Clark Clemmons Coates Delleney Duncan Edge Frye Gilham Hamilton Harrell Harrison Herbkersman Hinson Huggins Keegan Koon Leach Lee Littlejohn Loftis Mahaffey Martin McCraw McGee Merrill Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Sandifer Scarborough Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Bowers Branham G. Brown J. Brown R. Brown Clyburn Cotty Emory Freeman Gourdine Govan Hagood J. Hines M. Hines Hosey Jennings Kennedy Kirsh Lloyd Lourie Lucas Mack McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Rice Richardson Rivers Rutherford Sheheen Simrill J. E. Smith Tripp Weeks Whipper
So, cloture was ordered.
Rep. MILLER proposed the following Amendment No. 29 (Doc Name COUNCIL\DKA\3410DW03), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Article 1, Chapter 9, Title 4 of the 1976 Code is amended by adding:
"Section 4-9-43. (A) Except as provided by subsection (B), the governing body of a county may sell and convey land or an interest in land that the county owns, holds, or claims as a public square, park, or site for another county building or that is an abandoned part of a street or alley. A sale pursuant to the provisions of this section may include the improvements on the property.
(B) Land owned, held, or claimed as a public square or park may not be sold unless the issue of the sale is submitted to the qualified voters of the county at an election and is approved by a majority of the votes received at the election.
(C) To effect the sale, the governing body of a county shall adopt an ordinance directing the chairman, county administrator, or manager to execute the conveyance.
(D) The proceeds of the sale may be used only to acquire and improve property for the purposes for which the sold property was used. Failure to so use the proceeds, however, does not impair the title to the sold property acquired by a purchaser for a valuable consideration.
(E) Subsection (B) does not apply to a conveyance of park land that is:
(1) one acre or less;
(2) sold or is conveyed as a sale to the owner of adjoining property; and
(3) conveyed pursuant to an ordinance that:
(a) is adopted pursuant to the provisions of this section;
(b) requires the sale to be with an owner of adjoining property for fair market value as determined by an independent appraisal obtained by the county; and
(c) has an effective date before December 31, 2003.
(F) The election requirements of subsection (B) do not apply to a conveyance of a park if:
(1) it is a park of two acres or less;
(2) the park is no longer usable and functional as a park;
(3) the proceeds of the sale are to be used to used to acquire land for park purposes;
(4) a public hearing on the proposed conveyance is held by the governing body of the county and that body finds that the property is no longer usable and functional as a park; and
(5) the park is conveyed pursuant to an ordinance adopted by the governing body of the county, unless within sixty days from the date of the public hearing the governing body of the county is presented with a petition opposing the conveyance which contains the name, address, and date of signature of no less than five percent of the registered electors residing within the county. At that time, the governing body of the county either shall deny the conveyance or approve the conveyance subject to the election required in subsection (B)."
Renumber sections to conform.
Amend title to conform.
Rep. WITHERSPOON raised the Point of Order that Amendment No. 29 was out of order in that it was not germane to the Bill.
Rep. JENNINGS argued contra.
SPEAKER WILKINS stated that the amendment did not meet the substantial effect requirements of Rule 9.3. He therefore sustained the Point of Order and ruled the amendment out of order.
Rep. MILLER proposed the following Amendment No. 30 (Doc Name COUNCIL\DKA\3411DW03), which was ruled out of order:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 9, Title 4 of the 1976 Code is amended by adding:
"Section 4-9-31. Notwithstanding another provision of law, when exercising the enumerated powers granted by this chapter or another provision of law, a county beginning January 1, 2003, may not enact an ordinance that supersedes or imposes a more stringent standard than standards established by the General Assembly relating to the production of livestock or poultry, as defined in Section 47-4-20. Any such ordinance enacted on or after January 1, 2003, in violation of this section is null and void."
SECTION 2. Article 1, Chapter 9, Title 4 of the 1976 Code is amended by adding:
"Section 4-9-43. (A) Except as provided by subsection (B), the governing body of a county may sell and convey land or an interest in land that the county owns, holds, or claims as a public square, park, or site for another county building or that is an abandoned part of a street or alley. A sale pursuant to the provisions of this section may include the improvements on the property.
(B) Land owned, held, or claimed as a public square or park may not be sold unless the issue of the sale is submitted to the qualified voters of the county at an election and is approved by a majority of the votes received at the election.
(C) To effect the sale, the governing body of a county shall adopt an ordinance directing the chairman, county administrator, or manager to execute the conveyance.
(D) The proceeds of the sale may be used only to acquire and improve property for the purposes for which the sold property was used. Failure to so use the proceeds, however, does not impair the title to the sold property acquired by a purchaser for a valuable consideration.
(E) Subsection (B) does not apply to a conveyance of park land that is:
(1) one acre or less;
(2) sold or is conveyed as a sale to the owner of adjoining property; and
(3) conveyed pursuant to an ordinance that:
(a) is adopted pursuant to the provisions of this section;
(b) requires the sale to be with an owner of adjoining property for fair market value as determined by an independent appraisal obtained by the county; and
(c) has an effective date before December 31, 2003.
(F) The election requirements of subsection (B) do not apply to a conveyance of a park if:
(1) it is a park of two acres or less;
(2) the park is no longer usable and functional as a park;
(3) the proceeds of the sale are to be used to used to acquire land for park purposes;
(4) a public hearing on the proposed conveyance is held by the governing body of the county and that body finds that the property is no longer usable and functional as a park; and
(5) the park is conveyed pursuant to an ordinance adopted by the governing body of the county, unless within sixty days from the date of the public hearing the governing body of the county is presented with a petition opposing the conveyance which contains the name, address, and date of signature of no less than five percent of the registered electors residing within the county. At that time, the governing body of the county either shall deny the conveyance or approve the conveyance subject to the election required in subsection (B)."
SECTION 3. (A) Notwithstanding another provision of law, the provisions contained in this section allow an ordinance in existence on January 1, 2003, to be amended without affecting the validity of the ordinance.
(B) If an ordinance authorized hereunder is found to be unconstitutional, a county is not prohibited from adopting another ordinance with more stringent standards than the standards established by Act 460 of 1996, amendments to that act, or regulations promulgated pursuant to that act."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. WITHERSPOON raised the Point of Order that Amendment No. 30 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. McLEOD proposed the following Amendment No. 31 (Doc Name COUNCIL\GJK\20479SD03), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Notwithstanding any other provision of law, the prohibitions contained in Section 4-9-31 of the 1976 Code do not apply to the central midlands region consisting of the counties of Fairfield, Lexington, Newberry, and Richland. /
Renumber sections to conform.
Amend title to conform.
Rep. MCLEOD explained the amendment.
Rep. WITHERSPOON moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Bailey Barfield Battle Bingham Bowers Cato Ceips Chellis Clark Clemmons Coates Duncan Edge Freeman Frye Gilham Hamilton Harrell Harrison Herbkersman Hinson Huggins Keegan Koon Leach Lee Littlejohn Loftis Lucas Mahaffey Martin McCraw Merrill Ott Owens Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Skelton G. M. Smith J. R. Smith Snow Stewart Stille Talley Taylor Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
Bales Branham J. Brown R. Brown Clyburn Cobb-Hunter Cotty Delleney Emory Gourdine Govan J. Hines M. Hines Hosey Howard Jennings Kennedy Limehouse Lloyd Lourie Mack McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Parks Richardson Rivers Rutherford Scott Simrill F. N. Smith J. E. Smith Thompson Weeks Whipper
So, the amendment was tabled.
Rep. J. H. NEAL spoke against the Bill.
Rep. J. H. NEAL continued speaking.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Barfield Battle Bingham Bowers Branham G. Brown Cato Chellis Clark Clemmons Coates Cobb-Hunter Coleman Delleney Duncan Edge Frye Govan Hamilton Harrell Harrison Hayes Koon Leach Lee Littlejohn Loftis Mahaffey Martin McCraw Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Sandifer Sheheen Sinclair Skelton G. M. Smith J. R. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
J. Brown R. Brown Ceips Cotty Emory Freeman Gilham Gourdine Hagood Herbkersman J. Hines M. Hines Hinson Hosey Howard Jennings Keegan Kennedy Kirsh Limehouse Lloyd Lourie Lucas Mack McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Richardson Rivers Rutherford Scarborough Scott Simrill D. C. Smith J. E. Smith Weeks Whipper Young
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. FRYE moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., April 2, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Setzler, O'Dell and Branton of the Committee of Conference on the part of the Senate on S. 341:
S. 341 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE STATE BUDGET AND CONTROL BOARD AND THE BOARD'S OFFICERS AND EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS SUCH MEMBERS, OFFICERS, OR EMPLOYEES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FROM A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION OF THEIR PERSON AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE BOARD IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AND TO PROVIDE A SIMILAR DEFENSE AND INDEMNIFICATION UNDER SIMILAR CIRCUMSTANCES FOR THE MEMBERS OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., April 3, 2003
Mr. Speaker and Members of the House of Representatives:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Beaufort County Master-in-Equity
Term Commencing: February 28, 2003
Term Expiring: June 6, 2003
Seat: Master-in-Equity
Vice: Thomas Kemmerlin
Initial Appointment
Mr. Curtis L. Coltrane
10 Walter Thrush Place
Hilton Head, South Carolina 29926
Very respectfully,
President of the Senate
Received as information.
The following was received:
Columbia, S.C., April 3, 2003
Mr. Speaker and Members of the House of Representatives:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Calhoun County Master-in-Equity
Term Commencing: August 14, 1997
Term Expiring: August 14, 2003
Seat: Master-in-Equity
Initial Appointment
The Honorable Thomas P. Culclasure
Post Office Box 183
St. Matthews, South Carolina 29135
803-874-4303
Very respectfully,
President of the Senate
Received as information.
The following was received:
Columbia, S.C., April 3, 2003
Mr. Speaker and Members of the House of Representatives:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Horry County Master-in-Equity
Term Commencing: July 31, 1997
Term Expiring: July 31, 2003
Seat: Master-in-Equity
Vice:
Initial Appointment
The Honorable James Stanton Cross, Jr.
Post Office Box 1236
Conway, South Carolina 29528
803-248-1287, Fax 803-248-1812
Very respectfully,
President of the Senate
Received as information.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3409 (Word version) -- Reps. Clemmons, Altman, Bailey, Chellis, Clark, Edge, Keegan, Lloyd, Mahaffey, M. A. Pitts and Viers: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY GOVERNMENTS, SO AS TO AUTHORIZE A COUNTY BY ORDINANCE TO REGULATE OR PROHIBIT THE DISCHARGE OF OTHERWISE LAWFUL FIREWORKS IN PARTS OF THE COUNTY WHERE BECAUSE OF POPULATION DENSITY OR CONTIGUITY TO MUNICIPALITIES, THE PUBLIC SAFETY REQUIRES THIS REGULATION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3460 (Word version) -- Reps. Jennings, Lucas, F. N. Smith, Bales and Hayes: A BILL TO AMEND SECTION 14-7-860, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THAT A PERSON WHO IS THE PRIMARY CARETAKER OF A PERSON SIXTY-FIVE YEARS OF AGE OR OVER OR OF A SEVERELY DISABLED PERSON WHO CANNOT OTHERWISE CARE FOR HIMSELF OR BE LEFT UNATTENDED MAY BE EXCUSED FROM JURY DUTY BY THE PRESIDING JUDGE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3684 (Word version) -- Rep. Lucas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4495 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR PERSONS TO DISPLAY ON THEIR PERSONALLY OWNED VEHICLES CERTAIN COLORED LIGHTS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A PENALTY FOR PERSONS WHO VIOLATE A PROVISION CONTAINED IN THIS SECTION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3507 (Word version) -- Reps. McGee, Coates, Harrison, Sinclair and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-35-75 SO AS TO PROVIDE FOR THE RIGHT OF ACCESS BY A LESSOR TO REAL ESTATE, FIXTURES, AND EQUIPMENT THAT ARE SUBJECT TO A COMMERCIAL LEASE AGREEMENT FOR THE PURPOSE OF REASONABLE PROTECTION OF THE LEASED PROPERTY UPON TWENTY-FOUR HOURS NOTICE TO THE LESSEE, TO PROVIDE FOR EMERGENCY CIRCUMSTANCES, AND TO PROVIDE THAT THE LESSEE MAY NOT UNREASONABLY WITHHOLD CONSENT TO ACCESS.
Ordered for consideration tomorrow.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3927 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO DESIGNATION OF PLANT PESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2790, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3928 (Word version) -- Reps. Whitmire, M. A. Pitts, Taylor and Trotter: 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 46 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE "LAW ENFORCEMENT SUPPORTER" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FROM THE ISSUANCE OF THESE SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works
H. 3929 (Word version) -- Reps. Wilkins and Harrell: A BILL TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX, TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY", TO AMEND SECTIONS 11-41-20, 11-41-30, AND 11-41-70, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, AND NOTICE REQUIREMENTS TO ALLOW SUCH BONDS TO BE USED FOR INFRASTRUCTURE FOR A LIFE SCIENCES FACILITY IN A PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH AN ANNUAL CASH COMPENSATION AT LEAST TWICE PER CAPITA INCOME IN THE STATE AND PROVIDE THAT WHILE INFRASTRUCTURE PROVIDED BY THESE BONDS MUST RELATE SPECIFICALLY TO THE PROJECT SUCH INFRASTRUCTURE IS NOT REQUIRED TO BE LOCATED AT THE PROJECT, AND TO AMEND SECTION 11-41-120, RELATING TO FORMALITIES IN THE ISSUING OF THESE BONDS, SO AS TO REVISE THESE REQUIREMENTS.
Referred to Committee on Ways and Means
H. 3930 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL PROTECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2800, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3931 (Word version) -- Reps. Snow and Kennedy: A BILL TO AMEND SECTION 50-11-2460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAPS, SO AS TO PROVIDE THAT CERTAIN BODY GRIPPING TRAPS MAY BE USED WITHOUT BAIT OR SCENTS FOR VERTICAL WATER SETS AND VERTICAL SLIDE SETS ONLY, TO REPEAL SECTIONS 50-11-2410, PROHIBITING THE USE OF CERTAIN TRAPS AND 50-11-2415, RELATING TO THE USE OF CERTAIN RUBBER PADDED STEEL FOOT-HOLD TRAPS TO CAPTURE FOX.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3932 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-111-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION FOR CHILDREN OF FIREMEN, LAW ENFORCEMENT OFFICERS, AND GOVERNMENT EMPLOYEES DISABLED OR KILLED IN THE LINE OF DUTY, SO AS TO INCLUDE SPOUSES IN THE PERSONS ELIGIBLE FOR THE TUITION EXEMPTION AND TO INCLUDE SUMMER SEMESTERS IN THE FOUR YEARS THE PERSONS MAY RECEIVE THE TUITION EXEMPTION; TO AMEND SECTION 59-111-160, RELATING TO THE DEFINITION OF "TOTAL DISABILITY", SO AS TO INCLUDE SPOUSES IN THE APPLICATION OF THIS ARTICLE.
Referred to Committee on Ways and Means
H. 3933 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO WITCHWEED QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2814, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3934 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO PLUM POX VIRUS QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2791, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
S. 164 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, BY ADDING SECTION 50-9-545 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS IN THE FRESHWATERS OF THIS STATE WITHOUT FIRST PROCURING A STATE FRESHWATER FISHERIES HATCHERY STAMP AND HAVING A VALID STAMP IN THEIR POSSESSION WHILE FISHING OR TRANSPORTING STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS CAUGHT IN THE FRESHWATERS OF THIS STATE, TO PROVIDE FOR FURNISHING THE STAMP AND FOR USE OF THE PROCEEDS FROM THE SALE OF THE STAMP, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 480 (Word version) -- Senator Pinckney: A BILL TO AMEND SECTION 6-1-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USES ALLOWED FOR THE REVENUES OF THE LOCAL ACCOMMODATIONS TAX, SO AS TO PROVIDE ADDITIONAL CRITERIA A COUNTY MAY MEET TO BE ELIGIBLE FOR THE ADDITIONAL PURPOSES FOR WHICH LOCAL ACCOMMODATIONS TAX REVENUES MAY BE USED.
Referred to Committee on Ways and Means
Rep. TROTTER moved that the House do now adjourn, which was agreed to.
At 4:50 p.m. the House, in accordance with the motion of Rep. SCOTT, adjourned in memory of W. D. "Son" Grimsley of Killian, to meet at 10:00 a.m. tomorrow.
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