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 19:1: "The heavens declare the glory of God; the skies proclaim the work of His hands."
Let us pray. Dear Lord, help us to trust that, in Your wisdom, You know our true needs and troubles. Inspire these women and men with wisdom and vision as they carry out the work and make laws for the greater good of the State of South Carolina. Bless our President and keep our troops in Your love and care. Hear our prayer, O God. 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 Sam Washington of Columbia, which was agreed to.
The SPEAKER ordered the following veto printed in the Journal:
May 14, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211
Sincerely,
Mark Sanford
Governor
The Veto on the following Act was taken up:
(R82) H. 3837 (Word version) -- Rep. Hayes: AN ACT TO AMEND ACT 187 OF 1999, RELATING TO PAYMENT FOR ATTENDANCE AT MEETINGS OF THE DILLON COUNTY TRANSPORTATION
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Hayes
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The SPEAKER ordered the following veto printed in the Journal:
May 14, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3218 (Word version), R. 76, a Joint Resolution:
DIRECTING THE STATE BUDGET AND CONTROL BOARD, AFTER OBTAINING THE APPROVAL OF THE STATE HOUSE COMMITTEE AS TO DESIGN AND LOCATION, TO PROCEED
Sincerely,
Mark Sanford
Governor
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 560 (Word version) -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. V. Smith, Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes and Setzler: 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
S. 516 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE DEFINITION OF "NEW JOB" TO INCLUDE JOBS MAINTAINED WHEN AN UNRELATED ENTITY ACQUIRES SUBSTANTIALLY ALL OF THE ASSETS OF A COMPANY OPERATING UNDER CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE, MORE THAN FIVE HUNDRED INDIVIDUALS ARE HIRED WHO WERE LAST EMPLOYED BY THE BANKRUPT TAXPAYER, AND THE JOBS ARE IN A MANUFACTURING FACILITY LOCATED IN A COUNTY CLASSIFIED AS DISTRESSED OR LEAST DEVELOPED.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 4025 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAXATION, SO AS TO TAX ONLY THE TAXABLE PORTION OF THE GROSS PROCEEDS FROM A TELECOMMUNICATIONS BUNDLED TRANSACTION.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
S. 550 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO ALLOW THE DEPARTMENT OF REVENUE AND THE STATE TREASURER'S OFFICE TO ADJUST MISALLOCATIONS OF LOCAL OPTION SALES TAX REVENUE COLLECTIONS AND DISTRIBUTIONS IN FISCAL YEAR 2001-2002 DURING THE SUCCEEDING TWO FISCAL YEARS FOR THE PURPOSE OF PROVIDING A ONETIME CORRECTED BASE FOR THE USE OF THE STATE TREASURER'S OFFICE IN CALCULATING FUTURE DISTRIBUTIONS AND PROVIDE THE MANNER IN WHICH THE
Rep. HARRELL for the Committee on Ways and Means, submitted a favorable report with amendments.
Rep. COBB-HUNTER for the minority, submitted an unfavorable report on:
H. 3649 (Word version) -- Reps. Huggins, Bales, Koon, Frye, Altman, J. Brown, Cato, Hinson, Merrill, E. H. Pitts, Quinn, Rice, Scarborough, Scott, Snow, Toole and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 TO CHAPTER 1, TITLE 1 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, THE GENERAL ASSEMBLY, AND THE GOVERNING BODY OF ANY LOCAL POLITICAL SUBDIVISION OF THIS STATE, IN ORDER TO IMPOSE OR INCREASE ANY TYPE OF TAX OR FEE, MUST DO SO BY A TWO-THIRDS VOTE OF THE MEMBERS OF THE BODY.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 28 (Word version) -- Senators Knotts and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5090 SO AS TO PROVIDE A DESIGNATION ON THE STATE INDIVIDUAL INCOME TAX RETURN ALLOWING A TAXPAYER TO MAKE A CONTRIBUTION TO THE SOUTH CAROLINA LAW ENFORCEMENT ASSISTANCE PROGRAM AND TO PROVIDE FOR THE USE OF THE CONTRIBUTIONS MADE PURSUANT TO THIS DESIGNATION.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4048 (Word version) -- Reps. J. R. Smith, Scarborough, Neilson, Cotty, Anthony, Bailey, Barfield, Cato, Ceips, Clark, Clemmons, Coates, Cooper, Davenport, Duncan, Edge, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hinson, Huggins, Keegan, Leach, Limehouse, Loftis,
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3489 (Word version) -- Reps. Cotty, Gilham, Clemmons, Witherspoon, Edge, Altman, Barfield, Bingham, R. Brown, Chellis, Cooper, Duncan, Govan, Hamilton, Harrison, Herbkersman, M. Hines, Hinson, Keegan, Leach, Limehouse, Littlejohn, Pinson, E. H. Pitts, Rice, Sandifer, Scarborough, F. N. Smith, Stille, Taylor, Toole, Viers and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-925 SO AS TO PROVIDE FOR A SALES TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC BEVERAGES BY THE DRINK OR BY OTHER SPECIFIED METHODS; TO AMEND SECTION 6-27-40, AS AMENDED, RELATING TO DISTRIBUTIONS FROM THE LOCAL GOVERNMENT FUND, SO AS TO FURTHER PROVIDE
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 4120 (Word version) -- Reps. Neilson, Bales, Emory, Freeman, Hagood, Harrell, Kirsh, Koon, Mahaffey, Snow and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-191 SO AS TO PROVIDE THAT ALL STATE AGENCIES SENDING MAIL TO OTHER STATE AGENCIES OR TO STATE EMPLOYEES OUTSIDE THAT AGENCY ARE REQUIRED TO USE INTERAGENCY MAIL DELIVERY SERVICES OF THE AGENCY MAIL PROGRAM ADMINISTERED BY THE BUDGET AND CONTROL BOARD, AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3612 (Word version) -- Reps. Littlejohn, Bailey, Cotty, Anthony, Whipper, Mahaffey, R. Brown, J. H. Neal, Rutherford, Frye, Bales, Bowers,
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
S. 581 (Word version) -- Senator Hawkins: A JOINT RESOLUTION TO NAME THE NEW NATIONAL GUARD ARMORY LOCATED ON THE UNIVERSITY OF SOUTH CAROLINA - SPARTANBURG CAMPUS THE "DARWIN H. SIMPSON UNIVERSITY READINESS CENTER" IN RECOGNITION OF MAJOR GENERAL SIMPSON'S PASSIONATE PURSUIT AND TIRELESS EFFORTS
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3739 (Word version) -- Reps. Ceips, Whipper, M. A. Pitts, Altman, Anthony, Bailey, Battle, Cato, Clark, Dantzler, Duncan, Emory, Hamilton, Harrison, Haskins, Herbkersman, Keegan, Kirsh, Koon, Leach, Littlejohn, Mahaffey, Martin, McCraw, Miller, J. M. Neal, Phillips, Pinson, Rhoad, Richardson, Sinclair, Umphlett, Whitmire and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3905 SO AS TO PROVIDE THAT THE OPERATOR OF A MOTOR VEHICLE MUST ACTIVATE THE VEHICLE'S INTERIOR LIGHTS WHEN STOPPED BY A LAW ENFORCEMENT OFFICER, AND TO PROVIDE A PENALTY FOR A PERSON WHO FAILS TO COMPLY WITH THIS PROVISION.
Ordered for consideration tomorrow.
On motion of Rep. GOVAN, with unanimous consent, the following was taken up for immediate consideration:
H. 4222 (Word version) -- Rep. Govan: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE MEMBERS, COACHES, AND OTHER OFFICIALS OF THE CLAFLIN UNIVERSITY WOMEN'S TRACK AND FIELD TEAM ON THURSDAY, MAY 15, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING THEM FOR WINNING THE 2003 EASTERN INTERCOLLEGIATE ATHLETIC CONFERENCE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the members, coaches, and other officials of the Claflin University Women's Track and Field Team on Thursday, May 15, 2003, at a time to be determined by the Speaker, for the purpose of
The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4223 (Word version) -- Reps. Kirsh, McCraw and J. R. Smith: A BILL TO AMEND CHAPTER 12, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES ACT, SECTION 4-29-67, AS AMENDED, RELATING TO INDUSTRIAL DEVELOPMENT PROJECTS REQUIRING A FEE IN LIEU OF PROPERTY TAXES, AND CHAPTER 44 OF TITLE 12, RELATING TO THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, ALL SO AS TO PROVIDE FOR DESIGNATIONS OF COUNTIES AS REDUCED INVESTMENT COUNTIES BY DECEMBER THIRTY-FIRST OF EACH YEAR BASED ON DATA AVAILABLE ON THE MOST RECENT NOVEMBER FIRST, TO PROVIDE WHEN THE DESIGNATIONS ARE EFFECTIVE FOR A SPONSOR, TO INCLUDE AMOUNTS EXPENDED AT A PROJECT AS A NONRESPONSIBLE PARTY PURSUANT TO THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM TOWARD THE MINIMUM INVESTMENT THRESHOLD, TO REPLACE THE WORD "INVESTOR" WITH THE WORD "SPONSOR", TO PROVIDE THAT FAILURE TO MAINTAIN THE MINIMUM LEVEL OF INVESTMENT IN A PROJECT RESULTS IN DISQUALIFICATION FOR THE FEE, TO SUSPEND THE STATUTE OF LIMITATIONS FOR ASSESSMENT OF TAXES OR FEES DUE ON A PROJECT IF NECESSARY TO THE DETERMINATION OF COMPLIANCE WITH INVESTMENT REQUIREMENTS, TO DELETE THE QUALIFICATION FOR A FOUR PERCENT ASSESSMENT ON INVESTMENTS OF AT LEAST FOUR HUNDRED MILLION DOLLARS IN LEAST DEVELOPED OR UNDERDEVELOPED COUNTIES BY A LIMITED LIABILITY COMPANY AND BY AN INVESTOR AFFILIATE LOCATED CONTIGUOUS TO THE INVESTOR PROJECT, TO SPECIFY THAT PROPERTY TAXES REFERENCES ARE TO AD VALOREM PROPERTY TAXES, TO PROVIDE FOR THE ESTABLISHMENT OF THE MILLAGE RATE BY WAY OF A
H. 4226 (Word version) -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-75 SO AS TO PROVIDE THAT NO WIRELESS TELECOMMUNICATIONS PROVIDER OPERATING IN THE STATE MAY BILL END USERS FOR UNCOMPLETED CALLS AND TO PROVIDE THAT ALL COMPLETED CALLS MUST BE BILLED IN NO GREATER THAN ONE-SIXTH OF A MINUTE INCREMENTS AFTER AN INITIAL ONE MINUTE MINIMUM.
Referred to Committee on Labor, Commerce and Industry
S. 692 (Word version) -- Education Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION
The following was introduced:
H. 4224 (Word version) -- Reps. Ceips, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, 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, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR THE MEN AND WOMEN OF THE UNITED STATES ARMED FORCES FROM SOUTH CAROLINA WHO SUCCESSFULLY AND COURAGEOUSLY DEFENDED THIS GREAT COUNTRY DURING OPERATION IRAQI FREEDOM AND ON BEHALF OF THE STATE OF SOUTH CAROLINA TO WELCOME THEM HOME.
The Resolution was adopted.
The following was introduced:
H. 4225 (Word version) -- Reps. Ceips, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney,
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4227 (Word version) -- Rep. G. M. Smith: A HOUSE RESOLUTION TO CONGRATULATE THE WILSON HALL "LADY BARONS" GIRLS TRACK TEAM ON WINNING THEIR SECOND STRAIGHT
The Resolution was adopted.
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 Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Hagood Hamilton Harrison Haskins Hayes Herbkersman J. Hines Hinson Hosey Howard Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Simrill 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 Umphlett Vaughn Viers
Walker Weeks Whipper White Wilkins Young
I came in after the roll call and was present for the Session on Thursday, May 15.
Thayer Rivers Jerry Govan William Bowers Fletcher Smith William R. "Bill" Whitmire Chip Huggins Ralph Davenport Alan D. Clemmons Robert Harrell Mack Hines William Witherspoon Phillip Sinclair Joseph Neal Todd Rutherford Douglas Jennings Richard Quinn Alex Harvin
The SPEAKER granted Rep. COTTY a leave of absence due to appearing in court for a trial.
The SPEAKER granted Rep. SHEHEEN a leave of absence due to attending a funeral in the family.
Announcement was made that Dr. John Eady of Columbia is the Doctor of the Day for the General Assembly.
Rep. GOVAN and the Orangeburg Delegation presented to the House the Claflin University Womens Track and Field Team, the 2003 Eastern Intercollegiate Athletic Conference Champions, their coaches and other school officials.
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
Bill Number: H. 3739 (Word version)
Date: ADD:
05/15/03 LOURIE
Bill Number: H. 4124 (Word version)
Date: ADD:
05/15/03 OTT
Bill Number: H. 4124 (Word version)
Date: ADD:
05/15/03 PINSON
Bill Number: H. 4166 (Word version)
Date: ADD:
05/15/03 BOWERS
Bill Number: H. 4166 (Word version)
Date: ADD:
05/15/03 MCLEOD
Bill Number: H. 3889 (Word version)
Date: ADD:
05/15/03 SNOW
Rep. HINSON moved to reconsider the vote whereby H. 3701 (Word version) was given a second reading and the motion was noted.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 334 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAY MISSED ON AUGUST 9, 2002, BY THE STUDENTS OF TAMASSEE ELEMENTARY SCHOOL, TAMASSEE-SALEM MIDDLE SCHOOL, AND TAMASSEE-SALEM HIGH SCHOOL OF THE SCHOOL DISTRICT OF OCONEE COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO WATERLINE PROBLEMS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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.
Rep. HARRISON explained the Bill.
On motion of Rep. SANDIFER, with unanimous consent, it was ordered that S. 334 (Word version) be read the third time tomorrow.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that S. 425 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4159 (Word version) -- Reps. Scarborough and Altman: A BILL TO ESTABLISH A PROCEDURE FOR DISCIPLINING A STUDENT IN A CHARTER SCHOOL IN A CHARLESTON COUNTY SCHOOL DISTRICT; TO PROVIDE THAT THE BOARD OF DIRECTORS OF A CHARTER SCHOOL MAY REFUSE ADMISSION TO A STUDENT WHO HAS BEEN SUSPENDED OR EXPELLED; TO PROVIDE THAT A CONVERTED CHARTER SCHOOL THAT UTILIZES THE EXISTING BUILDINGS IS NOT REQUIRED TO PAY FOR THE USE OF THE EXISTING BUILDINGS OR PREMISES AND TO PROVIDE FOR AN APPEAL OF A DECISION OR DISPUTE REGARDING THE USE OF THE EXISTING BUILDINGS OR PREMISES.
Rep. ALTMAN moved cloture on the entire matter, which was agreed to.
Rep. SCARBOROUGH proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5441SL03), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 2, line 11 after / procedures. / by inserting the following:
/A student, parent, or legal guardian may appeal to the county board within ten days of expulsion. /
Renumber sections to conform.
Amend title to conform.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4220 (Word version) -- Reps. Clemmons, Barfield, Keegan, Viers and Witherspoon: A BILL TO ALLOW THE GOVERNING BODY OF HORRY COUNTY BY ORDINANCE TO REQUIRE THE LISTING OF STRUCTURAL IMPROVEMENTS AND ANY RESULTING CHANGES IN USE FOR REAL PROPERTY WITHIN THIRTY DAYS FOLLOWING THE DAY ON WHICH THE IMPROVEMENTS ARE COMPLETED AND FIT FOR THE INTENDED USE AND PROVIDE EXCEPTIONS, AND TO MAKE TAXES ATTRIBUTABLE TO IMPROVEMENTS LISTED AFTER JUNE 30 OF THE PROPERTY TAX YEAR DUE AND PAYABLE WHEN TAXES ARE DUE AND PAYABLE ON THE PROPERTY FOR THE SUCCEEDING PROPERTY TAX YEAR.
Rep. RICE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 626 (Word version) -- Senators Fair, Ryberg and Thomas: A JOINT RESOLUTION TO ESTABLISH A JOINT CORRECTIONS AND PENOLOGY STUDY COMMITTEE TO STUDY SOUTH CAROLINA'S STATUTORY IMPEDIMENTS TO PROVIDING NECESSARY AND DESIRABLE FLEXIBILITY FOR THE DEPARTMENT OF CORRECTIONS IN MANAGING INMATE POPULATION CONSISTENT WITH PUBLIC SAFETY, TO PROVIDE FOR THE COMMITTEE TO MAKE A REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY AND THE GOVERNOR NO LATER THAN JANUARY 14, 2004, AND TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, ITS DUTIES, EXPENSES, AND STAFFING.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:
H. 4169 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO DEVELOPMENT OF SUBDIVISION WATER SUPPLY AND SEWAGE TREATMENT/DISPOSAL SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2830, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up:
S. 525 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND ARTICLE 1 OF CHAPTER 32, TITLE 27, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACATION TIME SHARING PLANS, SO AS TO REVISE, DELETE, AND ADD CERTAIN DEFINITIONS, REVISE PROVISIONS RELATING TO ADVERTISING AND CONVEYANCE OF VACATION TIME SHARING PLANS SO AS TO DELETE CERTAIN LICENSE REQUIREMENTS FOR SELLERS AND TO EXEMPT CERTAIN COMMUNICATIONS FROM ADVERTISEMENT AND PROMOTION RESTRICTIONS, REVISE THE TERMS OF THE NOTICE OF THE RIGHT TO CANCELLATION REQUIREMENTS IN CONTRACTS FOR THE PURCHASE OF VACATION TIME SHARING PLANS AND PROVIDE FOR THE EFFECTIVE DATE OF NOTICE OF CANCELLATION, ESTABLISH NEW PROCEDURES FOR THE DISTRIBUTION OF REFUNDS UPON CANCELLATION OF CONTRACTS AND ESTABLISHMENT AND MAINTENANCE OF ESCROW ACCOUNTS IN THAT CONNECTION, PROVIDE FOR MATTERS TO BE DISCLOSED IN CONTRACTS INCLUDING WARNINGS AGAINST RELIANCE ON THE PURCHASE AS AN INVESTMENT, DELETE THE REQUIREMENT OF AN EXAMINATION FOR REGISTRATION RELATING TO LICENSES FOR SELLERS OF VACATION TIME SHARING PLANS, EXEMPT EMPLOYEES OF THE SELLER FROM LICENSING
Reps. STILLE, MARTIN, WALKER, COOPER, ANTHONY, PINSON, HOWARD, CATO, BINGHAM, SKELTON and MAHAFFEY requested debate on the Bill.
The following Bill was taken up:
S. 342 (Word version) -- Senator McConnell: 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 41 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "SOUTH CAROLINA ELKS ASSOCIATION" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5471CM03), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-4100. (A) The Department of Public Safety may issue special motor vehicle license plates to owners of private
(B) Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Motor Vehicle Division in producing and administering the special license plate. Any remaining funds must be deposited in a special account, separate and apart from the general fund, designated for use by the South Carolina Elks Association to be used to support its Alzheimer's state project.
(C) Before the Department of Public Safety produces and distributes a special license plate pursuant to this section, it must receive four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate and, a plan to market the sale of the special license plate must be approved by the department. If the equivalent amount is not collected within four years of the first issuance of the license plate, the department shall retain the deposit.
(D) If the department receives less than three hundred biennial applications and renewals for the 'South Carolina Elks Association' special license plate, it may not produce additional special license plates in that series. However, the department shall continue to issue special license plates of that series until the existing inventory is exhausted."
Amend the bill further, as and if amended, by striking SECTION 2 on page 2 and inserting:
/SECTION 2. Sections 2 through 20 of this bill may be cited as the Department of Motor Vehicles Reform Act of 2003.
"Section 56-1-5. (A) The South Carolina Department of Motor Vehicles is hereby established as an administrative agency of the state government.
(B) Upon the signature of the Governor, all functions, powers, duties, responsibilities, and authority statutorily exercised by the Motor Vehicle Division and the State Transport Police Division within the Department of Public Safety are transferred to and devolved upon the Department of Motor Vehicles.
(C) The Executive Director of the Department of Motor Vehicles shall be appointed by the Governor and confirmed by the Senate. The executive director shall serve at the pleasure of the Governor.
(D) The executive director is the executive and administrative head of the Department of Motor Vehicles. The executive director shall administer the policies defined by the department and the affairs of the department.
(E) The executive director may appoint assistants, deputies, and employees as the executive director considers necessary and proper to administer the affairs of the department and may prescribe their duties, powers, and functions.
(F) The Legislative Audit Council shall conduct an independent review of the Department of Motor Vehicles every three years."
SECTION 4. (A) The employees, funds, appropriations, assets, liabilities, bonded indebtedness if applicable, real and personal property, contractual rights and obligations of the Motor Vehicle Division and the State Transport Police Division of the Department of Public Safety are transferred to and become part of the Department of Motor Vehicles unless otherwise specially provided. All classified or unclassified personnel of these divisions, on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Motor Vehicles, with the same compensation, classification, and grade level, as applicable. Where the functions of the Department of Public Safety and the divisions have been devolved on more than one department or division, the general support services of the Department of Public Safety must be transferred to the restructured Department of Public Safety and Department of Motor Vehicles. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer and shall in consultation with the Department of Public Safety and the Department
(B) Employees or personnel transferred to the Department of Motor Vehicles pursuant to the terms of this act shall continue to occupy the same office locations and facilities which they now occupy unless or until otherwise changed by appropriate action and authorization. If the Department of Public Safety transfers office locations and facilities which it now occupies, then the employees or personnel transferred to the Department of Motor Vehicles shall transfer with the Department of Public Safety to the new locations and facilities unless or until otherwise changed by appropriate action and authorization. The rent and physical plan operating costs of the offices and facilities occupied by the employees and personnel transferred to the Department of Motor Vehicles shall continue to be paid by the Department of Public Safety until otherwise provided by the General Assembly. Any existing contracts or agreements entered into by the Department of Public Safety regarding office locations and facilities of employees or personnel transferred to the Department of Motor Vehicles will continue in force and effect and will be binding upon the Department of Public Safety.
(C) The personnel records and files of the Department of Public Safety shall continue to remain the property of the Department of Public Safety, except that these personnel shall have complete access to these records and files in the performance of their duties as new employees of the Department of Motor Vehicles.
(D) Unless otherwise provided in this section or by law, all fines, fees, forfeitures, or revenues imposed or levied by the Motor Vehicle Division and the State Transport Division so transferred to the Department of Motor Vehicles must continue to be used and expended for those purposes provided before the effective date of this act. If a portion of these fines, fees, forfeitures, or revenues were required to be used for the support, benefit, or expense of personnel transferred, these funds must continue to be used for these purposes.
(E) The Budget and Control Board, in consultation with the appropriate standing committees of the General Assembly as designated by the President Pro Tempore of the Senate and the Speaker of the House of Representatives, shall provide the manner in which the provision of subsections (A), (B), (C), and (D) must be implemented where agreement between the Department of Public Safety and the Department of Motor Vehicles cannot be obtained.
"Section 56-1-15. (A) The Department of Motor Vehicles must enter into contracts with persons, corporations, or governmental subdivisions, including public schools, in localities throughout the State to administer the portion of the driver's license examination that tests the driver's license applicant's ability to read and understand highway signs that regulate, warn, and direct traffic, and his knowledge of the traffic laws of the State, and the actual demonstration of his ability to exercise ordinary and reasonable control in the operation of the type of motor vehicle for which the license is sought as contained in Section 56-1-130(A). The department must supervise the provision of services contained in this subsection. The department must supply driver education instructors appropriate testing materials to administer the examinations contained in this section. A person or corporation administering an examination pursuant to this section may charge a fee in excess of the fee charged by the department for the examination.
(B) The department must randomly test driver's license applicants who successfully complete the driver's license examinations pursuant to subsection (A) to ensure that the driver's license instructors are properly certifying that their students have successfully completed a driver's license examination.
(C) If through testing or other review procedures, the department determines that a contractor is not conforming to the law and regulations applicable to licensing it may:
(1) suspend the authority of a particular individual or entity operating under the contract to administer the tests;
(2) suspend the contract;
(3) cancel the contract."
SECTION 6. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-125. (A) Upon receiving proper authority from the United States Government, a United States male citizen or immigrant who is less than twenty-six years of age must be registered for the United States Selective Service when applying to the Department of Motor Vehicles for the issuance, renewal, or a duplicate copy of:
(1) a driver's license;
(2) a commercial driver's license; or
(3) an identification card.
(B) The department shall forward in an electronic format the necessary personal information required for registration of individuals identified in this section to the Selective Service System.
(C) An individual's submission of an application contained in subsection (A) serves as an indication that the individual has registered with the Selective Service System or that he is authorizing the department to forward to the Selective Service System information necessary for his registration.
(D) The department shall inform the individual who is at least eighteen years of age and less than twenty-six years of age, on his application, that his submission of the application for a license or identification card serves as his consent to be registered with the Selective Service System, if required by federal law.
(E) The department shall inform the individual who is less than eighteen years of age, on his application, that his submission of the application for a license or identification card serves as his consent to be registered with the Selective Service System upon attaining eighteen years of age, if required by federal law. His application also must be signed by his parent or guardian. By signing the application, the parent or guardian authorizes the department to register the applicant with the Selective Service System upon attaining eighteen years of age, if required by federal law. The applicant, parent, or guardian may decline the Selective Service System registration. If the applicant, parent, or guardian declines the Selective Service System registration, the department may issue a license or identification card, but the applicant must renew the license or identification card upon attaining eighteen years of age.
(F) This section takes effect upon the department's receipt from the federal government of the funds necessary to implement this section."
SECTION 7. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-345. The Department of Motor Vehicles may charge and collect fees in accordance with Section 30-4-30 of the Freedom of Information Act for providing copies of registration, title, and driver's license information records maintained by the department."
SECTION 8. Section 1-30-90 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 1-30-90. The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related
(A) Law Enforcement Hall of Fame, formerly provided for at Section 23-25-10, et seq.;
(B) State Highway Patrol, formerly provided for at Section 23-5-10, et seq.;
(C) Public Service Commission Safety Enforcement, formerly provided at Section 58-3-310;
(D) Law Enforcement Training Council, formerly provided for at Section 23-23-30, et seq.;
(E) Public Safety Division, formerly of the Governor's Office;
(F) The vehicle inspection, administrative services, drivers records, and financial responsibility sections and other offices of the Division of Motor Vehicles, formerly provided for at Section 56-1-10, et seq.;
(G) The motor vehicle licensing, registration, and titling sections, formerly provided for at Section 1-30-95(B)."
SECTION 9. Section 23-6-20 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 23-6-20. (A) The Department of Public Safety is established as an administrative agency of state government which is comprised of a Motor Vehicle Division, a South Carolina Highway Patrol Division, a South Carolina State Police Division, and a Division of Training and Continuing Education.
(B) The functions, powers, duties, responsibilities, and authority statutorily exercised by the following offices, sections, departments, or divisions of the following state agencies as existing on the effective date of this act are transferred to and devolved on the department to include the South Carolina Highway Patrol, the Drivers Training Schools within the Department of Licensing of the Division of Motor Vehicles, the Driver Records Section within the Division of Motor Vehicles, the Financial Responsibility Section within the Division of Motor Vehicles, the Reciprocity Office of the Registration and Reciprocity Section within the Division of Motor Vehicles, the Administrative Services Section of the Division of Motor Vehicles, the Motor Vehicle Sections transferred to the Department of Revenue
"Section 23-6-30. The department shall have the following duties and powers:
(1) carry out highway and other related safety programs;
(2) license suspensions and revocations, including related administrative hearings;
(3) title and register motor vehicles; license motor vehicle operator's; administer the collection of license, registration, titling and other fees; maintain an automated system for the storage and retrieval of all motor vehicle and motor vehicle operator records, including vehicle and registration and operator licensing, violations and accidents;
(4) engage in driver training and safety activities;
(5)(3) enforce the traffic, motor vehicle, commercial vehicle and related laws;
(6)(4) enforce size, weight and safety enforcement statutes relating to commercial motor vehicles;
(7)(5) operate a comprehensive law enforcement personnel training program;
(8)(6) promulgate such rules and regulations in accordance with the Administrative Procedures Act and Article 7 of this chapter for the administration and enforcement of the powers delegated to the department by law, which shall have the full force and effect of law;
(9)(7) operate such programs and disseminate information and material so as to continually improve highway safety;
(10)(8) receive and disburse funds and grants, including any donations, contributions, funds, grants, or gifts from private individuals, foundations, agencies, corporations, or the state or federal
(11)(9) do all other functions and responsibilities as required or provided for by law."
SECTION 11. Section 56-1-10(4) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"(4) 'Department' means the Department of Public Safety Motor Vehicles."
SECTION 12. Section 56-1-140 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"Section 56-1-140. Upon the payment of a fee of twelve dollars and fifty cents for a license that is valid for five years, or twenty-five dollars for a license that is valid for ten years, the department shall issue to every qualified applicant a driver's license as applied for by law. The license must bear on it a distinguishing number assigned to the licensee, the full name, date of birth, and residence address and a brief description and laminated colored photograph of the licensee, and a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee. The license authorizes the licensee to operate only those classifications of vehicles as indicated on the license."
SECTION 13. Section 56-1-210 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-1-210. (A) Every A license issued or renewed before October 1, 2003, expires on the licensee's birth date on the fifth calendar year after the calendar year in which it is issued. A license issued or renewed on or after October 1, 2003, expires on the licensee's birth date on the tenth calendar year after the calendar year in which it is issued. Once a licensee becomes sixty-five years of age or older, the license expires on the licensee's birth date on the fifth calendar year after the calendar year in which it is issued.
(B) Every A license is renewable on or before its expiration date upon application and the payment of the required fee. The department shall require a vision test of the applicant. The vision examination may be waived upon the submission of a certificate from a person authorized by law to examine eyes.
(C) The department may renew a driver's license of a resident by mail or electronically upon payment of the required fee, if the renewal is a digitized license.
(D) No A license may not be renewed until the licensee is reexamined as provided in Section 56-1-130, except that the licensee is not required to take the road test provided in Section 56-1-130; provided, further, that only the visual examination vision screening is required of those persons who have no more than five points for moving traffic violations in the two years prior to making application for renewal. For cause shown, the department may require the submission by the applicant of evidence satisfactory to the department of the applicant's mental and physical fitness to drive and his knowledge of traffic laws and regulations. If the evidence is not satisfactory to the department, the department may require an examination of the applicant as upon an original application. Parallel parking is not required as a part of the driver test.
(E) If a person's license expires and he is unable to renew it before its expiration date because he is on active military duty outside this State for a continuous period of at least thirty days immediately before the expiration date or because he is the spouse or dependent living for a continuous period of at least thirty days immediately before the expiration date with a person on active military duty outside this State, within sixty days after returning to this State, the person may renew his license in the manner permitted by this section as though the license had not expired. The department may require proof from the person that he qualifies for renewal of his license under this paragraph. Upon request, the person shall provide the department with a copy of his military service record, a document of his branch of military service showing the date of active military duty outside the State, or other evidence presented by the person showing the dates of service."
SECTION 14. Section 56-1-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-1-220. (a)(A) Eye examinations shall be Vision screenings are required for all persons prior to before having their licenses renewed by the department. Such examinations may be made by any person authorized by law in this State to examine eyes or by designated personnel of the department. The vision screening may be waived upon the submission of a certificate dated within the previous twelve months from a person authorized by law in this State to screen eyes.
(B) During the fifth year of a ten-year license, the licensee must submit by mail to the department a certificate from a person authorized by law in this State to screen eyes or appear in person at a department office to complete a vision screening. If a licensee fails to submit a
(C) A vision screening will not be required before October 1, 2008, if a licensee is less than sixty-five years of age, his license expires on his birth date on the fifth calendar year after the calendar year in which it is issued, and his license is renewed for an additional five years by mail or electronically. If a licensee is sixty-five years of age or older and his license expires on his birth date on the fifth calendar year after the calendar year in which it is issued, then he may renew his license by mail for an additional five years upon submission of a certificate from a person authorized by law in this State to screen eyes.
(b)(D) The renewal license forms distributed by the department shall must be designed so as to contain a certification that the vision of the person examined screened meets the minimum standards required by the department or have been corrected to meet such these requirements. Such The certification shall must be executed by the person conducting the examination screening. Provided, that The minimum standards of the department shall not require a greater degree of vision than 20/40 corrected in one eye.
(c)(E) Any A person whose vision is corrected to meet such the minimum standards shall have such the correction noted on his driver's license by the department.
(d)(F) It shall be is unlawful for any a person whose vision requires correction in order to meet the minimum standards of the department to drive a motor vehicle in this State without the use of such the correction.
(e)(G) Unless otherwise provided in this section, any person violating the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars or imprisoned for not more than thirty days."
SECTION 15. Section 56-2-2740 of the 1976 Code, as last amended by Act 40 of 1997, is further amended to read:
"Section 56-2-2740. (A) The department Department of Motor Vehicles must refuse to renew the driver's license and motor vehicle registration of a person who has not paid property taxes within the time
(B) The Department of Public Safety department shall issue biennial license plates and revalidation decals. The department may enter into contracts with persons, corporations, or governmental subdivisions to issue license plates and revalidation decals. The department, person, corporation, or governmental subdivision shall give a motor vehicle owner a license plate or revalidation decal for the tax year to for which personal property taxes and biennial fees have been paid pursuant to Section 56-3-253.
(C) All validation decals must be issued for a period not to exceed twelve months.
(D) A person or corporation that issues license plates or revalidation decals pursuant to this section may charge a fee in excess of the fee charged by the department.
(E) A governmental subdivision that issues license plates or revalidation decals pursuant to this section may charge a one dollar fee to defray the expenses associated with the issuance of license plates and revalidation decals.
(F) The department shall supervise the provision of services contained in this section."
SECTION 16. Section 23-6-35 and Article 7, Chapter 6, Title 23 of the 1976 Code are repealed.
SECTION 17. Wherever the terms Department of Public Safety, Motor Vehicle Division, Motor Vehicles Division, or Division of Motor Vehicles appear in Title 56 of the 1976 Code, they shall mean Department of Motor Vehicles, and the Code Commissioner is directed to change these references at a time and in a manner that is timely and cost effective.
SECTION 18. 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
"Section 56-1-215. Notwithstanding any other provision of law, if a person's license expires, the person may have his license renewed without taking the road test or a written examination required pursuant to Section 56-1-130 if the person applies for his license within nine months of the expiration of his license."
SECTION 21. SECTIONS 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, and 20 of this act take effect upon approval by the Governor. SECTIONS 5 and 15 of this act take effect at least sixty days after approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. GILHAM explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. GILHAM, with unanimous consent, it was ordered that S. 342 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4007 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-82 SO AS TO SPECIFY CERTAIN FUNCTIONS AND PROCEDURES THAT MAY NOT BE DELEGATED TO DENTAL HYGIENISTS; TO AMEND SECTION 40-15-85, AS AMENDED, RELATING TO DEFINITIONS OF TERMS USED IN THE
Rep. WHITE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 36 (Word version) -- Senators Knotts, Moore, J. V. Smith, Elliott, Ravenel, Reese, Short, Setzler and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO TITLE 47 SO AS TO PROVIDE FOR THE PROTECTION OF GUIDE DOGS AND SERVICE ANIMALS AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 43-33-20, RELATING TO RIGHTS OF BLIND AND OTHER PHYSICALLY DISABLED PERSONS TO USE PUBLIC FACILITIES, SO AS TO PROVIDE A CROSS REFERENCE TO ARTICLE 15 OF TITLE 47 IN SECTION 43-33-20 PERTAINING TO THE RIGHTS OF PHYSICALLY DISABLED PERSONS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9797SL03), which was adopted:
Amend the bill, as and if amended, by deleting Section 47-3-920, as contained in SECTION 1, beginning on page 1, in its entirety and inserting:
(1) 'Guide dog' means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing impaired persons.
(2) 'Humane euthanasia' means the termination of a terminally ill or critically injured guide dog or service animal's life by a means that produces a rapid and minimally painful death as provided in Section 47-3-420.
(3) 'Notice' means an actual verbal or written warning prescribing the behavior of another person and a request that the person stop the behavior.
(4) 'Service animal' means an animal that is trained for the purposes of assisting or accommodating the sensory, mental, or physical disability of a disabled person.
(5) 'Value' means the value to the guide dog or service animal user and does not refer to the cost or fair market value." /
Amend the bill further, Section 47-3-960(A), as contained in SECTION 1, page 3, after /self-defense/ by inserting / or humane euthanasia / so that when amended subsection (A) reads:
/ "Section 47-3-960. (A) It is unlawful for a person to intentionally injure, disable, or cause the death of a guide dog or service animal, except in the case of self-defense or humane euthanasia." /
Amend the bill further, Section 47-3-970(A), as contained in SECTION 1, page 3, line 16, after /article/ by deleting /must/ and inserting /may/ so that when amended subsection (A) reads:
/ "(A) A defendant convicted of a violation of this article may be ordered to make full restitution for damages including incidental and consequential expenses incurred by the guide dog or service animal and its user which arise out of or are related to the criminal offense." /
Renumber sections to conform.
Amend title to conform.
Rep. WHITE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SCOTT, with unanimous consent, it was ordered that S. 36 (Word version) be read the third time tomorrow.
The following Bill was taken up:
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. MCGEE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration:
S. 204 (Word version) -- Senators McConnell, Martin and Knotts: A BILL TO AMEND SECTION 1-23-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF ADMINISTRATIVE LAW JUDGES, SO AS TO AUTHORIZE AN ADMINISTRATIVE LAW JUDGE TO USE MEDIATION AS PROVIDED IN THE SOUTH CAROLINA CIRCUIT COURT ALTERNATIVE DISPUTE RESOLUTION RULES; TO AMEND SECTION 6-29-800, RELATING TO THE POWERS OF A ZONING BOARD OF APPEALS, SO AS TO PROVIDE A MATTER MAY BE REMANDED TO AN ADMINISTRATIVE OFFICIAL IF THE BOARD DETERMINES THE RECORD IS INSUFFICIENT FOR REVIEW; TO AMEND SECTION 6-29-820, RELATING TO APPEAL FROM A ZONING BOARD OF APPEALS TO A CIRCUIT COURT, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST
Rep. HARRISON explained the Senate Amendments.
Rep. PERRY spoke against the Senate Amendments.
Rep. HARRISON spoke in favor of the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3713 (Word version) -- Reps. Wilkins, W. D. Smith, Harrell, Harrison, Cato, Witherspoon, Chellis, Townsend, J. Brown and Keegan: A BILL TO AMEND SECTION 23-3-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCLUSIVE JURISDICTION AND STATEWIDE AUTHORITY OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT THIS JURISDICTION AND AUTHORITY INCLUDES ESTABLISHING AND OPERATING TACTICAL
Rep. SCOTT made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The motion of Rep. HINSON to reconsider the vote whereby the following Bill was given a second reading was taken up:
H. 3701 (Word version) -- Reps. Hinson, Merrill, Lloyd, Dantzler, Frye, Gourdine, Koon, Neilson, Parks, M. A. Pitts, Altman, Toole, Umphlett and Walker: A BILL TO AMEND SECTION 59-17-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARACTER EDUCATION IN SCHOOLS, SO AS TO PROVIDE THAT A TEACHER IN A PUBLIC SCHOOL OF THIS STATE SHALL INDICATE A LETTER GRADE AND COMMENTS ON A STUDENT'S REPORT CARD UNDER THE SUBJECT HEADING OF "CONDUCT" AS AN ASSESSMENT OF HOW THE STUDENT EXPRESSES CERTAIN CHARACTERISTICS.
Rep. MERRILL moved to adjourn debate on the motion to reconsider until Wednesday, May 21, which was agreed to.
The following Bill was taken up:
H. 3686 (Word version) -- Reps. Walker and Taylor: A BILL TO AMEND SECTION 56-19-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER AND SURRENDER OF A MOTOR VEHICLE'S CERTIFICATE OF
Rep. SCOTT, with unanimous consent, proposed the following Amendment No. 3 (Doc Name COUNCIL\SWB\5484CM03), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/SECTION __. Section 56-3-2210 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"Section 56-3-2210. Every motor vehicle as herein defined which is over thirty twenty-five years old, is owned solely as a collector's item, and is used for participation in club activities, exhibits, tours, parades and similar uses, but in no event used for general transportation, may be classified by the department as an antique motor vehicle." /
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the third time and ordered sent to the Senate.
The SPEAKER granted Rep. KEEGAN a leave of absence for the remainder of the day.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3780 (Word version) -- Reps. Simrill, Haskins, Cato, Clemmons, Davenport, Hamilton, Keegan, Littlejohn, Owens, Sandifer, Sinclair, Vaughn, Viers, Talley and Delleney: A BILL TO ENACT THE "UNBORN
The following Concurrent Resolution was taken up:
H. 4170 (Word version) -- Reps. Davenport and Lee: A CONCURRENT RESOLUTION TO DEMONSTRATE THE CONCERN OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR SOUTH CAROLINA'S TEXTILE INDUSTRY AND TO EXPRESS THE OPINION OF THE MEMBERS THAT ACTION BE TAKEN BY THE UNITED STATES CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO RESCIND THE U.S.-VIETNAM BILATERAL AGREEMENT ON TEXTILES.
Whereas, the members of the General Assembly appreciate the work of the members of the United States Congress and of the President of this nation and generally support those individuals in making significant decisions affecting the country and this State; and
Whereas, the United States Congress and the President established an agreement with Vietnam that was effective beginning May 1, 2003, to put quotas on thirty-eight categories of clothing and textiles with the purpose of reducing the importation of goods from Vietnam; and
Whereas, though our national officers were attempting to aid this country's business industries, many local executives feel that the quotas will cause great harm to both clothing and textile manufacturers and lead to a decline in available jobs in South Carolina, after the State's textile sector in the Greenville-Spartanburg area has already lost nearly 8,000 jobs from January 2001 to February 2003; and
Whereas, according to Roger Milliken, Chairman of the Spartanburg, South Carolina-based Milliken & Company and Co-chairman of the American Manufacturing Trade Action Coalition, the U.S.-Vietnam Bilateral Agreement will "severely damage and further disrupt the U.S. textile and apparel industries and its nearly one million workers nationwide"; and
Whereas, Mr. Milliken also feels that the agreement allows Vietnam, "a nation which is not a member of the World Trade Organization or part of any preferential agreement, to gain an enormous share of the U.S. apparel market", with the American Manufacturing Trade Action Coalition expecting textile imports to grow to $1.7 billion in this year
Whereas, the General Assembly's highest priority is protecting the interests of South Carolina's citizens and businesses and supporting all efforts to boost the economy of this State; and
Whereas, the members believe that the U.S.-Vietnam Bilateral Agreement will destroy the remains of the textile industry in South Carolina and across the nation. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, demonstrate our concern for South Carolina's textile industry and express our opinion that action be taken by the United States Congress and the President of the United States to rescind the U.S.-Vietnam Bilateral Agreement on textiles.
Be it further resolved that a copy of this resolution be forwarded to President George W. Bush, Senator Ernest F. Hollings, Senator Lindsey Graham, Congressman Henry Brown, Congressman J. Gresham Barrett, Congressman James E. Clyburn, Congressman Jim DeMint, Congressman John Spratt, and Congressman Joe Wilson.
Rep. DAVENPORT explained the Resolution.
The Concurrent Resolution was adopted and sent to the Senate.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
The motion period was dispensed with on motion of Rep. SKELTON.
The following Bill was taken up:
H. 4031 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-87 SO AS TO PROVIDE THAT IF AN INDIVIDUAL SERVING IN THE MILITARY IS CALLED TO ACTIVE DUTY IN A TIME OF WAR AND IS UNDER A COURT-ORDERED OBLIGATION TO PAY CHILD SUPPORT, A REDUCTION IN THAT INDIVIDUAL'S PAY, DUE TO BEING CALLED INTO ACTIVE DUTY, CONSTITUTES A MATERIAL CHANGE IN CIRCUMSTANCES AND THE INDIVIDUAL'S CHILD SUPPORT OBLIGATIONS AND SPOUSAL SUPPORT OBLIGATIONS MUST BE REDUCED BY A PERCENTAGE COMMENSURATE WITH THE PERCENTAGE REDUCTION IN THE INDIVIDUAL'S PAY; TO PROVIDE THAT NEITHER A CHILD SUPPORT NOR SPOUSAL SUPPORT ARREARAGE MAY ACCRUE AGAINST SUCH AN INDIVIDUAL DURING ACTIVE DUTY SERVICE; AND TO REQUIRE THE INDIVIDUAL TO NOTIFY THE FAMILY COURT WHEN THE INDIVIDUAL IS DISCHARGED FROM ACTIVE DUTY.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland J. Brown R. Brown Cato Ceips Clark Clyburn Coates Cobb-Hunter Cooper Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hagood Hamilton Harrell Harrison Haskins Herbkersman J. Hines M. Hines Hinson Hosey Howard
Huggins Jennings Kennedy Kirsh Koon Leach Limehouse Littlejohn Loftis Lourie Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry E. H. Pitts M. A. Pitts Quinn Rice Rivers Rutherford Sandifer Scarborough Scott 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 Umphlett Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
On motion of Rep. ALTMAN, with unanimous consent, it was ordered that H. 4031 (Word version) be read the third time tomorrow.
Rep. WALKER moved to adjourn debate upon the following Bill until Tuesday, May 20, which was adopted:
S. 525 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND ARTICLE 1 OF CHAPTER 32, TITLE 27, AS AMENDED, CODE
Rep. TOWNSEND moved that the House recur to the Morning Hour, which was agreed to.
Rep. TOWNSEND, from the Committee on Anderson Delegation, submitted a favorable report on:
H. 3281 (Word version) -- Rep. Townsend: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICT NO. 2 OF ANDERSON COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Anderson Delegation, submitted a favorable report on:
H. 3355 (Word version) -- Reps. Townsend and Stille: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICT NO. 3 OF ANDERSON COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 698 (Word version) -- Senator Malloy: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE LOCATED AT EXIT 131 ALONG INTERSTATE HIGHWAY 20 IN DARLINGTON COUNTY THE "LAURIE COKE LAWSON INTERCHANGE" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4228 (Word version) -- Reps. White, Townsend, Martin and Thompson: A BILL TO AMEND SECTION 59-23-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL BUILDING CODE STANDARDS AND THE AUTHORITY OF MUNICIPAL OR OTHER LOCAL OFFICIALS TO ENFORCE THESE STANDARDS, SO AS TO PROVIDE THAT STATE AND LOCAL SCHOOL OFFICIALS IN THE MANNER PROVIDED BY LAW SHALL HAVE JURISDICTION WITH REGARD TO SCHOOL FACILITY DESIGN, SIZE, SITING, AND LOCATION BUT THAT BEFORE THE PLANS AND SPECIFICATIONS ARE APPROVED FOR A NEW SCHOOL FACILITY AND CONSTRUCTION BEGUN, THE LOCAL PLANNING COMMISSION OR SIMILAR ENTITY MUST APPROVE ROAD ACCESSIBILITY AND TRANSPORTATION INFRASTRUCTURE REQUIREMENTS FOR THE NEW FACILITY.
Referred to Committee on Education and Public Works
CONFERENCE REPORT
S. 438
The General Assembly, Columbia, S.C., May 13, 2003
The COMMITTEE OF CONFERENCE, to whom was referred:
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
That the same do pass with the following amendments: (Reference is to Printer's Version 4/9/03--S.)
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:
High-Cost and Consumer Home Loans
Article 1
General Provisions
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) 'Broker' or 'mortgage broker' means a person or organization in the business of soliciting, processing, placing, or negotiating mortgage loans for others or offering to process, place, or negotiate mortgage loans for others. A broker or mortgage broker also includes a person or organization who brings borrowers or lenders together to obtain mortgage loans or renders a settlement service as described in 24 CFR Part 3500.2(a)(16)(ii).
(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 conforming 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 applicable to the loan, so long as the home loan has an annual percentage rate that does not exceed the conventional mortgage rate by more than one percentage point.
(6) '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.
(7) 'Conventional prepayment penalty' means a prepayment penalty or fee that may be collected or charged in a home loan and that is authorized by law other than by this chapter, provided the home loan (a) does not have an annual percentage rate that exceeds the conventional mortgage rate by more than two percentage points; and (b) does not permit prepayment fees or penalties that exceed two percent of the amount prepaid.
(8) 'Flipping' a consumer home loan means the making of a consumer home loan that refinances within forty-two months an existing consumer home loan of the borrower when the new loan 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 rebuttable presumption of reasonable, tangible, net benefit to the borrower occurs when, including but not limited to the following:
(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;
(ii) the borrower's monthly payment to pay the new consolidated debt is a minimum of twenty percent lower than the total of all monthly obligations being financed, taking into account costs and fees;
(iii) there is a beneficial change for the borrower in the duration of the loan;
(iv) the borrower receives a reasonable amount of cash in excess of and in relation to the cost and fees as part of the refinancing;
(v) the borrower's note rate of interest is reduced by at least two percent;
(vi) there is a change from an adjustable rate loan to a fixed rate loan, taking into account costs and fees and the costs can be recouped within two years; or
(vii) the borrower is able to recoup the costs of refinancing the loan within two years and reduces the interest rate by two points or the length of term by a minimum of five years.
(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.
(9) '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 either:
(i) a security interest in a residential manufactured home, as defined in Section 37-1-301(24) which is to be occupied by the borrower as the borrower's principal dwelling; or
(ii) 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 threshold as defined in item (15) of this section.
(10) '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.
(11) 'Obligor' means each borrower, co-borrower, cosigner, or guarantor obligated to repay a loan.
(12) 'Originator' means an employee of a mortgage loan broker whose primary job responsibilities include direct contact with and informing loan applicants of the rates, terms, disclosure, and other aspects of the mortgage. It does not mean an employee whose primary job responsibilities are clerical in nature, such as processing the loan.
(13) '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) 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, but only if the lender receives direct or indirect compensation in connection with the charge or the charge is paid to an affiliate of the lender; otherwise, the charges are not included within the meaning of the phrase 'points and fees';
(c) compensation paid directly by the borrower to a mortgage broker not otherwise included in subitem (a) or (b) of this item;
(d) 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;
(e) premiums or other charges paid at or before closing for credit life, accident, health, or loss-of-income insurance or debt-cancellation coverage that provides for cancellation of 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. This subsection does not apply after January 1, 2005; and
(f) '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
(iii) premiums for insurance against title defects. Premiums for insurance against loss of or damage to property or against liability arising out of the ownership or use of property may be excluded from the points and fees if the insurance coverage may be obtained from a person of the borrower's choice and this fact is disclosed and if the coverage is obtained from or through the lender or its affiliate, 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 pursuant to 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) 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) '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.
(15) 'Threshold' means either (A) or (B) in a loan transaction, whichever is applicable:
(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 such a rate 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
(B) the total points and fees payable by the borrower at or before the loan closing exceed:
(i) five percent of the total loan amount if the total loan amount is twenty thousand dollars or more;
(ii) 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; or
(iii) three percent of the total loan amount for nonreal estate secured manufactured housing transactions if the total loan amount in the nonreal estate secured housing transaction is twenty thousand dollars or more;
(C) 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 conventional conforming 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 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; or
(ii) up to and including one conventional conforming 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 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;
(iii) a conventional prepayment penalty.
(16) '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 and must be calculated in accordance with the Federal Reserve Board's Official Staff Commentary to that section.
High-Cost Home Loans
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; or
(7) contain as a part of the loan agreement a choice of law provision identifying a state other than South Carolina, unless otherwise allowed under federal law.
Section 37-23-40. The lender of a high-cost home loan may not:
(1) make a high-cost home loan without first receiving a written certification from a counselor approved by the State Housing Finance and Development Authority that the borrower has received counseling on the advisability of the loan transaction and the appropriate loan for the borrower. The Department of Consumer Affairs shall specify the
(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 the credit application, the obligor's financial statement, a credit report, financial information provided to the lender by or on behalf of the obligor, or another authoritative means. 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;
(b) points and fees exceeding two and one-half 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; or
(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 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.
For purposes of this article, a home improvement contract does not include money for a new home construction loan or a purchase money loan for a home.
Section 37-23-45. (A) At the time the borrower receives the good faith estimate under the Real Estate Settlement and Procedures Act (RESPA) and before the scheduled closing of a high-cost home loan, the broker or mortgage broker of a loan must disclose in writing the amount being earned on the loan. The Department of Consumer Affairs shall provide a disclosure form to include the following:
(1) the dollar amount of the yield spread premium and the percentage of the yield spread premium in relation to the loan amount. For purposes of this item, 'yield spread premium' is the amount paid to the broker by the lender based on the difference between the interest rate at which the broker originates the loan and the par, or market rate offered by a lender;
(2) an itemization of dollar amounts for points, fees, and commissions with a combined total given. A percentage of the combined total should be specified in relation to the loan amount; and
(3) a dollar amount total of items 37-23-45(A)(1) and (2) and a percentage of the total specified in relation to the total amount of the loan.
(B) The form must include a signature line for the borrower to acknowledge that he has received the disclosures, the disclosures have been explained to him, he understands them, and he voluntarily enters into the loan transaction.
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 for each 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 six 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 six 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 fees 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) This article establishes specific consumer protections in consumer home loans in addition to other consumer protections that may be otherwise available by law.
(F) 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.
(G) 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."
Section 37-23-60. A lender of a high-cost home loan who acts in good faith but through a bona fide unintentional error, notwithstanding the maintenance of procedures reasonably adapted to avoid errors, fails to comply with this article must make restitution to the borrower. Within forty-five days after the discovery of the compliance failure or receipt of written notice of the compliance failure, the lender must notify the borrower and make the necessary adjustments to the loan to make the high-cost home loan satisfy the requirements of Sections 37-23-30, 37-23-40, and 37-23-45. If the harm to the borrower cannot be remedied by compliance with the high cost loan requirement of Sections 37-23-30, 37-23-40, and 37-23-45, the lender must 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.
Consumer Home Loans
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(15).
(B) It is unlawful, on or after January 1, 2005, 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) At the time of application for a mortgage loan, the mortgage broker, originator, or employee shall provide the borrower with a document specifying the agency designated to receive complaints or inquiries about the origination and making of the loan, with the telephone number and address of the agency. The consumer shall sign
(E) 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.
(F) 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 for each 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 six years after the violation occurred and after the original scheduled maturity date of the debt. This subsection does not bar a borrower from asserting a violation of this article in an action to collect a debt which was brought more than six 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.
(G)(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 fees actually received by the lender or paid by the borrower to a third party.
(2) An action pursuant to this subsection may not be brought after the original scheduled maturity date of the debt.
(H) In an action in which it is found that a lender has violated this chapter, the court shall award to the borrower 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 borrower is not controlling.
(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."
Section 37-23-75. (A) At the time the borrower receives the good faith estimate under the Real Estate Settlement and Procedures Act (RESPA) and before the scheduled closing of a consumer home loan, the broker or mortgage broker of a loan must disclose in writing the amount being earned on the loan. The Department of Consumer Affairs shall provide a disclosure form to include the following:
(1) the dollar amount of the yield spread premium and the percentage of the yield spread premium in relation to the loan amount. For purposes of this item, 'yield spread premium' is the amount paid to the broker by the lender based on the difference between the interest rate at which the broker originates the loan and the par, or market rate offered by a lender;
(2) an itemization of dollar amounts for points, fees, and commissions with a combined total given. A percentage of the combined total should be specified in relation to the loan amount; and
(3) a dollar amount total of items 37-23-75(A)(1) and (2) and a percentage of the total specified in relation to the total amount of the loan.
(B) The form must include a signature line for the borrower to acknowledge that he has received the disclosures, the disclosures have been explained to him, he understands them, and he voluntarily enters into the loan transaction.
Section 37-23-80. 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 or contemplated by the parties in good faith to be advanced does not exceed one hundred fifty thousand dollars.
Section 37-23-85. A lender of a consumer home loan who acts in good faith but fails to comply with this article does not violate this article if the lender establishes that either:
(1) within forty-five 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 to make the consumer home loan satisfy the requirements of Section 37-23-70, 37-23-75, or 37-23-80; or
(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 to make the consumer home loan satisfy the requirements of Sections 37-23-70, 37-23-75, and 37-23-80. 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."
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), 37-10-103, and 37-23-80."
SECTION 3. A. 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. 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.
(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
(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."
B. 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 lesser than five hundred dollars in the
C. 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 Sections 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 percentage rate actually disclosed. With respect to disclosures required by Sections 37-2-309 or 37-3-308, a creditor has the liability stated in subsection (1)(a) if:
(a) the creditor fails to give the disclosures required by Sections 37-2-309 or 37-3-308; or
(b) 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; and except that a lender is not liable unless the credit sale or loan transaction is consummated."
D. 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 4. Section 37-5-108(4) of the 1976 Code is amended to read:
"(4)(a) In applying subsection (1), consideration must be given to each of the following applicable factors, among others, such as, applicable but without limitation:
(a) belief by the seller, lessor, or lender at the time a transaction is entered into that there is no reasonable probability of payment in full of the obligation by the consumer or debtor; provided, however, that the rental renewals necessary to acquire ownership in a consumer rental-purchase agreement shall not be construed to be the obligation contemplated in this code section;
(b) (i) in the case of a consumer credit sale, consumer lease, or consumer rental-purchase agreement, knowledge by the seller or lessor at the time of the sale or lease of the inability of the consumer to receive substantial benefits from the property or services sold or leased;
(c) (ii) in the case of a consumer credit sale, consumer lease, consumer rental-purchase agreement, or consumer loan, gross disparity between the price of the property or services sold, leased, or loaned and the value of the property, services, or loan measured by the price at which similar property, services, or loans are readily obtainable in consumer credit transactions by like consumers;
(d)(iii) the fact that the creditor contracted for or received separate charges for insurance with respect to a consumer credit sale, consumer loan, or consumer rental-purchase agreement with the effect of making the sale or loan unconscionable, considered as a whole, unconscionable, when including the sale of insurance where from which the consumer could receive receives no potential benefit as referenced in Section 37-4-106(1)(a);
(e) (iv) the fact that the seller, lessor, or lender knowingly has knowingly taken advantage of the inability of the consumer or debtor reasonably to protect his interests by reason of physical or mental infirmities, ignorance, illiteracy, inability to understand the language of the agreement, or similar factors;
(f) (v) taking a nonpurchase money, nonpossessory security interest in household goods defined as the following: clothing, furniture, appliances, one radio and one television, linens, china, crockery, kitchenware, and personal effects, (including wedding rings) of the consumer and his or her dependents; provided except, that when a purchase money consumer credit transaction is refinanced or consolidated, the security lawfully collateralizing the prior previous consumer credit transaction can continue continues to secure the new consumer credit transaction, even if the new consumer credit transaction is for a larger amount or is in other respects a nonpurchase
In construing subsection (f) subitem (v), the courts shall must be guided by the interpretations and rulings of the federal courts and the Federal Trade Commission to the Credit Trade Regulation Rule (16 C.F.R. PART 444).
(b) In applying subsection (1), consideration may be given to the extension of credit to a consumer if, considering the consumer's current and expected income, current obligations, and employment status, the creditor knows or should know that the consumer is unable to make the scheduled payment on the obligation when due. Rental renewals necessary to acquire ownership in a consumer rental-purchase agreement are not obligations contemplated in this item (b)."
SECTION 5. 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 six additional periods, not to exceed two hundred forty days, 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 sixth renewal period. After the maturity of the final renewal period the borrower may repay the remaining principal, without additional interest, in six 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. Fees must not be charged, other than the lien recording fee in the exact amount of the governmental entity's charge.
(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 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 6. 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 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.
(C) No mortgage broker or originator charged with the violation may be held liable in an action brought under this section for a violation if the mortgage broker or originator charged with the violation shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error.
SECTION 7. 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 8. 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,
Amend title to conform.
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 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 PROVIDE FOR ENFORCEMENT BY THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, ATTORNEY GENERAL, COMMISSIONER OF BANKING, THE DIRECTOR OF THE CONSUMER FINANCE DIVISION, 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
Robert W. Hayes, Jr., Chairman Harry F. Cato, Vice Chairman Linda H. Short Converse A. Chellis III Darrell Jackson Joseph H. Neal On Part of the Senate. On Part of the House.
Rep. CATO explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. J. BROWN moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
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
H. 4026 (Word version) -- Reps. W. D. Smith, Delleney and F. N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 28, 2003, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2007; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2007.
H. 4177 (Word version) -- Reps. Koon, Quinn, W. D. Smith, Clark and Frye: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSTATE INTERCHANGE OF INTERSTATE 20 AND ROAD 204 AT EXIT 51 IN LEXINGTON COUNTY AS THE "CHARLIE ROUNTREE, JR. JUNIOR GOLF INTERCHANGE" AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE ROAD INDICATING THIS DESIGNATION IN RECOGNITION OF MR. CHARLIE ROUNTREE'S TIRELESS COMMITMENT TO THE GAME OF GOLF WITH EMPHASIS ON THE JUNIOR GOLF PROGRAM IN SOUTH CAROLINA.
H. 4199 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE SPRING VALLEY HIGH SCHOOL "VIKINGS" OF COLUMBIA AND THEIR COACH, JOHN JONES, ON WINNING THE 2003 CLASS AAAA TRACK AND FIELD CHAMPIONSHIP TITLE AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION THROUGHOUT THEIR SEASON.
H. 4204 (Word version) -- Reps. J. H. Neal, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn,
H. 4213 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE DREHER HIGH SCHOOL "DEVILS" OF COLUMBIA AND THEIR COACH, DANIEL BROOKS, ON WINNING THE 2003 CLASS AAA GIRLS' TRACK AND FIELD STATE CHAMPIONSHIP TITLE AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION THROUGHOUT THEIR SEASON.
H. 4214 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE THE RICHLAND NORTHEAST HIGH SCHOOL'S MODEL UNITED NATIONS CLUB AND THE CLUB'S SPONSOR-ADVISER, MS. LYNN WASHINGTON, ON WINNING A FOURTEENTH CONSECUTIVE FIRST PLACE AWARD AT THE NATIONAL HIGH SCHOOL MODEL UNITED NATIONS CONFERENCE.
H. 4215 (Word version) -- Reps. Walker, W. D. Smith, Davenport, Littlejohn, Lee, Talley, Sinclair, Mahaffey and Anthony: A CONCURRENT
H. 4216 (Word version) -- Reps. Scott, 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, 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, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MRS. MERCY P. OWENS OF COLUMBIA FOR HER MANY YEARS OF SERVICE TO THE BANKING INDUSTRY IN THE STATE OF SOUTH CAROLINA, UPON RETIRING FROM HER CURRENT POSITION AS SENIOR VICE PRESIDENT OF SOUTH CAROLINA COMMUNITY DEVELOPMENT OF WACHOVIA BANK, N.A., AND TO WISH HER MANY YEARS OF CONTINUED HAPPINESS.
H. 4217 (Word version) -- Reps. Scott, 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,
At 11:20 a.m. the House, in accordance with the motion of Rep. SCOTT, adjourned in memory of Sam Washington of Columbia, to meet at 10:00 a.m. tomorrow.
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