Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, out of the past come these words, II Chronicles 7:12-15:

"Then the Lord appeared to Solomon in the night and said to him: 'I have heard your prayer... if my people... humble themselves, pray, seek my face and turn from their wicked ways, then I will hear from heaven, and will forgive their sin and heal their land'."
Let us pray.

Father, what a deal! You took the initiative! You will HEAR, FORGIVE and HEAL (immediate response) if they will "humble themselves, pray, seek my face, and turn from their wicked ways."

Lord, if ever we needed divine wisdom and guidance and stamina, we need it now.

We pray: Speak to Saddam, to his people and misguided compatriots, to our President, to the United Nations, to our leadership at every level, and to our fighting women and men... and speak peace to all who deserve it.

Help us to be faithful!
Amen!

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

The following appointments were transmitted by the Honorable Mark C. Sanford:

Initial Appointment, Director, Department of Health and Human Services, with term coterminous with Governor

Robert M. Kerr, 116 Winners Circle, Lexington, S.C. 29072 VICE William A. Prince

Referred to the Committee on Medical Affairs.

Initial Appointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 2001, and to expire June 30, 2005

At-Large - Chairman:

Elizabeth Hagood, 46 South Battery, Charleston, S.C. 29401 VICE Brad Wyche

Referred to the Committee on Medical Affairs.

On motion of Senator VERDIN, at 12: 10 P.M., Senator RAVENEL was granted a leave of absence for today.

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when it adjourned today, it stand adjourned to meet tomorrow at 11:45 A.M. for the invocation and the Pledge of Allegiance and, following the Pledge of Allegiance the Senate would stand in recess for the purpose of attending the Joint Assembly; and, further, that upon the conclusion of the Joint Assembly tomorrow, the Senate would stand in recess until 2:30 P.M.

S. 438 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING VARIOUS SECTIONS OF TITLE 37, RELATING TO CONSUMER PROTECTION AND BY ADDING CHAPTER 23 TO TITLE 37, SO AS TO ENACT THE SOUTH CAROLINA HIGH-COST AND CONSUMER HOME LOANS ACT, TO PROVIDE THAT A VIOLATION OF THE HIGH-COST HOME LOAN ACT IS AN UNFAIR TRADE PRACTICE PURSUANT TO CHAPTER 5 OF TITLE 39, AND TO PROVIDE FOR REMEDIES AND PENALTIES FOR VIOLATIONS OF THE HIGH-COST HOME LOAN ACT. (ABBREVIATED TITLE)

The House returned the Bill with amendments.

Senator THOMAS proposed the following amendment (438R021.MRH), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/

SECTION   1.   Title 37 of the 1976 Code is amended by adding:

Section 37-23-10.   (A)   This chapter may be cited as the 'South Carolina High-Cost and Consumer Home Loans Act'.

(B)   A municipality or county may not enact any ordinance or law that regulates the terms of high-cost home loans or consumer home loans.

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

(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-eight 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 lesser of:

(i)   the conforming loan size limit for a single-family dwelling as established from time to time by the Federal National Mortgage Association; or

(ii)   three hundred thousand dollars;

(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 (14) 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

(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;

(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 and written in connection with the real estate secured transaction, except as provided in subitem (f); and

(f)   'points and fees' does not include:

(i)   taxes, filing fees, recording, and other charges and fees 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 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, and the person receiving the fee does not receive direct or indirect compensation, for the following: fees for tax payment services, fees for flood certification, fees for pest infestation and flood determinations, appraisal fees, fees for inspections performed before closing, credit reports, surveys, attorney's fees if the borrower has the right to select the attorney, commissions, and other compensation paid to licensed real estate brokers and agents, notary fees, escrow charges, and flood insurance premiums not otherwise included pursuant to subitem (a);

(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

(iv)   fees or charges payable or paid by a party in connection with a local, state, or federal government-sponsored mortgage insurance or guaranty program including, but not limited to, Federal Housing Administration, Veterans Administration, South Carolina Housing Finance and Development Authority programs, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Home Loan Bank, or price adjustment;

(v)   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 and written in connection with a transaction for 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 and is not secured by an interest in real estate.

(14)   '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 1602(aa)]), as amended, and regulations adopted pursuant to it by the Federal Reserve Board, including Section 226.32 of Title 12 of the Code of Federal Regulations, as amended, except with regard to a mortgage or loan secured by a nonreal estate manufactured housing lien, the term 'threshold' means the annual percentage rate of the

(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.

(15)   '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.

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 information that must be provided by the lender and reviewed by the consumer credit counselor;

(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

(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 in excess of one percent of the total loan amount; or

(c)   other charges payable to third parties, unless those charges are specifically excluded from 'points and fees' pursuant to Section 37-23-20(13)(f);

(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,

(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 to recover from the lender or party charged with the violation, 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. A borrower may not bring an action for a violation of this article more than six years after the violation occurred. This subsection does not bar a borrower from asserting a violation of this article in an action to collect a debt if the action is brought more than six years from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action; and

(B)(1)   If the court finds, as a matter of law, that the agreement or transaction violated the provisions of this article at the time it was made, the court may:

(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 the 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.

(C)   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 borrower the costs of the action and to his attorney his reasonable fee. In determining the attorney's fees, the amount of the recovery on behalf of the borrower is not controlling.

(D)   This article establishes specific consumer protections in consumer home loans in addition to other consumer protections that may be otherwise available by law.

(E)   The provisions of this article apply to:

(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.

(F)   The Administrator of the Department of Consumer Affairs, the Attorney General, the Commissioner of Banking, 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

Section 37-23-70.   (A)   It is unlawful for a lender in a consumer home loan to finance, directly or indirectly, credit life, disability, 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 in a real estate secured transaction. Notwithstanding any provision of law in this chapter, this subsection does not apply to 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 borrowers principal dwelling and is not secured by an interest in real estate.

(B)   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 the threshold specified in Section 37-23-20(14).

(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 a copy of the document acknowledging receipt of this disclosure and the copy must be maintained in the files of the mortgage broker or originator.

(E)   The making of a consumer home loan that violates this section is a violation of the provisions of this article and the borrower has a right in action to recover from the lender or party charged with the

(F)(1)   If the court finds, as a matter of law, that the agreement or transaction violated the provisions of this article at the time it was made, the court may:

(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 the 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.

(G)   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 attorney his reasonable fee. In determining the attorney's fees, the amount of the recovery on behalf of the debtor is not controlling.

(H)   This article establishes specific consumer protections in consumer home loans in addition to consumer protections that may be otherwise available by law.

(I)   The Administrator of the Department of Consumer Affairs, the Attorney General, the Commissioner of Banking, or a party to a consumer home loan may enforce the provisions of this article. The penalties and remedies provided in this article are in addition to and

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

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 or contemplated by the parties in good faith to be advanced does 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 the transaction as previously disclosed was not an alternative mortgage transaction;

(c)   a term or fee in the transaction or combination of terms or fees causing the annual percentage rate to vary more than one quarter of one percent of the annual percentage rate previously disclosed; or

(d)   any insurance premiums, prepaid finance charges, third-party fees, or preparation charges that vary from the previously disclosed insurance premiums, prepaid finance charges, third-party fees, or preparation charges by the lesser of five hundred dollars in the aggregate or one percent of the estimated amount disclosed pursuant to subsection (A) above."

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

(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 aggregate or one percent of the estimated amount disclosed pursuant to subsection (A) above."

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,

(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."

SECTION   4.   A.   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,

(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 money consumer credit transaction; and provided further, that a nonpurchase money, nonpossessory security interest may be taken in the following: a (i) work of art;, (ii) electronic entertainment equipment, (except one television and one radio);, (iii) items acquired as antiques and which are over one hundred years of age;, and (iv) jewelry, (except wedding rings).

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)."

B.   Section 37-3-201(2) of the 1976 Code is amended to read:

"(2)   With respect to a consumer loan, including a loan pursuant to open-end credit, a supervised lender may contract for and receive a loan finance charge as provided follows on a loan:

(a)   on loans with a cash advance not exceeding six hundred dollars, a maximum charge not exceeding the maximum charges

(b)   on loans with a cash advance exceeding six hundred dollars, and on all loans a loan, regardless of the dollar amount, made by Supervised Financial Organizations, any a rate filed and posted pursuant to Section 37-3-305; or

(c)   on loans of any amount, eighteen percent per a year on the unpaid balances of principal; or

(d)   in an amount in excess of six hundred dollars with scheduled loan payments of fewer than one hundred twenty days, a rate that does not exceed the rate posted and filed pursuant to Section 37-3-305 during the term of the loan for not more than six renewals not to exceed two hundred forty days. Notwithstanding another provision of law, interest must not be charged upon past due interest on loans made pursuant to this subsection. In connection with loans made pursuant to this subsection:

(i)   the lender must disclose in writing to the borrower, before the loan transaction is finalized, the daily, monthly, and yearly interest rates;

(ii)   a prepayment penalty must not be imposed;

(iii)   fees must not be charged, other than the lien recording fee in the exact amount of the governmental entity's charge;

(iv)   after not more than six renewals not to exceed two hundred forty days, the interest freezes and principal is payable in six equal monthly installments over one hundred eighty days; and

(v)   notwithstanding another provision of law, the lender must extend a twenty-day right-to-cure period before exercising his right to repossess the vehicle represented by the title securing the loan."

SECTION   5.   Chapter 58 of Title 40 of the 1976 Code is amended by adding:

"Section 40-58-72.   (A) A mortgage broker or originator, in addition to duties imposed by other statutes or at common law, shall:

(1)   safeguard and account for any money handled for the borrower;

(2)   follow reasonable and lawful instructions from the borrower;

(3)   act with reasonable skill, care, and diligence; and

(4)   make reasonable efforts, with lenders with whom the broker regularly does business to secure a loan that is reasonably advantageous to the borrower considering all the circumstances, including the rates, charges, and repayment terms of the loan and the loan options for which the borrower qualifies with such lenders.

(B)   If a mortgage broker or originator wilfully and intentional violates the provisions of this section when placing or negotiating a mortgage loan, the borrower has a right in action, other than a class action, to recover from the mortgage broker, or originator charged with the violation, a penalty in an amount determined by the court of not less than one thousand five hundred dollars and not more than seven thousand five hundred dollars per mortgage loan transaction if the borrower prevails and shows that the action of the mortgage broker or originator is wilful and intentional. No borrower may bring a class action for a violation of this section. No borrower may bring an action for a violation of this section more than three years after the violation occurred.

(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.

(D)(1) If the court finds as a matter of law that a violation of subsection (A) of this section is unconscionable within the meaning of Section 37-5-108, the court may, in an action other than a class action, award not more than the mortgage broker's fee.

(2) An action pursuant to this section may not be brought more than three years after the violation occurred.

(E)   A violation of this section does not impair rights on a debt.

(F)   A mortgage broker or an originator is not liable for any penalty under this section if he notifies the borrower of a violation before the mortgage broker or an originator receives from the borrower written notice of the violation or the borrower has brought an action under this section, and the mortgage broker or an originator corrects the violation within sixty days after notifying the borrower. If the violation consists of a prohibited agreement, giving the borrower a corrected copy of the writing containing the violation is sufficient notification and correction. If the violation consists of an excess charge or accounting of money, correction shall be made by an adjustment or refund. The Administrator and any official or agency of this State having

(G)   In an action in which it is found that a mortgage broker and an originator has violated this section, the court shall award to the borrower, if he prevails, 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.

(H)   The borrower cannot bring separate or multiple actions on a mortgage loan transaction against a mortgage broker and an originator working for the same mortgage broker. The remedies pursuant to this section are the total amount of recoverable remedies that a borrower may seek and obtain for each mortgage loan transaction in which a mortgage broker or originator is charged with a wilful and intentional violation."

SECTION   6.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   7.   Upon approval by the Governor, this act takes effect on July 1, 2004, except that Section 37-23-20(13)(e) and 37-23-70(A) and all sections concerning credit life, accident, health, or loss-of-income insurance or debt cancellation insurance take effect on January 1, 2005.                       /

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the House amendment.

There being no further amendments, the Bill was ordered returned to the House with amendments.

The following were introduced:

S. 561 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 38-77-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES FOR RECOVERY IN A CASE IN WHICH A VEHICLE CAUSES BODILY INJURY OR PROPERTY DAMAGE, SO AS TO INCLUDE DEPOSITIONS AND SWORN TESTIMONY WITHIN THE TYPES OF TESTIMONY PERMITTED BY A WITNESS OTHER THAN THE PLAINTIFF WHEN THE PLAINTIFF'S INJURY WAS CAUSED BY AN UNKNOWN VEHICLE.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 562 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE AND DEFINE "VOTING SYSTEM"; TO AMEND SECTION 7-13-1320, RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO RESTRICT THEIR USAGE ONLY IN ABSENTEE VOTING; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO DELETE REFERENCES TO A MACHINE BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY; AND TO REPEAL SECTION 7-13-1310, RELATING TO THE USE OF VOTE RECORDERS, SECTION 7-13-1650, RELATING TO EXPERIMENTAL USE OF VOTING MACHINES, AND SECTION 7-13-1660, RELATING TO THE ACQUISITION AND USE OF APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY.
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Read the first time and referred to the Committee on Judiciary.

S. 563 (Word version) -- Senator Martin: A BILL TO AMEND ARTICLE 7, CHAPTER 15 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS AND ABSENTEE

Read the first time and referred to the Committee on Judiciary.

S. 564 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, AND HUNTING METHODS OF WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2819, PURSUANT TO THE PROVISIONS OF ARTICLE 1, SECTION 12, ACT 176 OF 1977.
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Read the first time and ordered placed on the Calendar without reference.

S. 565 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO GROINS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2758, PURSUANT TO THE PROVISIONS OF CHAPTER 39, TITLE 48 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 566 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO THE CONSTRUCTION OF POOLS IN AREAS SEAWARD OF THE BASELINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2759, PURSUANT TO THE PROVISIONS OF CHAPTER 39, TITLE 48 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 567 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO CONGRATULATE GEORGE M. SMITH OF COLUMBIA UPON THE OCCASION OF HIS RETIREMENT FROM THE WIL LOU GRAY OPPORTUNITY SCHOOL AFTER TWENTY-FIVE YEARS OF DEDICATED SERVICE AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN ALL OF HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 568 (Word version) -- Senators Knotts, Verdin, Kuhn, Thomas, Courson, Peeler, Grooms, Leatherman, Giese, Branton, Gregory, McConnell, Fair, Waldrep and Mescher: A BILL TO AMEND CHAPTER 23, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCEPTIONS FOR CARRYING A CONCEALED WEAPON, SO AS TO PROVIDE THAT RETIRED LAW ENFORCEMENT OFFICERS AND OFFICERS CERTIFIED IN OTHER STATES WHO SUBSEQUENTLY BECOME RESIDENTS OF THIS STATE MAY CARRY A CONCEALED WEAPON IF THEY COMPLETE AN INITIAL STATE CONSTABLE COURSE AND ARE RE-CERTIFIED ANNUALLY.
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Read the first time and referred to the Committee on Judiciary.

S. 569 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO ENDORSE THE WORK OF THE SOUTH CAROLINA PUBLIC HEALTH ASSOCIATION FOR PROVIDING INCREASED COORDINATION AND PARTICIPATION AMONG AGENCIES, ORGANIZATIONS, AND COALITIONS AT THE LOCAL, COUNTY, AND STATE LEVELS THAT ADVOCATE FOR THE ELIMINATION OF DISPARITIES OF HEALTH AND FOR

On motion of Senator GIESE, with unanimous consent, the Concurrent Resolution was adopted, ordered sent to the House.

S. 570 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF FINANCIAL IDENTITY FRAUD, SO AS TO DELETE A PERSON'S INTENT TO UNLAWFULLY APPROPRIATE THE FINANCIAL RESOURCES OF A PERSON TO HIS OWN USE OR THE USE OF A THIRD PARTY AS AN ELEMENT OF FINANCIAL IDENTITY FRAUD.
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Read the first time and referred to the Committee on Judiciary.

S. 571 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. JAMES E. YOUNG OF CHARLESTON ON BEING NAMED THE 2003 HUMAN RESOURCES PROFESSIONAL OF THE YEAR.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3044 (Word version) -- Reps. Sheheen, Coleman and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-112 SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM ISSUING PERMITS TO CONSTRUCT OR OPERATE A NEW REGIONAL WASTE WATER TREATMENT FACILITY THAT DISCHARGES INTO WATERS INCLUDED IN THE CATAWBA RIVER BASIN UNLESS A COMPREHENSIVE WATER QUALITY STUDY IS CONDUCTED AND TO SPECIFY ISSUES TO BE ADDRESSED IN THE STUDY.

Read the first time and referred to the Committee on Medical Affairs.

H. 3234 (Word version) -- Rep. Leach: A BILL TO AMEND SECTION 2-19-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,

Read the first time and referred to the Committee on Judiciary.

H. 3333 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 56-5-2770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNALS AND MARKINGS ON SCHOOL BUSES, AND PROCEDURES RELATING TO THE LEGAL PASSING OF A BUS, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH THE DRIVER OF A VEHICLE NEED NOT STOP UPON MEETING A STOPPED SCHOOL BUS, AND THE CIRCUMSTANCES UPON WHICH THE DRIVER OF A VEHICLE MUST STOP UPON MEETING OR PASSING A STOPPED SCHOOL BUS, AND TO PROVIDE THAT A SCHOOL BUS ROUTE THAT REQUIRES PASSENGERS TO BE OFF-LOADED ALONG A MULTI-LANE HIGHWAY MUST BE DESIGNED TO ENSURE THAT A STUDENT IS NOT REQUIRED TO CROSS A FOUR OR MULTI-LANE HIGHWAY.

Read the first time and referred to the Committee on Transportation.

H. 3455 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 44-63-161, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS INVOLVING VITAL STATISTICS, SO AS TO INCREASE THE PENALTY FOR VIOLATING CERTAIN PROVISIONS OF THIS SECTION, AND TO MAKE TECHNICAL CHANGES.

Read the first time and referred to the Committee on Judiciary.

H. 3460 (Word version) -- Reps. Jennings, Lucas, F. N. Smith, Bales and Hayes: A BILL TO AMEND SECTION 14-7-860, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THAT A PERSON WHO IS THE PRIMARY CARETAKER OF A PERSON SIXTY-FIVE YEARS OF AGE OR OVER OR OF A SEVERELY DISABLED PERSON WHO CANNOT OTHERWISE CARE FOR

Read the first time and referred to the Committee on Judiciary.

H. 3555 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-31 AND 5-7-31 SO AS TO PROVIDE THAT COUNTIES AND MUNICIPALITIES MAY NOT ENACT ANY ORDINANCE THAT SUPERSEDES OR IMPOSES A MORE STRINGENT STANDARD THAN THE STANDARDS ESTABLISHED BY ACT 460 OF 1996.

Read the first time and referred to the Committee on Judiciary.

H. 3673 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 20-7-776, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENCY PLANNING HEARINGS FOR CHILDREN IN FOSTER CARE, SO AS TO FURTHER SPECIFY PROCEDURES FOR THESE HEARINGS; TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO SHOW COMPELLING REASONS FOR A PERMANENCY PLAN THAT DOES NOT REUNITE A CHILD WITH HIS PARENTS OR A RELATIVE AND DOES NOT TERMINATE PARENTAL RIGHTS AND TO REQUIRE THE COURT TO FIND COMPELLING REASONS FOR APPROVING SUCH A PLAN; AND TO FURTHER SPECIFY THE COURT'S AUTHORITY AND STANDARDS THAT MUST BE MET AFTER ADOPTION VIABILITY IS CONSIDERED, FOSTER CARE IS CONTINUED, AND TERMINATION OF PARENTAL RIGHTS IS NOT INITIATED; TO AMEND SECTION 20-7-768, RELATING TO STANDARDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO REQUIRE THE COURT TO FIND COMPELLING REASONS FOR NOT INITIATING TERMINATION OF PARENTAL RIGHTS UNDER CERTAIN CIRCUMSTANCES, RATHER THAN PRESUMING THAT SUCH CIRCUMSTANCES IN AND OF THEMSELVES ARE COMPELLING REASONS; AND TO AMEND SECTION 20-7-1640, AS AMENDED, RELATING TO FINGERPRINT REVIEWS OF FOSTER CARE LICENSE APPLICANTS, SO AS TO DELETE PROVISIONS AUTHORIZING THE DEPARTMENT TO ISSUE TEMPORARY LICENSES PENDING RECEIPT OF THE RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION REVIEW.

Read the first time and referred to the Committee on Judiciary.

H. 3684 (Word version) -- Rep. Lucas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4495 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR PERSONS TO DISPLAY ON THEIR PERSONALLY OWNED VEHICLES CERTAIN COLORED LIGHTS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A PENALTY FOR PERSONS WHO VIOLATE A PROVISION CONTAINED IN THIS SECTION.

Read the first time and referred to the Committee on Transportation.

H. 3722 (Word version) -- Reps. Jennings, Bales and Limehouse: A BILL TO AMEND SECTION 17-5-535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS AUTHORIZED TO VIEW PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY AND THE PENALTY FOR VIOLATING THIS PROVISION, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES IN WHICH PHOTOGRAPHS, VIDEOS, AND AUDIO RECORDINGS OF AN AUTOPSY MAY BE VIEWED.

Read the first time and referred to the Committee on Judiciary.

H. 3874 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO APPLICATION FOR TEACHING CREDENTIAL-REQUIRED DOCUMENTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2774, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Education.

H. 3902 (Word version) -- Reps. Witherspoon, Duncan, M. A. Pitts, Taylor and Umphlett: A BILL TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO REVISE THE DEFINITION OF "FEDERAL LAW ENFORCEMENT OFFICER" TO INCLUDE UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE LAW ENFORCEMENT OFFICERS AND SPECIAL AGENTS.

Read the first time and referred to the Committee on Judiciary.

H. 3904 (Word version) -- Reps. Tripp, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO CONTINUE TO ALLOW THE STATES TO REGULATE INSURANCE COMPANIES, AND TO OPPOSE ANY PROPOSAL TO ESTABLISH EITHER A FEDERAL OR A BIFURCATED SYSTEM OF INSURANCE REGULATION OR TO CEDE AUTHORITY TO FEDERAL AGENCIES TO REGULATE FINANCIAL INSTITUTIONS INVOLVED IN THE BUSINESS OF INSURANCE.

The Concurrent Resolution was introduced and referred to the General Committee.

H. 3906 (Word version) -- Rep. Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-311 SO AS TO ALTER THE COUNTY LINES OF HORRY AND GEORGETOWN COUNTIES BY ANNEXING A CERTAIN PORTION OF GEORGETOWN TO HORRY COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS.

Read the first time and referred to the Committee on Judiciary.

H. 3907 (Word version) -- Reps. Barfield, Clemmons, Edge, Keegan and Viers: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME CONWAY PERIMETER ROAD WHICH CONNECTS UNITED STATES HIGHWAY 501 IN CONWAY WITH UNITED STATES HIGHWAY

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 3908 (Word version) -- Reps. Barfield, Cato, Clemmons, Keegan, Viers, Wilkins and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE REPUBLIC OF CHINA (TAIWAN) FOR ITS CONTRIBUTIONS TO PROMOTE WORLD PEACE, FREEDOM, AND HUMAN RIGHTS, AND FOR SUPPORTING ITS EFFORTS TOWARDS THE PEACE AND STABILITY OF THE ASIAN PACIFIC REGION.

The Concurrent Resolution was introduced and referred to the General Committee.

H. 3926 (Word version) -- Reps. Limehouse, Howard, Sandifer, Koon, Harrell, Scarborough, J. E. Smith, Govan, Townsend, J. M. Neal, Cato, Rhoad, E. H. Pitts, Altman, Battle, Bingham, Bowers, Breeland, Chellis, Clark, Clemmons, Dantzler, Edge, Emory, Freeman, Gourdine, Hamilton, Harrison, Haskins, Herbkersman, J. Hines, Jennings, Leach, Littlejohn, Mahaffey, McLeod, Merrill, Miller, Moody-Lawrence, Owens, Parks, M. A. Pitts, Rice, Richardson, Rivers, Rutherford, Simrill, Skelton, D. C. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Talley, Toole, Tripp, Umphlett, Vaughn, Walker, Whitmire, Wilkins, Bales and Bailey: A BILL TO AMEND SECTION 59-149-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DURATION OF LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT A STUDENT RECEIVING A LIFE SCHOLARSHIP ON AND AFTER SEPTEMBER 11, 2001, WHO IS A MEMBER OF THE NATIONAL GUARD OR RESERVES AND WHO IS CALLED TO ACTIVE DUTY AFTER THIS DATE IN CONNECTION WITH THE CONFLICT IN IRAQ OR THE WAR ON TERRORISM SHALL HAVE ADDITIONAL SEMESTERS TO COMPLETE HIS ELIGIBILITY EQUAL TO THE SEMESTER HE WAS ACTIVATED PLUS ANY ADDITIONAL SEMESTERS OR PORTIONS OF SEMESTERS MISSED AS A RESULT OF THE ACTIVATION.

Read the first time and referred to the Committee on Education.

H. 3927 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 3933 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO WITCHWEED QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2814, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 3934 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO PLUM POX VIRUS QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2791, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:

S. 392 (Word version) -- Senator Hayes: 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 10 SO AS TO PROVIDE FOR THE REGISTRATION AND LICENSING OF ALL-TERRAIN VEHICLES.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a favorable report on:

H. 3869 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAMS-KINDERGARTEN OBJECTIVES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2746, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a favorable report on:

H. 3870 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM-READINESS TEST, DESIGNATED AS REGULATION DOCUMENT NUMBER 2747, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a favorable report on:

H. 3872 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INTERVENTION WHERE QUALITY OF EDUCATION IN A LOCAL SCHOOL DISTRICT IS IMPAIRED, DESIGNATED AS REGULATION DOCUMENT NUMBER 2744, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a favorable report on:

H. 3878 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DISPOSITION OF TEXTBOOK SAMPLES AFTER STATE ADOPTION PROCESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2745, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

S. 469 (Word version) -- Senators Grooms and Branton: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 61 IN DORCHESTER COUNTY FROM WALTERBORO ROAD TO THE SOUTHERNMOST INTERSECTION OF OLD BEECH HILL ROAD AND HIGHWAY 61 IN MEMORY OF CLEMENT SINGLETON, SR. AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE ROAD INDICATING THIS DESIGNATION IN RECOGNITION OF MR. SINGLETON'S YEARS OF HARD WORK AND SERVICE TO HIS COMMUNITY AND THIS STATE.

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 3353 (Word version) -- Reps. Rhoad, Ott, Frye, Koon, Snow, Witherspoon, R. Brown, Coates, Cobb-Hunter, J.E. Smith, Hayes, Anthony, Bales, G. Brown, Emory, Kennedy, Kirsh, Limehouse, McCraw, J.M. Neal, Phillips, Rivers, Scarborough, G.M. Smith, Tripp, Umphlett and Lloyd: A BILL TO AMEND SECTION 50-11-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BRINGING INTO OR RELEASING A COYOTE IN THIS STATE BEING UNLAWFUL, SO AS TO PROVIDE AN EXCEPTION, AND TO DELETE THE REQUIREMENT THAT A PERMIT BE OBTAINED BEFORE TRAPPING COYOTES OUTSIDE THE PRESCRIBED TRAP DISTANCE LIMITS; TO AMEND SECTION 50-11-1765, AS AMENDED, RELATING TO POSSESSION, SALE, OR IMPORTATION OF LIVE WOLVES AND COYOTES, SO AS TO PROVIDE EXCEPTIONS; TO AMEND SECTION 50-11-2480, AS AMENDED, RELATING TO PERSONS NOT REQUIRED TO OBTAIN FUR DEALER, BUYER, OR PROCESSOR'S LICENSE, SO AS TO PROVIDE THAT A PERSON WHO OWNS A COYOTE HUNTING ENCLOSURE AND IS PERMITTED BY THE DEPARTMENT OF NATURAL RESOURCES TO PURCHASE

Senator GREGORY explained the Bill.

Having voted on the prevailing side, Senator HAWKINS moved to reconsider the vote whereby the Bill was given a third reading.

Senator HAWKINS spoke on the motion.

The question then was the motion to reconsider.

The motion to reconsider the vote whereby the Bill was given a third reading failed.

The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 215 (Word version) -- Senators McConnell, Moore, Ford and Knotts: A BILL TO AMEND VARIOUS SECTIONS OF TITLE 2 OF THE 1976 CODE, RELATING TO LOBBYIST AND LOBBYING, AND TO AMEND VARIOUS SECTIONS OF TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, GOVERNMENT, AND ACCOUNTABILITY. (ABBREVIATED TITLE)

S. 389 (Word version) -- Senators Ritchie, Hayes, Land, Hawkins, Hutto and Malloy: A BILL TO AMEND SECTION 8-21-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTION FEES IN THE COURT OF COMMON PLEAS AND FAMILY COURT, SO AS TO PROVIDE THAT NO FEE SHALL BE CHARGED FOR FILING A CONSENT ORDER FOR DISMISSAL OF ANY CIVIL ACTION.

S. 489 (Word version) -- Senators Ravenel and McGill: A BILL TO AMEND SECTION 50-11-940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON OTHER THAN A TRUSTEE, EMPLOYEE, OR AGENT OF THE FOUNDATION OR A PERSON AUTHORIZED BY THE FOUNDATION TO TRAP, HUNT, MOLEST, OR ATTEMPT TO MOLEST A BIRD, WILD FOWL, OR GAME, INCLUDING WILD HOGS, WITHIN THE REFUGE, OR TO TRESPASS IN ANY MANNER UPON THE PROPERTY OF THE BELLE W. BARUCH FOUNDATION FOR THAT PURPOSE.

Senator GREGORY explained the Bill.

S. 544 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 2-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF JUDGES, SO AS TO PROVIDE THAT IN ORDER TO BE ELECTED, A JUDICIAL CANDIDATE MUST RECEIVE A MAJORITY VOTE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE MEMBERS OF THE SENATE VOTING IN JOINT SESSION; AND TO AMEND CHAPTER 1, TITLE 2 BY ADDING SECTION 2-1-95, SO AS TO PROVIDE THAT IN ORDER TO BE ELECTED, ANY CANDIDATE ELECTED BY THE GENERAL ASSEMBLY IN JOINT SESSION MUST RECEIVE A MAJORITY VOTE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND A MAJORITY VOTE OF THE MEMBERS OF THE SENATE VOTING IN THE JOINT SESSION.

S. 318 (Word version) -- Senators Peeler, Grooms, Ritchie, Hayes, Giese, Ryberg, Verdin, Mescher, Kuhn, Richardson, Setzler, Branton, Waldrep and Gregory: A JOINT RESOLUTION ESTABLISHING A COMMITTEE TO STUDY THE FEASIBILITY OF COMBINING THE MAINTENANCE SHOP OPERATIONS OF THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION AND STATE

The Senate proceeded to a consideration of the Resolution, the question being the third reading of the Resolution.

Senator FAIR proposed the following amendment (318R004.MLF), which was adopted:

Amend the bill, as and if amended, page 1, line 37, by adding after / voting member, / the following:

/     the Director of the Department of Corrections, or his designee, who shall serve as an ex officio voting member, /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

There being no further amendments, the Resolution was read the third time and ordered sent to the House of Representatives.

S. 344 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 59-25-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEACHERS, SO AS TO CHANGE THE NAME OF THE SOUTH CAROLINA CENTER FOR TEACHER RECRUITMENT TO THE CENTER FOR EDUCATOR RECRUITMENT, RETENTION, AND ADVANCEMENT OF SOUTH CAROLINA (CERRA-SOUTH CAROLINA).

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senator HAYES proposed the following amendment (344R001.RWH), which was adopted:

Amend the bill, as and if amended, SECTION 1, page 1, by striking lines 26-27 and inserting:

/     "Section 59-25-55.   The South Carolina Center for Teacher Recruitment Educator Recruitment, Retention, and Advancement of South Carolina (CERRA-South Carolina)       /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:

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.

S. 495 (Word version) -- Senators Knotts, Courson, Waldrep, Martin and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5635 SO AS TO ESTABLISH A PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER MAY HAVE A VEHICLE TOWED AND PROVIDE FOR THE DISPOSAL OF THE VEHICLE; TO AMEND SECTION 16-11-760, RELATING TO PARKING ON PRIVATE PROPERTY WITHOUT THE CONSENT OF THE OWNER OF THE PROPERTY, SO AS TO DELETE PROVISIONS RELATING TO A LIEN PLACED ON THE VEHICLE FOR TOWING AND STORAGE AND THE SALE OF THE VEHICLE UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO THE NOTICE TO OWNER AND LIENHOLDERS OF AN ABANDONED VEHICLE TAKEN INTO CUSTODY BY LAW ENFORCEMENT

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.

The Committee on Transportation proposed the following amendment (DKA\3421DW03), which was adopted:

Amend the bill, as and if amended, subsection (B) of Section 56-5-5635, SECTION 1, page 2, by inserting after / mail/ on line 31 / with return receipt requested /; and subsection (D) of Section 56-5-5635, SECTION 1, page 3, line 4, after /mail/; line 5, after /notified/; and line 7, after /mailed/, by inserting in all places / , return receipt requested, /.

Amend further, Section 16-11-760(E), SECTION 2, page 4, by inserting after /mail/ on line 37 / , return receipt requested, /.

Amend further, Section 56-5-5630(a)(2), SECTION 3, page 5, by inserting after /mail/ on line 13 / , return receipt requested, / and by inserting after /notice/ on line 18 / , return receipt requested /.

Amend further, Section 56-5-5640, SECTION 4, page 6, by striking lines 37, 38, and 39, and inserting:

/ owner of the vehicle or entitled lienholder for ninety days and. An attempt must be made by the proprietor, owner, or operator of the storage place, or their designee, to notify the owner and all lienholders by certified or registered United States mail, return receipt requested, that the vehicle owner or lienholder has ninety days to claim the proceeds from the sale of the vehicle. If the vehicle proceeds are not collected after ninety days from the date the notice to the owner and all lienholders is mailed, then the vehicle proceeds must be deposited in the general fund of the county or municipality." /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the committee amendment.

The committee amendment was adopted.

Senator RYBERG proposed the following amendment (495R001.WGR), which was adopted:

Amend the bill, as and if amended, page 5, by striking line 9 and inserting:

/     shall notify within forty-five days, by registered or certified/

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

H. 3822 (Word version) -- Reps. Townsend, Harrell, Walker and Wilkins: A JOINT RESOLUTION TO PROVIDE THAT IF A DESIGNEE OF A PUBLIC OFFICIAL TO SERVE ON THE EDUCATION OVERSIGHT COMMITTEE IS A MEMBER OF THE NATIONAL GUARD OR RESERVES AND HAS BEEN CALLED TO ACTIVE DUTY IN CONNECTION WITH THE CONFLICT WITH IRAQ OR THE WAR ON TERRORISM FOR A PERIOD OF NOT MORE THAN ONE YEAR, THE PUBLIC OFFICIAL MAY DESIGNATE ANOTHER PERSON TO SERVE IN HIS STEAD IN AN INTERIM CAPACITY UNTIL THE ORIGINAL DESIGNEE RETURNS FROM ACTIVE DUTY, AND TO PROVIDE THAT ABSENCES OF THE ORIGINAL DESIGNEE ON THE COMMITTEE BECAUSE OF MILITARY ACTIVATION ARE CONSIDERED EXCUSED ABSENCES.

Senator GIESE explained the Resolution.

Senator MOORE spoke on the Resolution.

Senator LEATHERMAN objected to further consideration of the Resolution.

S. 153 (Word version) -- Senators Giese, Ritchie, Reese, Short and Rankin: A BILL TO AMEND SECTION 59-18-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR THE ADOPTION OF INSTRUCTIONAL MATERIALS FOR THE PUBLIC SCHOOLS, SO AS TO REVISE THIS CRITERIA BY PROVIDING THAT ALL INSTRUCTIONAL MATERIALS PLACED ON THE APPROVED LIST OF INSTRUCTIONAL MATERIALS AND TEXTBOOKS FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE SHALL CONTAIN THE SUBSTANCE AND LEVEL OF PERFORMANCE OUTLINED IN THE GRADE AND SUBJECT SPECIFIC ACADEMIC STANDARDS ADOPTED BY THE STATE BOARD OF EDUCATION.

On motion of Senator GIESE, with unanimous consent, the Bill was carried over.

S. 90 (Word version) -- Senators Hayes, Ravenel, Reese and Rankin: A BILL TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DECLARATION OF A STATE OF EMERGENCY IN A SCHOOL DISTRICT RATED UNSATISFACTORY, SO AS TO AUTHORIZE THE STATE BOARD OF EDUCATION, THROUGH THE STATE SUPERINTENDENT, TO IMPLEMENT A TRAINING PROGRAM FOR THE SCHOOL DISTRICT BOARD OF TRUSTEES AND THE DISTRICT SUPERINTENDENT, TO AUTHORIZE THE STATE BOARD OF EDUCATION TO ACT AS A MEDIATOR OF PERSONNEL ISSUES BETWEEN THE DISTRICT BOARD AND DISTRICT SUPERINTENDENT, TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE RECRUIT AND TRAIN CITIZENS TO FORM A POOL FOR THE APPOINTMENT OF NONVOTING MEMBERS TO THE DISTRICT BOARD IN A DISTRICT CONSIDERED TO BE UNSATISFACTORY, TO REQUIRE THE DISTRICT BOARD TO MAKE AT LEAST TWO APPOINTMENTS FROM THE POOL TO THE DISTRICT BOARD FOR THE PURPOSE OF REPRESENTING THE INTERESTS OF THE STATE BOARD OF EDUCATION IN A DISTRICT RATED UNSATISFACTORY, AND TO PROVIDE FOR COMPENSATION OF THE NONVOTING MEMBERS.

On motion of Senator RITCHIE, with unanimous consent, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

S. 172 (Word version) -- Senators Martin, Hayes, Gregory, Kuhn and Mescher: A BILL TO AMEND SECTION 23-31-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESUMPTIONS REGARDING THE BLOOD ALCOHOL CONTENT OF A PERSON USING A FIREARM UNDER THE INFLUENCE OF ALCOHOL; TO AMEND SECTION 50-21-114 OF THE 1976 CODE, RELATING TO A PERSON OPERATING A WATER DEVICE UNDER THE INFLUENCE OF ALCOHOL; AND TO AMEND VARIOUS SECTIONS OF TITLE 56-OF THE 1976 CODE, RELATING TO THE OPERATION OF A MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOL. (ABBREVIATED TITLE)

Senator MARTIN moved that the Bill be made a Special Order.

The Bill was made a Special Order.

H. 3170 (Word version) -- Reps. Cobb-Hunter and J.H. Neal: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF NATURAL RESOURCES NAME THE LAKE MARION BOAT CHANNEL, COMMONLY KNOWN AS THE "SAFE CHANNEL", RUNNING EASTERLY FROM THE VICINITY OF THE BRICKYARD, THEN NORTHERLY ACROSS LAKE MARION TO THE VICINITY OF ABUND ISLAND IN OR NEAR THE SANTEE NATIONAL WILDLIFE REFUGE, AND THEN NORTHEASTERLY TO THE VICINITY OF THE MOUTH OF WYBOO CREEK, AS THE "DANNY BELL BOAT CHANNEL" IN HONOR OF THE LATE DANNY BELL OF EUTAW SPRINGS, AND INSTALL APPROPRIATE SIGNS, MARKERS, OR BUOYS.

Senator LAND moved to commit the Resolution to the Committee on Transportation.

There was no objection.

The Resolution was committed to the Committee on Transportation.

On motion of Senator HUTTO, with unanimous consent, the Senate stood adjourned in memory of Sgt. George E. Buggs of Barnwell, S.C., the first South Carolinian confirmed killed in the war in Iraq. Sgt. Buggs, was assigned to the 3rd Forward Support Battalion of the 3rd Infantry Division based at Ft. Stewart, GA. He had been listed as missing in action since March 23, 2003, when his unit was ambushed and was last seen during the battle of Nasiriyah, Iraq.

On motion of Senator McCONNELL, with unanimous consent, the Senate stood adjourned in memory of two graduates of The Citadel who gave their lives during Operation Iraqi Freedom. Marine Lt. Therrel Shane Childers of Harrison County, Mississippi, a 2001 graduate of the Marine Enlisted Commissioning Education Program at The Citadel. On March 21, 2003, Lt. Childers became the first U.S. casualty of the war in Iraq. Marine Captain Benjamin Wilson Sammis, a 1996 graduate of The Citadel and Cobra helicopter pilot, was killed in action on April 5, 2003. The members of the Senate extend their heartfelt gratitude to these men who heroically gave their lives defending our country.

At 1:03 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:45 A.M.

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