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| Printed Page 3780, Mar. 24
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Printed Page 3760, Mar. 24
| Printed Page 3780, Mar. 24
| The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4967 -- Reps. Carnell, McAbee and Klauber: A BILL TO AMEND ACT 546 OF 1982, RELATING IN PART TO THE MANNER OF ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE TRUSTEES
H. 3964 -- Rep. Baxley: A BILL TO AMEND SECTION 56-3-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENT MOTOR VEHICLE REGISTRATION AND LICENSE PENALTIES, SO AS TO PROVIDE THAT NO DELINQUENCY PENALTY MAY BE CHARGED A VEHICLE OWNER WHO ON OR BEFORE THE REQUIRED RENEWAL DATE TURNS INTO THE DEPARTMENT THE LICENSE PLATE ON THE VEHICLE BUT WHO AFTER THE REQUIRED RENEWAL DATE DECIDES TO RENEW THE VEHICLE'S REGISTRATION AND LICENSING.
Rep. FARR explained the Bill.
S. 516 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-700 SO AS TO DESIGNATE THE SQUARE DANCE AS THE OFFICIAL AMERICAN FOLK DANCE OF THE STATE.
H. 4749 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO LIABILITY INSURANCE FOR MOTOR CARRIERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1700, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4754 -- Reps. Baker, G. Bailey and T.C. Alexander: A JOINT RESOLUTION TO
PROVIDE THAT THE REQUIREMENT IN SECTION 40-79-140 OF THE 1976 CODE OF LAWS
MANDATING APPLICANTS FOR AN ALARM SYSTEM BUSINESS LICENSE TO PROVIDE
EVIDENCE OF
COMPLETION OF THE "NATIONAL INSTITUTE FOR CERTIFICATION IN ENGINEERING
TECHNOLOGIES (NICET) LEVEL III FIRE ALARM SYSTEMS ENGINEERING TECHNICIAN'S
COMPETENCY TEST" IS SUSPENDED AND SHALL NOT BE ENFORCED FOR A PERIOD OF
ONE
HUNDRED EIGHTY DAYS.
On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that H. 3964 be read the third time tomorrow.
On motion of Rep. KENNEDY, with unanimous consent, it was ordered that S. 516 be read the third time tomorrow.
On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 4749 be read the third time tomorrow.
On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that H. 4754 be read the third time tomorrow.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2, Rep. R. YOUNG having the floor.
H. 4566 -- Reps. Jennings, Askins, Baxley, Fulmer, P. Harris, Harrison, Hines,
McAbee, Shissias, Snow, Spearman, Tucker, J. Wilder, Harwell, G. Brown, Neilson,
Kinon, Beatty, Cobb-Hunter, Richardson, Keyserling, H. Brown, A. Young, Waldrop,
Huff, T.C. Alexander, Stuart, Sturkie, R. Smith, Chamblee, Moody-Lawrence,
Corning, Harrell, Thomas, Inabinett, Wilkins and Boan: A BILL TO AMEND CHAPTER
24 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH
CAROLINA BANK HOLDING COMPANY ACT, SO AS TO REVISE AND FURTHER PROVIDE FOR
DEFINITIONS AND REGULATORY PROVISIONS AND PROCEDURES IN ORDER TO PERMIT AFTER
A
SPECIFIED DATE AN OUT-OF-STATE BANK HOLDING COMPANY TO OPERATE AND MAKE
ACQUISITIONS IN THIS STATE IN THE SAME MANNER THAT A SOUTHERN REGION BANK
HOLDING COMPANY IS PERMITTED TO OPERATE AND MAKE ACQUISITIONS.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered to read:
/SECTION If the provisions of this act in the opinion of the State Board of Financial Institutions after a period of five years from its effective date result in or cause the aggregate net loss of any South Carolina jobs in banks or bank holding companies to which the provisions of this act apply, the provisions of this act are repealed and those provisions of law amended by this act are reenacted in the manner they read before this act took effect. The State Board of Financial Institutions shall certify to the Governor and the General Assembly five years after the effective date of this act whether or not in its opinion the act directly results in the net loss of South Carolina jobs as above provided. However, the General Assembly by a two-thirds vote of both houses in a bill or joint resolution may override the provisions of this section and provide that the provisions of this act shall remain in full force and effect./
Renumber sections to conform.
Amend title to conform.
Rep. R. YOUNG continued speaking.
Rep. CROMER objected to the Bill.
The amendment was then adopted.
Rep. CATO proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\GJK\20448SD.94), which was adopted.
Amend the bill, as and if amended, in Section 34-24-20(15)(b) of the 1976 Code as contained in SECTION 1. by striking beginning on line 1, of page 4:
/other than those bank subsidiaries held under subsection (a) of Section 34-24-60/
and inserting: /other than those bank subsidiaries held under subsection (a) of Section 34-24-60/
Amend title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
Amend the bill, as and if amended, by striking Section 34-24-50(a) of the 1976 Code, as contained in SECTION 1, which begins on line 8 of page 5 and inserting:
/(a) The board may not approve any proposedd transaction set forth in Section 34-24-30:
(1) which would result in a monopoly, or which would be in furtherance of any combination or conspiracy to monopolize or to attempt to monopolize the business of banking in this State; or
(2) whose effect in this State may be substantially to lessen competition, or to tend to create a monopoly, or which in any other manner would be in restraint of trade, unless the board finds that the anticompetitive effects of the proposed transaction are clearly outweighed in the public interest by the probable effect of the transaction in meeting the convenience and needs of the community to be served; and
(3) which would result in future economic loss to the general economy and capital resources of South Carolina as determined by the board after consultation with the State Budget and Control Board. In making this determination, the board shall consider any plans submitted by the applicant for:
(a) the location of fixed assets and operating facilities;
(b) loss or gain of employment opportunities for South Carolina citizens;
(c) community reinvestment activities including low-to-moderate income lending policies and commitments;
(d) other economic factors as determined by the board.
The board is authorized to enter into contractual agreements with the
applicant as to future economic activities and ensure full compliance with the
provisions of such agreements; and
(3) (4) which does not meet the requirements set forth in
subsection (b) (d) of this section, if applicable.
In every case, the board shall take into consideration the financial and managerial resources and future prospects of the company and the banks concerned and the convenience and needs of the communities to be served. Whenever the transaction must be approved by one or more regulatory agencies of the United States Government under criteria substantially similar to the criteria in this subsection, the board shall delay its determination until after receipt of the ruling by the applicable federal regulatory agencies and if the proposed transaction is approved, then the
Renumber sections to conform.
Amend totals and title to conform.
Rep. HASKINS explained the amendment.
The amendment was then adopted.
Rep. SCOTT proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\BBM\9058JM.94), which was adopted.
Amend the bill, as and if amended, p. 5, by striking line 34 and inserting:
/record considered by the federal agency and the community. In the event the board denies/.
Amend further, p. 5, by striking line 37 and inserting:
/made by the applicable federal regulatory agency and the community./
Amend title to conform.
Rep. SCOTT explained the amendment.
The amendment was then adopted by a division vote of 42 to 31.
Rep. SCOTT proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\GJK\20676SD.94), which was tabled.
Amend the bill, as and if amended, in Section 34-24-50 of the 1976 Code, as contained in SECTION 1, on page 5 by adding at the end of subsection (a) the following: /The board in considering an application shall receive and must consider community input through public hearings and other means./
Amend title to conform.
Rep. SCOTT explained the amendment.
Rep. BAXLEY moved to table the amendment.
Rep. R. YOUNG demanded the yeas and nays, which were taken resulting as
follows:
Allison Bailey, J. Baker Barber Baxley Boan Brown, H. Davenport Delleney Farr Gamble Graham Hallman Harris, J. Harrison Haskins Hodges Holt Jaskwhich Keegan Kelley Klauber Koon Lanford Law Littlejohn Marchbanks McCraw McLeod Meacham Neilson Phillips Quinn Rhoad Robinson Sheheen Shissias Simrill Smith, D. Smith, R. Stone Stuart Thomas Trotter Vaughn Waldrop Walker Wells Wilder, D. Worley Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Beatty Breeland Brown, G. Brown, J. Byrd Cato Chamblee Cobb-Hunter Cooper Corning Cromer Fair Fulmer Govan Harrell Harrelson Harwell Hines Inabinett Jennings Kennedy Keyserling Kinon Kirsh McKay McMahand McTeer Moody-Lawrence Neal Richardson Riser Rudnick Scott Snow Spearman Stille Townsend Tucker Waites Whipper White Wilder, J. Wilkes Williams Wright Young, R.
The question then recurred to the passage of the Bill on second reading, as amended.
Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Baker Barber Baxley Boan Brown, G. Brown, H. Canty Cato Chamblee Cooper Corning Delleney Elliott Fair Farr Fulmer Gamble Hallman Harrell Harrelson Harris, J. Harrison Harwell Haskins Hodges Holt Houck Jaskwhich Jennings Keegan Kelley Keyserling Kinon Klauber Koon Lanford Law Littlejohn Marchbanks McCraw McKay McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rudnick Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Wilder, D. Wilder, J. Wilkes Wilkins Williams Worley Wright Young, A. Young, R.
Cromer Kennedy
So, the Bill, as amended, was read the second time and ordered to third reading.
Because I work at a bank, I did not vote on H. 4566.
Rep. H. HOWELL CLYBORNE, JR.
The following Bill was taken up.
H. 4593 -- Reps. A. Young, Baxley, Wofford, Sharpe, Robinson, Sturkie, Kelley, Cobb-Hunter, G. Bailey, Vaughn, Witherspoon, Stuart, Davenport, Riser, Law, Meacham, Koon and Thomas: A BILL TO AMEND CHAPTER 13, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2, SO AS TO PROVIDE A PROCEDURE FOR COMBINING COUNTY BOARDS OF VOTER REGISTRATION AND COUNTY ELECTION COMMISSIONS, PROVIDE FOR THE APPOINTMENT OF THE COMMISSION MEMBERS, ESTABLISH REQUIREMENTS FOR MEMBERS, AND PROVIDE FOR REASONS FOR REMOVAL OF MEMBERS BY THE GOVERNOR.
Reps. A. YOUNG and HODGES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\WWW\30209DW.94), which was adopted.
Amend the Report of the Committee on Judiciary, as and if amended, page 4593- 1, beginning on line 27, by striking:
/(A) Upon a resolution, adopted by a majority of the governing body of a county, a commission may be created composed of five, seven, or nine members. The members of the commission must be appointed by the Governor upon the recommendation of a majority of the legislative delegation of the county./ and inserting:
/(A) Upon the adoption of an ordinance by the governing body of a county, a commission may be created composed of five, seven, or nine
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, March 23, by the Committee on Judiciary.
Rep. HODGES explained the amendment and moved to table the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. FARR moved to adjourn debate upon the following Bill until Tuesday, March 29, which was adopted.
H. 3996 -- Rep. Jennings: A BILL TO AMEND SECTION 56-3-375, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF MOTOR VEHICLES SO AS TO PROVIDE FOR REREGISTRATION OF A VEHICLE THAT WAS INOPERABLE OR IN STORAGE.
The following Bill was taken up.
H. 4630 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT THREE NOMINEES FOR EACH CONGRESSIONAL DISTRICT APPOINTMENT TO THE BOARD MUST BE ELECTED BY PHARMACISTS RESIDING IN THAT DISTRICT FOR CONSIDERATION BY THE GOVERNOR FOR APPOINTMENT; TO AMEND SECTION 40-43-420, RELATING TO PHARMACY FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE THAT CERTAIN FEES ARE IN EFFECT UNTIL THEY ARE SET IN REGULATION; TO REPEAL SECTION 40-43-480, RELATING TO FUNDING IN THE 1986
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| Printed Page 3780, Mar. 24
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