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Printed Page 7400, May 26
| Printed Page 7420, May 26
| S. 398 -- Senator Hayes: A BILL TO AMEND SECTIONS 27-40-710, AS AMENDED, AND 27-40-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SERVICE OF PROCESS TO A TENANT UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO PROVIDE THAT A LANDLORD'S OBLIGATION TO PROVIDE SERVICE UNDER THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE IS SATISFIED AFTER THE LANDLORD HAS GIVEN NOTICE ONE TIME, AND PROVIDE THE MANNER IN WHICH THIS NOTICE MUST BE GIVEN.
Rep. G. BAILEY asked unanimous consent that S. 732 be read a third time tomorrow.
Rep. DAVENPORT objected.
On motion of Rep. HODGES, with unanimous consent, it was ordered that H. 4010 be read the third time tomorrow.
On motion of Rep. HODGES, with unanimous consent, it was ordered that S. 398 be read the third time tomorrow.
Rep. R. SMITH moved to adjourn debate upon the following Bill until Tuesday, May 31, which was adopted.
S. 927 -- Senators Giese, Passailaigue, Glover, Hayes, Holland, Lander, Mitchell, O'Dell, Reese, Short, Washington, Rose, Leventis, Wilson, Rankin and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY
Rep. DAVENPORT moved to adjourn debate upon the following Joint Resolution until Wednesday, June 1, which was adopted.
S. 1328 -- Senators Short, Jackson and Gregory: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE CONSUMER FINANCE LAWS IN THIS STATE AS THEY RELATE TO RESTRICTED LOANS, SUPERVISED LOANS, AND SALES FINANCE CONTRACTS.
Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, May 31, which was adopted.
H. 4983 -- Rep. Harrison: A BILL TO AMEND SECTION 29-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHODS OF ENTERING SATISFACTION OF MORTGAGES, SO AS TO PERMIT SATISFACTION OF MORTGAGES RECORDED IN COUNTERPARTS BY SATISFACTIONS EXECUTED IN COUNTERPARTS.
Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, May 31, which was adopted.
S. 492 -- Senators Wilson, Thomas and Ryberg: A BILL TO AMEND SECTION 17-5-110,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A CORONER
TO
CARRY A PISTOL OR OTHER HANDGUN WHILE ENGAGED IN HIS OFFICIAL DUTIES, SO AS TO
EXTEND THE AUTHORITY TO DEPUTY CORONERS.
The following Bill was taken up.
S. 506 -- Senators Rose and Leventis: A BILL TO REPEAL SECTION 22-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARREST FOR CRIMES COMMITTED IN MAGISTRATE'S PRESENCE.
Rep. HODGES proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20974SD.94), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION . Section 14-25-95 of the 1976 Code is amended to read:
"Section 14-25-95. Any party shall have the right to appeal from the sentence or judgment of the municipal court to the Court of General Sessions Common Pleas of the county in which the trial is held. Notice of intention to appeal, setting forth the grounds for appeal, shall must be given in writing and served on the municipal judge or the clerk of the municipal court within ten days after sentence is passed or judgment rendered, or the appeal shall be deemed is considered waived. The party appealing shall enter into a bond, payable to the municipality, to appear and defend such the appeal at the next term of the Court of General Sessions Common Pleas or shall pay the fine assessed."
SECTION . Section 14-25-105 of the 1976 Code is amended to read:
"Section 14-25-105. In the event of an appeal, the municipal judge shall
make a return to the Court of General Sessions Common Pleas, and
the appeal shall must be heard by the presiding judge upon
such the return. The return of the municipal judge shall consist
of a written report of the charges preferred, the testimony, the proceedings,
and the sentence or judgment. When the testimony has been taken by a reporter as
provided herein, the return shall include the reporter's transcript of the
testimony. The return shall must be filed with the Clerk of the
Court of General Sessions Common Pleas of the county in which the
trial was held and the cause shall must be docketed for trial
in the same manner as is now provided for appeals from magistrate's courts
placed on the motion calendar for the Court of Common Pleas. There shall
be no trial de novo on any appeal from a municipal court."
"Section 18-3-10. Every person convicted before a magistrate of any offense whatever and sentenced may appeal from the sentence to the next term of the court of general sessions Court of Common Pleas for the county;. provided, that in any county in which there is a county court, appeals in such cases shall be to the county court for the county."
SECTION . Section 18-3-60 of the 1976 Code is amended to read:
"Section 18-3-60. The clerk of court, upon receipt of the case, shall place it upon the proper docket of the court of general sessions for trial or other disposition at the next ensuing term of court the motion calendar of the court of common pleas."
SECTION . Section 18-3-70 of the 1976 Code is amended to read:
"Section 18-3-70. The appeal shall must be heard by the court of common pleas general sessions upon the grounds of exceptions made and upon the papers required under this chapter, without the examination of witnesses in such that court. And the court may either confirm the sentence appealed from, reverse or modify it, or grant a new trial, as to the court may seem meet and conformable to law."
SECTION . Section 22-3-760 of the 1976 Code is amended to read:
"Section 22-3-760. After such the service the magistrate shall proceed with the trial as in criminal cases and if such the defendant corporation shall be is found guilty of the offense charged, whether by a verdict of a jury or by the findings of the magistrate in case a trial by jury be waived by the defendant, the magistrate shall pronounce sentence in conformity with the law in such the case and such the sentence may be enforced by an execution against the property of such the defendant corporation in the same manner as now provided by law for enforcing the judgments of magistrates' courts; provided, that nothing herein shall may be construed to prevent the right of appeal by either party to the court of general sessions common pleas, as is now provided by law in criminal cases within the jurisdiction of magistrates."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HODGES, with unanimous consent, it was ordered that S. 506 be read the third time tomorrow.
The following Bill was taken up.
S. 953 -- Senator Courtney: A BILL TO AMEND SECTION 24-21-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESENTENCE INVESTIGATIONS OF CRIMINAL SUSPECTS, SO AS TO PROVIDE THAT THE DEFENDANT MAY WAIVE THE PRESENTENCE INVESTIGATION IF PLEADING GUILTY OR NOLO CONTENDERE; AND TO AMEND SECTION 24-21-530, RELATING TO PRESENTENCE INVESTIGATIONS SO AS TO ALLOW WAIVER PURSUANT TO SECTION 24-21-530.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20910SD.94), which was adopted.
Amend the bill, as and if amended, in Section 24-21-520 of the 1976 Code, as contained in SECTION 1, on line 34, page 1, by inserting immediately after /record/ /using the waiver of presentence investigation form developed by the Supreme Court/
When amended Section 24-21-520 of the 1976 Code shall read:
"Section 24-21-520. The department shall prepare a presentence investigation on all offenders who are convicted of a crime with a maximum penalty of not less than three years nor more than fifteen years or a class D, E, or F felony or a class A misdemeanor. In all other cases, the judge or the solicitor may require a presentence investigation before sentencing. The presentence investigation must be submitted to the court before sentencing. In cases in which the defendant pleads guilty or nolo contendere, the defendant may waive the presentence investigation. This waiver must be made freely, voluntarily, and on the record using the waiver of presentence investigation form developed by the Supreme Court. Every presentence investigation must contain the following:
(1) a recommendation about the suitability of the offender for community supervision under any probation program and any of the sentencing options set forth in Chapter 21 of Title 24;
(2) input received from victims and witnesses;
(3) input received from law enforcement;
(4) a social history for the offender; and
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Rep. HODGES explained the Bill and moved to adjourn debate upon the Bill until Tuesday, May 31, which was adopted.
The following Bill was taken up.
S. 959 -- Senators Short and Leventis: A BILL TO AMEND ARTICLE 3, CHAPTER 17, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLERKS OF COURT, BY ADDING SECTION 14-17-375 SO AS TO REQUIRE THE CLERKS OF COURT TO PROVIDE REPORTS TO CONSUMER REPORTING AGENCIES OF PERSONS DELINQUENT IN CHILD SUPPORT PAYMENTS IN EXCESS OF ONE THOUSAND DOLLARS.
Rep. HODGES explained the Bill.
Rep. COBB-HUNTER moved to adjourn debate upon the Bill until Tuesday, May 31, which was adopted.
Rep. HUFF moved to adjourn debate upon the following Bill until Tuesday, May 31, which was adopted.
S. 1034 -- Senator Bryan: A BILL TO AMEND SECTION 17-13-140, RELATING TO THE ISSUANCE, EXECUTION, AND RETURN OF SEARCH WARRANTS, SO AS TO PROVIDE THAT IF A WARRANT IS ISSUED UPON AN AFFIDAVIT WHICH IS SUPPLEMENTED BY SWORN ORAL TESTIMONY, THE ISSUING JUDGE MUST MAKE CONTEMPORANEOUS WRITTEN NOTES OF THAT SWORN ORAL TESTIMONY AND THOSE NOTES MUST BE MADE PART OF THE RECORD; AND TO AMEND SECTION 17-13-141, RELATING TO RECORDS TO BE KEPT BY JUDICIARY OFFICERS AUTHORIZED TO ISSUE SEARCH WARRANTS, SO AS TO REQUIRE THAT THE CONTEMPORANEOUS WRITTEN NOTES OF ANY SWORN ORAL
The following Bill was taken up.
S. 1040 -- Senator Bryan: A BILL TO AMEND SECTION 2-15-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20940SD.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 2-15-10 of the 1976 Code, as last amended by Act 329 of 1990, is further amended to read:
"Section 2-15-10. There is created the Legislative Audit Council consisting of three five members, one of whom must be a practicing certified public accountant or a licensed public accountant and one of whom must be an attorney. The council must be elected by the General Assembly in a joint session from the nominees presented by the nominating committee. The council also includes as ex officio members the following: the Chairmen of the Senate and House Judiciary Committees or a designee by either chairman from the membership of the respective committees; and the Chairmen of the Senate Finance Committee and the House Ways and Means Committee or a designee by either chairman from the membership of the respective committees; the Speaker of the House of Representatives and the Lieutenant Governor of South Carolina or their designees from the membership of the General Assembly. The ex officio members, including their designees, are voting members on all matters except those pertaining to auditing functions and personnel matters. The council is directly responsible to the General Assembly and is independent of any other state agency, board, or department."
SECTION 2. Section 2-15-20 of the 1976 Code is amended to read:
"Section 2-15-20. The nominating committee shall must be composed of seven six members, two three of whom shall must be appointed by the
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES explained the amendment.
Reps. KIRSH, SIMRILL and MOODY-LAWRENCE objected to the Bill.
Rep. HODGES continued speaking.
The amendment was then adopted.
Rep. TOWNSEND moved that the House do now adjourn.
Rep. FELDER demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Bailey, J. Baxley Boan Breeland Brown, J. Carnell Cobb-Hunter Cooper Delleney Hallman Harrelson Harvin Hines Kennedy Koon Martin McElveen McLeod Neal Phillips Rogers Scott Snow Stille Sturkie Thomas
Townsend Trotter Whipper Williams Witherspoon Worley
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Beatty Brown, H. Cato Chamblee Clyborne Corning Cromer Davenport Fair Farr Felder Fulmer Gamble Gonzales Graham Harrell Harris, J. Harrison Hodges Huff Hutson Keegan Keyserling Kinon Kirsh Klauber Law McCraw McMahand McTeer Meacham Rhoad Riser Robinson Rudnick Sheheen Shissias Simrill Smith, D. Smith, R. Stoddard Stuart Tucker Vaughn Waldrop Walker Wells White Wilder, D. Wilder, J. Wilkes Wofford Wright
So, the House refused to adjourn.
The SPEAKER granted Reps. KENNEDY and WILLIAMS a leave of absence for the remainder of the day.
Rep. BOAN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PT\1305DW.94), which was adopted.
Amend the Report of the Committee on Judiciary, as and if amended, page 1040-2, line 20, by inserting after /Assembly./ /If the General Assembly is not in session and a vacancy exists in the non ex officio
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. SHEHEEN proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\PT\1302DW.94), which was adopted.
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS to read:
/SECTION . Section 1-27-10 of the 1976 Code is amended to read:
"Section 1-27-10. There is created the South Carolina Advisory Commission on Intergovernmental Relations (commission) as part of the Office of the Executive Director, State Budget and Control Board."/
/SECTION . Section 1-27-60 of the 1976 Code is amended to read:
"Section 1-27-60. The commission shall receive funding as may be provided by the General Assembly and the commission may expend federal funds and grants and gifts it may receive from other sources for the purpose of carrying out its duties and responsibilities. The Commission shall recommend an annual budget and appropriation request to the Budget and Control Board."/
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HODGES, with unanimous consent, it was ordered that S. 1040 be read the third time tomorrow.
Rep. CROMER moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
S. 492 -- Senators Wilson, Thomas and Ryberg: A BILL TO AMEND SECTION 17-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A CORONER TO CARRY A
Printed Page 7400, May 26
| Printed Page 7420, May 26
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