Printed Page 4089, May 25
| Printed Page 4100, May 25
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Printed Page 4089, May 25
| Printed Page 4100, May 25
| Upon the withdrawal of objections by Reps. SCOTT, LLOYD, GOVAN and WHITE the following Bill was taken up.
H. 4113 -- Reps. Cotty and Hodges: A BILL TO AMEND SECTION 29-3-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND APPLICATION FOR ORDER OF APPRAISAL, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT, EXCEPT IN ANY REAL ESTATE FORECLOSURE PROCEEDING RELATING TO A DWELLING PLACE OR TO A CONSUMER CREDIT TRANSACTION, A DEFENDANT AGAINST WHOM A PERSONAL JUDGMENT MAY BE TAKEN ON A REAL ESTATE SECURED TRANSACTION MAY WAIVE THE APPRAISAL RIGHTS IF THE DEBTORS, MAKERS, BORROWERS, AND/OR GUARANTORS ARE NOTIFIED IN WRITING BEFORE THE TRANSACTION THAT A WAIVER OF APPRAISAL RIGHTS WILL BE REQUIRED AND UPON SIGNING A CERTAIN STATEMENT DURING THE TRANSACTION; AND TO AMEND SECTION 29-3-700, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND THE ORDER FOR APPRAISAL, SO AS TO PROVIDE THAT THE APPRAISAL BE CONDUCTED BY THREE DISINTERESTED STATE CERTIFIED GENERAL REAL ESTATE APPRAISERS, RATHER THAN "THREE DISINTERESTED FREEHOLDERS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED".
Rep. HODGES explained the Bill.
The Bill was read the second time and ordered to third reading.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 4113 be read the third time tomorrow.
Reps. TRIPP, ANDERSON, McMAHAND, J. YOUNG and KNOTTS withdrew their objections to S. 180 however, other objections remained upon the Bill.
Rep. WITHERSPOON withdrew his objection to S. 654 however, other objections remained upon the Bill.
Reps. LIMEHOUSE and HINES withdrew their objections to the following Bill.
S. 180 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-710 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO DEVELOP WRITTEN POLICIES AND PROCEDURES FOR PAROLE HEARINGS TO BE HELD BY VIDEO CAMERA AND TO PROMULGATE CERTAIN REGULATIONS, ALLOW THE VICTIM OF THE CRIME FOR WHICH A PRISONER HAS BEEN SENTENCED TO SUBMIT ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY AT THE PRISONER'S PAROLE HEARING INFORMATION FOR CONSIDERATION BY THE BOARD OF PROBATION, PAROLE AND PARDON, ALLOW THE SAME PROCEDURE FOR THE PROSECUTING SOLICITOR, REQUIRE THE BOARD TO CONSIDER, IN MAKING ITS DETERMINATION REGARDING PAROLE FOR A PRISONER, MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING SUBMITTED BY THE PERSON WHOSE PAROLE IS BEING CONSIDERED AND MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY SUBMITTED BY THE PROSECUTING SOLICITOR OR THE VICTIM OR BOTH, AND PROVIDE FOR RELATED MATTERS AND DETAILS CONCERNING SUCH FILM, VIDEO TAPE, OTHER ELECTRONIC INSTRUMENT, OR RECORDING ALLOWED BY THIS SECTION; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO INSTALL AND USE A CLOSED CIRCUIT TELEVISION SYSTEM IN EACH CORRECTIONAL INSTITUTION OF THE DEPARTMENT THAT HAS PERSONS ELIGIBLE FOR PAROLE, AND REQUIRE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO INSTALL AND USE THE SAME SYSTEM AT THE PRINCIPAL OFFICE OF THE DEPARTMENT, FOR THE PURPOSE OF THE CONDUCT OF PAROLE HEARINGS BY MEANS OF A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM, AND REQUIRE THAT
Rep. SIMRILL withdrew his objection to the following Bill.
S. 375 -- Senators Jackson and Courtney: A BILL TO AMEND SECTION 53-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY ACCOMMODATION TAX EXEMPTION FROM THE SUNDAY WORK LAWS, SO AS TO PROVIDE THAT A COUNTY MUST COLLECT THE REQUISITE REVENUE IN ONE YEAR AND TO PROVIDE THAT AFTER A COUNTY INITIALLY QUALIFIES, THIS EXEMPTION IS PERMANENT; AND TO PROVIDE A REFERENDUM TO BE HELD STATEWIDE AT THE TIME OF THE 1996 GENERAL ELECTION ON THE QUESTION OF WHETHER SUNDAY WORK SHALL CONTINUE TO BE PROHIBITED, SUBJECT TO AN EMPLOYEE'S RIGHT TO ELECT NOT TO WORK ON SUNDAY, WITH RESULTS TO BE DETERMINED ON A COUNTY-BY-COUNTY BASIS AND THE PROHIBITION EXPIRING JANUARY 1, 1997, IN A COUNTY WITH A MAJORITY "NO" VOTE.
Rep. SPEARMAN withdrew her objection to S. 654 however, other objections remained upon the Bill.
Rep. KNOTTS withdrew his objection to H. 3843 however, other objections remained upon the Bill.
Rep. BAILEY, with unanimous consent, made a short statement relative to his recent illness.
The Senate amendments to the following Bill were taken up for consideration.
H. 4146 -- Ways and Means Committee: A BILL TO AMEND THE 1976 CODE BY ADDING CHAPTER 28 TO TITLE 12 SO AS TO
Rep. ROBINSON explained the Senate amendment.
Rep. ROBINSON continued speaking.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up.
H. 3759 -- Reps. Fair, Herdklotz, Tripp, Mason, Cain, Waldrop, Kelley, Simrill, Limehouse and Meacham: A BILL TO ENACT THE "SOUTH CAROLINA FAIR DEALING WITH GOVERNMENT CIVIL RIGHTS ACT OF 1995"; TO AMEND SECTION 13-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MIDLANDS AUTHORITY OF SOUTH CAROLINA AND THE
The Bill was read the third time and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. SHEHEEN.
Rep. WILKINS moved to adjourn debate upon the following Bill until Friday, June 2, which was adopted.
H. 3380 -- Reps. Lanford, Wilkins, Hallman, Koon, Mason, Sandifer, Simrill, Wright, Cain, Allison, Wells, Walker, A. Young, McCraw, Hines, Cato, Inabinett, Breeland, Herdklotz, S. Whipper, Davenport and Beatty: A BILL TO AMEND SECTION 20-7-2205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST COMMITTING A STATUS OFFENDER TO THE CUSTODY OF A CORRECTIONAL INSTITUTION OR SECURE EVALUATION CENTER OPERATED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT SUCH COMMITMENT MAY BE MADE TO A SECURE EVALUATION
Rep. WILKINS moved to adjourn debate upon the following Bill until Friday, June 2, which was adopted.
H. 3841 -- Reps. Sheheen, Quinn, Harrison, Delleney, Baxley, Wilkins and Thomas: A BILL TO AMEND SECTIONS 14-8-10, 14-8-20, 14-8-80, AND 14-8-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT OF APPEALS, SO AS TO PROVIDE FOR THREE ADDITIONAL JUDGES FOR THE COURT OF APPEALS, FOR AN ADDITIONAL PANEL OF THE COURT, AND FOR OTHER PROCEDURES NECESSARY TO REFLECT A NINE MEMBER COURT; TO AMEND SECTION 14-5-610, AS AMENDED, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND JUDGES FOR THE CIRCUIT COURTS, SO AS TO ADD THREE ADDITIONAL CIRCUIT COURT JUDGES FROM SPECIFIED CIRCUITS; AND TO AMEND SECTION 20-7-1410, RELATING TO FAMILY COURT JUDGES, SO AS TO ADD THREE ADDITIONAL FAMILY COURT JUDGES FROM SPECIFIED CIRCUITS.
The following Joint Resolution was taken up.
H. 3772 -- Reps. Scott, Williams, Cave, Kennedy, Beatty, Lloyd, Spearman, White, Cobb-Hunter, Jennings, Knotts, Clyburn, Keegan, Hallman, Inabinett, Mason, Whatley, Fulmer, Breeland, Keyserling, Wofford, Kelley, Stoddard, Allison, Seithel and Wilkes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A LOTTERY, SO AS TO ALLOW LOTTERIES TO BE CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Rep. SIMRILL moved to table the Joint Resolution.
Those who voted in the affirmative are:
Allison Anderson Boan Cain Canty Cato Cooper Davenport Delleney Easterday Fair Harris, J. Haskins Herdklotz Hodges Huff Hutson Jaskwhich Kirsh Klauber Koon Limbaugh Littlejohn Marchbanks McCraw McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rice Robinson Sandifer Sharpe Simrill Stille Townsend Tripp Trotter Vaughn Waldrop Walker Wells Witherspoon Young, J.
Those who voted in the negative are:
Askins Bailey Baxley Brown, G. Brown, J. Byrd Cave Chamblee Clyburn Cromer Dantzler Fulmer Gamble Govan Hallman Harris, P. Harrison Hines Howard Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Knotts Lanford Law Limehouse Lloyd Martin Mason Rhoad Richardson Riser Rogers Scott Seithel Sheheen Shissias Smith, R. Spearman Stoddard Stuart Thomas Tucker Whatley
Whipper, S. Wilder Wilkes Williams Wofford Worley Wright Young, A.
So, the House refused to table the Joint Resolution.
Rep. SCOTT proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3990CM.95).
Amend the joint resolution, as and if amended, SECTION 1, page 1, by striking after /for/ on line 34
/public education, including public higher education, health care, water and sewer infrastructure, other capital improvements, or for the reduction of bonded indebtedness, or for any combination of these purposes,/ and inserting:
/public higher education scholarships for high school graduates with at least a 3.0 grade point average or its equivalent/.
Amend further, SECTION 2, page 2, by striking after /for/ on line 9 /public education, including public higher education, health care, water and sewer infrastructure, other capital improvements, or for the reduction of bonded indebtedness, or for any combination of these purposes,/ and inserting:
/public higher education scholarships for high school graduates with at least a 3.0 grade point average or its equivalent/.
Amend title to conform.
Rep. SCOTT explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Reps. CROMER, KNOTTS and WRIGHT proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\4001CM.95), which was adopted.
Amend the joint resolution, as and if amended, SECTION 1, page 1, by striking after the /./ on line 31
/The remaining revenues each year must be used for nonrecurring expenses
for public education, including public higher education, health care, water and
sewer infrastructure, other capital improvements, or for the reduction of bonded
indebtedness, or for any combination of these purposes/ and inserting:
Amend further, SECTION 2, by striking after /used/ on line 9 /for nonrecurring expenses for public education, including public higher education, health care, water and sewer infrastructure, other capital improvements, or for the reduction of bonded indebtedness, or for any combination of these purposes/ and inserting:
/ to provide tax reduction for owner-occupied property and credit toward the purchase of prescription medication by senior citizens /
Amend title to conform.
Rep. CROMER explained the amendment.
Rep. SCOTT moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Breeland Byrd Canty Cave Clyburn Cobb-Hunter Delleney Harvin Herdklotz Inabinett Jaskwhich Kennedy Keyserling Limehouse Lloyd Marchbanks Mason McElveen McTeer Richardson Sandifer Seithel Stille Trotter Whipper, S. White Wilkes Worley Young, J.
Those who voted in the negative are:
Allison Askins Bailey Baxley Boan Brown, G. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Fair Fleming
Gamble Govan Harrell Harris, J. Haskins Hodges Howard Huff Hutson Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Littlejohn Martin McCraw McKay Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Rice Riser Robinson Rogers Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Thomas Townsend Tripp Tucker Vaughn Waldrop Walker Wells Whatley Wilder Williams Witherspoon Wofford Wright Young, A.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. COTTY proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\JIC\6005HTC.95), which was tabled.
Amend the joint resolution, as and if amended, by striking Section 7, as contained in SECTION 1, page 1, and inserting:
/Section 7. Except when conducted by the State, no lottery shall ever be is allowed or may be advertised by newspapers, or otherwise, or its tickets be sold in this State. Only the State may conduct lotteries as provided for by the General Assembly. The revenues from the state lottery must be paid into a state lottery fund to be invested by the State Treasurer with interest earned remaining a part of the fund. No more than fifteen percent of the revenues each year may be used for operational expenses of the state lottery, and fifty percent of the revenues must be
Printed Page 4089, May 25
| Printed Page 4100, May 25
|