South Carolina General Assembly
112th Session, 1997-1998
Journal of the House of Representatives

THURSDAY, FEBRUARY 27, 1997

Thursday, February 27, 1997
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Our Father God, we come in a childlike faith asking You to make this altar of prayer a pavilion of Your never failing presence. We are awe stricken when we think of our following generations' inheritance from our fumbling hands. Give us, then, a right judgment in all things. Make us so transparently just and fair that all which is false and every lurking evil may be transplanted by Your truth. Give us clean thoughts, kind hearts, and a sure faith, lest in foolish futility we attempt to build on sinking sand rather than on Him Who is the eternal Rock of ages.

Lord, in Your mercy, hear our prayer. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. J. BROWN moved that when the House adjourns, it adjourn in memory of Dr. Julian E. Grant of Newberry, which was agreed to.

REPORT OF STANDING COMMITTEE

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3404 -- Reps. Meacham, Quinn, G. Brown, Sandifer, Trotter, Klauber, Fleming, Keegan, Kennedy, Lee, D. Smith, Haskins, Harrell and Cato: A BILL TO AMEND SECTION 58-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, ENERGY SUPPLY AND EFFICIENCY, AND DEFINITIONS, SO AS TO DELETE THE DEFINITION OF "INTEGRATED RESOURCE PLAN"; TO AMEND SECTION 58-37-20, RELATING TO THE REQUIREMENT THAT THE PUBLIC SERVICE COMMISSION ADOPT PROCEDURES ENCOURAGING ENERGY EFFICIENCY AND CONSERVATION, SO AS TO, AMONG OTHER THINGS, AUTHORIZE, RATHER THAN REQUIRE, THE COMMISSION TO ADOPT SUCH PROCEDURES; AND TO REPEAL SECTION 58-37-40, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, ENERGY SUPPLY AND EFFICIENCY, AND INTEGRATED RESOURCE PLANS.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3559 -- Reps. Cooper, Jordan, Maddox, Martin, Stille and Townsend: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING THE ANDERSON COUNTY VOTER REGISTRATION AND ELECTION COMMISSION AND ITS DIRECTOR, MRS. PAN MILLWOOD, AND STAFF FOR BEING HONORED AS THE MOST OUTSTANDING OFFICE FOR 1996 BY THE STATE OF SOUTH CAROLINA ELECTION COMMISSION.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 3401 -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS OF SURPLUS GENERAL FUND REVENUES AND TO AMEND SECTION 12-43-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STANDARDIZED PROPERTY TAX BILL, SO AS TO REVISE THE STANDARDIZED REQUIREMENTS AND MAKE THEM APPLICABLE TO BILLS FOR TAXES DUE ON REAL PROPERTY.

Without reference.

H. 3402 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1996-97.

Without reference.

H. 3545 -- Reps. Koon, Knotts, Riser and Rice: A BILL TO REPEAL SECTION 12-60-1755, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY TREASURER'S DUTY TO CREDIT PROPERTY TAXES PAID IN ERROR OR ORIGINALLY ERRONEOUSLY CREDITED.

Referred to Committee on Ways and Means.

H. 3546 -- Reps. Knotts, Whatley, Bauer, Rice and Koon: A BILL TO AMEND SECTION 20-7-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING EMERGENCY PHYSICAL OR PROTECTIVE CUSTODY OF A CHILD BY LAW ENFORCEMENT OFFICERS, SO AS TO CHANGE THE TIME WITHIN WHICH THE DEPARTMENT OF SOCIAL SERVICES SHALL CONDUCT A PRELIMINARY INVESTIGATION TO DETERMINE WHETHER GROUNDS FOR ASSUMING LEGAL CUSTODY OF THE CHILD EXIST; TO PROVIDE THAT UPON CONCLUDING AFTER A PRELIMINARY INVESTIGATION THAT THE CHILD SHOULD BE RETURNED TO THE CHILD'S PARENT, GUARDIAN, OR CUSTODIAN, THE DEPARTMENT SHALL CONSULT WITH THE LAW ENFORCEMENT AGENCY RATHER THAN THE LAW ENFORCEMENT OFFICER WHO TOOK EMERGENCY PHYSICAL CUSTODY OF THE CHILD, AND THAT IF THE AGENCY OBJECTS TO THE RETURN OF THE CHILD, THE DEPARTMENT MUST ASSUME LEGAL CUSTODY OF THE CHILD UNTIL A PROBABLE CAUSE HEARING CAN BE HELD; TO CHANGE THE TIME WITHIN WHICH THE DEPARTMENT OF SOCIAL SERVICES SHALL CONDUCT A PRELIMINARY INVESTIGATION UNDER THIS SECTION TO NINETY-SIX HOURS RATHER THAN SEVENTY-TWO HOURS AFTER THE CHILD WAS TAKEN INTO EMERGENCY PROTECTIVE CUSTODY BY A LAW ENFORCEMENT OFFICER; TO PROVIDE THAT THE FAMILY COURT SHALL SCHEDULE A PROBABLE CAUSE HEARING TO BE HELD WITHIN NINETY-SIX HOURS RATHER THAN SEVENTY-TWO HOURS OF THE TIME THE CHILD WAS TAKEN INTO EMERGENCY PROTECTIVE CUSTODY OR WITHIN SEVENTY-TWO HOURS OF THE TIME THE CHILD WAS TAKEN INTO EMERGENCY PHYSICAL CUSTODY IF LEGAL CUSTODY SUBSEQUENTLY WAS ASSUMED BY THE DEPARTMENT; AND TO PROVIDE THAT IF THE FOURTH DAY, RATHER THAN THE THIRD DAY, FALLS UPON A SATURDAY, SUNDAY, OR HOLIDAY, THE PROBABLE CAUSE HEARING MUST BE HELD NO LATER THAN THE NEXT WORKING DAY.

Referred to Committee on Judiciary.

H. 3547 -- Reps. Knotts, Bauer, Limbaugh, Rice, Koon and Whatley: A BILL TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES, FINES, AND FORFEITURE PROCEDURES ASSOCIATED WITH THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO NOT ALLOW A CONFISCATED PISTOL TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO ALLOW A CONFISCATED PISTOL TO BE DESTROYED; TO AMEND SECTION 16-23-405, RELATING TO THE DEFINITION OF WEAPON, AND TO THE CONFISCATION AND DISPOSITION OF WEAPONS USED IN THE COMMISSION OR FURTHERANCE OF A CRIME, SO AS TO ALLOW A LAW ENFORCEMENT AGENCY THAT RECEIVES A CONFISCATED WEAPON TO TRADE IT WITH CERTAIN RETAIL DEALERS, TO NOT ALLOW A CONFISCATED WEAPON TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL, AND TO ALLOW A CONFISCATED WEAPON TO BE DESTROYED; TO AMEND SECTION 23-31-180, AS AMENDED, RELATING TO THE FORFEITURE AND DESTRUCTION OF PISTOLS DECLARED TO BE CONTRABAND, SO AS TO NOT ALLOW PISTOLS DECLARED TO BE CONTRABAND TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO REQUIRE THESE WEAPONS TO BE EITHER DESTROYED OR DISPLAYED; AND TO REPEAL SECTION 16-23-500 RELATING TO THE AUTHORITY OF CLERKS OF COURT AND MAYORS TO SELL CONFISCATED OR FORFEITED WEAPONS.

Referred to Committee on Judiciary.

H. 3548 -- Rep. Boan: A BILL TO AMEND SECTION 12-8-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING OF RETURNS AND PAYMENT BY A WITHHOLDING AGENT, SO AS TO DELETE REFERENCE TO "MAKE A RETURN"; TO AMEND SECTION 12-8-1530, RELATING TO FILING OF QUARTERLY RETURNS BY A WITHHOLDING AGENT, SO AS TO PROVIDE A DEADLINE FOR FILING THE FOURTH QUARTER RETURN; TO AMEND SECTION 12-8-1550, RELATING TO FILING OF STATEMENTS BY A WITHHOLDING AGENT, SO AS TO PROVIDE THAT INFORMATION MAY BE FILED ON MAGNETIC MEDIA.

Referred to Committee on Ways and Means.

H. 3549 -- Rep. Boan: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND UTTERING A FRAUDULENT CHECK, SO AS TO PROVIDE FOR CHECKS WRITTEN IN PAYMENT OF PRESENTLY OR PAST DUE LOCAL TAXES; AND TO AMEND ARTICLE 1, CHAPTER 49, TITLE 12, RELATING TO ENFORCED COLLECTION OF TAXES, BY ADDING SECTION 12-49-95 SO AS TO PROVIDE LOCAL GOVERNMENTS THE ALTERNATIVE COLLECTION PROCEDURE PROVIDED IN CHAPTER 11, TITLE 34 FOR FRAUDULENT CHECKS.

Referred to Committee on Judiciary.

H. 3550 -- Rep. Boan: A BILL TO AMEND SECTION 12-54-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION OF DISCLOSURE OF INFORMATION FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO ALLOW EXAMINATION OF INFORMATION BY PERSONS CONTRACTED WITH FOR AUDIT OF STATEWIDE FINANCIAL STATEMENTS OR COLLECTION OF DELINQUENT TAXES, AND TO SUBSTITUTE "DEPARTMENT" FOR "COMMISSION".

Referred to Committee on Ways and Means.

H. 3551 -- Rep. Boan: A BILL TO AMEND SECTION 12-37-251, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PROPERTY TAX RELIEF FUND, SO AS TO PROVIDE FOR CALCULATION OF THE PROPERTY TAX EXEMPTION USING THE LOWER OF THE SCHOOL OPERATING MILLAGE IMPOSED FOR TAX YEAR 1995 OR FOR THE CURRENT TAX YEAR; TO AMEND SECTION 12-37-750, RELATING TO THE ASSESSMENT AND COLLECTION OF PROPERTY NOT RETURNED, SO AS TO INCLUDE BUSINESS PERSONAL RETURNS FILED WITH THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE EQUALIZATION AND ASSESSMENT OF PROPERTY, SO AS TO PROVIDE A REVISED FORMULA FOR CALCULATION OF FAIR MARKET VALUE FOR AGRICULTURAL PURPOSES; TO AMEND SECTION 12-51-40, AS AMENDED, RELATING TO LEVY AND EXECUTION BY DISTRESS AND SALE OF PROPERTY TO SATISFY DELINQUENT COUNTY TAXES, SO AS TO PROVIDE COUNTIES THE ALTERNATIVE COLLECTION PROCEDURES PROVIDED FOR IN CHAPTER 56, TITLE 12; AND TO AMEND SECTION 12-60-2150, RELATING TO THE RIGHT OF A CONTESTED HEARING IN REFUND DETERMINATIONS, SO AS TO REPLACE "COUNTY ASSESSOR" WITH "LOCAL GOVERNING BODY".

Referred to Committee on Ways and Means.

H. 3552 -- Rep. Boan: A BILL TO AMEND SECTION 12-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE COUNTY ASSESSOR, SO AS TO PROVIDE FOR THE RESPONSIBILITY AND RIGHT TO ENTER AND EXAMINE NEW NONRESIDENTIAL STRUCTURES BEFORE OCCUPANCY AND PORTIONS OF EXISTING BUILDINGS COVERED BY BUILDING PERMITS.

Referred to Committee on Labor, Commerce and Industry.

H. 3553 -- Rep. Boan: A BILL TO AMEND SECTION 12-37-266, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTIONS FOR DWELLINGS HELD IN TRUST, SO AS TO PROVIDE FOR APPLICATION FOR THE EXEMPTION EFFECTIVE UNTIL OWNERSHIP STATUS CHANGES AND TO PROVIDE FOR PENALTIES FOR UNREPORTED CHANGES IN CLASSIFICATION.

Referred to Committee on Ways and Means.

H. 3554 -- Rep. Boan: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO CLARIFY THE CIRCUMSTANCES FOR EXEMPTION OF TANGIBLE PERSONAL PROPERTY PURCHASED PURSUANT TO A CONTRACT WITH THE FEDERAL GOVERNMENT.

Referred to Committee on Ways and Means.

H. 3555 -- Rep. Boan: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR PAYMENT BY CREDIT CARD, SUBJECT TO APPROVAL AND IMPOSITION OF A VOLUNTARY AND NONREFUNDABLE SURCHARGE BY THE COUNTY GOVERNING BODY.

Referred to Committee on Ways and Means.

H. 3556 -- Rep. Boan: A BILL TO AMEND SECTION 12-54-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIME LIMITS FOR ASSESSMENT OF TAXES, SO AS TO DELETE REFERENCES TO FEES AND TO CLARIFY THE TIME LIMIT FOR FILING A CLAIM FOR CREDIT OR REFUND.

Referred to Committee on Ways and Means.

H. 3557 -- Reps. Wilkins and H. Brown: A BILL TO AMEND SECTION 6-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCOMMODATIONS TAX OVERSIGHT COMMITTEE, SO AS TO ELIMINATE THE COMMITTEE AND DEVOLVE ITS OVERSIGHT FUNCTION ON THE DEPARTMENT OF REVENUE AND TO DEVOLVE THE REPORTING REQUIREMENT ON THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.

Referred to Committee on Ways and Means.

H. 3558 -- Rep. Boan: A BILL TO AMEND SECTION 12-51-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE AN ALTERNATIVE SITE FOR THE SALE AND TO SPECIFY FORMS OF PAYMENT.

Referred to Committee on Ways and Means.

H. 3560 -- Reps. Beck, Fleming, Harvin, Hawkins, Easterday, Mason, R. Smith, Robinson, Hamilton, D. Smith and Sharpe: A BILL TO AMEND SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, SO AS TO CLARIFY THAT THIS PROVISION DOES NOT PROHIBIT THE REGULATION OF THESE MACHINES PURSUANT TO THE VIDEO GAMES MACHINES ACT, INCLUDING ITS LOCAL OPTION LOCAL REGULATION PROVISIONS OTHER THAN REGULATION OF THESE MACHINES; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO LICENSES FOR COIN-OPERATED DEVICES, SO AS TO ALLOW MUNICIPALITIES AND COUNTIES TO IMPOSE LOCAL LICENSE FEES NOT TO EXCEED THE AMOUNT OF THE STATE FEE AND TO DELETE THE RESTRICTION ON MUNICIPALITIES ON REGULATING THE NUMBER OF MACHINES; TO AMEND SECTION 12-21-2746, RELATING TO THE LIMIT ON MUNICIPAL AND BUSINESS LICENSE TAXES THAT MAY BE IMPOSED ON THE COIN-OPERATED MACHINE BUSINESS, SO AS TO DELETE THE LIMIT; AND TO AMEND SECTION 12-21-2804, SO AS TO ALLOW MUNICIPALITIES AND COUNTIES BY ORDINANCE TO REGULATE MACHINES AS DEFINED IN THE VIDEO GAME MACHINE ACT MORE STRICTLY THAN THE STATE RESTRICTIONS IMPOSED PURSUANT TO THAT ACT.

Referred to Committee on Ways and Means.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison                Altman                 Bailey
Barfield               Barrett                Battle
Bauer                  Baxley                 Beck
Boan                   Bowers                 Breeland
Brown, G.              Brown, H.              Brown, J.
Campsen                Canty                  Carnell
Cato                   Cave                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cromer                 Dantzler               Davenport
Delleney               Easterday              Edge
Fleming                Gamble                 Gourdine
Hamilton               Harrell                Harvin
Haskins                Hawkins                Hines, J.
Hines, M.              Hinson                 Hodges
Howard                 Inabinett              Jennings
Jordan                 Keegan                 Kelley
Kennedy                Kinon                  Kirsh
Klauber                Knotts                 Law
Leach                  Limbaugh               Limehouse
Littlejohn             Lloyd                  Loftis
Mack                   Maddox                 Martin
Mason                  McCraw                 McKay
McLeod                 McMahand               McMaster
Meacham                Miller                 Moody-Lawrence
Mullen                 Neilson                Parks
Phillips               Pinckney               Rhoad
Rice                   Riser                  Rodgers
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, F.              Smith, J.
Smith, R.              Spearman               Stoddard
Stuart                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, February 27.

James H. Harrison                 Bill Cotty
Theodore A. Brown                 Alfred B. Robinson, Jr.
Steve P. Lanford                  Jerry N. Govan, Jr.
Joseph H. Neal                    John G. Felder
Alma W. Byrd                      Brenda Lee
Larry L. Koon                     Harry C. Stille
Total Present--121

LEAVE OF ABSENCE

The SPEAKER granted Rep. SPEARMAN a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. Larry Klein of Columbia is the Doctor of the Day for the General Assembly.

MOTION ADOPTED

Rep. H. BROWN moved that when the House adjourns today that it adjourn to meet in local session on Friday, February 28, 1997, and to convene at 1:00 P.M. Monday, March 3, 1997, in statewide session, which was agreed to.

SENT TO THE SENATE

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.

H. 3299 -- Rep. Sharpe: A BILL TO AMEND SECTION 38-75-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION THAT INSURANCE CONTRACTS FOR LEGAL SERVICES MUST PROVIDE THE RIGHT OF AN ATTORNEY OF CHOICE, SO AS TO CHANGE "A CONTRACTUAL OBLIGATION FOR LEGAL SERVICES" TO "A CONTRACTUAL OBLIGATION FOR REIMBURSEMENT OF LEGAL SERVICES".

H. 3514 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SUMMER SESSIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1934, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3515 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PROFESSIONAL PERSONNEL COMPENSATION GUIDES AND CONTRACTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1943, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3516 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADJUSTMENT IN INSTRUCTIONAL TIME FOR BASIC SKILLS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1957, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3517 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPETITIVE SCHOOL INNOVATION GRANTS PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1988, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3518 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT AND SCHOOL SAFETY (AMEND), DESIGNATED AS REGULATION DOCUMENT NUMBER 1990, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3519 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EMERGENCY DRILLS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1999, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3520 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STAFF PROTECTION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2003, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3521 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FIRST AID, DESIGNATED AS REGULATION DOCUMENT NUMBER 2030, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3523 -- Reps. Jennings, Boan, Sheheen, Neilson, H. Brown, Baxley, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, G. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A BILL TO AMEND CHAPTER 66, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA FOLK HERITAGE AWARD, SO AS TO RENAME THIS AWARD THE "JEAN LANEY HARRIS FOLK HERITAGE AWARD".

H. 3525 -- Rep. Sharpe: A JOINT RESOLUTION TO PROVIDE EMERGENCY MEASURES FOR CONTROLLING KARNAL BUNT DISEASE BY THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE AND THE STATE CROP PEST COMMISSION UNTIL JUNE 30, 1998.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 407 -- Senators Drummond, Courson, Giese, Moore, Hutto, Alexander, Anderson, Bryan, Cork, Courtney, Elliott, Fair, Ford, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington, Williams and Wilson: A JOINT RESOLUTION TO CREATE THE STROM THURMOND MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.

S. 361--REQUESTS FOR DEBATE

The following Joint Resolution was taken up.

S. 361 -- Senator Mescher: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN STUDENTS FOR THE 1996-97 SCHOOL YEAR ARE EXEMPT FROM THE REQUIREMENTS OF SECTION 59-39-160 OF THE 1976 CODE AND MAY PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES UNDER SPECIFIED CONDITIONS.

Rep. LAW explained the Joint Resolution.

Reps. SHEHEEN, T. BROWN, J. SMITH, ALTMAN, HASKINS, KENNEDY, SIMRILL, COTTY and INABINETT requested debate on the Joint Resolution.

H. 3103--POINT OF ORDER

The following Bill was taken up.

H. 3103 -- Reps. J. Brown and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-260 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR A PERSON PERFORMING AN EARLY PERIODIC SCREENING, DIAGNOSIS, AND TREATMENT SCREENING (EPSDT) OR EXAMINATION OF A CHILD TO REFER THE CHILD TO AN APPROPRIATE AGENCY FOR AN ASSISTIVE TECHNOLOGY EVALUATION IF IT IS DETERMINED THAT THE CHILD MAY BENEFIT FROM SUCH TECHNOLOGY.

Rep. WILDER explained the Bill.

POINT OF ORDER

Rep. LOFTIS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3065--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3065 -- Reps. Limehouse, Baxley, Seithel, Altman, Whatley, Vaughn, Simrill, Harrell and Hinson: A BILL TO AMEND SECTION 50-11-852, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL MOLESTING OR KILLING OF BIRDS OF PREY, SO AS TO INCREASE THE PENALTIES FOR VIOLATION IF THE BIRD OF PREY IS A BALD EAGLE, AND PROVIDE THAT THE PERSON CONVICTED SHALL LOSE HIS HUNTING LICENSE AND BE PROHIBITED FROM HUNTING IN THIS STATE FOR A PERIOD OF FIFTEEN YEARS IF THE BALD EAGLE WAS KILLED AND FOR A PERIOD OF FIVE YEARS IF THE BALD EAGLE WAS MOLESTED.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20163SD.97), which was adopted.

Amend the bill, as and if amended, by striking Section 50-11-852 of the 1976 Code, as contained in SECTION 1, and inserting:

/Section 50-11-852.     It is unlawful for any person to molest or kill any of the birds of prey within this State. Birds of prey include all hawks, eagles, falcons, kites, vultures, owls, and ospreys. Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than a hundred dollars or imprisoned for not more than thirty days. However, if the bird of prey is a bald eagle, the person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or be imprisoned for not less than thirty days nor more than one year, or both.

If the bird of prey is a bald eagle, the person convicted shall also lose his privilege to hunt in this State for a period of five years from the date he is convicted of this offense if the bald eagle was killed and for a period of five years if the bald eagle was molested. 'Convicted' for purposes of this section includes a plea of guilty or nolo contendere to the offense./

Renumber sections to conform.

Amend title to conform.

Rep. WITHERSPOON explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3065--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 3065 be read the third time tomorrow.

H. 3135--POINT OF ORDER

The following Bill was taken up.

H. 3135 -- Rep. Webb: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-285 SO AS TO PROVIDE THAT IN ANY PROSECUTION FOR A VIOLATION OF STATE FISH, GAME, WILDLIFE, OR NATURAL RESOURCES LAWS, PHOTOGRAPHS OF EITHER WILDLIFE OR FISH ALLEGED TO HAVE BEEN TAKEN, POSSESSED, SOLD, TRANSPORTED, OR IMPORTED ILLEGALLY MUST BE CONSIDERED COMPETENT EVIDENCE OF THE WILDLIFE OR FISH AND MUST BE ADMISSIBLE IN ANY PROCEEDING OF THE CASE TO THE SAME EXTENT AS IF THE WILDLIFE OR FISH HAD BEEN INTRODUCED AS EVIDENCE.

Rep. WITHERSPOON explained the Bill.

POINT OF ORDER

Rep. FLEMING made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3155--POINT OF ORDER

The following Bill was taken up.

H. 3155 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY.

The Committee on Agriculture, Natural Resources and Environmental Affairs proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9131JM.97).

Amend the bill, as and if amended, page 1, lines 24 through 32, as contained in SECTION 1, by striking Section 50-1-290 and inserting:

/Section 50-1-290.     It is unlawful to buy, sell, trade, or barter or offer for sale or offer to buy any protected wild mammals and birds or parts of mammals or birds except as specifically allowed by this title. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars and not more than five hundred dollars or imprisoned up to thirty days./

Amend title to conform.

Rep. WITHERSPOON explained the amendment.

POINT OF ORDER

Rep. TRIPP made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3180--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3180 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-17-665, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITS ON THE AMOUNT OF SHRIMP AUTHORIZED TO BE TAKEN OVER BAIT, SO AS TO IMPOSE CATCH AND POSSESSION LIMITS ON SHRIMP, AND TO REVISE THE PENALTIES FOR VIOLATIONS INCLUDING THE FORFEITURE OF SPECIFIED PERSONAL PROPERTY FOR CERTAIN VIOLATIONS.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20059SD.97), which was adopted.

Amend the bill, as and if amended, in subsection (B) of Section 50-17-665 of the 1976 Code, as contained in SECTION 1, by striking /to/ on line 26, page 2, and inserting /to/

When amended subsection (B) shall read:

"(B)     It is unlawful for any a person to have in his immediate control or possession more than forty-eight quarts of whole shrimp or twenty-nine quarts of headed shrimp while on upon the waters or the lands immediately adjacent to the waters from May first through December fifteenth. The possession limit is ninety-six quarts of whole shrimp or fifty-eight quarts of headed shrimp while not on the waters or lands immediately adjacent to the waters unless a person has in possession a bill of lading or receipt showing that the shrimp have been purchased from a licensed retail or wholesale dealer. This subsection does not apply to any a commercial fisherman licensed trawler lawfully fishing and/or transporting his the catch to a licensed wholesale seafood dealer, or to any a licensed dealer distributing his product, or to a properly licensed bait dealer harvesting or distributing his product."

Amend the bill further, as and if amended in subsection (C) of Section 50-17-665 of the 1976 Code, as contained in SECTION 1 by inserting after /dealer/ on line 37, page 2, /or to a licensed dealer/

When amended subsection (C) shall read:

/(C)     From December sixteenth through April thirtieth, except as otherwise provided for in this subsection, it is unlawful for a person to have in his immediate control or possession more than a total of twelve dozen live or dead shrimp while upon the waters of the State. When a boat is being used to catch or transport shrimp, one limit is allowed among all persons in the boat. This subsection does not apply to a licensed trawler lawfully fishing and/or transporting the catch to a licensed dealer or to a licensed dealer distributing his product, or to a properly licensed bait dealer harvesting or distributing his product. No trawler may have a cast net or other recreational shrimping gear aboard during this period. Charter fishing vessels properly licensed under Sections 50-20-30 and 50-20-50 may not have aboard more than a total of twenty-five dozen live or dead shrimp while upon the waters of this State from December sixteenth through April thirtieth./

Amend the bill further, as and if amended, by striking subsection (F) of Section 50-17-665 of the 1976 Code, as contained in SECTION 1, and inserting:

/(F)     A person or captain of a charter fishing vessel who violates subsection (C):

(1)     is guilty of a misdemeanor and, upon conviction for a first offense, must be fined two hundred dollars or imprisoned not more than thirty days and the shrimp must be seized and forfeited as provided in Section 50-17-650.

(2)     For a second or subsequent offense, is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars or imprisoned for not more than thirty days and the boat, motor, trailer, rigging, coolers, fishing devices, and shrimp catch must be seized and forfeited as provided in Section 50-17-650. In addition, their coastal fishing privileges and associated licenses and permits must be suspended for one year./

Renumber sections to conform.

Amend title to conform.

Rep. WITHERSPOON explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3180--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 3180 be read the third time tomorrow.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 3318 -- Reps. Townsend, Rhoad, Webb, Sharpe, Sandifer, Martin, Barrett and Witherspoon: A BILL TO AMEND SECTIONS 46-21-60 AND 46-21-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF A FOUNDATION SEED ORGANIZATION FOR THE PURPOSE OF FOSTERING THE PRODUCTION, PROCESSING, AND DISTRIBUTION OF FOUNDATION HYBRID SEED CORN AND OTHER CROP SEED AND PROVIDE FOR THE COOPERATION OF VARIOUS OTHER AGENCIES IN CARRYING OUT THE PURPOSES OF THE FOUNDATION, SO AS TO PROVIDE THAT THE PURPOSE OF THE FOUNDATION IS AIMED AT THE PRODUCTION, PROCESSING, AND DISTRIBUTION OF PURE VARIETIES OF CROP SEEDS AND PLANTS RATHER THAN FOUNDATION HYBRID SEED CORN AND OTHER CROP SEEDS, DELETE THE AUTHORITY OF THE SOUTH CAROLINA CROP IMPROVEMENT ASSOCIATION TO BE VESTED WITH CERTAIN POWERS, DELETE THE REQUIREMENT THAT AGENCIES COOPERATE WITH THE ASSOCIATION, EXCEPT FOR THE DEPARTMENT OF AGRICULTURE, AND ADD CLEMSON UNIVERSITY AS AN ENTITY RESPONSIBLE FOR CARRYING OUT THE PURPOSES OF SECTION 46-21-60.

Rep. RHOAD explained the Bill.

H. 3351 -- Rep. Felder: A BILL TO AMEND SECTION 50-11-704, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF ARTIFICIAL LIGHTS IN CERTAIN GAME ZONES TO OBSERVE OR HARASS WILDLIFE, SO AS TO INCLUDE GAME ZONE 3 AS A GAME ZONE TO WHICH THESE PROVISIONS APPLY.

Rep. WITHERSPOON explained the Bill.

H. 3420 -- Rep. Rhoad: A BILL TO AMEND SECTION 47-6-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPORTATION OF SWINE, SO AS TO PROVIDE FOR RELIANCE ON PSEUDORABIES ERADICATION PROGRAM STANDARDS WHEN IMPORTING SWINE FOR FEEDING OR OTHER THAN FEEDING PURPOSES.

Rep. RHOAD explained the Bill.

S. 61 -- Senator Holland: A BILL TO DISSOLVE THE COMMITTEE APPOINTED TO STUDY MANDATORY MINIMUM AND ALTERNATIVE SENTENCES CREATED BY THE CRIME BILL OF 1995.

Rep. JENNINGS explained the Bill.

H. 3539 -- Reps. Klauber, Parks, Carnell and Stille: A BILL TO DISSOLVE THE GREENWOOD COUNTY BOARD OF EDUCATION AND DEVOLVE ITS POWERS AND DUTIES, AS PROVIDED FOR IN CHAPTER 15 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY BOARDS OF EDUCATION, UPON THE GREENWOOD COUNTY COUNCIL FOR PURPOSES OF WINDING UP THE OPERATION AND AFFAIRS OF THE COUNTY BOARD OF EDUCATION.

H. 3503 -- Reps. Tripp, Maddox, R. Smith, Wilder, Jordan, Townsend, Seithel, Baxley, Moody-Lawrence, Sandifer, Cobb-Hunter, Spearman, Askins, Neilson, Leach, Kennedy, Mason, Barrett, Inabinett, Hamilton, Knotts, Edge, Bailey, Cooper, Govan, Scott, Law, Hodges, Altman, Hawkins, Rice, Chellis, Stille, Neal, Kinon, Stoddard, Fleming, Miller, Robinson, D. Smith, Klauber, Carnell, Trotter, Lee, Martin, Whatley, Limehouse, Quinn, McMaster, Cato, Allison, Webb, Riser, Dantzler, Loftis, Lanford, Young-Brickell, Witherspoon, Harrell, Cromer, Harrison, Kelley, Gamble, Limbaugh, Parks, Keegan, Meacham, Simrill, Lloyd, McKay, McLeod, Harvin, Sharpe, Kirsh, Vaughn, J. Hines, McCraw, Bauer, Littlejohn, Jennings, Beck, Hinson, Battle and Davenport: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE WITHIN THE DEFINITION A CORPORATION, AND INCLUDE THE INFLUENCING OF THE OUTCOME OF MATTERS CONSIDERED BY THE GENERAL ASSEMBLY WHEN THE LIKENESS, IMAGE, VOICE, OR ENDORSEMENT OF A PUBLIC OFFICIAL IS USED; AND TO REQUIRE THAT AFFECTED ENTITIES ARE SUBJECT TO THE REPORTING AND RECORDKEEPING REQUIREMENTS UNDER ARTICLE 13, CHAPTER 13, TITLE 8 FROM JULY 1, 1996, WHEN THE FIRST REPORT IS DUE AFTER THE EFFECTIVE DATE OF THIS ACT.

H. 3318--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 3318 be read the third time tomorrow.

H. 3351--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 3351 be read the third time tomorrow.

H. 3420--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 3420 be read the third time tomorrow.

S. 61--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. JENNINGS, with unanimous consent, it was ordered that S. 61 be read the third time tomorrow.

H. 3539--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CARNELL, with unanimous consent, it was ordered that H. 3539 be read the third time tomorrow.

H. 3503--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TRIPP, with unanimous consent, it was ordered that H. 3503 be read the third time tomorrow.

S. 287--POINT OF ORDER

The following Bill was taken up.

S. 287 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-74-90; TO AMEND SECTION 38-74-10, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE HEALTH INSURANCE POOL; TO AMEND SECTION 38-74-30, AS AMENDED, RELATING TO ELIGIBILITY FOR POOL COVERAGE; AND SECTION 38-74-60, AS AMENDED, RELATING TO MAJOR MEDICAL EXPENSE COVERAGE, ALL SO AS TO MAKE THE POOL AN ACCEPTABLE ALTERNATIVE MECHANISM UNDER THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND TO INCREASE THE AGGREGATE BENEFIT LIMIT, DELETE THE EXCLUSION OF INDIVIDUALS DIAGNOSED AS BEING INFECTED WITH AIDS, REDUCE THE PREMIUM CAP ON CERTAIN ASSESSMENTS, ALLOW FEDERALLY DEFINED ELIGIBLE INDIVIDUALS TO ENTER THE POOL WITHOUT SATISFYING CURRENT ELIGIBILITY REQUIREMENTS, REDUCE THE RESIDENCY REQUIREMENT, REQUIRE FEDERALLY DEFINED ELIGIBLE INDIVIDUALS TO BE RESIDENTS, ENSURE THAT THE PREEXISTING CONDITION EXCLUSION IS NOT APPLIED TO FEDERALLY DEFINED ELIGIBLE INDIVIDUALS, REMOVE THE PROVISIONS ALLOWING EXTRA CHARGES WHERE A PREEXISTING CONDITION EXCLUSION IS WAIVED, AND ENSURE THAT FEDERALLY DEFINED ELIGIBLE INDIVIDUALS ARE PROVIDED A CHOICE OF COVERAGE.

POINT OF ORDER

Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

S. 288--POINT OF ORDER

The following Bill was taken up.

S. 288 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-41-45, TO AMEND ARTICLE 3, CHAPTER 71, TITLE 38, RELATING TO INDIVIDUAL ACCIDENT AND HEALTH INSURANCE POLICIES BY ADDING SUBARTICLE 7; TO AMEND ARTICLE 5, CHAPTER 71, TITLE 38, RELATING TO GROUP ACCIDENT AND HEALTH INSURANCE BY ADDING SUBARTICLE 2; TO AMEND SECTION 38-71-135, RELATING TO MINIMUM POSTPARTUM HOSPITALIZATION SERVICES FOR MOTHERS AND NEWBORNS, TO AMEND SECTION 38-71-335, AS AMENDED, RELATING TO CANCELLATION AND RENEWAL POLICIES FOR ACCIDENT AND HEALTH INSURANCE; TO AMEND SECTION 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT AND HEALTH POLICIES; TO AMEND SECTION 38-71-737, RELATING TO REQUIREMENTS OF COVERAGE FOR PSYCHIATRIC CONDITIONS IN GROUP HEALTH INSURANCE POLICIES; TO AMEND SECTION 38-71-920, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL GROUP HEALTH INSURANCE; TO AMEND SECTION 38-71-960, RELATING TO REQUIRED DISCLOSURE IN SOLICITATION AND SALES MATERIAL FOR SMALL GROUP HEALTH INSURANCE; TO AMEND SECTION 38-71-1330, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY; TO AMEND SECTION 38-71-1360, RELATING TO THE REQUIREMENT THAT INSURERS MARKET TWO PLANS FOR SMALL EMPLOYERS; TO AMEND SECTION 38-71-1370, RELATING TO THE APPLICABILITY OF CERTAIN CODE SECTIONS TO INSURANCE PLANS REQUIRED TO BE OFFERED BY SMALL EMPLOYER INSURERS AND PREEXISTING CONDITION COVERAGE FOR LATE ENROLLEES; TO AMEND SECTION 38-71-1410 RELATING TO THE SOUTH CAROLINA SMALL EMPLOYER INSURER REINSURANCE PROGRAM; TO AMEND SECTION 38-71-1440, RELATING TO REQUIREMENTS FOR SMALL EMPLOYER INSURERS, ALL SO AS TO COMPLY WITH CERTAIN REQUIREMENTS OF THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, INCLUDING GUARANTEED AVAILABILITY IN THE SMALL GROUP MARKET, GUARANTEED RENEWABILITY IN THE LARGE GROUP MARKET, THE SMALL GROUP MARKET, THE INDIVIDUAL MARKET, AND FOR MULTIPLE EMPLOYER WELFARE ARRANGEMENTS; REVISIONS TO REQUIRED HOSPITALIZATION SERVICES FOR MOTHERS AND NEWBORNS; EQUALITY IN THE APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH BENEFITS, ANTIDISCRIMINATION REQUIREMENTS IN THE LARGE AND SMALL GROUP MARKETS, AND LIMITATIONS ON PREEXISTING CONDITION EXCLUSIONS IN THE LARGE AND SMALL GROUP MARKETS; AND TO REPEAL SECTION 38-71-950, RELATING TO RENEWABILITY AND NOTICE OF NONRENEWAL OF SMALL GROUP HEALTH INSURANCE.

POINT OF ORDER

Rep. T. BROWN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3108--POINT OF ORDER

The following Bill was taken up.

H. 3108 -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-85 SO AS TO PROVIDE FOR EDUCATIONAL REQUIREMENTS FOR LICENSURE AS A BAIL BONDSMAN, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES.

POINT OF ORDER

Rep. J. BROWN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3100--POINT OF ORDER

The following Bill was taken up.

H. 3100 -- Reps. Allison, Townsend, Walker and Meacham: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAKEUP OF SCHOOL DAYS MISSED BECAUSE OF SNOW OR OTHER EXTREME WEATHER CONDITIONS, SO AS TO PROVIDE FOR THE MANNER IN WHICH EACH SCHOOL DISTRICT BOARD OF TRUSTEES SHALL PLAN THE SCHOOL TERM SO THAT UP TO THREE NONINSTRUCTIONAL DAYS SHALL BE DESIGNATED AS MAKEUP DAYS FOR THIS PURPOSE.

POINT OF ORDER

Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3502--ORDERED TO THIRD READING

Upon the withdrawal of requests for debate by Reps. ALLISON, SCOTT, EASTERDAY, ALTMAN, MASON, R. SMITH, BECK, MILLER and RODGERS the following Bill was taken up.

H. 3502 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-85 SO AS TO MAKE THE PERFORMING OF A PARTIAL-BIRTH ABORTION UNLAWFUL AND A FELONY, TO PROVIDE PENALTIES FOR VIOLATION, TO GRANT TO CERTAIN PERSONS A CAUSE OF ACTION AGAINST THE PHYSICIAN OR OTHER PERSON UNLAWFULLY PERFORMING A PARTIAL-BIRTH ABORTION, AND TO STIPULATE THE TYPES OF DAMAGES WHICH MAY BE OBTAINED.

Rep. MOODY-LAWRENCE proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20212SD.97), which was tabled.

Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:

/SECTION     ______.     The 1976 Code is amended by adding:

"Section 44-41-345.     A female who is pregnant, unmarried, and under eighteen years of age shall attend and complete a sex education course which includes, but is not limited to, instruction on birth control methods and sexually transmitted diseases. The content of these sex education courses must be specified by the Department of Health and Environmental Control and conducted without charge by the several county health departments of this State. Health care professionals who are providing care to these females shall refer them to the appropriate county health department and inform them that attendance and completion of this course is a required component of their care."/

Renumber sections to conform.

Amend title to conform.

Rep. ALLISON moved to table the amendment, which was agreed to.

The question then recurred to the passage of the Bill on second reading.

Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:

Yeas 105; Nays 4

Those who voted in the affirmative are:

Allison                Altman                 Bailey
Barfield               Barrett                Battle
Bauer                  Baxley                 Beck
Boan                   Bowers                 Brown, G.
Brown, H.              Brown, J.              Brown, T.
Campsen                Carnell                Cato
Cave                   Chellis                Clyburn
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Delleney
Easterday              Edge                   Felder
Fleming                Gamble                 Gourdine
Govan                  Hamilton               Harrell
Harrison               Harvin                 Haskins
Hawkins                Hines, J.              Hines, M.
Hinson                 Hodges                 Jennings
Jordan                 Keegan                 Kelley
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Limbaugh
Limehouse              Littlejohn             Loftis
Maddox                 Martin                 Mason
McCraw                 McKay                  McLeod
McMahand               McMaster               Meacham
Miller                 Mullen                 Neilson
Phillips               Pinckney               Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, F.              Smith, J.
Smith, R.              Stille                 Stoddard
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                Whipper                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--105

Those who voted in the negative are:

Cobb-Hunter            Howard                 Lee
Mack

Total--4

So, the Bill was read the second time and ordered to third reading.

RECORD FOR VOTING

Had I been present, I would have voted in favor of the Bill.

Rep. RICHARD M. QUINN, JR.

H. 3502--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. ALLISON, with unanimous consent, it was ordered that H. 3502 be read the third time tomorrow.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. CATO.

H. 3272--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of amendments, cloture having been ordered.

H. 3272 -- Reps. Cato, Limehouse, H. Brown, Tripp, Cooper, Chellis, Seithel, Young-Brickell, Carnell, Mason, Meacham, Bailey, Haskins, Gamble, Allison, Trotter, Robinson, Sandifer, Lee, Govan, Law, Sharpe, Loftis, Phillips, Limbaugh, Harrell, J. Smith, J. Brown, Boan, Simrill, Wilkes and Neilson: A BILL TO AMEND SECTION 37-10-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR THE VIOLATION OF CERTAIN LOAN PROVISIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO DELETE CERTAIN PENALTY PROVISIONS, TO CREATE AN INDIVIDUAL CAUSE OF ACTION, AND TO PROHIBIT A CLASS ACTION FOR A VIOLATION OF THE CHAPTER; AND TO MAKE THESE PROVISIONS APPLY TO CAUSES OF ACTION, INCLUDING APPEALS, PENDING ON THE EFFECTIVE DATE OF THIS ACT AND TO ACTIONS FILED ON AND AFTER THAT DATE.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4044MM.97), which was adopted.

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

/SECTION     1.     Section 37-10-105 of the 1976 Code is amended to read:

"Section 37-10-105.     With respect to a loan transaction subject to the provisions of this chapter, any person who shall receive or contract to receive a loan finance charge or other charge or fee in violation of this chapter shall forfeit--

(a) the total amount of the loan finance charge and the costs of the action; and the unpaid balance of the loan shall be repayable without any loan finance charge;

(b) 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, to be collected by a separate action or allowed as a counterclaim in any action brought to recover the unpaid balance.

(A)     If a creditor violates a provision of this chapter, the debtor has a cause of action, other than in a class action, to recover actual damages and also a right in an action, other than in a class action, to recover from the person violating this chapter a penalty in an amount determined by the court of not less than one hundred dollars and not more than one thousand dollars. A debtor may not bring a class action for a violation of this chapter, nor may a debtor bring an action more than three years after the violation occurred, except as set forth in subsection (C).

(B)     A creditor may not be held liable in an action brought under this section for a violation of this chapter if the creditor 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.

(C)     If the court finds as a matter of law that the agreement or transaction is unconscionable pursuant to Section 37-5-108 at the time it was made, or was induced by unconscionable conduct, the court may, in an action other than a class action:

(1)     refuse to enforce the agreement, or a term, or part of the agreement or transaction that the court holds to have been unconscionable at the time it was made;

(2)     refuse to enforce the remainder of the agreement without the unconscionable term or part, or limit the application of the unconscionable term or part to avoid an unconscionable result; and

(3)     award actual damages resulting from the violation of this chapter, plus attorneys' fees and costs.

An action pursuant to this subsection may not be brought after the original scheduled maturity date of the debt.

(D)     In an action in which it is found that a creditor has violated this chapter, the court shall award to the debtor the costs of the action and to his attorneys their reasonable fees. In determining attorneys' fees, the amount of the recovery on behalf of the debtor is not controlling."

SECTION     2.     This act takes effect upon approval by the Governor and applies to causes of action, including appeals, pending on that date and actions filed on and after that date; except that this act shall not be construed to prevent persons who are members or putative members of a class in a pending action or appeal filed as a class action from pursuing in individual actions the remedies provided in this act, and the statute of limitations applicable to those persons shall be deemed to have been tolled during the pendency of those class actions, and shall commence running again as to those persons upon the effective date of this act./

Renumber sections to conform.

Amend totals and title to conform.

Rep. CATO explained the amendment.

Rep. HAWKINS spoke against the amendment.

The question then recurred to the adoption of the amendment.

Rep. CATO demanded the yeas and nays, which were taken resulting as follows:

Yeas 66; Nays 47

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Bauer
Boan                   Brown, H.              Campsen
Carnell                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Davenport              Edge                   Felder
Gamble                 Hamilton               Harrell
Haskins                Hinson                 Jordan
Keegan                 Kelley                 Klauber
Koon                   Lanford                Law
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Loftis
Martin                 McCraw                 McKay
McLeod                 Meacham                Miller
Mullen                 Neilson                Phillips
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Simrill                Smith, R.
Stille                 Townsend               Tripp
Trotter                Vaughn                 Walker
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--66

Those who voted in the negative are:

Altman                 Baxley                 Beck
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, T.              Canty
Cave                   Clyburn                Cobb-Hunter
Cromer                 Delleney               Easterday
Fleming                Gourdine               Harrison
Harvin                 Hawkins                Hines, J.
Hines, M.              Hodges                 Howard
Inabinett              Jennings               Kennedy
Kinon                  Kirsh                  Knotts
Lloyd                  Mack                   Maddox
Mason                  McMahand               Neal
Parks                  Pinckney               Scott
Sheheen                Smith, D.              Smith, F.
Stoddard               Webb                   Whatley
Whipper                Young

Total--47

So, the amendment was adopted.

Rep. CATO proposed the following Amendment No. 2 (Doc Name P:\AMEND\BBM\9137MM.97), which was adopted.

Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION     ___.     If a provision of this act or its application to a person or circumstance is held to be unconstitutional or otherwise invalid, the remainder of this act and the application of that provision to other persons or circumstances are not affected, and it must be conclusively presumed that the General Assembly would have enacted the remainder of this act without the invalid or unconstitutional provision./

Renumber sections to conform.

Amend title to conform.

Rep. CATO explained the amendment.

Rep. HODGES spoke against the amendment.

Rep. LIMBAUGH spoke in favor of the amendment.

Rep. HAWKINS moved to table the amendment.

Rep. CATO demanded the yeas and nays, which were taken resulting as follows:

Yeas 33; Nays 74

Those who voted in the affirmative are:

Altman                 Baxley                 Breeland
Brown, G.              Brown, T.              Byrd
Canty                  Cave                   Clyburn
Delleney               Fleming                Gourdine
Govan                  Hawkins                Hines, J.
Hines, M.              Inabinett              Jennings
Kennedy                Kirsh                  Knotts
Lloyd                  Mack                   McMahand
Neal                   Parks                  Pinckney
Rhoad                  Scott                  Seithel
Smith, F.              Webb                   Whipper

Total--33

Those who voted in the negative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Bauer
Boan                   Bowers                 Brown, H.
Brown, J.              Campsen                Carnell
Cato                   Chellis                Cooper
Cotty                  Cromer                 Dantzler
Davenport              Easterday              Edge
Felder                 Gamble                 Hamilton
Harrell                Harrison               Harvin
Haskins                Hinson                 Jordan
Keegan                 Kelley                 Kinon
Koon                   Lanford                Law
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Loftis
Maddox                 Martin                 McCraw
McKay                  McLeod                 McMaster
Meacham                Miller                 Mullen
Neilson                Phillips               Rice
Riser                  Robinson               Rodgers
Sandifer               Sharpe                 Sheheen
Simrill                Stille                 Stoddard
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Wilder
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--74

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

RECORD FOR VOTING

I am abstaining from voting on all aspects of this entire legislation due to a conflict of interest. I inadvertently hit the button and voted on Amendment No. 2. I wish to be recorded as not voting at all on this amendment.

Rep. JOE McMASTER

Reps. KIRSH and HODGES proposed the following Amendment No. 3 (Doc Name P:\AMEND\DKA\4076MM.97), which was adopted.

Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, by striking SECTION 2, beginning on page 3272-2, and inserting:

/ SECTION     2.     This act affects an action brought after the effective date. An action brought before the effective date of this act must be governed by the law applicable at the time the action was filed. /

Amend further by adding an appropriately numbered SECTION to read:

/ SECTION __.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. SHEHEEN spoke in favor of the amendment.

Rep. HASKINS spoke against the amendment.

Rep. CATO moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:

Yeas 54; Nays 59

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Battle                 Boan                   Brown, H.
Campsen                Carnell                Cato
Chellis                Cooper                 Cotty
Davenport              Easterday              Edge
Felder                 Gamble                 Hamilton
Harrell                Haskins                Hinson
Jordan                 Keegan                 Kelley
Klauber                Koon                   Lanford
Law                    Leach                  Lee
Limbaugh               Limehouse              Littlejohn
Loftis                 McCraw                 McKay
Meacham                Miller                 Mullen
Phillips               Riser                  Rodgers
Sandifer               Seithel                Stille
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Wilkes
Witherspoon            Woodrum                Young-Brickell

Total--54

Those who voted in the negative are:

Altman                 Bailey                 Bauer
Baxley                 Beck                   Bowers
Breeland               Brown, T.              Byrd
Canty                  Cave                   Clyburn
Cobb-Hunter            Cromer                 Dantzler
Delleney               Fleming                Gourdine
Harrison               Harvin                 Hawkins
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jennings
Kennedy                Kinon                  Kirsh
Knotts                 Lloyd                  Mack
Maddox                 Martin                 Mason
McLeod                 McMahand               Neal
Neilson                Parks                  Pinckney
Rhoad                  Rice                   Robinson
Scott                  Sharpe                 Sheheen
Simrill                Smith, D.              Smith, F.
Smith, R.              Stoddard               Webb
Whatley                Whipper                Wilder
Wilkins                Young

Total--59

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

Rep. CATO demanded the yeas and nays, which were taken resulting as follows:

Yeas 63; Nays 53

Those who voted in the affirmative are:

Altman                 Bailey                 Bauer
Baxley                 Beck                   Bowers
Breeland               Brown, G.              Brown, J.
Brown, T.              Byrd                   Canty
Cave                   Clyburn                Cobb-Hunter
Cromer                 Delleney               Easterday
Fleming                Gourdine               Harrison
Harvin                 Haskins                Hawkins
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Knotts
Lloyd                  Mack                   Maddox
Martin                 Mason                  McMahand
Meacham                Miller                 Neal
Neilson                Parks                  Pinckney
Rhoad                  Rice                   Scott
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, F.              Smith, R.
Stoddard               Webb                   Whatley
Whipper                Wilkins                Young

Total--63

Those who voted in the negative are:

Allison                Barfield               Barrett
Battle                 Boan                   Brown, H.
Campsen                Carnell                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Edge
Felder                 Gamble                 Govan
Hamilton               Harrell                Hinson
Jordan                 Klauber                Koon
Lanford                Law                    Leach
Lee                    Limbaugh               Limehouse
Littlejohn             Loftis                 McCraw
McKay                  McLeod                 Mullen
Phillips               Riser                  Robinson
Rodgers                Sandifer               Seithel
Stille                 Townsend               Tripp
Trotter                Vaughn                 Walker
Wilder                 Wilkes                 Witherspoon
Woodrum                Young-Brickell

Total--53

So, the amendment was adopted.

Rep. BAXLEY proposed the following Amendment No. 4 (Doc Name P:\AMEND\DKA\4086MM.97), which was tabled.

Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, page 3272-2, by striking SECTION 2, and inserting:

/SECTION     2.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. BAXLEY moved to table the amendment, which was agreed to.

AMENDMENT NO. 3--MOTION TO RECONSIDER TABLED

Rep. SHEHEEN moved to reconsider the vote whereby Amendment No. 3 was adopted.

Rep. BAXLEY moved to table the motion to reconsider.

Rep. CATO demanded the yeas and nays, which were taken resulting as follows:

Yeas 59; Nays 56

Those who voted in the affirmative are:

Altman                 Bauer                  Baxley
Beck                   Bowers                 Breeland
Brown, J.              Brown, T.              Byrd
Canty                  Cave                   Clyburn
Cobb-Hunter            Cromer                 Delleney
Easterday              Fleming                Gourdine
Harrison               Harvin                 Hawkins
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Knotts
Lloyd                  Mack                   Maddox
Martin                 Mason                  McMahand
Miller                 Neal                   Neilson
Parks                  Pinckney               Rhoad
Rice                   Scott                  Sharpe
Sheheen                Simrill                Smith, D.
Smith, F.              Smith, R.              Stoddard
Webb                   Whatley                Whipper
Wilkins                Young

Total--59

Those who voted in the negative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Boan
Brown, H.              Campsen                Carnell
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Edge                   Felder                 Gamble
Govan                  Hamilton               Harrell
Haskins                Hinson                 Jordan
Klauber                Koon                   Lanford
Law                    Leach                  Lee
Limbaugh               Limehouse              Littlejohn
Loftis                 McCraw                 McKay
McLeod                 Meacham                Mullen
Phillips               Riser                  Robinson
Rodgers                Sandifer               Seithel
Stille                 Townsend               Tripp
Trotter                Vaughn                 Walker
Wilder                 Wilkes                 Witherspoon
Woodrum                Young-Brickell

Total--56

So, the motion to reconsider was tabled.

Rep. BAXLEY proposed the following Amendment No. 5 (Doc Name P:\AMEND\DKA\4085MM.97), which was tabled.

Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, Section 37-10-105, SECTION 1, Page 3272-2, By inserting after the /./ on line 8: /A debtor may bring an action pursuant to this section as a separate action or as a counterclaim to an action brought by the creditor to recover the unpaid balance. If the debtor recovers damages or penalties in a counterclaim, he is entitled to a setoff of damages or penalties against a balance owed to the creditor. Notwithstanding the above limitations on recovery by the debtor, if the debtor prevails in a counterclaim to a foreclosure action, the foreclosure action must be dismissed, and the borrower's account must be cured of any default. In curing the debtor's default, all late payment penalties, attorney's fees, or other charges must be waived by the creditor, and adverse credit information reported to a credit reporting agency in connection with the debtor's account must be withdrawn. /

Amend title to conform.

Rep. BAXLEY explained the amendment.

Rep. CATO moved to table the amendment.

Rep. BAXLEY demanded the yeas and nays, which were taken resulting as follows:

Yeas 67; Nays 40

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Bauer
Boan                   Brown, H.              Campsen
Carnell                Cato                   Chellis
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Delleney
Edge                   Felder                 Gamble
Harrell                Haskins                Hinson
Jordan                 Keegan                 Kelley
Kirsh                  Koon                   Lanford
Law                    Leach                  Lee
Limbaugh               Limehouse              Littlejohn
Loftis                 Martin                 Mason
McCraw                 McKay                  McLeod
Meacham                Miller                 Mullen
Phillips               Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Sharpe                 Sheheen
Simrill                Smith, R.              Stille
Stoddard               Tripp                  Trotter
Vaughn                 Walker                 Wilder
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--67

Those who voted in the negative are:

Altman                 Baxley                 Beck
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, T.              Byrd
Canty                  Cave                   Clyburn
Cobb-Hunter            Easterday              Fleming
Gourdine               Govan                  Hamilton
Harrison               Hawkins                Hines, J.
Hines, M.              Hodges                 Howard
Inabinett              Jennings               Kinon
Knotts                 Lloyd                  Mack
McMahand               Neal                   Neilson
Parks                  Pinckney               Scott
Smith, D.              Smith, F.              Webb
Whipper

Total--40

So, the amendment was tabled.

Rep. BAXLEY proposed the following Amendment No. 6 (Doc Name P:\AMEND\DKA\4087MM.97), which was tabled.

Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, page 3272-2, beginning on line 3, by deleting Section 37-10-105(A), and inserting:

/ (A)     If a creditor violates a provision of this chapter, the debtor has a cause of action to recover actual damages and also a right in an action to recover from the person violating this chapter a penalty in an amount determined by the court of not less than one hundred dollars and not more than one thousand dollars. /

Amend further, Section 37-10-105(C), page 3272-2, line 20, by deleting /, in an action other than a class action/.

Amend title to conform.

Rep. BAXLEY moved to table the amendment, which was agreed to.

Rep. COTTY proposed the following Amendment No. 7 (Doc Name P:\AMEND\DKA\4096MM.97), which was adopted.

Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, by striking Section 37-10-105(A), SECTION 1, page 3272-2, beginning on line 3, and inserting:

/(A)     If a creditor violates a provision of this chapter, the debtor has a cause of action, other than in a class action, to recover actual damages and also a right in an action, other than in a class action, to recover from the person violating this chapter a penalty in an amount determined by the court of not less than one thousand dollars and not more than five thousand dollars. A debtor may not bring a class action for a violation of this chapter, nor may a debtor bring an action more than three years after the violation occurred, except as set forth in subsection (C).

Amend title to conform.

Rep. COTTY explained the amendment.

The amendment was then adopted.

Reps. CANTY and NEAL proposed the following Amendment No. 9 (Doc Name P:\AMEND\DKA\4062MM.97), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION __.     Section 37-3-105(2) of the 1976 Code, as last amended by Act 142 of 1991, is further amended to read:

"(2)     Loans excluded from the definition of a 'consumer loan' pursuant to subsection (1) shall nevertheless be is subject to the following provisions:

(a)     civil liability for violation of disclosure (Section 37-5-203);

(b)     voluntary complaint resolution (Section 37-6-117);

(c)     whenever the primary purpose of the credit extended is not to enable the debtor to buy or build a residence on residential real property, the administrative powers in Part 1 of Article 6.;

(d)     liability for unconscionability or inducement by unconscionable conduct (Section 37-5-108).

If an origination charge, prepaid finance charge, prepaid points, service, or other prepaid charge substantially exceeds the usual and customary charge for a particular type of loan, the creditor is subject to the provisions of Part 1, Chapter 6 of Title 37, notwithstanding that the origination charge, prepaid finance charge, prepaid points, service, or other prepaid charge is properly disclosed as part of the finance charge for purposes of complying with the Federal Truth-in-Lending Act or part or all of the origination charge, prepaid finance charge, prepaid points charge, service, or other prepaid charges are rebatable or refundable upon prepayment or acceleration of the obligation. For the purpose of this paragraph, a creditor is not subject to any liability if the loan finance charge and other fees and charges imposed by the creditor and the collection practices followed in administering or enforcing the loan are usual and customary for the particular type of loan. A charge, collection practice, or administrative procedure that is authorized or required by any a state or federal statute or regulation relating to mortgage loans; or in any an official manual setting forth the procedures for real estate mortgages issued by any governmental or quasi-governmental organization that purchases, insures, or guarantees such loans, including without limitation, manuals issued by the Federal Housing Administration, Veterans Administration, Farmers Home Administration, Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Corporation, or by any an organization that regularly insures mortgages and is authorized to conduct such business in this State, is deemed to be usual and customary." /

Renumber sections to conform.

Amend totals and title to conform.

Rep. CANTY explained the amendment.

The amendment was then adopted.

Reps. CANTY and NEAL proposed the following Amendment No. 10 (Doc Name P:\AMEND\DKA\4060MM.97), which was ruled out of order.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION __.     Section 37-2-104(2)(b) of the 1976 Code is amended to read:

"(b)     a sale of an interest in land if the debt is secured by a first lien or equivalent security interest in real estate. This exemption does not apply to a first lien when the lien arises from a credit sale for personal, family, or household purposes or for improvements to the real estate." /

Renumber sections to conform.

Amend title to conform.

Rep. CANTY explained the amendment.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that Amendment No. 10 dealt with a different section of the Code and a different type of loan that was specifically excluded from the section.

The SPEAKER stated that the amendment was not applicable to the section of the Bill that was being amended and sustained the Point of Order.

Reps. CANTY and NEAL proposed the following Amendment No. 11 (Doc Name P:\AMEND\DKA\4061MM.97), which was tabled.

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

/ SECTION __.     Section 37-2-104(2) of the 1976 Code is amended to read:

"(2) Unless the sale is made subject to this title by agreement pursuant to (Section 37-2-601), 'consumer credit sale' does not include:

(a)     a sale in which a seller allows the buyer to purchase goods or services pursuant to a lender credit card or similar arrangement, or

(b) a sale of an interest in land if the debt is secured by a first lien or equivalent security interest in real estate.

Credit sales excluded from the definition of a consumer credit sale pursuant to this subsection are subject to the following provisions of this title: civil liability for violation of disclosure (Section 37-5-203) and voluntary complaint resolution (Section 37-6-117); and in credit sales excluded pursuant to item (b) limitations on selection of a closing attorney and insurance agent (Section 37-10-102(a)) and notice of assumption rights (Section 37-10-102(c))."

SECTION     __.     Section 37-3-105 of the 1976 Code is repealed. /

Renumber sections to conform.

Amend title to conform.

Rep. CANTY moved to table the amendment, which was agreed to.

Rep. CLYBURN proposed the following Amendment No. 12 (Doc Name P:\AMEND\JIC\5447HTC.97), which was tabled.

Amend the report, as and if amended, in Section 37-10-105(c), as contained in SECTION 1, page 3272-2, line 19, by striking / conduct, / and inserting

/ conduct which must include, but is not limited to, any agreement with an interest rate in excess of eight percent a year, /

Amend title to conform.

Rep. CLYBURN moved to table the amendment, which was agreed to.

Rep. D. SMITH proposed the following Amendment No. 13 (Doc Name P:\AMEND\DKA\4122MM.97), which was tabled.

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

/ SECTION     1.     Section 37-10-105 of the 1976 Code is amended to read:

"Section 37-10-105.     (A)     With respect to a loan transaction subject to the provisions of this chapter, and also including a transaction which involves a lien on real estate, any a person who shall receive receives or contract contracts to receive a loan finance charge or other charge or fee in violation of this chapter shall forfeit--:

(a)(1)     the total amount of the loan finance charge and the costs of the action; and the unpaid balance of the loan shall must be repayable repaid without any a loan finance charge;

(b)(2)     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, to be collected by a separate action or allowed as a counterclaim in any action brought to recover the unpaid balance.

(B)     The amount awarded pursuant to subsection (A) must not exceed twenty-five thousand dollars.

(C)     In an action in which it is found that a creditor has violated this chapter, the court shall award to the debtor the costs and attorney's fees incurred in bringing the action.

(D)     A debtor may bring an action pursuant to this section as a separate action or as a counterclaim to an action brought by the creditor to recover the unpaid balance.

(1)     If the debtor recovers damages or penalties in a counterclaim, he is entitled to a setoff of damages or penalties against a balance owed to the creditor, and the creditor shall apply the setoff to the debtor's arrearage before acceleration of the total unpaid balance.

(2)     A debtor prevailing in a counterclaim also is entitled to a waiver by the creditor of all late payment penalties, attorney's fees, or other charges, and adverse credit information reported to a credit reporting agency in connection with the debtor's account must be withdrawn.

(E)     A creditor may not be held liable in an action brought under for a violation of this section if the creditor shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid the error."

SECTION     2.     Section 37-5-108 of the 1976 Code is amended by adding:

"(10)     The provisions of this section apply to all transactions in which a lien is taken on real estate in the same manner as they apply to consumer loans."

SECTION     3.     This act takes effect upon approval by the Governor and applies to causes of action, including appeals, pending on that date and actions filed on and after that date. If any provision of this act is found to be unconstitutional or otherwise invalid, the entire act is void and the law must be applied as it existed before the enactment of this act. /

Amend title to conform.

Rep. D. SMITH moved to table the amendment, which was agreed to.

Rep. D. SMITH proposed the following Amendment No. 14 (Doc Name P:\AMEND\DKA\4126MM.97), which was tabled.

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

/ SECTION     1.     Section 37-10-105 of the 1976 Code is amended to read:

"Section 37-10-105.     (A)     With respect to a loan transaction subject to the provisions of this chapter, and also including a transaction which involves a lien on real estate, any a person who shall receive receives or contract contracts to receive a loan finance charge or other charge or fee in violation of this chapter shall forfeit--:

(a)(1)     the total amount of the loan finance charge and the costs of the action; and the unpaid balance of the loan shall must be repayable repaid without any a loan finance charge;

(b)(2)     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, to be collected by a separate action or allowed as a counterclaim in any action brought to recover the unpaid balance.

(B)     The amount awarded pursuant to subsection (A) must not exceed fifteen thousand dollars.

(C)     In an action in which it is found that a creditor has violated this chapter, the court shall award to the debtor the costs and attorney's fees incurred in bringing the action.

(D)     A debtor may bring an action pursuant to this section as a separate action or as a counterclaim to an action brought by the creditor to recover the unpaid balance.

(1)     If the debtor recovers damages or penalties in a counterclaim, he is entitled to a setoff of damages or penalties against a balance owed to the creditor, and the creditor shall apply the setoff to the debtor's arrearage before acceleration of the total unpaid balance.

(2)     A debtor prevailing in a counterclaim also is entitled to a waiver by the creditor of all late payment penalties, attorney's fees, or other charges, and adverse credit information reported to a credit reporting agency in connection with the debtor's account must be withdrawn.

(E)     A creditor may not be held liable in an action brought under for a violation of this section if the creditor shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid the error."

SECTION     2.     Section 37-5-108 of the 1976 Code is amended by adding:

"(10)     The provisions of this section apply to all transactions in which a lien is taken on real estate in the same manner as they apply to consumer loans."

SECTION     3.     This act takes effect upon approval by the Governor and applies to causes of action, including appeals, pending on that date and actions filed on and after that date. If any provision of this act is found to be unconstitutional or otherwise invalid, the entire act is void and the law must be applied as it existed before the enactment of this act. /

Amend title to conform.

Rep. D. SMITH explained the amendment.

Rep. HASKINS spoke against the amendment and moved to table the amendment.

Rep. CATO demanded the yeas and nays, which were taken resulting as follows:

Yeas 74; Nays 39

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Bauer
Beck                   Boan                   Brown, H.
Brown, T.              Campsen                Carnell
Cato                   Chellis                Cooper
Cotty                  Cromer                 Dantzler
Davenport              Easterday              Edge
Felder                 Gamble                 Hamilton
Harrell                Harvin                 Haskins
Hinson                 Jordan                 Keegan
Kelley                 Kirsh                  Klauber
Koon                   Lanford                Law
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Loftis
Martin                 McCraw                 McKay
McLeod                 Meacham                Miller
Mullen                 Neilson                Phillips
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sheheen                Simrill
Smith, R.              Stille                 Stoddard
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--74

Those who voted in the negative are:

Altman                 Baxley                 Bowers
Breeland               Brown, G.              Brown, J.
Byrd                   Canty                  Cave
Clyburn                Cobb-Hunter            Delleney
Fleming                Gourdine               Govan
Hawkins                Hines, J.              Hines, M.
Howard                 Inabinett              Jennings
Kennedy                Kinon                  Knotts
Lloyd                  Mack                   Maddox
Mason                  McMahand               Neal
Parks                  Pinckney               Scott
Smith, D.              Smith, F.              Webb
Whatley                Whipper                Young

Total--39

So, the amendment was tabled.

Rep. JENNINGS proposed the following Amendment No. 15 (Doc Name P:\AMEND\DKA\4090MM.97), which was tabled.

Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, page 3272-2, beginning on line 3, by deleting Section 37-10-105(A), and inserting:

/ (A)     If a creditor violates a provision of this chapter, the debtor has a cause of action, other than in a class action, to recover actual damages and also a right in an action, other than in a class action, to recover from the person violating this chapter a penalty in an amount determined by the court of not less than one thousand dollars and not more than ten thousand dollars. A debtor may not bring a class action for a violation of this chapter, nor may a debtor bring an action more than three years after the violation occurred, except as set forth in subsection (C). The dollar amounts provided in this subsection are subject to the periodic increases in Section 37-1-109.

Amend title to conform.

Rep. JENNINGS explained the amendment.

Rep. GAMBLE moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:

Yeas 68; Nays 36

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Barrett                Bauer                  Beck
Boan                   Bowers                 Brown, H.
Carnell                Cato                   Chellis
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Edge
Gamble                 Hamilton               Harrell
Harvin                 Haskins                Hinson
Jordan                 Keegan                 Kirsh
Klauber                Koon                   Law
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Loftis
Maddox                 Martin                 Mason
McCraw                 McKay                  McLeod
Meacham                Mullen                 Phillips
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Simrill
Smith, R.              Stille                 Stoddard
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Wilder                 Wilkes                 Wilkins
Woodrum                Young-Brickell

Total--68

Those who voted in the negative are:

Altman                 Battle                 Baxley
Breeland               Brown, J.              Brown, T.
Byrd                   Campsen                Cave
Cobb-Hunter            Delleney               Easterday
Fleming                Gourdine               Govan
Hawkins                Hines, J.              Hines, M.
Howard                 Inabinett              Jennings
Kennedy                Kinon                  Knotts
Lloyd                  Mack                   McMahand
Miller                 Neal                   Neilson
Pinckney               Scott                  Sheheen
Smith, F.              Whatley                Whipper

Total--36

So, the amendment was tabled.

Rep. JENNINGS proposed the following Amendment No. 16 (Doc Name P:\AMEND\DKA\4089MM.97), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION __.     Section 37-10-102 of the 1976 Code, as last amended by Act 355 of 1996, is further amended by adding:

"(c)     A foreclosure action brought by a creditor to recover the unpaid balance of a loan that is secured in whole or in part by a lien on real estate may be brought only upon an affirmative showing by the creditor that it has complied with the terms of this section. Without written proof of compliance with this section, a lien on real estate purporting to secure a loan is void, and the loan is unsecured. /

Renumber sections to conform.

Amend title to conform.

Rep. JENNINGS moved to table the amendment, which was agreed to.

Rep. JENNINGS proposed the following Amendment No. 17 (Doc Name P:\AMEND\DKA\4091MM.97), which was tabled.

Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, by Section 37-10-105, page 3272, by inserting after line 34:

/(E)     If a creditor is found to be in violation of this chapter, the affected debtor may rescind the transaction, and the creditor shall repay finance charges incurred by the debtor in connection with the transaction, with interest assessed at the interest rate charged the debtor by the creditor in the transaction./

Reletter subsections to conform.

Amend title to conform.

Rep. JENNINGS moved to table the amendment, which was agreed to.

Rep. D. SMITH proposed the following Amendment No. 18 (Doc Name P:\AMEND\JIC\5449HTC.97), which was tabled.

Amend the report, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___.     The attorney preference notice must be given for any loan involving a lien on real estate, regardless of amount or agricultural use, within three days of application and not less than three business days before closing and it must be signed and dated by the borrower./

Renumber sections to conform.

Amend title to conform.

Rep. D. SMITH moved to table the amendment, which was agreed to.

Rep. D. SMITH proposed the following Amendment No. 19 (Doc Name P:\AMEND\JIC\5450HTC.97), which was tabled.

Amend the report, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___.     ALL LENDERS ARE REQUIRED TO KEEP RESUMES, INCLUDING PRICE RANGES AND EXPERIENCE, FROM ALL ATTORNEYS WHO WANT TO DO CLOSINGS IN THE AREA SERVED BY ANY OF THE LENDERS' BRANCHES AND LENDERS ARE ALLOWED ONLY TO REFER BORROWERS TO THIS LIST, THE PHONE BOOK, OR LAWYER REFERRAL./

Renumber sections to conform.

Amend title to conform.

Rep. D. SMITH moved to table the amendment, which was agreed to.

Rep. D. SMITH proposed the following Amendment No. 20 (Doc Name P:\AMEND\JIC\5451HTC.97), which was tabled.

Amend the report, as and if amended, by adding an apropriately numbered SECTION to read:

/SECTION ___.     The attorney preference notice form must contain language telling borrowers:

(1)     that the lender's interests are different from the borrower's and are necessarily in conflict with the borrower's and, therefore, the borrower needs to consult with his own attorney about the loan both before and during the closing; and

(2)     that the borrower should contact various attorneys on the various lists, decide on one, and let the lender know the borrower's choice within three business days of the closing./

Renumber sections to conform.

Amend title to conform.

Rep. D. SMITH moved to table the amendment, which was agreed to.

Rep. D. SMITH proposed the following Amendment No. 21 (Doc Name P:\AMEND\JIC\5452HTC.97), which was tabled.

Amend the report, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___.     Lenders are prohibited from charging borrowers for title searches by nonlawyers./

Renumber sections to conform.

Amend title to conform.

Rep. D. SMITH moved to table the amendment, which was agreed to.

Rep. D. SMITH proposed the following Amendment No. 22 (Doc Name P:\AMEND\JIC\5454HTC.97), which was tabled.

Amend the report, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___.     Lenders are prohibited from charging borrowers for document preparation by anyone other than an attorney licensed in this State./

Renumber sections to conform.

Amend title to conform.

Rep. D. SMITH moved to table the amendment, which was agreed to.

Rep. D. SMITH proposed the following Amendment No. 23 (Doc Name P:\AMEND\DKA\4152MM.97), which was adopted.

Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, Section 37-10-105(A), SECTION 1, page 2, line 10, by deleting / three / and inserting / twenty /.

Amend title to conform.

Rep. D. SMITH explained the amendment.

The amendment was then adopted.

Rep. D. SMITH proposed the following Amendment No. 24 (Doc Name P:\AMEND\DKA\4151MM.97), which was tabled.

Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __.     If a part of this section is found to be unconstitutional, or otherwise void, the entire act becomes void and the governing law reverts to the provisions of the statute before the enactment of this act./

Renumber sections to conform.

Amend totals and title to conform.

Rep. D. SMITH moved to table the amendment, which was agreed to.

Rep. D. SMITH proposed the following Amendment No. 25 (Doc Name P:\AMEND\DKA\4156MM.97), which was tabled.

Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __.     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 must not exceed one hundred fifty 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)(a)     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)(b)     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."

Renumber sections to conform.

Amend title to conform.

Rep. D. SMITH moved to table the amendment, which was agreed to.

Rep. D. SMITH proposed the following Amendment No. 26 (Doc Name P:\AMEND\DKA\4158MM.97), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION __.     Section 37-10-106 of the 1976 Code is amended by adding:

"(4)     An interest rate greater than the Federal Discount Rate plus ten percent a year may not be charged on a loan secured by a mortgage."/

Renumber sections to conform.

Amend title to conform.

Rep. D. SMITH moved to table the amendment, which was agreed to.

Rep. D. SMITH proposed the following Amendment No. 27 (Doc Name P:\AMEND\DKA\4154MM.97), which was tabled.

Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, Section 37-10-105, SECTION 1, by adding an appropriately lettered subsection to read:

/( ) For purposes of this section, the term 'actual damages' is presumed to be not less than ten thousand dollars for each occurrence./

Reletter subsections to conform.

Amend title to conform.

Rep. D. SMITH moved to table the amendment, which was agreed to.

Rep. D. SMITH proposed the following Amendment No. 28 (Doc Name P:\AMEND\DKA\4150mm.97), which was tabled.

Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, Section 37-10-105, SECTION 1, page 2, beginning on line 17, by deleting subsection (C) in its entirety.

Amend further by adding an appropriately numbered SECTION to read:

/SECTION __.     Section 37-5-108 of the 1976 Code, as last amended by Act 135 of 1995, is further amended by adding:

"(10)     The provisions of this section apply to all transactions in which a lien is taken on real estate, including all mortgage transactions, in the same manner as they apply to consumer loans."/

Reletter subsections to conform.

Renumber sections to conform.

Amend totals and title to conform.

Rep. D. SMITH moved to table the amendment, which was agreed to.

Rep. D. SMITH proposed the following Amendment No. 29 (Doc Name P:\AMEND\DKA\4149mm.97), which was tabled.

Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, Section 37-10-105, SECTION 1, PAGE 3272-2, BY DELETING /THREE YEARS AFTER THE VIOLATION OCCURRED/ AND INSERTING / TWENTY YEARS AFTER THE DEBTOR KNEW OR SHOULD HAVE KNOWN THAT A VIOLATION OCCURRED /.

Amend title to conform.

Rep. D. SMITH moved to table the amendment, which was agreed to.

Rep. D. SMITH proposed the following Amendment No. 30 (Doc Name P:\AMEND\DKA\4153MM.97), which was tabled.

Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, Section 37-20-105, SECTION 1, page 2, beginning on line 12, by striking subsection (B) in its entirety and inserting:

/A creditor may not be held liable in an action brought under this section if the creditor 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./

Reletter subsections to conform.

Amend title to conform.

Rep. D. SMITH moved to table the amendment, which was agreed to.

Rep. D. SMITH proposed the following Amendment No. 31 (Doc Name P:\AMEND\DKA\4157MM.97), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __.     Section 37-10-106 of the 1976 Code is amended by adding:

"(4)     An interest rate greater than ten percent a year may not be charged on first mortgage loans in which the value of the mortgaged property meets or exceeds the principal amount of the loan."/

Renumber sections to conform.

Amend title to conform.

Rep. D. SMITH moved to table the amendment, which was agreed to.

Rep. D. SMITH proposed the following Amendment No. 32 (Doc Name P:\AMEND\DKA\4159MM.97), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __.     Section 37-10-102 of the 1976 Code, as last amended by Act 355 of 1996, is further amended by adding:

"(c)     If a creditor violates the attorney or insurance agent preference requirements in subsection (a) of this section, the debtor shall recover, in addition to the amounts awarded pursuant to Section 37-10-105 of this chapter, the total amount charged by the creditor for insurance of any kind, and the total amount charged by the creditor for title search, document preparation, and attorney's fees."/

Renumber sections to confrom.

Amend title to conform.

Rep. D. SMITH moved to table the amendment, which was agreed to.

Rep. D. SMITH proposed the following Amendment No. 33, which was tabled.

/SECTION 1:     Section 37-10-105 of the 1976 Code is amended to read:

"Section 37-10-105.     (A)     With respect to a loan transaction subject to the provisions of this chapter, and also including a transaction which involves a lien on real estate, a person who receives or contracts to receive a loan finance charge or other charge or fee in violation of this chapter shall forfeit:

(1)     the total amount of the loan finance charge and the costs of the action; and the unpaid balance of the loan must be repaid without a loan finance charge;

(2)     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.

(B)     The amount awarded pursuant to subsection (A) must not exceed fifteen thousand dollars.

(C)     In an action in which it is found that a creditor has violated this chapter, the court shall award to the debtor the costs and attorneys' fees incurred in bringing the action.

(D)     A debtor may bring an action pursuant to this section as a separate action or as a counterclaim to an action brought by the creditor to recover the unpaid balance.

(1)     If the debtor recovers damages or penalties in a counterclaim, he is entitled to a setoff of damages or penalties against a balance owed to the creditor, and the creditor shall apply the setoff to the debtor's arrearage before acceleration of the total unpaid balance.

(2)     A debtor prevailing in a counterclaim is also entitled to a waiver by the creditor of all late payment penalties, attorneys' fees, or other charges, and adverse credit information reported to a credit reporting agency in connection with the debtor's account must be withdrawn.

(E)     A creditor may not be held liable in an action for a violation of this section if the creditor shows by a preponderance of the 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.

(F)     No action may be brought under this chapter more than one year after the scheduled or accelerated maturity of the debt.

SECTION     2.     Section 37-5-108 of the 1976 Code is amended by adding:

(10)     The provisions of this section apply to all transactions in which a lien is taken on real estate in the same manner as they apply to consumer loans.

SECTION     3.     This act takes effect upon approval by the Governor and shall affect any action brought after the effective date of this act. Any such action brought prior to the effective date of this act shall be governed by the law applicable at the time such action was filed. If any provision of this act is found to be unconstitutional or otherwise invalid, the entire act is void and the law must be applied as it existed before the enactment of this act./

Rep. D. SMITH moved to table the amendment, which was agreed to.

Reps. CATO and GAMBLE proposed the following Amendment No. 34 (Doc Name P:\AMEND\DKA\4155MM.97), which was tabled.

Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     Section 37-10-105 of the 1976 Code is amended to read:

"Section 37-10-105.     With respect to a loan transaction subject to the provisions of this chapter, any person who shall receive or contract to receive a loan finance charge or other charge or fee in violation of this chapter shall forfeit--

(a) the total amount of the loan finance charge and the costs of the action; and the unpaid balance of the loan shall be repayable without any loan finance charge;

(b) 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, to be collected by a separate action or allowed as a counterclaim in any action brought to recover the unpaid balance.

(A)     If a creditor violates a provision of this chapter, the debtor has a cause of action, other than in a class action, to recover actual damages and also a right in an action, other than in a class action, to recover from the person violating this chapter a penalty in an amount determined by the court of not less than one thousand dollars and not more than six thousand dollars. A debtor may not bring a class action for a violation of this chapter, nor may a debtor bring an action more than three years after the violation occurred, except as set forth in subsection (C).

(B)     A creditor may not be held liable in an action brought under this section for a violation of this chapter if the creditor 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.

(C)     If the court finds as a matter of law that the agreement or transaction is unconscionable pursuant to Section 37-5-108 at the time it was made, or was induced by unconscionable conduct, the court may, in an action other than a class action:

(1)     refuse to enforce the agreement, or a term, or part of the agreement or transaction that the court holds to have been unconscionable at the time it was made;

(2)     refuse to enforce the remainder of the agreement without the unconscionable term or part, or limit the application of the unconscionable term or part to avoid an unconscionable result; and

(3)     award actual damages resulting from the violation of this chapter, plus attorneys' fees and costs.

An action pursuant to this subsection may not be brought after the original scheduled maturity date of the debt.

(D)     In an action in which it is found that a creditor has violated this chapter, the court shall award to the debtor the costs of the action and to his attorneys their reasonable fees. In determining attorneys' fees, the amount of the recovery on behalf of the debtor is not controlling."

SECTION     2.     If a provision of this act or its application to a person or circumstance is held to be unconstitutional or otherwise invalid, the remainder of this act and the application of that provision to other persons or circumstances are not affected, and it must be conclusively presumed that the General Assembly would have enacted the remainder of this act without the invalid or unconstitutional provision.

SECTION     3.     This act takes effect upon approval by the Governor and applies to causes of action, including appeals, pending on that date and actions filed on and after that date; except that this act shall not be construed to prevent persons who are members or putative members of a class in a pending action or appeal filed as a class action from pursuing in individual actions the remedies provided in this act, and the statute of limitations applicable to those persons shall be deemed to have been tolled during the pendency of those class actions, and shall commence running again as to those persons upon the effective date of this act. /

Amend title to conform.

Rep. GAMBLE explained the amendment.

POINT OF ORDER

Rep. D. SMITH raised the Point of Order that Section 3 of the amendment was out of order.

The SPEAKER stated that before he could rule Section 3 out of order, the question would have to be divided. The entire amendment would have to be out of order, not just a section, therefore he overruled the Point of Order.

POINT OF ORDER

Rep. D. SMITH: "If this amendment makes the Bill retroactive, that point has already been decided under a previous amendment and it has been clinched."

Rep. GAMBLE: "The amendment basically is Amendment Number 1 (committee amendment) and Amendment Number 2, but the fines have been changed. They have been increased to $6,000."

SPEAKER WILKINS: "Amendment Number 1 was adopted."

Rep. GAMBLE: "This amendment changes the fine in Amendment Number 1 from $100 to $1000. Then, we adopted Amendment Number 5 which put it to $5000 and this puts it to $6000."

SPEAKER WILKINS: "We also adopted Amendment Number 3 which deleted the retroactivity aspect. Does this amendment address that?"

Rep. GAMBLE: "This amendment puts us back in the same posture as Amendment Number 1 did."

SPEAKER WILKINS: "So it reverses what the House did on Amendment Number 3."

Rep.HASKINS: "One of the things that this amendment would do was to reverse Amendment Number 3, but it does other things as a way of compromise. It also increases the limits of liability. It is a way of trying to find some middle ground. If all this amendment did was reinstate the Bill as it was before Amendment Number 3, then the point would be valid that this question has already been decided. But this amendment does more than that. It does several things in the way of trying to seek some common ground in between two positions and to do that you have to come off of Amendment Number 3 and you also have to come off of Amendment Number 1."

SPEAKER WILKINS: "Amendment Number 1 hadn't been clinched, Amendment Number 3 has been clinched - that's your Point of Order Mr. Smith?"

Rep. D. SMITH: "Yes, this is identical to Number 3 and my point was exactly that Rep. Gamble's first expression to us was that this undoes what we did previously."

SPEAKER WILKINS: "Well, there is no question that Amendment Number 3 has been clinched - I don't think there is any doubt that you can no longer make a motion to reconsider Amendment Number 3. The question is whether you can later have an amendment that indirectly does what you can't do directly - that is reconsider Amendment Number 3."

Rep. HASKINS: "If that was all this amendment did, then it would be out of order. But this amendment does more than that."

SPEAKER WILKINS: "If you clinch something and then you want to undo that, you can't put up an amendment that directly undoes that because you have already clinched it. So you cloud that by putting up an amendment that does 3 things - one of which undoes what you can't now do under the rules. Just because you camouflage it by doing other things - does that make it OK?"

Rep. HASKINS: "If we were in the budget and we had budgeted $20,000 for a particular agency and we clinched it, a later amendment that said $30,000 would be in order even though it undid what you did in the earlier amendment."

SPEAKER WILKINS: "I don't disagree with that, but that to me is not the same analogy - that's not apples to apples. Amendment Number 3 deleted the retroactivity. Miss Gamble tells me this puts the retroactivity back in there. There is no question that she couldn't make a motion to reconsider Amendment Number 3. This amendment here is in effect reconsidering Amendment Number 3 - that is what gives me a problem."

Rep. HASKINS: "I have to argue that this is not reconsidering Amendment Number 3. This is a totally different position."

Rep. SHEHEEN: "Mr. Smith's Point of Order is that Section Three is out of order because it reverses Amendment Number 3 and that has been clinched. All you have to do is strike out Section Three and put the rest of Miss Gamble's amendment to a vote."

SPEAKER WILKINS: "We are under cloture - I don't know if we can do that."

Rep. SHEHEEN: "On a Point of Order you can do that under cloture. You don't suspend the rules with cloture."

Rep. CROMER: "For what it is worth, if it is the opinion of the Chair that we can't unclinch a clinched concept, we can divide the question and vote on her two novel issues presented in this amendment. So I would move to divide the question if Miss Gamble would..."

Rep. FELDER: "Does it prevent an adoption of an amendment even if it rewrites the Bill in its entirety?"

SPEAKER WILKINS: "What rule are you looking at?"

Rep. FELDER: "9.3, and what she has done is rewritten the Bill in its entirety, not trying to reconsider one clinched amendment, this amendment goes greater than the clinched amendment. She is rewriting the Bill in its entirety. Rule 9.3 allows you to do that which she is doing.
This amendment is in under Rule 9.3."

Rep. D.SMITH: "After looking at the Bill if we can divide the question on all of that part which has not already been clinched, I'd be happy to vote for it because it increases the damages and I'd be most happy to do that - that's exactly what I'd like to see happen."

SPEAKER WILKINS: "Your Point of Order was that the amendment was out of order because it undoes what was done to Amendment Number 3 which was already clinched - right?"

Rep. GAMBLE: "Do you also not take into consideration that these amendments were put on the desk before cloture was invoked and that they have the right to be considered because when they were put on the desk, none of these amendments had been adopted."

SPEAKER WILKINS: "That's correct, but you still have to follow the rules regardless of when they were put up."

Rep. HASKINS: "I urge the Point of Order be overruled because it would set a precedent for this House that would be unworkable in the future. For example, if this body had adopted Amendment Number 1, which we did, if we had then invoked cloture, since Amendment Number 1 was the entire Bill, then no further amendments could be considered. No further amendments could ever be considered because if we had considered Amendment Number 1 twice and Amendment Number 1 was adopted, you could never have Amendment 2 because it seeks to amend Amendment Number 1 and you couldn't have Amendment Number 3 because it would amend Amendment Number 1. All the twice considered rule says is you can't bring up that initial amendment again, and this is an entirely different matter that covers much more than just that amendment."

Rep. D. SMITH: "I take the opposite approach than what Rep. Haskins is saying. Basically, we might as well not have a motion to reconsider to clinch if we take that idea. The idea is that I might as well as a committee member put up amendments endlessly that basically are the same as the original amendment with minor changes from now on. If we do this we could get into endless debate."

Rep. HASKINS: "In Rule 8.14 which is the clincher rule, it specifically says in the middle of the paragraph, if the House shall refuse to reconsider or upon reconsideration or upon reconsideration shall affirm its first decision, no further motion shall be in order except by unanimous consent and that's specifically referring to no further motions relating to that initial amendment shall be in order. There is nothing in the rules that prohibits further amendment to the Bill and I would reiterate this will create a precedent so that all we need to do from now on is pass the committee amendment, clinch it and all other amendments will be out of order."

SPEAKER WILKINS: "Assuming we weren't under cloture, do you believe now that you could put an amendment on the desk that would put retroactivity in and you would be allowed to do that and the clincher motion wouldn't prevent that?"

Rep. HASKINS: "No, not if that's all the amendment did."

SPEAKER WILKINS: "You think the distinction is it does more?"

Rep. HASKINS: "If you have an amendment that's a compromise between two positions."

SPEAKER WILKINS: "What if I put an amendment on the desk, if we weren't under cloture that puts retroactivity back in and changes a figure on the penalty? Two things - more than one."

Rep. HASKINS: "Then that is a different question, it creates an entirely different question for this body to consider. Do you want to have retroactivity if the penalties are higher? That's a different question."

Rep. FELDER: "Your example under 9.3 would be fine as long as it is germane. In other words nothing would prevent how I voted on the prevailing side of Number 1. I can move to reconsider Number 1- it could be tabled; that would clinch Number 1, but would that negate Number 3? Nothing prevents you under 9.3 as long as it is germane."

Rep. BAXLEY: "As the chair is aware of Rule 6.6 - it says that Mason's Legislative Manual will be used to resolved these questions. Section 457 says as follows under subsection 2: 'To prevent abuse of the motion to reconsider, the same question cannot be reconsidered the second time.'"

SPEAKER WILKINS: "I understand that. It is just the interpretation of whether or not an amendment that deals with many subjects and happens to deal with one of that subject, whether or not that is going to be ruled by me as indirectly doing what you can't do directly after you clinch it."

Rep. BAXLEY: "But Mason's goes on to say that in order for it to be a same question, not the same amendment. We're talking about the same issue. It says that it must be a substantially different proposition before it can be considered."

SPEAKER WILKINS: "So you argue for the Point of Order? Or against the Point of Order?"

Rep. BAXLEY: For the Point of Order."

Rep. LIMBAUGH: "I want to reiterate what Rep. Haskins was saying that if we had clinched the vote on Amendment Number 1, we could not have considered any further amendments because an amendment by definition changes what we are working on. If we had clinched Number 1, that would have been the bill. Any further amendment would have been out of order because it would have been a reconsideration to the extent that it changed the bill."

SPEAKER WILKINS: "It depends on what was in the bill and what was in Amendment Number 1. If it is something different it wouldn't have clinched it."

Rep. LIMBAUGH: "It would change it to the extent that it either added it or changed."

SPEAKER WILKINS: "I am going to overrule the Point of Order under Rule 9.3 and the other arguments presented. I think the analogy of getting this house boxed in where you adopt an amendment that is the bill, and then clinch it, might put us in a box we don't want to be in in the future. Such a practice could prevent further amendments and reasonable debate. I think if this amendment dealt only with the retroactivity aspect, that the attempt would be to do indirectly what you can't do directly once you clinch it, but, that is not the case here. I think if this amendment were divided, and then a Point of Order was made on a particular section, then it would be a different ruling. But the Point of Order claimed the entire amendment to be out of order. I, therefore, overrule the Point of Order."

Rep. CROMER moved to divide the question.

POINT OF ORDER

Rep. FELDER raised the Point of Order that once the House invokes the previous question, it cannot divide the question on an amendment.

The SPEAKER stated that the question can be divided under Rule 8.10 and he overruled the Point of Order.

Rep. CATO moved to table the motion to divide the question and demanded the yeas and nays, which were taken resulting as follows:

Yeas 57; Nays 56

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Barrett                Brown, H.              Brown, J.
Campsen                Carnell                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Edge
Felder                 Gamble                 Hamilton
Harrell                Haskins                Hinson
Jordan                 Keegan                 Kelley
Klauber                Koon                   Lanford
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Loftis
Martin                 McCraw                 McKay
Meacham                Mullen                 Phillips
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Smith, R.              Stille                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Wilder                 Wilkes
Witherspoon            Woodrum                Young-Brickell

Total--57

Those who voted in the negative are:

Altman                 Battle                 Bauer
Baxley                 Beck                   Boan
Bowers                 Breeland               Brown, G.
Brown, T.              Byrd                   Canty
Cave                   Clyburn                Cobb-Hunter
Cromer                 Delleney               Easterday
Fleming                Gourdine               Harrison
Harvin                 Hawkins                Hines, J.
Hines, M.              Hodges                 Inabinett
Jennings               Kennedy                Kinon
Kirsh                  Knotts                 Lloyd
Mack                   Maddox                 Mason
McLeod                 McMahand               Miller
Neal                   Neilson                Parks
Pinckney               Rhoad                  Scott
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, F.              Stoddard
Webb                   Whatley                Whipper
Wilkins                Young

Total--56

So, the motion to divide the question was tabled.

Rep. GAMBLE continued speaking.

Rep. WILKES spoke in favor of the amendment.

Reps. CROMER, BAXLEY and KIRSH spoke against the amendment.

Rep. CROMER moved to table the amendment.

Rep. CATO demanded the yeas and nays, which were taken resulting as follows:

Yeas 57; Nays 53

Those who voted in the affirmative are:

Altman                 Bauer                  Baxley
Beck                   Bowers                 Breeland
Brown, J.              Brown, T.              Byrd
Canty                  Cave                   Clyburn
Cobb-Hunter            Cotty                  Cromer
Davenport              Delleney               Easterday
Fleming                Gourdine               Hamilton
Harrison               Harvin                 Hawkins
Hines, J.              Hines, M.              Hodges
Inabinett              Jennings               Kelley
Kinon                  Kirsh                  Knotts
Lloyd                  Mack                   Mason
McLeod                 McMahand               Miller
Neal                   Neilson                Parks
Pinckney               Rice                   Scott
Sharpe                 Sheheen                Smith, D.
Smith, F.              Smith, R.              Stoddard
Webb                   Whatley                Whipper
Wilkins                Witherspoon            Young

Total--57

Those who voted in the negative are:

Allison                Bailey                 Barrett
Battle                 Boan                   Brown, H.
Campsen                Carnell                Cato
Chellis                Cooper                 Dantzler
Edge                   Felder                 Gamble
Harrell                Haskins                Hinson
Jordan                 Keegan                 Klauber
Koon                   Lanford                Law
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Loftis
Martin                 McCraw                 McKay
Meacham                Mullen                 Phillips
Rhoad                  Riser                  Robinson
Rodgers                Sandifer               Seithel
Simrill                Stille                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Wilder                 Wilkes
Woodrum                Young-Brickell

Total--53

So, the amendment was tabled.

SPEAKER PRO TEMPORE IN CHAIR

Rep. CAMPSEN proposed the following Amendment No. 35 (Doc Name P:\AMEND\PT\2972MM.97), which was adopted.

Amend the report of the Committee on House Labor, Commerce and Industry, as and if amended, by striking all after the enacting words and inserting:

/ SECTION     1.     Section 37-10-105 of the 1976 Code is amended to read:

"Section 37-10-105.     With respect to a loan transaction subject to the provisions of this chapter, any person who shall receive or contract to
receive a loan finance charge or other charge or fee in violation of this chapter shall forfeit--

(a) the total amount of the loan finance charge and the costs of the action; and the unpaid balance of the loan shall be repayable without any loan finance charge;

(b) 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, to be collected by a separate action or allowed as a counterclaim in any action brought to recover the unpaid balance.

(A)     If a creditor violates a provision of this chapter, the debtor has a cause of action, other than in a class action, to recover actual damages and also a right in an action, other than in a class action, to recover from the person violating this chapter a penalty in an amount determined by the court of not less than one hundred dollars and not more than one thousand dollars. A debtor may not bring a class action for a violation of this chapter, nor may a debtor bring an action more than three years after the violation occurred, except as set forth in subsection (C).

(B)     A creditor may not be held liable in an action brought under this section for a violation of this chapter if the creditor 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.

(C)     If the court finds as a matter of law that the agreement or transaction is unconscionable pursuant to Section 37-5-108 at the time it was made, or was induced by unconscionable conduct, the court may, in an action other than a class action:

(1)     refuse to enforce the agreement, or a term, or part of the agreement or transaction that the court holds to have been unconscionable at the time it was made;

(2)     refuse to enforce the remainder of the agreement without the unconscionable term or part, or limit the application of the unconscionable term or part to avoid an unconscionable result; and

(3)     award:

(a)     the total amount of the loan finance charge and allow repayment of the unpaid balance of the loan without any finance charge;

(b)     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; and

(c)     attorney's fees and costs.

An action pursuant to this subsection may not be brought after the original scheduled maturity date of the debt.

(D)     In an action in which it is found that a creditor has violated this chapter, the court shall award to the debtor the costs of the action and to his attorneys their reasonable fees. In determining attorneys' fees, the amount of the recovery on behalf of the debtor is not controlling."

SECTION     2.     This act takes effect upon approval by the Governor and applies to causes of action, including appeals, pending on that date and actions filed on and after that date; except that class actions pending as of the date this bill passes third reading in the House of Representatives may proceed, but with remedies pursuant to subsection (A). /

Renumber sections to conform.

Amend title to conform.

Rep. CAMPSEN explained the amendment.

Reps. HAWKINS and BAXLEY spoke against the amendment.

SPEAKER IN CHAIR

Rep. BAXLEY moved to table the amendment.

Rep. CATO demanded the yeas and nays, which were taken resulting as follows:

Yeas 51; Nays 63

Those who voted in the affirmative are:

Bauer                  Baxley                 Beck
Breeland               Brown, J.              Brown, T.
Byrd                   Canty                  Cave
Clyburn                Cobb-Hunter            Cromer
Delleney               Easterday              Fleming
Gourdine               Govan                  Harrison
Harvin                 Hawkins                Hines, J.
Hines, M.              Hodges                 Howard
Inabinett              Jennings               Kennedy
Kirsh                  Knotts                 Lloyd
Mack                   Maddox                 Martin
Mason                  McLeod                 McMahand
Neal                   Neilson                Parks
Pinckney               Scott                  Sharpe
Sheheen                Smith, D.              Smith, F.
Stoddard               Webb                   Whatley
Whipper                Wilkins                Young

Total--51

Those who voted in the negative are:

Allison                Altman                 Bailey
Barfield               Barrett                Battle
Boan                   Bowers                 Brown, H.
Campsen                Carnell                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Edge
Felder                 Gamble                 Hamilton
Harrell                Haskins                Hinson
Jordan                 Keegan                 Kelley
Klauber                Koon                   Lanford
Law                    Leach                  Lee
Limbaugh               Limehouse              Littlejohn
Loftis                 McCraw                 McKay
Meacham                Miller                 Mullen
Phillips               Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Simrill
Smith, R.              Stille                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Wilder                 Wilkes
Witherspoon            Woodrum                Young-Brickell

Total--63

So, the House refused to table the amendment.

Rep. BAXLEY moved to divide the question.

Rep. YOUNG-BRICKELL moved to table the motion.

Rep. CATO demanded the yeas and nays, which were taken resulting as follows:

Yeas 62; Nays 52

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Boan
Bowers                 Brown, H.              Campsen
Carnell                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Davenport              Edge                   Felder
Gamble                 Hamilton               Harrell
Haskins                Hinson                 Jordan
Keegan                 Kelley                 Klauber
Koon                   Lanford                Law
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Loftis
McCraw                 McKay                  Meacham
Miller                 Mullen                 Phillips
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Smith, R.
Stille                 Townsend               Tripp
Trotter                Vaughn                 Walker
Wilder                 Wilkes                 Witherspoon
Woodrum                Young-Brickell

Total--62

Those who voted in the negative are:

Altman                 Bauer                  Baxley
Beck                   Breeland               Brown, J.
Brown, T.              Byrd                   Canty
Cave                   Clyburn                Cobb-Hunter
Cromer                 Delleney               Easterday
Fleming                Gourdine               Govan
Harrison               Harvin                 Hawkins
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jennings
Kennedy                Kirsh                  Knotts
Lloyd                  Mack                   Maddox
Martin                 Mason                  McLeod
McMahand               Neal                   Neilson
Parks                  Pinckney               Scott
Sheheen                Simrill                Smith, D.
Smith, F.              Stoddard               Webb
Whatley                Whipper                Wilkins
Young

Total--52

So, the motion to divide the question was tabled.

Rep. BAXLEY moved that the House do now adjourn.

Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:

Yeas 27; Nays 81

Those who voted in the affirmative are:

Altman                 Baxley                 Breeland
Byrd                   Canty                  Clyburn
Cobb-Hunter            Davenport              Delleney
Fleming                Hawkins                Hines, J.
Hines, M.              Hodges                 Howard
Lee                    Mack                   Maddox
McLeod                 McMahand               Neal
Parks                  Robinson               Sharpe
Smith, F.              Trotter                Whipper

Total--27

Those who voted in the negative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Bauer
Beck                   Boan                   Bowers
Brown, H.              Campsen                Carnell
Cato                   Cave                   Chellis
Cooper                 Cotty                  Cromer
Dantzler               Easterday              Edge
Felder                 Gamble                 Govan
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hinson
Inabinett              Jennings               Jordan
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Limbaugh
Limehouse              Littlejohn             Lloyd
Loftis                 Martin                 Mason
McCraw                 McKay                  Meacham
Mullen                 Neilson                Phillips
Pinckney               Rice                   Riser
Rodgers                Sandifer               Scott
Seithel                Simrill                Smith, R.
Stille                 Stoddard               Townsend
Tripp                  Vaughn                 Walker
Webb                   Whatley                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--81

So, the House refused to adjourn.

POINT OF ORDER

Rep. KIRSH raised the Point of Order that Amendment No.1 had already been passed and the amendment dealt with the same two items.

The SPEAKER, citing Rule 9.3, overruled the Point of Order.

PARLIAMENTARY INQUIRY

Rep. HODGES: "Where are we if we pass Amendment Number 3 and then we pass this amendment and they have inconsistent language? Are they both in the bill? Is it first in time or last in time?"

SPEAKER WILKINS: " If this amendment amends what was amended by Amendment Number 3, this one would prevail. If Amendment Number 3 amends a bill and this one amends a bill, they don't conflict, then they are both in the bill."

Rep. HODGES: "That means that the retroactivity language that we passed in Amendment Number 3 is taken out? Or the non-retroactivity language? It nullifies Kirsh's Amendment Number 3?"

SPEAKER WILKINS: "This amendment has the effect of striking everything that has been adopted to date and in the bill."

The question then recurred to the adoption of the amendment.

Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:

Yeas 64; Nays 51

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Boan
Bowers                 Brown, H.              Campsen
Carnell                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Davenport              Edge                   Felder
Gamble                 Hamilton               Harrell
Haskins                Hinson                 Jordan
Keegan                 Kelley                 Klauber
Koon                   Lanford                Law
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Loftis
Maddox                 Martin                 McCraw
McKay                  McLeod                 Meacham
Miller                 Mullen                 Neilson
Phillips               Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Stille
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Wilder
Wilkes                 Witherspoon            Woodrum
Young-Brickell

Total--64

Those who voted in the negative are:

Altman                 Bauer                  Baxley
Beck                   Breeland               Brown, G.
Brown, J.              Brown, T.              Byrd
Canty                  Cave                   Clyburn
Cobb-Hunter            Delleney               Easterday
Fleming                Gourdine               Govan
Harrison               Harvin                 Hawkins
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jennings
Kennedy                Kinon                  Kirsh
Knotts                 Lloyd                  Mack
Mason                  McMahand               Neal
Parks                  Pinckney               Scott
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, F.              Smith, R.
Stoddard               Webb                   Whatley
Whipper                Wilkins                Young

Total--51

So, the amendment was adopted.

Rep. D. SMITH proposed the following Amendment No. 8 (Doc Name P:\AMEND\PT\2925DW.97), which was tabled.

Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, page 3272-2, line 8, by inserting after /dollars./ / two-thirds of the amount of any penalty levied pursuant to the provisions of this section must be credited to the General Fund of the State to be used only for low income housing. /

Renumber sections to conform.

Amend title to conform.

Rep. D. SMITH moved to table the amendment, which was agreed to.

Rep. BAXLEY spoke against the Bill.

AMENDMENT NO. 35--MOTION TO RECONSIDER TABLED

Rep. CATO moved to reconsider the vote whereby Amendment No. 35 was adopted.

Rep. HASKINS moved to table the motion to reconsider and demanded the yeas and nays, which were taken resulting as follows:

Yeas 62; Nays 50

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Boan
Brown, H.              Byrd                   Campsen
Carnell                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Davenport              Edge                   Felder
Gamble                 Hamilton               Harrell
Harvin                 Haskins                Hinson
Jordan                 Keegan                 Kelley
Klauber                Koon                   Lanford
Law                    Leach                  Lee
Limbaugh               Limehouse              Littlejohn
Loftis                 Martin                 McCraw
McKay                  McLeod                 Meacham
Miller                 Mullen                 Neilson
Phillips               Rhoad                  Riser
Rodgers                Sandifer               Seithel
Stille                 Townsend               Tripp
Trotter                Vaughn                 Walker
Wilder                 Wilkes                 Witherspoon
Woodrum                Young-Brickell

Total--62

Those who voted in the negative are:

Altman                 Bauer                  Baxley
Breeland               Brown, G.              Brown, T.
Canty                  Cave                   Clyburn
Cobb-Hunter            Cromer                 Delleney
Easterday              Fleming                Gourdine
Govan                  Harrison               Hawkins
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jennings
Kennedy                Kinon                  Kirsh
Knotts                 Lloyd                  Mack
Mason                  McMahand               Neal
Parks                  Pinckney               Rice
Robinson               Scott                  Sharpe
Sheheen                Simrill                Smith, D.
Smith, F.              Smith, R.              Stoddard
Webb                   Whatley                Whipper
Wilkins                Young

Total--50

So, the motion to reconsider was tabled.

Reps. ALTMAN, HAWKINS and HOWARD spoke against the Bill.

Rep. STILLE spoke in favor of the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. MASON spoke against the Bill.

Rep. LIMBAUGH spoke in favor of the Bill.

AMENDMENT NO. 4--MOTION TO RECONSIDER TABLED

Rep. BAXLEY moved to reconsider the vote whereby Amendment No. 4 was tabled.

Rep. CATO moved to table the motion to reconsider and demanded the yeas and nays, which were taken resulting as follows:

Yeas 61; Nays 53

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Bauer
Boan                   Brown, H.              Campsen
Carnell                Cato                   Chellis
Cooper                 Dantzler               Davenport
Edge                   Felder                 Gamble
Govan                  Harrell                Harvin
Haskins                Hinson                 Jordan
Keegan                 Kelley                 Klauber
Koon                   Lanford                Law
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Loftis
Maddox                 Martin                 McCraw
McKay                  Meacham                Miller
Mullen                 Phillips               Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Stille                 Townsend               Tripp
Trotter                Vaughn                 Walker
Wilder                 Wilkes                 Witherspoon
Woodrum

Total--61

Those who voted in the negative are:

Altman                 Baxley                 Beck
Bowers                 Breeland               Brown, G.
Brown, T.              Byrd                   Canty
Cave                   Clyburn                Cobb-Hunter
Cotty                  Cromer                 Delleney
Easterday              Fleming                Gourdine
Hamilton               Harrison               Hawkins
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jennings
Kennedy                Kinon                  Kirsh
Knotts                 Lloyd                  Mack
Mason                  McLeod                 McMahand
Neal                   Neilson                Parks
Pinckney               Scott                  Sharpe
Sheheen                Simrill                Smith, F.
Smith, R.              Stoddard               Webb
Whatley                Whipper                Wilkins
Young                  Young-Brickell

Total--53

So, the motion to reconsider was tabled.

SPEAKER IN CHAIR
STATEMENT BY REP. CATO

Rep. CATO, pursuant to Rule 9.2, gave notice of offering technical amendments on third reading.

Reps. FLEMING and KNOTTS spoke against the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. KNOTTS continued speaking.

Rep. TRIPP spoke in favor of the Bill.

Reps. HODGES, M. HINES and CROMER spoke against the Bill.

Reps. WILKES and CAMPSEN spoke in favor of the Bill.

Rep. NEAL spoke against the Bill.

SPEAKER IN CHAIR

Rep. NEAL continued speaking.

Rep. KENNEDY moved that the House do now adjourn.

Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:

Yeas 14; Nays 86

Those who voted in the affirmative are:

Altman                 Bowers                 Cave
Clyburn                Cooper                 Fleming
Hodges                 Inabinett              Knotts
Littlejohn             Lloyd                  McLeod
Neal                   Robinson

Total--14

Those who voted in the negative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Bauer
Baxley                 Beck                   Boan
Brown, H.              Byrd                   Campsen
Carnell                Cato                   Chellis
Cotty                  Cromer                 Dantzler
Davenport              Delleney               Easterday
Edge                   Felder                 Gamble
Gourdine               Hamilton               Harrell
Harrison               Harvin                 Haskins
Hawkins                Hines, M.              Hinson
Jennings               Jordan                 Keegan
Kelley                 Kennedy                Kinon
Kirsh                  Klauber                Koon
Law                    Leach                  Lee
Limbaugh               Limehouse              Loftis
Mack                   Maddox                 Martin
Mason                  McCraw                 McKay
Meacham                Miller                 Mullen
Neilson                Parks                  Phillips
Rhoad                  Rice                   Riser
Rodgers                Sandifer               Scott
Seithel                Sheheen                Simrill
Smith, R.              Stille                 Stoddard
Townsend               Trotter                Vaughn
Walker                 Webb                   Whatley
Whipper                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--86

So, the House refused to adjourn.

Rep. NEAL continued speaking.

The question then recurred to the passage of the Bill, as amended, on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 67; Nays 45

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Bauer
Boan                   Brown, H.              Campsen
Carnell                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Davenport              Edge                   Felder
Gamble                 Govan                  Harrell
Harvin                 Haskins                Hinson
Hodges                 Jordan                 Keegan
Kelley                 Kennedy                Klauber
Koon                   Law                    Leach
Lee                    Limbaugh               Limehouse
Littlejohn             Loftis                 Maddox
McCraw                 McKay                  McLeod
Meacham                Miller                 Mullen
Neilson                Phillips               Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Simrill                Stille                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--67

Those who voted in the negative are:

Altman                 Baxley                 Beck
Bowers                 Breeland               Brown, T.
Byrd                   Canty                  Cave
Clyburn                Cobb-Hunter            Cromer
Delleney               Easterday              Fleming
Gourdine               Harrison               Hawkins
Hines, J.              Hines, M.              Howard
Inabinett              Jennings               Kinon
Kirsh                  Knotts                 Lanford
Lloyd                  Mack                   Martin
Mason                  McMahand               Neal
Parks                  Pinckney               Scott
Sharpe                 Sheheen                Smith, F.
Smith, R.              Stoddard               Webb
Whatley                Whipper                Young

Total--45

So, the Bill, as amended, was read the second time and ordered to third reading.

STATEMENT FOR JOURNAL

Unconscionable to unintentional, which would you rather a victim of any misfortune have placed upon them? How does any financial institution being a bank or savings and loans organization not be able to create business with customers of real estate, but allow these potential customers to go to a higher interest market consider themselves to be fair? The problem is not attorney preference; however, the problem is customer preference.

Often so many times, these people are the ones who are treated unintentional and unconscionably unfair.

Rep. THEODORE A. BROWN

RECORD FOR VOTING

I voted against H. 3272, which is in part a good Bill and in some respects a Bill with several problems. I agree the archaic law penalties are excessive, to offer an interest free loan plus double damages. However, under the new provision which calls for a penalty of only $100- $1000 is too low for a company to take as a serious threat. The penalty should have some teeth and as a minimum should carry a $5000 penalty. Companies will simply factor in a low penalty as a risk of doing business.

We set a dangerous precedent as a General Assembly to act as judge on pending legislation and make the Bill retroactive. Our courts are designed to make these decisions. Because of constitutionality concerns, I believe this Bill should have been debated in our judiciary committee.

Lastly, I believe the laws we enact should take place upon the signature of the Governor, not upon third reading of the House. For these reasons, I respectfully vote against this Bill.

Rep. MICHAEL E. EASTERDAY

Rep. SCOTT BECK

RECORD FOR VOTING

I voted against H. 3272. It is, in concept, a good Bill. I applaud its sponsors for correcting a bad law which allowed somebody to collect damages when they had not suffered any damage. Unfortunately, this Bill also goes back and takes rights away from people who were only applying the law. I didn't vote for the bad law so I can't apologize for it. I'd like to fix it now, but not punish anyone who was following the law before now. Also, this Bill says that this law is effective and punishes those law-abiding people when it receives third reading from the House - before the Senate or the Governor have a chance to look at it!

Rep. JAMES L.M. CROMER, JR.

Rep. J.M. KNOTTS, JR.

Rep. JOSEPH H. NEAL

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: H. 3272 General Subject Matter: Attorney Preference

The reason for abstaining on the above reference legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. JAMES EMERSON SMITH, JR.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: H. 3272 General Subject Matter: Provisions for certain loans under the Consumer Credit Code

The reason for abstaining on the above reference legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. JOE McMASTER

H. 3272--MOTION TO RECONSIDER TABLED

Rep. CATO moved to reconsider the vote whereby the following Bill was given a second reading.

H. 3272 -- Reps. Cato, Limehouse, H. Brown, Tripp, Cooper, Chellis, Seithel, Young-Brickell, Carnell, Mason, Meacham, Bailey, Haskins, Gamble, Allison, Trotter, Robinson, Sandifer, Lee, Govan, Law, Sharpe, Loftis, Phillips, Limbaugh, Harrell, J. Smith, J. Brown, Boan, Simrill, Wilkes and Neilson: A BILL TO AMEND SECTION 37-10-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR THE VIOLATION OF CERTAIN LOAN PROVISIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO DELETE CERTAIN PENALTY PROVISIONS, TO CREATE AN INDIVIDUAL CAUSE OF ACTION, AND TO PROHIBIT A CLASS ACTION FOR A VIOLATION OF THE CHAPTER; AND TO MAKE THESE PROVISIONS APPLY TO CAUSES OF ACTION, INCLUDING APPEALS, PENDING ON THE EFFECTIVE DATE OF THIS ACT AND TO ACTIONS FILED ON AND AFTER THAT DATE.

Rep. HASKINS moved to table the motion, which was agreed to.

RECURRENCE TO THE MORNING HOUR

Rep. SCOTT moved that the House recur to the morning hour, which was agreed to.

REPORT OF STANDING COMMITTEE

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3121 -- Reps. Kelley and Bauer: 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 51 SO AS TO PROVIDE FOR THE ISSUANCE OF "SOUTH CAROLINA: FIRST IN GOLF" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF THE FEES COLLECTED.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3561 -- Reps. Scott, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cromer, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION TO PROVIDE THAT PORTRAITS OF FORMER SPEAKERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES SAMUEL J. LEE AND ROBERT BROWN ELLIOTT BE PLACED IN THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES UPON COMPLETION OF THE STATE HOUSE RENOVATION PROJECT.

The Resolution was ordered referred to the Committee on Ways and Means.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 449 -- Senator Hutto: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MRS. SYBIL BOLAND FOR TWENTY-THREE YEARS OF PUBLIC SERVICE ON THE ORANGEBURG COUNTY DEPARTMENT OF SOCIAL SERVICES ADVISORY BOARD.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 3562 -- Reps. Fleming, Whatley, Seithel, McMaster, Sandifer, Knotts, Baxley, Simrill, Young, Hamilton, Trotter, Neilson, Barrett, Walker, Limehouse, Riser, McKay, Gamble, Leach, F. Smith, Battle and Vaughn: A BILL TO AMEND SECTION 23-3-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY AND PROCEDURES FOR RELEASING INFORMATION, SO AS TO REQUIRE THAT INFORMATION BE MADE PUBLIC ON INDIVIDUALS REQUIRED TO REGISTER RATHER THAN TO REQUIRE THE RELEASE OF INFORMATION UPON REQUEST REGARDING A SPECIFIC PERSON AND TO DELETE THE PROVISION AUTHORIZING A SHERIFF TO DISSEMINATE INFORMATION ON A PERSON IF IT IS BELIEVED THE RELEASE WILL DETER THE CRIMINAL ACTIVITY.

Referred to Committee on Judiciary.

H. 3563 -- Reps. Sandifer, Parks, Canty and Lanford: A BILL TO AMEND CHAPTER 19, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3564 -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-225 SO AS TO EXTEND VARIOUS MOTOR VEHICLE INSURANCE COVERAGES TO "LOANER" VEHICLES AND DEMONSTRATOR VEHICLES AND PROVIDE FOR RELATED MATTERS.

Referred to Committee on Labor, Commerce and Industry.

H. 3565 -- Rep. McLeod: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ALLOW INDIVIDUAL TAXPAYERS AGED SIXTY-FIVE YEARS OR OLDER TO DEDUCT NOT MORE THAN FIVE THOUSAND DOLLARS OF SOUTH CAROLINA EARNED INCOME RECEIVED IN A TAXABLE YEAR AND TO LIMIT THE APPLICATION OF THIS DEDUCTION; AND TO AMEND SECTION 12-8-1040, RELATING TO WITHHOLDING EXEMPTION CERTIFICATES, SO AS TO DELETE THE REQUIREMENT FOR ANNUAL REFILING OF THE CERTIFICATE FOR TAXPAYERS SIXTY-FIVE YEARS OF AGE OR OLDER.

Referred to Committee on Ways and Means.

H. 3566 -- Reps. Vaughn, Allison, Sandifer, Wilder, F. Smith, Haskins, Leach, Moody-Lawrence, Hawkins, Hamilton, Fleming, Walker, Klauber, Rice, Loftis, Robinson, D. Smith, Barrett, Martin and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-155 SO AS TO PROVIDE THAT IF A BRIDGE FOR MOTOR VEHICLES OVER A RAILROAD TRACK WHICH BRIDGE IS OWNED BY A RAILROAD COMPANY IS CLOSED BY THE DEPARTMENT OF TRANSPORTATION AS BEING UNSAFE FOR VEHICULAR USE, NO RAILROAD TRAFFIC MAY USE THE TRACK UNDERNEATH SUCH BRIDGE UNTIL IT IS REPLACED OR UNLESS FLAGMEN ARE USED ON THE RAILROAD TRACKS APPROACHING THE BRIDGE UNTIL IT IS REPLACED; AND TO ADD SECTION 58-17-156 SO AS TO ESTABLISH A "RAILROAD BRIDGE REPLACEMENT FUND" INTO WHICH RAILROAD COMPANIES SHALL PAY ASSESSMENTS FOR THE REPLACEMENT OF CERTAIN BRIDGES OWNED BY IT, THE COST OF WHICH SHALL BE SHARED EQUALLY BY THE RAILROAD COMPANY AND THE STATE AND TO PROVIDE THE PROCEDURES UNDER WHICH THESE FUNDS MUST BE EXPENDED.

Referred to Committee on Education and Public Works.

H. 3567 -- Reps. Riser, Koon, Bauer, Knotts and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-17 SO AS TO REQUIRE THE CHIEF ADMINISTRATIVE OFFICER OF A MUNICIPALITY PLANNING TO ANNEX PROPERTY TO NOTIFY THE CHIEF ADMINISTRATIVE OFFICER OF A MUNICIPALITY TO WHICH THE ANNEXING MUNICIPALITY IS CONTIGUOUS OF THE ANNEXATION BEFORE THE ANNEXATION IS COMPLETED.

Referred to Committee on Judiciary.

H. 3568 -- Rep. Govan: A BILL TO AMEND ACT 526 OF 1996, RELATING TO THE CONSOLIDATED SCHOOL DISTRICTS OF ORANGEBURG COUNTY, SO AS TO ESTABLISH A NEW CONSOLIDATED SCHOOL DISTRICT TWO WHICH CONSISTS OF THE BOUNDARIES OF PRESENT SCHOOL DISTRICTS TWO AND EIGHT, TO PROVIDE FOR A BOARD OF TRUSTEES FOR THIS CONSOLIDATED DISTRICT, AND TO PROVIDE FOR ITS POWERS, DUTIES, AND FUNCTIONS.

Referred to Orangeburg Delegation.

H. 3569 -- Reps. Jordan, Altman, Barrett, Simrill, F. Smith, Littlejohn, R. Smith, Meacham, Rodgers, Townsend, Sandifer, Whatley, Riser, Bailey, Cooper, Maddox, Martin, Hamilton, Neilson, Wilder, Stille, Koon, Easterday, Young, Govan, Davenport, Young-Brickell, Inabinett, Mason and Leach: A BILL TO AMEND SECTION 16-15-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDECENT EXPOSURE, SO AS TO DELETE THE CURRENT PROVISIONS, INCLUDING PENALTIES AGAINST A BUSINESS THAT KNOWINGLY PERMITS A VIOLATION OF THIS SECTION WITHIN ITS PREMISES, WHICH PENALTIES MAY INCLUDE A LOSS OF ALCOHOLIC LIQUOR LICENSES, TO DEFINE AND PROHIBIT NUDITY, AND TO PROVIDE PENALTIES FOR VIOLATION.

Referred to Committee on Judiciary.

H. 3570 -- Reps. Vaughn, Walker and Littlejohn: A BILL TO AMEND SECTION 56-3-2350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTER MOTOR VEHICLE LICENSE PLATES, SO AS TO LIMIT THEIR USE TO MOVEMENT OF MOTOR VEHICLES FROM A MANUFACTURER TO A DEALER OR DISTRIBUTOR, IN CONNECTION WITH THE CONSTRUCTION OF VEHICLE CABS OR BODIES, AND MOVING FORECLOSED OR REPOSSESSED VEHICLES AND TO PROHIBIT THE USE OF THESE PLATES ON VEHICLES LOANED, RENTED, OR LEASED TO EMPLOYEES OF THE TRANSPORTER OR ANY OTHER INDIVIDUALS.

Referred to Committee on Education and Public Works.

Rep. J. BROWN moved that the House do now adjourn, which was adopted.

ADJOURNMENT

At 2:10 P.M. the House in accordance with the motion of Rep. J. BROWN adjourned in memory of Dr. Julian E. Grant of Newberry, to meet at 10:00 A.M. tomorrow.

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