Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 p.m.
Deliberations were opened with prayer by Rep. R. BROWN as follows:
Our Father God, we bow in these moments of prayer in acknowledgment of our needs of Your help. We are insufficient of ourselves, burdened by many anxieties, tempted by many temptations, and often disheartened in our weaknesses. Stretch out before us wide horizons and illuminate our paths with Your truths. We pray for light enough to walk constructively through this day, for inner strength to carry heavy burdens, to uncompromising determination to follow Your beckoning, forever to see Your way, and for wills to follow it fearlessly. 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.
Rep. BREELAND moved that when the House adjourns, it adjourn in memory of the Honorable Arthur W. Christopher, Jr., which was agreed to.
The Adoption Procedures Study Committee Report was received and was printed in the Senate Journal on Thursday, January 10.
The following were received and referred to the appropriate committees for consideration:
Document No. 2658
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Document No. 2636
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Repeal Various Sales Tax, Property Tax, Administrative, Estate Tax, Video Game and Income Tax Regulations
Received by Speaker of the House of Representatives
January 15, 2002
Referred to Ways and Means Committee
Legislative Review Expiration May 15, 2002
Document No. 2651
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Alcoholic Liquor Advertising
Received by Speaker of the House of Representatives
January 15, 2002
Referred to Judiciary Committee
Legislative Review Expiration May 15, 2002
Document No. 2662
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Administrative, License Tax, Income Tax and Property Tax Regulations
Received by Speaker of the House of Representatives
January 15, 2002
Referred to Ways and Means Committee
Legislative Review Expiration May 15, 2002
Document No. 2695
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
The Repeal of Various Alcoholic Beverage Regulations
Received by Speaker of the House of Representatives
January 15, 2002
Document No. 2650
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Alcoholic Beverage Commission Name and Cite Change
Received by Speaker of the House of Representatives
January 15, 2002
Referred to Judiciary Committee
Legislative Review Expiration May 15, 2002
Document No. 2672
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-1-140(11)
Retail Food Establishment Inspection Fees
Received by Speaker of the House of Representatives
January 16, 2002
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 16, 2002
Document No. 2697
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-39-10 et seq.
Chapter 30. Apply for a Permit, Decision on a Permit
Chapter 61: Environmental Protection Fees
Received by Speaker of the House of Representatives
January 16, 2002
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 16, 2002
Document No. 2698
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-14-10 et seq.
Standards for Stormwater Management and Sediment Reduction
Received by Speaker of the House of Representatives
January 16, 2002
Document No. 2670
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-1-140, 48-1-30
Standards of Performance for Asbestos Projects
Received by Speaker of the House of Representatives
January 16, 2002
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 16, 2002
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4264 (Word version) -- Reps. Stille, Carnell and Townsend: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME STATE HIGHWAY 72 RUNNING FROM MARKER 1-1-40 IN ABBEVILLE COUNTY TO THE EASTERN TOWN BOUNDARY OF CALHOUN FALLS THE "GRADY L. PATTERSON, JR. HIGHWAY" IN HONOR OF THE DEDICATION, LOVE, AND SERVICE GRADY L. PATTERSON, JR., HAS EXHIBITED OVER HIS LIFETIME FOR HIS STATE AND COUNTRY, CULMINATING IN HIS WORK AS THE STATE TREASURER OF SOUTH CAROLINA AND HIS PROMOTION TO THE RANK OF LIEUTENANT GENERAL OF THE SOUTH CAROLINA AIR NATIONAL GUARD.
Ordered for consideration tomorrow.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 829 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, JAMES H. HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON
On motion of Rep. FLEMING, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
S. 829 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, JAMES H. HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 16, 2002, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
Be it resolved by the Senate, the House of Representatives concurring:
That His Excellency, James H. Hodges, Governor of the State of South Carolina, is invited to address the General Assembly in joint session at 7:00 p.m. on Wednesday, January 16, 2002, in the Chamber of the South Carolina House of Representatives.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The Senate sent to the House the following:
S. 878 (Word version) -- Senators Hutto and Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE THE BRAVE MEN AND WOMEN OF THE ORANGEBURG UNITS OF THE SOUTH CAROLINA NATIONAL GUARD AND TO HONOR THEIR SELFLESS SERVICE TO THEIR COMMUNITY, THE STATE, AND THE NATION BY DECLARING SATURDAY, JANUARY 26, 2002, AS "ORANGEBURG NATIONAL GUARD UNIT APPRECIATION DAY".
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 880 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION COMMENDING AND THANKING THE SOUTH CAROLINA BROADCASTERS ASSOCIATION AND THE SOUTH CAROLINA PRESS ASSOCIATION FOR DONATING THEIR ADVERTISING TIME DURING "TRAVEL AND TOURISM MONTH" - NOVEMBER 2001.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 4520 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION EXTENDING CONGRATULATIONS TO MR. AND MRS. HAROLD J. "PETE" PRICE OF LEXINGTON COUNTY ON THE JOYOUS OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY AND EXPRESSING BEST WISHES TO THE PRICES FOR MANY MORE YEARS OF HAPPINESS TOGETHER.
The Resolution was adopted.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4509 (Word version) -- Reps. Kelley, Walker, Loftis, Chellis, Davenport, Sinclair and Snow: A JOINT RESOLUTION TO APPROPRIATE ALL REVENUES CREDITED TO THE EDUCATION LOTTERY ACCOUNT FROM JANUARY 1, 2002, THROUGH JUNE 30, 2002, TO THE STATE DEPARTMENT OF EDUCATION TO PURCHASE NEW SCHOOL BUSES AND TO APPROPRIATE FOR THIS SAME PURPOSE SEVENTY-FIVE PERCENT OF ALL REVENUES CREDITED TO THE EDUCATION LOTTERY ACCOUNT FROM JULY 1, 2002, THROUGH DECEMBER 31, 2002, WHICH ARE DERIVED FROM UNCLAIMED LOTTERY PRIZE MONEY.
Referred to Committee on Ways and Means
H. 4511 (Word version) -- Reps. Rice, Robinson, Trotter and Webb: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN THE PICKENS COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. RICE, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4512 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-65 SO AS TO AUTHORIZE A PATIENT ASSISTANT TO PROVIDE FEEDING AND HYDRATION SERVICES TO PATIENTS IN NURSING HOMES UNDER THE ONSITE SUPERVISION OF A LICENSED HEALTHCARE PROFESSIONAL IF THE ASSISTANT HAS SUCCESSFULLY COMPLETED A TRAINING PROGRAM AND COMPETENCY EVALUATION CONDUCTED BY THE NURSING HOME.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4514 (Word version) -- Reps. McGee, Knotts, Bingham, Coates, Koon, Lourie and Whatley: A BILL TO AMEND SECTION 23-6-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT IN ADDITION TO EXCEPTIONS TO THE ONE-YEAR RULE PROVIDED IN THIS SECTION, THE PERIOD OF TIME WITHIN WHICH A CANDIDATE MUST OBTAIN THE CERTIFICATION REQUIRED TO BECOME A LAW ENFORCEMENT OFFICER IS AUTOMATICALLY EXTENDED FOR AN ADDITIONAL PERIOD EQUAL TO THE TIME THE CANDIDATE PERFORMED ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING AS A MEMBER OF
H. 4515 (Word version) -- Reps. Knotts, Whatley, Quinn, Loftis, M. Hines, Rutherford, G. Brown, Meacham-Richardson, A. Young, Wilkins, Battle, Bingham, Bowers, Dantzler, Emory, Fleming, Frye, Jennings, Koon, Law, Leach, Limehouse, Lloyd, McGee, Miller, J. M. Neal, Rivers, Sharpe, G. M. Smith, J. E. Smith, J. R. Smith, Taylor, Trotter, Webb and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-447 SO AS TO PROVIDE THAT A RETIRED LAW ENFORCEMENT OFFICER MAY RETURN TO ACTIVE DUTY WITHOUT COMPLETING LAW ENFORCEMENT TRAINING AT THE CRIMINAL JUSTICE TRAINING ACADEMY UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary
H. 4516 (Word version) -- Reps. Sharpe, Witherspoon and Ott: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 120 OF 2001, RELATING TO ESTABLISHMENT OF A THREE-YEAR PILOT PROGRAM OF ALLIGATOR FARMING FOR THE PURPOSE OF DETERMINING THE FEASIBILITY OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL, SO AS TO EXTEND THE THREE-YEAR PILOT PROJECT TO SIX YEARS AND PROVIDE THAT UNTIL JULY 1, 2007, ANY PERSON EIGHTEEN OR OLDER MAY ESTABLISH AN ALLIGATOR FARM FOR THE PURPOSE OF POULTRY MORTALITY DISPOSAL.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4517 (Word version) -- Reps. Sharpe and Wilkins: A BILL TO AMEND SECTION 12-28-2730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF GASOLINE TAX TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THE SECTION AND PROVIDE FOR THE CREATION OF A SPECIAL WATER RECREATIONAL RESOURCES FUND TO BE ADMINISTERED BY THE DEPARTMENT OF NATURAL RESOURCES, TO PROVIDE FOR THE APPORTIONMENT AND EXPENDITURE OF THE FUND
H. 4518 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE GOVERNING BODY OF A COUNTY, SO AS TO PROVIDE THAT AS AN ALTERNATIVE TO THE GRADUATED BUSINESS LICENSE TAX, A COUNTY MAY IMPOSE A FLAT BUSINESS LICENSE TAX IN AN AMOUNT NOT TO EXCEED FIFTEEN DOLLARS THROUGHOUT THE COUNTY.
Referred to Committee on Ways and Means
H. 4519 (Word version) -- Rep. Easterday: A BILL TO AMEND SECTION 56-3-8000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES THE DEPARTMENT MAY ISSUE A SPECIAL LICENSE PLATE WHICH HAS IMPRINTED ON IT THE EMBLEM, SEAL, OR ANOTHER SYMBOL OF AN ORGANIZATION WHICH HAS OBTAINED CERTIFICATION PURSUANT TO SECTION 501(C)(8) OF THE FEDERAL INTERNAL REVENUE CODE.
Referred to Committee on Education and Public Works
The roll call of the House of Representatives was taken resulting as follows:
Allen Altman Askins Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn
Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Hamilton Harrell Harvin Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Keegan Kelley Kennedy Kirsh Klauber Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Owens Parks Perry Phillips Quinn Rhoad Rice Riser Rivers Robinson Rodgers Sandifer Scarborough Scott Sharpe Sheheen Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, January 16.
Merita Allison James Harrison
Jerry Govan Douglas Jennings Todd Rutherford Gary Simrill Jake Knotts
Reps. HARRISON and GOVAN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, January 15.
Announcement was made that Dr. Daniel W. Brake of Charleston is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4411 (Word version)
Date: ADD:
01/16/02 MCLEOD
Bill Number: H. 4507 (Word version)
Date: ADD:
01/16/02 BINGHAM
Bill Number: H. 4433 (Word version)
Date: REMOVE:
01/16/02 MEACHAM-RICHARDSON
Rep. COATES, with unanimous consent, moved to reconsider the vote whereby the following Bill was given a third reading, which was agreed to:
H. 4464 (Word version) -- Reps. McGee, Coates, M. Hines, J. Hines and Askins: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 IN FLORENCE COUNTY TO ADJUST THE SCHOOL DISTRICT'S TAX MILLAGE FOR THE 2002-2003 SCHOOL YEAR TO OFFSET THE MIDYEAR BUDGET CUTS MANDATED BY THE BUDGET AND CONTROL BOARD OF THE STATE OF SOUTH CAROLINA FOR THE SCHOOL DISTRICT DURING THE 2001-2002 SCHOOL YEAR, AND TO PROVIDE THAT THE COUNTY AUDITOR SHALL LEVY THE MILLAGE UPON ALL PROPERTY WITHIN THE SCHOOL DISTRICT, AND THE COUNTY TREASURER SHALL COLLECT THE TAXES LEVIED AND DISBURSE THE FUNDS.
Reps. COATES and MCGEE proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\AMEND\22251CM02), which was adopted:
Amend the bill, as and if amended, page 3, by striking Section 13 in its entirety and inserting:
/SECTION 13. Notwithstanding any other provision of law, the board is hereby authorized to increase for Fiscal Year 2003 the number of mills levied for operation and maintenance of the School District. For Fiscal Year 2003 the board may increase the millage levy over the Fiscal Year 2002 millage levy by the number of mills determined by the board to be necessary to replace any decrease in state appropriations to the School District from the amount of state
Rep. COATES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the third time and ordered sent to the Senate.
Rep. BINGHAM moved to adjourn debate upon the following Joint Resolution until Thursday, January 17, which was adopted:
H. 4497 (Word version) -- Reps. Bingham, Knotts and Riser: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN THE LEXINGTON COUNTY SCHOOL DISTRICT TWO WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4502 (Word version) -- Reps. Walker and Davenport: A BILL TO AMEND ACT 939 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE INMAN-CAMPOBELLO WATER DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE THAT ALL COMMISSIONERS OF THE DISTRICT MUST RESIDE IN THE DISTRICT OR IN ITS SERVICE AREA.
The following Bill 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. 511 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 43-1-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES COUNTY OFFICE BIENNIAL PERFORMANCE AUDITS, SO AS TO REQUIRE A SUBSTANTIVE QUALITY REVIEW IN EACH COUNTY EVERY FIVE YEARS, TO REQUIRE, AMONG OTHER THINGS, A COUNTY'S PERFORMANCE TO BE ASSESSED USING SPECIFIC OUTCOME MEASURES, AND TO REVISE PARTIES TO WHOM THE REPORT IS TO BE PROVIDED.
The following Bill was taken up:
H. 3678 (Word version) -- Reps. Rice and Whipper: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR REGISTERING A MOTOR VEHICLE, SO AS TO PROVIDE THAT A MOTOR VEHICLE DEALER MUST ISSUE A TEMPORARY LICENSE PLATE TO CERTAIN PURCHASERS OF NEW OR USED MOTOR VEHICLES, TO PROVIDE A DESCRIPTION OF THE TEMPORARY LICENSE PLATE AND ITS CONTENTS, TO PROVIDE THAT CERTAIN PERSONS WHO OBTAIN MOTOR VEHICLES FROM A PERSON OTHER THAN A DEALER MUST SUBMIT AN APPLICATION TO THE DEPARTMENT OF PUBLIC SAFETY FOR AN INTERIM LICENSE PLATE AND REGISTRATION CARD, TO PROVIDE A DESCRIPTION OF THE INTERIM LICENSE PLATE AND ITS CONTENTS, TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION; AND TO REPEAL SECTION 56-3-220, RELATING TO THE ATTACHMENT AND DISPLAY OF DEALER "SOLD" CARDS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22129CM01):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
"Section 56-3-210. (A) Persons A person who newly acquiring vehicles acquires a vehicle and owners of foreign vehicles or an owner of a foreign vehicle being moved into this State and required to be registered under this chapter, may have not more than forty-five days in which to register and license them. before operating the vehicle on the state's highways during the forty-five day period contained in this section must:
(1) transfer a license plate from another vehicle pursuant to subsection (D) of this section and Section 56-3-1290;
(2) purchase a new license plate and registration;
(3) purchase a temporary license plate from the Division of Motor Vehicles pursuant to subsection (B) of this section;
(4) purchase a temporary license plate from the county auditor's office in the county in which the person resides pursuant to subsection (b)_of this section; or
(5) obtain a temporary license plate from a dealer of new or used vehicles pursuant to subsection (C) of this section.
(B) The Division of Motor Vehicles, or the county auditor's office must, upon proper application, issue a temporary license plate approved by the Division of Motor Vehicles to an applicant pursuant to subsection (A) of this section. The Division of Motor Vehicles or the county auditor's office must insert clearly and indelibly on the face of the temporary license plate the date of expiration and other information the Division of Motor Vehicles may require. The expiration date may not extend beyond forty-five days from the vehicle's date of purchase. A bill of sale must be maintained in the vehicle at all times to verify its date of purchase to a law enforcement officer. The bill of sale must provide a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. The Division of Motor Vehicles may charge a five dollar fee for the temporary license plate which the Comptroller General must place into a special restricted account to be used by the division to defray the expenses of the division associated with the production and issuance of the temporary license plates. The county auditor's office also may charge a five dollar fee for the temporary license plate to defray the expenses of the county auditor's office associated with the production and issuance of the temporary license plates.
(C) A dealer of new or used vehicles may issue to the purchaser of a vehicle at the time of its sale a temporary license plate that may
(D) If a person intends to transfer a license plate from one vehicle to another vehicle, he may place the license plate to be transferred on the newly acquired vehicle on the date of its purchase. The bill of sale and registration which corresponds to the license plate must be maintained in the newly acquired vehicle at all times to verify its date of purchase to a law enforcement officer. The purchaser must register the vehicle with the Division of Motor Vehicles within forty-five days from its purchase date.
(E) A person must replace a temporary license plate issued pursuant to this section with a permanent license plate and registration card as required by Section 56-3-110 within forty-five days of acquiring the vehicle or moving a foreign vehicle into this State. A person who operates a vehicle in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars."
SECTION 2. Section 56-3-220 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. STUART explained the amendment.
Rep. STUART continued speaking.
Rep. HOWARD spoke against the amendment.
Rep. TROTTER raised the Point of Order that the Bill was out of order under Rule 4.4 in that it was a statewide Bill, which directly appropriated money and should be referred to the Ways and Means Committee before being considered by the House.
SPEAKER PRO TEMPORE W.D. SMITH overruled the Point of Order.
Rep. HOWARD continued speaking.
Rep. LOFTIS spoke against the amendment.
Rep. LOFTIS moved to adjourn debate on the Bill until Thursday, January 31.
Rep. RICE moved to table the motion.
Rep. TROTTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bingham Campsen Coates Easterday Emory Frye Hamilton Harrell Harvin Huggins Knotts Koon Limehouse Littlejohn Lourie Martin McGee Miller Neal, J.M. Owens Quinn Rice Riser Rodgers Sandifer Scarborough Smith, D.C. Stille Stuart Young, A.
Those who voted in the negative are:
Allen Askins Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, J. Brown, R. Carnell Cato Chellis Clyburn Cobb-Hunter Coleman Cooper
Cotty Dantzler Davenport Delleney Edge Fleming Freeman Gilham Gourdine Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Keegan Kelley Kennedy Kirsh Klauber Law Leach Lee Lloyd Loftis Lucas Mack McCraw McLeod Meacham-Richardson Merrill Moody-Lawrence Neal, J.H. Neilson Ott Parks Perry Phillips Rhoad Rivers Robinson Rutherford Scott Sharpe Sheheen Sinclair Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Snow Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whipper White Wilder Witherspoon Young, J.
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate until Thursday, January 31, which was agreed to.
The following Bill was taken up:
H. 4392 (Word version) -- Reps. Harrison, Keegan, Barfield, Sharpe, Witherspoon and Altman: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE RIGHTS AND PROCEDURES, SO AS TO EXEMPT PRESIDENTS OF THE SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM.
/ (10) teaching or research faculty, professional librarians, academic administrators, or other persons holding faculty appointments at a four-year post-secondary educational institution, including branch campuses of the University of South Carolina, if any, as defined in Section 59-107-10, except the technical education colleges and centers;
(11) athletic coaches and unclassified employees in the athletic departments of four-year post-secondary educational institutions as defined in Section 59-107-10 except the technical education colleges and centers; /
Amend further, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. Section 59-53-52(8) of the 1976 Code is amended to read:
"(8) Employ the institutional chief administrative officer respective technical college president, who shall be employed at the will of the area commission from a list of at least three candidates recommended by a committee consisting of the chairman of the area commission or designated commission member, the chairman of the board or designated state board member and one area president appointed by the two aforementioned persons;" /
Renumber sections to conform.
Amend totals and title to conform.
Rep. CAMPSEN explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. CAMPSEN having the floor.
On motion of Rep. COATES, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Florence Delegation:
H. 4465 (Word version) -- Reps. Coates and McGee: A JOINT RESOLUTION TO PROVIDE FOR A BINDING REFERENDUM TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF FLORENCE COUNTY SCHOOL DISTRICT ONE FAVOR GRANTING TO THE BOARD OF TRUSTEES OF THE DISTRICT THE AUTHORITY BEGINNING IN 2002 TO RAISE THE MILLAGE FOR SCHOOL OPERATIONS BY NOT MORE THAN TEN MILLS OVER THAT LEVIED FOR THE PREVIOUS YEAR WITHOUT THE REQUIREMENT OF A REFERENDUM, AND TO GRANT SUCH LIMITED FISCAL AUTONOMY TO THE BOARD BEGINNING IN 2002 IF THE RESULTS OF THE BINDING REFERENDUM ARE IN FAVOR THEREOF.
Rep. COOPER moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 4521 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION EXPRESSING SINCERE SORROW AT THE DEATH OF STERLING LEE SMITH OF LEXINGTON, NORTH CAROLINA, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4522 (Word version) -- Reps. Ott, Sharpe and Witherspoon: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS TO REQUIRE THE UNITED STATES FISH AND WILDLIFE SERVICE PROVIDE THE STATE OF SOUTH CAROLINA AND THE
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4523 (Word version) -- Rep. Law: A BILL TO AMEND SECTION 56-5-4070, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM LENGTH OF VEHICLE COMBINATIONS THAT MAY BE OPERATED ON THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS, SO AS TO REVISE THE MAXIMUM LENGTH OF TWO AND THREE UNIT COMBINATIONS ON CERTAIN HIGHWAYS, AND TO DELETE A PROVISION THAT RESTRICTS THE TYPES OF COMBINATION OF VEHICLES COUPLED TOGETHER THAT CONSIST OF MORE THAN TWO UNITS.
Referred to Committee on Education and Public Works
H. 4524 (Word version) -- Reps. Clyburn, Hosey, Fleming and Harvin: A BILL TO AMEND SECTION 51-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE ADMISSION TO STATE PARKS AND REDUCED RATES FOR USE OF PARK CAMPSITES, SO AS TO EXTEND THESE PRIVILEGES TO PUBLIC SCHOOL TEACHERS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4525 (Word version) -- Rep. Harvin: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 3 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATIONS BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING
H. 4526 (Word version) -- Rep. Harvin: A BILL TO AMEND ACT 593 OF 1986 RELATING TO THE ELECTION AND APPOINTMENT OF THE BOARD OF TRUSTEES OF SCHOOL DISTRICT 1 IN CLARENDON COUNTY, SO AS TO INCREASE THE APPOINTED MEMBERS OF THE BOARD FROM TWO TO FOUR AND TO ESTABLISH TWO-YEAR TERMS FOR ALL MEMBERS APPOINTED AFTER 2001.
On motion of Rep. HARVIN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4527 (Word version) -- Rep. Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 37-2-417 AND 37-3-417 SO AS TO PROVIDE THAT AN AMBIGUITY IN A CREDIT AGREEMENT OR BILLING STATEMENT IN CONNECTION WITH A SELLER CREDIT CARD OR LENDER CREDIT CARD, RESPECTIVELY, BE RESOLVED IN FAVOR OF THE CONSUMER HOLDER OF THE CARD.
Referred to Committee on Labor, Commerce and Industry
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. CAMPSEN having the floor:
H. 4392 (Word version) -- Reps. Harrison, Keegan, Barfield, Sharpe, Witherspoon and Altman: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE RIGHTS AND PROCEDURES, SO AS TO EXEMPT PRESIDENTS OF THE SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM.
Rep. HARRISON proposed the following Amendment No. 1 (Doc name COUNCIL\GJK\AMEND\20859SD02), which was adopted:
/ (10) teaching or research faculty, professional librarians, academic administrators, or other persons holding faculty appointments at a four-year post-secondary educational institution, including its branch campuses, if any, as defined in Section 59-107-10, except the technical education colleges and centers;
(11) athletic coaches and unclassified employees in the athletic departments of four-year post-secondary educational institutions as defined in Section 59-107-10 except the technical education colleges and centers; /
Amend further, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. Section 59-53-52(8) of the 1976 Code is amended to read:
"(8) Employ the institutional chief administrative officer respective technical college president, who shall be employed at the will of the area commission from a list of at least three candidates recommended by a committee consisting of the chairman of the area commission or designated commission member, the chairman of the board or designated state board member and one area president appointed by the two aforementioned persons;" /
Renumber sections to conform.
Amend totals and title to conform.
Rep. CAMPSEN continued speaking.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4404 (Word version) -- Reps. Harrison, Keegan, Barfield, Sharpe, Witherspoon and Altman: A BILL TO AMEND SECTION 59-53-52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF AREA TECHNICAL EDUCATION COMMISSIONS, SO AS TO REVISE THE MANNER OF
Rep. CAMPSEN moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 4498 (Word version) -- Rep. Quinn: A JOINT RESOLUTION TO PROVIDE THAT BEGINNING FEBRUARY 1, 2002 THROUGH JUNE 30, 2003, NURSING HOMES MUST PAY AN ANNUAL FRANCHISE FEE BASED UPON THE TOTAL PATIENT DAYS SERVED BY THE NURSING HOME MULTIPLIED BY A THREE DOLLAR PER PATIENT DAY FEE AND TO FURTHER PROVIDE FOR THE CALCULATION AND COLLECTION OF THIS FEE.
Rep. QUINN explained the Joint Resolution.
Rep. EASTERDAY moved that the House recede until 6:40 p.m., which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4446 (Word version) -- Reps. Wilkins, W. D. Smith, J. Brown, Cato, Carnell, Fleming, Harrell, Harrison, Kelley, Meacham-Richardson, Sharpe, Townsend and Vaughn: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, JAMES H. HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 16, 2002, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
H. 4488 (Word version) -- Reps. Knotts, Bingham, Frye, Huggins, Koon, Riser and Stuart: A CONCURRENT RESOLUTION TO EXPRESS THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. WILSON O. SHEALY OF SWANSEA, SOUTH CAROLINA, FOR HIS MANY YEARS OF DEDICATED PUBLIC SERVICE AS A COMMISSIONER ON THE
H. 4490 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE 2001 CLEMSON UNIVERSITY "TIGERS" FOOTBALL TEAM AND HEAD COACH TOMMY BOWDEN ON THEIR OUTSTANDING WINNING SEASON AND TO APPLAUD THE CLEMSON "TIGERS" ON THEIR TREMENDOUS VICTORY IN THE 2001 HUMANITARIAN BOWL.
H. 4491 (Word version) -- Reps. G. M. Smith, J. Young and Weeks: A CONCURRENT RESOLUTION EXPRESSING SORROW REGARDING THE DEATH OF EDWIN C. CUTTINO OF SUMTER COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 4504 (Word version) -- Reps. J. Brown, Allen, Breeland, R. Brown, Clyburn, Cobb-Hunter, Gourdine, Govan, J. Hines, M. Hines, Hosey, Howard, Kennedy, Lee, Lloyd, Mack, Moody-Lawrence, J. H. Neal, Parks, Rutherford, Scott, F. N. Smith, Weeks and Whipper: A CONCURRENT RESOLUTION CONGRATULATING THE
H. 4505 (Word version) -- Reps. Allison, Davenport, Lee, Littlejohn, Sinclair, W. D. Smith, Talley, Vaughn, Walker and Wilder: A CONCURRENT RESOLUTION COMMENDING AND THANKING F. HUGH ATKINS OF SPARTANBURG COUNTY FOR HIS DEDICATED AND DISTINGUISHED SERVICE AS SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION COMMISSIONER FOR THE FOURTH CONGRESSIONAL DISTRICT.
H. 4506 (Word version) -- Reps. Townsend, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF FORMER LEGISLATOR, LEWIS PHILLIPS OF GREER, ON WEDNESDAY, DECEMBER 19, 2001, AND EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
At 6:40 p.m. the House resumed, the SPEAKER in the Chair.
On motion of SPEAKER PRO TEMPORE W. D. SMITH the House stood at ease subject to the call of the Chair.
At 6:55 p.m. the House resumed, the SPEAKER in the Chair.
At 7:00 p.m. the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
H. 4446 (Word version) -- Reps. Wilkins, W. D. Smith, J. Brown, Cato, Carnell, Fleming, Harrell, Harrison, Kelley, Meacham-Richardson, Sharpe, Townsend and Vaughn: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, JAMES H. HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 16, 2002, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
Governor James H. Hodges and distinguished party were escorted to the rostrum by Senators Courson, McGill, Richardson, Pinckney and Verdin and Representatives NEILSON, MCCRAW, LIMEHOUSE, LEACH and COBB-HUNTER. The President of the Senate introduced Governor Hodges who then addressed the Joint Assembly as follows:
Ladies and gentlemen, Members of the General Assembly, honored guests, please join me in honoring our nation with the words of the Pledge of Allegiance.
I pledge allegiance to the flag of the United States of America ... and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.
Thank you.
Four months ago, our President stood before Congress to address the nation in the wake of the tragic events of September 11. Many
Now, let's make sure our children can safely travel to school. Our school bus fleet is in bad shape. Let's dedicate a portion of our bond revenues to replacing our state's old buses. For an investment of $40 million, we can replace 750 buses and buy our parents some much-needed piece of mind.
Upon conclusion of his address, Governor Hodges and his escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 7:40 p.m. the House resumed, the SPEAKER in the Chair.
Rep. DELLENEY moved that the House do now adjourn, which was agreed to.
At 7:41 p.m. the House, in accordance with the motion of Rep. BREELAND, adjourned in memory of the Honorable Arthur W. Christopher, Jr., to meet at 10:00 a.m. tomorrow.
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