Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Dr. Whaley S. 'Bill' Barton, Jr. as follows:
Dear God, what an honor You have bestowed on each of us to allow us to be in this historic place. What an honor to be selected by You and to serve at Your pleasure. What an honor to serve where other honorable men and women have served in ages past. Help us Lord, not to forget to honor You by what we think, what we say and what we do this day. Forgive us when we are tempted to think more highly of ourselves and to forget about You. Help us, Lord, to give adequate attention to the business at hand. Help us to do what You would have us do. Help us to make decisions that will ultimately bless our State. And help us to be a blessing to others. Help us Lord, to be more mindful of what You want than what we want or what others want of us. Then Lord, when this day is over and done, may we rest in the confident knowledge that we have lived honorably this day and brought honor to Your name. For we pray in the name of Your son, unto whom all honor is due. 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 Friday, the SPEAKER ordered it confirmed.
Rep. MARTIN moved that when the House adjourns, it adjourn in memory of Albert Steve Hartsell of Rock Hill, which was agreed to.
The following was received:
Columbia, S.C., February 1, 2002
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:15 p.m. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. W. D. SMITH the invitation was accepted.
The following were received and referred to the appropriate committees for consideration:
Document No. 2673
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-2-10
Environmental Protection Fees
Received by Speaker of the House of Representatives
February 1, 2002
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration June 1, 2002
Document No. 2706
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110; 38-33-200
Health Maintenance Organizations
Received by Speaker of the House of Representatives
January 31, 2002
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 31, 2002
Document No. 2705
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110, 38-33-200
Deposits Required of Insurers
Received by Speaker of the House of Representatives
January 31, 2002
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 31, 2002
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3943 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 TO TITLE 15 SO AS TO ENACT THE "STRUCTURED SETTLEMENT PROTECTION ACT", WHICH PROVIDES PROCEDURES TO REGULATE THE TRANSFER OF STRUCTURED SETTLEMENTS, INCLUDING PROVISIONS REQUIRING COURT OR ADMINISTRATIVE AUTHORITY APPROVAL IN ADVANCE FOR THE TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS, AND ESTABLISHING DISCLOSURE REQUIREMENTS.
Ordered for consideration tomorrow.
On motion of Rep. TALLEY, with unanimous consent, the following was taken up for immediate consideration:
H. 4638 (Word version) -- Reps. Talley, Allison, Davenport, Lee, Littlejohn, Sinclair, W. D. Smith and Walker: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO A DELEGATION OF STUDENTS, PARENTS, AND OFFICIALS FROM THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND ON WEDNESDAY, FEBRUARY 6, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND INTRODUCED AND A RENDERING OF A PERFORMANCE BY THE STUDENTS.
Be it resolved by the House of Representatives:
The Resolution was adopted.
The following was taken up for immediate consideration:
H. 4639 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE GREENVILLE HIGH SCHOOL CHEERLEADERS AND THEIR COACHES AT A TIME AND ON A DATE AS DETERMINED BY THE SPEAKER FOR THE PURPOSE OF CONGRATULATING THEM ON WINNING THE CLASS AAA STATE CHEERLEADING CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina extend the privilege of the floor to the Greenville High School cheerleaders and their coaches at a time and on a date as determined by the Speaker for the purpose of congratulating them on winning the Class AAA State Cheerleading Championship.
The Resolution was adopted.
The following was introduced:
H. 4640 (Word version) -- Rep. Wilkins: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE GREENVILLE HIGH SCHOOL VARSITY CHEERLEADING TEAM FOR WINNING THE 2001 CLASS AAA STATE CHAMPIONSHIP ON DECEMBER
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4641 (Word version) -- Rep. Cato: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING ARTICLE 4 SO AS TO REQUIRE NONFRANCHISE AUTOMOBILE DEALERS TO COMPLETE CERTAIN PRE-LICENSING AND CONTINUING EDUCATION COURSES BEFORE BEING ISSUED A DEALER'S LICENSE OR HAVING A DEALER'S LICENSE RENEWED, AND TO PROVIDE FOR THE CREATION, MEMBERSHIP, AND PURPOSE OF THE SOUTH CAROLINA INDEPENDENT EDUCATION ADVISORY BOARD, WHICH SHALL ASSIST WITH THE CONTINUING EDUCATION REQUIREMENTS OF NONFRANCHISE AUTOMOBILE DEALERS.
Referred to Committee on Education and Public Works
H. 4644 (Word version) -- Reps. Carnell, Klauber and Parks: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE DAYS MISSED IN THE 2001-2002 SCHOOL YEAR BY THE STUDENTS OF A SCHOOL IN GREENWOOD COUNTY SCHOOL DISTRICT 51 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.
Referred to Committee on Education and Public Works
The following was introduced:
H. 4642 (Word version) -- Rep. J. M. Neal: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE JONATHAN T. "TREY" ELLIS OF LANCASTER FOR HIS DEDICATION TO SCOUTING AND HIS ACHIEVING THE HIGHEST HONOR IN SCOUTING, THE EAGLE SCOUT AWARD, AND TO WISH HIM MUCH SUCCESS IN HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4643 (Word version) -- Rep. Emory: A CONCURRENT RESOLUTION TO COMMEND STEELE HILL AME ZION CHURCH OF LANCASTER COUNTY, FOR ITS MORE THAN ONE HUNDRED TWENTY-TWO YEARS OF SPIRITUAL SERVICE TO ITS MEMBERS AND ITS COMMUNITY AND TO DECLARE FEBRUARY NINTH AND TENTH OF 2002 AS STEELE HILL AME ZION WEEKEND IN LANCASTER COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Easterday Emory Fleming Freeman Frye Gilham Gourdine Hamilton Harrison Haskins Hayes
Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach 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 Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Smith, D.C. 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 Tuesday, February 5.
Bill Cotty Brenda Lee Alfred Robinson Fletcher Smith Robert Harrell Tracy Edge Todd Rutherford Harry Askins Jerry Govan
The SPEAKER granted Rep. SINCLAIR a leave of absence to attend a funeral.
Announcement was made that Dr. Woodrow W. Long, Jr. of Greenville 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. 3790 (Word version)
Date: ADD:
02/05/02 EDGE
Bill Number: H. 3405 (Word version)
Date: ADD:
02/05/02 TALLEY
Bill Number: H. 4507 (Word version)
Date: ADD:
02/05/02 KEEGAN
Bill Number: H. 4507 (Word version)
Date: ADD:
02/05/02 KENNEDY
Bill Number: H. 3145 (Word version)
Date: ADD:
02/05/02 ALTMAN
Bill Number: H. 4418 (Word version)
Date: ADD:
02/05/02 WHITE
Bill Number: H. 4583 (Word version)
Date: ADD:
02/05/02 RODGERS
Bill Number: H. 4622 (Word version)
Date: ADD:
02/05/02 CLYBURN
Bill Number: H. 4622 (Word version)
Date: ADD:
02/05/02 BALES
Bill Number: H. 4622 (Word version)
Date: ADD:
02/05/02 J. BROWN
Bill Number: H. 4622 (Word version)
Date: ADD:
02/05/02 GOVAN
Bill Number: H. 4594 (Word version)
Date: REMOVE:
02/05/02 BATTLE
At 12:15 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R167, S. 511 (Word version)) -- Senator Thomas: AN ACT 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 INSTEAD REQUIRE A SUBSTANTIVE QUALITY REVIEW OF THE CHILD PROTECTIVE SERVICES AND FOSTER CARE PROGRAMS IN EACH COUNTY AND EACH ADOPTION OFFICE EVERY FIVE YEARS, TO REQUIRE, AMONG OTHER THINGS, A COUNTY'S PERFORMANCE TO BE ASSESSED USING SPECIFIC OUTCOME MEASURES, TO REVISE PARTIES TO WHOM THE REPORT IS TO BE PROVIDED, AND TO REQUIRE THE REPORT TO BE POSTED ON THE DEPARTMENT'S WEBSITE.
(R168, S. 610 (Word version)) -- Senator Moore: AN ACT TO AMEND SECTION 25-21-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES FOR THE VETERANS' TRUST FUND OF SOUTH CAROLINA, SO AS TO INCREASE THE NUMBER OF BOARD MEMBERS FROM ELEVEN TO NINETEEN, TO REQUIRE AT LEAST ELEVEN MEMBERS, RATHER THAN ALL OF THE MEMBERS, TO BE HONORABLY DISCHARGED VETERANS, TO PROVIDE THAT THE REMAINING MEMBERS ARE NOT REQUIRED TO BE VETERANS, BUT IF THEY ARE VETERANS, THEY MUST HAVE BEEN HONORABLY DISCHARGED, AND TO DELETE THE PROVISION RESTRICTING MEMBERS FROM SERVING MORE THAN EIGHT CONTINUOUS YEARS ON THE BOARD.
(R169, S. 773 (Word version)) -- Senator Leventis: AN ACT TO AMEND SECTION 7-7-501, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO REDESIGNATE CERTAIN
(R170, H. 3539 (Word version)) -- Reps. J.E. Smith and Lourie: AN ACT TO AMEND CHAPTER 16, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTER CRIME, SO AS TO ENACT THE "COMPUTER ABUSE ACT OF 2002", BY AMENDING SECTION 16-16-10, RELATING TO DEFINITIONS CONTAINED IN THE COMPUTER CRIME ACT, SO AS TO REVISE THE DEFINITIONS OF "COMPUTER", "COMPUTER SYSTEM", "PROPERTY", "SERVICES", "ACCESS", AND "COMPUTER HACKING", AND TO DEFINE "COMPUTER CONTAMINANT"; TO AMEND SECTION 16-16-20, AS AMENDED, RELATING TO COMPUTER CRIMES AND PENALTIES, SO AS TO CREATE THE OFFENSE OF INTRODUCING A COMPUTER CONTAMINANT INTO A COMPUTER, COMPUTER SYSTEM, COMPUTER PROGRAM, OR COMPUTER NETWORK; BY ADDING SECTION 16-16-25, SO AS TO PROVIDE A CIVIL REMEDY OF COMPENSATORY DAMAGES AND RESTITUTION FOR THE OWNER OR LESSEE OF A COMPUTER, COMPUTER SYSTEM, COMPUTER PROGRAM, OR COMPUTER NETWORK INJURED BY A PERSON CONVICTED PURSUANT TO THE COMPUTER CRIME ACT; AND TO AMEND SECTION 16-16-30, RELATING TO THE VENUE FOR ACTIONS BROUGHT PURSUANT TO THE COMPUTER CRIME ACT, SO AS TO MAKE TECHNICAL CHANGES.
(R171, H. 3653 (Word version)) -- Reps. Campsen and Harrison: AN ACT TO AMEND SECTION 13-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO DELETE THE REQUIREMENT THAT ITS PRINCIPAL OFFICE BE LOCATED IN COLUMBIA; TO AMEND SECTION 13-17-40, AS AMENDED, RELATING TO THE AUTHORITY'S BOARD OF TRUSTEES, REPORTS, AND MEETINGS, SO AS TO PROVIDE THAT THE CHAIRMAN DETERMINES WHEN AND WHERE THE BOARD HOLDS ITS REGULAR MEETINGS; AND TO AMEND SECTION 13-17-60, RELATING TO THE AUTHORITY'S TECHNICAL ADVISORY BOARD, SO AS TO PROVIDE THAT ITS CHAIRMAN
(R172, H. 4272 (Word version)) -- Rep. Edge: AN ACT TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED.
(R173, H. 4304 (Word version)) -- Reps. Talley, Allison and Lourie: A JOINT RESOLUTION TO DESIGNATE THE WEEK OF FEBRUARY 11-15, 2002, AS "SOUTH CAROLINA CAREER AND TECHNOLOGY EDUCATION WEEK".
(R174, H. 4464 (Word version)) -- Reps. McGee, Coates, M. Hines, J. Hines and Askins: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 IN FLORENCE COUNTY TO ISSUE GENERAL OBLIGATION BONDS TO PROVIDE FUNDS NECESSARY TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE, AND TO INCREASE THE MILLAGE LEVIED FOR OPERATIONS AND MAINTENANCE FOR FISCAL YEAR 2002-2003 TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS PURSUANT TO ACTIONS OF THE STATE BUDGET AND CONTROL BOARD TO REDUCE EXPENDITURES FOR FISCAL YEAR 2001-2002.
(R175, H. 4471 (Word version)) -- Rep. Clyburn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN THE EDGEFIELD COUNTY SCHOOL DISTRICT AND THE AIKEN 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.
(R176, H. 4498 (Word version)) -- Rep. Quinn: A JOINT RESOLUTION TO PROVIDE THAT BEGINNING FEBRUARY 1, 2002, NURSING HOMES MUST PAY AN ANNUAL FRANCHISE FEE BASED
(R177, H. 4502 (Word version)) -- Reps. Walker and Davenport: AN ACT 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.
(R178, 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.
(R179, H. 4525 (Word version)) -- Rep. Harvin: AN ACT 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 EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
(R180, H. 4526 (Word version)) -- Rep. Harvin: AN ACT 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.
At 12:25 p.m. the House resumed, the SPEAKER in the Chair.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Saturday, March 16, which was adopted:
H. 3385 (Word version) -- Reps. Townsend and Stille: A BILL TO PROVIDE FOR THE AUTHORITY OF THE ANDERSON COUNTY BOARD OF EDUCATION IN REGARD TO SCHOOL BUDGETARY MATTERS INCLUDING THE AUTHORITY TO PROVIDE THAT UP TO TWO MILLS OF COUNTYWIDE AD VALOREM PROPERTY TAX LEVIES FOR SCHOOL OPERATIONS BE DISTRIBUTED TO DISTRICTS MEETING CERTAIN CRITERIA ESTABLISHED BY THE BOARD.
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):
"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 contain the dealer's name and location and must contain, in characters not less than one-quarter inch wide and one and one-half inches high, the expiration date of the period within which the purchaser must register the vehicle pursuant to subsection (E) of this section. The expiration date may not extend beyond forty-five days from the date of purchase. The temporary license plate must be made of heavy stock paper or plastic, inscribed with contrasting indelible ink, and designed to resist deterioration or fading from exposure to the elements during the period for which display is required. A bill of sale must be maintained in the vehicle at all times to verify the vehicle's date of purchase to a law enforcement officer. The bill of sale must contain a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. A dealer who issues a temporary license plate or allows a temporary license plate to be issued in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence.
(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 moved to adjourn debate on the amendment, which was agreed to.
"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;
(5) obtain a temporary license plate from a dealer of new or used vehicles pursuant to subsection (C) of this section; or
(6) obtain a temporary license plate from the casual seller of the vehicle pursuant to subsection (B) of this section.
(B) The Division of Motor Vehicles, or the county auditor's office must, upon proper application, issue a temporary license plate designed by the Division of Motor Vehicles to a casual seller or buyer of a vehicle pursuant to subsection (A) of this section. The county auditor's office may obtain temporary license plates from the Division of Motor Vehicles. If the applicant is a casual buyer of a vehicle, 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. If the applicant is the casual seller of a vehicle, at the time of the sale, he 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. Neither the casual seller nor the casual buyer may place the temporary
(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 contain the dealer's name and location and must contain, in characters not less than one-quarter inch wide and one and one-half inches high, the expiration date of the period within which the purchaser must register the vehicle pursuant to subsection (E) of this section. The expiration date may not extend beyond forty-five days from the date of purchase. The temporary license plate must be made of heavy stock paper or plastic, inscribed with contrasting indelible ink, and designed to resist deterioration or fading from exposure to the elements during the period for which display is required. The bill of sale, title, rental contract, or a copy of either document must be maintained in the vehicle at all times to verify the vehicle's date of purchase to a law enforcement officer. The bill of sale, title, rental contract, or a copy of either document must contain a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. A dealer who issues a temporary license plate or allows a temporary license plate to be issued in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence.
(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
(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.
(F) Nothing in this section may be construed to displace or effect the responsibility of a person to obtain insurance before operating a vehicle."
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. SCOTT requested debate on the Bill.
Rep. STUART continued speaking.
Reps. J. E. SMITH, BALES, OTT, HOWARD, J. H. NEAL, RICE, MCLEOD, HAYES, STUART, COOPER, WHITE, KNOTTS, GOURDINE, COTTY, MERRILL, DAVENPORT and PHILLIPS requested debate on the Bill.
The following Bill was taken up:
H. 3102 (Word version) -- Reps. Simrill, Altman and Merrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-230 SO AS TO PROVIDE THAT THE DRIVER OF A LAW ENFORCEMENT VEHICLE MAY NOT EXCEED THE SPEED LIMIT TO ENTICE THE DRIVER OF A PRIVATE MOTOR
Rep. DELLENEY explained the Bill.
Reps. SIMRILL, KNOTTS, WHATLEY, J. YOUNG, LUCAS, MCGEE, WEEKS, BALES, HOWARD, OTT, J. BROWN, RHOAD, J. H. NEAL, HOSEY, GOURDINE, BREELAND, PERRY, LEACH and WILDER requested debate on the Bill.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3802 (Word version) -- Reps. J. Young, Askins, McGee, G. M. Smith, Weeks, Lourie and McLeod: A BILL TO AMEND SECTION 16-11-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO PROVIDE THAT THE BURNING MUST RESULT IN DAMAGE TO A BUILDING OR STRUCTURE AND TO DEFINE "DAMAGE".
Rep. J. YOUNG explained the Bill.
H. 4030 (Word version) -- Reps. Easterday and McLeod: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE ONE'S LICENSE IS SUSPENDED SO AS TO PROVIDE THE MAGISTRATE'S COURT HAS CONCURRENT, NOT EXCLUSIVE, JURISDICTION TO HEAR THE OFFENSE OF DRIVING WHILE ONE'S LICENSE IS SUSPENDED FOR REASONS OTHER THAN FOR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.
Rep. DELLENEY explained the Bill.
The following Joint Resolution was taken up:
H. 3790 (Word version) -- Reps. Fleming, Harrison, Quinn, J. Young, Edge, Wilkins and Altman: A JOINT RESOLUTION PROPOSING AMENDMENTS TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY AMENDING SECTION 7, ARTICLE III, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SOUTH CAROLINA SENATE AND HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A QUALIFIED ELECTOR RATHER THAN A LEGAL RESIDENT AT THE TIME HE FILES FOR THE OFFICE AND BY ADDING SECTION 16 TO ARTICLE XVII SO AS TO REQUIRE A CANDIDATE SEEKING ELECTIVE OFFICE TO BE A QUALIFIED ELECTOR OF THE DISTRICT FROM WHICH HE IS TO BE ELECTED AT THE TIME HE FILES FOR THE OFFICE.
Rep. FLEMING explained the Joint Resolution.
Reps. SCOTT, MCLEOD, PARKS, BALES, HOSEY, WILDER, LLOYD, J. HINES, J. BROWN, FLEMING, M. HINES, MILLER, BREELAND, GOURDINE, HARRISON, ALTMAN, COTTY, CAMPSEN and JENNINGS requested debate on the Joint Resolution.
Rep. EASTERDAY moved that the House recur to the Morning Hour, which was agreed to.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3931 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-5-4030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM ALLOWABLE WIDTH OF A VEHICLE, SO AS TO PROVIDE THAT APPURTENANCES ON CERTAIN VEHICLES MAY EXCEED THE MAXIMUM WIDTH REQUIREMENT AS LONG AS THEY REMAIN INSIDE THE EXTERIOR REAR VIEW MIRRORS OF THE VEHICLE, OR ITS TOW VEHICLE; AND TO AMEND SECTION 56-5-4070,
The following was introduced:
H. 4645 (Word version) -- Reps. Bales, J. E. Smith, J. Brown, Scott, Harrison, Howard, Lourie, J. H. Neal and Quinn: A CONCURRENT RESOLUTION TO RECOGNIZE MR. GEORGE A. FULMER OF COLUMBIA, SOUTH CAROLINA, ON THE REMARKABLE OCCASION OF HIS ONE HUNDRED SECOND BIRTHDAY AND TO WISH HIM MANY MORE YEARS OF HEALTH AND HAPPINESS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4646 (Word version) -- Reps. Jennings, Freeman, Neilson and Hayes: A HOUSE RESOLUTION CONGRATULATING MARLBORO COUNTY HIGH SCHOOL ON WINNING THE 2001 STATE FOOTBALL CHAMPIONSHIP IN CLASS AAAA, DIVISION II, AND FOR A TRULY OUTSTANDING UNDEFEATED SEASON.
The Resolution was adopted.
On motion of Rep. JENNINGS, with unanimous consent, the following was taken up for immediate consideration:
H. 4647 (Word version) -- Reps. Jennings, Freeman, Neilson and Hayes: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE MARLBORO HIGH FOOTBALL TEAM AND COACHES AT A TIME AND ON A DATE AS DETERMINED BY THE SPEAKER
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives hereby extend the privilege of the floor of the South Carolina House of Representatives to the Marlboro High football team and coaches at a time and on a date as determined by the Speaker to recognize them for winning the 2001 Class AAAA, Division II championship and to declare the date they appear in the Hall of the House as "Bulldog Day" in the House of Representatives at the State House.
The Resolution was adopted.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4648 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-80 SO AS TO REQUIRE EACH SCHOOL DISTRICT TO ADOPT POLICIES PROHIBITING SCHOOL PERSONNEL FROM RECOMMENDING THE USE OF PSYCHOTROPIC DRUGS AND TO PROVIDE THAT THE REFUSAL OF A PARENT TO ADMINISTER PSYCHOTROPIC DRUGS IS NOT, IN AND OF ITSELF, GROUNDS TO TAKE THE CHILD INTO CUSTODY UNLESS THE REFUSAL CAUSES THE CHILD TO BE NEGLECTED OR ABUSED.
Referred to Committee on Education and Public Works
H. 4649 (Word version) -- Reps. Taylor and Wilder: A BILL TO PROVIDE A METHOD FOR FILLING VACANCIES ON THE BOARDS OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56 AND PROVIDE THAT A SPECIAL ELECTION IS NOT REQUIRED TO BE CONDUCTED IF ONLY ONE CANDIDATE OFFERS FOR OFFICE TO EITHER ONE OF THESE TWO SCHOOL DISTRICTS WHEN A VACANCY IN THE OFFICE
H. 4650 (Word version) -- Reps. Talley, Bingham, Littlejohn, Quinn and Thompson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-704 SO AS TO DESIGNATE GOLDENROD THE OFFICIAL STATE WILDFLOWER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4651 (Word version) -- Reps. Barrett, White, Allison, Barfield, Bingham, Bowers, Breeland, J. Brown, Cato, Clyburn, Coates, Coleman, Dantzler, Davenport, Delleney, Freeman, Frye, Gilham, Hamilton, Harvin, Haskins, J. Hines, Hosey, Huggins, Keegan, Kelley, Klauber, Koon, Law, Leach, Lee, Limehouse, Loftis, Martin, McCraw, McGee, J. M. Neal, Owens, Phillips, Rice, Riser, Rivers, Robinson, Rodgers, Sandifer, Scarborough, Sharpe, Simrill, Sinclair, J. R. Smith, Stille, Talley, Taylor, Thompson, Townsend, Trotter, Vaughn and Walker: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 25, SO AS TO PROVIDE FOR THE RIGHT OF THE PEOPLE TO HUNT, FISH, AND TAKE GAME.
Referred to Committee on Judiciary
H. 4652 (Word version) -- Reps. Lourie, Bales, Harrison, J. E. Smith, Hosey, J. H. Neal, Bingham, Talley, Thompson, Howard, Sheheen and Townsend: 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 91 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE UNITED WE STAND SPECIAL
H. 4653 (Word version) -- Rep. Askins: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN FLORENCE COUNTY SCHOOL DISTRICT THREE 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.
Rep. ASKINS asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. TOWNSEND objected.
Referred to Committee on Education and Public Works
H. 4654 (Word version) -- Reps. Delleney, G. M. Smith, Simrill, Easterday, Kirsh, Lucas, McCraw, Meacham-Richardson and Wilkins: A BILL TO AMEND ARTICLE 1, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE LAW ENFORCEMENT DIVISION, BY ADDING SECTION 23-3-70 SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO COMPILE AND PUBLISH ANNUAL STATISTICS ON LOTTERY RELATED CRIMES.
Referred to Committee on Judiciary
H. 4655 (Word version) -- Reps. R. Brown, Moody-Lawrence, Bales, Breeland, G. Brown, Clyburn, Cobb-Hunter, Davenport, Hamilton, Haskins, J. Hines, M. Hines, Hosey, Lloyd, Mack, Miller, J. H. Neal, Parks, Rutherford and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-45 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR THE PROVIDER OF CELLULAR TELECOMMUNICATIONS ACCESS, SERVICE, OR EQUIPMENT TO CHARGE A REACTIVATION FEE
H. 4656 (Word version) -- Rep. F. N. Smith: A BILL TO AMEND SECTION 15-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL REQUIREMENT THAT CIVIL ACTIONS MUST BE COMMENCED WITHIN THE STATUTORILY PRESCRIBED TIME FRAMES, SO AS TO PROVIDE THAT A CIVIL ACTION IS COMMENCED WHEN THE SUMMONS AND COMPLAINT ARE FILED WITH THE CLERK OF COURT IF ACTUAL SERVICE IS ACCOMPLISHED WITHIN ONE HUNDRED-TWENTY DAYS AFTER THE FILING.
On motion of Rep. F. N. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Rep. TROTTER moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4603 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO RATIFY AND CONFIRM THE ACTION OF THE DEPARTMENT OF TRANSPORTATION IN NAMING THE HIGHWAY 118 BYPASS IN THE NORTHEAST SECTION OF AIKEN COUNTY AS THE RUDY MASON PARKWAY.
H. 4623 (Word version) -- Rep. Wilkins: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE UNITED STATES MILITARY ACADEMY AT WEST POINT ON THE OCCASION OF ITS BICENTENNIAL.
H. 4631 (Word version) -- Rep. McLeod: A CONCURRENT RESOLUTION EXPRESSING SINCERE SORROW AT THE DEATH OF DR. VIRGIL C. SUMMER, JR., RETIRED CHAIRMAN AND CHIEF EXECUTIVE OFFICER OF SCANA CORPORATION, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
At 1:10 p.m. the House, in accordance with the motion of Rep. MARTIN, adjourned in memory of Albert Steve Hartsell of Rock Hill, to meet at 10:00 a.m. tomorrow.
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