Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Dr. Whaley 'Bill' Barton, Jr. as follows:
Father, You are not a selfish God. You are a sacrificial God wanting what is best for us. We on the other hand are often jealous and our jealousy causes us not to love. Forgive us for our selfishness. Help us to want others to succeed to their potential. Enable us to find joy in the accomplishments of others. May we be a blessing to one another as we strive together in this place. Hear our prayer dear Lord as we pray in Your name. 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. LIMEHOUSE moved that when the House adjourns, it adjourn in memory of Mrs. Dorothy Donnelley of Green Pond, which was agreed to.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4416 (Word version) -- Reps. Wilkins, Harrison, W. D. Smith, J. Brown, Leach, Bingham, Keegan, Whatley, Carnell, Vaughn, Lucas, Lourie, Limehouse, J. R. Smith, Wilder, Webb, Kirsh, Allison, A. Young, Sandifer, Walker, Talley, Littlejohn, Coates, Altman, Witherspoon, Campsen, Taylor, Law, Snow, Rice, Simrill, Freeman, Neilson, Clyburn, Gilham, Robinson, Hinson, Jennings, Meacham-Richardson, Tripp, Cotty, Rodgers, Loftis, Frye, Koon, Haskins, Hamilton, Cato, Easterday, Barfield, Scarborough, Chellis, Thompson, Edge, Merrill, Fleming, Stuart, Cooper, Dantzler, D. C. Smith, Sinclair, J. Young,
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
H. 4402 (Word version) -- Reps. Vaughn, Merrill, Altman, Rodgers, Walker, Meacham-Richardson and Leach: A BILL TO AMEND SECTION 43-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY BOARDS OF SOCIAL SERVICES, WHICH SERVE IN AN ADVISORY CAPACITY, SO AS TO PROVIDE THAT A COUNTY LEGISLATIVE DELEGATION, IN ITS SOLE DISCRETION, HAS THE AUTHORITY TO TERMINATE A COUNTY BOARD OF SOCIAL SERVICES.
Ordered for consideration tomorrow.
Rep. J. BROWN for the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report.
Rep. BREELAND for the minority, submitted an unfavorable report on:
H. 4545 (Word version) -- Rep. Meacham-Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-285 SO AS TO ALLOW COSMETOLOGISTS, ESTHETICIANS, AND MANICURISTS TO PRACTICE IN BARBERSHOPS.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 3957 (Word version) -- Reps. J. E. Smith and Allison: A BILL TO REPEAL ARTICLE 21, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH ACT, THE CREATION OF THE COUNCIL AND PROVIDING FOR ITS POWERS AND DUTIES.
Ordered for consideration tomorrow.
H. 4571 (Word version) -- Reps. Moody-Lawrence, Sharpe, R. Brown, Kirsh, Meacham-Richardson, Harvin, Weeks, G. Brown, Freeman, Frye, Gilham, Harrell, McCraw, Neilson, Perry, Riser, Rutherford and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE THAT THE STATE BOARD OF COSMETOLOGY SHALL ISSUE A LIMITED LICENSE TO AN INDIVIDUAL WHOSE LICENSE HAS LAPSED WITHOUT REEXAMINATION IF THE PERSON IS OVER SIXTY YEARS OF AGE, AND HAS PRACTICED FOR MORE THAN THIRTY YEARS AND TO FURTHER PROVIDE THAT THE SCOPE OF PRACTICE IS LIMITED TO THAT WHICH THE PERSON COULD PRACTICE UNDER THE FORMER LICENSE.
Ordered for consideration tomorrow.
The following was introduced:
H. 4781 (Word version) -- Rep. Perry: A HOUSE RESOLUTION TO HONOR MR. JACOB PERRON GARVIN OF AIKEN COUNTY AS ONE OF THE LAST REMAINING FIRST-GENERATION DESCENDANTS OF A CONFEDERATE VETERAN AND TO WISH HIM MANY MORE YEARS OF HEALTH AND HAPPINESS.
The Resolution was adopted.
The following was introduced:
H. 4782 (Word version) -- Reps. Barrett, Webb, Trotter, Robinson and Rice: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO CHIEF LONNIE JO SAXON FOR HIS OUTSTANDING SERVICE TO CLEMSON UNIVERSITY IN THE AREA OF LAW ENFORCEMENT, AND WISHING HIM MUCH SUCCESS AND HAPPINESS UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1035 (Word version) -- Senator Richardson: A CONCURRENT RESOLUTION TO CONGRATULATE AND HONOR JONATHAN DUMLER OF BEAUFORT COUNTY AS A RECIPIENT OF A PRUDENTIAL SPIRIT OF COMMUNITY AWARD AND RECOGNIZE HIS OUTSTANDING RECORD OF VOLUNTEER SERVICE, PEER LEADERSHIP, AND COMMUNITY SPIRIT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1037 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION SALUTING JOHN TRAVIS BODENHEIMER OF AIKEN COUNTY UPON HIS RETIREMENT FROM THE PRACTICE OF LAW IN AIKEN FOR OVER FORTY YEARS, AND RECOGNIZING HIM FOR HIS CONTRIBUTIONS TO HIS COMMUNITY AND HIS UNTIRING EXEMPLARY SERVICE TO OTHERS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1038 (Word version) -- Senators Leatherman, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Kuhn, Land, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. V. Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION RECOGNIZING THE NATIONAL GUARD AND RESERVE AS ESSENTIAL TO THE STRENGTH AND WELL-BEING OF OUR NATION AND STATE, AND EXPRESSING DEEPEST APPRECIATION AND SUPPORT FOR THE THOUSANDS OF
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4783 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 56-3-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATEMENT CERTIFYING PAYMENT OF COUNTY AND MUNICIPAL TAXES IN ORDER TO REGISTER AND LICENSE A MOTOR VEHICLE, SO AS TO REQUIRE A COUNTY TREASURER TO CERTIFY TO THE DEPARTMENT OF PUBLIC SAFETY WHEN PROPERTY TAXES ARE UNPAID ON A VEHICLE THAT HAS A PENDING REGISTRATION APPLICATION AND TO PROVIDE FURTHER THAT THE APPLICATION BE DENIED.
Referred to Committee on Education and Public Works
H. 4786 (Word version) -- Reps. Meacham-Richardson and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-33-115 SO AS TO PROVIDE THAT NO PERSON SHALL GIVE, SELL, LEASE, ASSIGN, TRANSFER, MORTGAGE, PLEDGE, HYPOTHECATE, OR OTHERWISE DISPOSE OF A CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC CONVENIENCE AND NECESSITY OR RIGHTS UNDER THE CERTIFICATE ISSUED BY THE PUBLIC SERVICE COMMISSION WITH RESPECT TO THE OPERATION OF A MAJOR UTILITY FACILITY KNOWN AS A "MERCHANT PLANT".
Referred to Committee on Labor, Commerce and Industry
S. 668 (Word version) -- Senator J. V. Smith: A BILL TO AMEND SECTION 41-27-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, BY ADDING PARAGRAPHS TO SPECIFICALLY NAME NATIVE AMERICAN TRIBES AND TO AUTOMATICALLY COVER EMPLOYING UNITS LIABLE
S. 965 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-175 SO AS TO ESTABLISH THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "SPECIAL PURPOSES CAPTIVE INSURANCE COMPANY"; TO AMEND SECTION 38-90-20, RELATING TO THE LICENSING OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MAY
S. 982 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 34-29-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER FINANCE LAW AND INSURANCE ON SECURITY AND BORROWER, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-5-30, AS AMENDED, RELATING TO THE KINDS OF INSURANCE FOR WHICH INSURERS MAY BE LICENSED, SO AS TO EXCLUDE TITLE INSURANCE FROM BEING CONSIDERED MULTIPLE LINES INSURANCE; TO AMEND SECTIONS 38-21-170 AND 38-21-270, BOTH AS AMENDED,
The following was introduced:
H. 4784 (Word version) -- Reps. Jennings, Townsend and Neilson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2002.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4785 (Word version) -- Reps. Klauber, 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, 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, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION RECOGNIZING THE NATIONAL GUARD AND RESERVE AS ESSENTIAL TO THE STRENGTH AND WELL-BEING OF OUR NATION AND STATE, AND EXPRESSING DEEPEST APPRECIATION AND SUPPORT FOR THE THOUSANDS OF SOUTH CAROLINIANS
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4787 (Word version) -- Reps. Snow, G. Brown and Allison: A HOUSE RESOLUTION TO COMMEND HARRY TURNER FOR PROMOTING BEACH MUSIC THROUGHOUT SOUTH CAROLINA AND THE WORLD AND TO PROCLAIM HIM AN "AMBASSADOR OF BEACH MUSIC".
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison 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 Dantzler Davenport Delleney Easterday Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrison Haskins Hayes Hines, J. Hines, M. Hinson 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 Neal, J.M. Ott Owens Parks Perry Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Scarborough Scott Sharpe Sheheen Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Thursday, February 21.
Tracy Edge Gary Simrill Bill Cotty Denny Neilson Robert Harrell James E. Smith Todd Rutherford Joseph Neal Richard Quinn
The SPEAKER granted Rep. WHATLEY a leave of absence for the day due to a doctor's appointment.
Announcement was made that Dr. William M. Simpson, Jr. 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
Bill Number: H. 3790 (Word version)
Date: ADD:
02/21/02 KNOTTS
Bill Number: H. 3145 (Word version)
Date: ADD:
02/21/02 WEEKS
Bill Number: H. 4769 (Word version)
Date: REMOVE:
02/21/02 WEEKS
Bill Number: H. 4769 (Word version)
Date: REMOVE:
02/21/02 R. BROWN
Bill Number: H. 4769 (Word version)
Date: REMOVE:
02/21/02 J. M. NEAL
Bill Number: H. 4769 (Word version)
Date: REMOVE:
02/21/02 EMORY
Bill Number: H. 4769 (Word version)
Date: REMOVE:
02/21/02 NEILSON
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 4763 (Word version) -- Rep. Snow: A JOINT RESOLUTION EXTENDING THE PAYMENT DUE DATE OF THE 2001 REAL PROPERTY TAXES IN WILLIAMSBURG COUNTY FROM JANUARY 31, 2002, TO FEBRUARY 28, 2002, AS A RESULT OF A COMPUTER MALFUNCTION.
H. 4317 (Word version) -- Reps. Altman, Talley and Campsen: A JOINT RESOLUTION ESTABLISHING THE MOTOR VEHICLE SERVICES PRIVATIZATION FEASIBILITY STUDY COMMITTEE, PROVIDING FOR ITS MEMBERSHIP AND DUTIES, AND REQUIRING THE COMMITTEE TO REPORT ITS FINDINGS WITH RECOMMENDATIONS, IF ANY, TO THE GENERAL ASSEMBLY AND GOVERNOR NO LATER THAN FEBRUARY 15, 2002.
H. 4682 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 36-9-109, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF THE UNIFORM COMMERCIAL CODE PROVISIONS GOVERNING SECURED TRANSACTIONS, SO AS TO MAKE PROVISIONS INAPPLICABLE TO A TRANSFER BY A GOVERNMENTAL UNIT AFTER JUNE 30, 2001, AND TO DELETE THE PREEMPTION OF THESE PROVISIONS GOVERNING SECURED TRANSACTIONS BY A STATUTE OF THIS STATE OR ANOTHER STATE OR FOREIGN COUNTRY.
H. 4758 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 40-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION (SLED), SO AS TO REQUIRE SLED TO SUBMIT FINGERPRINT CARDS, RECEIVED IN CONNECTION WITH SECURITY, INVESTIGATION, AND WEAPON LICENSE AND PERMIT APPLICATIONS, RESPECTIVELY, TO THE FEDERAL BUREAU OF INVESTIGATION TO FACILITATE A NATIONAL CRIMINAL RECORDS CHECK OF THE APPLICANT; TO AMEND SECTIONS 40-18-50 AND 40-18-70, RELATING TO CONTRACT SECURITY BUSINESS LICENSE REQUIREMENTS AND PRIVATE INVESTIGATOR LICENSE REQUIREMENTS, RESPECTIVELY, SO AS TO DELETE PROVISIONS REQUIRING A BOND TO PAY A PERSON'S LOSS AS A RESULT OF A LICENSEE'S VIOLATION OF CERTAIN LAWS OR REGULATIONS, PROVISIONS AUTHORIZING A PERSON TO INITIATE AN ACTION AGAINST THE LICENSEE OR THE LICENSEE'S INSURER, AND TEMPORARY PROVISIONS NO LONGER APPLICABLE; AND TO AMEND SECTION 40-18-100, RELATING TO SECURITY WEAPONS PERMIT APPLICATION REQUIREMENTS, SO AS TO
The following Bill was taken up:
S. 933 (Word version) -- Senators Ravenel, McConnell and Grooms: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS BEGINNING IN 2002 AND FOR THE NOMINATION, TERMS, AND ELECTION PROCEDURES OF CANDIDATES FOR THESE OFFICES.
Rep. MACK 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.
The following Bill was taken up:
H. 4013 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-27-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "INSURED WORKER" UNDER THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THAT THIS TERM IS DEPENDENT UPON PAYMENT OF WAGES IN AT LEAST TWO QUARTERS RATHER THAN UPON THE AMOUNT OF WAGES PAID IN A SPECIFIED PERIOD; TO AMEND SECTION 41-27-370, AS AMENDED, RELATING TO THE DEFINITION OF "UNEMPLOYED", SO AS TO PROVIDE THAT IF AN INDIVIDUAL HAS MADE ANY CONTRIBUTIONS TO A RETIREMENT OR OTHER TYPE PLAN THERE MUST NOT BE A REDUCTION IN THE WEEKLY BENEFIT AMOUNT PAYABLE TO THE INDIVIDUAL; TO AMEND SECTION 41-35-130, RELATING TO UNEMPLOYMENT BENEFIT PAYMENTS WHICH MAY NOT BE CHARGED TO A
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.
The following Bill was taken up:
H. 4014 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT STABILIZATION, SO AS TO REQUIRE EMPLOYERS TO MAKE CERTAIN EMPLOYMENT INFORMATION AND REPORTS AVAILABLE TO THE EMPLOYMENT SECURITY COMMISSION AND TO RESTRICT THE INFORMATION AND REPORTS FOR CERTAIN USES; TO AMEND SECTION 41-29-170, AS AMENDED, RELATING TO INFORMATION ALLOWED TO BE DISCLOSED IN THE ADMINISTRATION OF THE EMPLOYMENT SECURITY LAW,
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.
The following Bill was taken up:
H. 4633 (Word version) -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-175 SO AS TO ESTABLISH THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "SPECIAL PURPOSES CAPTIVE INSURANCE COMPANY"; TO AMEND SECTION 38-90-20, RELATING TO THE LICENSING OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MAY ONLY INSURE THE RISKS OF ITS PARENT; TO AMEND SECTION 38-90-40, RELATING TO THE CAPITALIZATION REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES, SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO DETERMINE
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.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 902 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS
On motion of Rep. GILHAM, with unanimous consent, it was ordered that S. 902 (Word version) be read the third time tomorrow.
Reps. ALTMAN, HINSON, LAW, OWENS, OTT, PARKS, J. BROWN, CLYBURN, BATTLE, MILLER, J. HINES, DAVENPORT, WALKER and A. YOUNG withdrew their requests for debate on H. 4419 (Word version); however, other requests for debate remained on the Bill.
Upon the withdrawal of requests for debate by Reps. LAW, HINSON, MERRILL and GOURDINE, the following Joint Resolution was taken up:
H. 4730 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE ADMINISTRATIVE RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2666, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND explained the Joint Resolution.
The Joint Resolution was read second time and ordered to third reading.
Upon the withdrawal of requests for debate by Reps. LAW, HINSON, MERRILL and GOURDINE, the following Joint Resolution was taken up:
H. 4731 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE
Rep. TOWNSEND explained the Joint Resolution.
The Joint Resolution was read second time and ordered to third reading.
Upon the withdrawal of requests for debate by Reps. HINSON, LAW, GOURDINE and MERRILL, the following Joint Resolution was taken up:
H. 4732 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR COUNTY RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND explained the Joint Resolution.
The Joint Resolution was read second time and ordered to third reading.
Rep. SCOTT asked unanimous consent to recall H. 4501 (Word version) from the Committee on Judiciary.
Rep. HARRISON objected.
The Senate amendments to the following Bill were taken up for consideration:
H. 3107 (Word version) -- Reps. Huggins, W. D. Smith, Knotts and Bingham: A BILL TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, TO PROVIDE THAT MAGISTRATES HAVE CONCURRENT JURISDICTION OF INTERPLEADER ACTIONS FILED OVER CLAIMS OF DISPUTED REAL ESTATE EARNEST MONEY; AND TO ADD SECTION 22-3-15 PROVIDING, NOTWITHSTANDING ANY RULE OF COURT OR PROVISION OF LAW, THAT INTERPLEADER ACTIONS ARISING FROM REAL ESTATE EARNEST MONEY DISPUTES WHICH DO NOT EXCEED THE JURISDICTIONAL LIMIT OF MAGISTRATES COURT MAY BE FILED IN THAT COURT, TO PROVIDE SUBSTANTIALLY THE FORM AND WORDING OF THE INTERPLEADER PLEADING TO BE USED IN REAL ESTATE EARNEST MONEY DISPUTES IN MAGISTRATES COURT, AND TO PROVIDE THAT THE FAILURE OF A COMPETING CLAIMANT TO RECOVER IN AN INTERPLEADER ACTION MUST NOT BE CONSIDERED A JUDGMENT AGAINST THE CLAIMANT OR USED TO IMPAIR THE CREDIT OF THE CLAIMANT.
Rep. CAMPSEN explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 4475 (Word version) -- Reps. Harrison, Lucas, Allison, Jennings, Lourie, Rodgers, J. E. Smith and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-210 SO AS TO REQUIRE ALL STATE BOARDS AND
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3403 (Word version) -- Reps. Harrison and Rodgers: A BILL TO AMEND SECTION 56-5-5640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO PROVIDE THAT A SHERIFF'S OR CHIEF OF POLICE'S DESIGNEE MAY SELL AN ABANDONED VEHICLE AT A PUBLIC AUCTION.
Rep. HARRISON made the Point of Order that the Senate Amendments were 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.
The following Bill was taken up:
S. 297 (Word version) -- Senators Moore, Drummond, McConnell, Reese, Land, Richardson, Waldrep, Leventis, Passailaigue, Giese, McGill, O'Dell, Alexander, Hayes, Ravenel, Martin, Ryberg, Rankin, Jackson, Glover, Patterson, Hutto, Matthews, Pinckney, Setzler, Holland, Short and Ritchie: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL
Rep. BALES moved to reconsider the vote whereby the Bill was given a second reading.
Rep. COTTY moved to table the motion to reconsider, which was agreed to.
The Bill was read the third time and ordered returned to the Senate with amendments.
The motion period was dispensed with on motion of Rep. RICE.
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.
Reps. RICE, STUART and CHELLIS proposed the following Amendment No. 5 (Doc Name COUNCIL\GGS\AMEND\ 22298CM02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-3-210 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"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 license plate on the vehicle until the sale has been completed. 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 provide a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. A casual seller who issues a temporary license plate or allows a temporary license plate to be issued in violation of this subsection is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence. 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
(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 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. A person who transfers a license plate or allows a license plate to be transferred in violation of this subsection is subject to the vehicle registration and licensing provisions of law.
(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. TRIPP spoke against the amendment.
The amendment was then adopted.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22129CM01), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-3-210 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"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
(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
(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 table the amendment, which was agreed to.
Rep. KNOTTS proposed the following Amendment No. 4 (Doc Name COUNCIL\GGS\AMEND\22255CM02), which was adopted:
Amend the bill, as and if amended, Section 56-3-210, as contained in SECTION 1, by adding the following appropriately lettered subsection at the end:
/ ( ) Only one temporary license plate shall be issued to a purchaser of a vehicle for the vehicle he has purchased before it is registered permanently. /
Amend the bill further by striking SECTION 3 and inserting:
/ SECTION 3. The portion of SECTION 1 of this act which provides that "only one temporary license plate shall be issued to a purchaser of a vehicle for the vehicle he has purchased before it is registered permanently" takes effect on July 1, 2003. The remaining portions of SECTION 1 and the remaining SECTIONS of this act take effect upon approval by the Governor. /
Amend title to conform.
Rep. KNOTTS explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Askins Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Hamilton Harrell Harrison Haskins Hayes Hines, J. Hines, M. Hinson Huggins Jennings Keegan Kelley Kennedy Kirsh Knotts Law Leach Limehouse Littlejohn Lloyd Lourie Lucas 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 Rodgers Sandifer Scarborough Scott Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whipper White Wilder Wilkins Witherspoon Young, J.
So, the Bill, as amended, was read the second time and ordered to third reading.
I am shown as not voting due to another meeting off the floor on other legislation when this vote was taken. This bill will require temporary or permanent license tag(s) to be attached to the vehicle before it can be moved. It will also create more problems for the consumer in private transactions as well as increased workload and delays at the motor vehicle registration office at DMV.
Rep. Dwight Loftis
On motion of Rep. RICE, with unanimous consent, it was ordered that H. 3678 (Word version) be read the third time tomorrow.
The SPEAKER granted Rep. TROTTER a leave of absence for the remainder of the day.
Rep. SIMRILL moved to adjourn debate upon the following Bill until Tuesday, February 26, which was adopted:
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 VEHICLE TO FOLLOW HIM AT A SPEED THAT EXCEEDS THE SPEED LIMIT IN AN EFFORT TO HAVE THE DRIVER OF THE PRIVATE MOTOR VEHICLE CHARGED WITH SPEEDING BY A LAW ENFORCEMENT OFFICER TRAVELING IN ANOTHER LAW ENFORCEMENT VEHICLE.
The following Joint Resolution was taken up:
H. 3790 (Word version) -- Reps. Fleming, Harrison, Quinn, J. Young, Edge, Wilkins, Altman and Knotts: 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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 7, Article III of the Constitution of this State be amended to read:
"Section 7. No person is eligible for a seat in the Senate or House of Representatives who, at the time of his election, is not a duly qualified elector under this Constitution in the district in which he may be chosen. Senators must be at least twenty-five and Representatives at least twenty-one years of age. A candidate for the Senate or House of Representatives must be a legal resident qualified elector of the district in which he is a candidate at the time he files for the office. No person who has been convicted of a felony under state or federal law or convicted of tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring or offering to procure votes by bribery, voting more than once at elections, impersonating a voter, or swearing falsely at elections/taking oath in another's name, or who has pled guilty or nolo contendere to these offenses, is eligible to serve as a member of the Senate or the House of Representatives. However, notwithstanding any other provision of this Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law or to a person who files for public office fifteen
SECTION 2. It is proposed that Article XVII of the Constitution of this State be amended by adding:
"Section 16. In addition to other qualifications required by this Constitution to be eligible for election to an office, a candidate must be a qualified elector of the district from which he is to be elected at the time he files for the office."
SECTION 3. The proposed amendments must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article III of the Constitution of this State, relating to qualifications for Senators and Members of the House of Representatives be amended, so as to require a candidate seeking elective office or a candidate for the Senate or House of Representatives be a qualified elector of the district from which he is to be elected at the time he files for the office and to amend Article XVII, relating to miscellaneous matters, by adding Section 16 so as to require a candidate for any other 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?
No []
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Rep. HARRISON explained the Joint Resolution.
Those who voted in the affirmative are:
Allen Askins Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Cato Chellis Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Gilham Gourdine Hamilton Harrell Harrison Haskins Hayes Hines, J. Hines, M. Hinson Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas 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 Robinson Rodgers Rutherford Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, F.N. Smith, J.E. Smith, J.R. Smith, W.D. Stille Stuart Talley Taylor Thompson Tripp Vaughn Webb Weeks Whipper White
Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
On motion of Rep. FLEMING, with unanimous consent, it was ordered that H. 3790 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3009 (Word version) -- Reps. Campsen, Sandifer, McGee, Davenport, Altman, Wilder, Meacham-Richardson, Stille, J. Young, Simrill, Walker, Cotty, Wilkins, Harrison, McLeod and Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170 ENACTING THE "GAMBLING CRUISE PROHIBITION ACT" SO AS TO PROHIBIT GAMBLING OR THE REPAIR OF GAMBLING DEVICES ON A VESSEL IN A VOYAGE THAT BEGINS AND ENDS WITHIN THIS STATE AND PROHIBIT THE OPERATION OF A VESSEL THAT TRANSPORTS PERSONS TO ANOTHER VESSEL FOR THE PURPOSE OF GAMBLING IF BOTH THE TRANSPORTING VESSEL AND THE VESSEL ON WHICH A GAMBLING DEVICE IS USED OR REPAIRED BEGINS AND ENDS ITS VOYAGE IN THIS STATE, AND TO PROVIDE DEFINITIONS AND PENALTIES FOR VIOLATION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\10670HTC02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
"Section 16-19-170. (A) As used in this section:
(1) 'Vessel' means every kind of watercraft used or capable of being used as a means of transportation on or in water, as well as any ship, boat, barge, or other watercraft or any other structure capable of floating on or in the water.
(2) 'Gambling' or 'gambling device' means a game of chance and includes, but is not limited to, slot machines, punch boards, video poker, blackjack machines, keeno, or any other video gambling machine, roulette, craps, or any other gaming table type gambling or poker, blackjack, or any other card gambling game.
(3) For purposes of this section, an 'intervening stop' occurs when a vessel departs the jurisdictional waters of this State and sails into United States or international waters, and between the time the vessel departs the jurisdictional waters of this State and the time it returns to the jurisdictional waters of this State, the vessel docks at a port of call in another state or possession of the United States or foreign country and remains in that port for a period of time sufficient to allow passengers the opportunity to disembark the vessel for sightseeing, shopping, or other tourism-related activities at that port.
(B)(1) It is unlawful for a person to use any gambling device or engage in gambling aboard a vessel within the jurisdiction of this State.
(2) It is unlawful for a person to own, keep, operate, manage, or maintain any gambling device on a vessel within the jurisdiction of this State unless:
(a) the vessel is engaged in a voyage that begins and ends in this State and makes an intervening stop; and
(b) any gambling that occurs aboard the vessel occurs only outside the jurisdictional waters of this State.
(C) It is unlawful for a person to use any gambling device or engage in gambling aboard a vessel that is on a voyage if:
(a) the voyage begins and ends in this State; and
(b) during the voyage the vessel does not make an intervening stop.
(D) It is unlawful for a person to own, keep, operate, manage, or maintain a vessel that transports persons to another vessel for the purpose of engaging in gambling if the transportation begins and ends within the jurisdiction of this State and neither the vessel providing such transportation nor the vessel on which the use of any gambling device occurs makes an intervening stop.
(E)(1) A person who violates subsections (B)(1) or (C) is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. Nothing in this section precludes prosecution for any other applicable gambling offense.
(2) A person who violates subsections (B)(2) or (D) is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned for not more than one year. Nothing in this section precludes prosecution for any other applicable gambling offense."
SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 4. This act takes effect July 1, 2002. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. CAMPSEN explained the amendment.
Rep. CAMPSEN spoke in favor of the amendment.
Rep. KNOTTS spoke against the amendment.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Bales Barfield Barrett Battle Bingham Campsen Cato Coleman Cooper Davenport Delleney Easterday Edge Emory Fleming Frye Gilham Hamilton Harrell Harrison Haskins Huggins Jennings Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lourie Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Neilson Owens Parks Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Vaughn Webb White Wilder Wilkins Witherspoon Young, J.
Those who voted in the negative are:
Bowers Breeland Brown, J. Brown, R. Chellis Clyburn Cobb-Hunter Dantzler Freeman
Hines, J. Hines, M. Hinson Howard Kennedy Lloyd Mack Moody-Lawrence Scott Smith, J.E. Weeks Young, A.
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. HARRISON moved that the House recur to the Morning Hour, which was agreed to.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4784 (Word version) -- Reps. Jennings, Townsend and Neilson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2002.
On motion of Rep. TOWNSEND, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
H. 4784 (Word version) -- Reps. Jennings, Townsend and Neilson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2002.
That by this resolution, the members of the General Assembly request the Department of Public Safety to waive the motor vehicle titling, licensing, and registration requirements of Title 56 of the Code of Laws of South Carolina, 1976, on cars provided by an automobile manufacturer for promotional purposes in connection with nationally-sponsored NASCAR racing events held in this State in 2002.
Be it further resolved that this waiver must extend to no more than thirty-five cars by a single manufacturer for a period not to exceed twenty-one days per race and that this waiver does not extend to the financial responsibility or insurance coverage requirements for operating a motor vehicle on the public roads of this State.
Be it further resolved that the Department of Public Safety shall prescribe an appropriate means of identification in lieu of the licensing and registration requirements otherwise applicable.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 4788 (Word version) -- Rep. Weeks: A HOUSE RESOLUTION TO COMMEND MR. JAMES T. MCCAIN OF SUMTER, A LEGENDARY FREEDOM FIGHTER FOR HIS EXTRAORDINARY ACCOMPLISHMENTS AND LIFE WORKS AND SINCERELY WISH THE BEST FOR HIM AS HE CELEBRATES HIS NINETY-SEVENTH BIRTHDAY ON MARCH 8, 2002.
The Resolution was adopted.
The following was introduced:
H. 4789 (Word version) -- Reps. Talley, Allison, Davenport, Lee, Littlejohn, Sinclair, W. D. Smith and Walker: A CONCURRENT RESOLUTION TO COMMEND AND EXPRESS DEEPEST APPRECIATION TO
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4790 (Word version) -- Reps. J. H. Neal, 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. 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, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO CONGRATULATE VANESSA ALEXANDRA MENDOZA, OF UNGUIA, CHOCO, COLOMBIA, SOUTH AMERICA, UPON WINNING THE COVETED CROWN AND TITLE OF "MISS COLOMBIA" IN THE 2001-2002 MISS COLOMBIA BEAUTY PAGEANT, TO ESPECIALLY COMMEND HER ON BEING THE
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4791 (Word version) -- Reps. Knotts, Davenport, Frye, Koon, Leach, Littlejohn, Riser, Sinclair, Stuart, Vaughn and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-55 SO AS TO PROVIDE THAT A PUBLIC BODY OR PERSON OR ENTITY ACTING ON BEHALF OF THE PUBLIC BODY THAT OFFERS CERTAIN INCENTIVES TO ATTRACT A BUSINESS OR INDUSTRY TO INVEST IN SOUTH CAROLINA MUST DISCLOSE THE FISCAL IMPACT OF THE OFFER ON THE PUBLIC BODY OR OTHER GOVERNMENTAL ENTITY AT THE TIME THE OFFER IS ACCEPTED OR REJECTED, AND TO PROVIDE THAT THE FISCAL IMPACT DISCLOSURE MUST REVEAL; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT MEMORANDA, CORRESPONDENCE, AND DOCUMENTS RELATING TO AN OFFER MADE TO AN INDUSTRY OR BUSINESS OF INCENTIVES THAT REQUIRE THE EXPENDITURE OF PUBLIC FUNDS, THE TRANSFER OF ANYTHING OF VALUE OR THAT REDUCES THE RATE OR ALTERS THE METHOD OF TAXATION OF THE BUSINESS OR INDUSTRY, OR RELATING TO ANY OTHER KIND OF FINANCIAL AGREEMENT OR ARRANGEMENT OFFERED AS AN INCENTIVE, ARE NOT EXEMPT FROM DISCLOSURE AFTER THE OFFER IS ACCEPTED BY THE INDUSTRY OR BUSINESS TO WHOM THE OFFER WAS MADE.
Referred to Committee on Judiciary
On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 4730 (Word version) be read the third time tomorrow.
On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 4731 (Word version) be read the third time tomorrow.
On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 4732 (Word version) be read the third time tomorrow.
Rep. SHARPE moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4687 (Word version) -- Reps. Wilkins and Townsend: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MAY 2002, AS "SOUTH CAROLINA HIGHWAY SAFETY MONTH".
H. 4751 (Word version) -- Reps. M. Hines and J. Hines: A CONCURRENT RESOLUTION SALUTING DR. CHARLES E. BEVIS UPON HIS RETIREMENT AS EXECUTIVE DIRECTOR OF THE PEE DEE MENTAL HEALTH CENTER, AND THANKING HIM FOR HIS EXCELLENT PUBLIC SERVICE DURING HIS DISTINGUISHED CAREER.
H. 4753 (Word version) -- Reps. Miller and Snow: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE GIFTED STORYTELLER, EXCEPTIONAL LITERARY ARTIST, AND GENEROUS PHILANTHROPIST, DR. LEE R. MINTON OF PAWLEYS ISLAND, FOR HIS DISTINGUISHED CONTRIBUTIONS TO THE STUDY AND PRESERVATION OF SOUTHERN HISTORY AND CULTURE THROUGH HIS OUTSTANDING ASSISTANCE WITH PROGRAMS FOCUSING ON THE ARTS.
H. 4756 (Word version) -- Reps. J. E. Smith, Haskins, Quinn, J. H. Neal and Talley: A CONCURRENT RESOLUTION TO ENCOURAGE PRIVATE HEALTH INSURANCE COMPANIES AND EMPLOYERS TO INCLUDE INSURANCE COVERAGE FOR THE SCREENING AND DETECTION OF COLORECTAL CANCER.
H. 4764 (Word version) -- Reps. W. D. Smith, 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, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF THEIR COLLEAGUE, REPRESENTATIVE AL ROBINSON, AS HE LEAVES THE HOUSE TO ASSUME DUTIES IN WASHINGTON, D.C., WITH THE UNITED STATES DEPARTMENT OF LABOR AND WISHING FOR HIM A SUCCESSFUL AND PRODUCTIVE CAREER IN FEDERAL SERVICE.
H. 4778 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. 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, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND THE REVEREND ANTHONY A. MCCALLUM FOR HIS OUTSTANDING ACCOMPLISHMENTS AND LIFETIME OF SERVICE TO HIS FELLOWMAN AS A DEDICATED MINISTER OF THE GOSPEL OF OUR LORD JESUS CHRIST, AND TO JOYFULLY EXTEND A WARM WELCOME TO HIM AND HIS FAMILY ON THE OCCASION OF HIS INSTALLATION AS THE PASTOR AND SPIRITUAL LEADER OF BETHLEHEM BAPTIST CHURCH OF COLUMBIA.
H. 4779 (Word version) -- Reps. Davenport and Lee: A CONCURRENT RESOLUTION TO COMMEND AND HONOR SHANNON L. WYATT FOR HER DEDICATED LEADERSHIP AND THOROUGH SENSE OF RESPONSIBILITY AS AN EMPLOYEE OF THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS AT THE NORTHSIDE CORRECTIONAL INSTITUTION IN SPARTANBURG.
H. 4785 (Word version) -- Reps. Klauber, 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, 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, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION RECOGNIZING THE NATIONAL GUARD AND RESERVE AS ESSENTIAL TO THE STRENGTH AND WELL-BEING OF OUR NATION AND STATE, AND EXPRESSING DEEPEST APPRECIATION AND SUPPORT FOR THE THOUSANDS OF SOUTH CAROLINIANS PROUDLY SERVING IN THE NATIONAL GUARD AND RESERVE.
H. 4789 (Word version) -- Reps. Talley, Allison, Davenport, Lee, Littlejohn, Sinclair, W. D. Smith and Walker: A CONCURRENT RESOLUTION TO COMMEND AND EXPRESS DEEPEST APPRECIATION TO THE SPARTANBURG COUNTY FOUNDATION, ITS TRUSTEES, CONSTITUENTS, AND STAFF FOR ITS OUTSTANDING AND GENEROUS INVESTMENT IN OUR SCHOOLS, AND FOR THIS PIONEERING PUBLIC-PRIVATE PARTNERSHIP INVESTMENT IN OUR FUTURE THROUGH THE EDUCATION OF OUR YOUTH.
At 11:55 a.m. the House, in accordance with the motion of Rep. LIMEHOUSE, adjourned in memory of Mrs. Dorothy Donnelley of Green Pond, to meet at 10:00 a.m. tomorrow.
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