Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. WEEKS as follows:
We thank You, Heavenly Father, for this hallowed moment of prayer when we close from our minds the noise of the world about us. We pray for all who are entrusted with the leadership of government. Make us realize that many look to this hall for wise words and right decisions. Keep us, then, wise in debate, charitable in judgment and right in decisions. Keep our daily actions radiant with the halo of Your truths. In our private lives and in our public service, help us each day to grow more like You. Lord, in Your mercy, hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. HUGGINS moved that when the House adjourns, it adjourn in memory of Mary Russ Griffin of Cayce, mother of House Calendar Clerk Shirley Garrick, which was agreed to.
The House stood in silent prayer in memory of Evelyn Patrick, wife of former Commissioner of Agriculture Bryan Patrick.
The following was introduced:
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.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4624 (Word version) -- Reps. Knotts, Whatley, Cotty, Chellis, Davenport, Littlejohn and J. R. Smith: A BILL TO AMEND SECTION 22-5-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED IN ANOTHER COUNTY OR BY MUNICIPAL AUTHORITIES, SO AS TO PROVIDE FOR THE USE OF CERTIFIED COPIES OF WARRANTS ISSUED IN ANOTHER COUNTY OR BY MUNICIPAL AUTHORITIES FOR ARREST AND DETENTION WHEN THE PERSON CHARGED WITH A CRIME IN THE WARRANT RESIDES IN OR IS IN THE COUNTY OF THE ENDORSING MAGISTRATE.
Referred to Committee on Judiciary
H. 4625 (Word version) -- Reps. Neilson, Cotty, Sharpe, Rhoad, Bales, Lourie, Barrett, Breeland, Carnell, Chellis, Cobb-Hunter, Davenport, Delleney, Freeman, Keegan, Kirsh, Leach, Lucas, Meacham-Richardson, Owens, Perry, Rice, Riser, Robinson, Sandifer, D. C. Smith, Snow, Stuart, Taylor, Weeks, Witherspoon and A. Young: A JOINT RESOLUTION TO CREATE THE WORLD WAR II MEMORIAL MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4626 (Word version) -- Reps. Rutherford, Weeks, Bales, Hayes, Breeland, R. Brown, J. Hines, Lloyd, Moody-Lawrence and Whatley: A BILL TO AMEND SECTION 9-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EARLY RETIREMENT UNDER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM SO OVER FIVE FISCAL YEARS TO REDUCE FROM TWENTY-FIVE YEARS TO TWENTY YEARS THE REQUIRED CREDITED SERVICE OF A MEMBER OF THIS SYSTEM TO ELECT SERVICE RETIREMENT AT ANY AGE AND TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO INCREASE EMPLOYER OR EMPLOYEE CONTRIBUTIONS, OR BOTH, TO PAY THE ACTUARIAL COST OF THIS EARLY RETIREMENT.
Referred to Committee on Ways and Means
H. 4627 (Word version) -- Reps. Tripp, Haskins, Loftis, Trotter, Barrett, Chellis, Davenport, Delleney, Easterday, Freeman, Frye, Klauber, Koon, Leach, Littlejohn, Lloyd, Martin, Neilson, Rice, Robinson, Sandifer, D. C. Smith, J. R. Smith, Talley, Taylor, Webb, Whatley and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-160 SO AS TO DESIGNATE THE SEVENTEENTH DAY OF SEPTEMBER OF EACH YEAR AS "RESPECT FOR LAW DAY" AND TO REQUIRE ALL PUBLIC SCHOOLS TO ESTABLISH A PERMANENT DISPLAY THAT INCLUDES THE TEN COMMANDMENTS.
Referred to Committee on Education and Public Works
H. 4628 (Word version) -- Reps. White, Altman, Barrett, Davenport, Frye, Koon, Littlejohn, Martin, Owens, Rice, Robinson, Sandifer, Taylor and Trotter: A BILL TO AMEND SECTION 6-1-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF SERVICE OR USER FEES BY A LOCAL GOVERNING BODY, SO AS TO REQUIRE ALL ROAD OR HIGHWAY FEES TO BE KEPT IN A SEPARATE ACCOUNT WHETHER OR NOT IT CONSTITUTES FIVE PERCENT OR MORE OF THE ENTITY'S BUDGET OF THE PREVIOUS YEAR, AND TO PROVIDE THAT ANY ROAD OR HIGHWAY FEE MUST PROVIDE SUPPLEMENTAL ROAD OR HIGHWAY FUNDING AND MAY NOT BE USED TO REPLACE ANY EXISTING ROAD OR HIGHWAY FUNDING.
Referred to Committee on Ways and Means
H. 4629 (Word version) -- Reps. Harrison, McGee and Lucas: A BILL TO AMEND SECTIONS 44-53-190, 44-53-370, AND 44-53-520, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO CONTROLLED SUBSTANCES, CRIMINAL OFFENSES RELATING TO CONTROLLED SUBSTANCES, AND PENALTIES AND FORFEITURE FOR VIOLATIONS, SO AS TO INCLUDE 3, 4-METHYLENEDIOXYMETHAMPHETAMINE (MDMA), ALSO KNOWN AS "ECSTASY", AS A SCHEDULE I CONTROLLED SUBSTANCE, TO PROVIDE PENALTIES FOR ILLEGALLY POSSESSING OR TRAFFICKING IN THE DRUG, AND TO PROVIDE THAT CONVEYANCES USED IN TRANSPORTING THIS DRUG ARE SUBJECT TO FORFEITURE.
Referred to Committee on Judiciary
H. 4630 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS CONDUCTED BY ADMINISTRATIVE LAW JUDGES, SO AS TO PROVIDE THAT HEARINGS OF APPEALS FROM DECISIONS IN CONTESTED CASES BEFORE PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS HELD PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT MAY ALSO BE HELD AS OTHERWISE PROVIDED BY LAW.
Referred to Committee on Judiciary
The roll call of the House of Representatives was taken resulting as follows:
Allison Altman Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Edge Emory Fleming Freeman Frye Gilham Gourdine Hamilton Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Owens Parks Perry Phillips Rice Riser Rivers Robinson Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, J.R. Smith, W.D. Snow Stille Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whatley White Wilder Wilkins Witherspoon Young, A.
I came in after the roll call and was present for the Session on Thursday, January 31.
Karl Allen Thomas Rhoad Edith Rodgers Michael Easterday Grady Brown Harry Askins Denny Neilson Jerry Govan Douglas Jennings Bill Cotty Fletcher Smith Richard Quinn James E. Smith Robert Harrell Todd Rutherford Alex Harvin H.B. "Chip" Limehouse G. Murrell Smith Jeff Young James Harrison
LEAVE OF ABSENCE
The SPEAKER granted Rep. STUART a leave of absence due to being out of town.
The SPEAKER granted Rep. HARRISON a temporary leave of absence due to appearing in federal court.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day due to a doctor's appointment.
Rep. G. M. SMITH signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, January 23.
Announcement was made that Dr. Gerald A. Wilson of Columbia is the Doctor of the Day for the General Assembly.
Reps. STILLE and TOWNSEND presented to the House the Crescent High School "Lady Tigers" Softball Team, 2001 Class AA Champions, their coaches and other school officials.
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. 3009 (Word version)
Date: ADD:
01/31/02 EDGE
Bill Number: H. 4476 (Word version)
Date: ADD:
01/31/02 EDGE
Bill Number: H. 4416 (Word version)
Date: ADD:
01/31/02 EMORY
Bill Number: H. 4407 (Word version)
Date: ADD:
01/31/02 EMORY
Bill Number: H. 4409 (Word version)
Date: ADD:
01/31/02 EMORY
Bill Number: H. 4507 (Word version)
Date: ADD:
01/31/02 COLEMAN
Bill Number: H. 4458 (Word version)
Date: ADD:
01/31/02 SHEHEEN
Bill Number: H. 3250 (Word version)
Date: ADD:
01/31/02 ROBINSON
Bill Number: H. 3145 (Word version)
Date: ADD:
01/31/02 HOWARD
Bill Number: H. 3145 (Word version)
Date: ADD:
01/31/02 WILDER
Bill Number: H. 3145 (Word version)
Date: ADD:
01/31/02 COBB-HUNTER
Bill Number: H. 3145 (Word version)
Date: ADD:
01/31/02 BALES
Bill Number: H. 3145 (Word version)
Date: ADD:
01/31/02 BARFIELD
Bill Number: H. 3145 (Word version)
Date: ADD:
01/31/02 KEEGAN
Bill Number: H. 3145 (Word version)
Date: ADD:
01/31/02 SNOW
Bill Number: H. 3145 (Word version)
Date: ADD:
01/31/02 OTT
Bill Number: H. 3145 (Word version)
Date: ADD:
01/31/02 SINCLAIR
Bill Number: H. 3145 (Word version)
Date: ADD:
01/31/02 WALKER
Bill Number: H. 3145 (Word version)
Date: ADD:
01/31/02 RISER
Bill Number: H. 3145 (Word version)
Date: ADD:
01/31/02 PARKS
Bill Number: H. 3145 (Word version)
Date: ADD:
01/31/02 MCLEOD
Bill Number: H. 3145 (Word version)
Date: ADD:
01/31/02 ALLISON
Bill Number: H. 3145 (Word version)
Date: ADD:
01/31/02 KOON
Bill Number: H. 3145 (Word version)
Date: ADD:
01/31/02 FRYE
Bill Number: H. 3145 (Word version)
Date: ADD:
01/31/02 MCGEE
Bill Number: H. 3145 (Word version)
Date: ADD:
01/31/02 MARTIN
Bill Number: H. 3145 (Word version)
Date: ADD:
01/31/02 HOSEY
Bill Number: H. 3145 (Word version)
Date: ADD:
01/31/02 CLYBURN
Bill Number: H. 3145 (Word version)
Date: ADD:
01/31/02 GILHAM
Bill Number: H. 4622 (Word version)
Date: ADD:
01/31/02 LEE
Bill Number: H. 4622 (Word version)
Date: ADD:
01/31/02 J. HINES
Bill Number: H. 4513 (Word version)
Date: ADD:
01/31/02 HARVIN
Bill Number: H. 3462 (Word version)
Date: REMOVE:
01/31/02 LEACH
Bill Number: H. 3462 (Word version)
Date: REMOVE:
01/31/02 HAMILTON
Bill Number: H. 3708 (Word version)
Date: REMOVE:
01/31/02 SHEHEEN
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:
H. 4593 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR PERMITTING BODY PIERCING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2623, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Tuesday, February 5, which was adopted:
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 following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3761 (Word version) -- Reps. Knotts, Whatley, Coates, Keegan, Kelley, McGee, Meacham-Richardson, Riser, Sandifer, Simrill, Snow, Taylor, White and A. Young: A BILL TO AMEND SECTION 39-15-1190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF COUNTERFEIT MARKS AND THE PENALTIES THEREFOR, SO AS TO FURTHER PROVIDE FOR WHAT CONSTITUTES A "COUNTERFEIT MARK" AND TO INCREASE THE PENALTIES FOR VIOLATIONS INCLUDING THE ESTABLISHMENT OF CERTAIN FELONIES.
Rep. DELLENEY explained the Bill.
H. 3868 (Word version) -- Reps. A. Young, Keegan and Koon: A BILL TO AMEND SECTION 7-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETING AND ORGANIZATION OF THE COUNTY BOARD OF CANVASSERS, SO AS TO MOVE FROM THURSDAY TO FRIDAY AFTER THE ELECTION THE TIME FOR THE BOARD TO MEET.
Rep. FLEMING explained the Bill.
H. 4612 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA GUARD STUDENT LOAN REPAYMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2678, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. STILLE explained the Joint Resolution.
H. 4613 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO ARTICLE 9 IN CAR CAMERA VIDEOTAPING EQUIPMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2610, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. MARTIN explained the Joint Resolution.
On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H. 3761 be read the third time tomorrow.
On motion of Rep. FLEMING, with unanimous consent, it was ordered that H. 3868 be read the third time tomorrow.
On motion of Rep. STILLE, with unanimous consent, it was ordered that H. 4612 be read the third time tomorrow.
On motion of Rep. MARTIN, with unanimous consent, it was ordered that H. 4613 be read the third time tomorrow.
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 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.
Rep. DELLENEY explained the Bill.
Rep. GOURDINE 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. 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. DELLENEY explained the Bill.
Rep. OTT 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. 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.
Rep. HOWARD 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 Joint Resolution was taken up:
H. 3790 (Word version) -- Reps. Fleming, Harrison, Quinn, J. Young, 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. MCLEOD made the Point of Order that the Joint Resolution 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. 3405 (Word version) -- Reps. Fleming, Simrill, Knotts, Scarborough, J. Young, G. M. Smith, Harrison, Delleney, Haskins, F. N. Smith, Taylor, Altman, Barrett, Campsen, Cooper, Davenport, Klauber, Littlejohn, McCraw, Phillips, Rice, Riser, Robinson, Sandifer, Sharpe, D. C. Smith, J. R. Smith, Trotter, Vaughn, Walker, White, Huggins, Hinson, Gourdine, A. Young, Martin, Thompson, Chellis, Merrill, Tripp, Dantzler, Owens, Meacham-Richardson and Bingham: A BILL TO AMEND SECTION 23-31-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION A PERSON MUST COMPLETE BEFORE PURCHASING A PISTOL, AND RESTRICTIONS PLACED ON A PERSON WHO PURCHASES A PISTOL, SO AS TO DELETE THE PROVISIONS THAT PROHIBIT A PERSON FROM PURCHASING MORE THAN ONE PISTOL ON AN APPLICATION AND FROM PURCHASING MORE THAN ONE PISTOL DURING EACH THIRTY-DAY PERIOD, AND THE EXCEPTIONS TO THIS PROVISION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22111CM01):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 23-31-140 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 23-31-140. (A) Before the purchase of a pistol, the purchaser shall complete an application in triplicate in the presence of the dealer. The application to be furnished by the division must contain the applicant's (1) name; (2) residence and business address; (3) date and place of birth; (4) social security number; (5) South Carolina driver's license number or Department of Public Safety identification card number or, in the case of an applicant on active duty in the United States military, the number from the applicant's current United States military identification card.
(B) No person is allowed to purchase a pistol from a dealer unless he has fully completed the application.
(C) No person is allowed to purchase more than one pistol on each application and no person is allowed to purchase more than one pistol during each thirty-day period.
(D) The provisions of subsection (C) do not apply to (1) a law enforcement agency provided that the conditions of subsection (E) are met, (2) an agency duly authorized to perform law enforcement duties, (3) county and municipal penal facilities and the State Department of Corrections, (4) a private security company licensed to do business within this State, or (5) a person whose pistol is stolen or irretrievably lost and who feels that it is essential that he immediately purchase a pistol may obtain a special permit which will enable him to purchase a pistol upon his sworn affidavit to the chief of police, or his designated agent, of the municipality in which the applicant resides or if the applicant resides outside the corporate limits of a municipality, to the sheriff, or his designated agent, of the county in which the applicant resides. This affidavit must cite the facts and reasons why the applicant cannot wait for a thirty-day period to purchase a pistol. This special permit must contain such information as required by the division and must be on a form furnished by the division. The issuing officer shall retain a copy of the permit and forward a copy to the Division. The application must be signed by the dealer effecting the sale and must contain such information as may be required by the division.
(E) A law enforcement agency or a private security company licensed under the provisions of Title 40, Chapter 17, may purchase more than one pistol during a thirty-day period as long as the following conditions are met:
(1) the pistols purchased are for use in this State;
(2) ownership of the pistols is retained by the law enforcement agency or licensed security company;
(3) multiple purchases under this provision must be made on a special application form to be provided by the division;
(4) the multiple purchase form is signed by the chief of the law enforcement agency or the chief executive officer of the licensed private security company, whose name appears on the company license;
(5) the number of pistols purchased may not exceed the number of security guards registered under the provisions of Title 40, Chapter 17, and employed in this State;
(6) a letter of authorization, in triplicate, signed by the agency director, company representative, or their designees, certifying the purchaser to be a representative of the agency or company with delegated authority to purchase pistols for the agency or company. The letter of authorization must contain such information as may be required by the division.
(F)(C) No person may purchase a pistol from a dealer unless he is a resident of this State. For the purpose of this article, the possession of a valid South Carolina driver's license or Department of Public Safety identification card constitutes proof of residency. However, residency is not required of a person who is on active duty in the United States military and who is in possession of a current United States military identification card.
(G)(D) Upon proper completion of the application the dealer shall submit the original application to the division, retain a copy for his records, and give a copy to the applicant upon his purchase of a pistol. The application to be submitted to the division must be accompanied by a firearm transaction record properly completed by the purchaser and the dealer.
For purposes of this section, the purchase of a pistol does not include the redeeming of a pistol by its owner after it has been pledged to secure a loan."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. EASTERDAY explained the amendment.
Rep. HOWARD 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:
S. 204 (Word version) -- Senators Hawkins and Richardson: A BILL TO AMEND TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2, SO AS TO CREATE THE "FAMILY PRIVACY PROTECTION ACT OF 2001" TO ESTABLISH STATE POLICY REGARDING THE USE AND DISSEMINATION OF PERSONAL INFORMATION; TO DEFINE CERTAIN TERMS; TO ESTABLISH CERTAIN DISCLOSURE AND NOTIFICATION REQUIREMENTS; TO PROHIBIT A PUBLIC BODY FROM SELLING, PROVIDING ACCESS TO, OR FURNISHING TO A PRIVATE PERSON OR ENTITY A PUBLIC RECORD FOR USE BY THAT PRIVATE PERSON OR ENTITY FOR COMMERCIAL SOLICITATION WHICH IS DIRECTED TO A RESIDENT OF THIS STATE; AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS OF THESE PROVISIONS.
Rep. MCGEE 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:
S. 92 (Word version) -- Senators Wilson, Thomas, Reese, Rankin and Branton: A BILL TO AMEND SECTION 62-3-907, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXECUTION BY THE PERSONAL REPRESENTATIVE OF A DEED OF DISTRIBUTION IN CONNECTION WITH THE ESTATE OF A DECEASED, SO AS TO DELETE THE REQUIREMENT THAT THE DEED OF DISTRIBUTION BE EXAMINED BY THE PROBATE COURT BEFORE FILING OR ACCOMPANIED AT FILING BY AN AFFIDAVIT TO ATTEST TO ITS ACCURACY AND COMPLETENESS IN REGARD TO THE NAMED GRANTEE OR GRANTEES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1535MM01):
Amend the bill, as and if amended, by deleting SECTIONS 2, 3, and 4 in their entirety.
When amended, the bill shall read:
/ SECTION 1. Section 62-3-907 of the 1976 Code, as last amended by Act 398 of 2000, is further amended to read:
"Section 62-3-907. (A) If distribution in kind is made, whether real or personal property, the personal representative must execute an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee's title to the property.
(B) If the decedent dies intestate or devises real property to a distributee, the personal representative's execution of a deed of distribution of real property constitutes a release of the personal representative's power over the title to the real property, equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62-3-711(a). The deed of distribution affords the distributee and his purchasers or encumbrancers the protection provided in Sections 62-3-908 and 62-3-910.
(C) If the decedent devises real property to a personal representative, either in a specific or residuary devise, the personal representative's execution of a deed of distribution of the real property constitutes a transfer of the title to the real property from the personal representative to the distributee, as well as a release of the personal representative's power over the title to the real property, equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62-3-711(a). The deed of distribution affords the distributee, and his purchasers or encumbrancers, the protection provided in Sections 62-3-908 and 62-3-910.
(D) The personal representative's execution of an instrument or deed of distribution of personal property constitutes a transfer of the title to the personal property from the personal representative to the distributee, as well as a release of the personal representative's power over the title to the personal property, equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62-3-711(a).
(E) Prior to recording the deed of distribution:
(1) the deed of distribution must be examined by the probate judge to determine that the grantee or grantees named in the deed of distribution conform to the terms of the will or, in cases of intestacy, to the heirs at law as shown on Form 300PC. The seal of the probate court must be impressed upon the first page of the deed of distribution indicating that the examination has been completed; or
(2) the deed of distribution must be accompanied by an affidavit from a licensed attorney asserting that the grantee or grantees named in the deed of distribution conform to the terms of the will, or in cases of intestacy, to the heirs at law as shown on Form 300PC."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. MCGEE explained the amendment.
Rep. SCOTT 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. 4431 (Word version) -- Reps. Rodgers, Simrill, Meacham-Richardson and Gilham: A BILL TO AMEND SECTION 20-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION AND VENUE FOR ACTIONS SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO REVISE WHERE AN ACTION MAY BE BROUGHT TO INCLUDE THE COUNTY IN WHICH THE ALLEGED ACT OF ABUSE OCCURRED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11139AC02):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 20-4-40 of the 1976 Code, as last amended by Act 396 of 1996, is further amended to read:
"Section 40-4-40. There is created an action known as a 'Petition for an Order of Protection' in cases of abuse to a household member.
(a)(1) A petition for relief under this section may be made by any household members in need of protection or by any household members on behalf of minor household members.
(b)(2) A petition for relief must allege the existence of abuse to a household member. It must state the specific time, place, details of the abuse, and other facts and circumstances upon which relief is sought and must be verified.
(c)(3) The petition must inform the respondent of the right to retain counsel.
(d)(4) In a pending action for divorce or separate support and maintenance, the petition for relief shall be brought in the form of a motion for further relief and shall be served on counsel of record, if any. Where no action is pending, the petition shall be filed and served as an independent action.
(5) A petition for an order for protection must be filedin the county in which:
(a) the alleged act of abuse occurred;
(b) the petitioner resides, or is sheltered;
(c) the respondent resides; or
(d) the parties last resided together.
However, the petition must designate the proper county of venue, in accordance with Section 20-4-30. If the county in which the petition is initially filed is not the proper county of venue, as designated in the petition, the clerk of court shall forward the petition to the proper county of venue where it must be filed as if the action had been initiated in that county.
(e)(6) The clerk of court must provide simplified forms which will facilitate the preparation and filing of a petition under this section by any person not represented by counsel, including motions and affidavits to proceed in forma pauperis.
(f)(7) The clerk of court may not charge a fee for filing a petition for an order for protection from domestic abuse."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MCGEE explained the amendment.
Rep. KNOTTS 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. 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.
Rep. KNOTTS 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. 4476 (Word version) -- Reps. Harrison, Wilkins, Campsen, Lucas, McLeod and Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-45 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO GAMBLE MONEY, PROPERTY, OR ANYTHING OF VALUE UPON CERTAIN CONTESTS, GAMES, OR FUTURE EVENTS IN THIS STATE OR AT ANY LOCATION WITHIN THE JURISDICTION OF THIS STATE, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON KNOWINGLY TO OWN, KEEP, OPERATE, MANAGE, OR MAINTAIN A DEVICE OR LOCATION THAT IS USED FOR UNLAWFUL GAMBLING AS PROHIBITED ABOVE, TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION, AND TO PROVIDE EXCEPTIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\10671HTC02):
Amend the bill, as and if amended, by striking Section 16-19-45(B), as contained in SECTION 2, and inserting:
/ (B)(1) It is unlawful for a person in this State or at any location within the jurisdiction of this State knowingly to own, keep, operate, manage, or maintain a device or location of any kind that is used for a violation of subsection (A) or that is subject to the prohibitions provided in subsection (A). A person who violates a provision of this subsection 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.
(2) Subsection (B)(1) does not apply to persons who own, keep, operate, manage, or maintain a device of any kind that is used for a violation of subsection (A) or that is subject to the prohibitions provided in subsection (A) on or in a vessel within the jurisdiction of this State if:
(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.
(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.
(4) For purposes of this section, a "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. /
Amend title to conform.
Rep. CAMPSEN explained the amendment.
Rep. SCOTT 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. 4054 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO REVISE THE TIME WHEN SUCH AN APPLICANT MUST UNDERGO THIS REVIEW, THE MANNER OF THIS REVIEW, AND THE INDIVIDUALS TO WHOM THIS PROVISION APPLIES.
Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4391 (Word version) -- Reps. Townsend, Littlejohn and Walker: A BILL TO AMEND SECTION 59-19-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF SCHOOL TRUSTEES, SO AS TO REVISE THE MANNER IN WHICH MATRICULATION AND INCIDENTAL FEES MAY BE CHARGED BY SCHOOL DISTRICTS INCLUDING PROVISIONS TO EXEMPT CERTAIN STUDENTS FROM THESE FEES.
Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up:
H. 4611 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2566, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER made the Point of Order that the Joint Resolution 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 Concurrent Resolution was taken up:
H. 4071 (Word version) -- Reps. J. H. Neal, Bales, J. Brown, Cotty, Harrison, Howard, Lourie, Quinn, Rutherford, Scott and J. E. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT THE INTERSECTION OF INTERSTATE HIGHWAY 77 AND SHOP ROAD IN RICHLAND COUNTY THE "LIEUTENANT COLONEL GEORGE D. MARTIN III INTERCHANGE" IN MEMORY OF LIEUTENANT COLONEL GEORGE D. MARTIN III WHO LOST HIS LIFE ALONG WITH SIX OTHER AMERICANS AND NINE VIETNAMESE IN A HELICOPTER CRASH ON APRIL 7, 2001, IN VIETNAM WHILE SEARCHING FOR AMERICANS MISSING IN ACTION DURING THE VIETNAM WAR, AND TO ERECT APPROPRIATE SIGNS OR MARKERS WHICH CONTAIN THE WORDS "LIEUTENANT COLONEL GEORGE D. MARTIN III INTERCHANGE".
Whereas, Lieutenant Colonel George D. Martin III was one of sixteen individuals killed in a helicopter crash on Saturday, April 7, 2001, in Vietnam while searching for Americans missing in action during the Vietnam War; and
Whereas, born in Richland County, Lieutenant Colonel Martin was the son of George D. Martin, Jr. and Thelma Matthews Martin; and
Whereas, he was a graduate of Lower Richland High School and Presbyterian College; and
Whereas, Lieutenant Colonel Martin was the commander of the 1st Battalion, 32nd Infantry Regiment, 10th Mountain Division (Light), Fort Drum, New York; and
Whereas, he served our nation as an officer for nearly eighteen years with infantry units around the world; and
Whereas, Lieutenant Colonel Martin was a veteran of Operations Desert Shield and Desert Storm in the Persian Gulf, Operation Restore Democracy in Haiti, and Operation Joint Endeavor in Bosnia; and
Whereas, his military service was marked by successful commands of infantry units and challenging operation officer positions; and
Whereas, he was a member of St. Luke's Lutheran Church; and
Whereas, he leaves to mourn his death Susan Hayes Martin, his wife of seventeen years, two daughters, his parents, one sister, and a host of relatives and friends; and
Whereas, it is fitting that the members of the General Assembly recognize the accomplishments and supreme sacrifice of this son of South Carolina in this appropriate manner. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request the Department of Transportation to name the interchange at the intersection of Interstate Highway 77 and Shop Road in Richland County the "Lieutenant Colonel George D. Martin III Interchange" in memory of Lieutenant Colonel George D. Martin III who lost his life along with six other Americans and nine Vietnamese in a helicopter crash on April 7, 2001, in Vietnam while searching for Americans missing in action during the Vietnam War, and to erect appropriate signs or markers which contain the words "Lieutenant Colonel George D. Martin III Interchange".
Be it further resolved that copies of this resolution be forwarded to the Department of Transportation and Mrs. Susan Martin, widow of Lieutenant Colonel George D. Martin III.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 4346 (Word version) -- Rep. Webb: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME S-39-320 IN PICKENS COUNTY, WHICH IS DESIGNATED AS "PERIMETER ROAD", "SILAS N. PEARMAN BOULEVARD", TO RECOGNIZE THE ACCOMPLISHMENTS OF THE LATE MR. SILAS N. PEARMAN, FORMER CHIEF HIGHWAY COMMISSIONER FOR THE STATE OF SOUTH CAROLINA, AND DISTINGUISHED GRADUATE OF CLEMSON UNIVERSITY.
Whereas, Mr. Silas N. Pearman was born in Anderson County on April 5, 1904, and died on November 3, 1996; and
Whereas, upon receiving his Bachelor of Science degree in Civil Engineering in 1924 from Clemson University, he began his employment career with the South Carolina Department of Highways and Public Transportation as an instrument man; and
Whereas, Mr. Pearman advanced through the employment ranks with the department and was elevated to the position of Chief Highway Commissioner in 1961, a position he held until his retirement in 1976; and
Whereas, throughout his more than fifty-year career with the department, Mr. Pearman dedicated his life to developing and improving South Carolina's excellent network of roads and highways; and
Whereas, to memorialize the achievements of this great son of South Carolina and distinguished Clemson University graduate, it is fitting and proper for S-39-320 in Pickens County which is designated as "Perimeter Road" to be renamed "Silas N. Pearman Boulevard". Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby request that the Department of Transportation rename S-39-320 in Pickens County, which is designated as "Perimeter Road", "Silas N. Pearman Boulevard".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
Rep. HOWARD moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
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.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4632 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-48 SO AS TO PROVIDE THAT IF A STUDENT IS HOME SCHOOLED IN THE MANNER PROVIDED BY LAW, HIS RESIDENT SCHOOL DISTRICT ANNUALLY SHALL REIMBURSE HIS CUSTODIAL PARENTS OR LEGAL GUARDIAN FOR THE COST OF HIS HOME SCHOOLING, AND TO DEFINE COST FOR THIS PURPOSE.
Referred to Committee on Ways and Means
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 THE REQUISITE AMOUNT OF UNIMPAIRED CAPITAL THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MUST POSSESS IN ORDER TO BE LICENSED AND TO PROVIDE THAT THE REQUISITE CAPITAL MAY BE IN THE FORM OF CASH EQUIVALENT INVESTMENTS; TO AMEND SECTION 38-90-50, RELATING TO THE FREE SURPLUS REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO DETERMINE THE REQUISITE AMOUNT OF FREE SURPLUS THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MUST POSSESS IN ORDER TO BE LICENSED; TO AMEND SECTION 38-90-140, RELATING TO THE AGGREGATE TAXES PAID BY A CAPTIVE INSURANCE COMPANY, SO AS TO ALLOW A CAPTIVE INSURANCE COMPANY IN ITS FIRST OPERATING YEAR TO PAY THE MINIMUM PREMIUM TAX ON A PRORATED SCHEDULE; AND TO AMEND SECTION 38-90-160, RELATING TO THE APPLICABILITY OF CHAPTER 90, TITLE 38, SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO EXEMPT SPECIAL PURPOSE CAPTIVE INSURANCE COMPANIES, ON A CASE BY CASE BASIS, FROM THOSE PROVISIONS OF CHAPTER 90, TITLE 38 THAT HE DETERMINES TO BE INAPPROPRIATE GIVEN THE NATURE OF THE RISKS TO BE INSURED.
Referred to Committee on Labor, Commerce and Industry
H. 4634 (Word version) -- Reps. Barrett and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-1415 SO AS TO PROVIDE THAT A PUBLIC ENTITY IN THIS STATE MAY NOT OBTAIN PURIFIED OR UNPURIFIED WATER FROM ANOTHER PUBLIC ENTITY IN THIS STATE OR FROM A NATURAL SOURCE WITHIN THE JURISDICTION OF ANOTHER PUBLIC ENTITY IN THIS STATE UNLESS A WRITTEN CONTRACT OR AGREEMENT HAS BEEN ENTERED INTO FOR THIS PURPOSE BY THE TWO PUBLIC ENTITIES, AND TO PROVIDE THE CONDITIONS UNDER WHICH PURIFIED OR UNPURIFIED WATER MAY BE TRANSMITTED INTO OR OUT OF THIS STATE, INCLUDING A REQUIREMENT FOR THE ENACTMENT OF A REGIONAL COMPACT AMONG THE AFFECTED STATES PERMITTING SUCH ACTIVITIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4635 (Word version) -- Reps. Miller, Bales, Cobb-Hunter, Kennedy and Lloyd: A BILL TO REPEAL SECTION 6-33-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSED VALUE OF PROPERTY IN A REDEVELOPMENT PROJECT AREA WHEN THE PROPERTY IS ANNEXED BY A MUNICIPALITY.
Referred to Committee on Ways and Means
H. 4636 (Word version) -- Reps. Knotts, Koon, Frye, Whatley, Riser, Bingham and Huggins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING A NEW SECTION SO AS TO PROVIDE THAT BEGINNING ON JANUARY 1, 2004, NO AD VALOREM TAXATION ON ANY REAL PROPERTY IS PERMITTED IN THIS STATE BY ANY LOCAL GOVERNMENT TAXING ENTITY, TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW, BEFORE JANUARY 1, 2004, MUST PROVIDE FOR THE FUNDING MECHANISMS THE STATE OR THESE LOCAL GOVERNMENT TAXING ENTITIES MAY USE TO REPLACE THE REVENUE LOST AS A RESULT OF THIS PROHIBITION, AND TO PROVIDE EXCEPTIONS TO THE ABOVE FOR THE PURPOSE OF AVOIDING DEFAULT ON GENERAL OBLIGATION DEBT.
Referred to Committee on Ways and Means
H. 4637 (Word version) -- Rep. Rodgers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3815 SO AS TO PROVIDE THAT A DRIVER OF A MOTOR VEHICLE MUST MAINTAIN HIS SEAT IN AN UPRIGHT POSITION WHEN OPERATING THE MOTOR VEHICLE.
Referred to Committee on Education and Public Works
Rep. FLEMING moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4617 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO JOIN THE WORLD IN RECOGNIZING THE STUDENTS AND STAFF OF WHITE KNOLL MIDDLE SCHOOL OF WEST COLUMBIA IN LEXINGTON COUNTY, SCHOOL DISTRICT ONE, FOR THEIR AWESOME ACCOMPLISHMENT IN RAISING MORE THAN FIVE HUNDRED TWENTY THOUSAND DOLLARS TO REPLACE A FIRE ENGINE LOST TO NEW YORK CITY LADDER COMPANY 101/ENGINE 202 IN THE DEVASTATION OF SEPTEMBER 11, AND TO EXPRESS TO THE STUDENTS AND STAFF THE PRIDE OF THE CITIZENS OF SOUTH CAROLINA IN THEIR DEMONSTRATION OF BOUNDLESS COMPASSION AND COMMITMENT.
H. 4618 (Word version) -- Rep. Battle: A CONCURRENT RESOLUTION EXPRESSING SINCEREST SORROW AT THE DEATH OF DR. MACY R. GASQUE OF THE GRESHAM COMMUNITY OF MARION COUNTY, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
At 10:50 a.m. the House, in accordance with the motion of Rep. HUGGINS, adjourned in memory of Mary Russ Griffin of Cayce, mother of the House Calendar Clerk Shirley Garrick, to meet at 10:00 a.m. tomorrow.
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