Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of the Psalmist in Psalm 68:35:
"Terrible is God in His sanctuary, the God of Israel,
He gives power and strength to His people!
Blessed be God!"
Let us pray.
Our Father, as we return to our labors here, we sense the hopes of the Jewish Passover and hear the shouts of "Hosanna" from the Christian camps, together with the calls and the cries of the multitudes in need of Hope in a world of uncertainty.
We are grateful for Your promises, which are never-failing; for Your grace which is all-sufficient; and for the peace of soul which You give to souls that trust.
We thank You that the ruins and stones of ancient cultures speak mutely, but eloquently, of the Kingdom of God that shall have no end.
Make us and keep us a part of that Kingdom!
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointment was transmitted by the Honorable James H. Hodges:
Initial Appointment, Greenville County Magistrate, with term to commence upon confirmation and to expire April 30, 2002
Charles Ralph Garrett, 270 Pilot Road, Greenville, S.C. 29609 VICE James M. Looper
The following were received:
Document No. 2558
Agency: Department of Education
SUBJECT: Principal Evaluation Program
Received by Lieutenant Governor January 9, 2001
Referred to Education Committee
Legislative Review Expiration May 9, 2001
Revised June 5, 2001
HEPW Committee Requested Withdrawal March 21, 2001
120 Day Period Tolled
Withdrawn and Resubmitted April 17, 2001
Document No. 2567
Agency: Board of Education
SUBJECT: Requirements for Additional Areas of Certification
Received by Lieutenant Governor January 31, 2001
Referred to Education Committee
Legislative Review Expiration May 31, 2001
Revised June 14, 2001
HEPW Committee Requested Withdrawal April 3, 2001
120 Day Period Tolled
Withdrawn and Resubmitted April 17, 2000
Document No. 2569
Agency: Board of Education
SUBJECT: Types and Levels of Credential Classification
Received by Lieutenant Governor January 31, 2001
Referred to Education Committee
Legislative Review Expiration May 31, 2001
Revised June 27, 2001
HEPW Committee Requested Withdrawal March 21, 2001
120 Day Period Tolled
Withdrawn and Resubmitted April 17, 2001
Senator COURSON introduced Dr. John Eady of Columbia, S.C., Doctor of the Day.
At 11:20 A.M., Senator RAVENEL requested a leave of absence beginning at 4:15 P.M. today and lasting until 9:00 A.M. Wednesday, April 18, 2001.
The following were introduced:
S. 588 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-125 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT TO IMPOSE A ONE-TIME CAPITAL COST IMPACT FEE ON RESIDENCES CONSTRUCTED OR SET UP IN THE DISTRICT, TO PROVIDE LIMITATIONS ON THESE FEES AND FOR THEIR USE AND PAYMENT, AND TO DEFINE "RESIDENTIAL PROPERTY" AND "SCHOOL DISTRICT" FOR PURPOSES OF THIS SECTION.
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Read the first time and referred to the Committee on Finance.
S. 589 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-21-1035 AND 61-4-505 SO AS TO PROVIDE FOR THE TAXATION OF BEER BREWED IN A BREW PUB AND TO PROVIDE FOR A SPECIAL ON-PREMISES BEER AND WINE RETAIL PERMIT FOR CONVENTION CENTERS, COLISEUMS, AND STADIUMS FOR A FEE OF ONE THOUSAND DOLLARS; TO AMEND SECTION 12-21-1010, RELATING TO DEFINITIONS FOR PURPOSES OF THE BEER AND WINE LICENSE TAX, SO AS TO DEFINE "CIDER"; TO AMEND SECTION 61-4-90, AS AMENDED, RELATING TO THE OFFENSE OF TRANSFERRING OR GIVING BEER OR WINE TO AN UNDERAGE PERSON, SO AS TO DELETE THE REQUIREMENT THAT THE BEER OR WINE IS GIVEN OR TRANSFERRED FOR THE PURPOSE OF CONSUMPTION; TO AMEND SECTIONS 61-4-520 AND 61-4-550, RELATING TO BEER AND WINE PERMITS, SO AS TO CONFORM TERMINOLOGY IN THE GOOD CHARACTER REQUIREMENTS AND PROVIDE LIMITS ON THE ISSUING OF SPECIAL PERMITS; TO AMEND SECTION 61-4-1730, RELATING TO THE TAXATION OF BEER BREWED ON A PERMITTED PREMISES, SO AS TO CONFORM THE TAXING PROVISIONS TO SECTION 12-21-1035 OF THE 1976 CODE AS ADDED BY THIS ACT; AND TO AMEND SECTION 61-6-1820, AS AMENDED, RELATING TO THE REQUIREMENTS FOR ISSUING A MINIBOTTLE LICENSE, SO AS TO CONFORM TERMINOLOGY IN THE GOOD CHARACTER REQUIREMENT.
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Read the first time and referred to the Committee on Finance.
S. 590 (Word version) -- Senator Richardson: A BILL TO ENACT THE "SOUTH CAROLINA GENERAL OBLIGATION BOND FISCAL RESPONSIBILITY ACT" BY AMENDING SECTION 2-7-105, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON AUTHORIZATION OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO ALLOW THE AUTHORIZATION OF SUCH BONDS ONLY IN A BILL OR JOINT RESOLUTION ENACTED IN AN ODD-NUMBERED YEAR, TO EXTEND ALL LIMITATIONS OF THIS SECTION TO GENERAL OBLIGATION BONDS OF THE STATE, HOWEVER DESCRIBED, SUBJECT TO THE CONSTITUTIONAL LIMIT ON DEBT SERVICE MEASURED AS A PERCENTAGE OF GENERAL FUND REVENUES, TO REQUIRE THE ENACTMENT OF A SEPARATE JOINT RESOLUTION PRECEDING THE AUTHORIZATION OF BONDS THAT SPECIFICALLY ALLOWS THE CONSIDERATION OF A BOND BILL, TO PROVIDE THAT A BILL OR JOINT RESOLUTION ALLOWING SUCH BONDS MAY NOT BE GIVEN THIRD READING IN THE HOUSE OF REPRESENTATIVES OR SENATE OR REPORTED FROM A COMMITTEE OF CONFERENCE OR FREE CONFERENCE UNLESS IT IS ACCOMPANIED BY THE CERTIFICATE OF THE STATE TREASURER THAT DEBT SERVICE ON ALL GENERAL OBLIGATION BONDS OUTSTANDING WHEN ADDED TO ESTIMATED DEBT SERVICE ON AUTHORIZED BUT UNISSUED BONDS AND THE BONDS AUTHORIZED IN THE BILL OR JOINT RESOLUTION DO NOT EXCEED THE THEN CURRENT CONSTITUTIONAL DEBT SERVICE LIMIT, AND TO DEFINE GENERAL OBLIGATION BOND.
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Read the first time and referred to the Committee on Finance.
S. 591 (Word version) -- Senator Jackson: A BILL TO AMEND SECTION 40-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATIONS FOR LICENSURE AS AN ARCHITECT, SO AS TO REQUIRE THAT THE ARCHITECT EXAMINATION BE ADMINISTERED IN A FORMAT AND MANNER TO ACCOMMODATE APPLICANTS WITH ANY TYPE OF PHYSICAL DISABILITY.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 592 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MENTAL HEALTH ADMISSION PROCEDURES, SO AS TO ALLOW A PERSON ADMITTED ON AN EMERGENCY BASIS TO BE DISCHARGED, IF BEFORE THE HEARING A DESIGNATED EXAMINER DETERMINES THAT THE PERSON NO LONGER REQUIRES INVOLUNTARY TREATMENT; TO AMEND SECTION 44-17-430, AS AMENDED, RELATING TO PROCEDURES FOR TAKING A PERSON INTO CUSTODY FOR TWENTY-FOUR HOURS WHEN THEY ARE ALLEGED TO BE LIKELY TO CAUSE SERIOUS HARM AND A PHYSICIAN IS NOT AVAILABLE TO EXAMINE THE PERSON BEFORE HE'S TAKEN INTO CUSTODY, SO AS TO PROVIDE THAT, IF A PERSON IS NOT TAKEN INTO CUSTODY WITHIN SEVENTY-TWO HOURS OF THE ISSUANCE OF THE PROBATE COURT ORDER AUTHORIZING TAKING THE PERSON INTO CUSTODY, THE ORDER EXPIRES; TO ADD SECTION 44-17-435 SO AS TO AUTHORIZE AND PROVIDE PROCEDURES FOR A LAW ENFORCEMENT OFFICER TO TAKE A PERSON TO A MENTAL HEALTH FACILITY IF THE PERSON POSES A LIKELIHOOD OF CAUSING SERIOUS HARM TO HIMSELF OR OTHERS; TO AMEND SECTION 44-17-580, AS AMENDED, RELATING TO MENTAL HEALTH TREATMENT OF A PERSON FOUND TO BE MENTALLY ILL AND IN NEED OF INVOLUNTARY TREATMENT, SO AS TO PROVIDE PROCEDURES AUTHORIZING THE COURT TO REQUIRE A LAW ENFORCEMENT OFFICER TO TAKE A PERSON INTO PROTECTIVE CUSTODY IF THE PERSON WAS ORDERED TO OUTPATIENT TREATMENT AND DID NOT ATTEND; TO AMEND SECTION 44-17-900, RELATING TO IMMUNITY FROM LIABILITY FOR A SUPERINTENDENT OF A MENTAL HEALTH FACILITY WHO LEGALLY PARTICIPATED IN THE RELEASE OR DISCHARGE OF A PATIENT FROM A MENTAL HEALTH FACILITY, SO AS TO EXTEND THE IMMUNITY TO DIRECTORS OF FACILITIES, PHYSICIANS, HEALTH CARE PROVIDERS, EXAMINERS, INTERESTED PERSONS, AND LAW ENFORCEMENT OFFICERS; TO AMEND SECTION 44-22-150, AS AMENDED, RELATING TO THE REQUIREMENT THAT A PERSON IN A MENTAL HEALTH FACILITY OR A DRUG ABUSE FACILITY MAY NOT BE SUBJECTED TO RESTRAINT, SECLUSION, OR PHYSICAL COERCION UNLESS AUTHORIZED IN WRITING BY A PHYSICIAN, SO AS TO EXTEND THE AUTHORITY TO ORDER SUCH TREATMENT TO A LICENSED INDEPENDENT CONTRACTOR; TO AMEND SECTION 44-52-50, AS AMENDED, RELATING TO PROCEDURES FOR EMERGENCY ADMISSION FOR PERSONS WHO ARE CHEMICALLY DEPENDENT AND IN NEED OF TREATMENT, SO AS TO PROVIDE THAT, IF A PERSON IS NOT TAKEN INTO CUSTODY WITHIN SEVENTY-TWO HOURS OF THE ISSUANCE OF THE PROBATE COURT ORDER AUTHORIZING TAKING THE PERSON INTO CUSTODY, THE ORDER EXPIRES; TO ADD SECTION 44-52-55 SO AS TO AUTHORIZE AND PROVIDE PROCEDURES FOR A LAW ENFORCEMENT OFFICER TO TAKE A PERSON INTO CUSTODY IF THE OFFICER REASONABLY BELIEVES THE PERSON IS SUFFERING FROM CHEMICAL DEPENDENCY AND POSES A RISK OF HARM TO HIMSELF OR OTHERS.
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Read the first time and referred to the Committee on Medical Affairs.
S. 593 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED BY STUDENTS OF ORCHARD PARK ELEMENTARY SCHOOL OF THE SCHOOL DISTRICT OF OCONEE COUNTY ON APRIL 9, 2001, BECAUSE OF A BROKEN WATER LINE AND WORK RELATED THERETO ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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The Joint Resolution was read the first time and, on motion of Senator ALEXANDER, with unanimous consent, was ordered placed on the Calendar without reference.
H. 3013 (Word version) -- Reps. Vaughn, Altman, Barrett, J. Brown, Cobb-Hunter, Cotty, Davenport, Harvin, Leach, Littlejohn, Loftis, Rodgers, Taylor, Wilder, Witherspoon, Walker, W.D. Smith, Harrison, Stille, Whatley, Clyburn and Robinson: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS FOR STATE OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-17 SO AS TO AUTHORIZE SPECIFICALLY THE USE OF FLEXIBLE SCHEDULING BY A STATE AGENCY AND INSTITUTION IN DETERMINING AN EMPLOYEE'S MINIMUM FULL-TIME WORKWEEK SCHEDULE, INCLUDING HOURS BEFORE EIGHT-THIRTY A.M. AND AFTER FIVE P.M., SO LONG AS THE CAPACITY OF THE AGENCY OR INSTITUTION IS NOT IMPAIRED.
Read the first time and referred to the Committee on Finance.
H. 3129 (Word version) -- Reps. Kirsh, Vaughn, Altman and Whipper: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX SO AS TO PROVIDE AN EXEMPTION FOR PRESCRIPTION MEDICINE USED IN THE TREATMENT OF RENAL DISEASE.
Read the first time and referred to the Committee on Finance.
H. 3172 (Word version) -- Reps. Vaughn, Barrett, Davenport, Leach, Witherspoon, Walker, Campsen, Robinson, Rodgers, Stuart, Altman, Sharpe, Loftis, Rice, Hamilton, Easterday, Delleney, Phillips, Harrison, Chellis, Scarborough, Huggins, Tripp, Cato and Gilham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3600 SO AS TO AUTHORIZE STATE INCOME TAX CREDITS UP TO FIVE HUNDRED DOLLARS A YEAR ON A PHASED-IN BASIS FOR CONTRIBUTIONS MADE TO NONPROFIT EDUCATION FOUNDATIONS THAT PROVIDE ACADEMIC ASSISTANCE GRANTS FOR CHILDREN WHO ATTEND PUBLIC OR NONGOVERNMENT SCHOOLS, A MAJORITY OF WHOM MUST QUALIFY FOR NEEDS-BASED ASSISTANCE, AND TO PROVIDE THE PROCEDURES FOR, AND CONDITIONS AND LIMITATIONS OF, THESE INCOME TAX CREDITS.
Read the first time and referred to the Committee on Finance.
H. 3302 (Word version) -- Reps. Leach and Wilkins: A JOINT RESOLUTION TO CREATE AN ADOPTIONS PROCEDURE STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP AND ITS SCOPE OF STUDY, TO REQUIRE THE COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY, AND TO ABOLISH THE COMMITTEE UPON SUBMISSION OF ITS REPORT.
Read the first time and referred to the Committee on Judiciary.
H. 3404 (Word version) -- Rep. Fleming: A BILL TO AMEND SECTION 7-25-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FALSE SWEARING IN APPLYING FOR REGISTRATION, SO AS TO CHANGE THE PENALTY FOR A VIOLATION OF THE SECTION FROM A MISDEMEANOR TO A FELONY, AND TO INCREASE THE MAXIMUM SENTENCE FOR VIOLATIONS; TO AMEND SECTION 7-25-20, AS AMENDED, RELATING TO FRAUDULENT REGISTRATION OR VOTING, SO AS TO CHANGE THE PENALTY FOR A VIOLATION OF THE SECTION FROM A MISDEMEANOR TO A FELONY, AND TO INCREASE THE MAXIMUM SENTENCE FOR VIOLATIONS; TO AMEND SECTION 7-25-50, AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO ADD THE OFFENSE OF BRIBING A PERSON TO REGISTER TO VOTE; TO AMEND SECTION 7-25-60, AS AMENDED, RELATING TO PROCURING OR OFFERING TO PROCURE VOTES BY BRIBERY, SO AS TO ADD REGISTERING TO VOTE TO THE SECTION; AND TO AMEND SECTION 7-25-70, AS AMENDED, RELATING TO PROCURING OR OFFERING TO PROCURE VOTES BY THREATS, SO AS TO PROHIBIT A PERSON FROM USING THREATS OR ANOTHER FORM OF INTIMIDATION TO ENDEAVOR ANOTHER TO REGISTER TO VOTE, AND TO CHANGE THE PENALTY FOR VIOLATION OF THE SECTION FROM A MISDEMEANOR TO A FELONY.
Read the first time and referred to the Committee on Judiciary.
H. 3427 (Word version) -- Reps. Knotts, Barrett, Govan, Thompson, Whatley, White and Lourie: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 87 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES TO WORLD WAR II VETERANS AND TO PROVIDE FOR THE USE OF A CERTAIN PORTION OF THE FEES COLLECTED FROM THE ISSUANCE OF THIS LICENSE PLATE.
Read the first time and referred to the Committee on Transportation.
H. 3442 (Word version) -- Reps. Robinson, Wilkins, W.D. Smith, Quinn, Koon, Knotts, Allison, Altman, Barfield, Barrett, Bingham, Campsen, Cato, Chellis, Coates, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Fleming, Frye, Gilham, Gourdine, Hamilton, Harrell, Harrison, Haskins, Hinson, Huggins, Jennings, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Limehouse, Littlejohn, Loftis, Lucas, Martin, McGee, Meacham-Richardson, Merrill, Owens, Perry, Rhoad, Rice, Riser, Rodgers, Sandifer, Scarborough, Sharpe, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, Stille, Talley, Taylor, Thompson, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, White, Witherspoon, A. Young and J. Young: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO REDUCE AT THE RATE OF ONE PERCENT A YEAR THE FOUR PERCENT STATE SALES TAX ON FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO EXEMPT COMPLETELY FROM THE STATE PORTION OF THE TAX ALL SUCH FOOD AND MEALS EFFECTIVE JANUARY 1, 2005, TO PROVIDE FOR THE USE OF THE REVENUE FROM THE REDUCED RATES OF TAX DURING THE PHASE-IN PERIOD, AND TO AMEND AN ACT OF 2000 BEARING RATIFICATION NUMBER 453, RELATING TO SUPPLEMENTAL APPROPRIATIONS, SO AS TO DELETE A SALES TAX EXEMPTION FOR FOOD ITEMS MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.
Read the first time and referred to the Committee on Finance.
H. 3443 (Word version) -- Reps. Robinson, Wilkins, W.D. Smith, Quinn, Koon, Knotts, Simrill, Allison, Altman, Barfield, Barrett, Bingham, Campsen, Cato, Chellis, Coates, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Fleming, Frye, Gilham, Hamilton, Harrell, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Limehouse, Littlejohn, Loftis, Lucas, McGee, Meacham-Richardson, Owens, Perry, Rice, Riser, Rodgers, Sandifer, Sharpe, Sinclair, D.C. Smith, G.M. Smith, J.R. Smith, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, White, Witherspoon, A. Young and J. Young: A BILL TO AMEND SECTION 12-6-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL INFLATION ADJUSTMENTS TO STATE INCOME TAX BRACKETS, SO AS TO DELETE THE PROVISION LIMITING THE INFLATION ADJUSTMENT TO ONE-HALF OF THE ACTUAL INFLATION RATE AND THE OVERALL FOUR PERCENT LIMIT ON THE TOTAL INFLATION ADJUSTMENT AND TO DELETE REDUNDANT LANGUAGE.
Read the first time and referred to the Committee on Finance.
H. 3504 (Word version) -- Reps. Sheheen, Altman and Rivers: A BILL TO AMEND SECTION 8-13-1354, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR AN ELECTION-RELATED COMMUNICATION AND EXCEPTIONS, SO AS TO REQUIRE THE NAME AND ADDRESS OF THE CANDIDATE, COMMITTEE, OR PERSON MAKING THE EXPENDITURE TO BE PRINTED IN FOURTEEN POINT TYPE.
Read the first time and referred to the Committee on Judiciary.
H. 3513 (Word version) -- Reps. Easterday, Barrett, Cotty, Delleney, Freeman, Hamilton, Harrell, Hinson, Keegan, Kelley, Kennedy, Klauber, Leach, Loftis, Lucas, McGee, Merrill, Neilson, Owens, Quinn, Rice, Robinson, Scarborough, Sinclair, Thompson, Vaughn, Walker, Wilkins, Witherspoon, Campsen and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-125 SO AS TO PROHIBIT THE APPROPRIATION OF SURPLUS FUNDS FOR RECURRING EXPENDITURES OF STATE AGENCIES, TO DEFINE "RECURRING EXPENSES", AND TO PROVIDE EXCEPTIONS.
Read the first time and referred to the Committee on Finance.
H. 3586 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIONS TAX AND THE PAYMENT OF AND EXEMPTIONS TO THE ADMISSIONS TAX, SO AS TO EXEMPT PHYSICAL FITNESS CENTERS OF THIS STATE AND ITS POLITICAL SUBDIVISIONS IN THE SAME MANNER THAT PRIVATE PHYSICAL FITNESS CENTERS LICENSED UNDER CHAPTER 79 OF TITLE 44 ARE EXEMPT.
Read the first time and referred to the Committee on Finance.
H. 3590 (Word version) -- Reps. White, Coates, Cooper, Hinson, Law, Littlejohn, Martin, McGee, Meacham-Richardson, Riser, Sandifer, Sinclair, Trotter and A. Young: A BILL TO AMEND SECTION 56-1-286, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR PERMIT, AND THE DENIAL OF ISSUANCE OF A DRIVER'S LICENSE OR PERMIT BY THE DEPARTMENT OF PUBLIC SAFETY TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO DRIVES A MOTOR VEHICLE AND HAS AN ALCOHOL CONCENTRATION OF TWO ONE-HUNDREDTHS OF ONE PERCENT OR MORE, SO AS TO INCREASE THE FEE FOR A TEMPORARY ALCOHOL RESTRICTED DRIVER'S LICENSE FROM THIRTY DOLLARS TO ONE HUNDRED DOLLARS, TO PROVIDE THAT SEVENTY-FIVE DOLLARS OF THE FEE MUST BE RETAINED BY THE DEPARTMENT OF PUBLIC SAFETY, AND TO DELETE THE PROVISION THAT REQUIRES A PORTION OF THE FEE TO BE RETAINED BY THE DEPARTMENT FOR ADMINISTRATIVE COSTS ASSOCIATED WITH THE ISSUANCE OF A TEMPORARY ALCOHOL RESTRICTED DRIVER'S LICENSE.
Read the first time and referred to the Committee on Judiciary.
H. 3682 (Word version) -- Reps. Kelley, Barfield, Cooper, Edge, Keegan and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-15 SO AS TO PROVIDE THAT FAILURE BY A MEMBER OF A COUNTY REGISTRATION BOARD, A COMBINED ELECTION AND REGISTRATION COMMISSION, OR A COUNTY ELECTION COMMISSION TO COMPLETE OR MAKE SATISFACTORY PROGRESS TOWARD COMPLETING THE MANDATORY TRAINING AND CERTIFICATION REQUIREMENTS APPLICABLE TO THESE OFFICIALS CONSTITUTES NEGLECT OF DUTY FOR WHICH THE MEMBER MUST BE REMOVED FROM OFFICE BY THE GOVERNOR, AND TO REQUIRE THE STATE ELECTION COMMISSION TO REPORT TO THE GOVERNOR AND THE LEGISLATIVE DELEGATION OR OTHER RECOMMENDING AUTHORITY THE PROGRESS OF EACH OF THESE OFFICIALS TOWARD COMPLETION OF THESE TRAINING AND CERTIFICATION REQUIREMENTS.
Read the first time and referred to the Committee on Judiciary.
H. 3683 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 1-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE FOR STATE EMPLOYEES AND SCHOOL DISTRICT EMPLOYEES, SO AS TO REQUIRE ANNUAL STATE BUDGET AND CONTROL BOARD APPROVAL OF THE NEXT CALENDAR YEAR'S PLAN OF BENEFITS, ELIGIBILITY, AND CONTRIBUTIONS BY AUGUST FIFTEENTH PRECEDING THE CALENDAR YEAR RATHER THAN OCTOBER FIRST.
Read the first time and referred to the Committee on Finance.
H. 3697 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION MEMBERSHIP ON JULY 1, 2001, WITH THREE MEMBERS APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE PUBLIC DEFENDER ASSOCIATION AND FOUR MEMBERS APPOINTED BY THE CHAIRMEN OF THE HOUSE AND SENATE JUDICIARY COMMITTEES, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2001.
Read the first time and referred to the Committee on Judiciary.
H. 3733 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENTIAL PROPERTY TAX EXEMPTION, SO AS TO REVISE THE "HOLD HARMLESS" BASE YEAR IN THE REIMBURSEMENT DISTRIBUTION FORMULA FROM AMOUNTS RECEIVED BY SCHOOL DISTRICTS IN FISCAL YEAR 1998-99 TO AMOUNTS RECEIVED IN THE PRECEDING FISCAL YEAR.
Read the first time and referred to the Committee on Finance.
H. 3879 (Word version) -- Reps. Klauber, Carnell and Parks: A BILL TO AMEND ACT 546 OF 1982, RELATING TO THE ELECTION AND TERMS OF OFFICE OF MEMBERS OF THE BOARDS OF TRUSTEES OF GREENWOOD SCHOOL DISTRICTS 50, 51, AND 52, SO AS TO DELETE FROM THE PROVISIONS THE ELECTION OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, DELETE ARCHAIC REFERENCES TO THE COUNTY BOARD OF EDUCATION, MAKE OTHER CHANGES IN THE MANNER OF ELECTION OF THE TRUSTEES OF THESE DISTRICTS TO MAKE CERTAIN CHANGES CONSISTENT WITH THE OTHER TRUSTEES ELECTED IN GREENWOOD COUNTY, TO AMEND ACT 595 OF 1994, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 ARE ELECTED, SO AS TO DELETE ARCHAIC REFERENCES, AND MAKE OTHER CHANGES SO THAT THE ELECTION OF TRUSTEES OF SCHOOL DISTRICT 50 ARE CONSISTENT WITH THE ELECTION OF OTHER TRUSTEES IN THE COUNTY.
Read the first time and ordered placed on the Local and Uncontested Calendar without reference.
H. 3889 (Word version) -- Reps. Cotty, Sheheen, J.M. Neal and Lucas: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD KERSHAW COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD KERSHAW COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.
Read the first time and referred to the Committee on Judiciary.
H. 3890 (Word version) -- Reps. Townsend, Harrell, Allison, Hayes, Jennings, McCraw, Phillips and Miller: A JOINT RESOLUTION TO AUTHORIZE THE REALLOCATION OF TECHNICAL ASSISTANCE FUNDING UNDER THE EDUCATION ACCOUNTABILITY ACT FOR SPECIFIED ASSISTANCE TO LOW-PERFORMING SCHOOLS AND SCHOOL DISTRICTS, AND TO PROVIDE THE MANNER IN WHICH AND CRITERIA UNDER WHICH THIS SPECIAL ASSISTANCE SHALL BE PROVIDED.
Read the first time and referred to the Committee on Finance.
H. 3917 (Word version) -- Reps. Harrell, Keegan and Limehouse: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE AUTHORIZATION OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO SUBSTITUTE REVISED PROJECTS FOR PROJECTS PREVIOUSLY AUTHORIZED FOR THE TECHNICAL COLLEGE OF THE LOW COUNTRY AND AIKEN TECHNICAL COLLEGE WITHOUT CHANGING THE ORIGINAL AUTHORIZATION AMOUNTS.
Senators MOORE and RICHARDSON spoke on the Bill.
Read the first time and, on motion of Senator MOORE, with unanimous consent, ordered placed on the Calendar without reference.
H. 3936 (Word version) -- Reps. Lourie and Cotty: A CONCURRENT RESOLUTION TO EXTEND THE BEST WISHES AND HARDIEST CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF THE STATE OF SOUTH CAROLINA TO THE RICHLAND NORTHEAST HIGH SCHOOL'S MODEL UNITED NATIONS TEAM AND THEIR FACULTY ADVISOR AND SPONSOR, MS. LYNN WASHINGTON, ON CAPTURING THEIR TWELFTH STRAIGHT INTERNATIONAL CHAMPIONSHIP AT THE NATIONAL HIGH SCHOOL MODEL UNITED NATIONS CONFERENCE HELD ANNUALLY IN NEW YORK CITY.
The Concurrent Resolution was adopted, ordered returned to the House of Representatives.
Senator MESCHER from the General Committee submitted a favorable with amendment report on:
S. 229 (Word version) -- Senators Hayes, Wilson, Branton, Hawkins, Ravenel and Leventis: A BILL TO AMEND CHAPTER 1, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MILITARY CODE BY ADDING SECTION 25-1-160 SO AS TO ENCOURAGE OWNERS OF LAND TO MAKE LAND AND WATER AREAS AVAILABLE TO THE MILITARY DEPARTMENT FOR TRAINING AND OPERATIONAL PURPOSES BY DEFINING AND LIMITING THE OWNER'S DUTY OF CARE AND LIMITING THE OWNER'S LIABILITY TOWARD MILITARY PERSONS ENTERING THE OWNER'S LAND; BY ADDING SECTION 25-1-2260 SO AS TO PROVIDE FOR THE GRANTING OF CONTINUANCES IN COURT CASES WHEN A PARTY OR HIS ATTORNEY IS ABSENT BY REASON OF ATTENDANCE ON ACTIVE DUTY AS A MEMBER OF THE NATIONAL GUARD; BY ADDING SECTION 25-1-2957 SO AS TO PROVIDE THAT A PERSON SUBJECT TO THE MILITARY CODE WHO RECKLESSLY ENDANGERS THE LIFE OR SAFETY OF ANOTHER MAY BE PUNISHED AS A COURT-MARTIAL MAY DIRECT; TO AMEND SECTION 25-1-10, RELATING TO DEFINITIONS, SO AS TO DEFINE "UNIT MAINTENANCE FUND"; TO AMEND SECTION 25-1-40, RELATING TO APPLICABILITY OF THE UNIFORM CODE OF MILITARY JUSTICE, SO AS TO PROVIDE WHEN PRECEDENTS ESTABLISHED IN THE UNIFORM CODE OF MILITARY JUSTICE SHALL BE IN FORCE AND REGARDED AS PART OF THE MILITARY CODE; TO AMEND SECTION 25-1-60, RELATING TO COMPOSITION AND CLASSES OF MILITIA, SO AS TO INCLUDE PERSONS WHO CONTRACTUALLY BIND THEMSELVES WITHIN THE MILITIA OF THE STATE; TO AMEND SECTION 25-1-110, RELATING TO BURIAL FLAGS, SO AS TO PROVIDE THAT BURIAL FLAGS SHALL BE OBTAINED FROM THE UNITED STATES WHEN AVAILABLE; TO AMEND SECTION 25-1-340, RELATING TO VACANCIES IN THE OFFICE OF ADJUTANT GENERAL, SO AS TO DELETE THE PROVISION THAT THE GOVERNOR MAY APPOINT AN OFFICER WHO IS OF FIELD GRADE RANK OR HIGHER AND PROVIDE THAT THE GOVERNOR MAY APPOINT AN OFFICER WHO IS AT LEAST THE RANK OF COLONEL AND MEETS THE ELIGIBILITY REQUIREMENTS FOR A CONSTITUTIONAL OFFICER; TO AMEND SECTION 25-1-510, RELATING TO APPOINTMENT, QUALIFICATIONS, AND TENURE OF COMMISSIONED AND WARRANT OFFICERS, SO AS TO DELETE THE REQUIREMENT THAT A COMMISSIONED OR WARRANT OFFICER BE A RESIDENT OF THIS STATE AND PROVIDE THAT A COMMISSIONED OR WARRANT OFFICER MUST MEET FEDERAL RESIDENCY REQUIREMENTS FOR THE APPOINTMENT; TO AMEND SECTION 25-1-560, RELATING TO THE RELATIVE RANK OF OFFICERS, SO AS TO CONFORM THE RELATIVE RANK LIST TO FEDERAL MILITARY LAW; TO AMEND SECTION 25-1-580, RELATING TO THE SENIOR OFFICER ON DUTY BEING IN COMMAND, SO AS TO PROVIDE THAT A COMMANDER MAY APPOINT AN OFFICER TO COMMAND A SUBORDINATE OR DETACHED UNIT, AND THAT IF NONE IS APPOINTED, THE SENIOR OFFICER OF THE LINE ON DUTY IS IN COMMAND; TO AMEND SECTION 25-1-610, RELATING TO THE DISCHARGE OF OFFICERS, SO AS TO PROVIDE THAT THE ADJUTANT GENERAL MAY INVESTIGATE THE CONDUCT, CAPACITY, AND GENERAL COMPETENCE OF OFFICERS AND TO REVISE THE GROUNDS FOR THE DISCHARGE OF OFFICERS; TN AMEND SECTION 25-1-810, RELATING TO PROMOTIONS UNDER THE RESERVE OFFICER PERSONNEL ACT, SO AS TO DELETE THE OBSOLETE REFERENCE TO THE RESERVE OFFICER PERSONNEL ACT AND REPLACE IT WITH A REFERENCE TO FEDERAL LAW; TO AMEND SECTION 25-1-830, RELATING TO OFFICER SELECTION BOARDS, SO AS TO DELETE CERTAIN OBSOLETE PROVISIONS RELATING TO BRIGADIER GENERAL AND COLONEL SELECTION BOARDS; TO AMEND SECTION 25-1-850, RELATING TO TRANSFER OF OFFICERS WITHIN THE ARMY NATIONAL GUARD, SO AS TO DELETE A PROVISION THAT A TRANSFER MUST BE MUTUALLY ACCEPTABLE TO COMMANDERS CONCERNED; TO AMEND SECTION 25-1-870, RELATING TO A VACANCY IN THE GRADE OF MAJOR GENERAL, SO AS TO PROVIDE THAT A VACANCY IN THE GRADE OF MAJOR GENERAL MUST BE FILLED BY A FULLY QUALIFIED OFFICER; TO AMEND SECTION 25-1-880, RELATING TO A VACANCY IN THE GRADE OF BRIGADIER GENERAL, SO AS TO DELETE OBSOLETE LANGUAGE RELATING TO THE BRIGADIER GENERAL SELECTION BOARD AND PROVIDE THAT A VACANCY IN THE GRADE OF BRIGADIER GENERAL MUST BE FILLED BY THE PROMOTION OF THE BEST QUALIFIED OFFICER IN THE NEXT LOWER GRADE AS DETERMINED BY THE ADJUTANT GENERAL; TO AMEND SECTION 25-1-1110, RELATING TO PROMOTIONS UNDER THE RESERVE OFFICER PERSONNEL ACT, SO AS TO DELETE REFERENCES TO THE RESERVE OFFICER PERSONNEL ACT AND PROVIDE FOR PROMOTIONS UNDER FEDERAL LAW; TO AMEND SECTION 25-1-1140, RELATING TO A VACANCY IN THE HEADQUARTERS OF THE AIR NATIONAL GUARD, SO AS TO DELETE A PROVISION THAT NO OFFICER SHALL BE ASSIGNED TO HEADQUARTERS, AIR NATIONAL GUARD, UNTIL HE HAS COMPLETED THREE YEARS COMMISSIONED SERVICE IN THE SOUTH CAROLINA AIR NATIONAL GUARD; TO AMEND SECTION 25-1-1330, RELATING TO ANNUAL SETTLEMENTS FOR FEDERAL AND STATE PROPERTY, SO AS TO DELETE REFERENCES TO RESPONSIBLE OFFICER AND REPLACE THEM WITH REFERENCES TO RESPONSIBLE PARTY AND TO AUTHORIZE COLLECTION ACTIONS FOR PAYMENTS FROM PARTIES LIABLE ON PROPERTY ACCOUNTS; TO AMEND SECTION 25-1-1370, RELATING TO UNIT MAINTENANCE FUND ALLOWANCES, SO AS TO DELETE REFERENCES TO THE MILITARY BOARD, DELETE REFERENCES TO CERTAIN DATES FOR PAYMENTS OF APPROPRIATIONS AND PROVIDE FOR PAYMENTS PERIODICALLY, AND TO PROVIDE THAT UNIT MAINTENANCE FUNDS FROM SOURCES OUTSIDE THE ANNUAL APPROPRIATION MUST BE REGULATED AND AUDITED BY THE ADJUTANT GENERAL; TO AMEND SECTION 25-1-1620, RELATING TO THE CUSTODIAN AND USE OF TRAINING FACILITIES, SO AS TO PROVIDE THAT THE ADJUTANT GENERAL IS THE MANAGER AS WELL AS CUSTODIAN OF TRAINING FACILITIES AND THAT FACILITIES OWNED OR LEASED FOR THE MILITARY DEPARTMENT MAY BE RENTED OR SUBLEASED WHEN NOT IN USE FOR TRAINING; TO AMEND SECTION 25-1-1820, RELATING TO WHEN THE NATIONAL GUARD IS SUBJECT TO ACTIVE DUTY, SO AS TO DELETE THE CIRCUMSTANCE OF WHEN THE PRESIDENT IS UNABLE WITH THE REGULAR FORCES TO EXECUTE THE LAWS OF THE UNITED STATES AND PROVIDE THAT THE NATIONAL GUARD IS SUBJECT TO ACTIVE DUTY WHEN THE PRESIDENT ISSUES ORDERS TO EXECUTE THE LAWS OF THE UNITED STATES; TO AMEND SECTION 25-1-2110, RELATING TO TERMS OF ENLISTMENT, SO AS TO DELETE THE THREE-YEAR PROVISION AND PROVIDE THAT ORIGINAL ENLISTMENTS IN THE NATIONAL GUARD MUST BE FOR A PERIOD TO COMPLY WITH GOVERNING DEPARTMENT OF DEFENSE REGULATIONS; TO AMEND SECTION 25-1-2220, RELATING TO TRANSFER OF ENLISTED MEN, SO AS TO DELETE THE PROVISION THAT THE TRANSFER BE APPROVED BY THE COMMANDING OFFICERS OF THE UNITS INVOLVED; TO AMEND SECTION 25-1-2230, RELATING TO DISCHARGES, SO AS TO REVISE THE AUTHORITY FOR DISCHARGES OF ENLISTED PERSONS; TO AMEND SECTION 25-1-2420, RELATING TO DEFINITIONS, SO AS TO INCLUDE PERSONS ATTACHED OR ASSIGNED TO STATE UNITS WITHIN THE DEFINITION OF "MILITARY FORCES"; TO AMEND SECTION 25-1-2420, RELATING TO DEFINITIONS, BY ADDING A NEW SUBPARAGRAPH APPROPRIATELY NUMBERED SO AS TO DEFINE "OFFICER"; TO AMEND SECTION 25-1-2450, RELATING TO APPOINTMENT OF THE STATE JUDGE ADVOCATE, SO AS TO PROVIDE THAT, ABSENT SEPARATE APPOINTMENT, THE SENIOR JUDGE ADVOCATE OF THE NATIONAL GUARD IS THE STATE JUDGE ADVOCATE; TO AMEND SECTION 25-1-2460, RELATING TO APPREHENSION, SO AS TO DELETE REFERENCES TO CIVIL OFFICERS HAVING AUTHORITY TO APPREHEND OFFENDERS AND PROVIDE FOR APPREHENSION BY ANY OFFICER UNDER THE LAWS OF THE UNITED STATES OR OF SOUTH CAROLINA; TO AMEND SECTION 25-1-2520, RELATING TO NONJUDICIAL PUNISHMENT, SO AS TO DELETE A REFERENCE TO THE INSPECTOR GENERAL; TO AMEND SECTION 25-1-2530, RELATING TO TYPES OF COURTS-MARTIAL, SO AS TO PROVIDE FOR A SUMMARY COURT-MARTIAL CONSISTING OF ONE OFFICER RATHER THAN ONE COMMISSIONED OFFICER; TO AMEND SECTION 25-1-2550, RELATING TO JURISDICTION OF GENERAL COURTS-MARTIAL, SO AS TO INCREASE THE FINE THAT MAY BE IMPOSED BY GENERAL COURTS-MARTIAL FROM TWO THOUSAND DOLLARS TO THREE THOUSAND DOLLARS; TO AMEND SECTION 25-1-2560, RELATING TO JURISDICTION OF SPECIAL COURTS-MARTIAL, SO AS TO DELETE THE LANGUAGE EXCLUDING OFFICERS FROM THE JURISDICTION OF SPECIAL COURTS-MARTIAL AND TO INCREASE THE AMOUNT OF FINE THAT MAY BE IMPOSED BY SPECIAL COURTS-MARTIAL FROM FIVE HUNDRED DOLLARS TO ONE THOUSAND DOLLARS; TO AMEND SECTION 25-1-2570, RELATING TO JURISDICTION OF SUMMARY COURTS-MARTIAL, SO AS TO INCREASE THE AMOUNT OF FINE THAT MAY BE IMPOSED BY SUMMARY COURTS-MARTIAL FROM TWO HUNDRED DOLLARS TO FIVE HUNDRED DOLLARS; TO AMEND SECTION 25-1-2580, RELATING TO APPOINTMENT OF GENERAL COURTS-MARTIAL, SO AS TO PROVIDE THAT GENERAL COURTS-MARTIAL MAY BE APPOINTED BY THE ADJUTANT GENERAL AS WELL AS THE GOVERNOR; TO AMEND SECTION 25-1-2610, RELATING TO WHO MAY SERVE ON COURTS-MARTIAL, SO AS TO REMOVE REFERENCES TO COMMISSIONED AND WARRANT OFFICERS, AND PROVIDE THAT ANY OFFICER ON OR OFF DUTY WITH THE MILITARY FORCES MAY SERVE ON COURTS-MARTIAL; TO AMEND SECTION 25-1-2725, RELATING TO THE STATUTE OF LIMITATIONS, SO AS TO DELETE PROVISIONS RELATING TO DESERTION DURING TIMES OF PEACE AND CERTAIN OTHER OFFENSES PUNISHABLE UNDER THE MILITARY CODE AND PROVIDE THAT A PERSON CHARGED WITH ANY OFFENSE IS NOT LIABLE TO BE TRIED BY COURT-MARTIAL IF THE OFFENSE WAS COMMITTED MORE THAN THREE YEARS BEFORE RECEIPT OF SWORN CHARGES OR THE IMPOSITION OF PUNISHMENT; TO AMEND SECTION 25-1-2750, RELATING TO CONTEMPT, SO AS TO INCREASE THE AMOUNT OF FINE THAT MAY BE IMPOSED BY A COURT-MARTIAL FOR CONTEMPT FROM TWENTY-FIVE DOLLARS TO FIVE HUNDRED DOLLARS; TO AMEND SECTION 25-1-2780, RELATING TO RECORDS OF TRIAL OF COURTS-MARTIAL, SO AS TO PROVIDE THAT SUMMARY COURT-MARTIAL PROCEEDINGS MUST USE DOCUMENTS PROMULGATED BY REGULATIONS OF THE ADJUTANT GENERAL; TO AMEND SECTION 25-1-2795, RELATING TO SENTENCES OF COURTS-MARTIAL, SO AS TO DELETE CERTAIN REFERENCES TO GENERAL COURT-MARTIAL JURISDICTION SO AS TO MAKE CERTAIN PROVISIONS OF THE SECTION APPLICABLE TO COURT-MARTIAL JURISDICTION RATHER THAN ONLY TO THE JURISDICTION OF A GENERAL COURT-MARTIAL; TO AMEND SECTION 25-1-2935, RELATING TO THE OFFENSE OF DISRESPECT TOWARD A SUPERIOR COMMISSIONED OFFICER, BY DELETING THE REFERENCE TO COMMISSIONED OFFICER AND INCLUDING NONCOMMISSIONED OFFICERS, SO AS TO MAKE THE OFFENSE OF DISRESPECT APPLICABLE TO SUPERIOR OFFICERS OR NONCOMMISSIONED OFFICERS; TO AMEND SECTION 25-1-2940, RELATING TO THE OFFENSE OF ASSAULTING OR WILFULLY DISOBEYING A SUPERIOR COMMISSIONED OFFICER, BY DELETING THE REFERENCE TO COMMISSIONED OFFICER AND INCLUDING NONCOMMISSIONED OFFICERS, SO AS TO MAKE THE OFFENSES OF ASSAULT AND WILFULLY DISOBEYING A LAWFUL COMMAND APPLICABLE TO SUPERIOR OFFICERS OR NONCOMMISSIONED OFFICERS; TO AMEND SECTION 25-1-2945, RELATING TO INSUBORDINATE CONDUCT TOWARD A WARRANT OFFICER OR NONCOMMISSIONED OFFICER, BY DELETING REFERENCES TO WARRANT OFFICER, SO AS TO MAKE THE OFFENSE OF INSUBORDINATE CONDUCT APPLICABLE TO OFFICERS AND NONCOMMISSIONED OFFICERS; TO AMEND SECTION 25-1-2950, RELATING TO THE OFFENSES OF FAILURE TO OBEY ORDERS AND REGULATIONS AND DERELICTION OF DUTY, SO AS TO INCLUDE THE VIOLATION OF A STATUTE WITHIN THE OFFENSE; TO AMEND SECTION 25-1-3065, RELATING TO CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN, BY DELETING REFERENCES TO COMMISSIONED OFFICER AND A GENTLEMAN, SO AS TO PROVIDE THAT ANY OFFICER WHO IS CONVICTED OF CONDUCT UNBECOMING AN OFFICER MAY BE PUNISHED AS A COURT-MARTIAL MAY DIRECT; TO AMEND SECTION 25-1-3085, RELATING TO THE AUTHORITY TO ADMINISTER OATHS, BY DELETING REFERENCES TO COMMISSIONED OFFICER, SO AS TO PROVIDE THAT ALL OFFICERS HAVE THE AUTHORITY TO ADMINISTER OATHS; TO AMEND SECTION 25-1-3095, RELATING TO COMPLAINTS AGAINST OFFICERS, BY DELETING THE REQUIREMENT THAT COMPLAINTS BE FORWARDED TO THE ADJUTANT GENERAL, SO AS TO PROVIDE THAT ANY MEMBER OF THE MILITARY FORCE MAY COMPLAIN TO HIS NEXT SUPERIOR COMMISSIONED OFFICER; TO AMEND SECTION 25-1-3155, RELATING TO DELEGATION OF AUTHORITY, SO AS TO PROVIDE THAT THE POWER GIVEN THE ADJUTANT GENERAL BY SECTION 25-1-2580 MAY NOT BE DELEGATED; TO AMEND SECTION 25-1-3235, RELATING TO THE NATIONAL GUARD PENSION FUND, SO AS TO PROVIDE THAT CERTAIN PERSONS WITH A BREAK IN SERVICE REMAIN ELIGIBLE FOR PENSION BENEFITS; TO AMEND SECTION 25-17-30, AS AMENDED, RELATING TO MAINTENANCE OF THE MUSEUM, SO AS TO DELETE THE PROVISION THAT NO STATE FUNDS MAY BE USED FOR MAINTENANCE OF THE MUSEUM; AND TO REPEAL SECTIONS 25-1-330, 25-1-950, 25-1-1340, 25-1-1390, 25-1-1400, 25-1-2130, AND 25-1-2160.
Ordered for consideration tomorrow.
Senator MESCHER from the General Committee submitted a favorable report on:
H. 3380 (Word version) -- Reps. Jennings and Kelley: A BILL TO AMEND SECTIONS 52-19-20 AND 52-19-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO DEFINITIONS CONCERNING BUNGEE JUMPING, SO AS TO INCLUDE IN THE REGULATION OF BUNGEE JUMPING DEVICES IN WHICH THE BUNGEE CORD IS A WIRE ROPE, CABLE, SPRING, OR OTHER DEVICE SIMILAR IN DESIGN OR USE.
Ordered for consideration tomorrow.
H. 3288 (Word version) -- Reps. Cato, Edge and White: A BILL TO AMEND CHAPTER 29, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF MANUFACTURED HOUSING, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD.
The House returned the Bill with amendments.
On motion of Senator ALEXANDER, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 559 (Word version) -- Finance Committee: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES TAX ACT, SO AS TO PROVIDE THAT GROSS PROCEEDS OF SALES DO NOT INCLUDE INTEREST, FEES, OR CHARGES IMPOSED ON A CUSTOMER FOR LATE PAYMENT OF A BILL FOR ELECTRICITY OR NATURAL GAS, OR BOTH, WHETHER OR NOT SALES TAX IS REQUIRED TO BE PAID ON THE UNDERLYING BILL.
The following Bill and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:
H. 3685 (Word version) -- Reps. Hayes and M. Hines: A BILL TO AUTHORIZE SCHOOL DISTRICTS 1, 2, AND 3 OF DILLON COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
On motion of Senator GLOVER, H. 3685 was ordered to receive a third reading on Wednesday, April 18, 2001.
S. 585 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, RELATING TO CRIMINAL JUSTICE INFORMATION SYSTEM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2533, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3821 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO ESTABLISH A THREE-YEAR PILOT PROGRAM OF ALLIGATOR FARMING FOR THE PURPOSE OF DETERMINING THE FEASIBILITY OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL AND PROVIDE THAT UNTIL JULY 1, 2004, ANY PERSON EIGHTEEN OR OLDER MAY ESTABLISH AN ALLIGATOR FARM FOR THE PURPOSE OF POULTRY MORTALITY DISPOSAL BY COMPLYING WITH CERTAIN TERMS, CONDITIONS, AND PROVISIONS RELATING TO PARTICIPATION IN THE PILOT PROGRAM OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 496 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33, SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET PROCEEDS RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE FOR SPECIFIED PURPOSES FOR THE PROCEEDS; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR UNDER CERTAIN CIRCUMSTANCES, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT PROVISION; TO ADD SECTION 2-15-63, SO AS TO PROVIDE THAT BEGINNING IN DECEMBER 2004, AND EVERY THREE YEARS THEREAFTER, THE LEGISLATIVE AUDIT COUNCIL MUST CONDUCT A MANAGEMENT PERFORMANCE AUDIT OF THE LOTTERY CORPORATION; TO AMEND SECTION 12-36-2120, RELATING TO THE EXEMPTIONS FROM THE SALES TAX, SO AS TO INCLUDE THE SALE OF A LOTTERY TICKET; AND TO AMEND SECTION 59-63-210, RELATING TO THE GROUNDS FOR WHICH A STUDENT MAY BE EXPELLED, SO AS TO PROVIDE THAT NO STUDENT UNDER EIGHTEEN YEARS OF AGE WHO UNLAWFULLY PURCHASES A LOTTERY TICKET MAY BE EXPELLED FOR THAT REASON ONLY.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator SETZLER proposed the following Amendment No. 66 (NGS.496), which was adopted:
Amend the bill, as and if amended, page 44, Section 33-57-460(D) by striking line 8 and inserting:
/ schedule may be adjusted during the lottery's first and second year of /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
Senator BRANTON proposed the following Amendment No. 70 (496C100MRH), which was adopted:
Amend the bill, as and if amended, Section 33-57-160(A)(17) as contained in SECTION 2, page 11, line 14, by striking the sentence after /problems./ and inserting the following:
/ Wherever lottery game tickets are sold, a lottery retailer must post a conspicuous sign in a prominent location, inside the retailer's premises and adjacent to the point of sale, clearly warning of the dangers and risks of gambling and the odds of winning and the odds of losing; /
Renumber sections to conform.
Amend title to conform.
Senator BRANTON spoke on the Bill.
Senator BRANTON explained the amendment.
The amendment was adopted.
Senators JACKSON and GREGORY proposed the following Amendment No. 71A (JUD0496.023A), which was tabled:
Amend the bill, as and if amended, page 12, line 15, by adding the following:
/ Section 33-57-165. (A) Outdoor advertising of lottery games or the sale of lottery tickets by the lottery corporation is prohibited, whether done directly by the corporation or indirectly through a contract with a vendor. This prohibition does not apply to outdoor advertising which is visible from the main-traveled way of the interstate system, as defined in Section 57-25-120(1), and erected with the purpose of its message being read from the traveled way, to the extent that outdoor advertising is otherwise permitted along the interstate system pursuant to Article 3, Chapter 25, Title 57.
(B)(1) 'Outdoor Advertising' means an outdoor advertising sign as defined in Section 57-25-120(3).
(2) The term 'outdoor advertising' does not mean an advertisement on the outside of the lottery corporation headquarters. /
Renumber sections to conform.
Amend title to conform.
Senator GREGORY explained the amendment.
Senator GREGORY moved that the amendment be adopted.
Senator LAND moved to lay the amendment on the table.
On motion of Senator LAND, the motion to table was withdrawn.
The question then was the adoption of the amendment.
Senator McCONNELL spoke on the amendment.
Senator McCONNELL moved to lay the amendment on the table.
The amendment was laid on the table.
Senators BRANTON, SETZLER and RITCHIE proposed the following Amendment No. 75A (496R017.WSB), which was adopted:
Amend the bill, as and if amended, page 42, beginning on line 26, in Section 33-57-460(B) as contained in SECTION 2, by striking items (2) and (3) and inserting therein the following:
/ (2) thirty-eight percent for the SC HOPE Scholarship Program established pursuant to Section 33-57-480 of this chapter; however, from these funds, the University of South Carolina-Aiken and the University of South Carolina-Spartanburg must be reimbursed the total cost of tuition for those students enrolled in the associate degree nursing program; this amount is in lieu of HOPE scholarships for those eligible students;
(3) nine percent to the Department of Education to be allocated as follows:
(a) eighty-nine percent to K-12 school technology; and
(b) eleven percent to school-based grants for pilot programs, with first priority given to schools reported as average, below average, or unsatisfactory in accordance with the Education Accountability Act;
(4) one percent to the State Library for public library state aid;
(5) two percent to the Department of Education to fund homework centers; these funds must be allocated to the local school districts based on a per pupil basis and may be used for salaries for certified teachers and for transportation costs, provided that priority in the distribution of funds must be given to schools designated as below average or unsatisfactory in accordance with the Education Accountability Act./
Amend the bill, as and if amended, page 43, Section 33-57-460(C) as contained in SECTION 2, by striking lines 21 through line 2 on page 44 and inserting therein the following:
/ scholarships, or other financial aid. A student must not receive reduced financial aid as a result of the implementation of this section;
(3) twenty-seven percent to the Department of Education to be allocated as follows:
(a ) twelve percent to K-12 school technology;
(b) twenty-two percent to school-based grants for pilot programs, with first priority given to schools reported as average, below average, or unsatisfactory in accordance with the Education Accountability Act;
(c) twenty-two percent to the Governor's Reading Initiative;
(d) twenty-two percent to the Department of Education to fund homework centers, these funds must be allocated to the local school districts based on a per pupil basis and may be used for salaries for certified teachers and for transportation costs, provided that priority in the distribution of funds must be given to schools designated as below average or unsatisfactory in accordance with the Education Accountability Act; and
(e) eleven percent to assist with the establishment of new magnet schools with any carryover at the end of the fiscal year to be used at the discretion of the State Department of Education; and
(f) eleven percent to assist with the establishment of new charter schools with any carryover at the end of the fiscal year to be used at the discretion of the State Department of Education;
(4) three percent to the State Library for public library state aid./
Renumber sections to conform.
Amend title to conform.
Senator BRANTON explained the amendment.
The amendment was adopted.
Senator BRANTON proposed the following Amendment No. 77 496C103.MRH), which was adopted:
Amend the bill, as and if amended, SECTION 2, page 36, after line 39, by the adding the following new subsection to read:
/ (3) If the funds available for distribution pursuant to Section 33-57-460 fall below seventy-five million dollars for any fiscal year, the oversight committee must immediately conduct an investigation into the reasons for the shortfall and upon conclusion of their investigation report their findings along with recommendations for changes in the laws or regulations governing the conduct of the lottery to the chief executive officer, the board, the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives. The investigation must be completed and the reports delivered to the appropriate officials within one hundred and eighty days of the end of the fiscal year for the shortfall. /
Renumber sections to conform.
Amend title to conform.
Senator BRANTON explained the amendment.
Senator BRANTON moved that the amendment be adopted.
The amendment was adopted.
Senators RYBERG and McCONNELL proposed the following Amendment No. 79 (JUD0496.42), which was adopted:
Amend the bill, as and if amended, page 12, beginning on line 26, in Section 33-57-165, as contained in SECTION 2, by striking Section 33-57-165 in its entirety and inserting therein the following:
/ Section 33-57-165. (A) In addition to the powers and duties granted to the corporation elsewhere in this chapter, the corporation must issue permits to private organizations qualified pursuant to this subsection to conduct raffles intended to raise money for charitable purposes. In order to qualify pursuant to this subsection, the organization must be exempt from taxation under 26 U.S.C. 501(c)(3) and must file with the corporation an application in writing on a form approved by the corporation containing a statement by an officer or director of the organization under oath setting forth:
(1) the name and address of the organization;
(2) a description of the organization;
(3) evidence of exemption under 26 U.S.C 501(c)(3);
(4) that the organization has been located in this State for at least thirty days before the date of application;
(5) that the organization is not or will not be using a paid promoter to conduct or promote the raffle; and
(6) that the organization will use only paper tickets which will be drawn from a collective pool of tickets.
(B) All proceeds from a raffle after payment of prizes shall be expended only for tax exempt purposes of the sponsoring organization. No fee or expenses may be paid to a promoter to conduct or promote a raffle authorized pursuant to this section.
(C) A permit issued pursuant to this section must specifically prohibit the use of a machine or device prohibited by Sections 12-21-2710, 16-19-40, and 16-19-50. No raffle authorized pursuant to this section may use other than paper tickets drawn from a collective pool.
(D) Nothing in this section limits or otherwise affects Section 61-2-180. /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 16-19-10 is amended by adding the following sentence at the end to read:
"A raffle conducted by an organization pursuant to Section 33-57-165 is not a lottery for purposes of this section." /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read;:
/ SECTION ___. Section 16-19-20 is amended by adding the following sentence at the end to read:
"A raffle conducted by an organization pursuant to Section 33-57-165 is not a lottery for purposes of this section." /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read;:
/ SECTION ___. Section 16-19-30 is amended by adding the following sentence at the end to read:
"A raffle conducted by an organization pursuant to Section 33-57-165 is not a lottery for purposes of this section." /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
Senator RYBERG moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator MARTIN, with unanimous consent, Amendment No. 74A was taken up for immediate consideration.
Senators MARTIN, RYBERG and THOMAS proposed the following Amendment No. 74A (GJK\20513MM01), which was subsequently replaced with Amendment No. 74B:
Amend the bill, as and if amended, in Section 33-57-160(A)(17) of the 1976 Code, page 10, by adding immediately after the first sentence of item (17): / The advertising may not exceed one percent of the previous year's gross sales, not to exceed five million dollars a year; provided that, during the initial year of operation of the lottery, advertising expenses may not exceed five million dollars.. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by the Joint Assembly, with Senator MARTIN retaining the floor.
At 12:23 P.M., on motion of Senator McCONNELL, the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:30 P.M., the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
H. 3787 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, APRIL 17, 2001, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2001, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
The PRESIDENT announced that nominations were in order to elect a successor to the at-large position on the Board of Trustees for The Citadel.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Col. Dennis J. Rhoad of Charleston, S.C. had been screened and found qualified to serve.
Representative Phillips indicated that Col. Dennis J. Rhoad had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Dennis J. Rhoad had been elected to the at-large position on the Board of Trustees for The Citadel for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University from the 2nd Congressional District, Seat #4.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. James F. Kane of Columbia, S.C. had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable James F. Kane was elected to a position on the Board of Trustees for Coastal Carolina University, 2nd Congressional District, Seat #4 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University from the 3rd Congressional District, Seat #6.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. William L. Lyles, Jr. of Anderson, S.C. had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable William L. Lyles, Jr. was elected to a position on the Board of Trustees for Coastal Carolina University, 3rd Congressional District, Seat #6 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University from the 4th Congressional District, Seat #8.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Keith S. Smith of Greer, S.C. had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Keith S. Smith was elected to a position on the Board of Trustees for Coastal Carolina University, 4th Congressional District, Seat #8 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University from the 5th Congressional District, Seat #10.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Robert D. Brown of Camden, S.C. had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Robert D. Brown was elected to a position on the Board of Trustees for Coastal Carolina University, 5th Congressional District, Seat #10 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University from the 6th Congressional District, Seat #12.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Cathy B. Harvin of Summerton, S.C. had been screened and found qualified to serve and placed her name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Cathy B. Harvin was elected to a position on the Board of Trustees for Coastal Carolina University, 6th Congressional District, Seat #12 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University from the At-Large District, Seat #14.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Dean P. Hudson of Conway, S.C. had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Dean P. Hudson was elected to a position on the Board of Trustees for Coastal Carolina University, At-Large District, Seat #14 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 4th Congressional District, Seat #8.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mrs. Debra Gammons of Greenville, S.C., Dr. J. H. Corbitt of Greenville, S.C., Mr. W. T. Maynard of Spartanburg, S.C. and Mr. Lawrence R. Miller of Greenville, S.C. had been screened and found qualified to serve.
Representative Phillips placed the names of Dr. Corbitt and Mr. Miller in nomination.
On motion of Representative Phillips, with unanimous consent, the names of Mrs. Gammon and Mr. Maynard were withdrawn from consideration.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Dr. Corbitt:
Anderson Branton Drummond Elliott Ford Giese Glover Gregory Grooms Hawkins Hayes Hutto Land Leventis Matthews McGill Mescher Moore O'Dell Patterson Pinckney Rankin Ravenel Ryberg Saleeby Thomas Verdin Waldrep Wilson
The following named Senators voted for Mr. Miller:
Alexander Bauer Courson Fair Leatherman Martin McConnell Peeler Richardson Ritchie Smith, J. Verne
The following named Senator abstained from voting:
Passailaigue
On motion of Representative Phillips, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Dr. Corbitt:
Allen Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, R. Clyburn Cobb-Hunter Coleman Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Lee Lloyd Lourie Mack McCraw McLeod Miller Neal, J.H. Neal, J.M. Ott Parks Phillips Rhoad Rutherford Scott Sheheen Smith, F.N. Snow Weeks Whipper Wilder
The following named Representatives voted for Mr. Miller:
Allison Altman Barfield Barrett Bingham Campsen Cato Chellis Coates Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin McGee Meacham-Richardson Merrill Owens Perry Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Whatley White Wilkins Witherspoon Young, A. Young, J.
Total number of Senators voting 40
Total number of Representatives voting 117
Grand Total 157
Necessary to a choice 79
Of which Dr. Corbitt received 73
Of which Mr. Miller received 84
Whereupon, the PRESIDENT announced that the Honorable Lawrence R. Miller was elected to a position on the Board of Trustees for the College of Charleston from the 4th District, Seat #8 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University from the 2nd District, Seat #3.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Bill Ellen of Columbia, S.C. had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Bill Ellen was elected to a position on the Board of Trustees for Francis Marion University from the 2nd District, Seat #3 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University from the 4th District, Seat #7.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. L. Franklin Elmore of Greenville, S.C. had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable L. Franklin Elmore was elected to a position on the Board of Trustees for Francis Marion University from the 4th District, Seat #7 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees for South Carolina State University, 5th District, Seat #5.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. James W. Sanders of Gaffney, S.C. had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable James W. Sanders was elected to a position on the Board of Trustees for South Carolina State University, 5th District, Seat #5 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees for South Carolina State University, 6th District, Seat #6.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Maurice Washington of Charleston, S.C. and Mr. Jesse J. Williams, Jr. of Greeleyville, S.C. had been screened and found qualified to serve and placed their names in nomination.
On motion of Representative Phillips, the name of Mr. Jesse J. Williams, Jr. was withdrawn from consideration.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Maurice Washington was elected to a position on the Board of Trustees for South Carolina State University, 6th District, Seat #6 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees for South Carolina State University, At-Large District, Seat #8.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Neville Lorick of Columbia, S.C. had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Neville Lorick was elected to a position on the Board of Trustees for South Carolina State University, At-Large District, Seat #8 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees for South Carolina State University, At-Large District, Seat #10.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. William C. Clinkscales of Clemson, S.C. had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable William C. Clinkscales was elected to a position on the Board of Trustees for South Carolina State University, At-Large District, Seat #10 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect successors to four at-large positions on the Board of Trustees for the Wil Lou Gray Opportunity School.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mrs. Clotilda Diggs of Florence, S.C., Mr. Russell E. Hart of Roebuck, S.C., Mr. Dan Smith of Gaffney, S.C., Mrs. Elizabeth Thrailkill of Fort Lawn, S.C., Mrs. Donna Bagwell of Greenville, S.C. and Mr. Perry Johnson of Garden City, S.C. had been screened and found qualified to serve and placed their names in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Mrs. Diggs:
Alexander Anderson Bauer Branton Courson Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hutto Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Saleeby Setzler Smith, J. Verne Thomas Waldrep Wilson
The following named Senators voted for Mr. Hart:
Anderson Courson Drummond Ford Giese Glover Grooms Hawkins Hutto Land Leventis Matthews McConnell McGill Moore O'Dell Patterson Peeler Pinckney Rankin Reese Richardson Ritchie Ryberg Saleeby Setzler Verdin Waldrep Wilson
The following named Senators voted for Mr. Smith:
Alexander Bauer Branton Courson Drummond Elliott Fair Ford Giese Glover Grooms Hawkins Hayes Hutto Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Ravenel Reese Richardson Ritchie Ryberg Saleeby Setzler Thomas Waldrep Wilson
The following named Senators voted for Mrs. Thrailkill:
Alexander Anderson Bauer Branton Courson Drummond Elliott Fair Giese Glover Gregory Hayes Hutto Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Ravenel Reese Ryberg Saleeby Setzler Smith, J. Verne Thomas Verdin Waldrep Wilson
The following named Senators voted for Mrs. Bagwell:
Anderson Fair Gregory Hawkins Hayes Martin Smith, J. Verne Thomas Verdin
The following named Senators voted for Mr. Johnson:
Alexander Bauer Branton Elliott Ford Gregory Grooms Hawkins Hayes Leatherman Mescher Rankin Ravenel Richardson Ritchie Smith, J. Verne Verdin
On motion of Representative Phillips, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mrs. Diggs:
Allen Barfield Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Carnell Clyburn Coates Cobb-Hunter Coleman Cotty Davenport Delleney Emory Freeman Frye Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Huggins Jennings Kennedy Kirsh Knotts Koon Lee Littlejohn Lloyd Lourie Lucas Mack McCraw McGee McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Owens Parks Phillips Riser Scott Sharpe Sheheen Simrill Sinclair Smith, F.N. Smith, W.D. Snow Stuart Talley Weeks Whatley Whipper Wilder Witherspoon
The following named Representatives voted for Mr. Hart:
Allen Allison Altman Bales Barrett Battle Bingham Breeland Brown, J. Brown, R. Campsen Carnell Cato Chellis Coates Cobb-Hunter Coleman Cotty Dantzler Davenport Easterday Emory Fleming Freeman Frye Gilham Gourdine Harrell Harvin Hayes Hines, J. Hinson Huggins Jennings Kennedy Kirsh Knotts Koon Law Lee Limehouse Littlejohn Lourie Lucas McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Ott Parks Perry Phillips Quinn Rhoad Rice Robinson Rodgers Rutherford Sandifer Scarborough Scott Sharpe Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb Weeks Whatley White Wilder Wilkins Young, A. Young, J.
The following named Representatives voted for Mr. Smith:
Allen Allison Bales Battle Bingham Bowers Brown, G. Carnell Cobb-Hunter Coleman Cotty Dantzler Davenport Delleney Emory Fleming Freeman Frye Gourdine Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Huggins Jennings Kirsh Knotts Koon Law Leach Lee Littlejohn Loftis Lourie Lucas McCraw McLeod Merrill Miller Neal, J.M. Ott Phillips Rhoad Riser Sharpe Sheheen Simrill Sinclair Smith, F.N. Smith, J.R. Stille Stuart Talley Thompson Walker Webb Whatley Wilder
The following named Representatives voted for Mrs. Thrailkill:
Altman Bales Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Kennedy Kirsh Knotts Koon Law Leach Limehouse Lloyd Loftis Lourie Lucas Mack McCraw McGee McLeod Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Sheheen Smith, D.C. Smith, G.M. Smith, J.R. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Webb Weeks Whatley White Wilder Wilkins Witherspoon Young, J.
The following named Representatives voted for Mrs. Bagwell:
Allison Altman Barfield Barrett Bowers Campsen Cato Chellis Coates Dantzler Delleney Easterday Gilham Hamilton Harrell Harrison Harvin Kelley Klauber Leach Limehouse Loftis Meacham-Richardson Merrill Owens Perry Quinn Rice Robinson Rodgers Rutherford Sandifer Scarborough Simrill Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Taylor Townsend Tripp Trotter Vaughn Walker White Wilkins Witherspoon Young, A. Young, J.
The following named Representatives voted for Mr. Johnson:
Allison Altman Bales Barfield Barrett Brown, G. Brown, J. Campsen Cato Chellis Clyburn Coates Easterday Edge Fleming Gilham Hamilton Harrell Harrison Haskins Hinson Kelley Kennedy Klauber Law Leach Limehouse Littlejohn Loftis McGee Meacham-Richardson Merrill Owens Parks Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scarborough Sheheen Sinclair Smith, D.C. Smith, G.M. Snow Stille Taylor Thompson Tripp Trotter Vaughn Walker Webb Weeks White Wilkins Witherspoon Young, A. Young, J.
Total number of Senators voting 42
Total number of Representatives voting 109
Grand Total 151
Necessary to a choice 76
Of which Mrs. Diggs received 106
Of which Mr. Hart received 118
Of which Mr. Smith received 98
Of which Mrs. Thrailkill received 133
Of which Mrs. Bagwell received 58
Of which Mr. Johnson received 78
Whereupon, the PRESIDENT announced that the Honorable Clotilda Diggs, the Honorable Russell E. Hart, the Honorable Dan Smith and the Honorable Elizabeth Thrailkill were elected to the four positions on the Board of Trustees for the Wil Lou Gray Opportunity School, at-large positions for the terms prescribed by law.
Subsequent to the election to boards of trustees of certain colleges and universities, the PRESIDENT of the Senate announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
S. 501 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO FIX TUESDAY, AT 12:30 P.M. APRIL 17, 2001, IMMEDIATELY FOLLOWING THE ELECTION OF MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES TO ELECT SUCCESSORS TO THE MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERMS EXPIRE IN 2001, OR WHOSE POSITIONS MUST OTHERWISE BE FILLED.
The PRESIDENT announced that nominations were in order to elect successors to three positions on the Legislative Audit Council.
Representative Harrison indicated that Mr. Philip Laughridge of Columbia, S.C. and Mr. Henry Swink of Effingham, S.C. had been screened and found qualified to serve and their names were placed in nomination.
Representative Harrison moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the PRESIDENT announced that the Honorable Philip Laughridge of Columbia and the Honorable Henry Swink of Effingham were elected to two positions on the Legislative Audit Council for the terms prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
The Senate reassembled, at 1:44 P.M., and was called to order by the PRESIDENT.
S. 496 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33, SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET PROCEEDS RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE FOR SPECIFIED PURPOSES FOR THE PROCEEDS; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR UNDER CERTAIN CIRCUMSTANCES, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT PROVISION; TO ADD SECTION 2-15-63, SO AS TO PROVIDE THAT BEGINNING IN DECEMBER 2004, AND EVERY THREE YEARS THEREAFTER, THE LEGISLATIVE AUDIT COUNCIL MUST CONDUCT A MANAGEMENT PERFORMANCE AUDIT OF THE LOTTERY CORPORATION; TO AMEND SECTION 12-36-2120, RELATING TO THE EXEMPTIONS FROM THE SALES TAX, SO AS TO INCLUDE THE SALE OF A LOTTERY TICKET; AND TO AMEND SECTION 59-63-210, RELATING TO THE GROUNDS FOR WHICH A STUDENT MAY BE EXPELLED, SO AS TO PROVIDE THAT NO STUDENT UNDER EIGHTEEN YEARS OF AGE WHO UNLAWFULLY PURCHASES A LOTTERY TICKET MAY BE EXPELLED FOR THAT REASON ONLY.
The Senate resumed consideration of the Bill, the question being the adoption of Amendment No. 74A (GJK\20513MM01) proposed by Senators MARTIN, RYBERG and THOMAS.
Senator MARTIN spoke on the amendment.
On motion of Senator MARTIN, with unanimous consent, Amendment No. 74A was substituted with Amendment No. 74B.
Senators MARTIN, RYBERG and THOMAS proposed the following Amendment No. 74B (496R018.LAM), which was withdrawn:
Amend the bill, as and if amended, in Section 33-57-160(A)(17) of the 1976 Code, page 10, by adding immediately after the first sentence of item (17):
/ The advertising may not exceed one percent of the previous year's gross sales; provided that, during the initial year of operation of the lottery, advertising expenses may not exceed five million dollars. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
Senator MOORE spoke on the amendment.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Drummond Elliott Ford Glover Hutto Jackson Land Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Ravenel Reese Saleeby Setzler
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin Mescher Peeler Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
The PRESIDENT voted "No."
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator PASSAILAIGUE argued contra to the adoption of the amendment.
At 2:32 P.M., with Senator PASSAILAIGUE retaining the floor, on motion of Senator McCONNELL, the Senate receded from business not to exceed five minutes.
At 2:36 P.M., the Senate resumed.
Senator PASSAILAIGUE resumed speaking on the amendment.
On motion of Senator MOORE, with unanimous consent, Amendment No. 74B was withdrawn.
On motion of Senator MOORE, with unanimous consent, Amendment No. 74C was taken up for immediate consideration.
Senators MARTIN, RYBERG and THOMAS proposed the following Amendment No. 74C (496R019.LAM), which was adopted:
Amend the bill, as and if amended, in Section 33-57-160(A)(17) of the 1976 Code, page 10, by adding immediately after the first sentence of item (17):
/ The amount spent on advertising may not exceed 7.5 million dollars during the initial year of operation of the lottery. During the second year of operation of the lottery, the amount spent on advertising may not exceed one and a half percent of the previous year's gross sales. For the third and subsequent years of operation of the lottery, the amount spent on advertising may not exceed one percent of the previous year's gross sales. /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
Senator BRANTON proposed the following Amendment No. 81 (JUD0496.033), which was adopted:
Amend the bill, as and if amended, page 36, line 20, in Section 33-57-420(A)(1) as contained in SECTION 2, by adding after / members / the following:
/ , one of whom must be the Chairman of the House Education and Public Works Committee /
Amend the bill further, as and if amended, page 36, line 21, in Section 33-57-420(A)(1) as contained in SECTION 2, by adding after / members / the following:
/ , one of whom must be the Chairman of the Senate Education Committee /
Renumber sections to conform.
Amend title to conform.
Senator BRANTON explained the amendment.
Senator BRANTON moved that the amendment be adopted.
The amendment was adopted.
Senators RITCHIE and RICHARDSON proposed the following amendment (BBM\10159HTC01), which was withdrawn:
Amend the bill, as and if amended, page 29, by inserting after line 26:
/ Section 33-57-335. The right to broadcast on radio or television the results of lottery games and lottery winners is vested exclusively in the South Carolina Educational Television Commission. The commission may license other broadcast outlets to air the results of lottery games and lottery winners for fees generally prevailing in such commercial licensing arrangements. The commission may retain these licensing fees and use them to defray the expenses of its digital conversion program. /
Renumber sections to conform.
Amend title to conform.
On motion of Senator RICHARDSON, with unanimous consent, Amendment No. 5 was withdrawn. Consequently, the Point of Order raised by Senator PASSAILAIGUE on April 10, 2001, that the amendment was out of order inasmuch as it was violative of Article III, Section 15 of the S.C. Constitution, was moot.
Senators THOMAS and HAYES proposed the following Amendment No. 11D (IND EX 2 BDA.RWH), which was adopted:
Amend the bill, as and if amended, Section 33-57-140(N) as contained in SECTION 2, page 7, by striking lines 29 through 33 and inserting the following:
/ (N) A member of the board must not contribute to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office; to a political party, as defined in Section 8-13-1300(26); or to a committee, as defined in Section 8-13-1300(6). A member of the board who violates this section must be dismissed summarily. /.
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
Senators THOMAS and HAYES proposed the following Amendment No. 16B (IND EX BDA 3.RWH), which was adopted:
Amend the bill, as and if amended, Section 33-57-160(C) as contained in SECTION 2, page 11, by striking line 5 and inserting the following:
/ to, the prohibition of contributing to or making independent expenditures relative to the campaign of a candidate /.
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
Senators THOMAS and HAYES proposed the following Amendment No. 19D (IND EX 4 BDA.RXH), which was adopted:
Amend the bill, as and if amended, Section 33-57-190(D) as contained in SECTION 2, page 14, by striking lines 3 through 7 and inserting the following:
/ (D) The chief executive officer must not contribute to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office; to a political party, as defined in Section 8-13-1300(26); or to a committee, as defined in Section 8-13-1300(6). A chief executive officer who violates this section must be dismissed summarily. /.
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
Senators THOMAS and HAYES proposed the following Amendment No. 21C (IND EX 6 BDA.RWH), which was adopted:
Amend the bill, as and if amended, Section 33-57-230(F) as contained in SECTION 2, page 19, by striking lines 6 and 7 and inserting the following:
/ procurement contract with the corporation shall not contribute to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a /.
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
Senators THOMAS and HAYES proposed the following Amendment No. 22A (496THPRO), which was adopted:
Amend the bill, as and if amended, Section 33-57-230(E), page 17, line 31, by inserting after / Act. / a new sentence to read: / A violation of the act is subject to the provisions of Sections 11-35-4220 and 11-35-4230. /
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the amendment.
The amendment was adopted.
Senator THOMAS proposed the following Amendment No. 34B (GJK\20509SD01), which was adopted:
Amend the bill, as and if amended, in Section 33-57-440 of the 1976 Code, as contained in SECTION 2, page 40, by adding new items (3) and (4) to subsection (A):
/ (3) The corporation must establish a prize structure for each lottery game that is based upon sound actuarial principles and does not rely upon proceeds generated from future or other lottery games. The corporation may establish a lottery reserve fund to further accomplish this purpose.
(4) For the purpose of Section 33-57-320, the amount of withholding is based on the total prize value but the payment of withholding tax must be adjusted according to the payment schedule for the prize. /
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the amendment.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. 69B (JUD0496.022A), which was adopted:
Amend the bill, as and if amended, page 5, beginning on line 35, by striking Section 33-57-135 and inserting therein the following:
/ Section 33-57-135. (A) Notwithstanding the provisions of Sections 33-57-120, 33-57-130, 33-57-150, and 33-57-170, regarding the Administrative Procedures Act, the South Carolina Lottery Corporation has the authority to adopt temporary regulations to implement the provisions of this chapter, which must be consistent with the provisions of this chapter. These temporary regulations are not considered regulations as defined by the Administrative Procedures Act; however, these temporary regulations have the force and effect of law. The only lottery games that may be played pursuant to these temporary regulations are instant tickets and online lottery games. A multistate lottery game must not be played under these temporary regulations and may be implemented only when regulations have been promulgated and take effect pursuant to the Administrative Procedures Act. The corporation must submit regulations for the implementation of this chapter as required in Sections 33-57-120, 33-57-130, 33-57-150, and 33-57-170, to the General Assembly for review in accordance with the Administrative Procedures Act by January 15, 2002.
(B) For purposes of this section, 'temporary regulations' means regulations regarding the programs, policies, and procedures required to implement the provisions of this chapter.
(C) The temporary regulations authorized in this section are repealed on April 15, 2004, or on the effective date of regulations promulgated pursuant to the Administrative Procedures Act, whichever date occurs first. /
Amend the bill further, as and if amended, page 12, beginning on line 41, Section 33-57-170 as contained in SECTION 2, by striking subsection (A) and inserting therein the following:
/ (A) Except as authorized in Section 33-57-135, in accordance with the Administrative Procedures Act, the board must promulgate regulations relating to categories of lottery games and the conduct of those games. An emergency regulation may not be used to approve a category of a lottery game, except that a lottery game within a category may be modified by an emergency regulation. A lottery game may be suspended by a majority vote of the board. /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator JACKSON, with unanimous consent, Amendment No. 83A was taken up for immediate consideration.
Senators JACKSON and GREGORY proposed the following Amendment No. 83A (GJK\20521SD01), which was adopted:
Amend the bill, as and if amended, by adding immediately after Section 33-57-165:
/ Section 33-57-167. (A) Transit advertisements of lottery games or the sale of lottery tickets by the lottery corporation or a lottery vendor are prohibited, whether done directly or indirectly. This prohibition does not apply to lottery retailers.
(B) 'Transit advertisements' mean advertising on or within private or public vehicles used for transportation for hire and all advertisements placed at, on, or within any bus stop, taxi stand, transportation waiting area, train station, or airport. /
Renumber sections to conform.
Amend title to conform.
Senator JACKSON explained the amendment.
Senator JACKSON moved that the amendment be adopted.
Senator GREGORY spoke on the amendment.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. 78 (496C109MRH.GFM), which was adopted:
Amend the bill, as and if amended, SECTION 2, page 7, by striking lines 6 through 16 and inserting the following:
/ (D) The members shall serve terms of four years, except that all members' regular terms shall be co-terminus with their appointing official. The initial appointments shall be as follows:
(1) the Governor must appoint three members to serve initial two-year terms, and two members to serve regular terms. The chairman appointed by the Governor must serve an initial term of two years;
(2) the Speaker must appoint two members to serve regular terms; and
(3) the President Pro Tempore must appoint two members to serve regular terms. /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. 80 (DEREG,495), which was adopted:
Amend the bill, as and if amended, Section 33-57-460 (B), (3), (b), page 42, Line 36 by inserting after / programs / and inserting
/ , to include programs providing deregulation as requested by school districts with an overall absolute or improved designation of average or better /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
Senators THOMAS and HAYES proposed the following Amendment No. 23D (IND EX 10 BDA.RWH), which was adopted:
Amend the bill, as and if amended, Section 33-57-230(A) as contained in SECTION 2, page 17, line 10, by striking the word /each/ and inserting the word / the /.
Amend the bill further, as and if amended, Section 33-57-230(A)(7) as contained in SECTION 2, page 18, by striking lines 15 through 18 and inserting the following:
/ (7) contributions to or independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office, any political party as defined in Section 8-13-1300(26), or a committee as defined in Section 8-13-1300(6), for the twelve-month period before the application and up to the date of disqualification of the application or awarding of the contract, whichever occurs first; and /.
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the amendment.
The amendment was adopted.
Senators THOMAS and HAYES proposed the following Amendment No. 27A (GJK\20522SD01), which was adopted:
Amend the bill, as and if amended, page 44, line 35, by deleting / " /.
Amend further, page 44, after line 36, by inserting a new section to read:
/ Section 33-57-520. The State Ethics Commission and the Attorney General have standing to enforce a provision of this chapter." /
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the amendment.
The amendment was adopted.
Senator RITCHIE proposed the following Amendment No. 56A (496C005.MRH), which was adopted:
Amend the bill, as and if amended, Section 33-57-150, as contained in SECTION 2, page 8, beginning on line 37, by deleting item (4) and inserting:
/ (4) promulgate regulations relating to the categories of lottery games and conduct of lottery games pursuant to the Administrative Procedures Act and as specified in this chapter; and /.
Amend the bill further, as and if amended, Section 33-57-160(A)(3), as contained in SECTION 2, page 9, line 11, after /business/, by inserting / and promulgate regulations relating to the categories of lottery games and the conduct of the games, pursuant to the Administrative Procedures Act and this chapter /.
Amend the bill further, as and if amended, Section 33-57-160(A)(6), as contained in SECTION 2, page 9, line 19, by deleting /and policies and procedures adopted pursuant/ and inserting / relating to the categories of lottery games and the conduct of the games pursuant to the Administrative Procedures Act and /.
Amend the bill further, as and if amended, Section 33-57-160(A)(7), as contained in SECTION 2, page 9, line 23, after /games/, by inserting / , subject to the Administrative Procedures Act and this chapter /
Amend the bill further, as and if amended, Section 33-57-160(A)(19), as contained in SECTION 2, page 11, line 25, after /regulations/, by inserting / pursuant to the Administrative Procedures Act and this chapter /.
Amend the bill further, as and if amended, Section 33-57-190(A), as contained in SECTION 2, page 14, line 36, after /promulgated/, by inserting / pursuant to the Administrative Procedures Act and this chapter /.
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
The amendment was adopted.
Senators FAIR and HAWKINS proposed the following Amendment No. 86 (GJK\20523MM01), which was adopted:
Amend the bill, as and if amended, by deleting Section 33-57-320(H), page 31, line 1 and inserting:
/ (H) During the first year in which the lottery is operational, one million dollars from net proceeds must be remitted to the State Treasurer to be credited to an account, separate and distinct from the general fund, entitled 'Problem and Compulsive Gambling Fund'. The State Budget and Control Board, upon consulting with the Department of Mental Health, the Department of Alcohol and Other Drug Abuse Services, and the Board of the Lottery Corporation, shall contract with the Department of Alcohol and Other Drug Abuse Services or an established nonprofit public or private agency recognized as an affiliate of the National Council on Problem Gambling to receive monies from the fund for the prevention and treatment of compulsive gambling disorder and educational programs related to that disorder, including a gambling hotline, with five hundred thousand dollars of that amount to be used for prevention programs including, in part or in totality, mass media communications. Nothing in this section prevents the State Budget and Control Board from contracting with any combination of agencies which meet the criteria provided for in this section, including a combination that includes the Department of Alcohol and Other Drug Abuse Services. During the second and succeeding years of operation, one million two hundred fifty thousand dollars of unclaimed prize money must be credited to the fund for those purposes, with at least seven hundred fifty thousand dollars being used for prevention programs including, in part or in totality, mass media communications. Semi-annually the director of the selected agency shall report to the board on the programs implemented with these funds, including nonidentifying statistical information pertaining to persons served by these programs. The director of the agency also shall provide a copy of the report to the General Assembly promptly upon receipt of the semi-annual reports.
(I) Unclaimed prize money in excess of the amount to effectuate the purposes of this section, not to exceed ten million dollars annually, must be credited to the South Carolina Department of Education for the purchase of school buses for public education. Any funds remaining must be transferred to the Education Lottery Account. /
Renumber sections to conform.
Amend title to conform.
Senator FAIR explained the amendment.
The amendment was adopted.
Senator RITCHIE proposed the following Amendment No. 82A (JUD0496.034A), which was adopted:
Amend the bill, as and if amended, page 22, line 28, by adding the following:
/ Section 33-57-265. (A) Any person required to undergo a background investigation pursuant to this chapter must undergo both a state and national criminal history background investigation as a part of the required investigation. Any person required to undergo a background investigation may be required to supply fingerprints, along with other personal identifying information, for submission to the Federal Bureau of Investigation (FBI) through the State Law Enforcement Division (SLED). The corporation is authorized to use SLED and FBI criminal history records for the screening of persons required to undergo background investigations.
(B) This section applies to persons described in Section 33-57-140(B)(2), Section 33-57-200(E), Section 33-57-230(A), and Section 33-57-250(C).
(C) (1) In the case of an investigation of a person, as defined in Section 33-57-120(13), other than an individual, the required background investigations may be performed on any or all principals of the person, as determined by the corporation.
(2) For purposes of this section, 'principal' means:
(a) the directors and officers of an association;
(b) all partners of a partnership, limited partnership, or limited liability partnership;
(c) all members of a limited liability company, or if the company is a manager-managed company, all members and managers;
(d) for a corporation, its directors, officers, and stockholders with a ten percent or more direct or beneficial interest or any person or entity that receives more than ten percent of the net income; and
(e) an employee who has day-to-day operational management responsibilities for the business or entity.
(3)(a) If a corporation is a member of a controlled group of corporations, as defined in 26 U.S.C. 1563, or a member of an affiliated group of corporations, as defined in 26 U.S.C. 1504, and at least one member of the group of corporations is a publicly-held corporation, only the corporation which seeks the vendor or retailer contract pursuant to this chapter is considered a principal for purposes of this chapter, along with its directors, officers, and stockholders as described in subitem (2)(d).
(b) For purposes of subitem (a) of this item, 'publicly held corporation' means a corporation:
(i) whose shares are traded on a national exchange; and
(ii) whose total assets at the end of the corporation's most recent fiscal quarter exceeded one billion dollars.
(D) SLED must collect, retain, expend, and carry forward fees associated with conducting criminal history investigations to offset the cost of performing the investigations. In the case of vendors, the fee for the criminal background investigation must be included in the fee imposed pursuant to Section 33-57-230(A). In the case of retailers, the fee for the criminal background investigation is in addition to the uniform application fee imposed pursuant to Section 33-57-250(B)(3) and must be paid by retailer applicant at the time of application. /
Amend the bill further, as and if amended, page 22, after line 20, in Section 33-57-250 as contained in SECTION 2, by adding the following:
/ (C) An applicant must undergo a criminal background investigation performed in accordance with Section 33-57-265. /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senators BRANTON, SETZLER, MATTHEWS and PATTERSON proposed the following Amendment No. 85A (GJK\20525MM01), which was adopted:
Amend the bill, as and if amended, in Section 33-57-460(C)(2), as contained in SECTION 2, page 43, line 14, by inserting after / education / the words / with priority to annual grants earmarked for teachers working toward their masters' degree or advanced education in their areas of certification, or both /
Renumber sections to conform.
Amend title to conform.
Senator BRANTON explained the amendment.
Senator BRANTON moved that the amendment be adopted.
The amendment was adopted.
Senators HUTTO and PINCKNEY proposed the following Amendment No. 86A (JUD0496.200), which was tabled:
Amend the bill, as and if amended, page 12, in Section 33-57-165, as contained in SECTION 2, by striking /26 U.S.C. 501(c)(3)/ where it appears twice in the section and inserting therein / 26 U.S.C. 501(c) /.
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator RYBERG moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Courson Fair Giese Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Peeler Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
Anderson Drummond Elliott Ford Glover Holland Hutto Jackson Land Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Reese Saleeby Setzler
During the roll call vote, Senator RYBERG asked unanimous consent to make a motion to withdraw the motion for a roll call vote and request a voice vote on the measure.
Senator PINCKNEY objected.
The amendment was laid on the table.
Senators McCONNELL and MOORE proposed the following Amendment No. 87 (JUD0496.022B), which was adopted:
Amend the bill, as and if amended, page 5, beginning on line 35, by striking Section 33-57-135 and inserting therein the following:
/ Section 33-57-135. (A) Notwithstanding the provisions of Sections 33-57-120, 33-57-130, 33-57-150, and 33-57-170, regarding the Administrative Procedures Act, the South Carolina Lottery Corporation has the authority to adopt temporary regulations to implement the provisions of this chapter, which must be consistent with the provisions of this chapter. These temporary regulations are not considered regulations as defined by the Administrative Procedures Act; however, these temporary regulations have the force and effect of law. The only lottery games that may be played pursuant to these temporary regulations are instant tickets and online lottery games. A multistate lottery game must not be played under these temporary regulations and may be implemented only when regulations have been promulgated and take effect pursuant to the Administrative Procedures Act. The corporation must submit regulations for the implementation of this chapter as required in Sections 33-57-120, 33-57-130, 33-57-150, and 33-57-170, to the General Assembly for review in accordance with the Administrative Procedures Act by January 15, 2002.
(B) For purposes of this section, 'temporary regulations' means regulations regarding the programs, policies, and procedures required to implement the provisions of this chapter.
(C) The temporary regulations authorized in this section are repealed on July 15, 2004, or on the effective date of regulations promulgated pursuant to the Administrative Procedures Act, whichever date occurs first. If regulations promulgated pursuant to the Administrative Procedures Act have not taken effect by July 15, 2004, the corporation may promulgate the temporary regulations authorized by this section as emergency regulations pursuant to Section 1-23-130. For purposes of this section, the circumstances required for emergency regulations in Section 1-23-130(A) shall not apply, but all other provisions of Section 1-23-130 shall be applicable. /
Amend the bill further, as and if amended, page 12, beginning on line 41, Section 33-57-170 as contained in SECTION 2, by striking subsection (A) and inserting therein the following:
/ (A) Except as authorized in Section 33-57-135, in accordance with the Administrative Procedures Act, the board must promulgate regulations relating to categories of lottery games and the conduct of those games. An emergency regulation may not be used to approve a category of a lottery game, except as provided in Section 33-57-135 and except that a lottery game within a category may be modified by an emergency regulation. A lottery game may be suspended by a majority vote of the board. /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
The amendment extends raffles to cooperative telephone companies, benevolent life insurance companies, teacher retirement funds, agricultural organizations and organizations not organized for profit but operated exclusively for the promotion of social welfare which net proceeds are devoted to recreation and are qualified under 26 USCA Section 50l. This spreads raffles to these groups but leaves out other nonprofits that are not qualified. This type of legislation should be passed only after careful study by a legislative committee. Today, one group is trying to outdo the other and create a bad precedent. We voted against the original amendment last week because it was inartfully drawn and only went along with the earlier correcting amendment today to tie it down tighter. However, now the Senate is repeating its mistake of last week.
Senators BRANTON and BAUER proposed the following Amendment No. 88 (GJK\20526MM01, which was not adopted:
Amend the bill, as and if amended, in Section 33-57-200(A), as contained in SECTION 2, page 15, line 29, by inserting after / to, / the words / full forty-hour work week and /
Renumber sections to conform.
Amend title to conform.
Senator BRANTON explained the amendment.
The amendment was not adopted.
Senator JACKSON, GLOVER and FORD proposed the following Amendment No. 89 (JUD0496.035), which was not adopted:
Amend the bill, as and if amended, page 46, lines 3-5, in Section 33-57-480 as contained in SECTION 2, by striking subsection (D) and inserting therein following:
/ (D) A student receiving a LIFE or Palmetto Fellows Scholarship must not receive an SC HOPE Scholarship pursuant to this section. /
Renumber sections to conform.
Amend title to conform.
Senator JACKSON explained the amendment.
The amendment was not adopted.
Senator LEATHERMAN asked unanimous consent to make a motion that no further amendments, with the exception of technical, perfecting and conforming amendments, be accepted by the Desk.
There was no objection and the motion was adopted.
Senator RICHARDSON proposed the following Amendment No. 90 (496R019.SHR), which was tabled:
Amend the bill, as and if amended, beginning on page 12, by deleting Section 33-57-165 in its entirety.
Renumber sections to conform.
Amend title to conform.
Senator RICHARDSON explained the amendment.
Senator RYBERG moved to lay the amendment on the table.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator RYBERG argued contra to the adoption of the amendment.
At 5:55 P.M., Senator MARTIN assumed the Chair.
Senator RYBERG moved to lay the amendment on the table.
The amendment was laid on the table.
Senator HAWKINS desired to be recorded as voting against the motion to table the amendment.
Senator PINCKNEY proposed the following Amendment No. 91A (496R020.CCP), which was adopted:
Amend the bill, as and if amended, page 12, beginning on line 26, in Section 33-57-165, as contained in SECTION 2, by striking Section 33-57-165 in its entirety and inserting therein the following:
/ Section 33-57-165. (A) In addition to the powers and duties granted to the corporation elsewhere in this chapter, the corporation must issue permits to private organizations qualified pursuant to this subsection to conduct raffles intended to raise money for charitable purposes. In order to qualify pursuant to this subsection, the organization must be exempt from taxation under 26 U.S.C. 501(c)(3) or (c)(10) and must file with the corporation an application in writing on a form approved by the corporation containing a statement by an officer or director of the organization under oath setting forth:
(1) the name and address of the organization;
(2) a description of the organization;
(3) evidence of exemption under 26 U.S.C 501(c)(3) or (c)(10);
(4) that the organization has been located in this State for at least thirty days before the date of application;
(5) that the organization is not or will not be using a paid promoter to conduct or promote the raffle; and
(6) that the organization will use only paper tickets which will be drawn from a collective pool of tickets.
(B) All proceeds from a raffle after payment of prizes shall be expended only for tax exempt purposes of the sponsoring organization. No fee or expenses may be paid to a promoter to conduct or promote a raffle authorized pursuant to this section.
(C) A permit issued pursuant to this section must specifically prohibit the use of a machine or device prohibited by Sections 12-21-2710, 16-19-40, and 16-19-50. No raffle authorized pursuant to this section may use other than paper tickets drawn from a collective pool.
(D) Nothing in this section limits or otherwise affects Section 61-2-180. /
Renumber sections to conform.
Amend title to conform.
Senator PINCKNEY explained the amendment.
The amendment was adopted.
Senator RICHARDSON proposed the following Amendment No. 92 (JUD0496.202), which was adopted, but was subsequently reconsidered and withdrawn:
Amend the bill, as and if amended, page 44, beginning on line 26, in Section 33-57-480, as contained in SECTION 2, by striking /, or the granting of professional degrees/.
Renumber sections to conform.
Amend title to conform.
Senator RICHARDSON explained the amendment.
At 6:07 P.M., the PRESIDENT assumed the Chair.
Senator RICHARDSON continued explaining the amendment.
The amendment was adopted.
On motion of Senator GLOVER, with unanimous consent, Amendment No. 93 was taken up for immediate consideration.
Senators GLOVER, JACKSON and FORD proposed the following Amendment No. 93 (JUD0496.036), which was not adopted:
Amend the bill, as and if amended, page 45, lines 20, in Section 33-57-480 as contained in SECTION 2, by striking / two / and inserting therein following: / three /
Amend the bill further, as and if amended, page 46, lines 3-5, in Section 33-57-480 as contained in SECTION 2, by striking subsection (D) and inserting therein following:
/ (D) A student receiving a LIFE or Palmetto Fellows Scholarship may also receive a SC HOPE Scholarship pursuant to this section, up to a maximum of one thousand five hundred dollars. /
Renumber sections to conform.
Amend title to conform.
Senator GLOVER explained the amendment.
Senator MARTIN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Courson Fair Giese Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Peeler Richardson Ritchie Ryberg Thomas Verdin Wilson
Anderson Branton Drummond Elliott Ford Glover Holland Hutto Jackson Land Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Reese Saleeby Setzler Smith, J. Verne Waldrep
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was not adopted.
Having voted on the prevailing side, Senator MOORE asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 92, previously proposed by Senator RICHARDSON, was adopted.
There was no objection and the motion to reconsider was adopted.
The question then was the adoption of Amendment No. 92.
On motion of Senator RICHARDSON, with unanimous consent, Amendment No. 92 was withdrawn.
Having voted on the prevailing side, Senator RANKIN asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 93, previously proposed by Senators GLOVER, JACKSON and FORD, was not adopted.
Senator MARTIN moved to table the motion to reconsider.
On motion of Senator MARTIN, with unanimous consent, the motion to table was withdrawn.
Senator GLOVER spoke on the motion.
The motion to reconsider was adopted.
On motion of Senator GLOVER, Amendment No. 93 was withdrawn.
On motion of Senator GLOVER, with tnanimous consent, Amendment No. 93A was taken up for immediate consideration.
Senators GLOVER, JACKSON, FORD, PINCKNEY and ANDERSON proposed the following Amendment No. 93A (JUD0496.036A), which was adopted:
Amend the bill, as and if amended, page 45, lines 17-22, in Section 33-57-480 as contained in SECTION 2, by striking subsection (A) and inserting therein following:
/ (A)(1) SC HOPE Scholarships are hereby established and are provided by the State. These scholarships cover the cost of attendance, as defined by the Commission on Higher Education by regulation, up to a maximum of two thousand dollars per year, except as provided in item (2) of this subsection, to eligible resident students attending four-year public and independent institutions as defined in subsection (B).
(2) For an eligible resident student who does not also qualify for a LIFE Scholarship or a Palmetto Fellows Scholarship, during the first year of attendance only, these scholarships cover the cost of attendance, as defined by the Commission on Higher Education by regulation, up to a maximum of three thousand dollars per year. /
Renumber sections to conform.
Amend title to conform.
Senator GLOVER explained the amendment.
The amendment was adopted.
There being no further amendments, the question then was the third reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Courson Elliott Ford Giese Glover Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Pinckney Rankin Ravenel* Richardson Saleeby Setzler Short* Smith, J. Verne Waldrep Wilson
Drummond Fair Gregory* Grooms Hawkins Reese Ritchie Ryberg Verdin
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
Senator DRUMMOND spoke on the Bill.
Senator J. VERNE SMITH spoke on the Bill.
Many of you have reminded us that you voted against the lottery, but the voters have decided, so we are moving forward with an idea that we know is not going to cause our State to prosper. This is an exercise in frustration and forbearance for many of us.
You know, Providence (God) may allow prosperity to occur in spite of our ignorance and propensity to do wrong yet, our sacred writings and our Founding Fathers warn us that, if we remove morality from daily life, we do so at our individual peril and that we endanger the health and well being of our society.
With legalized gambling we are accommodating behavior that has proven to corrupt the morals of our citizens.
This is wrong. Spending the profits on worthwhile measures underscores the truth of the sagacious advice from a Founding Father from Greenville who said, "It is never right to do wrong, so give yourself an opportunity to do right."
This is wrong and I encourage you to vote "no" with me against the lottery.
We did not vote for the lottery in its final form. Although many positive enhancements were made to the original Bill, we felt there were still some safeguards missing. We felt that there were broad restrictions on the oversight and accountability until the role of the Administrative Procedures Act was greatly diminished.
My thoughts have been centered on Jack, my youngest son, as today is his second birthday. I just spoke with him on the telephone and all he could say in his sweet and excited little voice was, "DADDY, DADDY, DADDY." My conversation with my two-year-old reminded me that the work we do here, we do for the children of today and the children of tomorrow. As the games begin, our children will come to know a State different than the one I knew as I grew up. I voted "no" on this Lottery Bill because I believe it will harm our children and hinder their collective opportunities for a happy and successful life. This lottery will produce winners and losers. The question that only time will answer is, "Did Jack win today?"
At 6:55 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1B for the exclusive purpose of the introduction and referral of Bills, receipt of communications and committee reports and the reading and passage of local matters and uncontested matters which have previously received unanimous consent to be taken up.
Having received a favorable report from the Greenville County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Greenville County Magistrate, with term to commence upon confirmation and to expire April 30, 2002
Charles Ralph Garrett, 270 Pilot Road, Greenville, S.C. 29609 VICE James M. Looper
On motion of Senators HAYES and GREGORY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Bruce Updike of Tega Cay, S.C.
At 6:55 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M, under the provisions of Rule 1B.
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