Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Eternal God, since we do not know what this day will bring, make us totally and completely willing to serve the present, awake to the instant claim of Your will, not waiting until tomorrow. Consecrate our efforts to the way our feet should go that the humblest tasks may shine and the roughest places be made smooth. Lift us above fear and doubt by a simple and steadfast trust in our omnipotent God.
May the light of faith burn brightly within us, may the will of God ever glow within our hearts, and may our devotion to truth be the way we go.
In the Name of Jesus we make our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
February 3, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1079)
House of Representatives
Dear Mrs. McKinney:
Pursuant to Act 176 of 1977, I have received on February 3, 1989 regulations concerning Name of Board; Board; Certification of Physical/Chemical operators; examinations; well drillers; fees from the Environmental Certification Board.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
February 8, 1989
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the House," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Member, State Board of Pharmacy as an at-large member, with term to run conterminously with that of the Governor:
Leon Finklin, Jr., 8312 Spring Flower Road, Columbia, S.C. 29223 VICE Harold Hill (resigned)
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
On motion of Rep. JASKWHICH, with unanimous consent, the following was taken up for immediate consideration:
H. 3462 -- Rep. Sheheen: A CONCURRENT RESOLUTION INVITING GEORGE HERBERT WALKER BUSH, PRESIDENT OF THE UNITED STATES OF AMERICA, TO ADDRESS A JOINT ASSEMBLY OF THE GENERAL ASSEMBLY IN THE HOUSE CHAMBER AT 10:45 A.M. WEDNESDAY, FEBRUARY 15, 1989.
Be it resolved by the House of Representatives, the Senate concurring:
That George Herbert Walker Bush, President of the United States of America, is invited to address a joint assembly of the General Assembly in the House chamber at 10:45 A.M. Wednesday, February 15, 1989.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3463 -- Reps. Rhoad and Wilder: A CONCURRENT RESOLUTION RECOGNIZING MR. WOODY BINNICKER OF DENMARK, BAMBERG COUNTY, ON THE OCCASION OF THE ANNIVERSARY PARACHUTE JUMP COMMEMORATING HIS JANUARY, 1973 WORLD RECORD IN SPORT PARACHUTING.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3464 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF FORMER NEWBERRY COUNTY SHERIFF, L.L. "SLIM" HENDERSON, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3465 -- York Delegation: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. BAXTER HOOD OF YORK COUNTY, PRESIDENT OF YORK TECHNICAL COLLEGE, AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND HIS MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 359 -- Senators Long, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO USE A BALANCED APPROACH IN REDUCING THE FEDERAL BUDGET DEFICIT RATHER THAN IMPOSING AN INCREASE IN THE MOTOR FUEL TAX RATE AND TO INSURE THAT THESE EXISTING TAX REVENUES CONTINUE TO BE EARMARKED FOR THE HIGHWAY AND AVIATION TRUST FUNDS TO FULFILL AMERICA'S URGENTLY NEEDED HIGHWAY AND TRANSPORTATION NEEDS IN THE YEARS AHEAD.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3466 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-45-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO PROVIDE THAT IF THE PAYMENT DATES REQUIRED BY THIS SECTION FALL ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE DATES ARE EXTENDED TO THE END OF THE SECOND BUSINESS DAY IMMEDIATELY FOLLOWING WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.
Referred to Committee on Ways and Means.
H. 3467 -- Reps. Hallman, McElveen, Mappus, Rama, McLeod, Harvin and Huff: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-15 SO AS TO PROHIBIT EMPLOYEES OF STATE AGENCIES HAVING REGULATORY OR PERMITTING RESPONSIBILITIES OR RESPONSIBILITIES OF COLLECTING TAXES FROM BECOMING EMPLOYED FOR A PERIOD OF TWELVE MONTHS AFTER LEAVING THE AGENCY BY AN EMPLOYER IF THE EMPLOYEE PARTICIPATED PERSONALLY AND SUBSTANTIALLY IN CERTAIN DECISIONS AFFECTING THAT EMPLOYER, AND TO PROVIDE PENALTIES FOR VIOLATION INCLUDING A PROVISION THAT ANY LICENSE OR PERMIT ISSUED BY THE AGENCY WITHIN THE TWO-YEAR PERIOD IN WHICH THE PERSON SO CONVICTED PERSONALLY AND SUBSTANTIALLY PARTICIPATED IS NULL AND VOID.
Referred to Committee on Judiciary.
H. 3468 -- Reps. Lanford, Baker, Wells, Davenport, Neilson, Chamblee, J. Williams, Phillips, McCain, H. Brown, Fair and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3870 SO AS TO PROHIBIT THE RIDING OF SKATEBOARDS ON HIGHWAYS AND STREETS AND TO PROVIDE PENALTIES.
Referred to Committee on Education and Public Works.
H. 3469 -- Reps. Harwell, McElveen, Hallman, Keegan, Wilkes, Sheheen, Wilkins, G. Bailey, G. Brown, Blackwell, McEachin, Harvin, Fant, McKay, Carnell, Washington, Phillips, J. Rogers, Beasley, Baxley, Short, Lockemy, Neilson, Snow, Waites, Townsend, Winstead, Holt, Littlejohn, Gregory, R. Brown, Gordon, Vaughn, McAbee, Rama, Chamblee, Nesbitt, Clyborne, Glover, Wright, Quinn, Ferguson, Elliott, Altman, Mappus, Barber, Corning, Barfield, Lanford, Hayes and Corbett: A BILL TO AMEND SECTION 50-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF USING ARTIFICIAL LIGHTS FROM A VEHICLE OR WATER CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE, SO AS TO MAKE IT UNLAWFUL AT ANY TIME INSTEAD OF AFTER 11:00 P.M. AND TO PROHIBIT THE USE OF ANY TYPE OF ARTIFICIAL LIGHT TO OBSERVE OR HARASS WILDLIFE ON PRIVATE PROPERTY WITHOUT THE WRITTEN CONSENT OF THE OWNER.
Referred to Committee on Agriculture and Natural Resources.
H. 3470 -- Rep. Rudnick: A BILL TO PROVIDE THAT IF A PUBLIC UTILITY OPERATING IN THIS STATE DESIRES TO DISCONNECT THE ELECTRICITY, TELEPHONE, GAS, WATER, OR OTHER SERVICE PROVIDED A CUSTOMER WHILE THAT UTILITY HAS A PROPOSED RATE INCREASE IN EFFECT UNDER BOND, THE CUSTOMER MUST RECEIVE CERTAIN NOTIFICATION BEFORE THE UTILITY DISCONNECTS THE SERVICE, AND TO PROVIDE THAT UPON THIS DISCONNECTION AND UPON THE CUSTOMER'S REQUEST TO BE REINSTATED, NO RECONNECTION FEE MAY BE CHARGED BY THE UTILITY AS LONG AS IT HAS A PROPOSED RATE INCREASE IN EFFECT UNDER BOND.
Referred to Committee on Judiciary.
H. 3471 -- Reps. Keyserling, J. Harris and T. Rogers: A BILL TO AMEND TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING CHAPTER 6 SO AS TO CREATE THE ART IN STATE BUILDINGS PROGRAM WHICH PROVIDES FOR THE ACQUISITION OF WORKS OF ART FOR THE NEWLY CONSTRUCTED OR RENOVATED STATE-OWNED OR LEASED FACILITIES, TO PROVIDE FOR THE EXPENDITURE OF ONE-HALF OF ONE PERCENT OF THE AMOUNT APPROPRIATED FOR ANY STATE PUBLIC CONSTRUCTION OR RENOVATION PROJECT, WITH EXCEPTIONS, TO ALLOCATE FUNDS FOR THE PROGRAM, TO ESTABLISH A PROCEDURE FOR CHOOSING THE WORKS OF ART, PROVIDE FOR EXPENDITURES IN THE PROGRAM, AND ESTABLISH ARTISTS' RIGHTS IN CONNECTION WITH THE PROGRAM.
Referred to Committee on Ways and Means.
H. 3472 -- Judiciary Committee: A BILL TO AMEND SECTION 16-17-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESTRUCTION OF GRAVES, SO AS TO PROVIDE FOR FURTHER DESIGNATION OF THE DESTRUCTION OF GRAVES AND TO, AMONG OTHER THINGS, MAKE THE DESTRUCTION OR DESECRATION OF HUMAN REMAINS AN OFFENSE UNDER THIS SECTION AND DESIGNATE IT AS A FELONY AND REQUIRE MANDATORY IMPRISONMENT OF NOT LESS THAN ONE YEAR; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSE OF DESTRUCTION OR DESECRATION OF HUMAN REMAINS; AND TO REPEAL SECTION 16-17-590, RELATING TO MUTILATION OF MONUMENT OR TOMBSTONE.
Without reference.
H. 3473 -- Reps. Waites, Manly, Whipper, Farr, G. Bailey, M.O. Alexander, Wilkes, White, Harwell, Keyserling, Faber, Sturkie, Fant, Bennett, R. Brown, Taylor, Huff, D. Martin, Moss, Barber, Koon, Glover, T.C. Alexander, Keesley, J. Bailey, P. Harris, McBride, Holt, Washington, J. Harris, Gordon, Phillips, McGinnis, Hodges, Wilder, Chamblee, Cooper, J. Brown, Burch, Harvin, Foster, Rudnick, Nesbitt, Barfield, T. Rogers, J. Rogers and Hayes: A BILL TO ENACT THE "SOUTH CAROLINA PARTNERSHIP FOR CHILDREN ACT" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1247 SO AS TO ALLOW CERTAIN INCOME TAX CREDITS FOR EXPENDITURES MADE BY A TAXPAYER TO ESTABLISH AND TO OPERATE A CHILD CARE PROGRAM FOR THE BENEFIT OF HIS EMPLOYEES AND FOR CHILD CARE PAYMENTS MADE BY A TAXPAYER FOR THE BENEFIT OF HIS EMPLOYEES; TO AMEND SECTION 12-7-1230 RELATING TO THE CREDIT FOR HOUSEHOLD AND DEPENDENT CARE SERVICES NECESSARY FOR GAINFUL EMPLOYMENT, SO AS TO INCREASE THIS CREDIT; TO ADD SECTION 38-7-65 SO AS TO MAKE THE CREDITS AUTHORIZED BY SECTION 12-7-1247 AVAILABLE TO INSURERS AS A CREDIT AGAINST INSURANCE PREMIUM TAXES; TO ESTABLISH THE SOUTH CAROLINA PUBLIC/PRIVATE CHILD CARE COUNCIL AND PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND FUNCTIONS; AND TO PROVIDE THAT THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION SHALL ESTABLISH CHILD DEVELOPMENT SERVICES IN CERTAIN COUNTIES AND SHALL EXPAND EXISTING CHILD DEVELOPMENT SERVICES IN OTHER COUNTIES WITHIN THE LIMITS OF APPROPRIATIONS PROVIDED BY THE GENERAL ASSEMBLY AND IN ACCORDANCE WITH CERTAIN GUIDELINES; AND TO MAKE THE TAX CREDIT PROVISIONS OF SECTIONS 12-7-1247, 12-7-1230, AND 38-7-65 RETROACTIVE TO JANUARY 1, 1989.
Referred to Committee on Education and Public Works.
S. 307 -- Finance Committee: A BILL TO AMEND SECTION 12-37-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE FOR THE EXEMPTION TO BE GRANTED FOR THE SUCCEEDING TAX YEAR IF APPLICATION IS MADE AFTER JULY FIFTEENTH AND IF THE PERSON QUALIFIES UNDER THIS SECTION WHEN THE APPLICATION IS MADE.
Referred to Committee on Ways and Means.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Faber Fair Fant Farr Ferguson Foster Gentry Glover Gordon Gregory Hallman Harris, J. Harris, P. Harvin Harwell Haskins Hayes Hearn Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Kohn Lanford Limehouse Littlejohn Lockemy Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Snow Stoddard Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on February 9, 1989.
Paul Burch John Felder Larry Koon
LEAVE OF ABSENCE
The SPEAKER granted Rep. KLAPMAN a leave of absence for the day.
Announcement was made that Dr. Dan R. Richards of Rock Hill is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3072 -- Rep. Burch: A BILL TO AMEND SECTION 7-7-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHESTERFIELD COUNTY, SO AS TO COMBINE THE CENTER GROVE AND WINZO PRECINCTS INTO CENTER GROVE-WINZO AND THE DUDLEY AND MANGUM PRECINCTS INTO THE DUDLEY-MANGUM PRECINCT.
H. 3426 -- Rep. White: A BILL TO AMEND ACT 601 OF 1971, AS AMENDED, RELATING TO THE JASPER COUNTY BOARD OF EDUCATION, SO AS TO, AMONG OTHER THINGS, CHANGE THE DESIGNATION OF THE CHIEF ADMINISTRATIVE OFFICER TO SUPERINTENDENT OF EDUCATION.
H. 3433 -- Rep. Wright: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE IRMO FIRE DISTRICT IN LEXINGTON COUNTY, SO AS TO INCREASE THE AMOUNT OF MONEY WHICH MAY BE BORROWED, TO INCREASE THE TAX MILLAGE WHICH MAY BE LEVIED, AND TO PROVIDE THAT THE BOARD SHALL SELECT AND EMPLOY ALL FULL-TIME AND VOLUNTEER PERSONNEL.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 8.
H. 3052 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 TO CHAPTER 21, TITLE 12, SO AS TO PROVIDE FOR THE REGULATION OF THE GAME OF BINGO BY THE TAX COMMISSION, THE TERMS AND MANNER OF PLAYING THE GAME, EXCEPTIONS, CLASSES OF LICENSES FOR PLAYING THE GAME, A TAX ACCORDING TO THE CLASS OF LICENSE, WHO MAY CONDUCT THE GAME, THE HANDLING OF PROCEEDS, REPORTING OF RECEIPTS, BONDING REQUIREMENTS, A PROCEDURE FOR APPEAL OF REVOCATION OF THE LICENSE, INSPECTION AUTHORITY BY THE COMMISSION, DISPOSITION OF REVENUES FROM THE GAME, AND PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-54-90, RELATING TO REVOCATION OF A LICENSE BY THE COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO NOTIFY, BY CERTIFIED MAIL OR PERSONAL SERVICE, A PERSON WHOSE LICENSE IS REVOKED; AND TO REPEAL SECTIONS 12-21-2580 THROUGH 12-21-2630 AND CHAPTER 17 OF TITLE 52 RELATING TO THE REQUIREMENTS FOR SPONSORING BINGO GAMES, REQUIRING AN ANNUAL LICENSE AND AN ADMISSION TAX FOR THESE GAMES, PROVIDING FOR BONDING OF THE OPERATION OF THESE GAMES, AND FOR THE DISPOSITION OF THE REVENUE DERIVED FROM THE PROVISIONS OF SECTIONS 12-21-2590 AND 12-21-2600, AND THE DEFINITION OF THE TERMS AND MANNER OF PLAYING THE GAME OF BINGO AND THE DEFINITION OF WHICH ORGANIZATIONS MAY CONDUCT THE GAME.
Debate was resumed on Amendment No. 8, which was proposed on Wednesday, February 8, by Reps. BEASLEY, HUFF and HAYES.
Rep. McEACHIN moved to table the amendment.
Rep. BLACKWELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Barber Bennett Blanding Boan Brown, G. Brown, J. Brown, R. Burch Cole Corbett Elliott Faber Fant Ferguson Foster Glover Harris, J. Harris, P. Harvin Harwell Holt Johnson, J.W. Keesley Keyserling Kirsh Lanford Lockemy McAbee McBride McCain McEachin McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Snow Stoddard Taylor Tucker Waites Waldrop Washington Whipper White Wilkes Williams, D. Winstead
Those who voted in the negative are:
Alexander, M.O. Baker Barfield Baxley Beasley Blackwell Brown, H. Bruce Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Davenport Derrick Fair Farr Gentry Gordon Hallman Haskins Hayes Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.C. Kay Keegan Kohn Limehouse Littlejohn Manly Mappus Martin, L. Mattos McGinnis Rama Rhoad Townsend Vaughn Wells Wilder Wilkins Williams, J. Wofford
So, the amendment was tabled.
Reps. BEASLEY, HASKINS, FAIR, JASKWHICH, CLYBORNE, CHAMBLEE, WELLS, McGINNIS, VAUGHN and BLANDING objected to the Bill.
Rep. FANT moved to reconsider the vote whereby Amendment No. 8 on H. 3052 was tabled and the motion was noted.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3123 -- Rep. Baker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-2580 SO AS TO ALLOW THE USE OF SNARES FOR BEAVERS IN WATER-SETS.
The following Bill was taken up.
H. 3128 -- Rep. McEachin: A BILL TO AMEND CHAPTER 1, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH AND GAME, BY ADDING SECTION 50-1-25 SO AS TO PROVIDE FOR A BIRD DOG TRAINING SEASON FROM OCTOBER FIRST THROUGH THE DAY BEFORE THE OPENING OF QUAIL SEASON EACH YEAR, TO REQUIRE THAT NO GAME MAY BE TAKEN BY TRAINERS DURING THE TRAINING SEASON, AND TO REQUIRE BIRD DOG TRAINERS TO HAVE THE APPROPRIATE HUNTING LICENSES AND PERMITS.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, February 7, by Reps. FARR and PHILLIPS.
Rep. FARR explained the amendment.
The amendment was then adopted.
Rep. RHOAD explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that H. 3128 be read the third time tomorrow.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, February 14, which was adopted.
H. 3135 -- Reps. P. Harris, J. Harris and Carnell: A BILL TO AMEND SECTION 44-52-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976 RELATING TO EMERGENCY COMMITMENT TO ALCOHOL AND DRUG ABUSE FACILITIES, SO AS TO PROVIDE THAT THE COURT, UPON REQUEST, MAY ORDER A PETITIONER FOR THE EMERGENCY COMMITMENT, IF A FAMILY MEMBER, TO COOPERATE WITH AND PARTICIPATE IN THE TREATMENT PROCESS.
The following Bill was taken up.
H. 3101 -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-230 SO AS TO REQUIRE LICENSED HEALTH CARE PROVIDERS TO PROVIDE NOTIFICATION OF THEIR PROCEDURES FOR FILING CLAIMS, REQUIRE CERTAIN ORGANIZATIONS PROVIDING HEALTH CARE TO ACCEPT STANDARDIZED CLAIM FORMS, PROVIDE THAT A DEBTOR MUST BE NOTIFIED BY MAIL OF THE CREDITOR'S INTENTIONS OF SUBMITTING A DEBT TO A CREDIT BUREAU OR CREDIT REPORTING AGENCY, AND PROVIDE A PENALTY FOR VIOLATION.
Rep. CORNING moved to commit the Bill to the Committee on Labor, Commerce and Industry.
Rep. WHIPPER moved to table the motion, which wa agreed to by a division vote of 45 to 27.
Rep. WHIPPER proposed the following Amendment No. 1 (Doc. No. 1514U).
Amend the bill, as and if amended, in Section 38-71-230, as contained in SECTION 1, page 2, line 6, by striking /"/.
Amend further by striking SECTION 2, page 2, lines 8 through 15, and inserting:
/Section 38-71-240. Any provider of health care services must give twenty days prior notice before submitting a debt to a credit bureau or credit reporting agency or filing a lien against real or personal property, the debtor must be notified by mail of the creditor's intention. Failure to comply with this requirement is punishable by a fine of not less than one hundred dollars for each occurrences."/
Amend title to conform.
Rep. WHIPPER explained the amendment.
Rep. PHILLIPS objected to the Bill.
Rep. WHIPPER continued speaking.
Rep. BAKER spoke against the amendment.
Rep. BAKER moved to adjourn debate upon the Bill.
Rep. WHIPPER moved to table the motion.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 1.
Rep. HASKINS moved that the House recur to the morning hour.
Rep. KEYSERLING moved to table the motion, which was agreed to.
Rep. DERRICK moved that when the House adjourns it adjourn out of respect for Mrs. Jarvis Klapman, Rep. KLAPMAN'S wife, which was agreed to.
The Senate amendments to the following Concurrent Resolution were taken up for consideration.
H. 3150 -- Reps. McLellan and Boan: A CONCURRENT RESOLUTION REQUESTING THE STATE DEPARTMENT OF EDUCATION TO UNDERTAKE A COMPREHENSIVE STUDY OF SCHOOL BUILDING CONSTRUCTION AND RENOVATION NEEDS STATEWIDE AND TO REQUEST THAT THE DEPARTMENT PROMPTLY REPORT THE RESULTS OF THE STUDY TO THE RESPECTIVE CHAIRMEN OF THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE.
Rep. McLELLAN explained the Senate Amendments.
The Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.
H. 3124 -- Reps. Keyserling, Sheheen and Huff: A JOINT RESOLUTION TO AMEND ACT 202 OF 1981, AS AMENDED, RELATING TO THE SOUTH CAROLINA NUCLEAR WASTE CONSULTATION COMMITTEE, SO AS TO DELETE THE REQUIREMENT THAT THE GOVERNOR OR HIS DESIGNEE SERVE AS CHAIRMAN, AND TO PROVIDE FOR THE SELECTION OF THE CHAIRMAN BY THE COMMITTEE'S MEMBERS AND FOR AN ANNUAL TERM OF OFFICE.
The following Concurrent Resolution was taken up.
H. 3317 -- Reps. Beasley, R. Brown, Haskins, Huff, Farr, Littlejohn, Vaughn and McEachin: A CONCURRENT RESOLUTION TO PROCLAIM MARCH 16, 1989, AS "FREEDOM OF INFORMATION DAY" IN SOUTH CAROLINA AND TO ENCOURAGE THE PEOPLE OF THIS STATE TO EXERCISE THEIR RIGHTS OF FREE ACCESS TO INFORMATION AND TO USE THE RESOURCES AVAILABLE THROUGH THE LIBRARIES OF SOUTH CAROLINA.
Whereas, March 16 is the anniversary of the birth of James Madison, one of the Founding Fathers, who recognized and supported the need to guarantee individual rights through the Bill of Rights; and
Whereas, Madison said, "Knowledge will forever govern ignorance, and a people who mean to be their own governors must arm themselves with the power which knowledge gives"; and
Whereas, the power which knowledge gives is fostered by free access to information; and
Whereas, the libraries of South Carolina--public, school, college, university, and special libraries--are a vital source of information to all who use them; and
Whereas, the Congress and the President have proclaimed March 16, 1989, as "Freedom of Information Day" and have urged that the day be observed by the government and the people; and
Whereas, this observance will certainly and appropriately call attention to the unquestioned benefits of our state law guaranteeing open government--the Freedom of Information Act. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That March 16, 1989, is proclaimed "Freedom of Information Day" in South Carolina and that the people of this State be encouraged to exercise their rights to free access to information and to use the resources available through the libraries of South Carolina.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. GENTRY moved to dispense with the Motion Period.
As a first substitute Rep. RUDNICK moved to recall H. 3351 from the Medical, Military, Public and Municipal Affairs Committee.
As a second substitute Rep. BEASLEY moved to recur to the morning hour.
Rep. KIRSH moved to table the motion which was agreed to.
As a second substitute Rep. McEACHIN moved to recall H. 3310 from the Judiciary Committee.
Rep. FELDER moved to table the motion.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The motion to table was then agreed to by a division vote of 71 to 9.
As a second substitute Rep. HENDRICKS moved to dispense with the balance of the Motion Period.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The motion to dispense with the balance of the motion period was then agreed to.
Rep. McTEER moved to adjourn debate upon the following Bill until Tuesday, February 14, which was adopted.
H. 3054 -Reps. Kirsh, Huff, Nesbitt, Hayes, Foster, J.W. Johnson, Klapman, Mappus and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-434 SO AS TO CREATE THE CHILD'S EDUCATION SAVINGS ACT, TO DEFINE "CHILD'S EDUCATION SAVINGS ACCOUNT", TO ALLOW A DEDUCTION FROM TAXABLE INCOME FOR PURPOSES OF STATE INCOME TAXATION IN THE AMOUNT OF THREE THOUSAND DOLLARS WHICH MUST BE USED TO DEFRAY THE COST OF A CHILD'S COLLEGE EDUCATION, TO PROVIDE FOR THE EXPENDITURE OF MONIES FROM THIS ACCOUNT, AND TO PROVIDE PENALTIES FOR UNAUTHORIZED WITHDRAWALS; AND TO AMEND SECTION 12-7-435, AS AMENDED, RELATING TO ALLOWABLE DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME, SO AS TO AUTHORIZE AS A DEDUCTION CONTRIBUTIONS AND EARNINGS MADE PURSUANT TO THE CHILD'S EDUCATION SAVINGS ACT.
The following Bill was taken up.
H. 3052 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 TO CHAPTER 21, TITLE 12, SO AS TO PROVIDE FOR THE REGULATION OF THE GAME OF BINGO BY THE TAX COMMISSION, THE TERMS AND MANNER OF PLAYING THE GAME, EXCEPTIONS, CLASSES OF LICENSES FOR PLAYING THE GAME, A TAX ACCORDING TO THE CLASS OF LICENSE, WHO MAY CONDUCT THE GAME, THE HANDLING OF PROCEEDS, REPORTING OF RECEIPTS, BONDING REQUIREMENTS, A PROCEDURE FOR APPEAL OF REVOCATION OF THE LICENSE, INSPECTION AUTHORITY BY THE COMMISSION, DISPOSITION OF REVENUES FROM THE GAME, AND PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-54-90, RELATING TO REVOCATION OF A LICENSE BY THE COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO NOTIFY, BY CERTIFIED MAIL OR PERSONAL SERVICE, A PERSON WHOSE LICENSE IS REVOKED AND TO REPEAL SECTIONS 12-21-2580 THROUGH 12-21-2630 AND CHAPTER 17 OF TITLE 52 RELATING TO THE REQUIREMENTS FOR SPONSORING BINGO GAMES, REQUIRING AN ANNUAL LICENSE AND AN ADMISSION TAX FOR THESE GAMES, PROVIDING FOR BONDING OF THE OPERATION OF THESE GAMES, AND FOR THE DISPOSITION OF THE REVENUE DERIVED FROM THE PROVISIONS OF SECTIONS 12-21-2590 AND 12-21-2600, AND THE DEFINITION OF THE TERMS AND MANNER OF PLAYING THE GAME OF BINGO AND THE DEFINITION OF WHICH ORGANIZATIONS MAY CONDUCT THE GAME.
The motion of Rep. FANT to reconsider the vote whereby Amendment No. 8 was tabled was taken up.
Rep. McEACHIN moved to table the motion to reconsider.
Rep. BLACKWELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Barber Baxley Bennett Blanding Boan Brown, R. Burch Cole Corbett Elliott Faber Fant Farr Felder Foster Glover Harris, J. Harris, P. Harvin Harwell Johnson, J.W. Keesley Keyserling Kirsh Lanford Lockemy Martin, D. McBride McCain McEachin McLellan McLeod McTeer Moss Nesbitt Nettles Phillips Quinn Rogers, T. Rudnick Sharpe Short Simpson Taylor Tucker Waites Waldrop Washington Whipper White Wilkes Winstead
Those who voted in the negative are:
Alexander, M.O. Baker Barfield Beasley Blackwell Brown, H. Bruce Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Derrick Fair Ferguson Gentry Hallman Haskins Hayes Hearn Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Kay Keegan Koon Limehouse Littlejohn Manly Mappus Martin, L. Mattos McElveen McGinnis Rama Rhoad Sheheen Townsend Vaughn Wells Wilder Wilkins Williams, J. Wofford Wright
So, the motion to reconsider was tabled.
Rep. CARNELL proposed the following Amendment No. 9 (Doc. No. 1709U), which was tabled.
Amend the bill, as and if amended, in Section 12-21-3590(B), page 17, line 11, by inserting after /51./ /Of the monies received by each county under the provisions of this subsection, twenty percent must be used for recreation programs specifically designed for physically and mentally handicapped persons. If requested by 25 or more handicapped persons of that county./
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. SIMPSON moved to table the amendment, which was agreed to.
Reps. BEASLEY, HUFF, HASKINS and HAYES proposed the following Amendment No. 10 (Doc. No. 1664U), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 52 of the 1976 Code is amended by adding:
Section 52-18-10. As used in this chapter:
( 1) "Ball" means a ball, disk, square, or other object upon which is printed a letter and number which corresponds to the letter and number of a square on a bingo card.
( 2) "Cage" means a device, whether operated manually or by air blower, in which bingo balls are placed prior to commencement of the bingo game.
( 3) "Caller" means the house representative who is responsible for drawing bingo balls and announcing to the players the result of each drawing.
( 4) "Card" means a printed design on which there are arranged five horizontal rows and five vertical volumes forming twenty-five squares. Numbers are printed in twenty-four of the squares and the term "free", "free square", or "free space" is printed in the square or space located in the center of the card. The five columns are denominated from left to right by the respective letters of the word "B-I-N-G-O". Each square in the "B" column contains a number from one through fifteen inclusive; each square in the "I" column contains a number from sixteen through thirty inclusive. Each square in the "N" column contains a number from thirty-one through forty-five inclusive; except for the center space which is marked as free. Each square in the "G" column contains a number from forty-six through sixty inclusive; and each square in the "O" column contains a number from sixty-one through seventy-five inclusive. No number may appear twice on the same card.
( 5) "Drawing" means the indiscriminate selection of a single ball from the cage.
( 6) "Game" means the course of play from the calling of the first number that is allowed to be covered until a winner is declared for that particular set of numbers called.
( 7) "House" means the charitable, religious, or fraternal organization exempt from federal income taxation which conducts the bingo game.
( 8) "Marker" means the chip, disk, kernel of corn, or other object placed upon a square on a card to indicate that the number in the square has been drawn.
( 9) "Master board" means the receptacle used by the house to display balls which are drawn during the bingo game.
(10) "Player" means one who participates in a game of bingo other than as an agent or representative of the house.
(11) "Session" means any consecutive series of bingo games within a twenty-four-hour period.
Section 52-18-20. The game of bingo, when conducted by charitable, religious or fraternal organizations exempt from federal income taxation and which have been in continuous existence in the county of operation of the bingo game for at least one year or when conducted at recognized annual state and county fairs, is not a lottery when:
(1) the charitable, religious, or fraternal organization which conducts the game maintains a valid bingo certificate issued by the Secretary of State
(2) the charitable, religious or fraternal organization conducting the game has completed the application as described in Section 52-18-30;
(3) the recognized annual state or county fair which conducts the game has procured an annual bingo certificate from the Secretary of State which shall contain the names of the officers and locations of the fair, and must be based upon proof that the fair is recognized by the governing body of the county in which it is held or in the case of the state fair by the South Carolina Agricultural and Mechanical Society.
Section 52-18-30. A bingo certificate must be issued by the Secretary of State upon receipt of the following:
(1) a completed application and fee of one hundred dollars on a form to be provided by the Secretary of State. Each application and renewal application must contain the following information:
(a) the name and address of the applicant and if the applicant is a corporation, association, or other similar entity, the name and home address of each of the officers of the organization as well as the name and address of the directors or other persons similarly situated in the organization;
(b) the name and home address of each of the members of the special committee established to operate the bingo game;
(c) a copy of the application for recognition of exemptions and a determination letter from the Internal Revenue Service that indicates that the organization is an exempt organization due specifically to its status as a charitable, religious, or fraternal organization;
(d) the location at which the applicant will conduct the bingo games. If the premises are leased, a copy of the lease or rental agreement;
(e) a sworn statement by an officer of the applicant that the profits derived from the game of bingo must be used for charitable, religious, or fraternal purposes of the organization;
(f) the name and address of any individual, partnership, corporation, association, or other public or private organization with which the exempt organization has contracted to conduct bingo games on behalf of the bingo organization. If this entity is a partnership, corporation, association, or other public or private organization, the name and home address of each of the partners or officers of the organization as well as the name and address of the directors or other persons similarly situated in the organization must be provided.
Section 52-18-40. (A) An exempt organization must have a member of the organization familiar with the operation of bingo present on the premises at all times when bingo is being played. This member is responsible for the receiving, reporting, and depositing of all revenues received. The exempt organization may pay no more than one responsible member for conducting its bingo game. This pay must be on an hourly basis only for the time bingo is actually being played and may not exceed four times the existing minimum hourly wage in this State. The member paid under this provision must be a member in good standing of the exempt organization for at least one year and may not be the lessor of the property used for the bingo game or an employee or agent of the lessor. No other person who is a member of the exempt organization may be compensated for conducting a bingo game from funds derived from any activities occurring in or simultaneously with the playing of bingo, including funds derived from sessions. An exempt organization may contract with any individual, partnership, corporation, association, or any other public or private organization of any character for the purpose of conducting a bingo game.
(B) Except as provided in subsection (C), an exempt organization may hold a bingo game only in or on property owned, either legally or equitably and the buildings must be of a permanent nature with approved plumbing for bathrooms and not movable or of a temporary nature, or leased by the organization from the owner or bona fide property management agent. The total monthly rental of this property may not exceed the fair market value of similar properties in the area for a period of not less than one year and actually occupied and used by that organization on a regular basis for purposes other than bingo for at least six months before the game. All equipment used by the exempt organization conducting the bingo game must be owned by the organization. Unless the exempt organization leases the property in accordance with this subsection, an exempt organization may conduct a bingo game only on property that is exempt from property taxes under the laws of this State or which is not subject to property taxes under the laws of this State.
(C) An exempt organization desiring to conduct an annual or semi-annual bingo game may apply to the Secretary of State for a single occasion permit. The Secretary of State shall require the information specified for application for a regular license. The application must be made to the Secretary of State on prescribed forms at least sixty days prior to the scheduled date of the bingo game. Any licensed exempt organization may donate or loan its equipment or use of its premises to an exempt organization which has secured a single occasion permit provided such arrangement is disclosed in the single occasion permit application and is approved by the Secretary of State.
Section 52-18-50. (A) No licensee shall lease, rent, sell, lend, or exchange in any manner to any other person, persons, organization, corporation, or other entity its license to conduct bingo games issued as provided by law.
(B) No licensee shall employ or cause to be employed in the operation or conduct of the games of bingo any person or persons who have been convicted of a violation of any state or federal statute relating to gambling or gaming or any crime involving moral turpitude.
Section 52-18-60. The Tax Commission shall, upon proper showing, revoke the license of any licensee who conducts his bingo operation or games in violation of any provision of this chapter. Revocations of licenses for a first violation are for one calendar year and revocations for any subsequent violations are permanent.
Section 52-18-70. The organization of bingo games is the direct responsibility of, and controlled by, a special committee selected by the governing body of the exempt organization in the manner provided by the rules of the organization.
Section 52-18-80. The game of bingo must be played in the following manner:
(1) Bingo is played by more than one player and a caller who is associated with the house. Each player pays an amount certain for each card to be played during the course of a game. A player may play more than one card during the course of a game and may purchase the card for a specified number of games. After the player has purchased a card or cards for a specified number of games, the house cannot require or accept any additional payment or consideration by the player in order to complete the specified number of games.
(2) Before each game begins, the caller shall announce to the players a configuration or configurations that will win the game. A configuration consists of covering a number of grids in some geometrical design such as, but not limited to, a line, square, or the four corners of the card.
(3) At the beginning of each game, the caller also shall announce the prize that will be awarded to the winner. After the prize has been announced and the game has commenced, the prize may not be diminished or altered. The prize must be awarded to the winner of that game without delay. However, any prize which is accumulated or carried forward as the prize for winning a special game must be awarded to a winning player within twenty weeks of the date the prize is first offered. In the case of multiple winners, the prize must be equally divided among the winners. No more than two cumulative jackpots may be offered during a session. Jackpots must be totally disbursed within a twenty-session period. Cumulative jackpots may not exceed five hundred dollars.
(4) The caller shall draw numbers from the cage one at a time. As each number is selected, it is announced to the players. If a player has a card with the called number on it, he may use a marker to cover the square which contains the number. After the number is announced, it will be indicated on the masterboard by the caller.
(5) When a player covers sufficient squares on a card to achieve the winning configuration, he may indicate this fact to the caller. The caller must require that the player's card be checked against the masterboard in the presence of the other players to determine if the squares were covered accurately. If it is determined by the caller that the player has accurately covered the squares and achieved the preannounced configuration, the player is declared the winner. If it is determined that the player has not accurately covered the squares and achieved the preannounced configuration, play shall continue in that game.
Section 52-18-90. The number of sessions of bingo conducted or sponsored by an exempt organization must be limited to two sessions a week or any seven-day period and these sessions may not exceed a period of five hours for each session. No two sessions of bingo may be held within a forty-eight-hour period of time. No more than two sessions of bingo may be operated or conducted in any one building, hall, or structure during any one calendar week and if two sessions are held they must be held by the same exempt organization. However, a recognized annual, state, or county fair which has obtained the requisite certificate from the Secretary of State is exempt from this provision.
Section 52-18-100. In addition to the manner of play prescribed in Section 52-18-80, the following procedures apply to the conduct of the game:
( 1) Prior to the commencement of the first game, all seventy-five balls must be openly displayed on the masterboard for the inspection of the players.
( 2) Only one set of seventy-five balls and only one masterboard are allowed in the room or area during the play of the game.
( 3) Only one bet or payment is to be paid per card.
( 4) No bets or payments are to be made while a game is in progress, except the sale of cards for subsequent games.
( 5) Prior to the start of play, the caller shall announce to all players the prize to be awarded for that game.
( 6) The house is required to identify the games for which a card may be used before purchase of the card.
( 7) Prior to the start of play, the caller shall announce to all players the winning configuration of covered squares for that particular game.
( 8) The prize must be awarded to the first person who successfully achieves the winning configuration of covered squares.
( 9) Balls must be randomly selected by an indiscriminate process.
(10) Only one number may be called at a time.
(11) All balls drawn must remain on the masterboard until the conclusion of the game.
(12) (a) When an organization conducts a weekly game, all jackpot prizes are to be awarded within twenty weeks after the date they were first offered.
(b) For all other games conducted, and at all fairs, the offered prize is to be awarded to a player at the conclusion of each game.
(13) All cards used in a game shall sell for an equal value.
(14) The playing of bingo is restricted to the premises designated with the Secretary of State by the sponsor organization.
Section 52-18-110. The maximum prize in cash or merchandise that may be offered or paid for any one game of bingo is one thousand dollars. The maximum amount of prizes in cash or merchandise, or both, that may be paid to any one player at any one session is two thousand dollars. However, in a calendar week, the maximum amount of prizes in cash or merchandise, or both, that may be won by any one player in any one session is three thousand dollars.
Section 52-18-120. The playing of any game of bingo for a wager other than as provided for in the provisions of this chapter is considered a lottery subject to the provisions of Chapter 19 of Title 16.
Section 52-18-130. (A) Every person licensed to conduct the game of bingo in this State shall file with the Secretary of State and the South Carolina Tax Commission a notarized monthly report. The report shall be prepared on a form approved by the commission and shall include the following information for the time period involved:
(1) the number of bingo games conducted or sponsored by the exempt organization;
(2) the location and date at which each bingo game was conducted and the prize awarded;
(3) the gross receipts of each bingo game;
(4) the cost or amount of any prize given at each bingo game;
(5) the amount paid in prizes at each session;
(6) the names and addresses of winners of any prizes;
(7) the net return to the exempt organization;
(8) the disbursements from the separate account and the purpose of those disbursements including the date of each transaction and the name and address of each payee;
(9) the amounts paid as compensation to any individual, partnership, corporation, association, or other public or private organization of any character for conducting a bingo game for the exempt organization.
(B) All books, papers, records, and documents relevant to determining whether an organization has acted or is complying with this section must be open to inspection by local law enforcement agencies, the solicitor, the Secretary of State or their designees, or the South Carolina Tax Commission at reasonable times and during reasonable hours.
(C) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must have his license suspended for a period of at least two years.
(D) Any report filed under the provisions of this section is a public record.
Section 52-18-140. No person may have a financial interest in, be employed by, or in any way participate in the operation of any bingo game if that person has been convicted of any crime or offense defined and regulated under Title 16."
SECTION 2. Sections 12-21-2580 through 12-21-2600 of the 1976 Code are amended to read:
"Section 12-21-2580. For the purpose of Sections 12-21-2590 through 12-21-2620, the definitions as defined in Sections 52-17-10 et seq. Section 52-18-10 shall apply applies.
Section 12-21-2590. It is unlawful for any person or organization to conduct the game of bingo where prizes of cash or merchandise of value are awarded without first obtaining an annual license as provided in this section to conduct the games. This license is in addition to any other license required by law. No person or organization may be issued a license that does not meet the qualifications as set forth in Section 52-17-10 et seq. Chapter 18 of Title 52. No license may be issued unless the person or organization is in compliance with all county or municipal ordinances in regard to bingo. The license must be obtained from the South Carolina Tax Commission in accordance with the following schedule:
(1) Any person or organization operating a bingo game with prizes in excess of thirty thousand dollars a session must obtain an annual Class AA license at the cost of four thousand dollars a year. The holder of a Class AA license shall not conduct more than one bingo session a month and may not offer prizes in cash or other merchandise during any session which exceed two hundred fifty thousand dollars.
(2) Any person or organization operating a bingo game with prizes in excess of six thousand dollars a session but not greater than thirty thousand dollars a session must obtain an annual Class A license at the cost of two thousand five hundred dollars a year. The holder of a Class A license shall not conduct more than one bingo session a month and may not offer prizes in cash or other merchandise during any session which exceed thirty thousand dollars.
(3) Any person or organization operating a game of bingo, whose prizes do not exceed six thousand dollars a session and no more than one thousand dollars a session, may be offered in the form of a jackpot, and all regular games prizes do not exceed one hundred fifty dollars shall obtain an annual Class B license from the South Carolina Tax Commission at the cost of one thousand dollars a year. The holder of a Class B license is restricted to a maximum of three sessions a week.
(1) Any person or organization operating a bingo game with maximum prizes of more than those provided for a Class B license, and in compliance with the provisions of Section 52-18-110, must obtain a Class A license at a cost of five hundred dollars a year.
(4)(2) Any person or organization operating a game of bingo and who offers merchandise prizes or cash prizes of twenty dollars or less a game, and no more than three hundred dollars a session may be offered in the form of a jackpot, must obtain a Class C B license from the South Carolina Tax Commission at no cost.
(5)(3) Any person or organization desirous of conducting the game of bingo at a recognized state or county fair which offers a prize of no more than fifty dollars in merchandise must obtain a temporary Class B C license from the South Carolina Tax Commission at a cost of one hundred dollars for a period not in excess of ten days, or two hundred dollars for a period in excess of ten days.
(6) Any organization which has a game of bingo and operates exclusively by bona fide members who are residents of this State and who do so on a strictly volunteer unpaid basis and whose gross bingo proceeds do not exceed five thousand five hundred dollars a month, and where prizes do not exceed four thousand dollars a session and no more than one thousand dollars a session is offered in the form of a jackpot and all regular bingo prizes do not exceed one hundred dollars, shall obtain an annual Class E license from the South Carolina Tax Commission at the cost of five hundred dollars a year. The holder of a Class E license is restricted to a maximum of one session a week. If the gross bingo proceeds for any month do exceed five thousand five hundred dollars, the person or organization within ten days is required to obtain a Class B license from the South Carolina Tax Commission and thereafter must comply with all requirements of a Class B license.
In addition to the qualifications listed in Section 52-17-10 st seq., no license may be issued to any charitable, religious, or fraternal organization that has not been domiciled in South Carolina for at least three years. Any organization may apply for any of the types of licenses but cannot hold more than one license at any one time. Once issued, the organization must function under the regulations of that license for a period of not less than one year, except Class D licenses, from the date of issuance.
Section 12-21-2600. (A) The holder if a Class AA license is required to charge an admissions tax of eight dollars a bingo player a session.
(B) The holder of a Class A license is required to charge an admissions tax of four dollars a bingo player a session.
(C) The holder of a Class B license is required to charge an admissions tax of two dollars a bingo player a session.
The holder of a bingo license issued pursuant to the provisions of Section 12-21-2590 shall remit a bingo tax of four percent of gross proceeds.
The holder of Class AA, Class A, and Class B licenses the license shall issue to each bingo player a special ticket and these tickets must be approved by the South Carolina Tax Commission. The tickets must clearly state the amount of admissions tax paid. The holder of Class D and Class E licenses are subject to the admissions tax as imposed in Section 12-21-2420."
SECTION 3. Chapter 17, Title 52 and Sections 12-21-2610 and 12-21-2630 of the 1976 Code are repealed.
SECTION 4. This act takes effect July 1, 1989./
Amend title to conform.
Rep. McEACHIN raised the Point of Order that Amendment No. 10 was out of order as it was essentially the same as Amendment No. 8, which had previously been clinched, and also that no substantial changes had been made in Amendment No. 10 to make it significantly different from Amendment No. 8.
Rep. HUFF argued contra the Point.
Rep. BEASLEY argued contra the Point in stating that there was ample precedence in the House in terms of amendments that have been offered through the budgetary process and Amendment No. 10 did offer significant change from Amendment No. 8. He further stated that the essence of Amendment No. 10 incorporates the regulatory scheme and the essence was to do away with the big-time essences of Bingo and that goes to the dollar amount.
The SPEAKER overruled the Point of Order.
Rep. HENDRICKS spoke in favor of the amendment.
Rep. McEACHIN spoke against the amendment.
The SPEAKER granted Rep. G. BAILEY a leave of absence for the remainder of the day.
Rep. HUFF spoke in favor of the amendment.
Rep. KIRSH spoke against the amendment.
Rep. MAPPUS moved that the House do now adjourn.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Fair Hallman Hayes Hendricks Huff Kay Mappus Simpson Townsend
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Blackwell Boan Brown, G. Brown, H. Brown, R. Bruce Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Faber Fant Farr Felder Foster Gentry Glover Gregory Harris, J. Harris, P. Harvin Hearn Hodges Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Keyserling Kirsh Lanford Limehouse Littlejohn Manly Martin, L. Mattos McBride McEachin McElveen McGinnis McLellan McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Snow Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Williams, J. Wofford Wright
So, the House refused to adjourn.
Rep. BEASLEY spoke in favor of the amendment.
Rep. KIRSH moved to table the amendment.
Rep. BLACKWELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Barber Baxley Bennett Blanding Boan Brown, G. Brown, J. Burch Cole Corbett Elliott Fant Felder Foster Glover Gregory Harris, J. Harris, P. Harvin Harwell Holt Johnson, J.W. Keesley Keyserling Kirsh Lockemy Martin, D. McCain McEachin McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Rogers, J. Rogers, T. Rudnick Sharpe Short Simpson Snow Tucker Waites Waldrop Washington Whipper White Wilkes Winstead
Those who voted in the negative are:
Alexander, M.O. Baker Barfield Beasley Blackwell Brown, H. Bruce Burriss, M.D. Carnell Chamblee Clyborne Cooper Cork Davenport Derrick Fair Farr Ferguson Gentry Hallman Haskins Hayes Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.C. Kay Keegan Kohn Lanford Littlejohn Manly Mappus Martin, L. Mattos McElveen McGinnis Quinn Rama Rhoad Sheheen Townsend Vaughn Wells Wilder Wofford Wright
So, the amendment was tabled.
Rep. HASKINS moved to recommit the Bill to the Committee on Ways and Means.
Rep. KIRSH moved to table the motion to recommit, which was agreed to by a division vote of 60 to 42.
Rep. McEACHIN moved to reconsider the vote whereby Amendment No. 10 was tabled.
Rep. J.W. JOHNSON moved to table the motion.
Rep. HUFF moved that the House do now adjourn.
Rep. McEACHIN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
The question then recurred to the motion to table the motion to reconsider the vote whereby Amendment No. 10 was tabled.
Rep. McEACHIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, J. Bailey, K. Bennett Blanding Boan Brown, G. Brown, J. Burch Cole Corbett Elliott Faber Fant Felder Foster Gentry Glover Gregory Harris, J. Harris, P. Harvin Harwell Jaskwhich Johnson, J.W. Keesley Keyserling Kirsh Lanford Lockemy Martin, D. McBride McCain McEachin McElveen McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Rogers, J. Rudnick Sheheen Short Simpson Snow Tucker Waites Waldrop Washington Whipper White Wilkes Winstead
Those who voted in the negative are:
Alexander, M.O. Baker Barfield Baxley Beasley Blackwell Bruce Burriss, M.D. Carnell Chamblee Clyborne Cork Davenport Derrick Fair Farr Hallman Haskins Hayes Hearn Hendricks Huff Johnson, J.C. Kay Keegan Limehouse Littlejohn Manly Mappus Martin, L. Mattos McGinnis Quinn Rama Rhoad Townsend Vaughn Wells Wilder Wright
So, the motion to table was agreed to.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blanding Boan Brown, G. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Corbett Cork Corning Derrick Elliott Faber Fair Fant Farr Felder Ferguson Foster Gentry Glover Gregory Hallman Harris, J. Harris, P. Harvin Harwell Haskins Hayes Hearn Hendricks Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Kohn Lanford Limehouse Littlejohn Lockemy Manly Mappus Martin, D. Martin, L. Mattos McBride McCain McEachin McElveen McGinnis McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, T. Rudnick Sheheen Short Simpson Snow Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Williams, J. Winstead Wofford Wright
Those who voted in the negative are:
Blackwell Davenport
So, the Bill, as amended, was read the second time and ordered to third reading.
My "no" vote expresses my belief we ought not divert revenues from the general fund. Also, I think it is wrong for the State to sponsor Bigtime Bingo games.
Rep. DILL BLACKWELL
Rep. ELLIOTT moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 3474 -- Reps. Barfield, Elliott, Corbett, Keegan, Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Cork, Corning, Davenport, Derrick, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hearn, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keesley, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Lockemy, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A HOUSE RESOLUTION COMMENDING THE HONORABLE H.E. (PETE) PEARCE, JR., OF HORRY COUNTY, OUR GOOD FRIEND AND DISTINGUISHED FORMER COLLEAGUE, FOR HIS EXEMPLARY PUBLIC SERVICE, DEDICATION, AND LEADERSHIP DURING HIS TENURE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES.
The Resolution was adopted.
Rep. L. MARTIN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3462 -- Rep. Sheheen: A CONCURRENT RESOLUTION INVITING GEORGE HERBERT WALKER BUSH, PRESIDENT OF THE UNITED STATES OF AMERICA, TO ADDRESS A JOINT ASSEMBLY OF THE GENERAL ASSEMBLY IN THE HOUSE CHAMBER AT 10:45 A.M. WEDNESDAY, FEBRUARY 15, 1989.
H. 3463 -- Reps. Rhoad and Wilder: A CONCURRENT RESOLUTION RECOGNIZING MR. WOODY BINNICKER OF DENMARK, BAMBERG COUNTY, ON THE OCCASION OF THE ANNIVERSARY PARACHUTE JUMP COMMEMORATING HIS JANUARY, 1973 WORLD RECORD IN SPORT PARACHUTING.
H. 3464 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF FORMER NEWBERRY COUNTY SHERIFF, L.L. "SLIM" HENDERSON, UPON HIS DEATH.
H. 3465 -- York Delegation: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. BAXTER HOOD OF YORK COUNTY, PRESIDENT OF YORK TECHNICAL COLLEGE, AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND HIS MANY FRIENDS.
At 12:10 P.M. the House in accordance with the motion of Rep. DERRICK adjourned out of respect for Mrs. Jarvis Klapman, wife of Rep. JARVIS KLAPMAN to meet at 10:00 A.M. tomorrow.
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