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:
God of all wisdom Whose goodness never fails, enable us with the light of Your truths and the strength of Your might. Help us to fill swift moving hours with mighty deeds, to bear the fret of care, the sting of criticism, and the drudgery of unapplauded toil. With Your help, may we think clearly, act with understanding, and play well our part. Save us from compromise that crucifies principle, from shoddy workmanship which betrays the best. Send us to our waiting tasks, gratefully aware of our heritage worth living for and working for.
To You, Lord, we give our praise and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. MASON moved that when the House adjourns, it adjourn in memory of Robert E. Penland of Aiken, which was agreed to.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4459 (Word version) -- Reps. Koon, Knotts, Rice and Bauer: A BILL TO AMEND SECTION 23-45-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS FOR FIRE PROTECTION SPRINKLER SYSTEM DESIGN AND INSTALLATION, SO AS TO DELETE CERTAIN PROVISIONS REGARDING DESIGN AND INSTALLATION, PROVIDE THAT LAYOUT AND INSTALLATION OF FIRE PROTECTION SPRINKLER SYSTEMS MUST BE ACCORDING TO THE 1998 EDITION OF THE NATIONAL FIRE PROTECTION ASSOCIATION NATIONAL FIRE CODES AND THE 1994 STANDARD BUILDING CODE, AND PROVIDE THAT THESE CODES AND STANDARDS SHALL APPLY UNLESS THE AUTHORITY HAVING JURISDICTION HAS ADOPTED MORE RECENT VERSIONS; TO AMEND SECTION 23-45-147, RELATING TO THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, SHOP DRAWINGS OF SPRINKLER SYSTEMS, CONTENTS, SUBMISSION, AND CERTIFICATE OF COMPLIANCE, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT SHOP DRAWINGS MUST CONTAIN SUFFICIENT INFORMATION TO SHOW COMPLIANCE WITH THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS TO THE DEGREE REQUIRED BY THE REGULATIONS OF THE STATE FIRE MARSHAL, PROVIDE THAT SHOP DRAWINGS MUST BEAR THE LICENSE NUMBER OF THE FIRE SPRINKLER CONTRACTOR LICENSED IN SOUTH CAROLINA WHO PREPARED THEM, PROVIDE THAT SHOP DRAWINGS MUST BE SUBMITTED TO THE LOCAL AUTHORITY HAVING JURISDICTION, THE STATE FIRE MARSHAL'S OFFICE, OR THE ENGINEERING/REVIEW DEPARTMENT OF THE OWNER'S INSURANCE UNDERWRITER OR ITS DESIGNEE, AND PROVIDE THAT A CERTIFICATE OF COMPLIANCE CERTIFYING THAT THE FIRE PROTECTION SPRINKLER SYSTEM WAS INSTALLED IN ACCORDANCE WITH APPROVED SHOP DRAWINGS MUST BE DELIVERED TO THE OWNER OF THE BUILDING AND THE AUTHORITY HAVING JURISDICTION BEFORE A CERTIFICATE OF OCCUPANCY MAY BE ISSUED; AND TO REPEAL SECTION 23-45-145, RELATING TO THE "FIRE SPRINKLER SYSTEM SPECIFICATION SHEET".
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4377 (Word version) -- Reps. Haskins, Spearman, Kirsh, Wilkins, Bauer, Cato, Gamble, Leach, Sandifer, Young-Brickell, Riser and Moody-Lawrence: A BILL TO AMEND CHAPTER 75, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF LICENSED PROFESSIONAL COUNSELORS BY ADDING ARTICLE 3, SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF SPECIALISTS IN SCHOOL PSYCHOLOGY; TO AMEND SECTION 40-75-20, RELATING TO THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, SO AS TO ADD A SPECIALIST IN SCHOOL PSYCHOLOGY TO THE BOARD; TO REQUIRE PERSONS QUALIFIED TO PRACTICE SCHOOL PSYCHOLOGY ON THE EFFECTIVE DATE OF THIS ACT TO APPLY FOR LICENSURE BEFORE OCTOBER 1, 1998; AND TO DESIGNATE SECTIONS 40-75-10 THROUGH 40-75-190 AS ARTICLE 1 OF CHAPTER 75, TITLE 40, ENTITLED "PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS" AND TO RENAME CHAPTER 75, TITLE 40 "PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND SPECIALISTS IN SCHOOL PSYCHOLOGY".
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3820 (Word version) -- Reps. Beck, Edge, Mason, Carnell, Trotter, Sharpe, Cato, R. Smith, Clyburn, Limehouse, H. Brown, Harrison, Bailey and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-55 SO AS TO PROHIBIT PRACTICING PSYCHOLOGY WITHOUT A LICENSE; TO AMEND SECTION 40-55-50, RELATING TO ACTS CONSTITUTING PRACTICING AS A PSYCHOLOGIST SO AS TO FURTHER SPECIFY WHAT ACTS CONSTITUTE SUCH PRACTICE; TO AMEND SECTION 40-55-80, AS AMENDED, RELATING TO PSYCHOLOGY LICENSE AND APPLICATION REQUIREMENTS SO AS TO REMOVE THE PROVISIONS THAT A PERSON MAY HAVE A DOCTOR'S DEGREE IN AN ALLIED FIELD RATHER THAN IN PSYCHOLOGY AND THAT A LICENSE MAY BE AWARDED WITHOUT EXAMINATION; TO AMEND SECTION 40-55-90, RELATING TO EXEMPTIONS FROM PSYCHOLOGY LICENSURE SO AS TO FURTHER SPECIFY AND CLARIFY THESE EXEMPTIONS; AND TO AMEND SECTION 40-55-170, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF THE PSYCHOLOGY PRACTICE ACT SO AS TO CLARIFY THAT IT IS UNLAWFUL FOR A PERSON TO PRACTICE OR OFFER TO PRACTICE PSYCHOLOGY IN VIOLATION OF CHAPTER 55, TITLE 40, TO INCREASE PENALTIES, AND TO REQUIRE THE BOARD TO REFER POSSIBLE VIOLATIONS TO THE SOLICITOR.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4562 (Word version) -- Rep. Sharpe: A CONCURRENT RESOLUTION DESIGNATING FEBRUARY, 1998, AS "PREVENT A LITTER MONTH" AND TUESDAY, FEBRUARY 24, 1998, AS "SPAY DAY USA 1998" IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 946 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE ANTHONY G. JORDAN, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, FEBRUARY 25, 1998.
On motion of Rep. SHARPE, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
S. 946 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE ANTHONY G. JORDAN, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, FEBRUARY 25, 1998.
Be it resolved by the Senate, the House of Representatives concurring:
That the National Commander of the American Legion, the Honorable Anthony G. Jordan, is invited to address the General Assembly in Joint Session in the Hall of the House of Representatives at 12:00 noon on Wednesday, February 25, 1998.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Anthony G. Jordan.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following was introduced:
H. 4603 (Word version) -- Reps. J. Hines, Neilson and Baxley: A CONCURRENT RESOLUTION TO CONGRATULATE DR. MAMIE B. DUPREE OF SUMTER COUNTY, PRINCIPAL OF LAMAR ELEMENTARY SCHOOL, ON HER SELECTION AS A WOMAN OF ACHIEVEMENT FOR 1998 BY THE GOVERNOR'S OFFICE COMMISSION ON WOMEN IN APPRECIATION FOR HER EXEMPLARY SERVICE TO PUBLIC EDUCATION IN SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4604 (Word version) -- Reps. J. Hines and M. Hines: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MS. HERMENA SWINTON OF FLORENCE COUNTY AND TO HONOR HER ON THE OCCASION OF BEING SELECTED AS THE "1997 OUTSTANDING OLDER SOUTH CAROLINIAN" BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES OFFICE ON AGING.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 900 (Word version) -- Senators Hutto, Matthews and Washington: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME AND DESIGNATE THE OVERPASS AT U.S. HIGHWAY 301 AND INTERSTATE 95 IN ORANGEBURG COUNTY IN HONOR OF THE LATE FIRST SERGEANT FRANKIE LEE LINGARD AND TO ERECT APPROPRIATE MARKERS OR SIGNS.
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. 4605 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-47 SO AS TO REQUIRE A PERSON WHO INTENDS TO OFFER AS A WRITE-IN CANDIDATE FOR ANY OFFICE ELECTED POPULARLY TO REGISTER WITH THE AGENCY RESPONSIBLE FOR CONDUCTING THE ELECTION TWO WEEKS BEFORE THE ELECTION OF HIS INTENTION TO SEEK THE OFFICE AS A WRITE-IN CANDIDATE, PAY ANY APPLICABLE FILING FEE, NOTIFY ANY OTHER CANDIDATES OF HIS INTENTION TO SEEK THE OFFICE AS A WRITE-IN CANDIDATE, AND PROVIDE AN EXCEPTION.
Referred to Committee on Judiciary.
H. 4606 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1540 SO AS TO PROVIDE THAT ANY ADVERTISEMENT MATERIAL OR PUBLICATION ON BEHALF OF A CANDIDATE BY AN ORGANIZATION NOT MEETING THE DEFINITION OF "COMMITTEE" UNDER SECTION 8-13-1300(6) IS SUBJECT TO THE SAME REQUIREMENTS AS THE COMMITTEE AND PROVIDE THAT ACTUAL MALICE IS NOT PROVED IN A DEFAMATION ACTION BY A CANDIDATE AGAINST THIS ORGANIZATION FOR FALSE, ERRONEOUS, UNFOUNDED INFORMATION, OR ACCUSATIONS.
Referred to Committee on Judiciary.
H. 4607 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTIONS 59-139-5, 59-139-10, AND 59-139-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT, SO AS TO PROVIDE THAT CERTAIN CURRICULUM AND PROGRAMS IN REGARD TO CHILDREN IN PRESCHOOL THROUGH GRADE THREE SHALL BE "INDIVIDUALLY APPROPRIATE" RATHER THAN "DEVELOPMENTALLY APPROPRIATE".
Referred to Committee on Education and Public Works.
H. 4608 (Word version) -- Reps. Kirsh, Gamble and Law: A BILL TO AMEND SECTION 40-39-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAWNBROKERS, SO AS TO INCLUDE WITHIN THE DEFINITION OF "PLEDGED GOODS," A MOTOR VEHICLE CERTIFICATE OF TITLE, OTHER THAN A CERTIFICATE OF TITLE TO A MOBILE HOME; TO AMEND SECTION 40-39-110, AS AMENDED, RELATING TO VESTING OF TITLE TO PLEDGED PROPERTY, SO AS TO PROVIDE THAT IF A LOAN IN WHICH A MOTOR VEHICLE CERTIFICATE OF TITLE IS THE PLEDGED GOODS REMAINS UNPAID AFTER A PERIOD OF SIXTY DAYS FROM THE DUE DATE OR ANY RENEWAL OR EXTENSION OF IT, THE PAWNBROKER AND THE PLEDGOR HAVE THE SAME RIGHTS AS ACCORDED UNDER PART 5, CHAPTER 9, TITLE 36 OF THE UNIFORM COMMERCIAL CODE; AND BY ADDING SECTION 40-39-105, SO AS TO SET LIMITS ON THE INTEREST CHARGED ON A PAWN TRANSACTION WHEN A MOTOR VEHICLE CERTIFICATE OF TITLE IS THE PLEDGED GOODS.
Referred to Committee on Labor, Commerce and Industry.
H. 4609 (Word version) -- Reps. Kirsh, Gamble and Law: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS, BY ADDING CHAPTER 41 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF CHECK-CASHING SERVICES.
Referred to Committee on Labor, Commerce and Industry.
H. 4610 (Word version) -- Reps. Kirsh, Gamble and Law: A BILL TO AMEND SECTION 37-1-109, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHANGE OF DOLLAR AMOUNTS USED IN THE CONSUMER PROTECTION CODE, SO AS TO INCLUDE THE AMOUNT AT WHICH SUPERVISED LENDERS MUST LEND AT RESTRICTED LENDER RATES AS AN AMOUNT THAT MUST BE ADJUSTED IN ACCORDANCE WITH THIS SECTION; TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO LOAN FINANCE CHARGES FOR SUPERVISED LENDERS, SO AS TO INCREASE THE DOLLAR AMOUNT AT WHICH SUPERVISED LENDERS MUST LEND AT RESTRICTED LENDER RATES FROM SIX HUNDRED DOLLARS TO EIGHT HUNDRED DOLLARS; AND TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE MAXIMUM RATE SCHEDULE FILED AND POSTED BY CREDITORS, SO AS TO INCREASE THE DOLLAR AMOUNT FOR WHICH SUPERVISED LENDERS MAY NOT POST A RATE EXCEEDING THE MAXIMUM CHARGES FOR RESTRICTED LENDERS FROM SIX HUNDRED DOLLARS TO EIGHT HUNDRED DOLLARS.
Referred to Committee on Labor, Commerce and Industry.
H. 4611 (Word version) -- Rep. Beck: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-7-1000 SO AS TO PROVIDE THE CONDITIONS UNDER WHICH A MUNICIPALITY MAY POOL ITS PRECINCTS FOR MUNICIPAL ELECTIONS.
Referred to Committee on Judiciary.
H. 4614 (Word version) -- Reps. Walker, Littlejohn, Allison, Davenport, Lee, Townsend, McCraw, D. Smith, Hawkins and Cato: A BILL TO AMEND SECTION 11-27-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASE-PURCHASE OR FINANCING AGREEMENTS BEING SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS, SO AS TO FURTHER PROVIDE FOR THOSE FINANCING AGREEMENTS OR CONTRACTS WHICH ARE NOT CONSIDERED A LEASE-PURCHASE OR FINANCING AGREEMENT SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS.
Referred to Committee on Labor, Commerce and Industry.
S. 621 (Word version) -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-117 SO AS TO PROVIDE THAT A MOTOR VEHICLE OVER THIRTY YEARS OLD MAY BEAR A SOUTH CAROLINA LICENSE PLATE OF THE MODEL YEAR OF THE VEHICLE UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Education and Public Works.
S. 862 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 16-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIME CLASSIFICATION, SO AS TO PROVIDE THAT ALL OFFENSES CLASSIFIED AS EXEMPT WITH MAXIMUM PENALTIES OF IMPRISONMENT OF FIVE YEARS OR MORE ARE FELONIES; TO AMEND SECTION 16-3-26, RELATING TO THE DEATH PENALTY, SO AS TO REQUIRE NOTICE OF A SOLICITOR'S INTENTION TO SEEK THE DEATH PENALTY TO BE IN WRITING; TO AMEND SECTION 16-3-660, RELATING TO DEPOSITION TESTIMONY, SO AS TO ALLOW A JUDGE TO ORDER VIDEO DEPOSITION OF A RAPE VICTIM WHEN THE PERSON IS A WITNESS IN THE TRIAL; TO AMEND SECTION 16-3-1240, RELATING TO THE VICTIM'S COMPENSATION PROGRAM, SO AS TO AUTHORIZE THE DISCLOSURE OF INFORMATION REGARDING A PARTICULAR APPLICANT FOR VICTIM COMPENSATION BY COURT ORDER UPON A SHOWING OF GOOD CAUSE; TO AMEND SECTION 16-11-310, RELATING TO OFFENSES AGAINST PROPERTY, SO AS TO NARROW THE DEFINITION OF "BUILDING"; TO AMEND SECTION 16-11-617, RELATING TO THE OFFENSE OF ENTERING ANOTHER'S PROPERTY FOR THE PURPOSE OF CULTIVATING MARIJUANA, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED WILFULLY; TO AMEND SECTION 16-11-650, RELATING TO THE OFFENSE OF REMOVING A FENCE, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED INTENTIONALLY; TO AMEND SECTION 16-13-60, RELATING TO THE OFFENSE OF STEALING DOGS, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED WITH THE INTENT TO PERMANENTLY DEPRIVE THE OWNER THEREOF; TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO THE CRIME OF DOMESTIC VIOLENCE, SO AS TO DELETE THE TERM "FAMILY VIOLENCE"; TO AMEND SECTION 17-4-20, RELATING TO THE COMMISSION OF APPELLATE DEFENSE, SO AS TO REPLACE THE MEMBERSHIP SEAT ALLOCATED TO THE SOUTH CAROLINA TRIAL LAWYERS ASSOCIATION WITH ONE ALLOCATED TO THE SOUTH CAROLINA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS; TO AMEND SECTION 17-13-141, RELATING TO RECORDS KEPT BY JUDICIAL OFFICERS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE FORMS; TO AMEND SECTION 17-13-160, RELATING TO FORMS OF ARREST AND SEARCH WARRANTS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE FORMS; TO AMEND SECTION 17-15-40, RELATING TO BAIL AND RECOGNIZANCE FORMS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE THE FORMS; TO AMEND SECTION 17-19-80, RELATING TO INDICTMENTS, SO AS TO REQUIRE THAT A PERSON INDICTED OF A CAPITAL OFFENSE BE GIVEN A COPY OF THE INDICTMENT THIRTY DAYS BEFORE TRIAL; TO AMEND SECTION 17-21-80, RELATING TO CHANGE OF VENUE, SO AS TO AUTHORIZE A JUDGE TO CHANGE THE VENUE IN A CRIMINAL CASE TO ANOTHER COUNTY; TO AMEND SECTION 23-3-480, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE THAT A SEX OFFENDER MAY NOT BE PENALIZED FOR FAILING TO REGISTER IF HE WAS CONVICTED OF A SPECIFIC OFFENSE PRIOR TO JULY 1, 1994; TO AMEND SECTION 56-1-1380, RELATING TO A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT A RESIDENT OF THIS STATE WHO IS CONVICTED OF A TRAFFIC OFFENSE IN ANOTHER STATE MAY APPLY FOR A PROVISIONAL LICENSE IF HIS DRIVER'S LICENSE IS SUSPENDED AS A RESULT OF THE CONVICTION; AND TO REPEAL SECTIONS 16-3-410, 16-3-420, 16-3-430, 16-3-440, 16-3-450, 16-3-460, 16-3-720, 16-11-720, 17-13-70, 17-13-100, AND 17-13-110.
Referred to Committee on Judiciary.
S. 876 (Word version) -- Senators Drummond and Alexander: A BILL TO AMEND SECTION 11-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF THE COMPTROLLER GENERAL TO THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY TAXES COLLECTED, SO AS TO DELETE OBSOLETE LANGUAGE AND REFER TO ALL TAXING ENTITIES; TO AMEND SECTIONS 12-39-140, 12-39-310, AND 12-45-300, RELATING TO THE DUTIES OF COUNTY AUDITORS, SO AS TO DELETE OBSOLETE REQUIREMENTS AND MODERNIZE REPORTING REQUIREMENTS TO THE COMPTROLLER GENERAL; AND TO REPEAL SECTIONS 11-3-190, 12-39-290, AND 12-45-340, RELATING TO OBSOLETE REPORTING AND RECORDKEEPING REQUIREMENTS.
Referred to Committee on Ways and Means.
S. 915 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-55 SO AS TO REQUIRE THE CODE COMMISSIONER TO ANNOTATE IN THE SOUTH CAROLINA CODE OF LAWS ALL UNPUBLISHED FEDERAL OPINIONS DECIDED IN THE DISTRICT HAVING AN EFFECT ON THE INTERPRETATION OR INVALIDATIONS OF SOUTH CAROLINA STATUTES WHICH HAVE BEEN SENT TO HIM BY THE CHIEF FEDERAL DISTRICT JUDGE.
Referred to Committee on Judiciary.
The following was introduced:
H. 4612 (Word version) -- Reps. Young, Woodrum and Harvin: A CONCURRENT RESOLUTION RECOGNIZING AND SALUTING HARRY T. HARVIN, D.D.S., OF SUMTER COUNTY FOR HIS OUTSTANDING CAREER OF SERVICE AND EXTENDING BEST WISHES TO HIM UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. COOPER, with unanimous consent, the following was taken up for immediate consideration:
H. 4613 (Word version) -- Reps. Cooper, Haskins and Lee: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 18, 1998, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM EXPIRED ON MAY 10, 1997.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, February 18, 1998, at 12:00 noon to elect a successor to the Honorable Dill Blackwell, Chairman of the Legislative Audit Council, whose term expired on May 10, 1997.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Edge Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, February 11.
Bill Cotty Timothy C. Wilkes James L.M. Cromer, Jr. John G. Felder Jennings G. McAbee Harry R. Askins Ronald P. Townsend
The SPEAKER granted Rep. McABEE a temporary leave of absence.
Announcement was made that Dr. C. Tucker Weston of Columbia is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
BILL NUMBER: H. 4419 (Word version)
DATE ADD
2/11/98 Glenn Lewis Hamilton
BILL NUMBER: H. 4420 (Word version)
DATE ADD
2/11/98 Glenn Lewis Hamilton
BILL NUMBER: H. 4421 (Word version)
DATE ADD
2/11/98 Glenn Lewis Hamilton
BILL NUMBER: H. 4422 (Word version)
DATE ADD
2/11/98 Glenn Lewis Hamilton
BILL NUMBER: H. 4558 (Word version)
DATE ADD
2/11/98 Merita A. Allison
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4591 (Word version) -- Reps. Spearman, McAbee and Clyburn: A BILL TO AMEND ACT 1139 OF 1968, RELATING TO THE SCHOOL BOARD OF TRUSTEES IN SALUDA COUNTY, SO AS TO DELETE A PROVISION WHICH REQUIRES THE SCHOOL BUDGET AND TAX LEVY TO BE SUBJECT TO THE APPROVAL OF A MAJORITY OF THE COUNTY COMMISSIONERS RESIDING IN SCHOOL DISTRICT NO. 1. H. 4364 (Word version) -- Reps. Cato, Knotts, Littlejohn, Mason, Stille, Vaughn and Hinson: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO DELETE KIDNEY DISEASE TREATMENT CENTERS AND HEMODIALYSIS CENTERS FROM THE DEFINITION OF "HEALTH CARE FACILITY", AND TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, SO AS TO EXEMPT KIDNEY DISEASE TREATMENT CENTERS.
H. 4423 (Word version) -- Reps. Harrell, Wilkins, Haskins, Allison, Altman, Barfield, Barrett, Bauer, Beck, Boan, Bowers, H. Brown, J. Brown, Byrd, Campsen, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Hamilton, A. Harris, Harrison, Hawkins, Hinson, Jennings, Jordan, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Littlejohn, Loftis, Martin, Mason, McAbee, McGee, Quinn, McKay, McMaster, Meacham, Moody-Lawrence, Mullen, Neilson, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, D. Smith, R. Smith, Spearman, Stille, Stuart, Townsend, Tripp, Vaughn, Walker, Webb, Young, Young-Brickell, Kinon and Woodrum: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY SINE DIE ADJOURNMENT DATE OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE SINE DIE ADJOURNMENT DATE IS SHORTENED BY ONE STATEWIDE LEGISLATIVE DAY FOR EACH STATEWIDE DAY BEFORE MARCH THIRTY-FIRST THAT THE ANNUAL GENERAL APPROPRIATIONS ACT IS GIVEN THIRD READING BY THE HOUSE OF REPRESENTATIVES.
H. 4467 (Word version) -- Rep. Klauber: A BILL TO AMEND SECTION 35-1-1590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING THE UNIFORM SECURITIES ACT, SO AS TO CREATE CERTAIN FELONY OFFENSES AND PENALTIES AND REVISE THE PENALTY FOR THE EXISTING MISDEMEANOR OFFENSE.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 89 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 20-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION OF AN ORDER OF PROTECTION, SO AS TO PROVIDE THAT AN ORDER OF PROTECTION BE ISSUED FOR A MINIMUM PERIOD OF SIX MONTHS.
Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, February 12, which was adopted.
H. 4355 (Word version) -- Reps. Fleming, Haskins, Leach, Meacham, Sandifer and Walker: A BILL TO AMEND SECTION 61-6-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROXIMITY REQUIREMENTS FOR ESTABLISHMENTS AND PLACES OF BUSINESS WITH LIQUOR LICENSES, SO AS TO EXTEND THESE REQUIREMENTS TO CHILD DAYCARE FACILITIES AND TO DEFINE "CHILD DAYCARE FACILITIES".
Rep. KIRSH moved to adjourn debate upon the following Bill until Tuesday, February 24, which was adopted.
H. 3013 (Word version) -- Reps. Kirsh, Meacham, Lloyd and Beck: A BILL TO AMEND SECTION 40-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL RENEWAL OF COSMETOLOGISTS LICENSES AND THE REQUIREMENT THAT APPLICANTS COMPLETE CERTAIN CONTINUING EDUCATION, SO AS TO EXEMPT A PERSON WHO HAS HELD A LICENSE FOR AT LEAST FIFTEEN CONSECUTIVE YEARS AND IS SIXTY YEARS OF AGE OR OLDER FROM TAKING THE CONTINUING EDUCATION COURSES.
The following Bill was taken up. H. 3842 (Word version) -- Reps. Wilkins, J. Smith, Baxley, McMaster, Beck, Hawkins, Delleney, Cromer, Davenport, Young-Brickell, Keegan, Allison, Fleming, Barfield, Jennings, Kelley, Loftis, Hamilton, Sharpe, Limbaugh, Mason, Sandifer, Meacham, McCraw, Hinson, Harrison, Knotts, Harrell, Simrill, Haskins, Cooper, Cato, Walker, Woodrum, Rodgers, Easterday, Klauber, Chellis, Mullen, Littlejohn, Stuart, Whatley, Trotter, Barrett, Hodges, Riser and Leach: A BILL TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES BY ADDING CHAPTER 2, SO AS TO PROVIDE ADVISORY SENTENCING GUIDELINES; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 16-3-654, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO PROVIDE PENALTY PROVISIONS AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 16-3-1075, RELATING TO FELONY CARJACKING, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-11-110, AS AMENDED, RELATING TO ARSON, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-15-140, AS AMENDED, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON A CHILD, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS, AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE", AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME ANY PRISONER CAN EARN OFF HIS SENTENCE FOR GOOD BEHAVIOR TO THREE DAYS A MONTH, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME ANY PRISONER CAN EARN OFF HIS SENTENCE FOR PARTICIPATING IN AN EDUCATION PROGRAM TO SIX DAYS A MONTH, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-430, RELATING TO RIOTING OR INCITING TO RIOT, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTIONS 24-13-710 AND 24-13-720, BOTH AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR ANY CRIME AND TO PROVIDE THAT CERTAIN OFFENDERS MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-21-560, RELATING TO PRISONERS WHO MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO PROVIDE THAT A PERSON SENTENCED TO A TERM OF IMPRISONMENT OF TWENTY YEARS OR MORE MUST COMPLETE NOT MORE THAN TWO YEARS OF COMMUNITY SUPERVISION AS A PART OF HIS SENTENCE, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 56-5-2940, RELATING TO PENALTIES FOR VIOLATING THE DRIVING UNDER THE INFLUENCE PROVISIONS, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 56-5-2945, AS AMENDED, RELATING TO CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO REVISE THE PENALTY; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110, RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100, RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY.
Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up. H. 4577 (Word version) -- Ways and Means Committee: A BILL TO AMEND SECTIONS 12-21-2710, AS AMENDED, 12-21-2712, 12-21-2720, AS AMENDED, AND 12-21-2726, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN-OPERATED MACHINES OR DEVICES, SO AS TO EXTEND THE PROHIBITION ON SLOT MACHINES AND OTHER MACHINES OR DEVICES PERTAINING TO GAMES OF CHANCE TO VIDEO GAMES WITH A FREE PLAY FEATURE OR ANY OTHER COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING, TO EXTEND THE SEIZURE AND DESTRUCTION PROVISIONS APPLICABLE TO GAMES OF CHANCE TO THESE EXPANDED PROHIBITIONS, TO CONFORM EXISTING LICENSING REQUIREMENTS FOR COIN-OPERATED MACHINES AND DEVICES TO THESE EXPANDED PROHIBITIONS AND TO DELETE REFERENCES TO PROVISIONS OF LAW REPEALED BY THIS SECTION; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO DELETE THE OFFENSE OF OPERATING AN UNMETERED VIDEO GAME WITH A FREE PLAY FEATURE; TO AMEND SECTIONS 16-19-40 AND 16-19-50, RELATING TO THE OFFENSE OF GAMBLING, SO AS TO EXTEND THESE OFFENSES SPECIFICALLY TO PLAYING OR MAINTAINING ANY LICENSED COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING PURPOSES; AND TO REPEAL SECTIONS 12-21-2703, 16-19-60, AND ARTICLE 20, CHAPTER 21 OF TITLE 12, RELATING RESPECTIVELY TO THE RETAIL LICENSE REQUIREMENT FOR A LOCATION WITH VIDEO GAMES WITH A FREE PLAY FEATURE, THE EXEMPTION OF VIDEO GAMES WITH A FREE PLAY FEATURE FROM THE GAMBLING OFFENSES, AND THE VIDEO GAMES MACHINES ACT.
Rep. H. BROWN proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21150HTC.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 12-21-2710 of the 1976 Code, as amended by Act 155 of 1997, is further amended to read:
"Section 12-21-2710. It is unlawful for any person to keep on his premises or operate or permit to be kept on his premises or operated within this State any vending or slot machine, or any video game machine with a free play feature operated by a slot in which is deposited a coin or thing of value, or other device operated by a slot in which is deposited a coin or thing of value for the play of poker, blackjack, keno, lotto, bingo, or craps, or any machine or device licensed pursuant to Section 12-21-2720 and used for gambling or any punch board, pull board, or other device pertaining to games of chance of whatever name or kind, including those machines, boards, or other devices that display different pictures, words, or symbols, at different plays or different numbers, whether in words or figures or, which deposit tokens or coins at regular intervals or in varying numbers to the player or in the machine, but the provisions of this section do not extend to coin-operated nonpayout pin tables, in-line pin games, and video games with free play feature which meet the technical requirements provided for in Section 12-21-2782 and Section 12-21-2783, or to automatic weighing, measuring, musical, and vending machines which are constructed as to give a certain uniform and fair return in value for each coin deposited and in which there is no element of chance.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for a period of not more than one year, or both."
SECTION 2. Section 12-21-2712 of the 1976 Code is amended to read:
"Section 12-21-2712. Any vending or slot machine, punch board, or other device pertaining to games of chance prohibited by Section 12-21-2710 must be seized by any officer of the law law enforcement officer and at once taken before any magistrate of the county in which the machine, board, or device is seized who shall immediately examine it, and if he is satisfied that it is in violation of Section 12-21-2710 or any other law of this State, he shall direct that it be immediately destroyed."
SECTION 3. (A) Section 12-21-2720(A)(3) of the 1976 Code, as last amended by Section 148, Act 181 of 1993, is further amended to read:
"(3) a machine of the nonpayout type, or in-line pin game, or video game with free play feature operated by a slot in which is deposited a coin or thing of value except machines of the nonpayout pin table type with levers or 'flippers' operated by the player by which the course of the balls may be altered or changed."
(B) Section 12-21-2720(C) of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:
"(C) The owner or operator of any coin-operated device which is exempt from Section 16-19-60 and is subject to licensing under Section 12-21-2720(A)(3) and which has multi-player stations, shall purchase a separate license for each such station and any such multi-player station counts as a machine when determining the number of machines authorized for licensure under Section 12-21-2804(A)."
(C) Section 12-21-2720 of the 1976 Code, as last amended by Act 155 of 1997, is further amended by deleting subsections (E) and (F), which read:
"(E) The department shall not issue a license for the operation of a video game with a free play feature which is located or intended to be located on a watercraft or vessel plying the territorial waters of this State.
(F) Four hundred dollars of the four thousand dollar license fee imposed in subsection (A) may be retained by the department and expended in budgeted operations for the implementation and ongoing operation of the monitoring system required by law or in other programs and services as the director may determine necessary and appropriate."
SECTION 4. Section 12-21-2726 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"Section 12-21-2726. Every person who maintains for use or permits the use of, on a place or premises occupied by him, a machine subject to the license imposed by this article by way of proof of licensing must have a current license displayed conspicuously on the front of the machine. Except for the provisions of Sections 12-21-2774 and 12-21-2776, each machine licensed pursuant to this section must be operated in a stand-alone fashion and may not be linked in any way to another coin-operated machine or device."
SECTION 5. Section 12-54-40 of the 1976 Code, as last amended by Act 155 of 1997, is further amended by deleting subsection (g) which reads:
"(g) A machine owner or distributor, as defined in Article 20, Chapter 21 of this title, who allows or causes a machine to be operated without a metering device, or who wilfully places a machine on location or who wilfully allows or causes a machine to be operated with a metering device that does not accurately record the information required under Article 20, Chapter 21 of this title is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than ten years, without benefit of probation, parole, or suspension of sentence, and in addition may be fined not more than twenty-five thousand dollars."
SECTION 6. Section 16-19-40 of the 1976 Code is amended to read:
"Section 16-19-40. If any person shall play at any tavern, inn, store for the retailing of spirituous liquors or in any house used as a place of gaming, barn, kitchen, stable or other outhouse, street, highway, open wood, race field or open place at (a) any game with cards or dice, (b) any gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (c) any roley-poley table, (d) rouge et noir, (e) any faro bank or (f) any other table or bank of the same or the like kind under any denomination whatsoever or (g) any machine or device licensed pursuant to Section 12-21-2720 and used for gambling purposes, except the games of billiards, bowls, backgammon, chess, draughts or whist when there is no betting on any such game of billiards, bowls, backgammon, chess, draughts or whist, or shall bet on the sides or hands of such as do game, upon being convicted thereof, before any magistrate, shall be imprisoned for a period of not over thirty days or shall suffer a fine of fined not over one hundred dollars, and every person so keeping such tavern, inn, retail store, public place or house used as a place for gaming or such other house shall, upon being convicted thereof, upon indictment, be imprisoned for a period not exceeding twelve months and forfeit a sum not exceeding two thousand dollars, for each and every offense."
SECTION 7. Section 16-19-50 of the 1976 Code is amended to read:
"Section 16-19-50. Any person who shall set up, keep or use any (a) gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (b) roley-poley table, (c) table to play at rouge et noir, (d) faro bank or (e) any other gaming table or bank of the like kind or of any other kind for the purpose of gaming, or (f) any machine or device licensed pursuant to Section 12-21-2720 and used for gambling purposes except the games of billiards, bowls, chess, draughts and backgammon, upon being convicted thereof, upon indictment, shall forfeit a sum not exceeding five hundred dollars and not less than two hundred dollars."
SECTION 8. Notwithstanding any other provision of law, no person required to hold a license issued pursuant to Section 12-21-2720(A)(3) for a video game with a free play feature may receive a license for the first time after May 31, 1998, or may apply for or receive a greater number of licenses than the number held on May 31, 1998.
SECTION 9. Sections 12-21-2703 and 16-19-60 and Article 20, Chapter 21 of Title 12, all of the 1976 Code, are repealed.
SECTION 10. Section 8 of this act takes effect upon approval of the Governor. The remaining provisions take effect June 1, 1999./
Renumber sections to conform.
Amend totals and title to conform.
Rep. H. BROWN explained the amendment.
Rep. KNOTTS spoke against the amendment.
Rep. KNOTTS spoke against the amendment.
Rep. HAWKINS spoke in favor of the amendment.
Rep. KELLEY spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. H. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Baxley Beck Boan Bowers Brown, G. Brown, H. Campsen Carnell Cato Chellis Clyburn Cooper Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Inabinett Jennings Jordan Kelley Kennedy Kinon Kirsh Klauber Koon Lanford Law Leach Limehouse Littlejohn Loftis Maddox Martin Mason McCraw McGee McKay McLeod McMahand McMaster Meacham Moody-Lawrence Mullen Neal Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Wilder Wilkes Wilkins Witherspoon Young Young-Brickell
Those who voted in the negative are:
Battle Bauer Breeland Brown, T. Byrd Cave Cotty Howard Keegan Knotts Lee Lloyd Mack Miller Pinckney Rodgers Scott Seithel Smith, F. Whatley Whipper Woodrum
So, the amendment was adopted.
I was out of the Chamber when the vote to ban video poker was taken. I would have voted against the ban on video poker.
Rep. GILDA COBB-HUNTER
Rep. INABINETT proposed the following Amendment No. 2 (Doc Name P:\AMEND\DKA\4784MM.98), which was ruled out of order.
Amend the bill, as and if amended, Section 12-21-2710, SECTION 1, page 2, by inserting after /,/ on line 20 / and specifically including a card, marker, cage, master board, or ball, disk, square, or other object, marked with a letter and number corresponding to a letter and number on a card, or other device pertaining to the specific game of chance, commonly known as bingo, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers and symbols selected at random, /.
Amend further, Section 16-19-40, SECTION 6, page 4, by deleting after /whatsoever/ on line 36 /or/ and inserting a / , /; and by inserting before /except/ on line 38 / or (h) a game of chance, commonly known as bingo, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers and symbols selected at random, /.
Amend further, Section 16-19-50, SECTION 7, page 5, line 16, by deleting /or/ after /gaming,/; and by inserting after /purposes/ on line 17 / , or (g) any card, marker, cage, master board, or ball, disk, or square, or other object, marked with a letter and number corresponding to a letter and number on a card, or other device pertaining to the specific game of chance, commonly known as bingo, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers and symbols selected at random, /.
Amend further, SECTION 8, line 23, by striking /Article 20/ and inserting /Articles 20 and 24/.
Amend title to conform.
Rep. INABINETT explained the amendment.
Rep. SHARPE raised a Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
Rep. INABINETT argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Reps. KELLEY, KEEGAN, MILLER, YOUNG-BRICKELL, COBB-HUNTER, QUINN, COTTY and HARVIN proposed the following Amendment No. 3 (Doc Name P:\AMEND\JIC\5237HTC.98), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 12-21-2710 of the 1976 Code, as amended by Act 155 of 1997, is further amended to read:
"Section 12-21-2710. It is unlawful for any person to keep on his premises or operate or permit to be kept on his premises or operated within this State any vending or slot machine, or any video game machine with a free play feature operated by a slot in which is deposited a coin or thing of value, or other device operated by a slot in which is deposited a coin or thing of value for the play of poker, blackjack, keno, lotto, bingo, or craps, or any machine or device licensed pursuant to Section 12-21-2720 and used for gambling or any punch board, pull board, or other device pertaining to games of chance of whatever name or kind, including those machines, boards, or other devices that display different pictures, words, or symbols, at different plays or different numbers, whether in words or figures or, which deposit tokens or coins at regular intervals or in varying numbers to the player or in the machine, but the provisions of this section do not extend to coin-operated nonpayout pin tables, in-line pin games, and video games with free play feature which meet the technical requirements provided for in Section 12-21-2782 and Section 12-21-2783, or to automatic weighing, measuring, musical, and vending machines which are constructed as to give a certain uniform and fair return in value for each coin deposited and in which there is no element of chance.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for a period of not more than one year, or both."
SECTION 2. Section 12-21-2712 of the 1976 Code is amended to read:
"Section 12-21-2712. Any vending or slot machine, punch board, or other device pertaining to games of chance prohibited by Section 12-21-2710 must be seized by any officer of the law law enforcement officer and at once taken before any magistrate of the county in which the machine, board, or device is seized who shall immediately examine it, and if he is satisfied that it is in violation of Section 12-21-2710 or any other law of this State, he shall direct that it be immediately destroyed."
SECTION 3. (A) Section 12-21-2720(A)(3) of the 1976 Code, as last amended by Section 148, Act 181 of 1993, is further amended to read:
"(3) a machine of the nonpayout type, or in-line pin game, or video game with free play feature operated by a slot in which is deposited a coin or thing of value except machines of the nonpayout pin table type with levers or 'flippers' operated by the player by which the course of the balls may be altered or changed."
(B) Section 12-21-2720(C) of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:
"(C) The owner or operator of any coin-operated device which is exempt from Section 16-19-60 and is subject to licensing under Section 12-21-2720(A)(3) and which has multi-player stations, shall purchase a separate license for each such station and any such multi-player station counts as a machine when determining the number of machines authorized for licensure under Section 12-21-2804(A)."
(C) Section 12-21-2720 of the 1976 Code, as last amended by Act 155 of 1997, is further amended by deleting subsections (E) and (F), which read:
"(E) The department shall not issue a license for the operation of a video game with a free play feature which is located or intended to be located on a watercraft or vessel plying the territorial waters of this State.
(F) Four hundred dollars of the four thousand dollar license fee imposed in subsection (A) may be retained by the department and expended in budgeted operations for the implementation and ongoing operation of the monitoring system required by law or in other programs and services as the director may determine necessary and appropriate."
SECTION 4. Section 12-21-2726 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"Section 12-21-2726. Every person who maintains for use or permits the use of, on a place or premises occupied by him, a machine subject to the license imposed by this article by way of proof of licensing must have a current license displayed conspicuously on the front of the machine. Except for the provisions of Sections 12-21-2774 and 12-21-2776, each machine licensed pursuant to this section must be operated in a stand-alone fashion and may not be linked in any way to another coin-operated machine or device."
SECTION 5. Section 12-54-40 of the 1976 Code, as last amended by Act 155 of 1997, is further amended by deleting subsection (g) which reads:
"(g) A machine owner or distributor, as defined in Article 20, Chapter 21 of this title, who allows or causes a machine to be operated without a metering device, or who wilfully places a machine on location or who wilfully allows or causes a machine to be operated with a metering device that does not accurately record the information required under Article 20, Chapter 21 of this title is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than ten years, without benefit of probation, parole, or suspension of sentence, and in addition may be fined not more than twenty-five thousand dollars."
SECTION 6. Section 16-19-40 of the 1976 Code is amended to read:
"Section 16-19-40. If any person shall play at any tavern, inn, store for the retailing of spirituous liquors or in any house used as a place of gaming, barn, kitchen, stable or other outhouse, street, highway, open wood, race field or open place at (a) any game with cards or dice, (b) any gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (c) any roley-poley table, (d) rouge et noir, (e) any faro bank or (f) any other table or bank of the same or the like kind under any denomination whatsoever or (g) any machine or device licensed pursuant to Section 12-21-2720 and used for gambling purposes, except the games of billiards, bowls, backgammon, chess, draughts or whist when there is no betting on any such game of billiards, bowls, backgammon, chess, draughts or whist, or shall bet on the sides or hands of such as do game, upon being convicted thereof, before any magistrate, shall be imprisoned for a period of not over thirty days or shall suffer a fine of fined not over one hundred dollars, and every person so keeping such tavern, inn, retail store, public place or house used as a place for gaming or such other house shall, upon being convicted thereof, upon indictment, be imprisoned for a period not exceeding twelve months and forfeit a sum not exceeding two thousand dollars, for each and every offense."
SECTION 7. Section 16-19-50 of the 1976 Code is amended to read:
"Section 16-19-50. Any person who shall set up, keep or use any (a) gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (b) roley-poley table, (c) table to play at rouge et noir, (d) faro bank or (e) any other gaming table or bank of the like kind or of any other kind for the purpose of gaming, or (f) any machine or device licensed pursuant to Section 12-21-2720 and used for gambling purposes except the games of billiards, bowls, chess, draughts and backgammon, upon being convicted thereof, upon indictment, shall forfeit a sum not exceeding five hundred dollars and not less than two hundred dollars."
SECTION 8. Sections 12-21-2703 and 16-19-60 and Article 20, Chapter 21 of Title 12, all of the 1976 Code, are repealed.
SECTION 9. (A) Notwithstanding any other provision of law, any license required for the use of a video game with a free play feature described in Section 12-21-2720(A)(3) of the 1976 Code issued for a license period beginning after May 31, 1998, is valid only through May 31, 1999, and the fee for this license is four thousand dollars.
(B) No person required to hold a license under Section 12-21-2720(A)(3) shall receive a license for the first time on or after June 1, 1998, unless and until the State Election Commission certifies, as provided in Section 10, that a majority of the qualified electors voting in the referendum voted "yes".
(C) No person shall apply for or receive a greater number of licenses under Section 12-21-2720(A)(3) of the 1976 Code than the number of licenses held on May 31, 1998, unless and until the State Election Commission certifies, as provided in Section 10, that a majority of the qualified electors voting in the referendum voted "yes".
SECTION 10. (A) A statewide referendum must be held on April 6, 1999, to ascertain whether or not video poker payouts will continue to be allowed in this State. The State Election Commission must place the question contained in subsection (B) of this section on the referendum ballot. The state election laws shall apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the referendum and certify them to the Secretary of State, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Code Commissioner.
(B) The question put before the qualified electors in the referendum shall read:
"Shall cash payoffs for credits earned on coin-operated video game machines continue to be allowed in this State?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 11. Sections 9 and 10 of this act take effect upon approval by the Governor. Section 9 is repealed on June 1, 2000, if the State Election Commission certifies, as provided in Section 10, that a majority of the qualified electors voting in the referendum voted "yes". The remaining provisions of this act take effect June 1, 1999, only if the State Election Commission certifies, as provided in Section 10, that a majority of the qualified electors voting in the referendum voted "no"./
Amend title to conform.
Rep. KELLEY explained the amendment.
Rep. MEACHAM spoke against the amendment.
Rep. G. BROWN spoke in favor of the amendment.
Rep. KNOTTS spoke in favor of the amendment.
Rep. WILKES spoke in favor of the amendment.
Reps. LITTLEJOHN and KIRSH spoke against the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Baxley Beck Boan Brown, H. Campsen Cato Clyburn Cooper Cromer Davenport Delleney Easterday Fleming Gamble Gourdine Govan Hamilton Harris Haskins Hawkins Hines, M. Jennings Jordan Kinon Kirsh Klauber Koon Lanford Leach Limehouse Littlejohn Loftis Martin Mason McCraw McGee McKay McLeod McMahand McMaster Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Rice Riser Robinson Sandifer Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Townsend Tripp Trotter Vaughn Walker Webb Wilder Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
Bailey Battle Bauer Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Chellis Cobb-Hunter Cotty Dantzler Edge Harrell Harvin Hines, J. Hinson Howard Inabinett Keegan Kelley Kennedy Knotts Law Lee Lloyd Mack Maddox Miller Mullen Pinckney Quinn Rodgers Scott Seithel Smith, J. Stuart Whatley Whipper Wilkes Young-Brickell
When the House changed its time of meeting from 2:00 P.M. to 10:00 A.M. on Wednesday, I had made commitments to constituents at home and in my personal and professional business. After taking care of these matters I came to Columbia for the balance of the session. Had I been present I would have voted for the referendum with the moratorium. I voted against the motion to change the time because of my conflicts as stated herein above.
Rep. JOHN G. FELDER
I represent several companies which own video poker machines in administrative matters before the Administrative Law Judge division. For that reason I have abstained from voting on H. 4577 and amendments thereto.
Rep. JAMES H. HARRISON
Further proceedings were interrupted by a Special Presentation and the Joint Assembly, the pending question being consideration of amendments.
Reps. H. BROWN, LIMEHOUSE and the Charleston Delegation presented to the House William L. Bethea, Jr., S.C. State Ports Authority Chairman, Bernard S. Groseclose, Jr., President and Chief Executive Officer of the S.C. State Ports Authority, and Anita Zucker, President and Chairman of the Board of the Charleston Metro Chamber of Commerce, recognizing them for their outstanding contributions to the State Ports Authority.
At 12:00 Noon 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.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 4536 (Word version) -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 11, 1998.
Chief Justice Ernest A. Finney, Jr. and his distinguished party were escorted to the rostrum by Senators Leventis, Washington, Cork and Holland and Representatives JENNINGS, CLYBURN, COTTY and WHATLEY.
The President of the Senate introduced Chief Justice Finney.
Chief Justice Finney addressed the Joint Assembly as follows:
"Thank you ladies and gentlemen for that warm reception; I hope the departure will be equally as warm.
Mr. President, Mr. Speaker, members of the General Assembly of the State of South Carolina, other state officials, members of the Judiciary of this State, honored guests, ladies and gentlemen;
I feel compelled today to go beyond the dictates of protocol which require that I thank you for the invitation to report to you on the state of the South Carolina Judiciary. I welcome this opportunity to express heartfelt appreciation to the members of the executive and legislative branches for the manner in which you have discharged your constitutional responsibility to the judicial branch of state government.
As a result of your cooperation with our efforts, I am able to report that your judiciary has made significant progress within the past three years. Additional judges, support personnel, and wider implementation of information technology have expanded our ability to manage the caseloads of our courts. The restoration of funding for travel has provided greater flexibility in assigning judges and increasing the number of terms for the circuit and family courts.
Restructuring the procedure for handling the state's appellate caseload has facilitated docket management for cases on appeal. Provisions for three judicial positions and related staff for the Court of Appeals have resulted in the creation of an additional three-judge panel on the Court of Appeals. The new panel has expanded the capacity of that court to expeditiously dispose of a greater number of appeals and still maintain a deliberate review process. Under the new format, the Supreme Court is able to focus more on other appellate matters and the classes of appeals reserved for its exclusive review.
A few of the more obvious results of being able to more closely oversee the judicial system are the implementation of an orientation program for new judges, the revision of the grievance and discipline process for lawyers and judges, and the exploration of new methods of speeding up the disposition of cases through the use of settlement weeks, differentiated case management and alternative dispute resolution.
This is not to say that the state of the South Carolina Judiciary is better today than it was three years ago. The progress I have reported is relative in terms of workload. Even as the judiciary is moving forward, the caseload is increasing in volume, becoming more complex in nature, and requiring larger expenditures of resources.
According to a Census Bureau report on population growth released on December 31, 1997, South Carolina is the 13th fastest growing state in the country - up eight points from the previous year. Naturally, a growing population generates growth in the number of criminal cases and civil suits filed. But a highly litigious, growing, and better informed population also precipitates an explosive increase in the amount of complex litigation which must be handled by your court system. A single lawsuit in this category can consume weeks of court time, months of judicial attention, and a significant portion of the branch's operating budget.
On the criminal side we are encouraged by recent press reports that certain criminal activity is on the decline. Again, any reported decline is relative. The Sentencing Project, a private advocacy group, notes that the rising number of inmates may be a factor in the decreasing crime rates. The United States Justice Department reports that as of mid 1997, 1 out of every 155 Americans was incarcerated and our State has more than its fair share of that number. The records of the South Carolina Department of Corrections reflect that as of midnight this past Sunday 20,500 adults were incarcerated. This does not include detainees and persons serving sentences of 90 days or less in local prison facilities nor does it include juveniles in the Department of Juvenile Justice, which had 1,472 in custody as of December 31, 1997.
So as you are increasing the resources available to the judiciary, greater demand creates a drain on these resources and requires the court system to expand its capacity to accommodate the caseload and to make new requests for recurring funds. Some of these accommodations will result in direct outlays of funds. Others will increase the drain on resources by extending the judicial process.
The pending legislation which would revamp the state's magistrate court system is one example. If passed, the judicial branch will need additional resources to achieve meaningful implementation of that legislation. Other measures such as the act which gives greater deference to victims of crimes will result in a significant deceleration of case dispositions. Still others with enhanced sentencing provisions will have the dual effect of clogging court dockets and requiring the expenditure of a significant portion of our budget.
Compounding the dilemma is the fact that the swift pace of changes taking place within society occasionally thrusts upon our courts issues and offenses not envisioned by the Constitution or statutory law of this State.
This is the backdrop against which I submitted the judicial branch budget request for a $5 million increase in our base appropriations for FY 1998-99. The request is for recurring funds to address areas within the four broad categories of judges, staff, court docket management, and information technology.
JUDGES: South Carolina's judges form the backbone of our state's judicial system. In the face of daunting adversity and sometimes constant criticism, these men and women have served loyally and well in supporting the goal of a justice system which is administered fairly, operated efficiently, and managed effectively. A 7.6% increase in salary is requested for state judges. I offer three reasons why this request should be funded.
First, the State of South Carolina should not become entrenched in the position of paying its judges at a rate which is substantially lower than what those judges could earn as an attorney in the private sector. The public is demanding, the legislature is considering, and the system has the right to expect well-founded, strictly enforced criteria for judges who make decisions affecting the life, personal freedoms and property rights of our citizens. Likewise, jurists who meet those criteria deserve to be compensated fairly.
Second, we are attempting to build a strong, experienced judiciary but a significant number of judges leave judicial service prematurely. The most frequently cited reason is the opportunity to pursue more remunerative opportunities in the private sector.
Third, a salary increase for our judges would bring judicial compensation in South Carolina up to the southeastern average. A survey of judicial salaries released by the National Center for State Courts in the fall of 1997 ranked South Carolina seventh among the nine southeastern states.
Our budget request for FY 1998-99 also includes a request for a $250 increase in the monthly office expense allowance judges receive. Since this allowance has not been increased in over twelve years, it is obvious that additional funding is needed to meet current market prices for office supplies.
STAFF: A 5.3% increase for staff salaries is requested to institute a more uniform salary scale and to provide raises for non-judicial employees of the judicial branch. To facilitate employee recruitment and retention of experienced personnel, we believe that it is necessary to raise compensation for our employees to a level comparable to wages paid state employees in the other two branches of government and private sector workers in similar positions.
We have requested $100,000 to fund a program of continuing legal education for state judges and staff attorneys and training for non-legal employees such as computer personnel.
COURT DOCKET MANAGEMENT: There are three requests for funding to facilitate docket management. They are judicial branch travel, judicial commitment, and alternative dispute resolution. We are asking for $98,000 to fund judicial branch travel. Under the former mileage allowance of 25.5 cents per mile, the judicial branch spent in excess $1.5 million per year to fund judicial rotation as mandated by the state Constitution. The increase in mileage reimbursement to 31.5 cents is expected to raise branch travel expenses by $98,000.
We have also requested $343,000 for judicial commitments. These funds are used to pay private attorneys, medical examiners, and guardian ad litems who are appointed by the Probate Court to provide services to the court and to persons subject to hearings for judicial commitment upon allegations of incompetency.
Funding in the amount of $450,000 has been requested to expand the pilot Alternative Dispute Resolution program from two counties to four judicial circuits. The evaluation results are not yet in from the pilot programs. But initial feedback suggests that ADR may be a viable tool for relieving congested civil and family court dockets.
INFORMATION TECHNOLOGY: Reliable information technology is essential to branch operations. The request for $450,000 will be used to replace obsolete office equipment and computer hardware and software.
Ladies and gentlemen, the Constitution of this State provides for an independent judiciary which shall be funded with public funds appropriated by the legislature and approved by the Governor. Under the Constitution, it is my duty and responsibility to submit a description of the fiscal needs of this branch to the head of the executive branch for his approval. It is also my duty to request of the legislative branch sufficient legislation and funding authority for the judiciary to perform the functions assigned by the Constitution and by the legislature through statutory enactments.
The Governor has deleted $1.5 million of the $5 million dollar increase which the judicial branch requested for FY 1998-99. The executive budget does not include funding for a salary increase for branch staff. It does not include funding for the additional expense for travel and judicial rotation. It does not include funding to expand the Alternative Dispute Resolution Program and neither does the executive budget include funding for the Staff Education Plan. I ask you to restore these programs and to appropriate the requested increases.
The Governor's state Budget for FY 1998-99 distributes $475,600,000 dollars in new funds. Of this amount $3,500,000 is earmarked for the judicial branch. In practical terms, this means that the third branch of state government is expected to deliver judicial services in today's climate of high crime and voluminous lawsuits to the state's population of 3,700,000 individuals through the courts of its 46 counties and two appellate courts with .74% or slightly less than 3/4 of 1% of the new state appropriations for FY 1998-99.
Members of this General Assembly, in this information age of instant communication and exact science, one old maxim still holds true, "You don't always get what you pay for; but you always pay for what you get." So if South Carolinians are to receive the quality of service and the substantial justice which they deserve from their courts, then your programmatic and fiscal support of the state's Unified Judicial System is an absolute necessity.
I stand ready to answer any questions or to provide such information as you may require to assist you in your budget deliberations. I am available to confer with legislators individually or in groups. Also, a status summary of the Judicial Department FY 1998-99 Budget Request is available for your review.
Now when I was growing up, they often said the old expression was that fools walk in where angels fear to tread, but in the discharge of my responsibilities I feel that it is my duty and responsibility to tell you about the problem we see in regard to the issue of judicial elections. The Constitution provides that there shall be three separate, co-equal branches of government. On the one hand is the unyielding mandate for separation of powers and I have studiously avoided crossing the line. I will continue to adhere to that policy. But on the other hand, the Constitution designates the legislative branch as the fountainhead of resources and legislative authorization for the judicial branch; therefore the quality of service and the level of justice available through the courts of the State are dependent upon such provisions as are made by the Legislature.
Without becoming involved in the legislative process of judicial elections, I am constrained to apprise you of the state of your judiciary with regard to judicial vacancies. As of today there are a total of 55 existing or impending vacancies. That number represents new positions, current vacancies and positions which will become vacant upon expiration of the terms of office between now and July 1, 1998.
The term of one Supreme Court Associate Justice will expire this year, as will the term of one judge on the Court of Appeals. There are 39 positions in the circuit and family courts and 14 positions to be filled for masters-in-equity. I say to you that if over 1/3 of the 159 judicial positions in this State remain vacant for more than six months, your justice system will teeter on the precipice of a disaster.
Ladies and gentlemen, it is crucial that an orderly and timely resolution of the controversy surrounding the election of judges be achieved. It is imperative that this General Assembly provide ample judges to serve the people of this State and maintain the viability of our courts. Should you fail in this endeavor, the past 200 years of work and sacrifices to build and maintain a justice system which meets the mandates of the constitution and affords the citizens of our State a stable forum for the resolution of their controversies will be undermined and severely damaged - perhaps beyond repair.
As public servants we are engaged in a joint undertaking to assure peace and tranquility, justice, law and order for the citizens we are sworn to serve and to preserve the Constitutions of this State and of these United States.
The pursuit of that undertaking is advanced when we honor our commitments to our respective functions. I and the other members of the South Carolina Judiciary look forward to working with the members of this 112th General Assembly as, together, we seek to comply with both the spirit and the letter of loyal public service.
Mr. President, Mr. Speaker, and members of this joint assembly, that concludes my report on the state of the South Carolina Judiciary. I thank you for the opportunity and I thank the members of the General Assembly for their attention."
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:30 P.M. the House resumed, the SPEAKER in the Chair.
Rep. H. BROWN moved that the House recede until 2:00 P.M., which was adopted.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
The SPEAKER granted Rep. STUART a leave of absence due to an emergency family situation.
Debate was resumed on the following Bill, the pending question being the consideration of amendments. H. 4577 (Word version) -- Ways and Means Committee: A BILL TO AMEND SECTIONS 12-21-2710, AS AMENDED, 12-21-2712, 12-21-2720, AS AMENDED, AND 12-21-2726, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN-OPERATED MACHINES OR DEVICES, SO AS TO EXTEND THE PROHIBITION ON SLOT MACHINES AND OTHER MACHINES OR DEVICES PERTAINING TO GAMES OF CHANCE TO VIDEO GAMES WITH A FREE PLAY FEATURE OR ANY OTHER COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING, TO EXTEND THE SEIZURE AND DESTRUCTION PROVISIONS APPLICABLE TO GAMES OF CHANCE TO THESE EXPANDED PROHIBITIONS, TO CONFORM EXISTING LICENSING REQUIREMENTS FOR COIN-OPERATED MACHINES AND DEVICES TO THESE EXPANDED PROHIBITIONS AND TO DELETE REFERENCES TO PROVISIONS OF LAW REPEALED BY THIS SECTION; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO DELETE THE OFFENSE OF OPERATING AN UNMETERED VIDEO GAME WITH A FREE PLAY FEATURE; TO AMEND SECTIONS 16-19-40 AND 16-19-50, RELATING TO THE OFFENSE OF GAMBLING, SO AS TO EXTEND THESE OFFENSES SPECIFICALLY TO PLAYING OR MAINTAINING ANY LICENSED COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING PURPOSES; AND TO REPEAL SECTIONS 12-21-2703, 16-19-60, AND ARTICLE 20, CHAPTER 21 OF TITLE 12, RELATING RESPECTIVELY TO THE RETAIL LICENSE REQUIREMENT FOR A LOCATION WITH VIDEO GAMES WITH A FREE PLAY FEATURE, THE EXEMPTION OF VIDEO GAMES WITH A FREE PLAY FEATURE FROM THE GAMBLING OFFENSES, AND THE VIDEO GAMES MACHINES ACT.
Rep. KNOTTS proposed the following Amendment No. 8 (Doc Name P:\AMEND\DKA\4794MM.98), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. (A) A nonbinding referendum must be held at the General Election in November, 1998, to ascertain the wishes of the qualified electors of this State so as to allow cash payouts for video poker. The South Carolina Election Commission shall place the question contained in subsection (B) on the special election ballot along with the other questions on the ballot for that special election. The state election laws shall apply to this nonbinding referendum, mutatis mutandis. The State Board of Canvassers shall certify the results of the referendum to the Governor, the Speaker of the House of Representatives, and the President of the Senate.
(B) The question put before the qualified electors at the General Election in November, 1998, nonbinding referendum must read as follows:
"Do you favor allowing video poker cash payouts?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Renumber sections to conform.
Amend title to conform.
Rep. KNOTTS explained the amendment.
Rep. SCOTT spoke in favor of the amendment.
Rep. SIMRILL moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Beck Boan Brown, H. Campsen Cato Cave Clyburn Cromer Davenport Delleney Easterday Fleming Gamble Gourdine Govan Hamilton Harrell Harris Haskins Hawkins Hines, M. Jordan Keegan Kelley Kinon Kirsh Klauber Koon Lanford Leach Littlejohn Loftis Martin Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Townsend Tripp Trotter Vaughn Walker Webb Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Askins Bailey Battle Bauer Baxley Bowers Breeland Brown, G. Brown, J. Chellis Cobb-Hunter Dantzler Harvin Hines, J. Hinson Jennings Kennedy Knotts Lee Limehouse Lloyd Maddox Miller Mullen Pinckney Rodgers Scott Whatley Whipper Wilkes
So, the amendment was tabled.
I was absent from the Chamber when the roll call on Amendment #8 on H. 4577 was taken. Had I been in the Chamber, I would have voted to table this amendment.
Rep. DANIEL T. COOPER
Rep. KNOTTS proposed the following Amendment No. 9 (Doc Name P:\AMEND\DKA\4792MM.98), which was ruled out of order.
Amend the bill, as and if amended, Section 12-21-2710, SECTION 1, page 2, by inserting after /,/ on line 20 / and specifically including a card, marker, cage, master board, or ball, disk, square, or other object, marked with a letter and number corresponding to a letter and number on a card, or other device pertaining to the specific game of chance, commonly known as bingo, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers and symbols selected at random,/.
Amend further, Section 16-19-40, SECTION 6, page 4, by deleting after /whatsoever/ on line 36 /or/ and inserting a / , /; and by inserting before /except/ on line 38 / or (h) a game of chance, commonly known as bingo, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers and symbols selected at random,/.
Amend further, Section 16-19-50, SECTION 7, page 5, line 16, by deleting /or/ after /gaming,/; and by inserting after /purposes/ on line 17 / , or (g) any card, marker, cage, master board, or ball, disk, or square, or other object, marked with a letter and number corresponding to a letter and number on a card, or other device pertaining to the specific game of chance, commonly known as bingo, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers and symbols selected at random,/.
Amend further, SECTION 8, page 5, line 23, by striking /Article 20/ and inserting /Articles 20 and 24/.
Amend title to conform.
Rep. SHARPE raised a Point of Order that Amendment No. 9 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. KNOTTS proposed the following Amendment No. 13 (Doc Name P:\AMEND\DKA\4800MM.98), which was ruled out of order.
adding an appropriately numbered SECTION to read:
/SECTION __. (A) A nonbinding referendum must be held at a special election on February, 1999, to ascertain the wishes of the qualified electors of this State so as to allow state lotteries. The South Carolina Election Commission shall place the question contained in subsection (B) on the special election ballot along with the other questions on the ballot for that special election. The state election laws shall apply to this nonbinding referendum, mutatis mutandis. The State Board of Canvassers shall certify the results of the referendum to the Governor, the Speaker of the House of Representatives, and the President of the Senate.
(B) The question put before the qualified electors at a special election on February, 1999, nonbinding referendum must read as follows:
"Do you favor allowing state lotteries?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Renumber sections to conform.
Amend title to conform.
Rep. DAVENPORT raised a Point of Order that Amendment No. 13 was out of order in that it was not germane to the Bill.
Rep. KNOTTS argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
The SPEAKER granted Rep. J. BROWN a temporary leave of absence.
Reps. COBB-HUNTER and CARNELL proposed the following Amendment No. 17 (Doc Name P:\AMEND\PT\1703MM.98), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 12-21-2710 of the 1976 Code, as amended by Act 155 of 1997, is further amended to read:
"Section 12-21-2710. It is unlawful for any person to keep on his premises or operate or permit to be kept on his premises or operated within this State any vending or slot machine, or any video game machine with a free play feature operated by a slot in which is deposited a coin or thing of value, or other device operated by a slot in which is deposited a coin or thing of value for the play of poker, blackjack, keno, lotto, bingo, or craps, or any machine or device licensed pursuant to Section 12-21-2720 and used for gambling or any punch board, pull board, or other device pertaining to games of chance of whatever name or kind, including those machines, boards, or other devices that display different pictures, words, or symbols, at different plays or different numbers, whether in words or figures or, which deposit tokens or coins at regular intervals or in varying numbers to the player or in the machine, but the provisions of this section do not extend to coin-operated nonpayout pin tables, in-line pin games, and video games with free play feature which meet the technical requirements provided for in Section 12-21-2782 and Section 12-21-2783, or to automatic weighing, measuring, musical, and vending machines which are constructed as to give a certain uniform and fair return in value for each coin deposited and in which there is no element of chance.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for a period of not more than one year, or both."
SECTION 2. Section 12-21-2712 of the 1976 Code is amended to read:
"Section 12-21-2712. Any vending or slot machine, punch board, or other device pertaining to games of chance prohibited by Section 12-21-2710 must be seized by any officer of the law law enforcement officer and at once taken before any magistrate of the county in which the machine, board, or device is seized who shall immediately examine it, and if he is satisfied that it is in violation of Section 12-21-2710 or any other law of this State, he shall direct that it be immediately destroyed."
SECTION 3. (A) Section 12-21-2720(A)(3) of the 1976 Code, as last amended by Section 148, Act 181 of 1993, is further amended to read:
"(3) a machine of the nonpayout type, or in-line pin game, or video game with free play feature operated by a slot in which is deposited a coin or thing of value except machines of the nonpayout pin table type with levers or 'flippers' operated by the player by which the course of the balls may be altered or changed."
(B) Section 12-21-2720(C) of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:
"(C) The owner or operator of any coin-operated device which is exempt from Section 16-19-60 and is subject to licensing under Section 12-21-2720(A)(3) and which has multi-player stations, shall purchase a separate license for each such station and any such multi-player station counts as a machine when determining the number of machines authorized for licensure under Section 12-21-2804(A)."
(C) Section 12-21-2720 of the 1976 Code, as last amended by Act 155 of 1997, is further amended by deleting subsections (E) and (F), which read:
"(E) The department shall not issue a license for the operation of a video game with a free play feature which is located or intended to be located on a watercraft or vessel plying the territorial waters of this State.
(F) Four hundred dollars of the four thousand dollar license fee imposed in subsection (A) may be retained by the department and expended in budgeted operations for the implementation and ongoing operation of the monitoring system required by law or in other programs and services as the director may determine necessary and appropriate."
SECTION 4. Section 12-21-2726 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"Section 12-21-2726. Every person who maintains for use or permits the use of, on a place or premises occupied by him, a machine subject to the license imposed by this article by way of proof of licensing must have a current license displayed conspicuously on the front of the machine. Except for the provisions of Sections 12-21-2774 and 12-21-2776, each machine licensed pursuant to this section must be operated in a stand-alone fashion and may not be linked in any way to another coin-operated machine or device."
SECTION 5. Section 12-54-40 of the 1976 Code, as last amended by Act 155 of 1997, is further amended by deleting subsection (g) which reads:
"(g) A machine owner or distributor, as defined in Article 20, Chapter 21 of this title, who allows or causes a machine to be operated without a metering device, or who wilfully places a machine on location or who wilfully allows or causes a machine to be operated with a metering device that does not accurately record the information required under Article 20, Chapter 21 of this title is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than ten years, without benefit of probation, parole, or suspension of sentence, and in addition may be fined not more than twenty-five thousand dollars."
SECTION 6. Section 16-19-40 of the 1976 Code is amended to read:
"Section 16-19-40. If any person shall play at any tavern, inn, store for the retailing of spirituous liquors or in any house used as a place of gaming, barn, kitchen, stable or other outhouse, street, highway, open wood, race field or open place at (a) any game with cards or dice, (b) any gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (c) any roley-poley table, (d) rouge et noir, (e) any faro bank or (f) any other table or bank of the same or the like kind under any denomination whatsoever or (g) any machine or device licensed pursuant to Section 12-21-2720 and used for gambling purposes, except the games of billiards, bowls, backgammon, chess, draughts or whist when there is no betting on any such game of billiards, bowls, backgammon, chess, draughts or whist, or shall bet on the sides or hands of such as do game, upon being convicted thereof, before any magistrate, shall be imprisoned for a period of not over thirty days or shall suffer a fine of fined not over one hundred dollars, and every person so keeping such tavern, inn, retail store, public place or house used as a place for gaming or such other house shall, upon being convicted thereof, upon indictment, be imprisoned for a period not exceeding twelve months and forfeit a sum not exceeding two thousand dollars, for each and every offense."
SECTION 7. Section 16-19-50 of the 1976 Code is amended to read:
"Section 16-19-50. Any person who shall set up, keep or use any (a) gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (b) roley-poley table, (c) table to play at rouge et noir, (d) faro bank or (e) any other gaming table or bank of the like kind or of any other kind for the purpose of gaming, or (f) any machine or device licensed pursuant to Section 12-21-2720 and used for gambling purposes except the games of billiards, bowls, chess, draughts and backgammon, upon being convicted thereof, upon indictment, shall forfeit a sum not exceeding five hundred dollars and not less than two hundred dollars."
SECTION 8. Sections 12-21-2703 and 16-19-60 and Article 20, Chapter 21 of Title 12, all of the 1976 Code, are repealed.
SECTION 9. (A) Notwithstanding any other provision of law, any license required for the use of a video game with a free play feature described in Section 12-21-2720(A)(3) of the 1976 Code issued for a license period beginning after December 31, 1997, is valid only through December 31, 1998, and the fee for this license is four thousand dollars.
(B) No person required to hold a license under Section 12-21-2720(A)(3) shall receive a license for the first time on or after January 1, 1999, unless and until the State Election Commission certifies, as provided in Section 10, that a majority of the qualified electors voting in the referendum voted "yes".
(C) No person shall apply for or receive a greater number of licenses under Section 12-21-2720(A)(3) of the 1976 Code than the number of licenses held on December 31, 1998, unless and until the State Election Commission certifies, as provided in Section 10, that a majority of the qualified electors voting in the referendum voted "yes".
SECTION 10. (A) A statewide referendum must be held on November 3, 1998, to ascertain whether or not video poker payouts will continue to be allowed in this State. The State Election Commission must place the question contained in subsection (B) of this section on the referendum ballot. The state election laws shall apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the referendum and certify them to the Secretary of State, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Code Commissioner.
(B) The question put before the qualified electors in the referendum shall read:
"Shall cash payoffs for credits earned on coin-operated video game machines continue to be allowed in this State?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 11. Sections 9 and 10 of this act take effect upon approval by the Governor. Section 9 is repealed on January 1, 1999, if the State Election Commission certifies, as provided in Section 10, that a majority of the qualified electors voting in the referendum voted "yes". The remaining provisions of this act take effect January 1, 1999, only if the State Election Commission certifies, as provided in Section 10, that a majority of the qualified electors voting in the referendum voted "no"./
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. KNOTTS spoke in favor of the amendment.
The SPEAKER granted Rep. SPEARMAN a leave of absence for the remainder of the day.
Rep. COBB-HUNTER continued speaking.
Rep. KNOTTS spoke in favor of the amendment.
Rep. MACK spoke in favor of the amendment.
Rep. HAWKINS spoke against the amendment.
Rep. SHARPE moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Beck Boan Brown, H. Brown, T. Campsen Cato Chellis Clyburn Cooper Cotty Cromer Davenport Delleney Easterday Edge Fleming Gamble Gourdine Govan Hamilton Harrell Harris Haskins Hawkins Hines, M. Jordan Keegan Kelley Kinon Kirsh Klauber Koon Lanford Law Leach Littlejohn Loftis Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Moody-Lawrence Neal Phillips Rice Riser Robinson Sandifer Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stoddard Townsend Tripp Trotter Vaughn Walker Webb Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Askins Battle Bauer Baxley Bowers Breeland Brown, G. Byrd Carnell Cave Cobb-Hunter Dantzler Harvin Hines, J. Hinson Howard Inabinett Jennings Kennedy Knotts Lee Limehouse Lloyd Mack Miller Mullen Neilson Pinckney Quinn Rodgers Scott Seithel Whatley Whipper Wilkes
So, the amendment was tabled.
Reps. BAILEY, J. SMITH, BATTLE, COBB-HUNTER, SEITHEL, BREELAND, MILLER, MACK, SCOTT, WHATLEY and KNOTTS proposed the following Amendment No. 19 (Doc Name P:\AMEND\JIC\5250HTC.98), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 12-21-2710 of the 1976 Code, as amended by Act 155 of 1997, is further amended to read:
"Section 12-21-2710. It is unlawful for any person to keep on his premises or operate or permit to be kept on his premises or operated within this State any vending or slot machine, or any video game machine with a free play feature operated by a slot in which is deposited a coin or thing of value, or other device operated by a slot in which is deposited a coin or thing of value for the play of poker, blackjack, keno, lotto, bingo, or craps, or any machine or device licensed pursuant to Section 12-21-2720 and used for gambling or any punch board, pull board, or other device pertaining to games of chance of whatever name or kind, including those machines, boards, or other devices that display different pictures, words, or symbols, at different plays or different numbers, whether in words or figures or, which deposit tokens or coins at regular intervals or in varying numbers to the player or in the machine, but the provisions of this section do not extend to coin-operated nonpayout pin tables, in-line pin games, and video games with free play feature which meet the technical requirements provided for in Section 12-21-2782 and Section 12-21-2783, or to automatic weighing, measuring, musical, and vending machines which are constructed as to give a certain uniform and fair return in value for each coin deposited and in which there is no element of chance.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for a period of not more than one year, or both."
SECTION 2. Section 12-21-2712 of the 1976 Code is amended to read:
"Section 12-21-2712. Any vending or slot machine, punch board, or other device pertaining to games of chance prohibited by Section 12-21-2710 must be seized by any officer of the law law enforcement officer and at once taken before any magistrate of the county in which the machine, board, or device is seized who shall immediately examine it, and if he is satisfied that it is in violation of Section 12-21-2710 or any other law of this State, he shall direct that it be immediately destroyed."
SECTION 3. (A) Section 12-21-2720(A)(3) of the 1976 Code, as last amended by Section 148, Act 181 of 1993, is further amended to read:
"(3) a machine of the nonpayout type, or in-line pin game, or video game with free play feature operated by a slot in which is deposited a coin or thing of value except machines of the nonpayout pin table type with levers or 'flippers' operated by the player by which the course of the balls may be altered or changed."
(B) Section 12-21-2720(C) of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:
"(C) The owner or operator of any coin-operated device which is exempt from Section 16-19-60 and is subject to licensing under Section 12-21-2720(A)(3) and which has multi-player stations, shall purchase a separate license for each such station and any such multi-player station counts as a machine when determining the number of machines authorized for licensure under Section 12-21-2804(A)."
(C) Section 12-21-2720 of the 1976 Code, as last amended by Act 155 of 1997, is further amended by deleting subsections (E) and (F), which read:
"(E) The department shall not issue a license for the operation of a video game with a free play feature which is located or intended to be located on a watercraft or vessel plying the territorial waters of this State.
(F) Four hundred dollars of the four thousand dollar license fee imposed in subsection (A) may be retained by the department and expended in budgeted operations for the implementation and ongoing operation of the monitoring system required by law or in other programs and services as the director may determine necessary and appropriate."
SECTION 4. Section 12-21-2726 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"Section 12-21-2726. Every person who maintains for use or permits the use of, on a place or premises occupied by him, a machine subject to the license imposed by this article by way of proof of licensing must have a current license displayed conspicuously on the front of the machine. Except for the provisions of Sections 12-21-2774 and 12-21-2776, each machine licensed pursuant to this section must be operated in a stand-alone fashion and may not be linked in any way to another coin-operated machine or device."
SECTION 5. Section 12-54-40 of the 1976 Code, as last amended by Act 155 of 1997, is further amended by deleting subsection (g) which reads:
"(g) A machine owner or distributor, as defined in Article 20, Chapter 21 of this title, who allows or causes a machine to be operated without a metering device, or who wilfully places a machine on location or who wilfully allows or causes a machine to be operated with a metering device that does not accurately record the information required under Article 20, Chapter 21 of this title is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than ten years, without benefit of probation, parole, or suspension of sentence, and in addition may be fined not more than twenty-five thousand dollars."
SECTION 6. Section 16-19-40 of the 1976 Code is amended to read:
"Section 16-19-40. If any person shall play at any tavern, inn, store for the retailing of spirituous liquors or in any house used as a place of gaming, barn, kitchen, stable or other outhouse, street, highway, open wood, race field or open place at (a) any game with cards or dice, (b) any gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (c) any roley-poley table, (d) rouge et noir, (e) any faro bank or (f) any other table or bank of the same or the like kind under any denomination whatsoever or (g) any machine or device licensed pursuant to Section 12-21-2720 and used for gambling purposes, except the games of billiards, bowls, backgammon, chess, draughts or whist when there is no betting on any such game of billiards, bowls, backgammon, chess, draughts or whist, or shall bet on the sides or hands of such as do game, upon being convicted thereof, before any magistrate, shall be imprisoned for a period of not over thirty days or shall suffer a fine of fined not over one hundred dollars, and every person so keeping such tavern, inn, retail store, public place or house used as a place for gaming or such other house shall, upon being convicted thereof, upon indictment, be imprisoned for a period not exceeding twelve months and forfeit a sum not exceeding two thousand dollars, for each and every offense."
SECTION 7. Section 16-19-50 of the 1976 Code is amended to read:
"Section 16-19-50. Any person who shall set up, keep or use any (a) gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (b) roley-poley table, (c) table to play at rouge et noir, (d) faro bank or (e) any other gaming table or bank of the like kind or of any other kind for the purpose of gaming, or (f) any machine or device licensed pursuant to Section 12-21-2720 and used for gambling purposes except the games of billiards, bowls, chess, draughts and backgammon, upon being convicted thereof, upon indictment, shall forfeit a sum not exceeding five hundred dollars and not less than two hundred dollars."
SECTION 8. Sections 12-21-2703 and 16-19-60 and Article 20, Chapter 21 of Title 12, all of the 1976 Code, are repealed.
SECTION 9. (A) A statewide referendum must be held on April 6, 1999, to ascertain whether or not video poker payouts will continue to be allowed in this State. The State Election Commission must place the question contained in subsection (B) of this section on the referendum ballot. The state election laws shall apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the referendum and certify them to the Secretary of State, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Code Commissioner.
(B) The question put before the qualified electors in the referendum shall read:
"Shall cash payoffs for credits earned on coin-operated video game machines continue to be allowed in this State?
Rep. BAILEY explained the amendment.
Rep. SHARPE moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Barrett Baxley Beck Boan Brown, H. Campsen Carnell Cato Clyburn Cooper Cromer Davenport Delleney Easterday Edge Fleming Gamble Gourdine Hamilton Harris Haskins Hawkins Hines, M. Jennings Jordan Kinon Kirsh Klauber Koon Lanford Leach Limehouse Littlejohn Loftis Martin Mason McCraw McGee McKay McLeod McMahand McMaster Meacham Moody-Lawrence Neal Neilson Phillips Rice Riser Robinson Sandifer Sharpe Sheheen Simrill Smith, F. Smith, J. Smith, R. Stille Stoddard Townsend Tripp Trotter Vaughn Walker Webb Wilder Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
Askins Bailey Battle Bauer Bowers Breeland Brown, J. Brown, T. Byrd Cave Chellis Cobb-Hunter Cotty Dantzler Harrell Harvin Hinson Howard Inabinett Keegan Kelley Kennedy Knotts Law Lee Lloyd Mack Maddox McAbee Miller Mullen Pinckney Rhoad Rodgers Scott Seithel Whatley Whipper Wilkes Young-Brickell
So, the amendment was tabled.
Rep. CAVE moved to reconsider the vote whereby Amendment No. 8 was tabled.
Rep. YOUNG moved to table the motion.
Rep. CAVE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Askins Bailey Barfield Barrett Baxley Beck Boan Brown, H. Brown, T. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Cromer Davenport Delleney Easterday Edge Fleming Gamble Gourdine Govan Hamilton Harrell Haskins Hawkins Hines, M. Jennings Jordan Keegan Kelley Kinon Kirsh Klauber Koon Lanford Leach Littlejohn Loftis Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Sharpe Sheheen Simrill Smith, F. Smith, J. Smith, R. Stille Stoddard Townsend Tripp Trotter Vaughn Walker Webb Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Battle Bauer Bowers Breeland Brown, G. Brown, J. Byrd Cave Cobb-Hunter Dantzler Harvin Hinson Howard Inabinett Kennedy Knotts Law Lee Limehouse Lloyd Mack Miller Mullen Pinckney Rodgers Scott Seithel Whatley Whipper Wilkes
So, the motion to reconsider was tabled.
The SPEAKER granted Rep. INABINETT a leave of absence for the remainder of the day.
Rep. KELLEY stated that in the South Carolina Code of Laws under 4-9-55(B) it takes two-thirds of the House to pass any Bill that directly effects or reduces the authority the counties have to raise revenue in the aggregate. He further stated that the Bill had to be approved by a two-thirds vote of the body.
SPEAKER WILKINS inquired as to how the Bill, now amended by Amendment No. 1, reduced the counties' authority to raise revenue in the aggregate?
Rep. KELLEY stated that Section 12-21-2720(D) imposed a law that allowed counties to raise up to 10% of the license fees that the State charges as a license fee. He further stated that the Bill would affect that law by changing the legality of the machines, affect their ability to raise revenue or to receive revenue, and affect it at a rate of 10%.
SPEAKER WILKINS stated that the Bill made it a misdemeanor to violate its provisions and inquired as to whether Rep. Kelley agreed that the exception in 4-9-55(C)(3), creating an exception for criminal laws, applied.
Rep. KELLEY argued the main gist of the Bill dealt with collections and expenditures of what is legal machines and not to criminal laws. He further stated if the Bill dealt with criminal laws it should be committed to the Judiciary Committee.
SPEAKER WILKINS stated that the Bill read "it is unlawful... for any person to keep on these premises... any person violating the provisions of this section is guilty of a misdemeanor and upon conviction must be fined not more than $500 or imprisoned for a period of not more than 1 year or both" and asked Rep. Kelley if that was a criminal provision.
Rep. KELLEY argued that the gist of the Bill did not relate to criminal laws.
Rep. SHARPE argued contra.
Rep. WALKER argued that the Bill did not affect a county's ability to raise revenue in the aggregate.
Rep. KELLEY argued contra and stated that the Bill reduced a county's ability to raise revenue under the provisions of Section 12-21-2720(D) which imposes the law that allows counties to raise a maximum of 10% of what the State charges in license fees which amount to $360. He further stated that the Bill changed the counties' authority by limiting the type of machines that can be used in that county.
Rep. DAVENPORT stated that the Bill did not require an owner to remove a machine but merely outlawed cash payments from the machines.
SPEAKER WILKINS stated that the Bill prohibited licenses for the machines after a certain time.
Rep. KELLEY stated that the elimination of the licenses reduced the county's ability to collect fees.
SPEAKER WILKINS stated that he was not convinced the exception concerning criminal laws did not apply because the Bill provided for anyone who violated its provisions to be guilty of a misdemeanor and subject to a fine and imprisonment.
Rep. CAMPSEN argued that the criminal laws exception applied.
SPEAKER WILKINS stated that the criminal laws exception appeared to apply to the Bill.
Rep. KELLEY argued contra that the criminal laws exception did not apply.
Rep. BAXLEY stated that Section 4-9-55 only applied if the Bill affected a county's ability to raise funds in the aggregate. He further stated that the Bill did not reduce a county's ability to raise revenue in the aggregate.
Rep. CAMPSEN stated that the criminal law exception should apply. He further stated that if the criminal law exception did not apply that the Bill did not affect the county's ability to raise revenue in the aggregate. He further stated that the Bill did not affect a county's authority to tax but merely limited the thing that could be taxed.
Rep. KELLEY argued contra.
SPEAKER WILKINS stated that Section 4-9-55(C)(3), the criminal laws exception, applied to the Bill. He further stated that he was overruling the Point of Order and that the two-thirds vote requirement would not apply to the Bill.
Rep. KNOTTS spoke against the Bill.
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:
Allison Altman Bailey Barfield Barrett Baxley Beck Boan Brown, H. Campsen Carnell Cato Chellis Clyburn Cooper Cromer Davenport Delleney Easterday Edge Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harvin Haskins Hawkins Hines, J. Hines, M. Jennings Jordan Kennedy Kinon Kirsh Klauber Koon Lanford Leach Limehouse Littlejohn Loftis Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Moody-Lawrence Mullen Neal Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stoddard Townsend Tripp Trotter Vaughn Walker Webb Wilder Wilkins Witherspoon Young Young-Brickell
Those who voted in the negative are:
Askins Battle Bauer Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Cave Cobb-Hunter Cotty Dantzler Felder Hinson Howard Keegan Kelley Knotts Law Lee Lloyd Mack Miller Pinckney Rodgers Scott Seithel Whatley Whipper Wilkes Woodrum
So, the Bill, as amended, was read the second time and ordered to third reading.
I was unable to be present for the vote on H. 4577. Had I been present, I would have voted for the ban.
Rep. MOLLY M. SPEARMAN
My husband was admitted to hospital in an emergency and I have gone to be with him in his time of need.
Rep. ELSIE RAST STUART
Rep. YOUNG-BRICKELL moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4615 (Word version) -- Reps. G. Brown and Harvin: A CONCURRENT RESOLUTION TO COMMEND AND THANK WADE S. KOLB, JR., OF SUMTER FOR HIS OUTSTANDING SERVICE AS SOLICITOR OF THE THIRD JUDICIAL CIRCUIT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4616 (Word version) -- Reps. Wilkins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND THE SOUTH CAROLINA MEDICAL ASSOCIATION ON THE CELEBRATION OF ITS ONE HUNDRED FIFTY YEARS OF IMPROVING THE HEALTH OF THE CITIZENS OF THIS STATE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1020 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION CONGRATULATING LAUREN LUCAS OF BROOKLAND-CAYCE HIGH SCHOOL OF LEXINGTON COUNTY ON BEING NAMED ONE OF SOUTH CAROLINA'S TOP TWO HIGH SCHOOL STUDENT VOLUNTEERS IN "THE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS" PROGRAM.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4617 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 12-37-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS LIABLE FOR TAXES AND ASSESSMENTS ON REAL ESTATE, SO AS TO PROVIDE THAT A PERSON HAVING A LIFE ESTATE IN REAL ESTATE IS PRIMARILY LIABLE FOR TAXES AND ASSESSMENTS ACCRUING DURING HIS LIFE TENANCY, AND THAT UNPAID TAXES OR ASSESSMENTS ACCRUING DURING A LIFE TENANCY CONSTITUTE A LIEN AGAINST THE REAL ESTATE THAT MAY BE ENFORCED AGAINST THE RIGHTS OF A REMAINDERMAN DURING OR AFTER EXPIRATION OF THE LIFE ESTATE.
Referred to Committee on Ways and Means.
H. 4618 (Word version) -- Rep. Sharpe: A BILL TO AMEND CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT BY ADDING ARTICLE 7, SO AS TO ESTABLISH THE VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE FOR ITS PURPOSES AND THE PROCEDURES UNDER WHICH IT IS TO OPERATE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4619 (Word version) -- Reps. Wilkins, D. Smith, Lanford, Haskins, Harrell, Campsen, Whipper, Kirsh, Mason, Meacham, Young-Brickell, Miller, Wilder, Koon, Littlejohn, Bauer, Easterday, Sandifer, Seithel, Hamilton, T. Brown, Hinson, Delleney, Dantzler, Woodrum, Jordan, Moody-Lawrence, McGee, McKay, Quinn, Simrill, Altman, Felder, Sharpe, Edge, Clyburn, Klauber, Inabinett, Battle, Hawkins, Lloyd, Harrison, Riser and Scott: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 14, THE STATE RETIREMENT SYSTEMS INVESTMENT SAFEGUARDS ACT, SO AS TO AUTHORIZE THE INVESTMENT AND REINVESTMENT OF FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS IN EQUITY SECURITIES OF AMERICAN CORPORATIONS THAT ARE REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATIONS SYSTEMS, TO LIMIT TOTAL EQUITY INVESTMENTS TO NO MORE THAN FORTY PERCENT OF THE MARKET VALUE OF THE ASSETS OF A RETIREMENT SYSTEM, TO ESTABLISH THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, INCLUDING THE DELEGATION OF ITS FUNCTIONS OR THOSE OF THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE FOR THE DEVELOPMENT AND IMPLEMENTATION OF AN ANNUAL INVESTMENT PLAN AND THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD AND THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL IN DEVELOPING AND IMPLEMENTING THE PLAN, TO PROVIDE REPORTING AND DISCLOSURE REQUIREMENTS, TO PRESCRIBE THE DUTIES AND RESPONSIBILITIES OF FIDUCIARIES WITH RESPECT TO THE RETIREMENT SYSTEM, INCLUDING MATTERS RELATING TO CONFLICTS OF INTEREST, EDUCATION REQUIREMENTS, AND INSURANCE AND PROVIDE FOR CIRCUMSTANCES IN WHICH THE FREEDOM OF INFORMATION ACT DOES NOT APPLY WITH RESPECT TO DELIBERATIONS ON THE ANNUAL INVESTMENT PLAN; TO AMEND SECTION 9-1-1310, RELATING TO THE STATE BUDGET AND CONTROL BOARD AS TRUSTEE OF THE STATE RETIREMENT SYSTEM AND AUTHORIZED INVESTMENTS, SO AS SPECIFICALLY TO AUTHORIZE THE FUNDS OF THE RETIREMENT SYSTEM TO BE INVESTED IN EQUITY SECURITIES, AND TO PROVIDE FOR THE SEVERABILITY OF THIS ACT IF ANY PART IS HELD INVALID.
Referred to Committee on Ways and Means.
The following was introduced:
H. 4620 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION CONGRATULATING MRS. LILLIE MCCOY HUCKS ON THE HAPPY OCCASION OF HER SEVENTIETH BIRTHDAY, FEBRUARY 13, 1998.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. YOUNG-BRICKELL moved that the House do now adjourn, which was adopted.
At 4:00 P.M. the House in accordance with the motion of Rep. MASON adjourned in memory of Robert E. Penland of Aiken, to meet at 10:00 A.M. tomorrow.
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