Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
In the rhythm of the changing Seasons, we see Your blueprint for creation and Your guiding hand, good Lord. Remind us each day that You bring all living things to life and that You sustain us in life. You are Lord of clouds and wind, of rain and sunshine. Your are the sovereign God of both nature and human nature. We praise You for our nourishment by the Spring showers and the daily sunshine. Forgive us for our frequent complaining and grumbling; instead give us thankful thoughts as we observe Your love in the blessings of each day that come without number. Be with us "lest we forget, lest we forget." 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 Thursday, the SPEAKER ordered it confirmed.
Rep. YOUNG-BRICKELL moved that when the House adjourns, it adjourn in memory of Mrs. Jamie Myers, the First Lady of Summerville, which was agreed to.
April 5, 1999
Mr. David H. Wilkins, Speaker
508 Blatt Building
Columbia, SC 29201
Dear Speaker Wilkins:
Sincerely,
Andre Bauer
Received as information.
On motion of Rep. QUINN, with unanimous consent, the following was taken up for immediate consideration and accepted:
April 6, 1999
The Honorable Richard Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
There has been a change in location for the annual PSA-sponsored appreciation social and catfish dinner scheduled for 6:00 to 8:30 P.M. on Wednesday, April 14, 1999, for all members of the SC General Assembly and their staff. The event will be held in the Concourse of the Carolina Coliseum. Entry should be made through the gate on the north side-located across from the Koger Center.
Please make this change to the event which has already been confirmed on the legislative calendar. If you need further information, please call Louise Newell at 864-656-3642 or you may reach her by e-mail at [email protected].
Sincerely
John W. Kelly
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 3477 (Word version) -- Reps. Neilson, Seithel, Sharpe, J. Brown, J. Smith, R. Smith, Rhoad, Lucas, Davenport, Lee, Mason, Altman, Keegan,
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
S. 604 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF FUNERAL SERVICE, RELATING TO DEFINITIONS, OFFICERS OF THE BOARD, MEETINGS,LICENSING PROVISIONS, CONTINUING EDUCATION, FEES, AND CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2381, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
On motion of Rep. WEBB, with unanimous consent, the following was taken up for immediate consideration:
H. 3821 (Word version) -- Rep. Webb: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LADY TIGERS BASKETBALL TEAM, COACHES, SUPPORT PERSONNEL, AND OFFICIALS OF CLEMSON UNIVERSITY, ON WEDNESDAY, APRIL 7, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THEIR MAGNIFICENT 1998-99 SEASON.
Be it resolved by the House of Representatives:
The Resolution was adopted.
The following was introduced:
H. 3822 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION EXPRESSING THE APPRECIATION OF THE HOUSE OF REPRESENTATIVES TO RUDOLPH ANDREAS "ANDRE" BAUER FOR HIS EXCELLENT YEARS OF SERVICE TO THE CONSTITUENTS OF HOUSE DISTRICT 85, TO THE HOUSE OF REPRESENTATIVES, ITS ELECTED LEADERSHIP, AND TO THE CITIZENS OF THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO OUR FRIEND AND COLLEAGUE AS HE ASSUMES HIS NEW ELECTED POSITION REPRESENTING DISTRICT 18 OF THE SENATE OF SOUTH CAROLINA.
Whereas, Representative Bauer is a self-employed businessman who graduated from the University of South Carolina in business and who was named Mr. U.S.C. in 1989; and
Whereas, his enthusiasm for being elected to the House of Representatives and his willingness to work hard at his new job were exhibited by Representative Bauer when he was elected the Secretary-Treasurer of the Freshman Caucus in 1997, and when he was elected the Second Vice-Chairman of the Agriculture, Natural Resources and Environmental Affairs Committee; and
Whereas, Andre was elected to the position of First Vice-Chairman of the Agriculture, Natural Resources and Environmental Affairs Committee for this session; and
Whereas, as a lawmaker, he has been a dedicated member of the House of Representatives; he has worked extremely hard for his constituents, he is accessible, and they hear from him regularly; and
Whereas, his dedication to his legislative position was evident as he was the principal sponsor of thirty-seven bills and resolutions in his freshman session; and
Whereas, by sponsoring and marshalling through the legislative process the bill requiring schools to specifically dedicate time to teach about the United States Constitution and the Declaration of Independence, Representative Bauer showed his dedication to the ideals of patriotism, service to one's country and state, and education for our youth of these important principles; and
Whereas, Representative Bauer has made a large impact on the House of Representatives during his service here and he will be greatly missed by all the representatives; and
Whereas, as Representative Bauer now moves over to assume the position of the Senator representing District 18 which encompasses the counties of Newberry and Saluda and portions of Lexington and Union
Whereas, we express our deepest gratitude that we have had the honor and pleasure of being part of the legislative process with him, and our gratitude that Representative Bauer chooses to continue as a public servant and to work for the people of our great State. Now, therefore,
Be it resolved by the members of the House of Representatives that we express the appreciation of the body to Rudolph Andreas "Andre" Bauer for his excellent years of service to the constituents of House District 85, to the House of Representatives, its elected leadership, and to the citizens of the State of South Carolina, and to extend best wishes to our friend and colleague as he assumes his new elected position representing District 18 of the Senate of South Carolina.
The Resolution was adopted.
On motion of Rep. ALLISON, with unanimous consent, the following was taken up for immediate consideration:
H. 3823 (Word version) -- Reps. Allison, Allen, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXTEND
Whereas, the members of the General Assembly are proud to have the opportunity to recognize our current "Miss South Carolina," Wendy Willis of Fountain Inn; and
Whereas, prior to winning the title of "Miss South Carolina," Miss Willis was crowned Miss Camden; and
Whereas, this outstanding and loving young lady is the daughter of Randy and Linda Willis; and
Whereas, Miss Willis graduated Cum Laude from Clemson University in 1996 with a major in speech and communications and a minor in music. During her tenure at Clemson she maintained a 3.66/4.0 Overall GPA, with a 3.97/4.0 Major GPA. She plans to return to Clemson University in the future and earn a Master's Degree in Business Administration; and
Whereas, Miss Willis' other accomplishments include: Miss Clemson University 1993; Opening act for Bob Hope and singing back-up for Barry Manilow; winner of Mastercard American Collegiate Talent Search at Clemson University; and serving on the Board of the Kershaw Center Disabilities Foundation; and
Whereas, Miss Willis' main platform issue is promoting the awareness of and support for the mentally and physically challenged. She feels that despite the Americans with Disability Act, adults with mental and physical disabilities continue to face barriers in American work places and neighborhoods, both attitudinal and physical barriers are preventing individuals with disabilities from working and living in our communities as we do. She has promoted this platform issue by raising $79,473 and devoted 873 hours for these individuals' special needs; adopting a multi-handicapped child (Christopher) and meeting his special needs to help him become a "winner" and reach his full potential as a member of society; and in collaboration with the
Whereas, Miss Willis is presently employed as Director of Community Relations for BI-LO Center; and
Whereas, Miss Willis' aspirations for the future are to pursue a career in the sports and entertainment industry; and
Whereas, Wendy Willis is not only brilliant in the academic sphere, she is also a caring and generous human being of deeply-rooted family values and impeccably high standards; and
Whereas, we are extremely proud of Wendy Willis and are delighted to recognize our "Miss South Carolina" who is a goodwill ambassador and role model for our State and a representative of the Palmetto State who is making a difference. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, extend their best wishes and heartfelt congratulations to our current "Miss South Carolina," Wendy Willis of Fountain Inn, on the special occasion of "Miss South Carolina Appreciation Day."
Be it further resolved that a copy of this resolution be presented to "Miss South Carolina," Wendy Willis.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3824 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF CHIROPRACTIC EXAMINERS,
H. 3825 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF NURSING, RELATING TO DEFINITION OF ORIENTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2421, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3826 (Word version) -- Rep. Battle: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-505, SO AS TO PROVIDE FOR THE OFFENSE OF SELLING OR HOLDING FOR SALE A PACKAGE OF CIGARETTES THAT VIOLATES FEDERAL LAW IN REGARD TO LABELS, PACKAGING, OR OTHER REQUIREMENTS, TO PROVIDE THAT THE ATTORNEY GENERAL MAY SEIZE AND DESTROY THE ILLEGAL PACKAGE, TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY REVOKE THE LICENSE TO SELL TOBACCO OF A PERSON WHO SELLS ILLEGAL CIGARETTE PACKAGES, TO PROVIDE THAT SELLING CIGARETTE PACKAGES IN VIOLATION OF THIS SECTION IS AN UNFAIR TRADE PRACTICE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary
H. 3827 (Word version) -- Reps. W. McLeod and Wilder: A BILL TO AMEND SECTIONS 9-1-1140, 9-9-50, AND 9-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO
H. 3828 (Word version) -- Reps. Witherspoon, Sharpe and Hayes: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 30, SO AS TO ESTABLISH THE TOBACCO INDEMNIFICATION AND COMMUNITY REVITALIZATION COMMISSION AND FUND, AND TO PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND TO PROVIDE FOR THE DISTRIBUTION OF THE MONIES RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT WITH TOBACCO PRODUCT MANUFACTURERS; AND TO AMEND TITLE 44, RELATING TO HEALTH, BY ADDING CHAPTER 126, SO AS TO ESTABLISH THE SOUTH CAROLINA TOBACCO SETTLEMENT FOUNDATION AND FUND AND TO PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND THE DISTRIBUTION OF MONIES RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT WITH THE TOBACCO PRODUCT MANUFACTURERS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3829 (Word version) -- Reps. Klauber, Carnell, Clyburn, W. McLeod, Parks, Stille, Taylor and Wilder: A BILL TO AMEND SECTION 43-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE GLEAMNS HUMAN RESOURCES COMMISSION, SO AS TO PROVIDE THAT COMMISSION MEMBERS MUST BE APPOINTED BY THE GOVERNING BODIES OF THE COUNTIES PARTICIPATING IN THE COMMISSION.
On motion of Rep. KLAUBER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3830 (Word version) -- Rep. Cato: A BILL TO AMEND ARTICLE 1, CHAPTER 43 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVISIONS OF LAW GOVERNING THE LICENSING AND REGULATION OF
H. 3831 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 57-25-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE REMOVAL OF OUTDOOR ADVERTISING SIGNS, SO AS TO PROVIDE THAT COMPENSATION FOR THIS PURPOSE IS CONSIDERED TO BE FAIR MARKET VALUE OF THE PARTICULAR INTEREST OF EACH PARTY HAVING AN INTEREST IN THE LOCATION OF THE SIGN WHICH SHALL BE DETERMINED THROUGH APPRAISAL METHODS USED TO DETERMINE JUST COMPENSATION UNDER THE EMINENT DOMAIN PROCEDURE ACT, TO FURTHER PROVIDE FOR THE MANNER IN WHICH COMPENSATION MUST BE PAID PRIOR TO THE REMOVAL OF SUCH SIGNS, AND TO PROVIDE THAT NO POLITICAL SUBDIVISION OF THIS STATE MAY REQUIRE THE REMOVAL OF AN EXISTING SIGN FOR REASONS OTHER THAN TRAFFIC SAFETY OR PROXIMITY TO SPECIFIED LOCATIONS; AND TO ADD SECTION 57-25-191 SO AS TO PROVIDE FOR ADDITIONAL PROCEDURAL REQUIREMENTS IN REGARD TO THE ENACTING OF ZONING PLANS OR ORDINANCES BY A POLITICAL SUBDIVISION RELATING TO OUTDOOR ADVERTISING SIGNS.
Referred to Committee on Education and Public Works
H. 3832 (Word version) -- Rep. Townsend: A BILL TO AMEND ARTICLE 1, CHAPTER 111, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATIONAL SCHOLARSHIPS AND LOANS, BY ADDING SECTION 59-111-70 SO AS TO PROVIDE FOR GARNISHMENT OF THE WAGES OF AN INDIVIDUAL WHO DEFAULTS ON A STUDENT LOAN
H. 3833 (Word version) -- Rep. Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-75 SO AS TO PROVIDE FOR ELECTRONIC COLLECTION OF REVENUES BY A STATE AGENCY PURSUANT TO A CONTRACT NEGOTIATED AND ENTERED INTO BY THE STATE TREASURER ON BEHALF OF THE AGENCY.
Referred to Committee on Ways and Means
H. 3834 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTION 2-7-76, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISCAL IMPACT STATEMENTS FOR PROPOSED LEGISLATION AFFECTING COUNTIES OR MUNICIPALITIES, SO AS TO REQUIRE THE ACQUISITION OF A FISCAL IMPACT STATEMENT FROM THE "BOARD OF ECONOMIC ADVISORS" INSTEAD OF FROM THE "DEPARTMENT OF REVENUE" AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICATION OF THE INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO ADOPT APPLICATION OF THE INTERNAL REVENUE CODE AS AMENDED THROUGH TAXABLE YEAR 1998; TO AMEND SECTION 12-6-1120, AS AMENDED, RELATING TO COMPUTATION OF GROSS INCOME FOR STATE TAX PURPOSES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3410, RELATING TO INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO PROVIDE FOR DETERMINING
H. 3835 (Word version) -- Rep. Robinson: A BILL TO AMEND ARTICLE 1, CHAPTER 54, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND ENFORCEMENT OF TAXES LEVIED BY THE DEPARTMENT OF REVENUE, BY ADDING SECTIONS 12-54-43 SO AS TO PROVIDE FOR CIVIL PENALTIES AND 12-54-44 SO AS TO PROVIDE FOR CRIMINAL PENALTIES; TO AMEND SECTIONS 4-12-30, AS AMENDED, AND 4-29-67, AS AMENDED, BOTH RELATING TO A PROJECT PAYING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO DEFINE "REPLACEMENT PROPERTY" AS REPLACING THE OLDEST PROPERTY IN THE
H. 3836 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTION 4-10-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIDENTIFIED LOCAL OPTION SALES TAX REVENUES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 4-10-330, RELATING TO LOCAL CAPITAL PROJECT SALES TAX, SO AS TO CHANGE THE REFERENDUM CERTIFICATION DATE FROM DECEMBER THIRTY-FIRST TO NOVEMBER THIRTIETH; TO AMEND SECTION 4-10-350, RELATING TO THE ADMINISTRATION AND COLLECTION OF LOCAL SALES TAX, SO AS TO DELETE REFERENCES TO MUNICIPALITIES; TO AMEND SECTION 4-10-360, RELATING TO LOCAL SALES TAX REVENUES AND MISALLOCATIONS, SO AS TO PROVIDE FOR PROSPECTIVE CORRECTION OF A MISALLOCATION RESULTING FROM A LOCAL CODE ERROR; TO AMEND ARTICLE 3, CHAPTER 10, TITLE 4, RELATING TO LOCAL SALES TAX, BY ADDING SECTION 4-10-380 SO AS TO PROVIDE FOR DISTRIBUTION OF UNIDENTIFIED LOCAL
S. 70 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM BANKRUPTCY PROCEEDINGS OR ATTACHMENT, LEVY, AND SALE, SO AS TO EXEMPT INDIVIDUAL RETIREMENT ACCOUNTS, INDIVIDUAL RETIREMENT ANNUITIES, AND INDIVIDUAL RETIREMENT TRUSTS.
Referred to Committee on Judiciary
S. 509 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 9-1-1670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF AN ERROR IN RECORDS OF THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR CORRECTION OF AN ERROR WITHIN TWO YEARS OF ITS COMMISSION UPON WRITTEN CERTIFICATION OF THE ERROR AND CORRECTION OF ITS RECORDS BY THE EMPLOYER, AND TO PROVIDE THAT THE TWO-YEAR LIMIT DOES NOT APPLY TO PENDING REQUESTS FOR CORRECTION.
Referred to Committee on Ways and Means
S. 526 (Word version) -- Senators Land, McGill, Saleeby, Hayes, Moore, Rankin, Gregory and Peeler: A BILL TO AMEND SECTIONS 41-31-390, AS AMENDED, AND 41-31-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO WARRANTS OF EXECUTION FOR THE COLLECTION OF DEFAULT PAYMENTS OWED TO THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO LEVY UPON THE PROPERTY SECURING THE WARRANT FOR NONPAYMENT OF CONTRIBUTIONS, INTEREST, PENALTIES, ASSESSMENTS, AND COSTS AND TO CONTRACT WITH A COLLECTION AGENCY FOR THE PURPOSE OF COLLECTING DELINQUENT PAYMENTS, TO REQUIRE THE COMMISSION TO FILE A COPY OF THE EXECUTION WITH THE CLERK OF COURT IN THE COUNTIES IN WHICH THE DELINQUENT EMPLOYER DOES BUSINESS, AND TO PROVIDE THAT THE POWERS CONFERRED UPON THE DEPARTMENT OF REVENUE FOR THE COLLECTION OF UNPAID INCOME
S. 660 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 43-35-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADULT PROTECTION, SO AS TO PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES, NEGLECTS, OR EXPLOITS A VULNERABLE ADULT IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN FIVE YEARS, TO FURTHER PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES OR NEGLECTS A VULNERABLE ADULT RESULTING IN GREAT BODILY INJURY IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN FIFTEEN YEARS, AND TO FURTHER PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES OR NEGLECTS A VULNERABLE ADULT RESULTING IN DEATH IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN THIRTY YEARS; TO AMEND SECTION 16-1-90, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO PROVIDE THAT ABUSE, OR NEGLECT OF A VULNERABLE ADULT RESULTING IN DEATH IS A CLASS A FELONY, TO FURTHER PROVIDE THAT ABUSE OR NEGLECT OF A VULNERABLE ADULT RESULTING IN GREAT BODILY INJURY IS A CLASS D FELONY, AND TO FURTHER PROVIDE THAT ABUSE, NEGLECT, OR EXPOITATION OF A VULNERABLE ADULT IS A CLASS F FELONY; AND TO ADD SECTION 16-3-1050, SO AS TO PROVIDE PENALTIES FOR ABUSE, NEGLECT, OR EXPLOITATION OF A VULNERABLE ADULT.
Referred to Committee on Judiciary
The following was introduced:
H. 3837 (Word version) -- Reps. Cato, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan,
The following was introduced:
H. 3838 (Word version) -- Rep. Webb: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTY CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE LIONS OF DANIEL HIGH SCHOOL IN CENTRAL, SOUTH CAROLINA, ON WINNING THE 1998 CLASS AAA STATE FOOTBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. WALKER, with unanimous consent, the following was taken up for immediate consideration:
H. 3839 (Word version) -- Rep. Walker: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO A DELEGATION OF STUDENTS,
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to a delegation of students, parents, and officials from the O.P. Earle Elementary School in Landrum, South Carolina, at a date and time to be determined by the Speaker, for the purpose of being recognized and honored by the members of the House of Representatives.
The Resolution was adopted.
The following was introduced:
H. 3840 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE O. P. EARLE ELEMENTARY SCHOOL IN LANDRUM, SOUTH CAROLINA, FOR ITS EXTREMELY SUCCESSFUL EFFORTS IN EDUCATING ITS STUDENTS WHICH HAVE RESULTED IN THE SCHOOL BEING SINGLED OUT WITH AWARDS AND ACCOLADES BY THE STATE DEPARTMENT OF EDUCATION AND THE INTERNATIONAL READING ASSOCIATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3841 (Word version) -- Reps. Harvin and M. McLeod: A CONCURRENT RESOLUTION SALUTING THE CLARENDON COUNTY STRIPED BASS FESTIVAL ON THE OCCASION OF THE FESTIVAL'S TWENTIETH ANNIVERSARY (TO BE HELD THIS YEAR FROM APRIL 9-18, 1999), AND WISHING MANY MORE
The following was introduced:
H. 3842 (Word version) -- Rep. Webb: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE CLEMSON UNIVERSITY "LADY TIGERS" WOMEN'S BASKETBALL TEAM FOR THEIR MANY ACCOMPLISHMENTS DURING THE STELLAR 1998-99 SEASON, AND FOR MAKING CLEMSON UNIVERSITY WOMEN'S BASKETBALL HISTORY BY ENDING THE SEASON AS THE HIGHEST RANKED TEAM IN THE SCHOOL'S HISTORY WITH A #10 RANKING IN THE FINAL ASSOCIATED PRESS POLL, AND A # 13 RANKING IN THE FINAL USA TODAY POLL, TO RECOGNIZE HEAD COACH JIM DAVIS AND HIS STAFF FOR THE EXCEPTIONAL SEASON, AND TO SPECIFICALLY RECOGNIZE THE TEAM'S SENIOR CLASS AS THESE FOUR LADIES COMPRISE THE WINNINGEST CLASS IN CLEMSON UNIVERSITY WOMEN'S BASKETBALL HISTORY.
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:
Allen Altman Bailey Bales Barfield Barrett Battle Beck Bowers Breeland Brown G. Brown H. Brown J. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Edge Fleming Gamble Gilham Gourdine Govan Hamilton Harrell Harvin
Haskins Hawkins Hayes Hines J. Hines M. Hinson Inabinett Jennings Keegan Kelley Kennedy Kirsh Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Maddox Martin Mason McCraw McGee McKay McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neilson Ott Parks Phillips Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith D. Smith J. Smith R. Stille Stuart Taylor Townsend Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, April 6.
Merita Allison Harry Askins Ralph Canty Eldridge Emory Fletcher Smith Anthony Harris James Harrison Leon Howard James Klauber Steve Lanford Joseph Neal Clementa Pinckney Richard Quinn Theodore Brown Daniel Tripp Jackson Whipper
The SPEAKER granted Rep. MACK a leave of absence for the day due to illness.
The SPEAKER granted Rep. COTTY a leave of absence for the day due to an out of town commitment.
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. 3356 (Word version)
Date: ADD:
04/06/99 KLAUBER
Bill Number: H. 3356 (Word version)
Date: ADD:
04/06/99 HAWKINS
Bill Number: H. 3356 (Word version)
Date: ADD:
04/06/99 W. MCLEOD
Bill Number: H. 3734 (Word version)
Date: ADD:
04/06/99 ALLEN
Bill Number: H. 3828 (Word version)
Date: REMOVE:
04/06/99 RHOAD
The following Bill was taken up:
H. 3777 (Word version) -- Reps. R. Smith, Clyburn and Mason: A BILL TO PROVIDE FOR THE AUTHORIZED TAX MILLAGE FOR THE OPERATION OF THE SCHOOL DISTRICT OF AIKEN COUNTY BEGINNING WITH THE YEAR 1999, AND TO REPEAL ACT 268 OF 1989 AND ACT 579 OF 1994 RELATING TO AUTHORIZED TAX MILLAGE FOR THE SCHOOL DISTRICT OF AIKEN COUNTY.
Reps. R. SMITH, MASON and CLYBURN proposed the following Amendment No. 1 (Doc Name DKA\AMEND\3382STD99), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Notwithstanding any other provision of law, for the year 1999, a tax millage of up to ninety-seven mills is authorized to be levied for the operations of the school district of Aiken County as determined by the governing board of the district. /
Amend title to conform.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3531 (Word version) -- Reps. Harrison and Wilkins: A BILL TO AMEND SECTION 41-29-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE EMPLOYMENT SECURITY COMMISSION AND THEIR TERMS, SO AS TO PROVIDE THAT EACH OFFICE IS SEPARATE AND NUMBERED, AND TO PROVIDE THAT ELECTIONS MUST BE FOR A SPECIFIC, NUMBERED SEAT ON THE COMMISSION.
The following Bill was taken up:
H. 3398 (Word version) -- Reps. Robinson, Kelley, Simrill, H. Brown, Sandifer, Fleming, Easterday, McKay, Rice, Leach, D. Smith, Hamilton, Klauber, Trotter, Haskins, Harrison, Vaughn and Barrett: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARDING OF ATTORNEY'S FEES IN STATE INITIATED ACTIONS, SO AS TO FURTHER PROVIDE FOR THE AWARDING OF ATTORNEY'S FEES IN SUCH ACTIONS AND IN ADMINISTRATIVE PROCEEDINGS; AND TO AMEND SECTION 15-77-310, RELATING TO PETITIONING FOR ATTORNEY'S FEES, SO AS TO REVISE THE TIME WITHIN WHICH THE PREVAILING PARTY MUST PETITION FOR ATTORNEY'S FEES AND TO PERMIT A PETITION FOR ATTORNEY'S FEES IN ADMINISTRATIVE ACTIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20347SD99):
Amend the bill, as and if amended, in Section 15-77-300 of the 1976 Code as contained in SECTION 1, page 1, line 34, by inserting /Administrative Law Judge Division,/ after /officer,/
When amended Section 15-77-300 shall read:
"Section 15-77-300. In any civil action or administrative proceeding brought by or against the State, any or a political subdivision or agency of the State, or in a civil action where any party who is contesting state action, unless the prevailing party is the State or
(1) The court finds that the agency or losing party acted without substantial justification in pressing its claim against the prevailing party or the state action; and
(2) The court finds that there are no special circumstances that would make the award of attorney's fees unjust.
The provisions of this section do not apply to civil actions relating to the establishment of public utility rates, disciplinary actions by state licensing boards, habeas corpus or post conviction relief actions, child support actions, except as otherwise provided for herein, and child abuse and neglect actions, except as provided by law."
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY moved to adjourn debate on the amendment, which was agreed to.
Reps. EASTERDAY and HARRISON proposed the following Amendment No. 2 (Doc Name KGH\AMEND\15519SD99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 15-77-300 of the 1976 Code is amended to read:
"Section 15-77-300. In any civil action brought by the State, any political subdivision of the State or any party who is contesting state action, unless the prevailing party is the State or any political subdivision of the State, the court may allow the prevailing party to recover reasonable attorney's fees to be taxed as court costs against the appropriate agency if:
(1) The court finds that the agency acted without substantial justification in pressing its claim against the party; and
(2) The court finds that there are no special circumstances that would make the award of attorney's fees unjust.
In any civil action or administrative proceeding, a prevailing private party may be awarded attorney's fees against the State, or a
(1) the State, or a political subdivision or agency of the state, acted without substantial justification in bringing or defending its claims against the prevailing private party; and
(2) there are no special circumstances that would make the award of attorney's fees unjust.
The provisions of this section do not apply to civil actions relating to the establishment of public utility rates, disciplinary actions by state licensing boards, habeas corpus or post conviction relief actions, child support actions, except as otherwise provided for herein, and child abuse and neglect actions, except as provided by law."
SECTION 2. Section 15-77-310 of the 1976 Code is amended to read:
"Section 15-77-310. The A private party entitled to attorney's fees shall petition for the attorney's fees within thirty days following the later of:
(1) final disposition of the case.; or
(2) the issuance of a final administrative decision.
The petition must be supported by an affidavit setting forth the basis for the request."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY explained the amendment.
The amendment was then adopted.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\20347SD99), which was tabled.
Amend the bill, as and if amended, in Section 15-77-300 of the 1976 Code as contained in SECTION 1, page 1, line 34, by inserting /Administrative Law Judge Division,/ after /officer,/
When amended Section 15-77-300 shall read:
"Section 15-77-300. In any civil action or administrative proceeding brought by or against the State, any or a political subdivision or agency of the State, or in a civil action where any party who is contesting state action, unless the prevailing party is the State or any a political subdivision or agency of the State, the court, chief
(1) The court finds that the agency or losing party acted without substantial justification in pressing its claim against the prevailing party or the state action; and
(2) The court finds that there are no special circumstances that would make the award of attorney's fees unjust.
The provisions of this section do not apply to civil actions relating to the establishment of public utility rates, disciplinary actions by state licensing boards, habeas corpus or post conviction relief actions, child support actions, except as otherwise provided for herein, and child abuse and neglect actions, except as provided by law."
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY moved to table the amendment, which was agreed to.
Rep. W. MCLEOD spoke against the Bill.
Rep. W. MCLEOD moved to table the Bill, which was not agreed to by a division vote of 9 to 62.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
S. 620 (Word version) -- Senators Martin, J. Verne Smith, Bryan, Giese, Leventis, Wilson, Alexander, Waldrep and Courson: A JOINT RESOLUTION TO PROHIBIT THE DEPARTMENT OF PUBLIC SAFETY FROM SELLING, OR OTHERWISE FURNISHING, SOCIAL SECURITY NUMBERS, DIGITIZED PHOTOGRAPHS, AND DIGITIZED SIGNATURES, AND TO PROHIBIT ANY PRIVATE PERSON OR ENTITY FROM USING AN ELECTRONICALLY-STORED VERSION OF THE PHOTOGRAPH, SOCIAL SECURITY NUMBER, OR SIGNATURE OF ANY PERSON FOR ANY PURPOSE, WHEN SUCH ELECTRONICALLY-STORED
Reps. KLAUBER and HAWKINS proposed the following Amendment No. 1 (Doc Name GGS\AMEND\22261CM99), which was adopted.
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. (A) The Department of Public Safety may not sell, provide, or furnish to a private party a person's height, weight, race, social security number, photograph, or signature in any form that has been compiled for the purpose of issuing the person a driver's license or special identification card. The department shall not release to a private party any part of the record of a person under fifteen years of age who has applied for or has been issued a special identification card.
(B) A person's height, weight, race, photograph, signature, and digitized image contained in his driver's license or special identification card record are not public records.
(C) Notwithstanding another provision of law, a private person or private entity shall not use an electronically-stored version of a person's photograph, social security number, height, weight, race, or signature for any purpose, when the electronically-stored information was obtained from a driver's license record.
SECTION 2. The provisions contained in Section 1 are effective for a period of twenty-five years unless the period is extended by the General Assembly.
SECTION 3. This joint resolution takes effect upon approval by the Governor. /
Amend title to conform.
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3356 (Word version) -- Reps. Limehouse, Harrell, Seithel, Fleming, Altman, Campsen, Vaughn, McCraw, Harrison, Wilkins, Barrett, Sandifer, Easterday, McGee, Rice, Simrill, Klauber, Hawkins and W. McLeod: A BILL TO AMEND CHAPTER 4 OF TITLE 30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, SO AS TO PROHIBIT THE SALE BY A PUBLIC BODY OF ANY RECORDS, PUBLIC OR OTHERWISE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11276MM99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 4, Title 30 of the 1976 Code is amended by adding:
"Section 30-4-160. (A) This chapter does not allow the Department of Public Safety to sell, provide, or otherwise furnish to a private party personal information on height, weight, and race or Social Security numbers in its records or copies of photographs or signatures, whether digitized or not, taken for the purpose of a driver's license or personal identification card. The department may not release any part of the identification record of a child younger than fifteen years of age to a private party.
(B) Records of height, weight, and race and photographs, signatures, and digitized images from a driver's license or personal identification card are not public records."
SECTION 2. Chapter 3, Title 56 of the 1976 Code is amended by adding:
"Section 56-3-545. (A) The Department of Public Safety may not sell, provide, or otherwise furnish to a private party personal information on height, weight, or race, Social Security numbers, copies of photographs or signatures, whether digitized or not, taken for the purpose of a driver's license or personal identification card. The department may not release any part of the identification record of a child younger than fifteen years of age to a private party.
(B) Records of height, weight, and race and photographs, signatures, and digitized images from a driver's license or personal identification card are not public records.
(C) Notwithstanding any other provision of law, a private person may not use an electronically stored version of the photograph, Social Security number, height, weight, race, or signature of a person for any purpose if the electronically stored information was obtained from a driver's license record.
SECTION 3. This act takes affect upon approval by the Governor. /
Amend title to conform.
Rep. HAWKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3790 (Word version) -- Reps. Rhoad, Carnell, Neilson, Hayes, Lloyd, Knotts, Bowers, Taylor, Wilder, Ott, McCraw, Witherspoon, W. McLeod, Koon, Barrett, Miller, Battle, Bailey, Phillips, Cotty, Rutherford, Keegan, Delleney, J. Brown, D. Smith, Gourdine and Whatley: A BILL TO AMEND SECTION 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER UNDER PARTICULAR OPTIONS TO RECEIVE A FULL RETIREMENT ALLOWANCE RATHER THAN A REDUCED ALLOWANCE UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 9-11-210, AS AMENDED, RELATING TO CONTRIBUTIONS TO THE SYSTEM, SO AS TO INCREASE THE EMPLOYEE CONTRIBUTIONS OF CLASS ONE AND CLASS TWO MEMBERS BY EIGHTY-NINE HUNDREDTHS OF ONE PERCENT TO OFFSET THE ACTUARIAL COST OF THE ABOVE PROVISION.
Rep. RISER moved to commit the Bill to the Committee on Ways and Means, which was agreed to.
The following Bill was taken up:
H. 3509 (Word version) -- Reps. Simrill, Mason, Robinson, Moody-Lawrence, Altman, Davenport, Hamilton, Kirsh, Leach, Meacham, Sandifer and Neal: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING ARTICLE 2, ENTITLED THE "PERSONAL FINANCIAL SECURITY ACT" SO AS TO PROVIDE FOR THE OFFENSE OF FINANCIAL IDENTITY FRAUD AND PENALTIES FOR VIOLATION; AND TO FURTHER AMEND CHAPTER 13, TITLE 16 BY DESIGNATING SECTION 16-13-10 THROUGH 16-13-490 AS ARTICLE 1 OF THAT CHAPTER.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\9061SOM99), which was adopted.
Amend the bill, as and if amended, Section 16-13-510(D) as contained in SECTION 1, page 2, line 18, by striking /five/ and inserting /ten/ so that when amended (D) shall read:
/(D) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. The court may order restitution to the victim pursuant to the provisions of Section 17-25-322./
Amend title to conform.
Rep. SIMRILL explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3500 (Word version) -- Reps. Hawkins, Klauber and Fleming: A BILL TO AMEND SECTION 7-13-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF A
Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 36 (Word version) -- Senators Waldrep, Elliott, Ryberg and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-20-25 SO AS TO REQUIRE A PERSON SERVING IN AN OFFICE ELECTED BY THE GENERAL ASSEMBLY WHO IS NOT SEEKING REELECTION TO GIVE WRITTEN NOTICE OF SUCH TO THE JOINT COMMITTEE FOR THE REVIEW OF CANDIDATES.
Rep. PHILLIPS 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. 3547 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976 RELATING TO COLLECTION AND PROSECUTION PROCEDURES FOR CHECKS DRAWN WITH INSUFFICIENT FUNDS ON DEPOSIT, SO AS TO INCREASE THE
Rep. EASTERDAY explained the Bill.
Rep. EASTERDAY 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. 3807 (Word version) -- Reps. Inabinett, Bailey, Beck, Breeland, J. Brown, Emory, J. Hines, M. Hines, Lee, Littlejohn, Lloyd, Mack, Neal, Phillips, Pinckney, Rhoad, Rutherford, Stuart and Whipper: A BILL TO AMEND SECTION 12-21-3920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE BINGO TAX ACT, SO AS TO PROVIDE DIFFERENT HOURS FOR A SESSION OF BINGO FOR A CLASS C LICENSEE ADVERTISING AND OPERATING THE GAME FOR SENIOR CITIZENS; AND TO AMEND SECTION 12-21-4020, AS AMENDED, RELATING TO THE CLASSES OF BINGO LICENSES, SO AS TO PROVIDE SPECIFIC HOURS FOR A SESSION OF BINGO FOR A CLASS C LICENSEE OPERATING THE GAME FOR SENIOR CITIZENS.
Rep. HASKINS proposed the following Amendment No. 1 (Doc Name H-PROTEM\AMEND\TEHBINGO):
Amend the bill, as and if amended, by inserting at the end of Section 12-21-3990 (A) the following:
(7) the use of electronic gaming equipment of any type is strictly prohibited.
Renumber sections to conform.
Amend totals and title to conform.
Rep. HASKINS explained the amendment.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up:
H. 3809 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIO ON "ALL OTHER PERSONAL PROPERTY", SO AS TO CREATE A NEW PROPERTY TAX CLASSIFICATION CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY INCLUDING PASSENGER MOTOR VEHICLES, RECREATIONAL VEHICLES, PICKUP TRUCKS, TRAILERS, MOTORCYCLES, BOATS, AND PRIVATE AIRCRAFT, AND EXCLUDING UNITS OF MANUFACTURED HOUSING AND COMMERCIALLY OPERATED AIRCRAFT, ALL AS DEFINED BY LAW, AND PROVIDING AN ASSESSMENT RATIO FOR THIS NEW CLASS EQUAL TO NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE DECLINING OVER SIX YEARS TO A PERMANENT RATE OF SIX PERCENT AND TO PROVIDE EFFECTIVE DATES.
Reps. H. BROWN, R. SMITH, WOODRUM, WALKER, HASKINS, RISER, MCKAY, BARRETT, RICE, MASON, SANDIFER and KELLEY requested debate on the Joint Resolution.
The following Joint Resolution was taken up:
H. 3815 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO PROVIDE THE LANGUAGE FOR THE EXPLANATION OF THE CONSTITUTIONAL BALLOT COMMISSION FOR THE AMENDMENT TO THE CONSTITUTION OF THIS STATE PROPOSED PURSUANT TO H. 3809 OF 1999.
The following Joint Resolution was taken up:
H. 3812 (Word version) -- Reps. Loftis, Cato, Hamilton, Haskins, Leach, Tripp and Vaughn: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM IN THE GREENVILLE COUNTY SCHOOL DISTRICT TO BE HELD AT THE SAME TIME AS THE 2000 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED VOTERS OF THE GREENVILLE COUNTY SCHOOL DISTRICT FAVOR ELECTING THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT IN PARTISAN ELECTIONS BEGINNING WITH THE GENERAL ELECTION OF 2002; TO PROVIDE THAT IF THE CERTIFIED RESULTS OF THE REFERENDUM FAVOR THE ELECTION OF THE BOARD OF TRUSTEES IN PARTISAN ELECTIONS, THAT THE ELECTION OF SCHOOL TRUSTEES CONDUCTED AT THE SAME TIME AS THE GENERAL ELECTION OF 2002 WILL BE PARTISAN; TO PROVIDE THAT IF THE CERTIFIED RESULTS OF THE REFERENDUM FAVOR PARTISAN ELECTIONS, SECTION 1 OF ACT 521 OF 1992 IS REPEALED UPON CERTIFICATION OF THE RESULTS OF THAT REFERENDUM, AND TO PROVIDE FOR THE STRUCTURE AND PROCEDURE FOR ELECTION OF THE BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT FROM THAT DATE ON.
Rep. MCMAHAND made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3482 (Word version) -- Reps. Kelley, Altman, Bales, J. Brown, Cooper, Edge, Keegan, Miller, Sandifer and Witherspoon: A BILL TO AMEND SECTION 6-1-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERMITTED USES OF REVENUES FROM THE LOCAL HOSPITALITY TAX, SO AS TO CLARIFY THAT THE USE OF THESE REVENUES FOR CULTURAL, RECREATIONAL, OR HISTORIC FACILITIES IS LIMITED TO SUCH FACILITIES SUBSTANTIALLY USED OR VISITED BY TOURISTS.
Rep. KENNEDY 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.
Rep. CATO asked unanimous consent to recall H. 3811 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. SHEHEEN objected.
Rep. RICE moved that the House recur to the morning hour, which was agreed to.
On motion of Rep. WEBB, with unanimous consent, the following was taken up for immediate consideration:
H. 3843 (Word version) -- Rep. Webb: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE COMPETITIVE CHEER SQUAD, COACHES, SUPPORT PERSONNEL, AND OFFICIALS OF DANIEL HIGH SCHOOL OF CENTRAL, SOUTH CAROLINA, ON WEDNESDAY, APRIL 14, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the competitive cheer squad, coaches, support personnel, and officials of Daniel High School of Central, South Carolina, on Wednesday, April 14, 1999, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1998 Class AAA state competition.
The Resolution was adopted.
On motion of Rep. WEBB, with unanimous consent, the following was taken up for immediate consideration:
H. 3844 (Word version) -- Rep. Webb: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE CROSS COUNTRY TEAM, COACHES, SUPPORT PERSONNEL, AND OFFICIALS OF DANIEL HIGH SCHOOL OF CENTRAL, SOUTH CAROLINA, ON WEDNESDAY, APRIL 14, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1998 CLASS AAA STATE CROSS COUNTRY CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the cross country team, coaches, support personnel, and officials of Daniel High School of Central, South Carolina, on Wednesday, April 14, 1999, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1998 Class AAA state cross country championship.
The Resolution was adopted.
On motion of Rep. WEBB, with unanimous consent, the following was taken up for immediate consideration:
H. 3845 (Word version) -- Rep. Webb: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE FOOTBALL TEAM, COACHES, SUPPORT PERSONNEL, AND OFFICIALS OF DANIEL HIGH SCHOOL OF CENTRAL, SOUTH CAROLINA, ON WEDNESDAY, APRIL 14, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1998 CLASS AAA STATE FOOTBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the football team, coaches, support personnel, and officials of Daniel High School of Central, South Carolina, on Wednesday, April 14, 1999, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1998 Class AAA state football championship.
The Resolution was adopted.
On motion of Rep. MCGEE, with unanimous consent, the following was taken up for immediate consideration:
H. 3846 (Word version) -- Reps. McGee and McKay: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF JUNE OF EACH YEAR AS OBESITY AWARENESS MONTH IN SOUTH CAROLINA.
Whereas, a causal relationship exists between obesity and a number of serious disorders, including hypertension, dyslipidemia, cardiovascular disease, type-two diabetes, gallbladder disease, respiratory dysfunction, gout, and osteoarthritis; and
Whereas, the National Institute of Diabetes and Digestive and Kidney Diseases provides information which indicates that nearly eighty
Whereas, the information also reveals that nearly seventy percent of diagnosed cases of cardiovascular disease are related to obesity, obesity more than doubles a person's chances of developing high blood pressure, almost half of breast cancer cases are diagnosed among obese women, and forty-two percent of colon cancer cases are among obese individuals; and
Whereas, obesity ranks second only to smoking as a preventable cause of death and results in some three hundred thousand deaths annually; and
Whereas, it is estimated that thirty-five percent of the adult population is obese, and the prevalence of obesity grew a shocking thirty-four percent in the last ten years; and
Whereas, a 1997 study by Kaiser Permanente indicated that the total direct costs of obesity-related disease in the United States in 1990 was 45.8 billion dollars; and
Whereas, the Kaiser study concluded that there is a significant potential for a reduction in health care expenditures through obesity prevention efforts; and
Whereas, there is an urgent need for state health care groups and medical societies to place obesity at the top of South Carolina's health care agenda; and
Whereas, many physicians do not treat obesity because they mistakenly believe there is no treatment for it; and
Whereas, the National Institute of Health, the American Society for Bariatric Surgery, and the American Obesity Association recommend that patients who are morbidly obese receive responsible, affordable medical treatment for their obesity; and
Whereas, the diagnosis of morbid obesity should be a clinical decision made by a physician based on proper medical protocols; and
Whereas, the new breakthroughs in obesity treatment are not widely known and efforts must be made to inform the general public and health care professionals that pharmacotherapy can be used as an effective and cost-effective treatment for obesity; and
Whereas, there also is great concern regarding the effect obesity in children may have on their overall health, health care costs, and treatment; and
Whereas, making June of each year Obesity Awareness Month in South Carolina, is critical to raise the awareness of the public and private sectors that obesity is a treatable disease and that proper treatment will reduce health care costs and improve the quality of life for many of our citizens. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly declare the month of June of each year as Obesity Awareness Month in South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3847 (Word version) -- Reps. Harris and Jennings: A CONCURRENT RESOLUTION TO CONGRATULATE B. C. MOORE AND SONS, INC. OF CHERAW FOR MORE THAN SEVENTY-FIVE YEARS OF EXCELLENCE IN RETAIL BUSINESS AS ONE OF THE LARGEST PRIVATELY OWNED DEPARTMENT STORE CHAINS IN THE SOUTHEAST AND FOR ITS GENEROUS CORPORATE SUPPORT OF CHESTERFIELD COUNTY AND THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3848 (Word version) -- Rep. Webb: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE DANIEL HIGH SCHOOL COMPETITIVE CHEER SQUAD OF CENTRAL, SOUTH CAROLINA, ON WINNING THE 1998 STATE CLASS AAA COMPETITION AND BEING NAMED STATE CHAMPIONS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3849 (Word version) -- Rep. F. Smith: A BILL TO AMEND SECTION 23-13-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESPONSIBILITY OF THE SHERIFF FOR ACTS OF THE DEPUTY, SO AS TO PROVIDE THAT A DEPUTY MAY BE SUED IN HIS INDIVIDUAL CAPACITY FOR CONDUCT OR NEGLECT OF DUTY WHICH VIOLATES CLEARLY ESTABLISHED STATUTORY OR CONSTITUTIONAL RIGHTS.
Referred to Committee on Judiciary
H. 3850 (Word version) -- Rep. McKay: A BILL TO AMEND ARTICLE 1, CHAPTER 54, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM COLLECTION AND ENFORCEMENT OF LEVIED AND ASSESSED TAXES BY ADDING SECTION 12-54-67, SO AS TO PROVIDE FOR ELECTION OF QUARTERLY INSTALLMENT PAYMENTS OF AD VALOREM TAXES ON REAL PROPERTY, SECTION 12-54-68, SO AS TO PROVIDE FOR CERTAIN COUNTY TREASURERS TO DESIGNATE AND ATTEND SAFE AND CONVENIENT PLACES FOR COLLECTING TAXES, AND SECTION 12-54-69 TO PROVIDE FOR THE MEDIA OF PAYMENT ACCEPTABLE FOR PAYMENT OF TAXES; TO AMEND SECTION 4-1-170, AS AMENDED, RELATING TO JOINT DEVELOPMENT OF AN INDUSTRIAL OR A BUSINESS PARK BY COUNTIES, SO AS TO PROVIDE THAT THE PROPERTY
H. 3851 (Word version) -- Rep. McKay: A BILL TO AMEND SECTION 12-39-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTION OF ASSESSMENTS AND OTHER ERRORS AND ADJUSTMENTS IN VALUATION AND ASSESSMENT FOR FIRE DAMAGE IN CONNECTION WITH TAXATION OF PROPERTY, SO AS TO PROVIDE FOR ADJUSTMENT OF VALUATION AND ASSESSMENT OF REAL PROPERTY DAMAGED, NOT JUST BY FIRE, BUT BY ANY FORCE MAJEURE; AND TO AMEND SECTION 12-45-180, AS AMENDED, RELATING TO PENALTIES ON AND COLLECTION OF DELINQUENT TAXES, SO AS TO PROVIDE FOR PENALTIES FOR FAILURE TO PAY TAX REQUIRED AS SHOWN ON A RETURN INCLUDING CHANGES IN EXISTING TIME DEADLINES, COMPUTATION OF PENALTY INTEREST ON THE TAXES OWED PLUS PENALTY PREVIOUSLY IMPOSED, AND ADDITION OF THESE PENALTIES TO INTEREST DUE ON LATE TAXES AS PROVIDED IN SECTION 12-54-25.
Referred to Committee on Ways and Means
H. 3852 (Word version) -- Rep. McKay: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION AND THE APPLICABLE ASSESSMENT RATIO OF PROPERTY FOR
H. 3853 (Word version) -- Rep. McKay: A BILL TO AMEND SECTION 12-37-735, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRORATION OF TAXES UPON THE TRANSFER OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY SO AS TO LIMIT ITS APPLICATION TO WATERCRAFT AND AIRCRAFT TITLED, REGISTERED, OR LICENSED BY AN AGENCY AND TO PROVIDE FOR FILING OF A PRORATION FORM AND FOR DETERMINING APPROPRIATE MILLAGE.
Referred to Committee on Ways and Means
H. 3854 (Word version) -- Reps. Cooper, Sharpe, Cato, Meacham, Trotter and Vaughn: A JOINT RESOLUTION TO ESTABLISH AN AMERICAN INDIAN HISTORY MONUMENT TO BE ERECTED ON THE STATE HOUSE GROUNDS, TO CREATE A COMMISSION TO SELECT THE DESIGN AND LOCATION OF THE MONUMENT, TO PROVIDE FOR ITS MEMBERSHIP, AND TO PROVIDE THE DISSOLUTION OF THE COMMISSION.
Referred to Committee on Judiciary
H. 3855 (Word version) -- Rep. Bailey: A BILL TO AMEND CHAPTER 22, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENGINEERS AND LAND SURVEYORS INCLUDING, BUT NOT LIMITED TO,
H. 3856 (Word version) -- Reps. Hayes and M. Hines: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, AND ENDING JUNE 30, 2000.
On motion of Rep. HAYES, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 3857 (Word version) -- Reps. Seithel, Harrison, Jennings, Simrill, Allen, Allison, Barrett, Battle, Beck, Cato, Chellis, Davenport, Gilham, Harris, Hayes, Keegan, Knotts, Leach, Lourie, Lucas, Maddox, Mason, Miller, Moody-Lawrence, Rice, Sandifer, F. Smith, J. Smith, Stille, Stuart, Vaughn, Walker, Whatley and Young-Brickell: A BILL TO AMEND SECTION 20-7-8505, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF JUVENILE RECORDS AND EXCEPTIONS TO THAT CONFIDENTIALITY MADE FOR CERTAIN OFFENSES TO REPORT THE STUDENT AND THE ADJUDICATION TO THE PRINCIPAL OF THE SCHOOL THE STUDENT ATTENDED OR ATTENDS, SO AS TO ADD THE OFFENSE OF TORTURING OR KILLING AN ANIMAL AS ONE TO BE REPORTED TO THE SCHOOL ADMINISTRATION; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO MAKE CERTAIN MISDEMEANOR OFFENSES FELONIES AND TO PROVIDE THAT A MINOR CONVICTED OF OR ADJUDICATED DELINQUENT FOR THE OFFENSE OF TORTURING OR KILLING AN ANIMAL SHALL BE ORDERED TO UNDERGO A PSYCHOLOGICAL EVALUATION BY THE JUDGE; TO AMEND SECTION 59-63-370, AS AMENDED, RELATING TO THE NOTIFICATION OF THE SENIOR ADMINISTRATOR AT A STUDENT'S SCHOOL WHEN THE STUDENT IS CONVICTED OF OR ADJUDICATED DELINQUENT FOR CERTAIN OFFENSES, SO AS TO ADD THE OFFENSE OF TORTURING OR KILLING AN ANIMAL AS AN OFFENSE FOR WHICH TO NOTIFY THE SENIOR ADMINISTRATOR OF THE SCHOOL WHERE THE STUDENT IS ENROLLED.
Referred to Committee on Judiciary
The motion period was dispensed with on motion of Rep. EASTERDAY.
Rep. KELLEY moved that the House recede until 2:30 P.M., which was agreed to.
At 2:30 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. CANTY a leave of absence for the remainder of the day.
The following Joint Resolution was taken up:
H. 3677 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO DELETE REFERENCES TO THE PROHIBITION ON LOTTERIES, THEIR ADVERTISING, AND TICKET SALES AND TO PROVIDE THAT LOTTERIES MAY BE CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Rep. ALTMAN proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\AMEND\3282MM99), which was tabled.
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. It is proposed that Section 7, Article XVII of the Constitution of this State be amended to read:
"Section 7. No lottery shall ever be allowed or be advertised by newspapers, or otherwise, or its tickets sold in this State. The game of bingo, when conducted by charitable, religious or fraternal organizations exempt from federal income taxation or when conducted at recognized annual state and county fairs, shall not be deemed a lottery prohibited by this section. All games of chance and gambling activities including, but not limited to, a lottery, bingo, and video gaming machines, are lawful, and all state statutes and county and municipal ordinances prohibiting games of chance and gambling activities of any kind are null and void."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article XVII of the Constitution of this State be amended so as to delete references to the prohibition on lotteries, their advertising, and ticket sales and all references to bingo; and to provide that all games of chance and gambling activities including, but not limited to, a lottery, bingo, and video gaming machines, are lawful, and all state statutes and county and municipal ordinances prohibiting games of chance and gambling activities of any kind are null and void?
Rep. ALTMAN explained the amendment.
Rep. ALTMAN spoke in favor of the amendment.
Rep. SCOTT moved to table the amendment.
Rep. ALTMAN demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Bailey Bales Barrett Battle Beck Breeland Brown G. Brown H. Brown T. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines J. Hinson Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Maddox Martin McCraw McGee McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neilson Ott Parks Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott
Sharpe Simrill Smith D. Smith F. Smith J. Smith R. Stille Stuart Taylor Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Altman Mason
So, the amendment was tabled.
Rep. HASKINS moved to recommit the Joint Resolution.
Rep. SCOTT moved to table the motion.
Rep. DELLENEY demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Bailey Bales Battle Beck Breeland Brown G. Brown H. Brown J. Brown T. Carnell Chellis Clyburn Cobb-Hunter Dantzler Edge Emory Gamble Govan Harrell Harrison Harvin Hawkins Hayes Hines J. Hinson Inabinett Jennings Keegan Kelley Kennedy Klauber Knotts Law Lee Limehouse Littlejohn Lloyd Lourie Lucas Maddox Martin McCraw McGee McKay McLeod M.
McLeod W. McMahand Miller Moody-Lawrence Neilson Ott Parks Pinckney Rhoad Riser Rodgers Rutherford Scott Smith D. Smith F. Smith J. Smith R. Stuart Townsend Vaughn Webb Whatley Wilder Wilkes Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Altman Barrett Campsen Cato Cooper Davenport Delleney Easterday Fleming Gilham Hamilton Harris Haskins Kirsh Koon Leach Loftis Mason Meacham Rice Robinson Sandifer Sharpe Simrill Stille Tripp Trotter Walker Witherspoon
So, the motion to recommit was tabled.
Rep. W. McLEOD proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\AMEND\20375STD99), which was tabled.
Amend the resolution, as and if amended, in Section 7, Article XVII of the Constitution as contained in SECTION 1 by striking beginning on line 27, page 1, /Only the State may conduct lotteries, and these lotteries must be conducted in the manner that the General Assembly provides by law./ and inserting /Only the State may conduct lotteries which shall be known as education lotteries to be conducted in the manner that the General Assembly provides by law. /
Amend further, as and if amended, by striking /education purposes/ on line 35, page 1, and inserting /public school education/
Rep. W. MCLEOD explained the amendment.
Rep. TRIPP moved to table the amendment, which was agreed to.
Rep. ALTMAN proposed the following Amendment No. 3 (Doc Name COUNCIL\DKA\AMEND\3276MM99), which was tabled.
Amend the resolution, as and if amended, Section 7 as contained in SECTION 1, page 1, by inserting after the / . / on line 31:
/ Ten percent of the net proceeds of the lottery must be set aside in a separate fund in the State Treasury and used as the General Assembly shall direct to combat the social and law enforcement problems created by excessive or compulsive gambling. /
Amend further, page 2, SECTION 2, by inserting before / the / on line 11:
/ ten percent of the net proceeds must be set aside in a separate fund in the State Treasury and used as the General Assembly shall direct to combat the social and law enforcement problems created by excessive or compulsive gambling and /
Amend title to conform.
Rep. ALTMAN explained the amendment.
Rep. ALTMAN spoke in favor of the amendment.
Rep. SCOTT spoke against the amendment.
Rep. HASKINS spoke in favor of the amendment.
Rep. SCOTT spoke against the amendment.
Rep. SCOTT continued speaking.
Rep. SCOTT moved to table the amendment.
Rep. EASTERDAY demanded the yeas and nays, which were taken, resulting as follows:
Allen Askins Bailey Battle Bowers Breeland Brown G. Brown H. Brown J. Brown T. Carnell Chellis Clyburn Cobb-Hunter Cooper Dantzler Edge Emory Gamble Gourdine Govan Harrell Harrison Harvin Hayes Hines J. Hinson Howard Inabinett Jennings Kelley Kennedy Knotts Law Lee Lloyd Lourie Maddox McCraw McLeod M. McLeod W. Miller Moody-Lawrence Neal Ott Phillips Pinckney Quinn Rhoad Robinson Rutherford Scott Seithel Sheheen Smith J. Smith R. Stuart Webb Whatley Whipper Wilder Wilkes Young-Brickell
Those who voted in the negative are:
Allison Altman Bales Barfield Barrett Beck Campsen Cato Davenport Delleney Easterday Fleming Gilham Hamilton Harris Haskins Hawkins Hines M. Keegan Kirsh Klauber Koon Leach Limehouse Littlejohn Loftis Lucas Mason McGee McKay Meacham Neilson Rice Riser Rodgers Sandifer Sharpe Simrill Smith D. Smith F. Stille Taylor Townsend Tripp Trotter
Vaughn Walker Wilkins Witherspoon Woodrum
So, the amendment was tabled.
Rep. ALTMAN proposed the following Amendment No. 4 (Doc Name COUNCIL\DKA\AMEND\3277MM99), which was tabled.
Amend the resolution, as and if amended, Section 7 as contained in SECTION 1, page 1, by inserting after the / . / on line 31:
/ Ten percent of the payoff on each winning lottery ticket must be withheld by the State and used as the General Assembly shall direct to combat the social and law enforcement problems created by excessive or compulsive gambling. /
Amend further, page 2, SECTION 2, by inserting before / the / on line 11:
/ ten percent of the payoff on each winning lottery ticket must be withheld by the State and used as the General Assembly shall direct to combat the social and law enforcement problems created by excessive or compulsive gambling and /
Amend title to conform.
Rep. ALTMAN explained the amendment.
Rep. KELLEY spoke against the amendment.
Rep. KELLEY moved to table the amendment.
Rep. LOFTIS demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown G. Brown H. Brown J. Brown T. Carnell Chellis Clyburn Cobb-Hunter Cooper Edge Emory Gamble Govan Harrell Harrison Harvin Hayes Hines J. Hinson Inabinett Jennings Kelley Kennedy
Knotts Law Lee Lloyd Lourie Maddox McCraw McGee McKay McLeod M. McLeod W. Miller Moody-Lawrence Neal Ott Parks Pinckney Quinn Rhoad Robinson Rodgers Rutherford Scott Seithel Sheheen Smith D. Smith F. Smith J. Smith R. Stuart Webb Whatley Whipper Wilder Wilkes Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Allison Altman Barfield Barrett Beck Campsen Cato Davenport Delleney Easterday Fleming Gilham Hamilton Harris Haskins Hawkins Keegan Kirsh Klauber Koon Leach Limehouse Littlejohn Loftis Lucas Martin Mason Meacham Phillips Rice Riser Sandifer Sharpe Simrill Stille Taylor Townsend Trotter Vaughn Walker
So, the amendment was tabled.
Rep. ALTMAN proposed the following Amendment No. 5 (Doc Name COUNCIL\DKA\AMEND\3278MM99), which was tabled.
Rep. ALTMAN explained the amendment.
Rep. KELLEY moved to table the amendment.
Rep. ALTMAN demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bailey Bales Battle Beck Bowers Breeland Brown H. Brown J. Brown T. Campsen Carnell Chellis Clyburn Cobb-Hunter Cooper Dantzler Edge Emory Gamble Gourdine Harrell Harris Harrison Harvin Hayes Hines J. Hinson Inabinett Jennings Keegan Kelley Kennedy Knotts Law Lee Lloyd Lourie Lucas Maddox Mason McCraw McGee McKay McLeod M. McLeod W. Miller Moody-Lawrence Neilson Ott Parks
Phillips Pinckney Quinn Rhoad Robinson Rodgers Rutherford Scott Seithel Sheheen Smith F. Smith J. Smith R. Stuart Taylor Webb Whatley Whipper Wilder Wilkes Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Allison Altman Barfield Barrett Cato Davenport Delleney Easterday Fleming Hamilton Haskins Hawkins Kirsh Leach Limehouse Littlejohn Loftis Martin Meacham Rice Sandifer Sharpe Simrill Smith D. Tripp Trotter Vaughn Walker Witherspoon
So, the amendment was tabled.
Rep. TRIPP moved to continue the Joint Resolution.
Rep. DELLENEY demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barrett Campsen Cato Cooper Davenport Delleney Easterday Fleming Gilham Hamilton Harris Haskins Kirsh Koon Leach Loftis Meacham Rice Sandifer Sharpe
Simrill Tripp Trotter Walker Witherspoon
Those who voted in the negative are:
Allen Allison Bailey Bales Battle Beck Bowers Breeland Brown G. Brown H. Brown J. Brown T. Carnell Chellis Clyburn Cobb-Hunter Dantzler Edge Emory Gamble Govan Harrell Harvin Hawkins Hayes Hines J. Hinson Howard Inabinett Keegan Kelley Kennedy Knotts Law Lee Limehouse Littlejohn Lloyd Lourie Lucas Maddox Martin McCraw McGee McKay McLeod M. McLeod W. Miller Moody-Lawrence Neal Ott Parks Phillips Pinckney Quinn Rhoad Robinson Rodgers Rutherford Scott Seithel Sheheen Smith D. Smith F. Smith J. Smith R. Stuart Taylor Vaughn Webb Whatley Whipper Wilder Wilkes Wilkins Woodrum Young-Brickell
So, the House refused to continue the Joint Resolution.
Rep. ALTMAN proposed the following Amendment No. 6 (Doc Name COUNCIL\DKA\AMEND\3279MM99), which was tabled.
Amend the resolution, as and if amended, Section 7 as contained in SECTION 1, page 1, by inserting after the / . / on line 31:
Rep. ALTMAN explained the amendment.
Rep. KELLEY moved to table the amendment, which was agreed to.
Reps. BECK and DELLENEY proposed the following Amendment No. 7 (Doc Name COUNCIL\PT\AMEND\1329HTC99), which was ruled out of order.
Amend the resolution, as and if amended, by adding two appropriately numbered SECTIONS to read:
/ SECTION ____. It is proposed that Section 7, Article XVII of this State be amended by adding a paragraph at the end to read:
"Except as specifically authorized by this section, no other forms of gambling or betting on games of chance are allowed."
SECTION ____. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article XVII of the Constitution of this State be amended so as to provide that except as specifically allowed by this section, no other forms of gambling or betting on games of chance are allowed?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Rep. KELLEY raised a Point of Order that Amendment No. 7 was out of order in that it was not germane to the Joint Resolution.
Rep. BECK stated that the amendment was germane in that it would allow the lottery to be the only form of gambling in the State of South Carolina and that the amendment further defined the lottery bill.
Rep. HASKINS stated that the amendment was germane to the Joint Resolution in that the amendment merely attempted to place a limitation on legal gambling in the State by attempting to make the lottery the only legal gambling allowed in the State.
Rep. ROBINSON stated that the amendment was germane to the Joint Resolution in that it attempted to amend the same Article and Section of the Constitution of the State of South Carolina.
Rep. CAMPSEN stated that the amendment was germane to the Joint Resolution in that the issue of gambling was only addressed in this particular section of the Constitution. He stated further that the Joint Resolution legalized the lottery and the amendment simply circumscribed the definition of legalized gambling.
Rep. J. SMITH stated that the provision was a prohibition on lotteries and therefore did not relate to all forms of gambling.
Rep. CAMPSEN stated that the Joint Resolution did more than simply legalize the state-run lottery. He stated that it also prohibited other types of lotteries that are not state-run.
Rep. ROBINSON stated that the amendment was germane in that it attempted to clarify what a lottery is and what a lottery is not.
Rep. WHIPPER stated the amendment was not germane to the Joint Resolution in that it was a separate piece of legislation
Rep. JENNINGS stated that under Rule 9.3, the intent of the amendment broadly expanded the substantial effect of the Joint Resolution and was not germane to the Joint Resolution.
SPEAKER WILKINS stated that the Joint Resolution dealt with authorizing the lottery and that the amendment dealt with prohibiting all other forms of gambling. He stated further that the amendment did not meet the substantial effect criteria under Rule 9.3 and he therefore sustained the Point of Order and ruled the amendment out of order.
The SPEAKER granted Rep. KNOTTS a temporary leave of absence to attend a Senate Judiciary hearing.
Rep. ALTMAN proposed the following Amendment No. 9 (Doc Name COUNCIL\DKA\AMEND\3281MM99), which was tabled.
Amend the resolution, as and if amended, Section 7 as contained in SECTION 1, page 1, by inserting after the / . / on line 31:
/ Ten percent of the net proceeds of the lottery must be set aside in a separate fund in the State Treasury and used as the General Assembly shall direct to assist in the economic development of the rural areas of the State. /
Amend further, page 2, SECTION 2, by inserting before / the / on line 11:
/ ten percent of the net proceeds of the lottery must be set aside in a separate fund in the State Treasury and used as the General Assembly shall direct to assist in the economic development of the rural areas of the State and /
Amend title to conform.
Rep. ALTMAN explained the amendment.
Rep. ALTMAN continued speaking.
Rep. ALTMAN spoke in favor of the amendment.
Rep. SCOTT moved to table the amendment.
Rep. ALTMAN demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Bales Barfield Beck Breeland Brown H. Brown J. Carnell Chellis Cobb-Hunter Cooper Dantzler Emory Gamble Gourdine Govan Harrell Harrison Harvin Hawkins Hayes Hines J. Hinson
Howard Inabinett Jennings Keegan Kelley Kirsh Klauber Law Lee Lloyd Lourie Lucas Maddox McCraw McGee McLeod M. McLeod W. Meacham Miller Moody-Lawrence Neilson Ott Parks Phillips Quinn Rhoad Riser Rodgers Rutherford Scott Seithel Sheheen Simrill Smith J. Smith R. Stuart Taylor Trotter Webb Whatley Whipper Wilder Woodrum Young-Brickell
Those who voted in the negative are:
Allison Altman Barrett Bowers Brown G. Brown T. Campsen Cato Clyburn Davenport Delleney Easterday Fleming Hamilton Harris Haskins Kennedy Koon Leach Limehouse Littlejohn Loftis Mason Rice Sandifer Smith F. Stille Tripp Walker Witherspoon
So, the amendment was tabled.
Rep. ALTMAN proposed the following Amendment No. 10 (Doc Name COUNCIL\DKA\AMEND\3283MM99), which was tabled.
Amend the resolution, as and if amended, Section 7 as contained in SECTION 1, page 1, line 36, by inserting at the end:
/ The start-up cost of the lottery may not exceed six million dollars and the operating cost of the lottery in years after the first year may not exceed ten percent of the net profits to the State from the lottery. /
Rep. ALTMAN explained the amendment.
Rep. KELLEY spoke against the amendment.
Rep. TRIPP spoke in favor of the amendment.
Rep. SCOTT spoke against the amendment.
Rep. SCOTT moved to table the amendment.
Rep. ALTMAN demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bailey Barfield Bowers Breeland Brown H. Brown T. Carnell Chellis Clyburn Cobb-Hunter Cooper Dantzler Edge Emory Gamble Govan Harrell Harrison Harvin Hayes Hines J. Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Knotts Law Lee Limehouse Lloyd Lourie Lucas Maddox McCraw McGee McLeod M. McLeod W. Miller Moody-Lawrence Neal Neilson Ott Parks Pinckney Quinn Rhoad Riser Rodgers Scott Seithel Sheheen Smith J. Smith R. Stuart Townsend Webb Whatley Whipper Wilder Woodrum Young-Brickell
Allison Altman Bales Barrett Campsen Cato Davenport Delleney Easterday Fleming Gilham Hamilton Harris Haskins Hawkins Kirsh Klauber Koon Leach Littlejohn Loftis Mason Meacham Rice Sandifer Sharpe Simrill Smith D. Smith F. Stille Taylor Tripp Trotter Vaughn Walker Wilkins Witherspoon
So, the amendment was tabled.
Rep. ALTMAN proposed the following Amendment No. 11 (Doc Name COUNCIL\DKA\AMEND\3284MM99), which was tabled.
Amend the resolution, as and if amended, Section 7 as contained in SECTION 1, page 1, line 36, by inserting at the end:
/ The lottery may not be operated with or used in conjunction with the lottery of any other state or states. /
Amend further, SECTION 2, page 2, line 8, by striking /sales and/ and inserting / sales, / and by inserting after /law/ on line 15 / and to provide that the lottery may not be operated with or used in conjunction with the lottery of any other state or states /.
Amend title to conform.
Rep. ALTMAN explained the amendment.
Rep. ALTMAN continued speaking.
The SPEAKER granted Rep. LITTLEJOHN a leave of absence for the remainder of the day.
Rep. KELLEY moved to table the amendment.
Those who voted in the affirmative are:
Allen Askins Bailey Bales Barfield Beck Bowers Breeland Brown H. Brown T. Carnell Chellis Cobb-Hunter Cooper Dantzler Edge Emory Gamble Harrell Harrison Harvin Hayes Hines J. Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Knotts Law Lee Limehouse Lloyd Lourie Maddox McCraw McLeod M. McLeod W. Miller Moody-Lawrence Neilson Ott Parks Phillips Rhoad Riser Rodgers Rutherford Scott Seithel Sheheen Smith F. Smith J. Smith R. Stuart Townsend Whatley Whipper Wilder Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Allison Altman Barrett Cato Davenport Delleney Easterday Fleming Gilham Hamilton Harris Haskins Hawkins Kirsh Klauber Koon Leach Loftis Lucas Mason McGee Meacham Rice Robinson Sandifer Sharpe Simrill Smith D. Taylor Tripp
Trotter Vaughn Walker Webb Witherspoon
So, the amendment was tabled.
Rep. ALTMAN proposed the following Amendment No. 12 (Doc Name COUNCIL\DKA\AMEND\3285MM99), which was tabled.
Amend the resolution, as and if amended, Section 7 as contained in SECTION 1, page 1, line 36, by inserting at the end:
/ A lottery payout may not be made directly or indirectly to a person receiving public money or in-kind assistance from the State./
Amend further, SECTION 2, page 2, line 8, by striking /sales and/ and inserting / sales, / and by inserting after /law/ on line 15 / and to provide that a lottery payout may not be made directly or indirectly to a person receiving public money or in-kind assistance from the State /.
Amend title to conform.
Rep. ALTMAN explained the amendment.
Rep. ALTMAN spoke in favor of the amendment.
Rep. KELLEY moved to table the amendment.
Rep. ALTMAN demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bailey Battle Bowers Breeland Brown H. Brown J. Brown T. Carnell Chellis Clyburn Cobb-Hunter Cooper Dantzler Fleming Gamble Harrell Harrison Harvin Hayes Hines J. Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Klauber Knotts Law Lee Lloyd Lourie Lucas Maddox Martin McCraw
McGee McLeod M. McLeod W. Miller Moody-Lawrence Neal Neilson Ott Parks Rhoad Rodgers Rutherford Scott Sheheen Smith D. Smith F. Smith J. Smith R. Stuart Taylor Townsend Whatley Whipper Wilder Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Allison Altman Bales Barrett Beck Cato Davenport Delleney Easterday Edge Emory Gilham Hamilton Harris Haskins Kirsh Koon Leach Limehouse Loftis Mason Meacham Phillips Rice Robinson Sandifer Sharpe Simrill Stille Trotter Vaughn Walker Webb Witherspoon
So, the amendment was tabled.
Rep. ALTMAN proposed the following Amendment No. 13 (Doc Name COUNCIL\DKA\AMEND\3286MM99), which was rejected.
Amend the resolution, as and if amended, Section 7 as contained in SECTION 1, page 1, line 36, by inserting at the end:
/ A direct or an indirect interest in a lottery ticket may be held only by a person twenty-one years of age or older./
Amend further, SECTION 2, page 2, line 8, by striking /sales and/ and inserting / sales, / and by inserting after /law/ on line 15 / and to provide that a direct or an indirect interest in a lottery ticket may be
Rep. ALTMAN explained the amendment.
Rep. KELLEY moved to table the amendment.
Rep. ALTMAN demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Bales Barfield Bowers Breeland Brown G. Brown J. Brown T. Carnell Chellis Clyburn Cobb-Hunter Dantzler Hayes Hines J. Inabinett Jennings Keegan Kelley Lee Lloyd Lourie McLeod M. McLeod W. Miller Moody-Lawrence Parks Rhoad Rutherford Scott Sheheen Smith F. Smith J. Stuart Vaughn Whipper Wilder Woodrum
Those who voted in the negative are:
Allen Allison Altman Askins Bailey Barrett Beck Brown H. Cato Davenport Delleney Easterday Edge Emory Fleming Gamble Gilham Govan Hamilton Harrell Harris Harrison Harvin Haskins Hinson Kennedy Kirsh Klauber Knotts Koon Leach Limehouse Loftis Lucas Maddox Martin Mason McCraw McGee
Meacham Neilson Ott Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith R. Stille Taylor Townsend Tripp Trotter Walker Webb Whatley Wilkins Witherspoon Young-Brickell
So, the House refused to table the amendment.
Rep. KELLEY spoke against the amendment.
Rep. G. BROWN spoke against the amendment.
Rep. CARNELL spoke against the amendment.
Rep. WHIPPER raised a Point of Order that Amendment No. 13 was out of order in that it was not germane to the Joint Resolution under Rule 9.3.
SPEAKER WILKINS overruled the Point of Order.
The question then recurred to the adoption of the amendment.
Rep. KELLEY demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bales Barrett Beck Cato Davenport Delleney Easterday Edge Emory Fleming Gilham Hamilton Harrell Harris Harrison Haskins Klauber Knotts Koon Leach Loftis Lucas Mason Meacham Ott Quinn Rice Robinson
Sandifer Sharpe Simrill Smith R. Stille Tripp Vaughn Walker Wilkins Witherspoon
Those who voted in the negative are:
Allen Askins Bailey Barfield Bowers Breeland Brown G. Brown H. Brown J. Brown T. Carnell Chellis Clyburn Cobb-Hunter Cooper Dantzler Gamble Gourdine Govan Harvin Hayes Hines J. Howard Inabinett Jennings Keegan Kelley Kennedy Kirsh Law Lee Limehouse Lloyd Lourie Maddox Martin McCraw McGee McLeod M. McLeod W. Miller Moody-Lawrence Neal Neilson Parks Phillips Rhoad Riser Rodgers Rutherford Scott Seithel Sheheen Smith D. Smith F. Smith J. Stuart Taylor Townsend Trotter Webb Whatley Whipper Wilder Woodrum Young-Brickell
So, the amendment was rejected.
Rep. ALLISON moved that the House do now adjourn, which was agreed to.
On March 3, 1999, The State newspaper, Michael Sponhour wrote a column called "Lottery's chances are rising". Constitutional
First, let me say that it is difficult not to acknowledge what has happened and how hard I have worked for seven years and my work is being disregarded. But, let history record that seven years ago when the lottery was not popular, I stayed the course and worked every radio and T.V. network in this Sate and Nation that would listen to me. Out of those seven years, five of those years two governors ran on the lottery as a statewide issue, and I supported them both. Lt. Governor Nick Theodore called the lottery the Palmetto Promise and Governor Jim Hodges called it education. But, today George Bailey and I call it Lottery Is For Education (LIFE).
As I close, let me say how important a lottery is for all the children of this great State of South Carolina. I refuse not to be a part of what is mine and what I call a newborn and one I will continue to father -lottery-LIFE to its end.
I ask only one favor of you today, although theft may occur on paper, but not in the minds and hearts of most of you, my friends and colleagues let's pass the lottery this time, not for Governor Hodges or for John Scott, but for the children of this great State who can use $140,000,000 for education.
Rep. JOHN SCOTT
Due to a long ago scheduled commitment out of town, I will not be present for the session on Tuesday, April 6, 1999, when we have scheduled to debate the Lottery Bill and amendments on the contested calendar.
As a long time proponent of allowing voters in South Carolina to decide if we should have a lottery, I support passage of the bill and would vote to restrict the use of any net revenues from any ultimate lottery to benefit public and higher education non-recurring building and facility needs.
Rep. BILL COTTY
The Senate returned to the House with concurrence the following:
H. 3801 (Word version) -- Reps. J. Smith, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE ARTHUR FUSCO OF COLUMBIA.
H. 3802 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO CONGRATULATE THE HAMMOND SCHOOL BOYS BASKETBALL TEAM FOR WINNING THE 1998-99 SOUTH CAROLINA INDEPENDENT SCHOOLS' ASSOCIATION BASKETBALL CHAMPIONSHIP AND FOR AN OUTSTANDING SEASON DURING WHICH THEY DID NOT LOSE TO A TEAM FROM SOUTH CAROLINA.
H. 3820 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin,
At 6:10 P.M. the House in accordance with the motion of Rep. YOUNG-BRICKELL adjourned in memory of Mrs. Jamie Myers, the First Lady of Summerville, to meet at 10:00 A.M. tomorrow.
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