South Carolina General Assembly
113th Session, 1999-2000
Journal of the House of Representatives

Wednesday, April 7, 1999
(Statewide Session)

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:

O God, our Father, we thank You for the awakening beauty of the earth around. With clear vision and grateful hearts, may we behold Your presence and Your power in the world of nature. Forbid that we should walk through the garden of loveliness with eyes that do not see and hearts that do not sing. As the miracle of life is wrought anew in the tiniest bloom, in every blade of green grass and in budding branches against the arching sky, may the wonder of it all rebuke our cold cynicism, the joy of it restore our tired hope, and the loveliness of it enrich our understanding of Your promises which are sure. Accept 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.

MOTION ADOPTED

Rep. KIRSH moved that when the House adjourns, it adjourn in memory of Mr. Hugh John Graves of Clover, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 3859 (Word version) -- Rep. Emory: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE REVEREND GEORGE WILLIAMS, JR., AND THE CHURCH HE PASTORS, THE DELIVERANCE WORD OF FAITH CHURCH OF LANCASTER, SOUTH CAROLINA, ON THE OCCASION OF ITS INSTALLATION-APPRECIATION CELEBRATION WHICH WILL TAKE PLACE ON SUNDAY, APRIL 11, 1999.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3860 (Word version) -- Reps. Knotts, Whatley, Davenport, Littlejohn and Stille: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO PASS LEGISLATION TO STRENGTHEN THE OVERSIGHT POWER AND THE AUTHORITY OF THE POSTAL RATE COMMISSION, PARTICULARLY WITH RESPECT TO THE UNITED STATES POSTAL SERVICE, AND DIRECTING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO UNDERTAKE AN ANALYSIS TO QUANTIFY THE IMPACT OF LOST TAXES AND FEES NOT BEING COLLECTED BY SOUTH CAROLINA STATE AND LOCAL AGENCIES BECAUSE OF THE POSTAL SERVICE'S SPECIAL STATUS AND TO REPORT THE FINDINGS OF THIS ANALYSIS TO THE GENERAL ASSEMBLY ANNUALLY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

On motion of Rep. R. SMITH, with unanimous consent, the following was taken up for immediate consideration:

H. 3861 (Word version) -- Rep. R. Smith: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE NAVY JUNIOR ROTC DRILL TEAM OF SILVER BLUFF HIGH SCHOOL, THEIR DRILL TEAM INSTRUCTORS, AND SCHOOL OFFICIALS ON APRIL 28, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR BEING NAMED THE "SOUTH CAROLINA NAVY JUNIOR ROTC STATE CHAMPION".

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the Navy Junior ROTC Drill Team of Silver Bluff High School, their drill team instructors, and school officials on April 28, 1999, at a time to be determined by the Speaker for the purpose of being recognized for being named the "South Carolina Navy Junior ROTC State Champion".

The Resolution was adopted.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 3862 (Word version) -- Reps. Hayes and Rutherford: A BILL TO AMEND SECTIONS 20-1-220 AND 20-1-230, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR AND ISSUANCE OF MARRIAGE LICENSES, SO AS TO DELETE THE PROVISION REQUIRING A WAITING PERIOD OF TWENTY-FOUR HOURS BETWEEN THE RECEIPT OF THE APPLICATION AND THE ISSUANCE OF THE LICENSE.
Referred to Committee on Judiciary

H. 3863 (Word version) -- Reps. Campsen, Altman, Barrett, Beck, Davenport, Delleney, Easterday, Gilham, Hamilton, Haskins, Klauber, Leach, Loftis, Mason, Rice, Robinson, Sharpe, Simrill, R. Smith, Taylor and Vaughn: A BILL TO AMEND ARTICLE 1, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS.
Referred to Committee on Judiciary

H. 3864 (Word version) -- Reps. Witherspoon, Delleney and Barfield: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WILDLIFE, BY ADDING CHAPTER 14 SO AS TO ENACT THE "SOUTH CAROLINA ALLIGATOR FARMING ACT OF 1999"; TO DEFINE "ALLIGATOR FARM", "ALLIGATOR FARMER", "ALLIGATOR PART", "ALLIGATOR PARTS DEALER", "DIRECTOR", "DEPARTMENT", AND "TRANSPORT"; TO PROVIDE FOR ENGAGING IN THE BUSINESS OF PROPAGATING ALLIGATORS; TO PROVIDE FOR ALLIGATOR FARMING LICENSING AND FEES; TO PROVIDE FOR MARKETING, TAKING, TAGGING, AND TRANSPORTATION OF ALLIGATOR CARCASSES AND SKINS IN ACCORDANCE WITH REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES; TO REQUIRE AND PROVIDE FOR PROPERTY RIGHTS IN CERTAIN ALLIGATORS AND PARTS THEREOF; TO PROVIDE FOR LICENSES AND FEES FOR ALLIGATOR PARTS DEALERS, RETAIL, AND RESTAURANTS; TO PROVIDE FOR ALLIGATOR PARTS TRANSACTION FORMS, BILLS OF SALE, AND RETENTION OR INSPECTION OF RECORDS OR BILLS OF SALE RELATING TO ALLIGATOR TRANSACTIONS; TO PROVIDE FOR ALLIGATOR PARTS TAGS; TO PROVIDE FOR TAGGING AND SHIPMENT OF ALLIGATOR SKINS; TO PROVIDE FOR A SEVERANCE TAX ON ALLIGATOR SKINS; TO PROHIBIT THE TAKING OR POSSESSION OF ALLIGATORS OR THEIR EGGS, SKINS, OR PARTS, EXCEPT AS PROVIDED HEREIN; TO PROVIDE FOR THE REVOCATION OF LICENSES ISSUED UNDER THIS CHAPTER UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE FOR CONFISCATION OF CERTAIN ALLIGATOR SKINS; TO PROVIDE FOR THE DISBURSEMENT OF LICENSE FEES AND TAXES; TO PROVIDE FOR THE EFFECT UPON LICENSES ISSUED UNDER THIS CHAPTER IN THE EVENT THE FEDERAL GOVERNMENT PLACES ALLIGATORS IN AN ENDANGERED SPECIES STATUS; TO PROVIDE FOR PENALTIES AND FORFEITURES FOR THE VIOLATION OF THIS CHAPTER AND REGULATIONS PROMULGATED UNDER IT; AND TO PROVIDE FOR EXEMPTIONS FROM CERTAIN PENALTIES FOR PERSONS TAKING, POSSESSING, STORING, TRANSPORTING, PROCESSING, SELLING, OFFERING FOR SALE, BUYING, OR SHIPPING OF AN AMERICAN ALLIGATOR (ALLIGATOR MISSISSIPPIENSIS) OR EGGS, PARTS, OR PRODUCTS OF AN ALLIGATOR RAISED BY AN ALLIGATOR FARMER ON AN ALLIGATOR FARM PURSUANT TO THIS CHAPTER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3865 (Word version) -- Reps. Cato, Mason, Cobb-Hunter, Knotts, Scott, Trotter, Cooper, Allison, Breeland, G. Brown, H. Brown, J. Brown, Davenport, Emory, Fleming, Harrison, Harvin, Kelley, Kirsh, Klauber, Lanford, Lee, Littlejohn, Martin, M. McLeod, Meacham, Miller, Neilson, Rhoad, Riser, Robinson, Sandifer, Sharpe, R. Smith, Stille, Stuart, Townsend, Tripp, Walker, Whipper, Witherspoon and Simrill: A BILL TO AMEND SECTIONS 34-26-300, 34-26-310, 34-26-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORMATION OF CREDIT UNIONS AND PERSONS WHO ARE ELIGIBLE TO BE MEMBERS THEREOF SO AS TO FURTHER PROVIDE FOR THOSE PERSONS WHO MAY FORM A CREDIT UNION AND WHO MAY BE MEMBERS OF A CREDIT UNION; AND TO AMEND SECTION 34-26-860, AS AMENDED, RELATING TO LOANS MADE BY CREDIT UNIONS SECURED BY REAL ESTATE SO AS TO ADD VACATION HOMES TO THE AUTHORIZED LIST OF HOMES ON WHICH SECURED LOANS MAY BE MADE.
Referred to Committee on Labor, Commerce and Industry

H. 3866 (Word version) -- Rep. W. McLeod: A BILL TO AMEND SECTIONS 9-1-1510 AND 9-1-1550, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY TO TWENTY-FIVE THE YEARS OF CREDITABLE SERVICE TO RETIRE AT ANY AGE WITHOUT PENALTY; TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO INCREASE BOTH EMPLOYER AND EMPLOYEE CONTRIBUTIONS IN AN AMOUNT SUFFICIENT TO OFFSET THE INCREASED ACTUARIAL COST OF THESE PROVISIONS WITH NOT LESS THAN SEVENTEEN PERCENT OF THE TOTAL INCREASE TO BE PAID BY EMPLOYERS; AND TO REPEAL SECTIONS 9-1-1515 AND 9-1-1850, RELATING TO OTHER EARLY RETIREMENT PROVISIONS MADE OBSOLETE BY THIS ACT.
Referred to Committee on Ways and Means

H. 3867 (Word version) -- Reps. J. Brown, Scott, Gourdine, Inabinett, Lloyd, Parks and Breeland: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS, JAILS, PROBATIONS, PAROLES AND PARDONS, BY ADDING CHAPTER 2, SO AS TO PROVIDE FOR AN INMATE HEALTH CARE OMBUDSMAN TO ENSURE PROPER HEALTH CARE SERVICE TO INMATES AND TO PROVIDE FOR A CITIZENS PRISON HEALTH CARE ADVISORY BOARD.
Referred to Committee on Judiciary

H. 3868 (Word version) -- Rep. D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-156 SO AS TO PROVIDE FOR AN ANNUAL AUDIT OF AN ENTITY AUTHORIZED TO LEVY PROPERTY TAXES, TO ESTABLISH STANDARDS FOR THE AUDIT, TO PROVIDE FOR JOINT AUDITS, AND TO REQUIRE PUBLIC ACCESS TO THE AUDIT REPORT.
Referred to Committee on Ways and Means

H. 3869 (Word version) -- Reps. J. Smith and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-48-150 SO AS TO ESTABLISH THE LOW-LEVEL RADIOACTIVE WASTE ASSISTANCE FUND TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ASSIST SOUTH CAROLINA GENERATORS IN DEFRAYING THE COST OF STORING, TRANSPORTING, AND DISPOSING OF THIS WASTE; AND TO AMEND SECTION 48-48-140, AS AMENDED, RELATING TO TAXES IMPOSED ON LOW-LEVEL RADIOACTIVE WASTE, SO AS TO PROVIDE THAT THE TAX MUST BE IMPOSED ON EACH CURIE RATHER THAN ON EACH CUBIC FOOT, TO ESTABLISH THE TAX OF FOUR HUNDRED FIFTY DOLLARS PER CURIE, TO PROVIDE THAT ONE MILLION TWO HUNDRED THOUSAND DOLLARS ANNUALLY, RATHER THAN SIX DOLLARS PER CUBIC FOOT, MUST BE CREDITED TO THE EDUCATION FINANCE ACT, TO ALLOCATE TWO MILLION FIVE HUNDRED THOUSAND DOLLARS TO BARNWELL COUNTY, TO CREDIT FIVE PERCENT TO THE LOW-LEVEL RADIOACTIVE WASTE ASSISTANCE FUND, AND TO CREDIT NINETY-FIVE PERCENT TO THE CHILDREN'S EDUCATION ENDOWMENT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3870 (Word version) -- Reps. J. Smith, Harrison, Altman, Bailey, Bales, Campsen, Dantzler, Davenport, Edge, Emory, Harvin, Hayes, Keegan, Kelley, Lloyd, Lourie, Mack, Martin, McGee, Ott, Sandifer, Sharpe and Stuart: A BILL TO AMEND CHAPTER 25, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENT AGAINST PERSONS CONVICTED OF CRIME, BY ADDING ARTICLE 5 SO AS TO ENACT THE "SOUTH CAROLINA NOTORIETY FOR PROFIT ACT" WHICH SHALL PROVIDE PROCEDURES FOR THE RECOVERY OF PROFITS OBTAINED OR GENERATED FROM THE COMMISSION OF A CRIME BY ELIGIBLE PERSONS OR BY THE STATE OFFICE OF VICTIM ASSISTANCE AND TO REPEAL SECTIONS 15-59-40 THROUGH 15-59-80, RELATING TO MONEYS PAID INTO COURT.
Referred to Committee on Judiciary

H. 3871 (Word version) -- Reps. Sandifer, Beck, Cato, Easterday, Emory, Gilham, Hamilton, Haskins, Leach, Littlejohn, Martin, Mason, Meacham, Riser, Rodgers, Sharpe, R. Smith, Trotter, Vaughn, Webb and Wilkins: A BILL TO PROVIDE FOR A STATEWIDE REFERENDUM ON TUESDAY, NOVEMBER 2, 1999, TO DETERMINE IF THE QUALIFIED ELECTORS OF THE STATE FAVOR KEEPING VIDEO POKER GAMBLING LEGAL AND TO MAKE VIDEO POKER GAMBLING ILLEGAL IF A MAJORITY "NO" VOTE IS CERTIFIED ON THAT QUESTION, TO IMPOSE A MACHINE LICENSE TAX SURCHARGE OF ONE HUNDRED DOLLARS A MACHINE TO DEFRAY THE EXPENSES OF THE REFERENDUM, AND TO ACCOMPLISH THE PURPOSE OF MAKING VIDEO POKER GAMBLING ILLEGAL UNDER THAT CIRCUMSTANCE BY AMENDING SECTIONS 12-21-2710, AS AMENDED, 12-21-2712, 12-21-2720, AS AMENDED, AND 12-21-2726, AS AMENDED, 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; 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.
Referred to Committee on Ways and Means

H. 3873 (Word version) -- Reps. D. Smith, Robinson, Quinn, Kelley, Sharpe, McGee, Law, Edge, Harrison, Meacham, Allison, Altman, Bailey, Barrett, Beck, Campsen, Cato, Chellis, Clyburn, Cotty, Davenport, Delleney, Easterday, Hamilton, Haskins, Hinson, Jennings, Koon, Leach, Limehouse, Littlejohn, Loftis, Mason, Rice, Rodgers, Sandifer, Simrill, J. Smith, R. Smith, Vaughn, Walker, Woodrum and Young-Brickell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-70 SO AS TO PROVIDE THAT DURING ITS ANNUAL SESSION, EACH HOUSE OF THE GENERAL ASSEMBLY SHALL MEET ON TUESDAY AND WEDNESDAY OF EACH WEEK IN STATEWIDE SESSION AND ON THURSDAY AND FRIDAY OF EACH WEEK IN LOCAL SESSION.
Referred to Committee on Judiciary

H. 3874 (Word version) -- Reps. D. Smith, Robinson, Quinn, Kelley, Harrison, Edge, Young-Brickell, Allen, Altman, Barrett, Campsen, Cato, Davenport, Delleney, Easterday, Fleming, Haskins, Hinson, Keegan, Koon, Law, Littlejohn, Mason, M. McLeod, Meacham, Rice, Sandifer, Simrill, R. Smith, Stille, Taylor, Vaughn, Walker and Woodrum: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-105 SO AS TO ESTABLISH THE REGULATIONS REVIEW PANEL WHICH SHALL DETERMINE THE NEED AND REASONABLENESS OF EACH REGULATION BEFORE THE REGULATION IS SUBMITTED TO THE GENERAL ASSEMBLY FOR REVIEW; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO PROVIDE THAT CERTAIN FACTORS RELATING TO NEED AND REASONABLENESS OF REGULATIONS MAY BE REQUESTED BY THE REVIEW PANEL; TO AMEND SECTION 1-23-111, AS AMENDED, RELATING TO PUBLIC HEARINGS ON REGULATIONS, SO AS TO PROVIDE THAT A MEMBER OF THE REGULATIONS REVIEW PANEL SHALL PRESIDE AT ALL SUCH HEARINGS AND TO AUTHORIZE THE PANEL TO REQUEST ADDITIONAL INFORMATION TO DETERMINE NEED AND REASONABLENESS OF REGULATIONS; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REQUIRE AGENCIES TO SUBMIT THE REVIEW PANEL DETERMINATION REPORT ON THE NEED AND REASONABLENESS OF THE REGULATION WITH OTHER DOCUMENTS WHEN SUBMITTING FOR GENERAL ASSEMBLY REVIEW; TO ESTABLISH THE REGULATIONS REVIEW FUND TO BE ADMINISTERED BY THE REVIEW PANEL AND TO AUTHORIZE THE PANEL TO PROVIDE AWARDS UNDER CERTAIN CIRCUMSTANCES TO CITIZENS WHO RECOMMEND REVIEW OF REGULATIONS THAT ARE UNNECESSARY OR UNREASONABLE AND TO ABOLISH THE FUND AS OF JULY 1, 2000; AND TO REQUIRE AGENCIES TO SUBMIT ALL REGULATIONS IN EFFECT ON JULY 1, 1999, TO THE GENERAL ASSEMBLY FOR REVIEW BEFORE JULY 1, 2001, IN ORDER FOR THE REGULATION TO REMAIN IN EFFECT.
Referred to Committee on Judiciary

H. 3875 (Word version) -- Reps. Robinson and H. Brown: A BILL TO AMEND SECTION 11-11-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF GENERAL TAX INCREASES OR NEW GENERAL TAXES IN THE ANNUAL GENERAL APPROPRIATIONS ACT OR IN SUPPLEMENTAL APPROPRIATIONS ACTS, SO AS TO PROHIBIT IN SUCH ACTS ANY PERMANENT LAW PROVISIONS AFFECTING THE VARIOUS STATE RETIREMENT SYSTEMS.
Referred to Committee on Ways and Means

CONCURRENT RESOLUTION

The following was introduced:

H. 3872 (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 BOYS CROSS COUNTRY CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Allison                Altman                 Bales
Barfield               Barrett                Battle
Bowers                 Breeland               Brown H.
Brown J.               Brown T.               Carnell
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Gamble
Gilham                 Gourdine               Hamilton
Harrison               Harvin                 Hawkins
Hayes                  Hines M.               Hinson
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Maddox
Martin                 Mason                  McCraw
McGee                  McKay                  McLeod W.
McMahand               Meacham                Miller
Moody-Lawrence         Ott                    Parks
Phillips               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scott
Sharpe                 Sheheen                Simrill
Smith J.               Smith R.               Stille
Stuart                 Taylor                 Trotter
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkins
Witherspoon            Woodrum                Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, April 7.

Donald Allen                           Harry Askins
George Bailey                          Scott Beck
George Campsen                         Ralph Canty
William Clyburn                        Gilda Cobb-Hunter
Doug Smith                                  Fletcher Smith
Grady Brown                            Jerry Govan
Robert Harrell                         Anthony Harris
Terry Haskins                          Jesse Hines
Larry Koon                                  Steve Lanford
James Law                                   E.B. "Mac" McLeod
David Mack                                  Joseph Neal
Denny Neilson                          Clementa Pinckney
Todd Rutherford                        Lynn Seithel
Ronald Townsend                        Daniel Tripp
Jackson Whipper                        Timothy Wilkes
Total Present--120

SPECIAL PRESENTATION

Reps. ALLISON, EASTERDAY and SHEHEEN presented to the House Wendy Willis of Camden, the current "Miss South Carolina" and the 1999 contestants competing in the "Miss South Carolina Pageant."

SPECIAL PRESENTATION

Rep. WEBB presented to the House the Clemson University Lady Tigers Basketball Team, their coaches and other university officials, congratulating them for their many accomplishments for the 1998-99 season.

DOCTOR OF THE DAY

Announcement was made that Dr. Beverly Simons is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

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."

CO-SPONSOR ADDED

Bill Number:     H. 3617 (Word version)
Date:         ADD:
04/07/99     RISER

CO-SPONSOR ADDED

Bill Number:     H. 3617 (Word version)
Date:         ADD:
04/07/99     RODGERS

CO-SPONSOR ADDED

Bill Number:     H. 3617 (Word version)
Date:         ADD:
04/07/99     BREELAND

CO-SPONSOR REMOVED

Bill Number:     H. 3573 (Word version)
Date:         REMOVE:
04/07/99     ROBINSON

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate:

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.

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.

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.

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.

ORDERED TO THIRD READING

The following Joint Resolution was taken up, read the second time, and ordered to a third reading:

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.

RETURNED TO THE SENATE WITH AMENDMENT

The following Joint Resolution was taken up, read the third time, and ordered returned to the Senate with amendments:

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 INFORMATION WAS OBTAINED FROM A DRIVER'S LICENSE RECORD.

H. 3418 -- RECOMMITTED

The following Bill was taken up:

H. 3418 (Word version) -- Reps. Sharpe and R. Smith: A BILL TO AMEND SECTION 48-33-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF FOREST LAND, SO AS TO FURTHER DEFINE "FOREST LAND"; TO AMEND SECTION 48-33-30, RELATING TO THE DEFINITION OF FOREST FIRE, SO AS TO FURTHER DEFINE "FOREST FIRE"; TO AMEND SECTION 48-33-60, RELATING TO COUNTY FORESTRY BOARDS, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO THE ANNUAL FOREST FIRE PROTECTION PLAN AND PROVIDE THAT COUNTY FOREST FIRE PROTECTION OFFICES SHALL BE EMPLOYED ONLY WITH THE CONSENT OF THE COUNTY FORESTRY BOARD; AND TO AMEND SECTION 48-33-70, RELATING TO PLANS FOR FOREST FIRE PROTECTION, SO AS TO PROVIDE THAT THE STATE COMMISSION OF FORESTRY SHALL PREPARE A PLAN FOR FOREST FIRE PROTECTION.
Rep. PHILLIPS moved to recommit the Bill, which was agreed to.

H. 3500 -- DEBATE ADJOURNED

Rep. SCOTT moved to adjourn debate upon the following Bill until Thursday, April 8, which was adopted:

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 MEMBER OF A MUNICIPAL OR COUNTY ELECTION COMMISSION FROM PARTICIPATING IN CERTAIN POLITICAL ACTIVITY, SO AS TO PROVIDE THAT A MEMBER IS NOT ELIGIBLE FOR REAPPOINTMENT ONCE REMOVED FROM A COMMISSION BY THE GOVERNOR.

S. 36 -- REQUESTS FOR DEBATE

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.

Reps. SCOTT, NEAL, LLOYD, BAILEY, WHIPPER, FLEMING, HARRISON, EASTERDAY and PHILLIPS requested debate on the Bill.

H. 3547 -- DEBATE ADJOURNED

Rep. SCOTT moved to adjourn debate upon the following Bill until Thursday, April 8, which was adopted:

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 SERVICE CHARGE FROM TWENTY-FIVE TO THIRTY DOLLARS.

H. 3807 -- DEBATE ADJOURNED

Rep. SCOTT moved to adjourn debate upon the following Bill until Thursday, April 8, which was adopted:

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.

H. 3812 -- REQUESTS FOR DEBATE

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. SCOTT moved to adjourn debate on the Joint Resolution, which was rejected by a division vote of 18 to 25.

Reps. WALKER, COBB-HUNTER, MCMAHAND, LITTLEJOHN, ALLISON, DAVENPORT, MILLER, W. MCLEOD, LLOYD, OTT, EASTERDAY, TRIPP, CATO, HASKINS, VAUGHN, HAMILTON, LOFTIS, LEACH and LEE requested debate on the Joint Resolution.

H. 3482 -- REQUESTS FOR DEBATE

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.

Reps. KELLEY, KEEGAN, COOPER, LLOYD, LAW, T. BROWN, KENNEDY, BALES, SANDIFER and BAILEY requested debate on the Bill.

H. 3477 -- POINT OF ORDER

The following Bill was taken up:

H. 3477 (Word version) -- Reps. Neilson, Seithel, Sharpe, J. Brown, J. Smith, R. Smith, Rhoad, Lucas, Davenport, Lee, Mason, Altman, Keegan, Harrison, McCraw, Clyburn, J. Hines, Bales, Lourie, Lanford, Bauer and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-190 SO AS TO CREATE A MODEL LEGISLATURE ON AGING ISSUES TO BE ADMINISTERED BY THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE, INC.; TO PROVIDE FOR THE PURPOSES OF THE LEGISLATURE; AND TO PROVIDE THAT MEMBERS MUST BE SELECTED BY THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE IN COORDINATION WITH THE STATE'S NETWORK OF AGING PROGRAMS.

POINT OF ORDER

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.

S. 604 -- POINT OF ORDER

The following Joint Resolution was taken up:

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.

POINT OF ORDER

Rep. SCOTT 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.

H. 3824 -- POINT OF ORDER

The following Joint Resolution was taken up:

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, RELATING TO EXAMINATIONS, LICENSES, TESTING, RECORDS, CERTIFICATION CHIROPRACTOR/PATIENT RELATIONSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2326, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. SCOTT 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.

H. 3825 -- POINT OF ORDER

The following Joint Resolution was taken up:

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.

POINT OF ORDER

Rep. HOWARD 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.

H. 3829 -- POINT OF ORDER

The following Bill was taken up:

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.

POINT OF ORDER

Rep. LLOYD 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.

OBJECTION TO RECALL

Rep. CATO asked unanimous consent to recall S. 603 from the Committee on Labor, Commerce and Industry.
Rep. BALES objected.

H. 3188 -- NON-CONCURRENCE IN SENATE AMENDMENTS

The Senate amendments to the following Bill were taken up for consideration:

H. 3188 (Word version) -- Reps. Knotts, Edge, Rodgers, Whatley and Simrill: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.

Rep. TOWNSEND explained the Senate Amendments.

The House refused to agree to the Senate amendments and a message was ordered sent accordingly.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. FLEMING.

H. 3677 -- INTERRUPTED DEBATE

Debate was resumed on the following Joint Resolution, the pending question being the consideration of amendments:

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. 17 (Doc Name COUNCIL\DKA\AMEND\3290MM99), 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 person who is delinquent in paying child support may not collect on a winning lottery ticket unless the State first withholds the amount of the child support owed and, in an appropriate case as determined by the family court that issued the support order, an amount sufficient to guarantee future payments of child support./
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 person who is delinquent in paying child support may not collect on a winning lottery ticket unless the State first withholds the amount of the child support owed and, in an appropriate case as determined by the family court that issued the support order, an amount sufficient to guarantee future payments of child support/.
Amend title to conform.

Rep. ALTMAN explained the amendment.

POINT OF ORDER

Rep. SCOTT raised a Point of Order that Amendment No. 17 was not germane to the Joint Resolution.

Rep. HASKINS stated that the Joint Resolution authorizes a lottery and directs how the revenue is to be spent and that the amendment further directs how the revenue is to be collected and spent.

SPEAKER WILKINS stated that the amendment was germane to the Joint Resolution and he therefore overruled the Point of Order.

Rep. ALTMAN continued speaking.

POINT OF ORDER

Rep. JENNINGS raised a Point of Order that Amendment No. 17 was in violation of Article XVI, Section 2 of the Constitution of the State of South Carolina, which requires that two or more amendments submitted at the same time should be submitted separately to the voters of South Carolina.

SPEAKER WILKINS overruled the Point of Order.

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:

Yeas 63; Nays 37

Those who voted in the affirmative are:

Bailey                 Battle                 Bowers
Breeland               Brown G.               Brown H.
Brown J.               Brown T.               Carnell
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Edge                   Emory                  Gamble
Govan                  Harris                 Harrison
Harvin                 Hayes                  Hines J.
Hinson                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Law                    Lee
Lloyd                  Lourie                 Lucas
McCraw                 McLeod M.              McLeod W.
Miller                 Moody-Lawrence         Neilson
Ott                    Parks                  Phillips
Quinn                  Riser                  Rutherford
Scott                  Seithel                Sheheen
Smith D.               Smith F.               Smith J.
Stuart                 Webb                   Whatley
Whipper                Wilder                 Wilkes
Wilkins                Woodrum                Young-Brickell

Total--63

Those who voted in the negative are:

Allison                Altman                 Bales
Barfield               Barrett                Beck
Campsen                Cato                   Davenport
Delleney               Fleming                Hamilton
Harrell                Haskins                Howard
Klauber                Koon                   Leach
Littlejohn             Loftis                 Martin
Mason                  McGee                  Meacham
Neal                   Rice                   Robinson
Rodgers                Sandifer               Simrill
Smith R.               Taylor                 Tripp
Trotter                Vaughn                 Walker
Witherspoon

Total--37

So, the amendment was tabled.

Rep. ALTMAN proposed the following Amendment No. 18 (Doc Name COUNCIL\DKA\AMEND\3291MM99), 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 person may not collect on a winning lottery ticket in an amount exceeding five thousand dollars until his creditors have been given notice of, and an opportunity to make a claim against, the winnings by publishing the ticket holder's name, address, and social security number (1) at least twice in a newspaper of general circulation in the county of his residence and (2) for thirty days on the Internet./
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 person may not collect on a winning lottery ticket in an amount exceeding five thousand dollars until his creditors have been given notice of, and an opportunity to make a claim against, the winnings by publishing the ticket holder's name, address, and social security number (1) at least twice in a newspaper of general circulation in the county of his residence and (2) for thirty days on the Internet /.
Amend title to conform.

Rep. ALTMAN explained the amendment.

Rep. YOUNG-BRICKELL moved cloture on the entire matter.

The yeas and nays were taken resulting as follows:

Yeas 72; Nays 32

Those who voted in the affirmative are:

Bailey                 Bales                  Barrett
Battle                 Breeland               Brown G.
Brown H.               Brown J.               Carnell
Chellis                Clyburn                Cobb-Hunter
Cotty                  Dantzler               Edge
Gamble                 Gourdine               Govan
Harrison               Harvin                 Hawkins
Hayes                  Hines J.               Hines M.
Hinson                 Howard                 Inabinett
Jennings               Keegan                 Kennedy
Klauber                Knotts                 Law
Lee                    Limehouse              Lloyd
Lourie                 Lucas                  Maddox
Martin                 McCraw                 McGee
McLeod W.              Meacham                Miller
Moody-Lawrence         Neal                   Neilson
Ott                    Parks                  Phillips
Quinn                  Rhoad                  Riser
Rodgers                Rutherford             Sandifer
Scott                  Seithel                Sharpe
Smith D.               Smith J.               Smith R.
Stuart                 Taylor                 Townsend
Whatley                Whipper                Wilder
Wilkes                 Woodrum                Young-Brickell

Total--72

Those who voted in the negative are:

Allison                Altman                 Beck
Brown T.               Campsen                Canty
Cato                   Cooper                 Davenport
Delleney               Emory                  Fleming
Hamilton               Harrell                Haskins
Kelley                 Kirsh                  Koon
Leach                  Littlejohn             Loftis
Mason                  McLeod M.              Rice
Robinson               Sheheen                Simrill
Stille                 Tripp                  Trotter
Vaughn                 Wilkins

Total--32

So, cloture was ordered.

Rep. LITTLEJOHN spoke in favor of the amendment.
Rep. FLEMING spoke in favor of the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. FLEMING continued speaking.
Rep. KELLEY moved to table the amendment.

Rep. ALTMAN demanded the yeas and nays, which were taken, resulting as follows:

Yeas 64; Nays 33

Those who voted in the affirmative are:

Battle                 Breeland               Brown G.
Brown H.               Brown J.               Brown T.
Campsen                Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Edge                   Emory                  Gamble
Gourdine               Govan                  Harvin
Hawkins                Hayes                  Hines J.
Hinson                 Howard                 Inabinett
Keegan                 Kelley                 Kennedy
Kirsh                  Knotts                 Law
Lee                    Lloyd                  Lourie
Lucas                  Maddox                 McCraw
McLeod M.              McLeod W.              Miller
Moody-Lawrence         Neilson                Ott
Parks                  Phillips               Quinn
Rhoad                  Rodgers                Rutherford
Scott                  Seithel                Sheheen
Smith F.               Smith J.               Smith R.
Stuart                 Whatley                Whipper
Wilder                 Wilkes                 Woodrum
Young-Brickell

Total--64

Those who voted in the negative are:

Allison                Altman                 Bales
Barfield               Barrett                Beck
Canty                  Davenport              Delleney
Fleming                Hamilton               Harris
Haskins                Klauber                Leach
Limehouse              Littlejohn             Loftis
Mason                  McGee                  McKay
Meacham                Rice                   Riser
Robinson               Sandifer               Simrill
Stille                 Taylor                 Tripp
Trotter                Vaughn                 Witherspoon

Total--33

So, the amendment was tabled.

Rep. ALTMAN proposed the following Amendment No. 19 (Doc Name COUNCIL\GGS\AMEND\22222CM99), which was tabled.
Amend the resolution, as and if amended, Section 7 as contained in SECTION 1, by adding after the period on line 36, page 1:
/ For the protection of children, a lottery must not be advertised on television or radio between the hours of 7:00 A.M. and 10:00 P.M. /
Amend the resolution further, Section 2 by adding after / law / on line 15, page 2:
/ , and to provide that for the protection of children a lottery must not be advertised on television or radio between the hours of 7:00 A.M. and 10:00 P.M. /
Amend title to conform.

Rep. ALTMAN explained the amendment.
Rep. SCOTT moved to table the amendment.

Rep. RICE demanded the yeas and nays, which were taken, resulting as follows:

Yeas 63; Nays 40

Those who voted in the affirmative are:

Bailey                 Battle                 Bowers
Brown G.               Brown H.               Brown J.
Brown T.               Carnell                Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Dantzler               Edge
Gamble                 Govan                  Harrell
Harrison               Harvin                 Hayes
Hines J.               Hinson                 Howard
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Knotts
Law                    Limehouse              Lloyd
Lourie                 Maddox                 Martin
McCraw                 McLeod W.              Miller
Moody-Lawrence         Ott                    Parks
Phillips               Pinckney               Quinn
Rhoad                  Rutherford             Scott
Seithel                Sheheen                Smith D.
Smith F.               Smith J.               Smith R.
Stuart                 Townsend               Webb
Whatley                Whipper                Wilder
Wilkes                 Woodrum                Young-Brickell

Total--63

Those who voted in the negative are:

Allison                Altman                 Bales
Barfield               Barrett                Beck
Campsen                Canty                  Cato
Davenport              Delleney               Emory
Fleming                Hamilton               Harris
Haskins                Hawkins                Kirsh
Klauber                Koon                   Leach
Littlejohn             Loftis                 Lucas
Mason                  McGee                  Meacham
Neal                   Rice                   Riser
Robinson               Sandifer               Simrill
Stille                 Taylor                 Tripp
Trotter                Vaughn                 Walker
Witherspoon

Total--40

So, the amendment was tabled.

SPEAKER IN CHAIR

Rep. ALTMAN proposed the following Amendment No. 20 (Doc Name COUNCIL\GGS\AMEND\22221CM99), which was tabled.
Amend the resolution, as and if amended, Section 7 as contained in SECTION 1, by adding after the period on line 36, page 1:
/ Beginning with the second year of a lottery, advertising costs of the lottery shall not exceed three percent (3%) of the previous year's net proceeds of the lottery to the State. /
Amend the resolution further, Section 2 by adding after / law / on line 15, page 2:
/ , and to provide that beginning with the second year of a lottery, advertising costs of the lottery shall not exceed three percent (3%) of the previous year's net proceeds of the lottery to the state /
Amend title to conform.

Rep. ALTMAN explained the amendment.
Rep. SCOTT moved to table the amendment.

Rep. ALTMAN demanded the yeas and nays, which were taken, resulting as follows:

Yeas 59; Nays 39

Those who voted in the affirmative are:

Bailey                 Battle                 Bowers
Breeland               Brown G.               Brown H.
Brown J.               Brown T.               Carnell
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Edge                   Emory                  Gamble
Harrell                Harvin                 Hayes
Hines J.               Hinson                 Inabinett
Keegan                 Kelley                 Knotts
Law                    Limehouse              Lloyd
Lourie                 Lucas                  Maddox
McCraw                 McGee                  McLeod M.
McLeod W.              Miller                 Neilson
Ott                    Parks                  Phillips
Pinckney               Quinn                  Rutherford
Scott                  Seithel                Sharpe
Sheheen                Smith D.               Smith J.
Smith R.               Stuart                 Webb
Whatley                Whipper                Wilder
Wilkes                 Young-Brickell

Total--59

Those who voted in the negative are:

Allison                Altman                 Bales
Barfield               Barrett                Beck
Canty                  Cato                   Davenport
Delleney               Hamilton               Harris
Haskins                Hawkins                Hines M.
Kirsh                  Klauber                Lanford
Leach                  Littlejohn             Loftis
Martin                 Mason                  McKay
Meacham                Neal                   Rice
Riser                  Robinson               Sandifer
Simrill                Stille                 Taylor
Trotter                Vaughn                 Walker
Wilkins                Witherspoon            Woodrum

Total--39

So, the amendment was tabled.

Rep. ALTMAN proposed the following Amendment No. 21 (Doc Name COUNCIL\DKA\AMEND\3292MM99), 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 advertised or publicized in any outdoor medium, for the protection of children of tender years./
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 advertised or publicized in any outdoor medium, for the protection of children of tender years /.
Amend title to conform.

Rep. ALTMAN explained the amendment.

POINT OF ORDER

Rep. SCOTT raised a Point of Order that Amendment No. 21 was out of order in that it was not germane to the Joint Resolution.

SPEAKER WILKINS overruled the Point of Order.

Rep. SCOTT moved to table the amendment.

Rep. ALTMAN demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 44 to 27.

Rep. ALTMAN proposed the following Amendment No. 22 (Doc Name COUNCIL\GGS\AMEND\22217MM99), 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:
/ Twenty 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 encourage and promote tourism. /
Amend further, page 2, SECTION 2, by inserting before / the / on line 11:
/ twenty 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 encourage and promote tourism and /
Amend title to conform.

Rep. ALTMAN explained the amendment.
Rep. SCOTT moved to table the amendment.

Rep. HASKINS demanded the yeas and nays, which were taken, resulting as follows:

Yeas 63; Nays 28

Those who voted in the affirmative are:

Allison                Bailey                 Bales
Battle                 Bowers                 Breeland
Brown G.               Brown T.               Carnell
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Edge                   Gamble                 Harrell
Harrison               Harvin                 Hawkins
Hayes                  Hines J.               Hinson
Inabinett              Keegan                 Kelley
Klauber                Knotts                 Law
Lloyd                  Lourie                 Lucas
Maddox                 McCraw                 McGee
McKay                  McLeod W.              Meacham
Miller                 Moody-Lawrence         Neilson
Ott                    Parks                  Phillips
Quinn                  Rhoad                  Robinson
Rodgers                Rutherford             Scott
Seithel                Sheheen                Smith F.
Smith J.               Smith R.               Stuart
Taylor                 Townsend               Whatley
Whipper                Wilder                 Young-Brickell

Total--63

Those who voted in the negative are:

Altman                 Barfield               Barrett
Campsen                Davenport              Delleney
Fleming                Hamilton               Haskins
Kirsh                  Koon                   Lanford
Leach                  Limehouse              Littlejohn
Loftis                 Martin                 Mason
Rice                   Riser                  Sandifer
Sharpe                 Simrill                Stille
Trotter                Vaughn                 Witherspoon
Woodrum

Total--28

So, the amendment was tabled.

LEAVE OF ABSENCE

The SPEAKER granted Rep. KNOTTS a temporary leave of absence.

Rep. ALTMAN proposed the following Amendment No. 23 (Doc Name COUNCIL\GGS\AMEND\22218MM99), 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:
/ Twenty 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 provide for the purchase of up-to-date textbooks and workbooks for public school students in grades K-5.
Amend further, page 2, SECTION 2, by inserting before / the / on line 11:
/ twenty 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 provide for the purchase of up-to-date textbooks and workbooks for public school students in grades K-5 and /
Amend title to conform.

Rep. ALTMAN explained the amendment.
Rep. SCOTT moved to table the amendment.

Rep. ALTMAN demanded the yeas and nays, which were taken, resulting as follows:

Yeas 56; Nays 37

Those who voted in the affirmative are:

Allen                  Bailey                 Bowers
Breeland               Brown H.               Brown T.
Campsen                Carnell                Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Dantzler               Emory
Gamble                 Govan                  Harrison
Harvin                 Hayes                  Hines J.
Hinson                 Howard                 Inabinett
Keegan                 Kelley                 Kennedy
Law                    Lloyd                  Lourie
Lucas                  Maddox                 McCraw
McGee                  McLeod M.              McLeod W.
Miller                 Moody-Lawrence         Neilson
Ott                    Parks                  Phillips
Rhoad                  Rodgers                Rutherford
Scott                  Seithel                Sheheen
Smith J.               Stuart                 Webb
Whipper                Wilder                 Wilkes
Woodrum                Young-Brickell

Total--56

Those who voted in the negative are:

Allison                Altman                 Bales
Barfield               Barrett                Canty
Davenport              Delleney               Easterday
Hamilton               Harrell                Harris
Haskins                Kirsh                  Klauber
Lanford                Leach                  Limehouse
Littlejohn             Loftis                 Martin
Mason                  Meacham                Rice
Riser                  Robinson               Sandifer
Sharpe                 Simrill                Smith F.
Smith R.               Stille                 Taylor
Townsend               Vaughn                 Walker
Wilkins

Total--37

So, the amendment was tabled.

Rep. ALTMAN proposed the following Amendment No. 24 (Doc Name COUNCIL\GGS\AMEND\22219MM99), 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:
/ Twenty 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 provide for the establishment and operation of alternative school programs in each school district.
Amend further, page 2, SECTION 2, by inserting before / the / on line 11:
/ twenty 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 provide for the establishment and operation of alternative school programs in each school district and /
Amend title to conform.

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:

Yeas 51; Nays 33

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown G.               Brown H.
Carnell                Chellis                Cobb-Hunter
Cotty                  Dantzler               Edge
Gamble                 Harrell                Harrison
Hinson                 Howard                 Inabinett
Jennings               Keegan                 Kelley
Law                    Lloyd                  Lourie
Lucas                  Maddox                 McCraw
McGee                  McLeod W.              Miller
Ott                    Parks                  Phillips
Pinckney               Rhoad                  Rodgers
Scott                  Seithel                Sheheen
Smith J.               Smith R.               Stuart
Taylor                 Townsend               Webb
Wilder                 Wilkes                 Young-Brickell

Total--51

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Campsen                Canty
Davenport              Delleney               Easterday
Hamilton               Haskins                Hawkins
Kirsh                  Klauber                Leach
Limehouse              Littlejohn             Loftis
Martin                 Mason                  Meacham
Neal                   Rice                   Riser
Robinson               Sharpe                 Simrill
Smith F.               Stille                 Tripp
Vaughn                 Walker                 Woodrum

Total--33

So, the amendment was tabled.

SPEAKER PRO TEMPORE IN CHAIR

Rep. ALTMAN proposed the following Amendment No. 26 (Doc Name COUNCIL\GGS\AMEND\22220MM99), 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:
/ Twenty percent of the net proceeds of the lottery must be set aside in a separate fund in the State Treasury and returned annually to the governing body of each county pursuant to a formula as the General Assembly shall direct. /
Amend further, page 2, SECTION 2, by inserting before / the / on line 11:
/ twenty percent of the net proceeds must be set aside in a separate fund in the State Treasury and returned annually to the governing body of each county as the General Assembly shall direct and /
Amend title to conform.

Rep. ALTMAN explained the amendment.
Rep. SCOTT moved to table the amendment.

Rep. ALTMAN demanded the yeas and nays, which were taken, resulting as follows:

Yeas 59; Nays 31

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown G.               Brown H.
Carnell                Chellis                Clyburn
Cobb-Hunter            Cooper                 Cotty
Dantzler               Edge                   Gamble
Harrell                Harrison               Harvin
Hawkins                Hayes                  Hines J.
Inabinett              Keegan                 Kelley
Klauber                Law                    Lloyd
Lucas                  Mack                   Maddox
McCraw                 McGee                  McLeod M.
McLeod W.              Miller                 Moody-Lawrence
Neilson                Ott                    Parks
Phillips               Pinckney               Rhoad
Rutherford             Scott                  Seithel
Sheheen                Smith F.               Smith J.
Smith R.               Stuart                 Taylor
Webb                   Whipper                Wilder
Wilkes                 Woodrum

Total--59

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Campsen                Davenport
Delleney               Easterday              Emory
Fleming                Hamilton               Harris
Haskins                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Mason                  McKay                  Neal
Rice                   Riser                  Sandifer
Simrill                Stille                 Tripp
Trotter                Vaughn                 Walker
Witherspoon

Total--31

So, the amendment was tabled.

Rep. Delleney proposed the following Amendment No. 27 (Doc Name COUNCIL\BBM\AMEND\9085SOM99), 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. A lottery is a gambling game in which a large number of tickets are sold and a drawing is held for the distribution of certain prizes by chance. Only the State may conduct lotteries, and these lotteries must be conducted in the manner that the General Assembly provides by law. The revenue derived from the lotteries must first be used to pay all operating expenses and prizes for the lotteries. The remaining lottery revenues must be credited to a separate fund in the State Treasury styled the 'Education Lottery Account', and the earnings on this account must be credited to it. Education Lottery Account proceeds may be used only for education purposes as the General Assembly provides by law.

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 is not be deemed considered a lottery prohibited by this section. Except as authorized in this section, all other games of chance or other forms of gaming or gambling are prohibited."
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 to provide that lotteries, as defined in this section, may be conducted only by the State in the manner that the General Assembly provides by law with the lottery revenues first being used to pay operating expenses and prizes and the remaining revenues credited to a separate 'Education Lottery Account' in the state treasury, the earnings on which are credited to this account, with all account proceeds used only for education as the General Assembly provides by law?

Yes     []
No     []

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     3.     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 further amended to prohibit all other games of chance or other forms of gaming or gambling except as specifically authorized by this section?

Yes     []
No     []

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'." /
Amend title to conform.

Rep. DELLENEY explained the amendment.
Rep. CARNELL spoke against the amendment.

POINT OF ORDER

Rep. KELLEY raised a Point of Order that Amendment No. 27 was out of order in that it was not germane to the Joint Resolution.

Rep. DELLENEY stated that the amendment seeks to amend Article XVII, which is a miscellaneous section covering numerous topics.

Rep. EASTERDAY argued contra.

SPEAKER PRO TEMPORE HASKINS stated that under Rule 9.3, nothing shall prevent the adoption of an amendment which rewrites the Bill in its entirety if the Bill as rewritten remains germane to the original title of the Bill. He stated further that the Speaker has to rule based on the amendment as a whole and not whether one sentence in the amendment would be nongermane. He stated that the amendment defined, authorized, and regulated lotteries, and he therefore overruled the Point of Order.

Rep. EASTERDAY spoke in favor of the amendment.
Rep. CARNELL spoke against the amendment.
Rep. QUINN moved to table the amendment.

Rep. ROBINSON demanded the yeas and nays, which were taken, resulting as follows:

Yeas 56; Nays 52

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Battle                 Breeland               Brown G.
Brown H.               Brown J.               Brown T.
Carnell                Chellis                Cobb-Hunter
Cotty                  Dantzler               Edge
Gamble                 Harrell                Harrison
Harvin                 Hayes                  Hines J.
Hinson                 Howard                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Law                    Lee
Limehouse              Lloyd                  Lourie
Mack                   Maddox                 McLeod M.
McLeod W.              Miller                 Ott
Parks                  Pinckney               Quinn
Rhoad                  Riser                  Rodgers
Rutherford             Sandifer               Scott
Seithel                Smith J.               Stuart
Whipper                Wilder                 Wilkes
Woodrum                Young-Brickell

Total--56

Those who voted in the negative are:

Allison                Altman                 Bales
Barrett                Bowers                 Campsen
Canty                  Cooper                 Davenport
Delleney               Easterday              Emory
Fleming                Gourdine               Hamilton
Harris                 Haskins                Hawkins
Hines M.               Kirsh                  Klauber
Koon                   Leach                  Littlejohn
Loftis                 Lucas                  Mason
McCraw                 McGee                  McKay
McMahand               Meacham                Moody-Lawrence
Neal                   Neilson                Phillips
Rice                   Robinson               Sharpe
Sheheen                Simrill                Smith F.
Smith R.               Stille                 Taylor
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Witherspoon

Total--52

So, the amendment was tabled.

SPEAKER IN CHAIR

Rep. EASTERDAY proposed the following Amendment No. 28 (Doc Name COUNCIL\NBD\AMEND\11221JM99), which was ruled out of order.
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:

/     SECTION     1.     There is created the South Carolina Gambling Impact Study Commission, hereinafter referred to as the 'commission'.

The commission shall conduct a comprehensive legal and factual study of the social and economic impacts of gambling on (a) state and local, governments; and (b) communities and social institutions, including the individuals, families, and businesses which compose them. At a minimum, the study shall include the following:

(1)     a review of existing government policies and practices regarding legalizing and prohibiting gambling, including the costs of such policies and practices;

(2)     an assessment of the relationship between gambling and levels of crime, including existing enforcement and regulatory practices that address such relationship;

(3)     an assessment of pathological or problem gambling, including its impact on individuals, families, businesses, social institutions, and the economy;

(4)     an assessment of gambling's impact on individuals, families, businesses, social institutions, and the economy generally, including advertising's role in promoting gambling and gambling's impact on depressed economic areas;

(5)     an assessment of the extent to which gambling provides revenue to state and local governments and the extent to which possible alternative revenue sources may exist for such governments; and

(6)     an assessment of the interstate and international effects of electronic gambling, including the use of interactive technologies and the Internet.
SECTION     2.     The commission shall comprehensively report its findings and conclusions, together with its recommendations, if any, to the Governor, the Attorney General, the Senate, and the House of Representatives no later than March 1, 2000. The report shall include summaries of all material the commission relied on in preparing the report, including summaries of reports made by the Advisory Commission on Intergovernmental Relations and the National Research Council, if the commission considers these reports appropriate.
SECTION     3.     The commission shall consist of twelve members. One member shall be appointed by the Attorney General of South Carolina and must be from a law enforcement background. Another member must be a member of the Senate to be appointed by the President of the Senate. Another member must be a member of the House of Representatives to be appointed by the Speaker of the House of Representatives. Three members must be appointed by the Governor from the public at large. Three members must be appointed by the President of the Senate from the public at large, and three members must be appointed by the Speaker of the House of Representatives from the public at large. All of the commission members must be residents of South Carolina. The members of the commission shall elect a chairman, a vice chairman, and any other officers the commission considers advisable.

The commission shall meet as often as it considers necessary to conduct its business. The commission shall receive clerical and related assistance from employees of the Governor's Office, the Attorney General's Office, the Senate, and the House of Representatives, as designated by the Governor, the Attorney General and the presiding officers of the two legislative bodies, respectively. The members of the commission shall not receive any compensation for their service but are allowed the mileage, subsistence, and per diem as provided by state law for members of state boards, committees, and commissions. The commission members shall consult among themselves, to the extent possible, to achieve a fair and equitable representation of the various points of view regarding those issues that the commission is to study. Seven commissioners shall constitute a quorum to conduct official business, but the commission may establish a lesser quorum to conduct hearings.

The persons comprising the clerical and related assistance shall not receive any additional compensation for their service to the commission. Funding for the operations of the commission shall consist of the funds appropriated for that purpose by the General Assembly.
SECTION     4.     The commission shall have the power to:

(1) conduct hearings as it deems advisable to execute its duties;

(2) issue subpoenas to compel production of information from anywhere in the State;

(3) issue subpoenas to compel oral or written explanations of materials obtained by subpoena; and

(4) secure information directly from any state or local department or agency.
SECTION     5.         The commission shall terminate thirty days after the date on which it submits its report.
SECTION     6.         This joint resolution takes effect upon approval by the Governor. /
Amend title to conform.

Rep. EASTERDAY explained the amendment.

POINT OF ORDER

Rep. KELLEY raised a Point of Order that Amendment No. 28 was out of order in that it was not germane to the Joint Resolution.

Rep. EASTERDAY stated that the amendment sets up a South Carolina Gambling Impact Study Commission, which would look at all forms of gambling.

SPEAKER WILKINS stated that the amendment was not a constitutional amendment. He stated further that the substantial effect and impact of the amendment and the substantial effect and impact of the Joint Resolution were different. He therefore sustained the Point of Order and ruled the amendment out of order.

Rep. EASTERDAY proposed the following Amendment No. 29 (Doc Name COUNCIL\NBD\AMEND\11222JM99), which was ruled out of order.
Amend the resolution, as and if amended, by inserting the following appropriately numbered Sections, to read:

/     SECTION     ___.     There is created the South Carolina Gambling Impact Study Commission, hereinafter referred to as the 'commission'.

The commission shall conduct a comprehensive legal and factual study of the social and economic impacts of gambling on (a) state and local, governments; and (b) communities and social institutions, including the individuals, families, and businesses which compose them. At a minimum, the study shall include the following:

(1)     a review of existing government policies and practices regarding legalizing and prohibiting gambling, including the costs of such policies and practices;

(2)     an assessment of the relationship between gambling and levels of crime, including existing enforcement and regulatory practices that address such relationship;

(3)     an assessment of pathological or problem gambling, including its impact on individuals, families, businesses, social institutions, and the economy;

(4)     an assessment of gambling's impact on individuals, families, businesses, social institutions, and the economy generally, including advertising's role in promoting gambling and gambling's impact on depressed economic areas;

(5)     an assessment of the extent to which gambling provides revenue to state and local governments and the extent to which possible alternative revenue sources may exist for such governments; and

(6)     an assessment of the interstate and international effects of electronic gambling, including the use of interactive technologies and the Internet.
SECTION     ___.     The commission shall comprehensively report its findings and conclusions, together with its recommendations, if any, to the Governor, the Attorney General, the Senate, and the House of Representatives no later than March 1, 2000. The report shall include summaries of all material the commission relied on in preparing the report, including summaries of reports made by the Advisory Commission on Intergovernmental Relations and the National Research Council, if the commission considers these reports appropriate.
SECTION     ___.     The commission shall consist of twelve members. One member shall be appointed by the Attorney General of South Carolina and must be from a law enforcement background. Another member must be a member of the Senate to be appointed by the President of the Senate. Another member must be a member of the House of Representatives to be appointed by the Speaker of the House of Representatives. Three members must be appointed by the Governor from the public at large. Three members must be appointed by the President of the Senate from the public at large, and three members must be appointed by the Speaker of the House of Representatives from the public at large. All of the commission members must be residents of South Carolina. The members of the commission shall elect a chairman, a vice chairman, and any other officers the commission considers advisable.

The commission shall meet as often as it considers necessary to conduct its business. The commission shall receive clerical and related assistance from employees of the Governor's Office, the Attorney General's Office, the Senate, and the House of Representatives, as designated by the Governor, the Attorney General and the presiding officers of the two legislative bodies, respectively. The members of the commission shall not receive any compensation for their service but are allowed the mileage, subsistence, and per diem as provided by state law for members of state boards, committees, and commissions. The commission members shall consult among themselves, to the extent possible, to achieve a fair and equitable representation of the various points of view regarding those issues that the commission is to study. Seven commissioners shall constitute a quorum to conduct official business, but the commission may establish a lesser quorum to conduct hearings.

The persons comprising the clerical and related assistance shall not receive any additional compensation for their service to the commission. Funding for the operations of the commission shall consist of the funds appropriated for that purpose by the General Assembly.
SECTION     ___.     The commission shall have the power to:

(1) conduct hearings as it deems advisable to execute its duties;

(2) issue subpoenas to compel production of information from anywhere in the State;

(3) issue subpoenas to compel oral or written explanations of materials obtained by subpoena; and

(4) secure information directly from any state or local department or agency.
SECTION     ___.     The commission shall terminate thirty days after the date on which it submits its report.
SECTION     ___.     This joint resolution takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. EASTERDAY explained the amendment.

POINT OF ORDER

Rep. KELLEY raised a Point of Order that Amendment No. 29 was out of order in that the amendment was not germane to the Joint Resolution.

Rep EASTERDAY argued contra.

SPEAKER WILKINS stated that there was no constitutional question in the amendment. He stated further that the substantial effect of the amendment and the substantial effect of the Joint Resolution were not the same. He therefore sustained the Point of Order and ruled the amendment out of order.

Reps. EASTERDAY and CAMPSEN proposed the following Amendment No. 30 (Doc Name \NBD\AMEND\11223JM99), which was tabled.
Amend the resolution, as and if amended, by striking SECTION 1 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. Only the State may conduct lotteries, and these lotteries must be conducted in the manner that the General Assembly provides by law. The revenue derived from the lotteries must first be used to pay all operating expenses and prizes for the lotteries. The remaining lottery revenues must be credited to a separate fund in the State Treasury styled the 'Education Lottery Account', and the earnings on this account must be credited to it. Education Lottery Account proceeds may be used only for education purposes as the General Assembly provides by law. The LOTTERIES authorized in this section shall not be advertised.

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 is not be deemed considered a lottery prohibited by this section." /
Amend further, by striking SECTION 2 and inserting:
/     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:

"Shall Section 7, Article XVII of the Constitution of this State be amended so as to delete references to the prohibition on lotteries and ticket sales and to provide that lotteries may be conducted only by the State in the manner that the General Assembly provides by law with the lottery revenues first being used to pay operating expenses and prizes and the remaining revenues credited to a separate 'Education Lottery Account' in the state treasury, the earnings on which are credited to this account, with all account proceeds used only for education as the General Assembly provides by law, and to prohibit the advertising of the lotteries authorized hereunder?

Yes     []
No     []

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'." /
Amend title to conform.

Rep. EASTERDAY explained the amendment.
Rep. SCOTT moved to table the amendment.

Rep. EASTERDAY demanded the yeas and nays, which were taken, resulting as follows:

Yeas 58; Nays 39

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown H.               Brown J.
Brown T.               Carnell                Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Dantzler               Edge
Harrell                Harrison               Harvin
Hayes                  Hines J.               Hinson
Howard                 Inabinett              Keegan
Kelley                 Kennedy                Klauber
Law                    Lee                    Limehouse
Lloyd                  Lourie                 Lucas
Mack                   McLeod M.              McLeod W.
Miller                 Neilson                Ott
Parks                  Phillips               Quinn
Rhoad                  Rutherford             Scott
Seithel                Sheheen                Smith J.
Smith R.               Stuart                 Taylor
Whipper                Wilder                 Wilkes
Young-Brickell

Total--58

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Campsen                Canty
Davenport              Delleney               Easterday
Fleming                Gourdine               Hamilton
Harris                 Haskins                Hawkins
Hines M.               Kirsh                  Leach
Littlejohn             Loftis                 Martin
Mason                  Meacham                Neal
Pinckney               Rice                   Robinson
Rodgers                Sandifer               Sharpe
Simrill                Stille                 Tripp
Vaughn                 Walker                 Webb
Wilkins                Witherspoon            Woodrum

Total--39

So, the amendment was tabled.

STATEMENT FOR THE JOURNAL

I was out of the chamber meeting with a tour group when the roll call vote was taken on Amendment No. 30. Had I been in the chamber I would have voted to table the amendment.

Rep. MARGARET GAMBLE

Rep. TRIPP moved to table the Joint Resolution.

Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken, resulting as follows:

Yeas 23; Nays 76

Those who voted in the affirmative are:

Altman                 Barrett                Campsen
Cooper                 Davenport              Easterday
Fleming                Hamilton               Harris
Haskins                Kirsh                  Leach
Loftis                 Mason                  Meacham
Rice                   Sandifer               Sharpe
Simrill                Stille                 Tripp
Walker                 Woodrum

Total--23

Those who voted in the negative are:

Allen                  Allison                Askins
Bailey                 Bales                  Battle
Bowers                 Breeland               Brown G.
Brown H.               Brown J.               Brown T.
Carnell                Chellis                Clyburn
Cobb-Hunter            Cotty                  Dantzler
Delleney               Edge                   Emory
Harrell                Harrison               Hawkins
Hayes                  Hines J.               Hinson
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Klauber                Koon                   Lanford
Law                    Lee                    Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Martin
McCraw                 McGee                  McLeod M.
McLeod W.              Miller                 Neal
Neilson                Ott                    Parks
Phillips               Pinckney               Quinn
Riser                  Robinson               Rodgers
Rutherford             Scott                  Seithel
Sheheen                Smith J.               Smith R.
Stuart                 Taylor                 Vaughn
Webb                   Whipper                Wilder
Wilkes                 Wilkins                Witherspoon
Young-Brickell

Total--76

So, the House refused to table the Joint Resolution.

STATEMENT FOR THE JOURNAL

I was in a meeting discussing another issue (as chairman of the LCI committee) and missed the roll call vote to table the Lottery Bill. I would have voted to table the Bill. I am going to vote against the Lottery Bill.

Rep. HARRY CATO

Rep. DAVENPORT proposed the following Amendment No. 31 (Doc Name COUNCIL\KGH\AMEND\15431HTC99), which was tabled.
Amend the resolution, as and if amended, in Section 7, as contained in SECTION 1, Page 1, by striking lines 34, 35, and 36 and inserting:
/ on this account must be credited to it. One half of the Education Lottery Account proceeds may be used only for education purposes as the General Assembly provides by law. The remaining proceeds must be distributed to the school districts of the State on a per pupil basis and used to roll back property taxes imposed for schools. /
Amend further, in SECTION 2, Page 2, by striking lines 14 and 15 and inserting:
/ with one-half of all account proceeds used for education as the General Assembly provides by law and one-half distributed to school districts on a per pupil basis and used to roll back property taxes imposed for schools? /
Renumber sections to conform.
Amend totals and title to conform.

Rep. DAVENPORT explained the amendment.
Rep. SCOTT spoke against the amendment.
Rep. DAVENPORT spoke in favor of the amendment.
Rep. SCOTT moved to table the amendment.

Rep. DAVENPORT demanded the yeas and nays, which were taken, resulting as follows:

Yeas 56; Nays 45

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Breeland
Brown G.               Brown H.               Brown T.
Carnell                Chellis                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Emory                  Gamble                 Gourdine
Harrell                Hayes                  Hines J.
Hinson                 Howard                 Inabinett
Jennings               Kelley                 Kennedy
Klauber                Law                    Lloyd
Lourie                 Mack                   Maddox
McCraw                 McGee                  McLeod W.
McMahand               Miller                 Moody-Lawrence
Ott                    Parks                  Quinn
Rhoad                  Riser                  Rutherford
Scott                  Seithel                Sheheen
Smith J.               Smith R.               Stuart
Taylor                 Webb                   Whipper
Wilder                 Young-Brickell

Total--56

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Bowers                 Brown J.
Campsen                Cato                   Davenport
Delleney               Edge                   Fleming
Hamilton               Harris                 Harrison
Haskins                Hawkins                Keegan
Kirsh                  Lanford                Leach
Limehouse              Littlejohn             Loftis
Lucas                  Martin                 Mason
McKay                  Meacham                Neal
Phillips               Rice                   Robinson
Rodgers                Sandifer               Sharpe
Simrill                Stille                 Tripp
Trotter                Vaughn                 Walker
Wilkins                Witherspoon            Woodrum

Total--45

So, the amendment was tabled.

LEAVE OF ABSENCE

The SPEAKER granted Rep. F. SMITH a temporary leave of absence.

Rep. M. MCLEOD proposed the following Amendment No. 32 (Doc Name COUNCIL\PT\AMEND\1330DW99), which was tabled.
Amend the resolution, as and if amended, page 1, by striking lines 35 and 36 and inserting:

/ proceeds must be used in addition to the amounts appropriated by the General Assembly in fiscal year 1999-2000 and the General Assembly may not fund education at a level less than fifty-four percent of the amounts appropriated in any one year excluding funds from the lottery account./
Amend further, page 2, by striking lines 14 and 15 and inserting:

/ with all account proceeds used in addition to the amounts appropriated by the General Assembly in fiscal year 1999-2000 and the General Assembly may not fund education at a level less than fifty-four percent of the total amount appropriated in any one year excluding funds from the lottery account?/

Renumber sections to conform.
Amend title to conform.

Rep. M. MCLEOD explained the amendment.
Rep. SCOTT moved to table the amendment, which was agreed to.

Rep. ALLISON moved that the House recede until 2:00 P.M., which was agreed to.

Further proceedings were interrupted by the House receding, the pending question being consideration of amendments.

THE HOUSE RESUMES

At 2:00 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

H. 3677 -- ORDERED TO THIRD READING

Debate was resumed on the following Joint Resolution, the pending question being the consideration of amendments:

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.

Be it enacted by the General Assembly of the State of South Carolina:

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. Only the State may conduct lotteries, and these lotteries must be conducted in the manner that the General Assembly provides by law. The revenue derived from the lotteries must first be used to pay all operating expenses and prizes for the lotteries. The remaining lottery revenues must be credited to a separate fund in the State Treasury styled the 'Education Lottery Account', and the earnings on this account must be credited to it. Education Lottery Account proceeds may be used only for education purposes as the General Assembly provides by law.

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 is not be deemed considered a lottery prohibited by this section."

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 to provide that lotteries may be conducted only by the State in the manner that the General Assembly provides by law with the lottery revenues first being used to pay operating expenses and prizes and the remaining revenues credited to a separate 'Education Lottery Account' in the state treasury, the earnings on which are credited to this account, with all account proceeds used only for education as the General Assembly provides by law?

Yes     []
No     []

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. RICE moved to recommit the Joint Resolution.

Rep. KELLEY moved to table the motion.

Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:

Yeas 56; Nays 25

Those who voted in the affirmative are:

Askins                 Bales                  Breeland
Brown H.               Carnell                Chellis
Clyburn                Cobb-Hunter            Dantzler
Emory                  Gamble                 Gourdine
Harrison               Hawkins                Hayes
Hinson                 Inabinett              Keegan
Kelley                 Knotts                 Law
Lee                    Littlejohn             Lloyd
Lourie                 Lucas                  Mack
Maddox                 McCraw                 McGee
McLeod M.              McLeod W.              Miller
Neilson                Ott                    Parks
Rhoad                  Riser                  Rodgers
Rutherford             Sandifer               Scott
Sheheen                Smith D.               Smith J.
Smith R.               Stuart                 Taylor
Vaughn                 Whatley                Whipper
Wilder                 Wilkes                 Wilkins
Woodrum                Young-Brickell

Total--56

Those who voted in the negative are:

Altman                 Barrett                Beck
Campsen                Cato                   Cooper
Delleney               Easterday              Fleming
Hamilton               Harris                 Haskins
Kirsh                  Koon                   Leach
Loftis                 Mason                  Meacham
Rice                   Robinson               Sharpe
Simrill                Stille                 Trotter
Walker

Total--25

So, the motion to recommit was tabled.

Rep. ALTMAN proposed the following Amendment No. 33 (Doc Name COUNCIL\PT\AMEND\1396DW99), which was tabled.
Amend the resolution, as and if amended, page 1, line 32, Section 7, as contained in SECTION 1, by inserting immediately after /revenues/ / , except for five percent of the net proceeds which must be used for assistance to rape victims, /
Amend further, page 2, line 14, as contained in SECTION 2, by inserting immediately after /proceeds/ / , except for five percent of the net proceeds which must be used for assistance to rape victims be /
Amend title to conform.

Rep. ALTMAN explained the amendment.
Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 34 (Doc Name Council\PT\AMEND\1398DW99), which was tabled.
Amend the resolution, as and if amended, page 1, line 32, Section 7, as contained in SECTION 1, by inserting immediately after /revenues/ / , except for ten percent of the net proceeds which must be allocated to give assistance and restitution to crime victims as provided by law, /
Amend further, page 2, line 14, as contained in SECTION 2, by inserting immediately after /proceeds/ / , except for ten percent of the net proceeds which must be allocated to give assistance and restitution to crime victims according to law, /
Amend title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 35 (Doc Name COUNCIL\PT\AMEND\1400DW99), which was rejected.
Amend the resolution, as and if amended, page 1, line 36, Section 7, as contained in SECTION 1, by inserting immediately after /law./ a new paragraph to read:

/ Lottery winnings by one spouse are presumed to be one-half the property of the other spouse, in the absence of a prior court-approved property settlement agreement saying otherwise. /
Amend further, page 2, line 14, as contained in SECTION 2, by inserting immediately after /proceeds/ / and provide that lottery winnings by one spouse are presumed to be one-half the property of the other spouse, in the absence of a prior court-approved property settlement agreement saying otherwise /
Amend title to conform.

Rep. ALTMAN explained the amendment.
Rep. ALTMAN moved to table the amendment, which was rejected.

The question then recurred to the adoption of the amendment.

Rep. SCOTT demanded the yeas and nays, which were taken, resulting as follows:

Yeas 23; Nays 62

Those who voted in the affirmative are:

Altman                 Barrett                Beck
Delleney               Easterday              Fleming
Hamilton               Harris                 Haskins
Koon                   Law                    Leach
Littlejohn             Loftis                 McCraw
McGee                  Meacham                Rice
Sharpe                 Simrill                Walker
Witherspoon            Woodrum

Total--23

Those who voted in the negative are:

Allen                  Allison                Askins
Bales                  Battle                 Breeland
Brown G.               Brown H.               Campsen
Carnell                Cato                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Dantzler               Davenport
Emory                  Gamble                 Harrison
Hawkins                Hayes                  Hines J.
Inabinett              Keegan                 Kelley
Kirsh                  Knotts                 Lee
Lloyd                  Lourie                 Lucas
Mack                   Maddox                 McLeod M.
McLeod W.              Miller                 Moody-Lawrence
Neilson                Ott                    Phillips
Rhoad                  Rodgers                Rutherford
Sandifer               Scott                  Seithel
Sheheen                Smith J.               Smith R.
Stille                 Stuart                 Taylor
Trotter                Vaughn                 Webb
Whatley                Wilder                 Wilkes
Wilkins                Young-Brickell

Total--62

So, the amendment was rejected.

Rep. ALTMAN proposed the following Amendment No. 36 (Doc Name COUNCIL\PT\AMEND\1399DW99), which was tabled.
Amend the resolution, as and if amended, page 1, line 36, Section 7, as contained in SECTION 1, by inserting immediately after /law./ a new paragraph to read:

/ Lottery winnings are considered marital property and subject to equitable distribution under the domestic relations laws of the State according to law. /
Amend further, page 2, line 15, as contained in SECTION 2, by inserting immediately after /law/ / and provide that lottery winnings are considered marital property and subject to equitable distribution under the domestic relations law of the State according to law /
Amend title to conform.

Rep. ALTMAN explained the amendment.
Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 37 (Doc Name COUNCIL\BBM\AMEND\9166SOM99), 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 29:
/ Business establishments licensed by the State to sell lottery tickets are prohibited from selling beer, wine, or alcoholic liquors. /
Amend further, page 2, SECTION 2, by inserting after /law/ on line 10:
/, to provide that business establishments licensed by the State to sell lottery tickets are prohibited from selling beer, wine, or alcoholic liquors, and /
Renumber sections to conform.
Amend totals and title to conform.
Rep. ALTMAN explained the amendment.
Rep. KELLEY moved to table the amendment, which was agreed to by a division vote of 48 to 29.

Rep. ALTMAN proposed the following Amendment No. 38 (Doc Name COUNCIL\BBM\AMEND\9167SOM99), 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 29:
/ A business establishment licensed by the State to sell lottery tickets shall not have as an employee, agent, volunteer, or owner of a beneficial interest in the establishment any person who has been convicted of or pled guilty to any crime punishable by more than thirty days imprisonment. /
Amend further, page 2, SECTION 2, by inserting after /law/ on page 10:
/, to provide that business establishments licensed to sell lottery tickets shall not have any employee, agent, volunteer, or owner with a beneficial interest who has been convicted of or pled guilty to a crime punishable by more than thirty days imprisonment, and /
Renumber sections to conform.
Amend totals and title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 39 (Doc Name COUNCIL\BBM\AMEND\9168SOM99), 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 29:
/ All business establishments licensed to sell lottery tickets must post and file a security bond in the manner the General Assembly provides by law. /
Amend further, page 2, Section 2, by inserting after /law/ on line 10:
/, to provide that business establishments licensed to sell lottery tickets must post and file a security bond in the manner the General Assembly provides by law, and /
Renumber sections to conform.
Amend totals and title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 40 (Doc Name COUNCIL\BBM\AMEND\9169SOM99), 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 29:
/ Business establishments licensed to sell lottery tickets must not be compensated more than one percent of the gross lottery ticket sales. /
amend further, page 2, Section 2, by inserting after /law/ on line 10:
/, to provide that business establishments licensed to sell lottery tickets must not be compensated more than one percent of the gross lottery ticket sales, and /
Renumber sections to conform.
Amend totals and title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 41 (Doc Name COUNCIL\BBM\AMEND\9170SOM99), 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 29:
/ Once purchased, lottery tickets shall not be transferred or negotiated for anything of value or distributed as a gift. /
Amend further, page 2, Section 2, by inserting after /law/ on line 10:
/, to provide that, once purchased, lottery tickets shall not be transferred or negotiated for anything of value or distributed as a gift, and /
Renumber sections to conform.
Amend totals and title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 42 (Doc Name COUNCIL\KGH\AMEND\15496DC99), which was tabled.
Amend the resolution, as and if amended, in SECTION 2, Page 2, beginning on line 7, by striking all of line 7 after the phrase /be amended so as to/ through the end of line 15, and inserting:
/ read: (here insert the language of the proposed Section 7, Article XVII of the Constitution, as proposed by the joint resolution finally enacted by the General Assembly). /
Renumber sections to conform.
Amend totals and title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 43 (Doc Name COUNCIL\GGS\AMEND\22268DC99), which was tabled.
Amend the resolution, as and if amended, Section 7 as contained in SECTION 1, page 1, by adding a new paragraph after line 36 to read:

/ Beginning in the year 2002, if the net proceeds to the State from lotteries conducted by the State fall below seventy-five million dollars in any fiscal year, the lotteries conducted by the State must be terminated and closed permanently./
Amend further, page 2, in the question contained in SECTION 2, line 15, after / law/ by adding /, and to provide that, beginning in the year 2002, if the net proceeds to the State from lotteries conducted by the State fall below seventy-five million dollars in any fiscal year, the lotteries conducted by the State must be terminated and closed permanently / so that when amended, the question reads:

"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 to provide that lotteries may be conducted only by the State in the manner that the General Assembly provides by law with the lottery revenues first being used to pay operating expenses and prizes and the remaining revenues credited to a separate 'Education Lottery Account' in the state treasury, the earnings on which are credited to this account, with all account proceeds used only for education as the General Assembly provides by law, and to provide that, beginning in the year 2002, if the net proceeds to the State from lotteries conducted by the State fall below seventy-five million dollars in any fiscal year, the lotteries conducted by the State must be terminated and closed permanently?

Yes         []
No         []

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 totals and title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 44 (Doc Name COUNCIL\GGS\AMEND\22267DC99), which was tabled.
Amend the resolution, as and if amended, Section 7 as contained in SECTION 1, page 1, by adding a new paragraph after line 36 to read:

/ All financial matters connected with a state lottery must be fully audited annually by a nationally recognized audit firm, and the report of the audit must be published annually. /
Amend further, page 2, in the question contained in Section 2, Line 15, after / law / by adding /, and to provide that all financial matters connected with a state lottery must be fully audited and a report of the audit published annually / so that when amended, the question reads:

"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 to provide that lotteries may be conducted only by the State in the manner that the General Assembly provides by law with the lottery revenues first being used to pay operating expenses and prizes and the remaining revenues credited to a separate 'Education Lottery Account' in the state treasury, the earnings on which are credited to this account, with all account proceeds used only for education as the General Assembly provides by law, and to provide that all financial matters connected with a state lottery must be fully audited and a report of the audit published annually?

Yes     []
No     []

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. ALTMAN explained the amendment.
Rep. SCOTT spoke against the amendment.
Rep. SCOTT moved to table the amendment.

Rep. FLEMING demanded the yeas and nays, which were taken, resulting as follows:

Yeas 52; Nays 39

Those who voted in the affirmative are:

Allen                  Battle                 Breeland
Brown G.               Brown H.               Brown J.
Brown T.               Carnell                Cato
Chellis                Cobb-Hunter            Cooper
Cotty                  Dantzler               Gamble
Gourdine               Harrison               Hayes
Hines J.               Hines M.               Inabinett
Keegan                 Kelley                 Knotts
Law                    Lee                    Lloyd
Lourie                 Lucas                  Mack
McCraw                 McLeod M.              McLeod W.
Miller                 Neilson                Ott
Phillips               Rhoad                  Rodgers
Rutherford             Scott                  Seithel
Sheheen                Smith J.               Smith R.
Stuart                 Taylor                 Webb
Whatley                Wilder                 Wilkes
Young-Brickell

Total--52

Those who voted in the negative are:

Allison                Altman                 Bales
Barfield               Barrett                Beck
Campsen                Clyburn                Davenport
Delleney               Easterday              Emory
Fleming                Hamilton               Harris
Haskins                Hawkins                Kirsh
Klauber                Koon                   Leach
Littlejohn             Loftis                 McKay
Meacham                Neal                   Quinn
Rice                   Robinson               Sandifer
Sharpe                 Simrill                Stille
Tripp                  Vaughn                 Walker
Wilkins                Witherspoon            Woodrum

Total--39

So, the amendment was tabled.

Rep. ALTMAN proposed the following Amendment No. 45 (Doc Name COUNCIL\GGS\AMEND\22269DC99), which was tabled.
Amend the resolution, as and if amended, by striking Section 7 as contained in SECTION 1 and inserting:
/     "Section 7.     No lottery shall ever be allowed or be advertised by newspapers, or otherwise, or its tickets sold in this State. Only the State may conduct lotteries, and these lotteries must be conducted in the manner that the General Assembly provides by law. The revenue derived from the lotteries must first be used to pay all operating expenses and prizes for the lotteries. The remaining lottery revenues must be credited to a separate fund in the State Treasury styled the 'Education Lottery Account', and the earnings on this account must be credited to it. Education Lottery Account proceeds may be used only for education purposes as the General Assembly provides by law.

All lottery prizes paid to a winning person must be taxed by the State at the rate of twenty-five percent of the prize amount paid out to the winning person. The amount of the tax must be withheld at the point and time of payment to the winning person and turned over to the general fund. The tax collected from the prize paid to a winning person is not part of the state's net proceeds of the lottery.

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 is not be deemed considered a lottery prohibited by this section." /
Amend further, page 2, in the question contained in SECTION 2, line 15, after / law/ by adding /, and to further provide that all lottery prizes paid to a winning person must be taxed by the State at the rate of twenty-five percent of the prize amount paid out to the winning person, that the amount of the tax must be withheld at the point and time of payment to the winning person and turned over to the general fund, and that the tax collected from the prize paid to a winning person is not part of the State's net proceeds of the lottery / so that when amended, the question reads:

"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 to provide that lotteries may be conducted only by the State in the manner that the General Assembly provides by law with the lottery revenues first being used to pay operating expenses and prizes and the remaining revenues credited to a separate 'Education Lottery Account' in the state treasury, the earnings on which are credited to this account, with all account proceeds used only for education as the General Assembly provides by law, and to further provide that all lottery prizes paid to a winning person must be taxed by the State at the rate of twenty-five percent of the prize amount paid out to the winning person, that the amount of the tax must be withheld at the point and time of payment to the winning person and turned over to the general fund, and that the tax collected from the prize paid to a winning person is not part of the State's net proceeds of the lottery?

Yes         []
No         []

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 totals and title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 46 (Doc Name Council\NBD\AMEND\11261JM99), which was tabled.
Amend the resolution, as and if amended, by striking SECTION 1 on page 1 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. Only the State may conduct lotteries, and these lotteries must be conducted in the manner that the General Assembly provides by law. The revenue derived from the lotteries must first be used to pay all operating expenses and prizes for the lotteries. Ten percent of the lottery revenues must be expended on pre-natal care and education in the manner provided by the General Assembly by law. The remaining lottery revenues must be credited to a separate fund in the State Treasury styled the 'Education Lottery Account', and the earnings on this account must be credited to it. Education Lottery Account proceeds may be used only for education purposes as the General Assembly provides by law.

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 is not be deemed considered a lottery prohibited by this section."/
Amend further, by striking SECTION 2 on page 2 and inserting:
/ 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:

"Shall 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 to provide that lotteries may be conducted only by the State in the manner that the General Assembly provides by law with the lottery revenues first being used to pay operating expenses and prizes, with ten percent of the lottery revenues being expended on pre-natal care and education in the manner provided by the General Assembly by law, and with the remaining revenues being credited to a separate 'Education Lottery Account' in the state treasury, the earnings on which are credited to this account, with all account proceeds used only for education as the General Assembly provides by law?

Yes     []
No     []

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'." /
Amend totals and title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 47 (Doc Name Council\KGH\AMEND\15495DC99), which was tabled.
Amend the resolution, as and if amended, in Section 7, as contained in SECTION 1, page 1, beginning on line 33, by striking / Education /.
Amend the resolution, as and if amended, in Section 7, as contained in SECTION 1, page 1, beginning on line 34, by striking / Education /.
Amend the resolution, as and if amended, in Section 7, as contained in SECTION 1, page 1, beginning on line 33, by striking / Education /.
Amend the resolution, as and if amended, in Section 7, as contained in SECTION 1, page 1, beginning on line 33, by striking / education /.
Amend the resolution, as and if amended, in SECTION 2, page 2, beginning on line 12, by striking / Education /.
Amend the resolution, as and if amended, in SECTION 2, page 2, beginning on line 14, by striking / only for education /.
Renumber sections to conform.
Amend totals and title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 48 (Doc Name Council\NBD\AMEND\11258JM99), which was tabled.
Amend the resolution, as and if amended, by striking SECTION 1 on page 1 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. Only the State may conduct lotteries, and these lotteries must be conducted in the manner that the General Assembly provides by law. The revenue derived from the lotteries must first be used to pay all operating expenses and prizes for the lotteries. Thirty percent of the net lottery proceeds must be distributed to the various retirement systems provided for in Title 9 of the 1976 Code of Laws, divided pro-rata based on the number of members in each of the retirement systems. The remaining lottery revenues must be credited to a separate fund in the State Treasury styled the 'Education Lottery Account', and the earnings on this account must be credited to it. Education Lottery Account proceeds may be used only for education purposes as the General Assembly provides by law.

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 is not be deemed considered a lottery prohibited by this section." /
Amend further, by striking SECTION 2 on page 2 and inserting:
/ 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:

"Shall 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 to provide that lotteries may be conducted only by the State in the manner that the General Assembly provides by law with the lottery revenues first being used to pay operating expenses and prizes, with thirty percent of the net lottery proceeds being distributed to the various retirement systems provided for in Title 9 of the 1976 Code of Laws divided pro-rata based on the number of members in each of the retirement systems, and with the remaining revenues being credited to a separate 'Education Lottery Account' in the state treasury the earnings on which are to be credited to this account with all account proceeds used only for education as the General Assembly provides by law?

Yes     []
No     []

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'." /
Amend totals and title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 49 (Doc Name Council\NBD\AMEND\11259JM99), which was tabled.
Amend the resolution, as and if amended, by striking SECTION 1 on page 1 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. Only the State may conduct lotteries, and these lotteries must be conducted in the manner that the General Assembly provides by law. The revenue derived from the lotteries must first be used to pay all operating expenses and prizes for the lotteries. The remaining lottery revenues must be credited to a separate fund in the State Treasury styled the 'Education Lottery Account', and the earnings on this account must be credited to it. Education Lottery Account proceeds may be used only for education purposes as the General Assembly provides by law. Provided, that no individual serving as a member of the General Assembly at any time after March 23, 1999, nor any member at any time after March 23, 1999 of such individual's immediate family, shall be eligible to receive, either directly or indirectly, any lottery prize; provided, further, that 'immediate family' member means spouse, son, daughter, stepson, and stepdaughter.     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 is not be deemed considered a lottery prohibited by this section." /
Amend further, by striking SECTION 2 on page 2 and inserting:
/ 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:

"Shall 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, to provide that lotteries may be conducted only by the State in the manner that the General Assembly provides by law with the lottery revenues first being used to pay operating expenses and prizes and the remaining revenues credited to a separate 'Education Lottery Account' in the state treasury, the earnings on which are credited to this account, with all account proceeds used only for education as the General Assembly provides by law, to provide that no individual serving as a member of the General Assembly at any time after March 23, 1999, nor any member at any time after March 23, 1999 of such individual's immediate family, shall be eligible to receive either, directly or indirectly, any lottery prize, and to provide that, for the purposes of this section, 'immediate family' member means spouse, son, daughter, stepson, and stepdaughter?

Yes     []
No     []

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'." /
Amend totals and title to conform.

Rep. ALTMAN explained the amendment.
Rep. SCOTT moved to table the amendment.

Rep. TRIPP demanded the yeas and nays, which were taken, resulting as follows:

Yeas 56; Nays 43

Those who voted in the affirmative are:

Allen                  Allison                Askins
Battle                 Breeland               Brown H.
Brown J.               Brown T.               Carnell
Chellis                Cobb-Hunter            Cooper
Cotty                  Dantzler               Gamble
Govan                  Harrison               Hayes
Hines J.               Inabinett              Keegan
Kelley                 Kennedy                Knotts
Law                    Lee                    Lloyd
Lourie                 Mack                   Maddox
McCraw                 McLeod M.              McLeod W.
Miller                 Moody-Lawrence         Neilson
Ott                    Phillips               Rhoad
Riser                  Rodgers                Rutherford
Scott                  Seithel                Sheheen
Smith D.               Smith J.               Smith R.
Taylor                 Webb                   Whatley
Whipper                Wilder                 Wilkes
Woodrum                Young-Brickell

Total--56

Those who voted in the negative are:

Altman                 Bales                  Barfield
Barrett                Beck                   Brown G.
Campsen                Clyburn                Davenport
Delleney               Easterday              Emory
Fleming                Hamilton               Harrell
Harris                 Haskins                Hawkins
Kirsh                  Klauber                Koon
Leach                  Littlejohn             Loftis
Lucas                  Mason                  McGee
McKay                  Meacham                Neal
Quinn                  Rice                   Robinson
Sandifer               Sharpe                 Simrill
Stille                 Tripp                  Trotter
Vaughn                 Walker                 Wilkins
Witherspoon

Total--43

So, the amendment was tabled.

Rep. ALTMAN proposed the following Amendment No. 50 (Doc Name COUNCIL\NBD\AMEND\11260JM99), which was tabled.
Amend the resolution, as and if amended, by striking SECTION 1 on page 1 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. Only the State may conduct lotteries, and these lotteries must be conducted in the manner that the General Assembly provides by law. The revenue derived from the lotteries must first be used to pay all operating expenses and prizes for the lotteries. Fifty percent of the lottery revenues must be used for bonuses for state employees, payable in equal amounts annually on December first. The remaining lottery revenues must be credited to a separate fund in the State Treasury styled the 'Education Lottery Account', and the earnings on this account must be credited to it. Education Lottery Account proceeds may be used only for education purposes as the General Assembly provides by law.

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 is not be deemed considered a lottery prohibited by this section." /
Amend further, by striking SECTION 2 on page 2 and inserting:
/ 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:

"Shall 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 to provide that lotteries may be conducted only by the State in the manner that the General Assembly provides by law with the lottery revenues first being used to pay operating expenses and prizes, with fifty percent of the lottery revenues being used for bonuses for state employees payable in equal amounts annually on December first, and with the remaining revenues being credited to a separate 'Education Lottery Account' in the state treasury, the earnings on which are credited to this account, with all account proceeds used only for education as the General Assembly provides by law?

Yes     []
No     []

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'." /
Amend totals and title to conform.

Rep. ALTMAN explained the amendment.
Rep. SCOTT moved to table the amendment, which was agreed to.

Rep. RICE proposed the following Amendment No. 51 (Doc Name Council\GJK\AMEND\20529HTC99), which was tabled.
Amend the resolution, as and if amended, by adding two sections appropriately numbered at the end to read:
/ SECTION     ___.     It is proposed that Section 7, Article XVII of the Constitution of this State be amended by adding a new paragraph at the end to read:

"The proportion of the general fund of the State expended on education must never be less than such proportion in the fiscal year immediately preceding the fiscal year in which education revenues are first received from a state-run lottery."
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 the proportion of the general fund of the State expended on education must never be less than such proportion in the fiscal year immediately preceding the fiscal year in which education revenues are first received from a state-run lottery?

Yes     []
No     []

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 totals and title to conform.

Rep. RICE explained the amendment.
Rep. SCOTT moved to table the amendment.

Rep. SIMRILL demanded the yeas and nays, which were taken, resulting as follows:

Yeas 59; Nays 41

Those who voted in the affirmative are:

Allen                  Askins                 Battle
Bowers                 Breeland               Brown G.
Brown H.               Brown J.               Brown T.
Campsen                Carnell                Chellis
Clyburn                Cobb-Hunter            Cooper
Dantzler               Gamble                 Govan
Harrison               Hayes                  Hines J.
Howard                 Inabinett              Keegan
Kelley                 Kennedy                Knotts
Law                    Lee                    Lloyd
Lourie                 Lucas                  Mack
Maddox                 McCraw                 McLeod M.
McLeod W.              Miller                 Moody-Lawrence
Neilson                Ott                    Phillips
Quinn                  Rhoad                  Riser
Rodgers                Rutherford             Scott
Seithel                Sheheen                Smith D.
Smith J.               Smith R.               Taylor
Whatley                Whipper                Wilder
Wilkes                 Young-Brickell

Total--59

Those who voted in the negative are:

Allison                Altman                 Bales
Barfield               Barrett                Beck
Cato                   Davenport              Delleney
Easterday              Emory                  Fleming
Gourdine               Hamilton               Harrell
Harris                 Haskins                Hawkins
Hines M.               Kirsh                  Klauber
Koon                   Leach                  Littlejohn
Loftis                 McGee                  McKay
Meacham                Neal                   Rice
Robinson               Sandifer               Sharpe
Simrill                Tripp                  Trotter
Vaughn                 Walker                 Webb
Wilkins                Witherspoon

Total--41

So, the amendment was tabled.

Rep. RICE proposed the following Amendment No. 52 (Doc Name Council\GJK\AMEND\20527HTC99), which was tabled.
Amend the resolution, as and if amended, in Section 7, as contained in SECTION 1, page 1, line 32, by striking /must/ and inserting /, but not less than forty percent of total lottery revenues, must /
Amend further, page 2, in the question contained in SECTION 2, line 12, by striking /revenues/ and inserting /revenues, but not less than forty percent of total lottery revenues, /
Renumber sections to conform.
Amend totals and title to conform.

Rep. RICE explained the amendment.
Rep. SCOTT spoke against the amendment.
Rep. SCOTT moved to table the amendment.

Rep. RICE demanded the yeas and nays, which were taken, resulting as follows:

Yeas 59; Nays 40

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Battle                 Bowers                 Breeland
Brown G.               Brown H.               Brown J.
Brown T.               Carnell                Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Dantzler               Edge
Gamble                 Govan                  Harrison
Hayes                  Hines J.               Howard
Inabinett              Keegan                 Kelley
Klauber                Knotts                 Law
Lee                    Lloyd                  Lourie
Lucas                  Mack                   McCraw
McLeod M.              McLeod W.              Miller
Moody-Lawrence         Neilson                Ott
Phillips               Quinn                  Rhoad
Riser                  Rodgers                Rutherford
Scott                  Seithel                Sheheen
Smith J.               Smith R.               Taylor
Whatley                Whipper                Wilder
Wilkes                 Young-Brickell

Total--59

Those who voted in the negative are:

Allison                Altman                 Bales
Barfield               Barrett                Beck
Campsen                Cato                   Davenport
Delleney               Emory                  Fleming
Gourdine               Hamilton               Harrell
Harris                 Haskins                Hawkins
Hines M.               Kirsh                  Koon
Leach                  Littlejohn             Loftis
McGee                  McKay                  Meacham
Neal                   Rice                   Robinson
Sandifer               Simrill                Stille
Tripp                  Trotter                Vaughn
Walker                 Wilkins                Witherspoon
Woodrum

Total--40

So, the amendment was tabled.

Rep. CAMPSEN proposed the following Amendment No. 53 (Doc Name Council\BBM\AMEND\9207DJC99), which was tabled.
Amend the resolution, as and if amended, Section 7 as contained in SECTION 1, page 1, by adding a new paragraph after line 36 to read:

/ All advertising in connection with any state lottery must meet the same standards of truth in advertising that private advertisers engaged in interstate commerce are subject to under state and federal law and must include a conspicuous statement as to the probability of winning./
Amend further, page 2, in the question contained in SECTION 2, line 15, after /law/ by adding /, and to provide that all advertising in connection with any state lottery must meet the same standards of truth in advertising that private advertisers engaged in interstate commerce are subject to under state and federal law and must include a conspicuous statement as to the probability of winning./
Renumber sections to conform.
Amend totals and title to conform.

Rep. CAMPSEN explained the amendment.
Rep. SCOTT moved to table the amendment.

Rep. EASTERDAY demanded the yeas and nays, which were taken, resulting as follows:

Yeas 56; Nays 41

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Battle                 Breeland               Brown G.
Brown H.               Brown J.               Brown T.
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Edge                   Gamble                 Hayes
Hines J.               Howard                 Inabinett
Keegan                 Kelley                 Kennedy
Knotts                 Law                    Lee
Lloyd                  Lourie                 Lucas
Mack                   Maddox                 McCraw
McLeod M.              McLeod W.              Miller
Moody-Lawrence         Neilson                Ott
Parks                  Phillips               Quinn
Rhoad                  Riser                  Rodgers
Rutherford             Scott                  Seithel
Sheheen                Smith J.               Smith R.
Whatley                Whipper                Wilder
Wilkes                 Young-Brickell

Total--56

Those who voted in the negative are:

Allison                Altman                 Bales
Barfield               Barrett                Beck
Bowers                 Campsen                Cato
Davenport              Delleney               Easterday
Emory                  Fleming                Hamilton
Harrell                Harris                 Haskins
Hawkins                Kirsh                  Klauber
Koon                   Leach                  Littlejohn
Loftis                 McGee                  McKay
Meacham                Rice                   Robinson
Sandifer               Sharpe                 Simrill
Stille                 Taylor                 Tripp
Trotter                Vaughn                 Wilkins
Witherspoon            Woodrum

Total--41

So, the amendment was tabled.

Rep. DAVENPORT proposed the following Amendment No. 54 (Doc Name COUNCIL\KGH\AMEND\15518HTC99), 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.     Except when conducted by the State, no lottery shall ever be is allowed or may be advertised by newspapers, or otherwise, or its tickets be sold in this State. Only the State may conduct lotteries, and these state lotteries must be conducted in the manner that the General Assembly provides by law.

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 is not be deemed considered a lottery prohibited by this section."
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 authorize lotteries only when conducted by the State in the manner that the General Assembly provides by law?

Yes     []
No     []

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     3.     It is proposed that Section 7, Article XVII of the Constitution of this State be AMENDED by adding a new paragraph at the end to read:

"If a state-run lottery is authorized by this Constitution, all of the net proceeds of the lottery must be used for kindergarten through grade twelve public education in the manner that the General Assembly shall provide by law."
SECTION     4.     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 the net revenues of a state-run lottery authorized by the constitution must be used for kindergarten through grade twelve public education in the manner that the General Assembly shall provide by law?

Yes     []
No     []

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 totals and title to conform.

Rep. DAVENPORT explained the amendment.
Rep. SCOTT moved to table the amendment.

Rep. DAVENPORT demanded the yeas and nays, which were taken, resulting as follows:

Yeas 58; Nays 36

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Battle                 Breeland               Brown G.
Brown H.               Brown J.               Brown T.
Carnell                Chellis                Clyburn
Cobb-Hunter            Cooper                 Cotty
Dantzler               Edge                   Emory
Gamble                 Gourdine               Govan
Hayes                  Hines J.               Howard
Inabinett              Keegan                 Kelley
Kennedy                Knotts                 Law
Lee                    Lloyd                  Lourie
Lucas                  Mack                   Maddox
McCraw                 McLeod W.              Miller
Moody-Lawrence         Neilson                Parks
Phillips               Quinn                  Rhoad
Riser                  Rodgers                Rutherford
Scott                  Seithel                Sheheen
Smith J.               Smith R.               Whatley
Whipper                Wilder                 Wilkes
Young-Brickell

Total--58

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Beck                   Bowers
Cato                   Davenport              Delleney
Easterday              Fleming                Hamilton
Harris                 Haskins                Hawkins
Kirsh                  Koon                   Leach
Littlejohn             Loftis                 Mason
McGee                  McKay                  Meacham
Neal                   Rice                   Robinson
Sandifer               Sharpe                 Simrill
Taylor                 Tripp                  Trotter
Vaughn                 Witherspoon            Woodrum

Total--36

So, the amendment was tabled.

Rep. ALTMAN proposed the following Amendment No. 55 (Doc Name Council\GJK\AMEND\20536AC99), which was tabled.
Amend the resolution, as and if amended, by striking SECTION 1 on page 1 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. Only the State may conduct lotteries, and these lotteries must be conducted in the manner that the General Assembly provides by law. The revenue derived from the lotteries must first be used to pay all operating expenses and prizes for the lotteries. The remaining lottery proceeds must be called the 'People's Lottery Fund' and must be distributed annually on a per capita per child basis to the parents or guardians of children from ages six to sixteen based upon enrollment in public or private schools, with the schools providing this information to retain ten percent of the funds to be distributed to the parents and guardians of the children in that school.

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 is not be deemed considered a lottery prohibited by this section." /
Amend further, by striking SECTION 2 on page 2 and inserting:
/ 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:

"Shall 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 to provide that lotteries may be conducted only by the State in the manner that the General Assembly provides by law with the lottery revenues first being used to pay operating expenses and prizes, with the remaining lottery proceeds being called the 'People's Lottery Fund' and distributed annually on a per capita per child basis to the parents or guardians of children from ages six to sixteen based upon enrollment in public or private schools, with the schools providing this information to retain ten percent of the funds to be distributed to the parents and guardians of the children in that school?

Yes         []
No         []

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 totals and title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 56 (Doc Name Council\GJK\AMEND\20534AC99), which was tabled.
Amend the resolution, as and if amended, by striking SECTION 1 on page 1 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. Only the State may conduct lotteries, and these lotteries must be conducted in the manner that the General Assembly provides by law. The revenue derived from the lotteries must first be used to pay all operating expenses and prizes for the lotteries. The remaining lottery proceeds must be called the 'People's Lottery Fund' and must be used, as the General Assembly shall provide by law, to pay for the elimination of all personal income tax for persons sixty-three years of age or older. Any further remaining lottery proceeds must be credited to the Department of Social Services for the care and treatment of abused and neglected children.

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 is not be deemed considered a lottery prohibited by this section." /
Amend further, by striking SECTION 2 on page 2 and inserting:
/ 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:

"Shall 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 to provide that lotteries may be conducted only by the State in the manner that the General Assembly provides by law with the lottery revenues first being used to pay operating expenses and prizes, with the remaining lottery proceeds being called the 'People's Lottery Fund' and used, as the General Assembly shall provide by law, to pay for the elimination of all personal income tax for persons sixty-three years of age or older, and any further remaining lottery proceeds being credited to the Department of Social Services for the care and treatment of abused and neglected children?

Yes         []
No         []

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 totals and title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 57 (Doc Name Council\GJK\AMEND\20535AC99), which was tabled.
Amend the resolution, as and if amended, by striking SECTION 1 on page 1 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. Only the State may conduct lotteries, and these lotteries must be conducted in the manner that the General Assembly provides by law. The revenue derived from the lotteries must first be used to pay all operating expenses and prizes for the lotteries. The remaining lottery proceeds must be called the 'People's Lottery Fund' and must be returned on a per capita basis to governing bodies for each county for commercial or community development purposes.

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 is not be deemed considered a lottery prohibited by this section." /
Amend further, by striking SECTION 2 on page 2 and inserting:
/ 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:

"Shall 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 to provide that lotteries may be conducted only by the State in the manner that the General Assembly provides by law with the lottery revenues first being used to pay operating expenses and prizes, with the remaining lottery proceeds being called the 'People's Lottery Fund' and returned on a per capita basis to governing bodies for each county for commercial or community development purposes?

Yes     []
No     []

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 totals and title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 58 (Doc Name Council\KGH\AMEND\15525SD99), which was tabled.
Amend the resolution, as and if amended, in SECTION 1, by striking beginning on line 32 of page 1 / credited to a separate fund in the State Treasury styled the 'Education Lottery Account', and the earnings on this account must be credited to it. Education Lottery Account proceeds may be used only for education purposes as the General Assembly provides by law. / and inserting / used as the General Assembly shall provide by law to provide free vehicular registration for all private passenger motor vehicles registered in this State with one-third of the balance used for the care of abused and neglected children, one-third used for assistance to crime victims, and one-third used to aid victims of domestic abuse. /
Amend further in SECTION 2, page 2, by striking beginning on line 12 / credited to a separate 'Education Lottery Account' in the state treasury, the earnings on which are credited to this account, with all account proceeds used only for education as the General Assembly provides by law? / and inserting / used as the General Assembly shall provide by law to provide free vehicular registration for all private passenger motor vehicles registered in this State with one-third of the balance used for the care of abused and neglected children, one-third used for assistance to crime victims, and one-third used to aid victims of domestic abuse. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. DAVENPORT proposed the following Amendment No. 59 (Doc Name Council\KGH\AMEND\15524HTC99), which was tabled.
Amend the resolution, as and if amended, in Section 7, as contained in SECTION 1, page 1, by striking lines 34, 35, and 36 and inserting:
/ on this account must be credited to it. One half of the Education Lottery Account proceeds may be used only for education purposes as the General Assembly provides by law. The remaining proceeds must be distributed to the school districts of the State on a per pupil basis with one-half of this distribution used by the district for school purposes and one-half used to roll back property taxes imposed for schools. /
Amend further, in SECTION 2, page 2, by striking lines 14 and 15 and inserting:
/ with one-half of all account proceeds used for education as the General Assembly provides by law and the remainder distributed to school districts on a per pupil basis with one-half of this distribution used by districts for school purposes and one-half used to roll back property taxes for schools? /
Renumber sections to conform.
Amend totals and title to conform.

Rep. DAVENPORT explained the amendment.
Rep. SCOTT moved to table the amendment.

Rep. DAVENPORT demanded the yeas and nays, which were taken, resulting as follows:

Yeas 58; Nays 36

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Breeland
Brown G.               Brown H.               Brown J.
Brown T.               Carnell                Chellis
Cobb-Hunter            Dantzler               Emory
Gamble                 Govan                  Harrell
Harrison               Hayes                  Hines J.
Howard                 Inabinett              Keegan
Kelley                 Kennedy                Klauber
Law                    Lloyd                  Lourie
Lucas                  Mack                   Maddox
McCraw                 McLeod W.              Miller
Moody-Lawrence         Neal                   Neilson
Ott                    Parks                  Phillips
Quinn                  Rhoad                  Riser
Rutherford             Scott                  Seithel
Sheheen                Smith D.               Smith J.
Smith R.               Taylor                 Whatley
Whipper                Wilder                 Wilkes
Young-Brickell

Total--58

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Beck                   Bowers
Clyburn                Cooper                 Davenport
Delleney               Easterday              Edge
Fleming                Hamilton               Harris
Haskins                Hawkins                Koon
Leach                  Littlejohn             Loftis
McGee                  Meacham                Rice
Robinson               Rodgers                Sandifer
Sharpe                 Simrill                Tripp
Trotter                Vaughn                 Walker
Wilkins                Witherspoon            Woodrum

Total--36

So, the amendment was tabled.

Rep. FLEMING proposed the following Amendment No. 60 (Doc Name COUNCIL\PT\AMEND\1436DW99), 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. Only the State may conduct lotteries, and these lotteries must be conducted in the manner that the General Assembly provides by law. The revenue derived from the lotteries must first be used to pay all operating expenses and prizes for the lotteries. The remaining lottery revenues must be credited to a separate fund in the State Treasury styled the 'Education Lottery Account', and the earnings on this account must be credited to it. Education Lottery Account proceeds may be used only for the construction and replacement of school buildings constructed before 1940. After these buildings are constructed the proceeds from the lottery account must be used for education purposes as the General Assembly provides by law.

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 is not be deemed considered a lottery prohibited by this section."
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 to provide that lotteries may be conducted only by the State in the manner that the General Assembly provides by law with the lottery revenues first being used to pay operating expenses and prizes and the remaining revenues credited to a separate 'Education Lottery Account' in the state treasury, the earnings on which are credited to this account, with all account proceeds used for the construction and replacement of public school buildings constructed before 1940 and after these buildings have been constructed the proceeds from the lottery acount must be used only for education as the General Assembly provides by law?

Yes     []
No     []

Those voting in favor of the question shall deposit a ballot with a check or cross mark to conform.

Rep. FLEMING explained the amendment.
Rep. SCOTT moved to table the amendment.

Rep. FLEMING demanded the yeas and nays, which were taken, resulting as follows:

Yeas 59; Nays 28

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Barfield               Battle
Breeland               Brown H.               Brown J.
Carnell                Chellis                Clyburn
Cobb-Hunter            Cooper                 Cotty
Dantzler               Edge                   Emory
Gamble                 Harrell                Harrison
Hayes                  Hines J.               Howard
Inabinett              Keegan                 Kelley
Knotts                 Lee                    Lloyd
Lourie                 Lucas                  Mack
Maddox                 McCraw                 McLeod W.
Miller                 Neilson                Parks
Phillips               Rhoad                  Riser
Rutherford             Sandifer               Scott
Seithel                Sheheen                Smith D.
Smith J.               Smith R.               Taylor
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Witherspoon
Woodrum                Young-Brickell

Total--59

Those who voted in the negative are:

Allison                Altman                 Barrett
Beck                   Bowers                 Davenport
Delleney               Easterday              Fleming
Hamilton               Haskins                Hawkins
Kirsh                  Klauber                Koon
Littlejohn             Loftis                 Martin
McGee                  McKay                  Meacham
Rice                   Robinson               Simrill
Stille                 Trotter                Vaughn
Walker

Total--28

So, the amendment was tabled.

Rep. FLEMING proposed the following Amendment No. 61 (Doc Name COUNCIL\DKA\AMEND\3395DW99), 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. Only the State may conduct lotteries, and these lotteries must be conducted in the manner that the General Assembly provides by law. The revenue derived from the lotteries must first be used to pay all operating expenses and prizes for the lotteries. The remaining lottery revenues must be credited to a separate fund in the State Treasury styled the 'Education Lottery Account', and the earnings on this account must be credited to it. Education Lottery Account proceeds may be used only for education purposes as the General Assembly provides by law.

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 is not be deemed considered a lottery prohibited by this section. Video games with a free play feature are deemed a lottery prohibited by this Constitution."
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 to provide that lotteries may be conducted only by the State in the manner that the General Assembly provides by law with the lottery revenues first being used to pay operating expenses and prizes and the remaining revenues credited to a separate 'Education Lottery Account' in the state treasury, the earnings on which are credited to this account, with all account proceeds used only for education as the General Assembly provides by law and to deem video games with a free play feature a lottery prohibited under the provisions of this Constitution?

Yes         []
No         []

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 totals and title to conform.

Rep. FLEMING explained the amendment.

POINT OF ORDER

Rep. SCOTT raised a Point of Order that Amendment No. 61 was out of order in that it was not germane to the Joint Resolution.

SPEAKER WILKINS overruled the Point of Order.

Rep. FLEMING continued speaking.
Rep. SCOTT moved to table the amendment.

Rep. FLEMING demanded the yeas and nays, which were taken, resulting as follows:

Yeas 59; Nays 40

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Breeland
Brown G.               Brown H.               Brown J.
Brown T.               Carnell                Chellis
Clyburn                Cobb-Hunter            Cotty
Dantzler               Edge                   Gamble
Govan                  Harrison               Hayes
Hines J.               Hinson                 Howard
Inabinett              Keegan                 Kelley
Kennedy                Knotts                 Law
Limehouse              Lloyd                  Lourie
Mack                   Maddox                 McCraw
McLeod W.              Moody-Lawrence         Neal
Neilson                Ott                    Parks
Phillips               Quinn                  Riser
Rutherford             Scott                  Seithel
Sheheen                Smith D.               Smith J.
Stuart                 Taylor                 Whatley
Whipper                Wilder                 Wilkes
Wilkins                Young-Brickell

Total--59

Those who voted in the negative are:

Allison                Altman                 Barrett
Beck                   Bowers                 Canty
Cato                   Cooper                 Davenport
Delleney               Easterday              Emory
Fleming                Hamilton               Harrell
Harris                 Haskins                Hawkins
Kirsh                  Klauber                Koon
Leach                  Littlejohn             Loftis
Lucas                  McGee                  Meacham
Rice                   Robinson               Rodgers
Sandifer               Simrill                Smith R.
Stille                 Tripp                  Trotter
Vaughn                 Webb                   Witherspoon
Woodrum

Total--40

So, the amendment was tabled.

Rep. ALTMAN proposed the following Amendment No. 62 (Doc Name COUNCIL\KGH\AMEND\15526SD99), which was tabled.
Amend the resolution, as and if amended, in SECTION 1, by striking beginning on line 32 of page 1 / credited to a separate fund in the State Treasury styled the 'Education Lottery Account', and the earnings on this account must be credited to it. Education Lottery Account proceeds may be used only for education purposes as the General Assembly provides by law. / and inserting / returned as the General Assembly shall provide by law to the several counties of this State on a per capita basis for community development in the manner directed by a majority of that local legislative delegation. /
Amend further in SECTION 2, page 2, by striking beginning on line 12 / credited to a separate 'Education Lottery Account' in the state treasury, the earnings on which are credited to this account, with all account proceeds used only for education as the General Assembly provides by law? / and inserting / returned as the General Assembly shall provide by law to the several counties of this State on a per capita basis for community development in the manner directed by a majority of that local legislative delegation. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 63 (Doc Name COUNCIL\KGH\AMEND\15527SD99), which was tabled.
Amend the resolution, as and if amended, in SECTION 1, by striking beginning on line 32 of page 1 / credited to a separate fund in the State Treasury styled the 'Education Lottery Account', and the earnings on this account must be credited to it. Education Lottery Account proceeds may be used only for education purposes as the General Assembly provides by law. / and inserting / distributed as the General Assembly shall provide by law with thirty-five percent going to the Department of Mental Health, thirty-five percent to the Department of Juvenile Justice, fifteen percent to the Commission for the Blind, and fifteen percent for the support of the handicapped citizens of South Carolina. /
Amend further in SECTION 2, page 2, by striking beginning on line 12 / credited to a separate 'Education Lottery Account' in the state treasury, the earnings on which are credited to this account, with all account proceeds used only for education as the General Assembly provides by law? / and inserting / distributed as the General Assembly shall provide by law with thirty-five percent going to the Department of Mental Health, thirty-five percent to the Department of Juvenile Justice, fifteen percent to the Commission for the Blind, and fifteen percent for the support of the handicapped citizens of South Carolina. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.
Rep. ALTMAN proposed the following Amendment No. 64 (Doc Name COUNCIL\BBM\AMEND\9212SOM99), which was tabled.
Amend the resolution, as and if amended, in SECTION 1, by adding the following sentence after the /./ on line 29:
/ Each lottery ticket must contain the following statement in printed words, using bold print, and print that is larger than any other words or letters on the ticket: WARNING! GAMBLING CAN BE AN ADDICTIVE AND DESTRUCTIVE HABIT AND DISEASE. THIS SOUTH CAROLINA LOTTERY TICKET IS A GAMBLING DEVICE. FOR FURTHER DETAILS CONTACT YOUR LOCAL STATE SENATOR OR HOUSE MEMBER. /
Amend further, in SECTION 2, line 10, after /law/ by adding /, and with specific language concerning the addictive nature of gambling printed on the lottery ticket, and/
Amend title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 65 (Doc Name COUNCIL\BBM\AMEND\9211SOM99), which was tabled.
Amend the resolution, as and if amended, in SECTION 1, by striking the word /education/ on lines 33, 34, 35, and inserting the words / Quality of Life / on these lines.
amend the joint resolution further in SECTION 1, by adding the following sentence on line 36 after the /./
/ All net proceeds shall be distributed in the following manner: two-thirds for development of rural water and sewer infrastructure and service, and one-third to provide and maintain adequate seasonal heating and cooling for the residences of low income senior citizens. /
Amend SECTION 2, lines 12 and 14, by striking the word /education/ and inserting the words / Quality of Life / on these lines.
Amend title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 66 (Doc Name COUNCIL\BBM\AMEND\9210SOM99), which was tabled.
Amend the resolution, as and if amended, in SECTION 1, by striking the word /education/ on lines 33, 34, 35, and inserting the words / Public Health / on these lines.
Amend the resolution further in SECTION 1, by adding the following sentence on line 36 after the /./
/ All net proceeds shall be invested as the legislature directs for the prevention, cure, and treatment of strokes, cancer, and heart attacks. /
Amend SECTION 2, lines 12 and 14, by striking the word /education/ and inserting the words / Public Health / on these lines.
Amend title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.

Reps. BECK and DELLENEY proposed the following Amendment No. 67 (Doc Name Council\DKA\AMEND\3396DW99), which was tabled.
Amend the resolution, as and if amended, by 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 for state conducted lotteries as specifically authorized by this section, no other lotteries, defined as any form 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 for state conducted lotteries as specifically allowed by this section, no other lotteries, defined as any form of gambling or betting on games of chance are allowed?

Yes     []
No     []

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 totals and title to conform.
Rep. BECK explained the amendment.
Rep. SCOTT moved to table the amendment.

Rep. BECK demanded the yeas and nays, which were taken, resulting as follows:

Yeas 54; Nays 32

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Battle                 Breeland               Brown G.
Brown H.               Brown J.               Carnell
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Edge                   Gamble                 Govan
Harrell                Harrison               Hayes
Hines J.               Keegan                 Kelley
Kennedy                Klauber                Law
Limehouse              Lourie                 Lucas
Mack                   Maddox                 McCraw
McLeod M.              McLeod W.              Miller
Moody-Lawrence         Neal                   Ott
Parks                  Phillips               Rhoad
Rutherford             Scott                  Sheheen
Smith D.               Stuart                 Taylor
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Young-Brickell

Total--54

Those who voted in the negative are:

Altman                 Barfield               Barrett
Beck                   Campsen                Canty
Davenport              Easterday              Fleming
Hamilton               Harris                 Haskins
Hawkins                Kirsh                  Koon
Leach                  Littlejohn             Loftis
McGee                  McKay                  Meacham
Rice                   Robinson               Sandifer
Simrill                Smith R.               Tripp
Trotter                Vaughn                 Wilkins
Witherspoon            Woodrum

Total--32

So, the amendment was tabled.

Rep. BECK proposed the following Amendment No. 68 (Doc Name Council\DKA\AMEND\3397DW99), which was tabled.
Amend the resolution, as and if amended, Section 7, Article XVII, as contained in SECTION 1, page 1, by inserting after the /./ on line 29:
/ For purposes of this section, a lottery means all forms of legalized gambling and games of chance. /
Amend further by adding an appropriately numbered SECTION to read:
/ 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 further amended to provide that for purposes of this section a lottery means all forms of legalized gambling and games of chance?

Yes     []
No     []

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. BECK moved to table the amendment, which was agreed to.

Rep. BECK proposed the following Amendment No. 69 (Doc Name PT\AMEND\1438DW99), which was tabled.
Amend the resolution, as and if amended, Section 7, Article XVII, as contained in SECTION 1, page 1, by inserting after the /./ on line 29:
/ For purposes of this section, a lottery means all forms of gambling and games of chance. /
Amend further by adding an appropriately numbered SECTION to read:
/ 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 further amended to provide that for purposes of this section a lottery means all forms of gambling and games of chance?

Yes     []
No     []

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. BECK explained the amendment.
Rep. SCOTT moved to table the amendment.

Rep. BECK demanded the yeas and nays, which were taken, resulting as follows:

Yeas 56; Nays 34

Those who voted in the affirmative are:

Allen                  Bailey                 Battle
Bowers                 Breeland               Brown G.
Brown H.               Brown J.               Brown T.
Carnell                Chellis                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Edge                   Gamble                 Govan
Hayes                  Hines J.               Hinson
Howard                 Inabinett              Keegan
Kelley                 Kennedy                Klauber
Knotts                 Lee                    Limehouse
Lloyd                  Lourie                 Lucas
Mack                   McCraw                 McLeod M.
McLeod W.              Neilson                Ott
Parks                  Phillips               Quinn
Rhoad                  Riser                  Rutherford
Scott                  Sheheen                Smith D.
Smith J.               Taylor                 Webb
Whatley                Whipper                Wilder
Wilkes                 Young-Brickell

Total--56

Those who voted in the negative are:

Altman                 Barrett                Beck
Campsen                Cato                   Davenport
Delleney               Easterday              Emory
Fleming                Hamilton               Harrell
Harris                 Haskins                Hawkins
Hines M.               Kirsh                  Leach
Littlejohn             Loftis                 Mason
McGee                  McKay                  Meacham
Rice                   Robinson               Sharpe
Simrill                Smith R.               Stille
Tripp                  Wilkins                Witherspoon
Woodrum

Total--34

So, the amendment was tabled.

Rep. CAMPSEN proposed the following Amendment No. 70 (Doc Name Council\BBM\AMEND\9214JM99), which was tabled.
Amend the resolution, as and if amended, by striking SECTION 1 on page 1 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. Only the State may conduct lotteries, and these lotteries must be conducted in the manner that the General Assembly provides by law, except as provided below. The revenue derived from the lotteries must first be used to pay all operating expenses and prizes for the lotteries. The remaining lottery revenues must be credited to a separate fund in the State Treasury styled the 'Education Lottery Account', and the earnings on this account must be credited to it. Education Lottery Account proceeds may be used only for education purposes as the General Assembly provides by law. However, the State and its agencies shall never engage in promoting the lottery in any manner whatsoever but instead, shall make available to potential players only that information which states the existence of the lottery, where lottery tickets can be purchased, and what the odds are against winning a lottery prize.

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 is not be deemed considered a lottery prohibited by this section." /
Amend further, by striking SECTION 2 on page 2 and inserting:
/ 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 to provide that lotteries may be conducted only by the State in the manner that the General Assembly provides by law, except as provided below, with the lottery revenues first being used to pay operating expenses and prizes and the remaining revenues credited to a separate 'Education Lottery Account' in the state treasury, the earnings on which are credited to this account, with all account proceeds used only for education as the General Assembly provides by law; provided, however, that the State and its agencies shall never engage in promoting the lottery in any manner whatsoever but instead, shall make available to potential players only that information which states the existence of the lottery, where lottery tickets can be purchased, and what the odds are against winning a lottery prize?

Yes     []
No         []

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'." /
Amend title to conform.

Rep. CAMPSEN explained the amendment.
Rep. SCOTT moved to table the amendment.

Rep. ALTMAN demanded the yeas and nays, which were taken, resulting as follows:

Yeas 58; Nays 41

Those who voted in the affirmative are:

Askins                 Bailey                 Bales
Battle                 Breeland               Brown G.
Brown H.               Brown J.               Carnell
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Edge                   Gamble                 Govan
Harrison               Hayes                  Hines J.
Hinson                 Inabinett              Keegan
Kelley                 Kennedy                Knotts
Lee                    Limehouse              Lloyd
Lourie                 Lucas                  Mack
Maddox                 McCraw                 McLeod M.
McLeod W.              Miller                 Moody-Lawrence
Neal                   Neilson                Ott
Parks                  Phillips               Quinn
Rhoad                  Rutherford             Scott
Sheheen                Smith D.               Smith J.
Stuart                 Townsend               Whatley
Whipper                Wilder                 Wilkes
Young-Brickell

Total--58

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Beck                   Bowers
Campsen                Cato                   Davenport
Delleney               Easterday              Emory
Fleming                Gourdine               Hamilton
Harrell                Harris                 Haskins
Hawkins                Hines M.               Kirsh
Klauber                Koon                   Leach
Littlejohn             Loftis                 Mason
McGee                  McKay                  Meacham
Rice                   Riser                  Robinson
Simrill                Smith R.               Taylor
Tripp                  Vaughn                 Wilkins
Witherspoon            Woodrum

Total--41

So, the amendment was tabled.

Rep. CAMPSEN proposed the following Amendment No. 71 (Doc Name COUNCIL\BBM\AMEND\9215SOM99), 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:
/ Fifty percent of the net proceeds of the lottery must be refunded to the State's citizens, on a per capita basis, to offset the sales taxes paid by them and collected by the Department of Revenue. /
Amend further on page 1, line 32, by striking /revenues/ and inserting / proceeds /
Amend further, page 2, by striking SECTION 2, and inserting:
/ 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 to provide that lotteries may be conducted only by the State in the manner that the General Assembly provides by law with the lottery revenues first being used to pay operating expenses and prizes, and fifty percent of the net proceeds of the lottery to be refunded to the State's citizens, on a per capita basis, to offset the sales taxes paid by them and collected by the Department of Revenue, and the remaining proceeds to be credited to a separate 'Education Lottery Account' in the state treasury, the earnings on which are credited to this account, with all account proceeds used only for education as the General Assembly provides by law?

Yes         []
No         []

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'." /
Amend title to conform.

Rep. CAMPSEN moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 8 (Doc Name COUNCIL\DKA\AMEND\3280MM99), 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:
/ Forty 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 the state's citizens, sixty-five years of age or older, in the payment of their expenses for medically prescribed drugs. /
Amend further, page 2, SECTION 2, by inserting before / the / on line 11:
/ forty 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 the state's citizens, sixty-five years of age or older, in the payment of their expenses for medically prescribed drugs and /
Amend title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 14 (Doc Name COUNCIL\DKA\AMEND\3287MM99), 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 direct or an indirect interest in a lottery ticket may not be purchased nor a payout from the lottery collected by a person who is in prison or jail at the time the ticket is purchased or the payout occurs./
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 not be purchased nor a payout from the lottery collected by a person who is in prison or jail at the time the ticket is purchased or the payout occurs /.
Amend title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 15 (Doc Name COUNCIL\DKA\AMEND\3288MM99), 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 direct or an indirect interest in a lottery ticket may not be purchased nor a payout from the lottery collected by a person who is on probation or parole at the time the ticket is purchased or the payout occurs./
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 not be purchased nor a payout from the lottery collected by a person who is on probation or parole at the time the ticket is purchased or the payout occurs /.
Amend title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 16 (Doc Name COUNCIL\DKA\AMEND\3289MM99), 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 ticket may not be owned directly or indirectly by more than one person./
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 ticket may not be owned directly or indirectly by more than one person /.
Amend title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 25 (Doc Name COUNCIL\DKA\AMEND\3293MM99), which was tabled.
Amend the resolution, as and if amended, Section 7 as contained in SECTION 1, page 1, line 29, by deleting /The/ and inserting:
/ No more than fifty percent of the gross /
Amend further, SECTION 2, page 2, line 10, by striking /the/ and inserting / no more than fifty percent of the gross /
Amend title to conform.

Rep. ALTMAN moved to table the amendment, which was agreed to.

Rep. SIMRILL spoke against the Joint Resolution.
Rep. ALTMAN spoke against the Joint Resolution.
Rep. DELLENEY spoke against the Joint Resolution.

LEAVE OF ABSENCE

The SPEAKER granted Rep. GILHAM a leave of absence for the remainder of the day.

Rep. FLEMING moved to recommit the Joint Resolution.
Rep. KELLEY moved to table the motion.

Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken, resulting as follows:

Yeas 76; Nays 36

Those who voted in the affirmative are:

Allen                  Allison                Askins
Bales                  Battle                 Bowers
Breeland               Brown G.               Brown H.
Brown J.               Brown T.               Carnell
Chellis                Clyburn                Cobb-Hunter
Cotty                  Dantzler               Edge
Emory                  Gamble                 Govan
Harrell                Harrison               Harvin
Hayes                  Hines J.               Hinson
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Knotts                 Lanford                Law
Lee                    Limehouse              Littlejohn
Lloyd                  Lourie                 Lucas
Mack                   Maddox                 Martin
McCraw                 McGee                  McLeod M.
McLeod W.              Miller                 Moody-Lawrence
Neilson                Ott                    Parks
Phillips               Pinckney               Quinn
Rhoad                  Riser                  Rodgers
Rutherford             Scott                  Sheheen
Smith D.               Smith J.               Smith R.
Stuart                 Taylor                 Townsend
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Woodrum
Young-Brickell

Total--76

Those who voted in the negative are:

Altman                 Barrett                Campsen
Canty                  Cato                   Cooper
Davenport              Delleney               Easterday
Fleming                Hamilton               Harris
Haskins                Hawkins                Hines M.
Kirsh                  Klauber                Koon
Leach                  Loftis                 Mason
McKay                  McMahand               Meacham
Neal                   Rice                   Robinson
Sharpe                 Simrill                Stille
Tripp                  Trotter                Vaughn
Walker                 Wilkins                Witherspoon

Total--36

So, the motion to recommit was tabled.

Rep. EASTERDAY spoke against the Joint Resolution.

RULE 3.9 INVOKED

Rep. QUINN moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.

RULE 3.9 NOT RESCINDED

Rep. COOPER moved to rescind Rule 3.9.

Rep. FLEMING demanded the yeas and nays, which were taken resulting as follows:

Yeas 44; Nays 68

Those who voted in the affirmative are:

Altman                 Barfield               Barrett
Brown T.               Campsen                Canty
Cato                   Cooper                 Davenport
Delleney               Easterday              Fleming
Hamilton               Harris                 Haskins
Hawkins                Kirsh                  Klauber
Koon                   Lanford                Leach
Limehouse              Loftis                 Lucas
Mason                  McKay                  Meacham
Neal                   Phillips               Rice
Robinson               Rodgers                Sandifer
Sharpe                 Simrill                Stille
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Wilkins                Witherspoon

Total--44

Those who voted in the negative are:

Allen                  Allison                Askins
Bailey                 Bales                  Battle
Bowers                 Breeland               Brown G.
Brown H.               Brown J.               Chellis
Clyburn                Cobb-Hunter            Cotty
Dantzler               Edge                   Emory
Gamble                 Gourdine               Govan
Harrell                Harrison               Harvin
Hayes                  Hines J.               Hines M.
Hinson                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Knotts                 Law                    Lee
Littlejohn             Lloyd                  Lourie
Mack                   Maddox                 Martin
McCraw                 McGee                  McLeod M.
McLeod W.              Miller                 Moody-Lawrence
Neilson                Ott                    Parks
Pinckney               Quinn                  Riser
Rutherford             Scott                  Sheheen
Smith D.               Smith J.               Smith R.
Stuart                 Taylor                 Whatley
Whipper                Wilder                 Wilkes
Woodrum                Young-Brickell

Total--68

So, the House refused to rescind Rule 3.9.

Rep. EASTERDAY continued speaking.

SPEAKER PRO TEMPORE IN CHAIR

Rep. EASTERDAY continued speaking.
Rep. CAMPSEN spoke against the Joint Resolution.

SPEAKER IN CHAIR

Rep. LEACH spoke against the Joint Resolution.
Rep. HASKINS spoke against the Joint Resolution.
Rep. HAMILTON spoke against the Joint Resolution.
Rep. CANTY spoke against the Joint Resolution.
Rep. TRIPP spoke against the Joint Resolution.
Rep. KIRSH spoke against the Joint Resolution.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 88; Nays 31

Those who voted in the affirmative are:

Allen                  Allison                Askins
Bailey                 Bales                  Barfield
Battle                 Beck                   Bowers
Breeland               Brown G.               Brown H.
Brown J.               Brown T.               Carnell
Chellis                Clyburn                Cobb-Hunter
Cotty                  Dantzler               Edge
Emory                  Gamble                 Gourdine
Govan                  Harrell                Harrison
Harvin                 Hawkins                Hayes
Hines J.               Hinson                 Howard
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Klauber
Knotts                 Lanford                Law
Lee                    Limehouse              Littlejohn
Lloyd                  Lourie                 Lucas
Mack                   Maddox                 Martin
McCraw                 McGee                  McLeod M.
McLeod W.              Miller                 Moody-Lawrence
Neal                   Neilson                Ott
Parks                  Phillips               Pinckney
Quinn                  Rhoad                  Riser
Rodgers                Rutherford             Sandifer
Scott                  Seithel                Sheheen
Smith D.               Smith F.               Smith J.
Smith R.               Stille                 Stuart
Taylor                 Townsend               Vaughn
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Woodrum
Young-Brickell

Total--88

Those who voted in the negative are:

Altman                 Barrett                Campsen
Canty                  Cato                   Cooper
Davenport              Delleney               Easterday
Fleming                Hamilton               Harris
Haskins                Hines M.               Kirsh
Koon                   Leach                  Loftis
Mason                  McKay                  McMahand
Meacham                Rice                   Robinson
Sharpe                 Simrill                Tripp
Trotter                Walker                 Wilkins
Witherspoon

Total--31

So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.

STATEMENT FOR THE JOURNAL

I voted against H. 3677 because a lottery is not a panacea for the shortcomings in our public education system. Rather, we ought to consider H. 3677 as a resolution promoting gambling. If we are going to have gambling, I believe we should be debating the enabling legislation in conjunction with the Joint Resolution proposing a constitutional amendment. In fact, the debate over these two days raised questions of which restrictions on gambling should be in the constitution and which restrictions should be in enabling legislation.

I did vote to report out H. 3677 from the Ways and Means Committee but did so with reservations about the enabling legislation. I do trust my colleagues on Ways and Means to report out enabling legislation; but, I believe H. 3677 begs the details.

We owe it to the public to define the manner in which the lottery will be run prior to the November 2000 elections. We need enabling legislation which outlaws certain advertising with messages such as a lottery equals wealth, why work when you can win millions, or this must be Disneyland because your dreams of money will come true! Enabling legislation must also limit marketing of the lottery so that we do not target poor neighborhoods or make people feel guilty for not gambling. Details such as limits on advertising, caps on administrative expenses, a floor on winnings, and the manner in which the remaining funds will be spent, etc. should be spelled out. And I believe it is appropriate to put some of these details in the Constitution. Lastly, we should define what constitutes a lottery so we can avoid further gambling problems in the future.

Rep. ALFRED B. ROBINSON, JR.

STATEMENT FOR THE JOURNAL

I voted in favor of H. 3677 although I am philosophically opposed to a state run lottery. I did so because the voters of my district have overwhelmingly indicated their desire to vote on this issue. I have voted in favor of H. 3677 solely for the purpose of allowing the people to vote on the matter.

Rep. BILL SANDIFER

Rep. KELLEY moved that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

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, 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, 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 DECLARE APRIL 16, 1999, AS DR. MARY MCLEOD BETHUNE CHILDREN AUTHORS' PROGRAM DAY.

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 THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO OUR CURRENT "MISS SOUTH CAROLINA", WENDY WILLIS OF FOUNTAIN INN, ON THE SPECIAL OCCASION OF "MISS SOUTH CAROLINA APPRECIATION DAY".

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, 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 RECOGNIZING AND SALUTING LINDA M. FRANKLIN, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA TRIAL LAWYERS ASSOCIATION, FOR HER DEDICATED HARD WORK WITH THAT ASSOCIATION AND FOR HER HUMANITARIAN SPIRIT, AND COMMENDING HER FOR HER EFFORTS AND ACCOMPLISHMENTS IN MAKING THE PALMETTO STATE SAFE FOR FAMILIES.

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.

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.

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 YEARS OF SUCCESS TO THE FESTIVAL ORGANIZERS AND GOOD CITIZENS OF CLARENDON COUNTY.

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.

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.

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.

H. 3859 (Word version) -- Rep. Emory: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE REVEREND GEORGE WILLIAMS, JR., AND THE CHURCH HE PASTORS, THE DELIVERANCE WORD OF FAITH CHURCH OF LANCASTER, SOUTH CAROLINA, ON THE OCCASION OF ITS INSTALLATION-APPRECIATION CELEBRATION WHICH WILL TAKE PLACE ON SUNDAY, APRIL 11, 1999.

H. 3872 (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 BOYS CROSS COUNTRY CHAMPIONSHIP.

ADJOURNMENT

At 4:55 P.M. the House in accordance with the motion of Rep. KIRSH adjourned in memory of Mr. Hugh John Graves of Clover, to meet at 10:00 A.M. tomorrow.

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