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:
We thank You, Heavenly Father, that while You are concerned about the millions of Your children throughout the world, that You are concerned about each individual here as though each one is Your only child. Make these who legislate be equally concerned about every one. You know the clamor of voices in their ears, the constant tugging at their sleeves. Amid all the din of such a variety of voices, give them the willingness to hear Your voice as spoken on Mount Sinai and heard in the sermon on the Mount-that all people will be served fairly. To You, Lord, we give praise and honor. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. KNOTTS moved that when the House adjourns, it adjourn in memory of Walter Martin Rodgers of West Columbia, which was agreed to.
The following was received and referred to the appropriate committee for consideration:
Document No. 2426
Agency: Department of Labor, Licensing and Regulation -
State Board of Pharmacy
Statutory Authority: 1976 Code Section 40-43-83
Facility Permit Classifications
Received by Speaker of the House of Representatives April 7, 1999
Referred to House Committee on Medical, Military, Public and Municipal Affairs
Legislative Review Expiration August 5, 1999 (Subject to Sine Die Revision)
Document No. 2408
Agency: Workers' Compensation Commission
Statutory Authority: 1976 Code Section 42-3-30
Workers' Compensation Claims
Received by Speaker of the House of Representatives February 12, 1999
Referred to House Committee on House Labor, Commerce and Industry
19990317 House Labor, Commerce and Industry Committee Requested Withdrawal
120 Day Period Tolled
19990401 Withdrawn
The following was introduced:
H. 3876 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. 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 RECOGNIZE BETHLEHEM BAPTIST CHURCH OF COLUMBIA ON THE DEDICATION OF THE WILEY KENNEDY FAMILY LIFE CENTER ON APRIL 11, 1999, AND FURTHER TO RECOGNIZE THE EXEMPLARY LIFE AND GOOD WORKS OF MR. WILEY KENNEDY AND THE OUTSTANDING COMMUNITY SERVICE OF BETHLEHEM BAPTIST CHURCH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3877 (Word version) -- Rep. R. Smith: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS AND COMMENDATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE NAVY JUNIOR ROTC DRILL TEAM OF SILVER BLUFF HIGH SCHOOL IN AIKEN COUNTY ON BEING NAMED THE "SOUTH CAROLINA NAVY JUNIOR ROTC STATE CHAMPION" AT THE STATEWIDE DRILL COMPETITION SPONSORED BY THE NROTC UNIT AT THE UNIVERSITY OF SOUTH CAROLINA, ON MARCH 27, 1999, AND TO WISH THE TEAM CONTINUED SUCCESS AT THE NATIONAL DRILL MEET TO BE HELD AT THE NAVY'S TRAINING CENTER IN GREAT LAKES, ILLINOIS, ON APRIL 9 AND 10, 1999.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. PINCKNEY, with unanimous consent, the following was taken up for immediate consideration:
H. 3878 (Word version) -- Reps. Pinckney and Lloyd: A CONCURRENT RESOLUTION RECOGNIZING THE MEMBERS OF THE MONTFORD POINT MARINE ASSOCIATION FOR THEIR DISTINGUISHED MILITARY SERVICE TO OUR NATION AND DECLARING THE WEEK OF APRIL 12-18, 1999, AS "MONTFORD POINT MARINE WEEK" IN SOUTH CAROLINA.
Whereas, Camp Montford Point was established in Jacksonville, North Carolina in August, 1942, to train African Americans as Basic United States Marines; and
Whereas, from 1942-1948, over twenty thousand African American men received their basic training at Montford Point; and
Whereas, many of the Montford Point Marines distinguished themselves during the World War II battles at Guadalcanal, Iwo Jima, and Okinawa; and
Whereas, Montford Point Marines have served honorably both during times of peace and during times of war; and
Whereas, Montford Point Marines, which include Sergeants Major Gilbert H. "Hashmark" Johnson and Edgar R. Huff, have had very successful careers as Marine leaders; and
Whereas, the Montford Point Marine Association was founded in August, 1965, by Master Gunnery Sergeant Brooks E. Gray, Jr., and other Montford Point Marines; and
Whereas, Montford Point was officially designated "Camp Gilbert H. Johnson" on April 19, 1974, in honor of Sergeant Major Gilbert H. Johnson, and was the first military installation in this nation named in honor of an African American; and
Whereas, Marine Corps Recruit Depot, Parris Island, South Carolina, has been designated as the location for the 1999 Executive Council of the Montford Point Marine Association which will meet there during the week of April 12-18, 1999. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, recognize the members of the Montford Point Marine Association for their distinguished military service to our nation and declares the week of April 12-18, 1999, as "Montford Point Marine Week" in South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3879 (Word version) -- Rep. Rhoad: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE ANDREW JACKSON HIGH SCHOOL "CONFEDERATES" FOOTBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS FOR AN EXCEPTIONAL SEASON AND ON CAPTURING THE 1998 CLASS A STATE FOOTBALL CHAMPIONSHIP FOR THE THIRD STRAIGHT YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. RHOAD, with unanimous consent, the following was taken up for immediate consideration:
H. 3880 (Word version) -- Rep. Rhoad: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE ANDREW JACKSON HIGH SCHOOL "CONFEDERATES" FOOTBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON TUESDAY, APRIL 13, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1998 CLASS A FOOTBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Andrew Jackson High School "Confederates" Football Team, coaches, and other school officials on Tuesday, April 13, 1999, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1998 Class A State Football Championship.
The Resolution was adopted.
The Senate sent to the House the following:
S. 687 (Word version) -- Senator Bryan: A CONCURRENT RESOLUTION TO HONOR THE LAURENS DISTRICT 55 HIGH SCHOOL LADY RAIDERS BASKETBALL TEAM FOR THEIR SECOND STATE BASKETBALL TITLE IN AS MANY YEARS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 699 (Word version) -- Senators Alexander, Drummond, Peeler, Elliott and Grooms: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE CLEMSON UNIVERSITY "LADY TIGERS" WOMEN'S BASKETBALL TEAM FOR THEIR MANY ACCOMPLISHMENTS DURING THE STELLAR 1998-99 SEASON, AND FOR MAKING CLEMSON UNIVERSITY WOMEN'S BASKETBALL HISTORY BY ENDING THE SEASON AS THE HIGHEST RANKED TEAM IN THE SCHOOL'S HISTORY WITH A #10 RANKING IN THE FINAL ASSOCIATED PRESS POLL, AND A # 13 RANKING IN THE FINAL USA TODAY POLL, TO RECOGNIZE HEAD COACH JIM DAVIS AND HIS STAFF FOR THE EXCEPTIONAL SEASON, AND TO SPECIFICALLY RECOGNIZE THE TEAM'S SENIOR CLASS AS THESE FOUR LADIES COMPRISE THE WINNINGEST CLASS IN CLEMSON UNIVERSITY WOMEN'S BASKETBALL HISTORY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3881 (Word version) -- Reps. Witherspoon, Edge and Keegan: A BILL TO AMEND SECTION 44-96-325, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL INDUSTRIAL SOLID WASTE LANDFILLS, SO AS TO INCREASE THE DISTANCE A COMMERCIAL INDUSTRIAL SOLID WASTE LANDFILL MUST BE LOCATED FROM A RESIDENCE, HOSPITAL, CHURCH, OR PUBLICLY-OWNED RECREATIONAL PARK FROM ONE THOUSAND FEET TO THREE THOUSAND FEET.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3882 (Word version) -- Reps. Jennings and F. Smith: A BILL TO AMEND SECTION 16-3-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO DELETE REFERENCES TO SECTION 20-7-490 WHICH DEFINES "CHILD ABUSE OR NEGLECT" AND TO DEFINE "CHILD ABUSE OR NEGLECT" AND "HARM TO A CHILD'S PHYSICAL HEALTH OR WELFARE".
Referred to Committee on Judiciary
H. 3883 (Word version) -- Reps. Limehouse, Altman, Battle, T. Brown, Emory, Fleming, Harrell, Hinson, Inabinett, Koon, Law, Lee, Mack, McGee, Miller, Riser, Rodgers and Stille: A BILL TO AMEND SECTION 50-13-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OR TRAFFIC IN CERTAIN GAME FISH, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO SELL, OFFER FOR SALE, BARTER, TRAFFIC IN, OR PURCHASE SWORDFISH, UNTIL THE NATIONAL MARINE FISHERIES SERVICE DECLARES THIS FISH STOCK FULLY RECOVERED AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3884 (Word version) -- Reps. Neal, Howard, Pinckney, J. Hines, Allison, Askins, Bailey, Bales, Battle, Bowers, Breeland, G. Brown, J. Brown, T. Brown, Canty, Carnell, Clyburn, Cobb-Hunter, Dantzler, Davenport, Delleney, Emory, Gilham, Gourdine, Govan, Harris, Harvin, Hayes, M. Hines, Inabinett, Jennings, Kennedy, Kirsh, Klauber, Knotts, Lee, Limehouse, Lloyd, Mack, Maddox, Martin, McCraw, M. McLeod, McMahand, Miller, Moody-Lawrence, Ott, Neilson, Parks, Phillips, Rhoad, Riser, Rodgers, Rutherford, Scott, Seithel, Sheheen, Simrill, F. Smith, J. Smith, Stille, Stuart, Taylor, Trotter, Webb, Whatley, Whipper and Wilder: A BILL TO AMEND CHAPTER 5, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMEDIES AND PENALTIES IN THE CONSUMER PROTECTION CODE, BY ADDING PART 4 INCLUDING SECTIONS 37-5-401 THROUGH 37-5-403 SO AS TO PROVIDE FOR AN AGGREGATE LIMIT OF THIRTY-SIX PERCENT ON ALL CHARGES IMPOSED IN CONNECTION WITH A CONSUMER CREDIT TRANSACTION, TO SPECIFY THE CONSUMER LENDERS AFFECTED, AND TO PROVIDE FOR CRIMINAL PENALTIES FOR VIOLATION OF THE LIMIT; BY ADDING SECTIONS 37-2-212, 37-2-715, 37-3-212, 37-3-515, AND 37-10-107 SO AS TO PROVIDE FOR THE LIMITATION SEPARATELY AND SPECIFICALLY FOR A CREDITOR IN A CONSUMER CREDIT SALE, A LESSOR IN A CONSUMER RENTAL-PURCHASE AGREEMENT, A LENDER OF NONSUPERVISED LOANS, A LENDER OF SUPERVISED LOANS, AND A LENDER ON THE SECURITY OF A CONSUMER MOTOR VEHICLE TITLE; BY AMENDING SECTION 37-2-106, RELATING TO CONSUMER LEASES, SECTION 34-29-140, AS AMENDED, RELATING TO A CONSUMER FINANCE COMPANY LICENSED AS A RESTRICTED LENDER, SECTION 34-39-180, RELATING TO A LICENSEE FOR DEFERRED PRESENTMENT SERVICES, SECTION 34-41-60, RELATING TO A LICENSEE FOR CHECK CASHING SERVICES, AND SECTION 40-39-100, AS AMENDED, RELATING TO PAWNBROKERS, ALL SO AS TO PROVIDE SEPARATELY AND SPECIFICALLY FOR THE LIMITATION ON THE CHARGES THEY IMPOSE IN CONNECTION WITH THEIR CONSUMER TRANSACTIONS.
Referred to Committee on Labor, Commerce and Industry
H. 3885 (Word version) -- Reps. J. Smith, T. Brown, Simrill, Moody-Lawrence, Seithel, Quinn, Allen, Bailey, Bales, Battle, Bowers, Breeland, G. Brown, Cobb-Hunter, Davenport, Delleney, Gourdine, Govan, Harris, Harrison, Hayes, J. Hines, Inabinett, Jennings, Kennedy, Klauber, Lee, Lloyd, Lourie, Mack, Maddox, McCraw, McGee, M. McLeod, W. McLeod, Miller, Neal, Neilson, Ott, Parks, Phillips, Rutherford, Scott, F. Smith, Townsend, Walker, Wilder and Wilkes: 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-EIGHT THE YEARS OF CREDITABLE SERVICE REQUIRED TO RETIRE AT ANY AGE WITHOUT PENALTY; TO AMEND SECTIONS 9-1-1515, 9-1-1660, AND 9-1-1770, AS AMENDED, AND 9-1-1850, AS AMENDED, RELATING TO EARLY RETIREMENT OPTIONS, ELECTION OF A BENEFIT ON THE INSERVICE DEATH OF A MEMBER, AND AMOUNTS DUE ESTATES OF DECEASED MEMBERS UNDER THE GROUP LIFE INSURANCE PLAN, SO AS TO PROVIDE THAT THE ELECTION OF A MEMBER WITH TWENTY-FIVE YEARS CREDITED SERVICE TO BUY SUFFICIENT CREDIT FOR SERVICE RETIREMENT APPLIES TO THE SOUTH CAROLINA RETIREMENT SYSTEM, UPDATE THE BENEFIT ELECTION OPTION ON THE INSERVICE DEATH OF A MEMBER TO REFLECT OTHER CHANGES SINCE ORIGINAL ENACTMENT, AND TO CONFORM THESE OPTIONS AND BENEFITS TO SERVICE RETIREMENT AFTER TWENTY-EIGHT YEARS CREDITABLE SERVICE AT ANY AGE WITHOUT PENALTY AS PROVIDED IN THIS ACT; TO AMEND SECTIONS 9-1-1810 AND 9-11-310, RELATING TO THE ANNUAL COST OF LIVING ADJUSTMENT AUTHORIZED FOR RETIREES AND BENEFICIARIES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM AND THE METHOD OF CALCULATING THE ADJUSTMENT, SO AS TO MAKE MANDATORY THE PAYMENT OF AMOUNTS UP TO ONE PERCENT CALCULATED UNDER THE ADJUSTMENT FORMULA, AND TO DELETE OBSOLETE PROVISIONS, AND TO CONFORM IN BOTH SECTIONS REFERENCES TO THE CONSUMER PRICE INDEX USED IN CALCULATING THE COST OF LIVING ADJUSTMENT; AND TO AMEND SECTION 9-1-1220, AS AMENDED, RELATING TO EMPLOYER CONTRIBUTIONS TO THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE THE EMPLOYER CONTRIBUTION RATE BY ONE AND ONE-HALF PERCENT.
Referred to Committee on Ways and Means
H. 3886 (Word version) -- Rep. D. Smith: A BILL TO AMEND CHAPTER 11 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANK DEPOSITS, BY ADDING SECTION 34-11-105 SO AS TO PROVIDE FOR A WORTHLESS CHECK UNIT OF THE CIRCUIT SOLICITOR'S OFFICE, DEFERRED PROSECUTION FOR ISSUING A FRAUDULENT CHECK, CONDITIONED UPON VOLUNTARY SURRENDER AND PAYMENT OF FEES AND RESTITUTION, AND DISTRIBUTION OF MONIES RECEIVED.
Referred to Committee on Judiciary
H. 3887 (Word version) -- Rep. Cato: A BILL TO AMEND CHAPTER 10, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF WAGES, SO AS TO REVISE THE DEFINITION OF "WAGES" TO CLARIFY WHEN AND WHERE PAYMENT IS TO BE MADE, TO CLARIFY THE PROCEDURE FOR PAYMENT OF WAGES DUE DISCHARGED EMPLOYEES, TO DELETE THE PROVISION REQUIRING THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO RESOLVE CHAPTER VIOLATIONS BY MEDIATION AND CONCILIATION AND THE PROVISION REQUIRING THE DIRECTOR TO PROMULGATE REGULATIONS FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED UNDER THE CHAPTER, TO EXPAND DOCUMENTS WHICH MAY BE INSPECTED AND COPIED RELEVANT TO INVESTIGATIONS CONDUCTED UNDER THIS CHAPTER, TO PROHIBIT AN EMPLOYER FROM DISMISSING OR DEMOTING AN EMPLOYEE FOR BRINGING A PROCEEDING UNDER THIS CHAPTER, AND TO PROVIDE PENALTIES.
Referred to Committee on Labor, Commerce and Industry
H. 3888 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 31-3-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMISSIONERS OF MUNICIPAL HOUSING AUTHORITIES, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE FOR THE APPOINTMENT OF NOT LESS THAN FIVE NOR MORE THAN SEVEN PERSONS AS COMMISSIONERS OF THE AUTHORITY, PROVIDE FOR AT LEAST ONE OF THE COMMISSIONERS TO BE A PERSON WHO IS DIRECTLY ASSISTED BY THE AUTHORITY, PROVIDE FOR EXCEPTIONS, PROVIDE FOR TERMS OF OFFICE OR CONDITIONS FOR SERVICE, AND PROVIDE FOR THE MATTERS WHICH DISQUALIFY THE COMMISSIONER DIRECTLY ASSISTED BY THE AUTHORITY FROM VOTING; TO AMEND SECTION 31-3-370, AS AMENDED, RELATING TO REMOVAL FROM OFFICE OF COMMISSIONERS OF MUNICIPAL HOUSING AUTHORITIES, SO AS TO ADD PROVISIONS REGARDING THE REMOVAL OF THE COMMISSIONER WHO IS DIRECTLY ASSISTED BY THE AUTHORITY; TO AMEND SECTION 31-3-960, RELATING TO THE APPOINTMENT OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT, IF THE AREA OF OPERATION OF SUCH AUTHORITY AT ANY TIME CONSISTS OF AN EVEN NUMBER OF COUNTIES, THE COMMISSIONERS OF THE AUTHORITY APPOINTED BY THE SENATORS OF SUCH COUNTIES SHALL APPOINT NOT LESS THAN ONE NOR MORE THAN THREE PERSONS AS COMMISSIONERS, INSTEAD OF APPOINTING "ONE ADDITIONAL COMMISSIONER" UNDER SUCH CIRCUMSTANCES, PROVIDE THAT AT LEAST ONE OF THESE COMMISSIONERS SO APPOINTED SHALL BE A PERSON WHO IS DIRECTLY ASSISTED BY THE AUTHORITY, PROVIDE FOR EXCEPTIONS, AND PROVIDE FOR RELATED MATTERS CONCERNING THE MEMBER DIRECTLY ASSISTED BY THE AUTHORITY; TO AMEND SECTION 31-3-980, RELATING TO TERMS OF OFFICE OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT THE TERM OF THE COMMISSIONER DIRECTLY ASSISTED BY THE AUTHORITY SHALL CONTINUE AS LONG AS HE REMAINS AN ASSISTED RESIDENT; AND TO AMEND SECTION 31-3-990, RELATING TO REMOVAL OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT THE COMMISSIONER WHO IS DIRECTLY ASSISTED BY THE AUTHORITY MUST REMAIN AS AN ASSISTED RESIDENT IN ORDER TO CONTINUE SERVICE ON THE BOARD OF COMMISSIONERS, AND PROVIDE THAT, IF THIS PERSON VACATES THE ASSISTED HOUSING UNIT OR IS EVICTED THEREFROM, HE SHALL BE AUTOMATICALLY REMOVED FROM THE BOARD WITH NO OPPORTUNITY TO BE HEARD OR TO CONTEST THE REMOVAL.
Referred to Committee on Labor, Commerce and Industry
H. 3889 (Word version) -- Rep. Edge: A BILL TO AMEND CHAPTER 32, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO VACATION TIMESHARING PLANS, BY ADDING ARTICLE 3, SO AS TO PROVIDE PROCEDURES FOR THE FORECLOSURE OF LIENS ON TIMESHARE ESTATES; AND TO DESIGNATE SECTIONS 27-32-10 THROUGH 27-32-250 AS ARTICLE 1, CHAPTER 32, TITLE 27, ENTITLED "VACATION TIME SHARING PLANS".
Referred to Committee on Judiciary
H. 3890 (Word version) -- Rep. D. Smith: A BILL TO AMEND SECTION 9-11-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPTION ALLOWED PROBATE JUDGES TO PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO EXTEND THIS OPTION TO ASSISTANT SOLICITORS, VICTIM/WITNESS ADVOCATES AND PRETRIAL INTERVENTION PERSONNEL IN SOLICITORS OFFICES, AND EMPLOYEES OF THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION.
Referred to Committee on Ways and Means
H. 3891 (Word version) -- Reps. McKay and McGee: A BILL TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATE COURTS, SO AS TO REVISE A JURY AREA IN FLORENCE COUNTY.
Referred to Committee on Judiciary
H. 3892 (Word version) -- Rep. D. Smith: A BILL TO AMEND SECTION 44-23-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF A PERSON'S CAPACITY TO STAND TRIAL, SO AS TO PROVIDE THAT THE PROSECUTING OFFICER MAY DESIGNATE A THIRD EXAMINER FOR CERTAIN EXAMINATIONS; AND TO AMEND SECTION 44-23-420, RELATING TO A REPORT OF EXAMINERS OF CAPACITY TO STAND TRIAL, SO AS TO ALLOW AN EXAMINATION ON THE ISSUES OF INSANITY OR CRIMINAL RESPONSIBILITY BY AN EXAMINER DESIGNATED BY THE PROSECUTION.
Referred to Committee on Judiciary
H. 3893 (Word version) -- Reps. Keegan, Allen, Altman, Askins, Bailey, H. Brown, Carnell, Cato, Chellis, Cooper, Edge, Harrison, Harvin, Jennings, Kelley, Klauber, Law, Limehouse, Riser, Wilkes, Witherspoon and Woodrum: A BILL TO MAKE FINDINGS OF LEGISLATIVE INTENT WITH RESPECT TO THE SPECIAL NEEDS OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS TO MAINTAIN MAXIMUM FLEXIBILITY IN MANAGEMENT AND OPERATIONS; TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA SHALL CONSTITUTE THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY FOR THE MANAGEMENT AND OPERATION OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS IN ORDER TO PROVIDE A HIGH LEVEL OF MANAGEMENT AND OPERATIONAL FLEXIBILITY TO THE AUTHORITY AND REMOVE THE HOSPITALS AND CLINICS FROM CENTRAL STATE PROGRAM REGULATION OF PROCUREMENT, REAL PROPERTY, AND HUMAN RESOURCES, TO SET FORTH THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES AS THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY; TO AMEND SECTION 8-11-260, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE PERSONNEL POLICIES AND REQUIREMENTS, SO AS TO EXEMPT EMPLOYEES OF THE HOSPITALS AND CLINICS FROM BUDGET AND CONTROL BOARD PERSONNEL ADMINISTRATION; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT MEDICAL UNIVERSITY HOSPITAL AND CLINIC EMPLOYEES FROM THE STATE EMPLOYEE GRIEVANCE ACT; AND TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE PROCUREMENT CODE, SO AS TO ADD AN EXEMPTION TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS.
Referred to Committee on Ways and Means
H. 3894 (Word version) -- Rep. D. Smith: A BILL TO AMEND SECTION 9-8-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE AND TRANSFER OF CREDITED SERVICE FOR PURPOSES OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO CONFORM THE VESTING REQUIREMENT FOR TRANSFERRING CREDITED SERVICE TO THE SOUTH CAROLINA RETIREMENT SYSTEM FOR A JUDGE OR SOLICITOR WHO ON TERMINATION DOES NOT QUALIFY FOR A BENEFIT UNDER THE JUDICIAL SYSTEM FROM TWELVE YEARS TO THE CURRENT REQUIREMENT FOR VESTING UNDER THE JUDICIAL RETIREMENT SYSTEM OF TEN YEARS FOR JUDGES AND EIGHT YEARS FOR SOLICITORS.
Referred to Committee on Ways and Means
H. 3895 (Word version) -- Reps. Moody-Lawrence, Cobb-Hunter, Scott, Breeland, G. Brown, T. Brown, Davenport, Harrison, J. Hines, Inabinett, Lee, Miller, Neal, Parks, Pinckney, Quinn, Vaughn and Whipper: A BILL TO AMEND TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABOR AND EMPLOYMENT BY ADDING CHAPTER 12 SO AS TO ENACT THE FAIR PAY ACT OF 1999, WHICH MAKES IT UNLAWFUL FOR AN EMPLOYER WHO EMPLOYS THREE OR MORE PERSONS TO DISCRIMINATE BETWEEN EMPLOYEES ON THE BASIS OF SEX, RACE, OR NATIONAL ORIGIN BY PAYING WAGES AT A DIFFERENT RATE FOR EQUIVALENT JOBS AND TO PROVIDE RELIEF.
Referred to Committee on Labor, Commerce and Industry
S. 375 (Word version) -- Senator Anderson: A BILL TO AMEND SECTION 44-53-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE PROCEDURES, THE DISPOSITION OF FORFEITED ITEMS, AND THE DISPOSITION OF PROCEEDS OF SALES OF REAL OR PERSONAL PROPERTY CONFISCATED PURSUANT TO THE SEIZURE OF CONTROLLED SUBSTANCES, SO AS TO MODIFY THE DISTRIBUTION OF PROCEEDS FROM THE SALE OF PROPERTY FORFEITED, TO PROVIDE FOR THE COMPENSATION OF PERSONS PROVIDING INFORMATION LEADING TO THE FORFEITURE OF PROPERTY, AND TO AUTHORIZE A JUDGE TO RESOLVE DISPUTES AS TO WHETHER A PERSON PROVIDED INFORMATION LEADING TO THE FORFEITURE OF PROPERTY.
Referred to Committee on Judiciary
The roll call of the House of Representatives was taken resulting as follows:
Allison Altman Bailey Bales Barfield Barrett Beck Bowers Breeland Brown G. Brown H. Brown J. Brown T. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hayes Hines J. Hinson Howard Inabinett Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mack Maddox Martin Mason McCraw McGee McKay McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neilson Ott Parks Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith D. Smith F. Smith J. Smith R. Stille Stuart Taylor Tripp Trotter Vaughn Walker Webb Whipper Wilder Wilkes Wilkins Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Thursday, April 8.
Harry Askins James Battle Ralph Canty Bill Cotty Anthony Harris Steve Lanford Walter Lloyd Joseph Neal Todd Rutherford Ronald Townsend Michael Whatley William Witherspoon
LEAVE OF ABSENCE
The SPEAKER granted Rep. JENNINGS a leave of absence for the day due to being out of town on family business.
The SPEAKER granted Rep. W. MCLEOD a temporary leave of absence to attend a trial before the DHEC Board regarding the Helena Landpile Solid Waste Permit.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3617 (Word version)
Date: ADD:
04/08/99 CAMPSEN
Bill Number: H. 3617 (Word version)
Date: ADD:
04/08/99 BECK
Bill Number: H. 3617 (Word version)
Date: ADD:
04/08/99 ALTMAN
Bill Number: H. 3617 (Word version)
Date: ADD:
04/08/99 SEITHEL
Bill Number: H. 3617 (Word version)
Date: ADD:
04/08/99 M. MCLEOD
Bill Number: H. 3133 (Word version)
Date: ADD:
04/08/99 DELLENEY
Bill Number: H. 3617 (Word version)
Date: ADD:
04/08/99 OTT
Bill Number: H. 3617 (Word version)
Date: ADD:
04/08/99 COBB-HUNTER
Bill Number: H. 3617 (Word version)
Date: ADD:
04/08/99 HARRELL
Bill Number: H. 3617 (Word version)
Date: ADD:
04/08/99 MILLER
Former Rep. BAUER was presented to the House for his service in the House of Representatives and congratulated him on winning a seat in the Senate.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:
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.
The following Bill was taken up:
H. 3500 (Word version) -- Reps. Hawkins, Klauber and Fleming: A BILL TO AMEND SECTION 7-13-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF A 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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name PT\AMEND\1299DW99), which was adopted.
Amend the bill, as and if amended, Section 7-13-75 as contained in SECTION 1, beginning on line 33, by striking after /authority./ /A member of a municipal or county election commission is not eligible for reappointment once removed by the Governor./ and inserting:
/ Any member removed by the Governor or appropriate appointive authority shall remain ineligible for reappointment for a period of eight years. /
When amended Section 7-13-75 shall read:
/"Section 7-13-75. No member of a county or municipal election commission, voter registration board, or combined election and voter registration commission may participate in political management or in a political campaign during the member's term of office. No member may make a contribution to a candidate or knowingly attend a fundraiser held for the benefit of a candidate over whose election the member has jurisdiction. Violation of this section subjects the member to removal by the Governor or appropriate appointive authority. Any member removed by the Governor or appropriate appointive authority shall remain ineligible for reappointment for a period of eight years."/
Amend title to conform.
Rep. FLEMING explained the amendment.
The amendment was then adopted.
Reps. COBB-HUNTER, SCOTT, PARKS, NEAL, HOWARD, BALES, HAYES, CARNELL, KLAUBER, FLEMING, HARRISON, R. SMITH, MILLER and KNOTTS requested debate on the Bill.
The following Bill was taken up:
H. 3547 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976 RELATING TO COLLECTION AND PROSECUTION PROCEDURES FOR CHECKS DRAWN WITH INSUFFICIENT FUNDS ON DEPOSIT, SO AS TO INCREASE THE SERVICE CHARGE FROM TWENTY-FIVE TO THIRTY DOLLARS.
Rep. EASTERDAY explained the Bill.
Reps. J. BROWN, BALES, COBB-HUNTER, PINCKNEY, SCOTT and LLOYD requested debate on the Bill.
The following Bill was taken up:
H. 3807 (Word version) -- Reps. Inabinett, Bailey, Beck, Breeland, J. Brown, Emory, J. Hines, M. Hines, Lee, Littlejohn, Lloyd, Mack, Neal, Phillips, Pinckney, Rhoad, Rutherford, Stuart and Whipper: A BILL TO AMEND SECTION 12-21-3920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE BINGO TAX ACT, SO AS TO PROVIDE DIFFERENT HOURS FOR A SESSION OF BINGO FOR A CLASS C LICENSEE ADVERTISING AND OPERATING THE GAME FOR SENIOR CITIZENS; AND TO AMEND SECTION 12-21-4020, AS AMENDED, RELATING TO THE CLASSES OF BINGO LICENSES, SO AS TO PROVIDE SPECIFIC HOURS FOR A SESSION OF BINGO FOR A CLASS C LICENSEE OPERATING THE GAME FOR SENIOR CITIZENS.
Rep. HASKINS proposed the following Amendment No. 1 (Doc Name H-PROTEM\AMEND\TEHBINGO), which was ruled out of order.
Amend the bill, as and if amended, by inserting at the end of section 12-21-3990 (A) the following:
(7) the use of electronic gaming equipment of any type is strictly prohibited.
Renumber sections to conform.
Amend totals and title to conform.
Rep. HASKINS explained the amendment.
Rep. SCOTT raised a Point of Order that Amendment No. 1 was out of order and not germane to the Bill in that the Bill dealt with the regulation of the operation of the game of bingo and the amendment dealt with electronic equipment.
Rep. HASKINS stated that the amendment attempts to further regulate the operation of the game of bingo.
SPEAKER WILKINS stated that the amendment related to a different code section, which deals with the type of equipment used in the operation of bingo games. He stated further that the Bill deals with the hours of operation for bingo games for senior citizens. He therefore sustained the Point of Order and ruled the amendment out of order.
Rep. SHEHEEN proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\9209SOM99), which was ruled out of order.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 24, Chapter 21, Title 12 of the 1976 Code is amended to read:
Section 12-21-3910. This article may be cited as the Bingo Tax Act of 1996.
Section 12-21-3920. As used in this article:
(1) 'Bingo' or 'game' means a specific game of chance, commonly known as bingo, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers and symbols selected at random.
(2) 'Department' means the South Carolina Department of Revenue and Taxation.
(3) 'Card' means a printed or nonprinted design on which there are arranged five horizontal rows and five vertical columns forming twenty-five squares. Numbers are printed in twenty-four of the squares, and the term 'free', 'free square', or 'free space' is printed in the square or space located in the center of the card. The five columns are denominated from left to right by the respective letters of the word 'B-I-N-G-O'. Each square in the 'B' column contains a number from one through fifteen inclusive; each square in the 'I' column contains a number from sixteen through thirty inclusive; except for the center space which is marked as free, each square in the 'N' column contains a number from thirty-one through forty-five inclusive; each square in the 'G' column contains a number from forty-six through sixty inclusive; and each square in the 'O' column contains a number from sixty-one through seventy-five inclusive. No number may appear twice on the same card.
(4) 'Promoter' means an individual, corporation, partnership, or organization who is hired by a nonprofit organization to manage, operate, or conduct the licensee's bingo game. The person hired under written contract is considered the promoter.
(5) 'Nonprofit Religious organization' means an entity which is organized and operated exclusively for charitable, religious, or fraternal purposes which is exempt from federal income taxes pursuant to Internal Revenue Code Section 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19).
(6)(5) 'Session' means a consecutive series of games which must occur only between one o'clock p.m. and one o'clock a.m. No more than one session may occur during the permitted twelve-hour period. However, when a religious organization offers sessions of bingo for senior citizens, the session must occur only between eleven o'clock a.m. and eleven o'clock p.m.. These limitations do not apply to games operated by state or county fairs.
(7) 'Fair' means a recognized annual state or county fair. The fair must be recognized by the governing body of the county in which it is held, or in the case of the State, by the South Carolina Agricultural and Mechanical Society.
(8)(6) 'Ball' means a ball, disk, square, or other object upon which is printed a letter and number which corresponds to the letter and number of a square on a bingo card.
(9)(7) 'Cage' means a device, whether operated manually or by air blower, in which bingo balls are placed before the bingo game begins.
(10) (8)'Caller' means the house representative who is responsible for drawing bingo balls and announcing the configuration and the result of each drawing to the players.
(11)(9) 'Drawing' means the indiscriminate selection of a single ball from the cage.
(12)(10) 'House' means the nonprofit religious organization and promoter licensed with the department.
(13)(11) 'Marker' means a device which indicates the number called.
(14)(12) 'Master-board' means the receptacle used by the house to display balls which are drawn during the bingo game.
(15)(13) 'Player' means one who participates in a game of bingo other than as an agent, promoter, or representative of the house.
(16)(14) 'Fund' means the Parks and Recreation Development Fund.
(17)(15) 'Building' means a structure surrounded by exterior walls or permanent firewalls.
(18)(16) 'Manufacturer' means a person who manufactures bingo cards for use in this State and who is approved by the department.
(19)(17) 'Distributor' means a person who brings or sells bingo cards in this State and who is approved by the department.
Section 12-21-3930. The game of bingo is not a lottery when:
(1) the nonprofit religious organization conducting the game has completed the application as described in Section 12-21-3940 and the application has been approved by the department; and
(2) the promoter under contract with the nonprofit organization is licensed properly with the department;
(3) the nonprofit organization presents to the department upon application a certified copy of the statement issued by the Internal Revenue Service exempting it from federal income taxation;
(4) the game is conducted in accordance with the provisions of Sections 12-21-3990 and 12-21-4000 and approved cards are used.
Section 12-21-3940. (A) Before conducting a game of bingo, a nonprofit religious organization shall file with the department a written application in a form prescribed by the department, executed and notarized which must include:
(1) the name, address, and telephone number of the applicant and sufficient facts relating to its incorporation and organization to enable the department to determine whether it is an authorized organization;
(2) a copy of the organization's corporate charter and a certified copy of the Internal Revenue Service's statement exempting the applicant from federal income taxes;
(3) the names, addresses, and telephone numbers of the organization's officers;
(4) the place and time the applicant intends to conduct bingo under the license for which it applied; and
(5) the specific purpose to which the bingo net proceeds are to be devoted;
(6) the designation of a 'promoter' as defined by this article;
(7) a copy of any contract or lease between a promoter and the nonprofit organization;
(8) the name, address, telephone number, birth date, and Social Security number of each person who will work at the proposed bingo games and receive compensation for the work, the nature of the work to be performed, and a statement as to whether or not the person has been convicted within the last twenty years of a state or federal felony, gambling offense, criminal fraud, or a crime that has a sentence of two or more years; and
(9) other information considered necessary by the department.
(B) Upon application for a license, The department has thirty days from the date of filing to approve or reject the license application based on the requirements of this article.
(C) The nonprofit religious organization does not need to apply for renewal of shall renew the license annually as long as there are no changes in the operation or location of the game. Changes in information supplied on the original application must be forwarded to the department, in writing, within thirty days of the change. In the case of a change in the place and time, notice must be given thirty days before the change.
Section 12-21-3950. (A) A promoter under contract with a licensed nonprofit organization to manage, operate, or conduct a game shall file a written application for a promoter's license in a form prescribed by the department, executed and notarized, which must include:
(1) the name, address, telephone number, and Social Security number of the promoter or of each officer if the promoter is a corporation;
(2) a copy of the promoter's contract or lease with the nonprofit organization. A contract must exist between the sponsoring organization and the promoter detailing all expenses;
(3) the name, address, telephone numbers, and Social Security number of any person working for the promoter at the bingo game and receiving compensation for the work;
(4) a notarized statement as to whether or not the applicant for a promoter's license or any of his employees have been convicted within the last twenty years of a state or federal felony, gambling offense, criminal fraud, or a crime that has a sentence of two or more years.
(B) Upon application for a license, the department has thirty days to approve or reject the application based on the requirements of this article.
(C) A promoter shall file a renewal application each year submitting any changes in information and documentation previously submitted as required by this section. The promoter is required to notify the department, in writing, of any changes in the information supplied on the application within thirty days of the change.
(D) The license authorized by this section is for the privilege of engaging in business as a bingo promoter and must be purchased from the department at a cost of one thousand dollars a year.
A promoter shall obtain a promoter's license for each organization for which he operates bingo games.
Section 12-21-3955. If a nonprofit organization intending to operate a Class AA or B license does not contract with an outside promoter, the organization shall designate a member as the promoter.
Section 12-21-3960. The promoter and the nonprofit organization are jointly and severally liable religious organization is liable for all taxes, penalties, interest, and fines imposed by this article and Chapter 54 of this title.
Section 12-21-3970. For each licensed nonprofit organization the promoter manages, operates, or conducts bingo, the promoter must purchase a promoter's license as provided in Section 12-21-3950 before operating or conducting bingo. No promoter is permitted more than five licenses. This license must be prominently displayed at the location where bingo is conducted. A religious organization which obtains a license to operate a game of bingo may not employ a promoter or agent to manage, operate, or conduct the game.
Section 12-21-3980. (A) The promoter's license authorized by this article must not be transferred to another person, organization, entity, or corporation. The promoter's license, upon written application to the department, may be transferred to a new location for the remainder of the license period if the licensed nonprofit organization has applied for a location transfer as provided in subsection (B) of this section. The written application must be on a form prescribed by the department and must state, under penalties of perjury, that the information on the transfer application and the original license application is true and correct, or, in the case of the original application, is still valid and unchanged. No additional license fee is required with respect to the transfer of the location and the promoter may not conduct bingo at the new location until the new license is issued.
(B) The nonprofit religious organization's license authorized by this article must not be transferred to another nonprofit religious organization and is valid and continues in force so long as the nonprofit religious organization to which it is issued continues to conduct the bingo games at the location authorized by the license.
The nonprofit religious organization's license, upon written application to the department, may not be transferred to a new location. The written application must be on a form prescribed by the department and must state, under penalties of perjury, that the information on the transfer application and the original license application is true and correct or, in the case of the original application, is still valid and unchanged. The nonprofit religious organization cannot operate at the new location until the a new license is issued.
(C)(B) No promoter or nonprofit A religious organization may not lease, sell, rent, lend to, or exchange with another person, organization, corporation, or other entity a promoter's or bingo license issued pursuant to this article.
Section 12-21-3990. (A) The game of bingo must be played in the following manner:
(1) Bingo is played by more than one player and a caller who is associated with the house. Each player must pay no more than face value for each card to be played during the course of a game and may purchase the card for a specified number of games. After the player has purchased a card or cards for a specified number of games, the house cannot require or accept an additional payment or consideration by the player in order to complete the specified number of games.
(2) Before each game begins, the caller shall announce to the players the configuration or configurations that will win the game. A configuration consists of a number of grids covered in the manner announced by the caller. Any method of playing the games is allowed if the method is announced before each game beginning including, but not limited to, wild card games.
(3) The prize must be awarded to the winner of that game without delay. For multiple winners, the prize must be divided equally among the winners. In the case of a merchandise prize, the cash value of the merchandise may be divided among the winners. Purchase receipts of merchandise awarded as prizes must be made available to players and the department for confirmation of value.
(4) The caller shall draw and announce numbers from the cage one at a time. If a player has a card with the called number on it, he may use a marker to cover the square which contains the number. After the number is announced, it must be indicated on the master-board by the caller.
(5) When a player covers sufficient squares on a card to achieve the winning configuration, he may indicate to the caller. The caller shall require that the player's card be checked against the master-board in the presence of the other players to determine if the squares were covered accurately. If it is determined by the caller that the player accurately has covered the squares and achieved the preannounced configuration, the player is declared the winner. If it is determined that the player has not covered the squares accurately and achieved the preannounced configuration, play continues in that game.
(6) All devices, including the master-board, used to show what numbers have been called during a game must not be changed or turned off until the winners are verified.
Section 12-21-4000. In addition to the manner of play prescribed in Section 12-21-3990, the following procedures apply to the conduct of the game:
(1) Before the beginning of the first game, all seventy-five balls must be displayed openly on the master-board for the inspection of the players.
(2) Only one set of seventy-five balls and only one master-board is allowed in the room or area during the play of the game.
(3) Only one bet or payment is to be paid for each card.
(4) No bets or payments may be made while a game is in progress, except the sale of cards for subsequent games.
(5) Reserved.
(6) The house is required to identify the games for which a card may be used before the card is purchased.
(7) Before the start of play, the caller shall announce to all players the winning configuration of covered squares for that particular game.
(8) The prize must be awarded to the first person who successfully achieves the winning configuration of covered squares.
(9) Balls must be selected randomly by an indiscriminate process.
(10) Only one number may be called at a time.
(11) All balls drawn remain on the master-board until the conclusion of the game.
(12)(a) At least fifty ninety percent of the gross proceeds of the sale of bingo cards taken in by the house during a single session must be returned to the players in the form of prizes. However, with respect to fair licenses, this requirement must be met during the course of the fair.
(b) A bingo operation may take in only two times more in gross proceeds than the prize for that session. Amounts in excess of this limit are subject to a tax, in addition to any other bingo license taxes and fees equal to the amount of the excess. These excess proceeds tax must be remitted to the department on the organization's quarterly bingo report and distributed as provided in Section 12-21-4190. Failure to remit this excess proceeds tax to the department shall result in immediate suspension of both the promoter's license and the organization's license. The department, after a conference with the promoter and organization, may permanently revoke the license of the promoter or the nonprofit organization, or both. If permanently revoked, the promoter, nonprofit organization, or any partner or member of the organization may no longer manage, conduct, or assist in any manner with a bingo operation in this State.
(13) The playing of bingo is restricted to the premises designated with the department by the sponsor religious organization.
(14) Bingo only may be played at the place designated by the bingo licensee on its original or amended application.
Section 12-21-4010. The provisions of Sections 12-21-3930 through 12-21-3950 do not apply to the holder of a fair bingo license. However, the department shall prescribe a separate application form for fairs to obtain a license.
Section 12-21-4020. The following are the classes of bingo licenses.
(1) CLASS AA: An organization operating a bingo game offering prizes with a minimum payout of fifty thousand dollars a session shall obtain a Class AA bingo license at a cost of four thousand dollars. The prizes offered at any one session may not exceed two hundred fifty thousand dollars. The holder of a Class AA license may not conduct more than one bingo session a month.
(2) CLASS B: An organization operating a bingo game offering prizes, which do not exceed eight thousand dollars a session, shall obtain a Class B bingo license at a cost of one thousand dollars. The holder of a Class B license may not conduct more than three bingo sessions a week.
(3) CLASS C: An organization operating a bingo game and offering prizes of twenty dollars or less a game during a single session shall obtain a Class C bingo license at no cost. However, the organization may offer a prize in cash or merchandise of no more than one hundred fifty dollars for six jackpot games a session.
(4) CLASS D: A person, organization, or corporation desiring to conduct a bingo game at a fair as defined in Section 12-21-3920 and who offers prizes for each game of no more than fifty dollars in merchandise shall obtain only a temporary Class D bingo license at a cost of one hundred dollars for not more than ten days or two hundred dollars for more than ten days. The department, in its discretion, may allow certain Class D licensees to use hard bingo cards in lieu of the paper cards required by this article.
(5) The only type of license available in this State is a Class E: license. An A religious organization which has a game of bingo and operates exclusively by bona fide members who are residents of this State and who do so on a strictly volunteer basis and whose gross bingo proceeds do not exceed forty thousand dollars a calendar quarter, and where prizes do not exceed four thousand dollars a session shall obtain a an annual Class E license from the department at a cost of five hundred dollars. If the gross bingo proceeds for any calendar quarter exceed thirty thousand dollars, the person or organization within ten days is required to obtain a Class B license from the department and comply with all requirements of a Class B license. The holder of a Class E license may not conduct more than one bingo session a week. A holder of a Class E license may impose a five-dollar entrance fee. The entrance fees collected are not required to be remitted as taxes and are not included in gross proceeds for purposes of the prize limitations provided in Section 12-21-4000(12).
(6) CLASS F: An organization which has a game of bingo and operates exclusively by bona fide members who are residents of this State and who do so on a strictly volunteer basis and whose gross proceeds do not exceed forty thousand dollars a calendar quarter, and where prizes do not exceed four thousand dollars a session and where bingo proceeds are only used to pay the organization's utility bills, to pay charges for bingo paper, and for the charitable purpose of the organization, shall obtain a Class F license from the department at the cost of one hundred dollars. The holder of a Class F license may not conduct more than one bingo session a week.
Section 12-21-4030. (A) A promoter or organization may not impose a charge, other than as provided in subsection (B), on a player of more than the face value of each card sold to play bingo.
(B)(1) A holder of a Class AA license shall impose an entrance fee of eighteen dollars;
(2) A holder of a Class B license shall impose an entrance fee of five dollars;
(3) A holder of a Class D or Class E license may impose a five-dollar entrance fee; and
(4) A holder of a Class F license may impose a three-dollar entrance fee.
(C) The entrance fees collected pursuant to subsection (B) are not required to be remitted as taxes and are not included in gross proceeds for purposes of the prize limitations provided in Section 12-21-4000(12)(a).
Section 12-21-4040. No nonprofit A religious organization may not hold more than one bingo license operate or cause the operation of bingo outside the county in which it maintains a church facility and each church facility may operate or cause the operation of only one game of bingo.
Section 12-21-4050. Only one nonprofit religious organization may operate or cause the operation of bingo in a building. This section applies to all buildings regardless of ownership, of primary use, or of original use.
Section 12-21-4060. A person who has been convicted within the last twenty years of violating a state or federal criminal statute relating to gaming or gambling, or who has been convicted of any other crime that has a sentence of two or more years, or where applicable, whose promoter's license has been revoked by the department is not permitted to manage or conduct a game or assist in any manner with the bingo operation.
Section 12-21-4070. No A license, as provided by this article, may not be issued to an organization, promoter, or individual a religious organization that has not been domiciled in this State for at least three years immediately preceding the license application. In the case of the organization, the The organization must also have been active in this State for at least three years.
Section 12-21-4080. (A) Upon completion of the session, the promoter shall deliver to the representative member of the organization the gross proceeds from the session less the amount paid out as prizes and collected as entrance fees.
(B) The representative member of the nonprofit religious organization shall deposit the funds into the bingo checking or savings account as described in Section 12-21-4090. For purposes of this section, a member of the licensed nonprofit religious organization is any individual who holds a full membership in the organization as defined by the organization's constitution, charter, articles of incorporation or by-laws and has been a member of the organization for at least one year. The term also includes those individuals who are members of an auxiliary or recognized junior affiliate of the parent organization.
Section 12-21-4090. (A) The provisions of this section apply to the licensed nonprofit religious organization which is responsible for the special checking and savings accounts established by this section. The provisions of this section do not apply to the holder of a Class D fair bingo license.
(B) The religious organization shall control all deposits, transfers, and disbursements from these accounts, including the payment of compensation to the promoter and employees of the promoter or organization working the bingo games.
(C) An A religious organization receiving an annual license to conduct bingo shall establish and maintain one regular checking account designated the 'bingo account' and also may maintain an interest-bearing savings account designated the 'bingo savings account'. All funds derived from the conduct of bingo, less the amount awarded as cash prizes, must be deposited in the bingo account. No other funds may be deposited in the bingo account. Deposits must be made no later than the next business day following the day of the bingo occasion on which the receipts were obtained. All accounts must be maintained in a financial institution in this State.
(D) Funds from the bingo account must be withdrawn by preprinted, consecutively-numbered checks or withdrawal slips, jointly signed by a properly authorized representative of the licensed nonprofit religious organization and promoter and made payable to a person or organization. Checks must be imprinted with the words 'Bingo Account' and must contain the organization's bingo license number on the face of the check. There also must be noted on the face of the check or withdrawal slip the nature of the payment made. No check or slip may be made payable to 'cash', 'bearer', or a fictitious payee. All checks, including voided checks and slips, must be kept and accounted for.
(E) Funds received by the nonprofit religious organization from the department as a result of the sale of bingo cards must be deposited into a separate account and maintained separately from bingo funds and the bingo account referenced in this section.
(F) Checks drawn on the bingo account must be for one or more of the following purposes:
(1) payment of necessary and reasonable bona fide expenses incurred and paid in connection with the conduct of bingo;
(2) payment of necessary and reasonable compensation incurred and paid in connection with the conduct of bingo for personnel and promoters managing and conducting the game;
(3) disbursement of net proceeds derived from the conduct of bingo to charitable purposes or the purpose for which the organization was established;
(4)(3) transfer of net proceeds derived from the conduct of bingo to the bingo savings account pending a disbursement to a charitable purpose.
(G) The disbursement of net proceeds on deposit in the bingo savings account to a charitable purpose must be made by transferring the intended disbursement back into the bingo account and then withdrawing the amount by a check drawn on that account as prescribed in this section.
(H) Proceeds given to a person or an organization for a charitable purpose must not be used by the donee:
(1) to pay for services rendered or materials purchased in connection with the conducting of bingo by the donor organization; or
(2) for a cause, an act, or an activity that does not constitute a charitable purpose or other purpose for which the organization was established if the activity is conducted by the donor organization.
(I) Gross proceeds derived from the conduct of bingo must not be commingled with other funds of the licensed organization.
(J) A licensed religious organization that has stopped conducting bingo and has unexpended bingo funds shall disburse those funds to a charitable purpose or other purposes for which the organization was established within one year after the date it ceases to conduct bingo. However, unexpended funds to be used for a building fund may be retained for this purpose. The organization shall file a report with the department showing the establishment of a building fund, the amount of money from the special account to be retained for that purpose, and other information the department may consider necessary. If the organization is identified as a fictitious charity after originally licensed, any payments due the charity revert to the general fund.
(K) Net proceeds must not be used directly or indirectly by a licensed authorized nonprofit religious organization to support or oppose a candidate or slate of candidates for public office, to support or oppose a measure submitted to a vote of the people, or to influence or attempt to influence legislation. The records of these accounts are available for inspection, upon demand, by the department.
Section 12-21-4100. (A) Each licensed nonprofit religious organization conducting bingo games shall submit quarterly to the department on the last day of the month following the close of the calendar quarter a report under oath containing the following information:
(1) the amount of the gross proceeds derived from the games;
(2) each item of expense incurred or paid;
(3) each item of an expenditure made or to be made, with a detailed description of the merchandise purchased or the services rendered;
(4) the net proceeds derived from the games;
(5) the use to which the proceeds have been or are to be applied;
(6) a list of prizes offered and given, with their respective values;
(7) excess proceeds as provided in Section 12-21-4000(12)(b);
(8) number of players at each session;
(9) other information considered necessary by the department.
(B) Each licensed nonprofit religious organization shall maintain records to substantiate the contents of each report.
(C) The department may revoke the license of an organization that fails to file the reports and information required in this article.
Section 12-21-4110. The department shall perform all functions incident to the administration, collection, enforcement, and operation of the tax and regulations imposed under this article. Local law enforcement officials are authorized to enforce the hours of operation.
Section 12-21-4120. A person or religious organization who is found in violation of the provisions of this article and assessed additional taxes, penalties, fines, or interest is entitled to a conference upon request.
Section 12-21-4130. The department may seize bingo equipment or cards found in the possession of a promoter, a licensed nonprofit organization, or player which have been manufactured, altered, or changed in a manner so as to no longer make bingo a game of chance as defined in this article.
Section 12-21-4140. A penalty of up to five thousand hundred dollars and revocation of the license at the discretion of the department may be imposed for a violation of this article. Each violation and each day in violation of a provision of this article constitutes a separate offense.
Section 12-21-4150. A person who poses as a bingo player or a person who conspires to have a person pose as a bingo player with the intent to defraud regular customers of the game, or a person who is using unauthorized bingo supplies, is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than five thousand dollars, or both.
Section 12-21-4160. The department or its designated agent or representative may enter upon the premises where bingo is played or the business premises of another person and examine books, papers, records, memoranda, commodities, or other things bearing upon the amount of taxes or fees payable or the proper conduct of a game and secure from the taxpayer or other person information directly or indirectly for the enforcement of this article.
Section 12-21-4170. The department, in its discretion, may compromise a criminal or civil action arising under the provisions of this article either before or after prosecution has begun.
Section 12-21-4180. The collection of the taxes and fees imposed by this article must not be stayed or prevented by an injunction, writ, or order issued by a court or its judge.
Section 12-21-4190. (A) The department shall charge and retain sixteen and one-half cents for each dollar of face value for each bingo card sold for AA, B, D, and E licenses. The department shall charge and retain five cents for each dollar of face value for each bingo card sold to a F license. There shall be no charge for a C license.
(B) The revenue retained must be distributed as follows:
(1) twenty-six percent of the revenue must be distributed to the sponsoring charity for which the bingo cards were purchased. The department shall make the distribution to the sponsoring charity by the last day of the next month following the month the revenue was collected. Distributions under this subsection must be reduced by any delinquent debts as defined in the Setoff Debt Collection Act;
(2) seventy-four percent pursuant to Section 12-21-4200.
(C) The provisions of subsection (B) do not apply to holders of Class F licenses. The entire amount of revenue remitted pursuant to Section 12-21-4190 by Class F licensees shall be distributed pursuant to Section 12-21-4200.
Section 12-21-4200. The first nine hundred forty-eight thousand dollars of the total revenues derived from the provisions of this article which is collected from bingo within this State must be deposited monthly in twelve equal amounts into an account in the Office of the State Treasurer and called 'Division On Aging Senior Citizen Centers Permanent Improvement Fund'. All interest earned on monies in the Division on Aging Senior Citizen Centers Permanent Improvement Fund must be credited to this fund. Of the remaining revenue:
(1) Seven and five one-hundredths percent of the annual revenue derived from the provisions of Section 12-21-4190(B)(2) must be deposited with the State Treasurer to be credited to the account of the Division on Aging, Office of the Governor. This amount must be allocated to each county for distribution in home community services for the elderly as follows:
(a) One-half of the funds must be divided equally among the forty-six counties.
(b) The remaining one-half must be divided based on the percentage of the county's population age sixty and above in relation to the total state population using the latest report of the United States Bureau of the Census.
The aging service providers receiving these funds must be agencies recognized by the Division on Aging of the Office of the Governor and the area agencies on aging.
(2) Twenty and eight-tenths percent of the annual revenue derived from the provisions of Section 12-21-4190(B)(2) must be deposited by the State Treasurer in a separate fund for the Department of Parks, Recreation and Tourism entitled the Parks and Recreation Development Fund. Interest earned by this fund must be added to it and credited to its various accounts in the same proportion that the annual allocation to each account bears to the total annual distribution to the fund. Unexpended amounts in the various fund accounts must be carried forward to succeeding fiscal years except as provided in Section 51-23-30. Fund proceeds must be distributed as provided in Chapter 23 of Title 51.
(3) Seventy-two and fifteen one-hundredths percent of the annual revenue derived from the provisions of Section 12-21-4190(B)(2) must be deposited with the State Treasurer and credited to the general fund.
Section 12-21-4210. Bingo cards may not be sold or transferred between licensed organizations, between distributors, or between manufacturers. All unused bingo cards may be returned to the department for refund and destruction. The department is required to refund only the amount retained by the department previously based on the face value of each card and does not include the manufacturer's price or transportation charges to the consignee at destination and such additional charges.
Section 12-21-4220. Bingo cards shall meet the design and requirements of the department. The use of the cards is evidence of the payment of the license tax imposed upon bingo cards by this article.
Section 12-21-4230. Manufacturers, promoters, organizations, or distributors of bingo cards are required to furnish bond in an amount approved by the department to ensure faithful compliance with the regulations of the department.
Section 12-21-4240. Each manufacturer, distributor, or organization, or promoter must be licensed to manufacture or distribute, or use bingo cards. The department shall charge an annual license fee of five thousand dollars for each manufacturer and two thousand dollars for each distributor. A license issued by the department under this section is renewable annually unless canceled or terminated. No license issued under this section is transferable or assignable.
Section 12-21-4250. A bingo card manufacturer may not be licensed to operate a game as a bingo card distributor or as a promoter. A bingo card distributor may not be a manufacturer, or a licensed nonprofit religious organization, or promoter. A licensed nonprofit religious organization or a promoter may not be a manufacturer or distributor.
Section 12-21-4260. A person licensed as a bingo manufacturer, distributor, or organization, or promoter shall submit to a background investigation. This includes each partner of a partnership and each director and officer and all stockholders of ten percent or more in a parent or subsidiary corporation of a bingo card manufacturer, distributor, or organization, or promoter. The department has sole discretion to issue a license based on the background investigation.
Section 12-21-4270. Each licensed nonprofit religious organization or promoter, in the name of a licensed organization, may obtain bingo cards approved by the department by making application and remitting sixteen and one-half percent of the total face value of the cards to be purchased. Payment to the State for the issuance of bingo cards must be made by certified check within fifteen days of receipt of the application. Upon receipt of the application, the department shall notify a licensed distributor, who has purchased bingo cards from a licensed manufacturer that the licensed distributor may release the face value of the bingo cards requested to the licensed organization or promoter. However, no additional bingo cards must be released until payment is received for the prior application of bingo cards. The department is required to set forth procedures to ensure that there is a crosscheck between manufacturers, distributors, and licensed nonprofit religious organizations or promoters. A quarterly return is required by each manufacturer, distributor, and licensed nonprofit religious organization or promoter on or before the last day of the month following the close of the calendar quarter outlining those items the department determines necessary to verify the sale and distribution of bingo cards. The sale of bingo cards and entrance fees provided by Section 12-21-4030 law are not subject to the admissions tax provided by Section 12-21-2420.
Section 12-21-4280. (A) The department may revoke a license issued under this article if it finds that a licensed nonprofit religious organization is not in compliance with the exemption requirements of the Internal Revenue Code.
(B) A license revoked under this section must not be reissued until a new application is made and the department determines that the applicant is complying with the applicable provisions of the Internal Revenue Code.
(C) The department may promulgate regulations to enforce this section.
Section 12-21-4295. Proceeds after expenses derived from the game of bingo within South Carolina must not be expended for the benefit of charitable religious organizations located outside this State."
SECTION 2. This act takes effect July 1, 1999 and applies to all bingo licenses issued or renewed on or after that date. /
Amend totals and title to conform.
Rep. SHEHEEN explained the amendment.
Rep. FLEMING raised a Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
Rep. SHEHEEN argued contra.
SPEAKER WILKINS stated that the substantial effect and impact of the amendment and the substantial effect and impact of the Bill were not the same and he therefore sustained the Point of Order and ruled the amendment out of order.
Rep. HASKINS moved to adjourn debate on the Bill until Tuesday, April 13, which was agreed to.
Rep. KNOTTS moved to reconsider the vote whereby debate was adjourned on the following Bill, which was rejected by a division vote of 31 to 42:
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.
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.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20325AFC99), which was adopted.
Amend the bill, as and if amended, in SECTION 43-21-190 of the 1976 Code as contained in SECTION 1, page 1, line 37, by striking /sixty-five/ and inserting /sixty/.
When amended Section 43-21-190 shall read:
"Section 43-21-190. There is created a model legislature on aging issues to be administered by the South Carolina Silver Haired Legislature, Inc. This model legislature shall:
(1) identify issues, concerns, and possible solutions for problems facing the aging population in South Carolina;
(2) make recommendations to the Governor and members of the General Assembly;
(3) arrange educational forums to explore issues related to older South Carolinians;
(4) promote good government for all South Carolinians.
The participants must be sixty years of age or older and must be selected pursuant to procedures adopted by the South Carolina Silver Haired Legislature, Inc. in coordination with the state's network of aging programs.
The nonpartisan model legislature shall conduct its general assembly annually and upon approval of the appropriate chamber shall meet in the state capitol."
Renumber sections to conform.
Amend totals and title to conform.
Rep. BREELAND explained the amendment.
The amendment was then adopted.
Rep. NEILSON proposed the following Amendment No. 2 (Doc Name COUNCIL\PSD\AMEND\7355AC99), which was adopted.
Amend the bill, as and if amended, Section 43-21-190, page 1, line 33, before the / ; / by inserting / and to the Joint Legislative Committee on Aging /.
Renumber sections to conform.
Amend totals and title to conform.
Rep. BREELAND explained the amendment.
The amendment was then adopted.
Rep. BREELAND explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. BREELAND, with unanimous consent, it was ordered that H. 3477 be read the third time tomorrow.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
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.
Rep. BREELAND explained the Joint Resolution.
On motion of Rep. BREELAND, with unanimous consent, it was ordered that S.604 be read the third time tomorrow.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. SCOTT withdrew his request for debate on S. 36; however, other requests for debate remained on the Bill.
Reps. ALLISON, LITTLEJOHN, CATO, HAMILTON, WALKER, EASTERDAY, LEE, LEACH, HASKINS, LOFTIS, DAVENPORT, VAUGHN and TRIPP withdrew their requests for debate on H. 3812; however, other requests for debate remained on the Joint Resolution.
Rep. NEAL withdrew his request for debate on S. 36; however, other requests for debate remained on the Bill.
Rep. MILLER withdrew her request for debate on the following Joint Resolution:
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.
The following Joint Resolution was taken up:
H. 3677 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO DELETE REFERENCES TO THE PROHIBITION ON LOTTERIES, THEIR ADVERTISING, AND TICKET SALES AND TO PROVIDE THAT LOTTERIES MAY BE CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Rep. H. BROWN demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
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 Hawkins Hayes Hines J. Hinson Howard Inabinett Keegan Kelley Kennedy Klauber Knotts Law Lee Limehouse Littlejohn Lloyd Lourie Lucas Mack Maddox McCraw McGee Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Quinn Rhoad Riser Rodgers Rutherford Sandifer Scott Sheheen Smith D. Smith F. Smith J. Smith R. Stuart Taylor Vaughn Webb Whatley Wilder Wilkes Woodrum Young-Brickell
Those who voted in the negative are:
Altman Barrett Campsen Cato Cooper Davenport Delleney Easterday Fleming Gilham Hamilton Harris Haskins Kirsh Koon Leach Loftis Martin Mason McMahand Rice Robinson Sharpe Simrill Stille Townsend Tripp Trotter Walker Wilkins Witherspoon
So, the Joint Resolution was read the third time and ordered sent to the Senate.
I wish the record to reflect that I would have voted in favor of the Education Lottery Bill. I was attending a trial before the DHEC Board.
Rep. W. MCLEOD
I voted in favor of H.3677, although I opposed a State run lottery. This will allow the people to vote on the Lottery issue. I hope that we can also approve a Bill to allow a referendum on the Video Poker issue.
Rep. ELDRIDGE EMORY
The motion period was dispensed with on motion of Rep. ROBINSON.
The following Joint Resolution was taken up:
H. 3809 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIO ON "ALL OTHER PERSONAL PROPERTY", SO AS TO CREATE A NEW PROPERTY TAX CLASSIFICATION CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY INCLUDING PASSENGER MOTOR VEHICLES, RECREATIONAL VEHICLES, PICKUP TRUCKS, TRAILERS, MOTORCYCLES, BOATS, AND PRIVATE AIRCRAFT, AND EXCLUDING UNITS OF MANUFACTURED HOUSING AND COMMERCIALLY OPERATED AIRCRAFT, ALL AS DEFINED BY LAW, AND PROVIDING AN ASSESSMENT RATIO FOR THIS NEW CLASS EQUAL TO NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE DECLINING OVER SIX YEARS TO A PERMANENT RATE OF SIX PERCENT AND TO PROVIDE EFFECTIVE DATES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 1(8), Article X of the Constitution of this State be amended to read:
"(8)(A) Except as provided in subitem (B) of this item, all other personal property shall must be taxed on an assessment equal to ten and one-half percent of the fair market value of such the property.
(B)(1) Personal motor vehicles which must be titled by a state or federal agency, including passenger motor vehicles, recreational vehicles, pickup trucks, trailers, motorcycles, boats, and private aircraft, and excluding units of manufactured housing and commercially operated aircraft, all as defined by law, must be taxed on an assessment equal to the following percentage of fair market value of the property:
Property Tax Year Percentage
year 1 9.75
year 2 9.00
year 3 8.25
year 4 7.50
year 5 6.75
year 6 6.00
(2) This subitem applies for property tax years beginning after 2001, or for earlier tax years as the General Assembly may provide by law."
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 1(8), Article X of the Constitution of this State relating to assessment ratio on 'all other personal property', be amended so as to establish a separate class of property for purposes of the property tax consisting of personal motor vehicles which must be titled by a state or federal agency, including passenger motor vehicles, recreational vehicles, pickup trucks, trailers, motorcycles, boats, and private aircraft, and excluding units of manufactured housing and commercially operated aircraft, all as defined by law, which must be assessed for property tax at the rate of nine and seventy-five hundredths percent of fair market value declining in equal annual reductions over six years to a permanent rate of six percent; and to define property tax year as property tax years beginning after 2001 or such earlier tax years as the General Assembly may provide by law?
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. ROBINSON explained the Joint Resolution.
The SPEAKER granted Rep. PARKS a leave of absence for the remainder of the day to attend a funeral.
Rep. H. BROWN spoke in favor of the Joint Resolution.
Rep. SHEHEEN 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:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Bales Barfield Barrett Battle Beck Bowers Breeland Brown G. Brown H. Brown J. Brown T. Campsen 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 Hines J. Hinson Howard Inabinett Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mack Maddox Martin Mason McCraw McGee McLeod W. McMahand Miller Moody-Lawrence Neilson Ott Phillips Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Simrill Smith D. Smith F. Smith J. Smith R. Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Sheheen Stille Stuart Wilkes
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
The following Joint Resolution was taken up:
H. 3815 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO PROVIDE THE LANGUAGE FOR THE EXPLANATION OF THE CONSTITUTIONAL BALLOT COMMISSION FOR THE AMENDMENT TO THE CONSTITUTION OF THIS STATE PROPOSED PURSUANT TO H. 3809 OF 1999.
Rep. ROBINSON explained the Joint Resolution.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Bales Barfield Barrett Battle Beck Bowers Breeland Brown G. Brown H. Brown J. Brown T. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines J. Hinson Howard Inabinett Keegan Kelley Kennedy Kirsh Klauber Knotts Lanford Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mack Maddox Martin Mason McCraw McGee McLeod W. McMahand Miller Moody-Lawrence Neilson Ott Phillips Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Simrill Smith D. Smith F. Smith J. Smith R. Stuart Taylor Townsend Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Sheheen Stille
So, the Joint Resolution was read the second time and ordered to third reading.
Rep. EASTERDAY moved that the House recur to the morning hour, which was agreed to.
On motion of Rep. LUCAS, with unanimous consent, the following was taken up for immediate consideration:
H. 3896 (Word version) -- Rep. Lucas: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES, ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER, TO MS. NANCY ELIZABETH "LIBBY" BAKER OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE "1999 SOUTH CAROLINA TEACHER OF THE YEAR" AWARD.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be, and the same hereby is, extended to Ms. Nancy Elizabeth "Libby" Baker of the Chesterfield County School District, on a date and at a time to be determined by the Speaker, for the purpose of being recognized for winning the "1999 South Carolina Teacher of the Year" award.
The Resolution was adopted.
The following was introduced:
H. 3897 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION CONGRATULATING MS. NANCY ELIZABETH "LIBBY" BAKER OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT ON BEING NAMED "1999 SOUTH CAROLINA TEACHER OF THE YEAR".
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3898 (Word version) -- Rep. Askins: A CONCURRENT RESOLUTION RECOGNIZING AND SALUTING MARY M. LAW UPON HER RETIREMENT AS EXECUTIVE DIRECTOR OF SCBRPELS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. J. BROWN, with unanimous consent, the following was taken up for immediate consideration:
H. 3899 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. 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 DECLARE MAY, 1999, AS STROKE AWARENESS MONTH IN SOUTH CAROLINA AND TO URGE ALL CITIZENS TO EDUCATE THEMSELVES REGARDING THE RISK FACTORS FOR STROKE AND HEART DISEASE AND TO RECOGNIZE THE SIGNS AND SYMPTOMS OF THESE CONDITIONS.
Whereas, South Carolina suffers from the highest death rate from stroke and heart disease in the nation; and
Whereas, stroke and heart disease are major preventable killers in South Carolina; and
Whereas, the average South Carolinian lives two years less than the average American; and
Whereas, eastern South Carolina is known as the "Buckle of the Stroke Belt" because of the high occurrence of stroke in this area; and
Whereas, stroke is the leading cause of serious, long-term disability in both South Carolina and the United States; and
Whereas, stroke and heart disease are South Carolina's leading killers, accounting for approximately fifty percent of all deaths in the State; and
Whereas, stroke, heart disease, and related complications are major causes of hospitalization, disability, and health care costs; and during 1997, $3,200,000,000 was spent for hospitalizations in South Carolina for the treatment of cardiovascular diseases, including stroke, heart failure and shock, coronary bypass, cardiac catheterization, heart transplant, and end stage renal disease; and
Whereas, stroke and heart disease cost the State of South Carolina countless millions of dollars in lost wages, rehabilitation costs, and lost economic opportunity; and
Whereas, widespread risk factors for developing heart disease and stroke, uncontrolled high blood pressure, high cholesterol, physical inactivity, obesity, smoking, atrial fibrillation, diabetes all can be reduced and/or prevented; and
Whereas, it is the public policy of this State to prevent unnecessary mortality, morbidity, cost, and needless suffering from stroke and heart disease stroke wherever possible; and
Whereas, the South Carolina General Assembly recognizes that prevention of stroke and heart disease is a matter of both state and local policy and of public concern and that involving professionals from multiple disciplines and persons from multiple sectors of society can increase the understanding of the causes of and methods for preventing the heart disease and stroke burden to the citizens of South Carolina; and
Whereas, increased awareness of the causes, signs, and symptoms of these diseases is essential to prevention and treatment; and
Whereas, a coordinated, comprehensive, planned joint public and private effort is needed to achieve the prevention and awareness of this unnecessary burden from stroke and heart disease in South Carolina; and
Whereas, a coordinated, comprehensive, long-term statewide effort to reduce risk factors in all population groups can markedly reduce the continuing toll of stroke and heart disease in South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That, by this resolution, the General Assembly of the State of South Carolina declares the month of May, 1999, as Stroke Awareness Month in South Carolina and urges all citizens to educate themselves regarding the risk factors for stroke and heart disease and to recognize the signs and symptoms of these conditions.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3900 (Word version) -- Reps. Witherspoon, Barfield, Simrill, Edge, Hayes, Davenport, T. Brown, Altman, Clyburn, Dantzler, Keegan, Kelley, Limehouse, Loftis and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-30 SO AS TO PROHIBIT LICENSURE OF A PUBLIC OR PRIVATE GROUP HOME OR COMMUNITY RESIDENTIAL CARE FACILITY PROPOSED TO BE LOCATED IN AN AREA NOT SUBJECT TO ZONING IF THE LOCAL GOVERNING BODY HAVING JURISDICTION OF THE AREA OBJECTS AND TO REQUIRE PUBLIC NOTICE AND A PUBLIC MEETING CONCERNING THE PROPOSED LOCATION OF THE HOME OR FACILITY.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3901 (Word version) -- Reps. Davenport and Lee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-1-340 SO AS TO ENACT THE "YEAR 2000 CITIZENS' PROTECTION ACT" TO ESTABLISH AN AFFIRMATIVE DEFENSE TO ANY CLAIM OR ACTION BROUGHT AGAINST AN INDIVIDUAL IF THE INDIVIDUAL'S DEFAULT, FAILURE TO PAY, BREACH, OMISSION, OR OTHER VIOLATION THAT IS THE BASIS OF THE CLAIM WAS IN WHOLE OR PART CAUSED BY A YEAR 2000 ELECTRONIC COMPUTING DEVICE FAILURE; TO PROHIBIT THE CLAIM FROM BEING REASSERTED FOR THIRTY DAYS AND TO TOLL ANY STATUTE OF LIMITATIONS FOR FORTY-FIVE DAYS; TO PROVIDE THAT THE UNDERLYING OBLIGATION OF THE INDIVIDUAL IS NOT EXTINGUISHED, DISCHARGED, OR OTHERWISE AFFECTED.
Referred to Committee on Judiciary
H. 3902 (Word version) -- Reps. Cato, D. Smith, Sandifer, Wilkins, Kirsh, Tripp, J. Brown, Meacham, Moody-Lawrence and Rice: A BILL TO AMEND TITLE 58, CODE OF THE LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, BY ADDING CHAPTER 28 SO AS TO ENACT THE "SOUTH CAROLINA COMPETITIVE POWER ACT OF 1999" WHICH REQUIRES THE PUBLIC SERVICE COMMISSION TO ADOPT A PLAN FOR RESTRUCTURING THE ELECTRIC UTILITY INDUSTRY, REQUIRES ELECTRIC UTILITIES TO FILE WITH THE PUBLIC SERVICE COMMISSION A RESTRUCTURING PLAN PROVIDING FOR COMPETITION, PROVIDES FOR THE MANNER IN WHICH SPECIFIED CUSTOMERS SHALL BE PERMITTED TO CHOOSE THEIR PROVIDERS OF ELECTRIC GENERATION SERVICES, PROVIDES FOR THE MANNER IN WHICH MUNICIPAL UTILITIES, ELECTRIC COOPERATIVES, AND STATE PUBLIC SERVICE AUTHORITIES SHALL PARTICIPATE IN THE TRANSITION TO COMPETITION, REQUIRES ELECTRIC UTILITIES TO FILE WITH THE PUBLIC SERVICE COMMISSION A PLAN FOR UNBUNDLING LOCAL DISTRIBUTION SERVICES AND FOR RECOVERING STRANDED COSTS, CREATES A LEGISLATIVE OVERSIGHT COMPETITION COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING, AND PROVIDES FOR RELATED MATTERS; AND TO REPEAL ARTICLES 3 AND 5, CHAPTER 27 OF TITLE 58 OF THE 1976 CODE RELATING TO SERVICE RIGHTS AND RATES AND CHARGES OF ELECTRIC SUPPLIERS.
Referred to Committee on Labor, Commerce and Industry
H. 3903 (Word version) -- Reps. Edge and Kelley: A BILL TO AMEND CHAPTER 7, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS, FUNCTIONS, AND RESPONSIBILITIES OF MUNICIPALITIES, SO AS TO ADD SECTION 5-7-145, PROVIDING THAT COASTAL MUNICIPALITIES HAVE THE AUTHORITY TO PROVIDE LIFEGUARD AND OTHER RELATED SAFETY SERVICES ALONG THE PUBLIC BEACHES WITHIN THEIR CORPORATE LIMITS, TO PROVIDE THAT THE MUNICIPALITIES MAY CONTRACT WITH PRIVATE BEACH SAFETY COMPANIES TO PROVIDE THESE SERVICES, TO PROVIDE CONDITIONS TO BE SATISFIED IN THE CONTRACTING PROCESS, TO AMEND SECTION 4-9-30, AS AMENDED, RELATING TO THE AUTHORITY OF COUNTY GOVERNMENT, SO AS TO PROVIDE THAT ITS AUTHORITY TO GRANT FRANCHISES IN AREAS OUTSIDE THE CORPORATE LIMITS OF MUNICIPALITIES WITHIN THE COUNTY IN THE MANNER PROVIDED BY LAW FOR MUNICIPALITIES AND SUBJECT TO THE SAME LIMITATIONS INCLUDES THE AUTHORITY TO GRANT FRANCHISES FOR THE USE OF PUBLIC BEACHES; AND TO AMEND SECTION 5-7-30, AS AMENDED, RELATING TO THE POWERS OF THE MUNICIPALITIES, SO AS TO PROVIDE THE AUTHORITY TO GRANT FRANCHISES FOR THE USE OF PUBLIC BEACHES.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3904 (Word version) -- Rep. Lanford: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 153 SO AS TO PROVIDE FOR THE INVESTMENT OF ENDOWMENT FUNDS OF STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING, PROVIDE FOR DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS, AND RESPONSIBILITIES, PROVIDE FOR THE USE OF AN ANNUAL PLAN SUBMITTED BY THE STATE RETIREMENT SYSTEM INVESTMENT PANEL IN DETERMINING EACH INSTITUTION'S INVESTMENT PLAN, TO DESIGNATE THE BOARD OF TRUSTEES OF EACH INSTITUTION OF HIGHER LEARNING AS TRUSTEE FOR THE FUNDS HELD BY THE STATE TREASURER AND THE STATE TREASURER AS THE AGENT OF EACH TRUSTEE FOR THE PURPOSE OF CARRYING OUT THE APPROVED INVESTMENT PLAN OF EACH RESPECTIVE INSTITUTION OF HIGHER LEARNING, PROVIDE FOR THE TRUSTEE'S POWERS AND DUTIES, PROVIDE FOR CERTAIN INVESTMENT CONSIDERATIONS WHICH MUST BE FOLLOWED BY THE TRUSTEE, AND PROVIDE FOR THE LIABILITY OF A TRUSTEE WHO BREACHES HIS DUTY IMPOSED BY CHAPTER 153 OF TITLE 59; BY ADDING SECTIONS 11-5-245 AND 11-5-260 SO AS TO PROVIDE FOR REPORTS FROM THE STATE TREASURER TO THE RESPECTIVE BOARDS OF TRUSTEES ON A PERIODIC BASIS, AND TO AUTHORIZE THE STATE TREASURER TO INVEST THESE ENDOWMENT FUNDS HELD BY HIM IN EQUITY SECURITIES FOR EACH RESPECTIVE INSTITUTION AS DIRECTED BY ITS BOARD OF TRUSTEES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE ENDOWMENT INVESTMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND TO ALLOW THE RESPECTIVE BOARDS OF TRUSTEES MEETING AS TRUSTEES OF THE RESPECTIVE ENDOWMENT FUNDS TO MEET IN EXECUTIVE SESSION IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.
Referred to Committee on Ways and Means
H. 3905 (Word version) -- Reps. Koon, Beck, Campsen, McCraw and McGee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIO ON "ALL OTHER PERSONAL PROPERTY", SO AS TO PROVIDE THAT ALL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY INCLUDING PASSENGER MOTOR VEHICLES, RECREATIONAL VEHICLES, PICKUP TRUCKS, TRAILERS, MOTORCYCLES, BOATS, AND PRIVATE AIRCRAFT, BUT EXCLUDING UNITS OF MANUFACTURED HOUSING AND COMMERCIALLY OPERATED AIRCRAFT, SHALL BE EXEMPT FROM AD VALOREM PROPERTY TAXATION BY HAVING A ZERO ASSESSMENT RATIO BEGINNING ON AND AFTER JANUARY 1, 2001, AND TO PROVIDE THAT THE REVENUE LOST BY COUNTIES, MUNICIPALITIES, AND OTHER POLITICAL SUBDIVISIONS OF THIS STATE AS A RESULT OF THIS EXEMPTION SHALL BE REPLACED BY A STATEWIDE SALES TAX IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.
Referred to Committee on Ways and Means
Rep. H. BROWN moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3846 (Word version) -- Reps. McGee and McKay: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF JUNE OF EACH YEAR AS OBESITY AWARENESS MONTH IN SOUTH CAROLINA.
H. 3876 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. 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 RECOGNIZE BETHLEHEM BAPTIST CHURCH OF COLUMBIA ON THE DEDICATION OF THE WILEY KENNEDY FAMILY LIFE CENTER ON APRIL 11, 1999, AND FURTHER TO RECOGNIZE THE EXEMPLARY LIFE AND GOOD WORKS OF MR. WILEY KENNEDY AND THE OUTSTANDING COMMUNITY SERVICE OF BETHLEHEM BAPTIST CHURCH.
H. 3877 (Word version) -- Rep. R. Smith: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS AND COMMENDATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE NAVY JUNIOR ROTC DRILL TEAM OF SILVER BLUFF HIGH SCHOOL IN AIKEN COUNTY ON BEING NAMED THE "SOUTH CAROLINA NAVY JUNIOR ROTC STATE CHAMPION" AT THE STATEWIDE DRILL COMPETITION SPONSORED BY THE NROTC UNIT AT THE UNIVERSITY OF SOUTH CAROLINA, ON MARCH 27, 1999, AND TO WISH THE TEAM CONTINUED SUCCESS AT THE NATIONAL DRILL MEET TO BE HELD AT THE NAVY'S TRAINING CENTER IN GREAT LAKES, ILLINOIS, ON APRIL 9 AND 10, 1999.
H. 3879 (Word version) -- Rep. Rhoad: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE ANDREW JACKSON HIGH SCHOOL "CONFEDERATES" FOOTBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS FOR AN EXCEPTIONAL SEASON AND ON CAPTURING THE 1998 CLASS A STATE FOOTBALL CHAMPIONSHIP FOR THE THIRD STRAIGHT YEAR.
At 12:20 P.M. the House in accordance with the motion of Rep. KNOTTS adjourned in memory of Walter Martin Rodgers of West Columbia, to meet at 10:00 A.M. tomorrow.
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