Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of St. John in his first epistle, Chapter 3 (v. 18):
"Little children, let us love, not in word or speech, but in truth
and action."
Let us pray.
Lord, we have observed that when things go wrong most of us start pointing our fingers at somebody other than ourselves as being responsible for the bad thing that has happened; when, as a matter of fact, there is plenty of blame to go around.
Sometimes we use the words of the Golden Rule, and say, with some degree of pride, "Do unto others as you would have them do unto you."
But, somehow, when we step back a little and take a view of the big picture, we must confess that St. John said it better, long ago, when he said,
"Little children, let us love, not in word or speech, but in truth
and action."
Amen.
The following was inadvertently omitted from the Journal of Friday, April 23, 1999:
S. 139 (Word version) -- Senators Peeler, Giese, Leventis, Russell and Reese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 32 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR BODY PIERCING IN THIS STATE, INCLUDING PROVISIONS FOR REGISTRATION, PAYMENT OF FEES, INSPECTIONS, CIVIL PENALTIES, AND CRIMINAL OFFENSES AND PENALTIES.
(By prior motion of Senator PEELER, with unanimous consent)
At 11:07 A.M., Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator GIESE moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator GIESE introduced Drs. William Brannon and Verne Prosser of Columbia, S.C., Doctors of the Day.
On motion of Senator McCONNELL, at 11:00 A.M., Senator PASSAILAIGUE was granted a leave of absence for today.
At 11:55 A.M., Senator PATTERSON requested a leave of absence from 12:30 - 3:00 P.M.
At 2:00 P.M., the leave of absence granted to Senator PATTERSON from 12:30 - 3:00 P.M. was rescinded.
At 2:00 P.M., Senator PATTERSON requested a leave of absence from 7:00 - 9:00 P.M.
At 2:00 P.M., Senator JACKSON requested a leave of absence beginning at 5:00 P.M. and lasting until Tuesday morning, May 4, 1999.
At 2:45 P.M., Senator RAVENEL requested a leave of absence beginning at 3:00 P.M. and lasting until Tuesday morning, May 4, 1999.
At 3:30 P.M., Senator DRUMMOND requested a leave of absence until 5:00 P.M.
Senator THOMAS rose for an Expression of Personal Interest.
H. 3324 (Word version) -- Rep. Harris: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE THE BRIDGE ON S.C. 52 NORTH OF CHERAW IN CHESTERFIELD COUNTY AS THE "GILBERT 'GIL' FRANKLIN HALMA BRIDGE."
Senator LAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled and ordered placed on the Calendar.
S. 770 (Word version) -- Senators Bauer and Thomas: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY
Senator PEELER asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.
There was no objection.
Senator BAUER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator BAUER asked unanimous consent to give the Bill a second reading.
There was no objection.
The Bill was recalled, read the second time and ordered placed on the third reading Calendar.
On motion of Senator BAUER, with unanimous consent, S. 770 was ordered to receive a third reading on Friday, April 30, 1999.
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.
Senator LEATHERMAN asked unanimous consent to make a motion to recall the Bill from the Florence County Delegation.
There was no objection.
Senator LEATHERMAN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator LEATHERMAN asked unanimous consent to give the Bill a second reading.
There was no objection.
On motion of Senator LEATHERMAN, H. 3891 was ordered to receive a third reading on Friday, April 30, 1999.
The following were introduced:
S. 773 (Word version) -- Senator Peeler: A BILL TO AMEND CHAPTER 11, TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, BY ADDING SECTION 34-11-55, SO AS TO PROVIDE THAT A PERSON WHO, WITH INTENT TO CHEAT AND DEFRAUD ANOTHER, SHALL OBTAIN ANYTHING OF VALUE BY MEANS OF A CHECK, DRAFT, OR ORDER UPON A BANK OR OTHER PERSON NOT INDEBTED TO THE DRAWER, WHERE HE HAS NOT PROVIDED FOR PAYMENT OR ACCEPTANCE OF THE CHECK, DRAFT, OR ORDER, AND THE CHECK, DRAFT, OR ORDER IS NOT PAID IS GUILTY OF A MISDEMEANOR, AND TO PROVIDE THAT THE GIVING OF A WORTHLESS CHECK, DRAFT, OR ORDER IS PRIMA FACIE EVIDENCE OF INTENT TO CHEAT AND DEFRAUD; TO AMEND SECTION 34-11-60, AS AMENDED, RELATING TO DRAWING AND UTTERING A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO
Read the first time and referred to the Committee on Banking and Insurance.
S. 774 (Word version) -- Senator Bauer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-150 SO AS TO GRANT UP TO THREE DAYS OF PAID LEAVE FOR STATE FULL-TIME PERMANENT OR PROBATIONARY EMPLOYEES ON THE DEATH OF A MEMBER OF THE EMPLOYEE'S IMMEDIATE FAMILY, AND TO DEFINE IMMEDIATE FAMILY TO INCLUDE THE SPOUSE, GREAT GRANDPARENTS, GRANDPARENTS, PARENTS, AUNTS, UNCLES, BROTHERS, SISTERS, CHILDREN, GRANDCHILDREN, AND GREAT GRANDCHILDREN OF THE EMPLOYEE OR THE SPOUSE; AND TO AMEND SECTION 8-11-40, AS AMENDED, RELATING TO STATE EMPLOYEE SICK LEAVE SO AS TO INCLUDE AUNTS AND UNCLES IN THE DEFINITION OF IMMEDIATE FAMILY FOR PURPOSES OF USING SICK LEAVE TO CARE FOR ILL FAMILY MEMBERS.
Read the first time and referred to the Committee on Finance.
S. 775 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2435 AND TO AMEND SECTION 52-7-20, AS AMENDED, RELATING TO THE STATE ATHLETIC COMMISSION, BOTH SO AS TO PROVIDE FOR ANNUAL COMPENSATION OF THE COMMISSION MEMBERS AND TO PROVIDE FOR FUNDING OF THE COMPENSATION BY IMPOSITION OF A SURCHARGE ON ADMISSION TO CERTAIN EVENTS.
Read the first time and referred to the Committee on Finance.
S. 776 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-701 SO AS TO DESIGNATE THE "CREPE MYRTLE" AS THE OFFICIAL STATE SHRUB.
Read the first time and referred to the Committee on Judiciary.
S. 777 (Word version) -- Senators Elliott and Rankin: 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 TIMESHARING PLANS".
Read the first time and referred to the Committee on Judiciary.
S. 778 (Word version) -- Senators Matthews, Patterson, Washington, Glover, Ford and Holland: A BILL TO AMEND ARTICLE 3, CHAPTER 6, TITLE 23 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HIGHWAY PATROL DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY, BY ADDING SECTION 23-6-180 SO AS TO REQUIRE THE DEPARTMENT TO COLLECT, CORRELATE, AND MAINTAIN CERTAIN INFORMATION REGARDING TRAFFIC LAW ENFORCEMENT BY OFFICERS OF THE HIGHWAY PATROL AND OF THE STATE POLICE AND TO REQUIRE THE DEPARTMENT TO MAKE AN ANNUAL REPORT REGARDING COMPLAINTS MADE BY MEMBERS OF THE PUBLIC AGAINST OFFICERS OF THE HIGHWAY PATROL AND OF THE STATE POLICE.
Read the first time and referred to the Committee on Judiciary.
S. 779 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 40-59-77 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL SPECIALTY CONTRACTORS, SO AS TO PROHIBIT COUNTIES AND MUNICIPALITIES FROM REQUIRING THAT RESIDENTIAL SPECIALTY CONTRACTORS ABIDE BY COMMERCIAL CONSTRUCTION LICENSING REQUIREMENTS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 780 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICES DISTRICTS BY ADDING ARTICLE 27 SO AS TO REQUIRE THE ATTORNEY GENERAL TO REVIEW TRANSFERS OF ASSETS OR CONTROL OF ASSETS BY NONPROFIT HEALTH CARE ENTITIES TO FOR-PROFIT ENTITIES, AND TO REQUIRE THAT SUCH ENTITIES NOTIFY THE ATTORNEY GENERAL NINETY DAYS PRIOR TO A CLOSING IN WHICH TRANSFERS OF ASSETS OR CONTROL OF ASSETS BETWEEN NONPROFIT HEALTH CARE ENTITIES IS BEING PROPOSED.
Read the first time and referred to the Committee on Medical Affairs.
S. 781 (Word version) -- Senator Bauer: A BILL TO AMEND SECTION 57-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETITIONING A COURT FOR THE CLOSING OF A STREET, ROAD, OR HIGHWAY, BY REQUIRING CERTAIN INFORMATION TO BE INCLUDED IN THE NOTICE OF INTENT THAT IS PUBLISHED IN A NEWSPAPER AND TO AMEND SECTION 57-9-20, RELATING TO THE COURT HEARING ON THE CLOSURE, BY PROVIDING THAT A COURT MAY NOT HEAR AND DECIDE A PETITION THAT DOES NOT MEET THE NOTICE REQUIREMENTS OF SECTION 57-9-10.
Read the first time and referred to the Committee on Transportation.
S. 782 (Word version) -- Senator McConnell: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT AND VARIOUS DUTIES OF THE DISTRICT SUPERINTENDENT AND THE BOARD, SO AS TO
Read the first time and ordered placed on the local and uncontested Calendar.
S. 783 (Word version) -- Senators J. Verne Smith, Alexander, Anderson, Bauer, Branton, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, Thomas, Waldrep, Washington and Wilson: A SENATE RESOLUTION TO EXPRESS THE PROFOUND APPRECIATION OF THE SENATE OF THE STATE OF SOUTH CAROLINA TO MALISSA HUMPHRIES AMBROSE, RECEPTIONIST FOR THE SOUTH CAROLINA SENATE, FOR THE DELICIOUS HOMEMADE LOAVES OF BREAD SHE HAS BROUGHT TO THE SENATE CHAMBER DURING THIS SESSION FOR THE ENJOYMENT OF THE SENATORS AND STAFF.
The Senate Resolution was adopted.
S. 784 (Word version) -- Senators J. Verne Smith, Alexander, Anderson, Bauer, Branton, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, Thomas, Waldrep, Washington and Wilson: A SENATE RESOLUTION TO EXPRESS THE PROFOUND APPRECIATION OF THE SENATE OF THE STATE OF SOUTH CAROLINA TO GALE RIGBY KENNEDY, SECRETARY TO SENATORS WARREN GIESE AND GREG RYBERG, FOR THE DELICIOUS HOMEMADE CAKES SHE HAS BROUGHT TO THE SENATE CHAMBER DURING THE VIDEO POKER FILIBUSTERS.
The Senate Resolution was adopted.
H. 3420 (Word version) -- Reps. Klauber, Campsen, Altman, Knotts, Hawkins, Loftis, Sandifer, Cooper, Woodrum, Lanford, Harrison, Fleming, Taylor, Young-Brickell, Limehouse, Vaughn, Rodgers, Chellis, Keegan, Barrett and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-125 SO AS TO PROVIDE THAT THE RIGHT OF THE STATE
Read the first time and referred to the Committee on Judiciary.
H. 3617 (Word version) -- Reps. Witherspoon, Sharpe, Sandifer, Breeland, Miller, Riser, Rodgers, Campsen, Beck, Altman, Seithel, M. McLeod, Cobb-Hunter, Ott, Harrell, Inabinett, Whatley, Battle and McGee: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE MARINE RESOURCES DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF MARINE RESOURCES, SO AS TO ENACT THE "SOUTH CAROLINA MARINE RESOURCES ACT OF 1999", AND TO REVISE PROVISIONS REGULATING MARINE RESOURCES AND THE MANNER THAT MARINE LIFE MAY BE HARVESTED, DEFINITIONS, OFFENSES, JURISDICTION, LAW ENFORCEMENT AUTHORITY, PROGRAMS, SUSPENSION OF PRIVILEGES, PENALTIES, ZONES, AND BOARDING OF VESSELS; TO PROVIDE FOR MARINE LICENSES AND PERMITS; TO PROVIDE FOR THE USE OF FISHING EQUIPMENT; TO PROVIDE FOR AND REGULATE TRAWLING, THE TAKING OF SHELL FISH, SHRIMP, ANADROMOUS AND CATADROMOUS FINFISH, ESTUARINE AND SALTWATER FINFISH, RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT, MARICULTURE, AND TO PROVIDE MISCELLANEOUS PROVISIONS NECESSARY TO REGULATION AND MANAGEMENT OF MARINE RESOURCES, TO PROVIDE FOR A POINT SYSTEM FOR VIOLATIONS OF MARINE RESOURCES LAWS, TO PROVIDE FOR INTERJURISDICTIONAL FISHERY MANAGEMENT; TO AMEND SECTION 44-1-152, RELATING TO REVENUE FROM FINES AND FORFEITURES, SO AS TO FURTHER PROVIDE FOR THE DISPOSITION OF REVENUE FROM FINES AND FORFEITURES;
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3705 (Word version) -- Reps. Breeland, Bailey, G. Brown, J. Brown, T. Brown, Chellis, Clyburn, Dantzler, Gourdine, Govan, Harrison, Hayes, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Law, Lloyd, McGee, Miller, Moody-Lawrence, Neilson, F. Smith, R. Smith, Whipper and Young-Brickell: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.
Read the first time and referred to the General Committee.
H. 3748 (Word version) -- Reps. Walker, Allison, Davenport, Lee, Littlejohn and D. Smith: A BILL TO AMEND SECTION 11-27-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASE PURCHASE OR FINANCING AGREEMENTS BEING SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS, SO AS TO CONFORM THE TREATMENT OF A LEASE PURCHASE AGREEMENT FOR ENERGY EFFICIENCY PRODUCTS AND A GUARANTEED ENERGY SAVINGS CONTRACT IN THE CALCULATION OF THE DEBT LIMIT TO THE PROVISIONS OF THE SECTION SPECIFICALLY EXCLUDING THEM FROM THOSE TYPES OF AGREEMENTS SUBJECT TO THE DEBT LIMIT, AND TO MAKE TECHNICAL REFERENCE CHANGES.
Read the first time and referred to the Committee on Finance.
H. 3759 (Word version) -- Reps. Cobb-Hunter, Wilkins, Seithel, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cooper, Cotty, Dantzler, Davenport, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harvin, Haskins, Hawkins, Hayes, J. Hines, Hinson, Howard, Inabinett, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Martin, Mason, McCraw, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Sharpe, Simrill, D. Smith, F. Smith, R. Smith, Stille, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND TITLE 15, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CIVIL ACTIONS, BY ADDING ARTICLE 2 SO AS TO ENACT THE YEAR 2000 COMMERCE PROTECTION ACT IN ORDER TO PROVIDE FOR THE RECOVERY OF A CLAIM FOR A PERSON WHO SUFFERS AN ECONOMIC LOSS AS A RESULT OF THE YEAR 2000 PROBLEM.
Read the first time and referred to the Committee on Judiciary.
H. 3789 (Word version) -- Reps. Battle, Bailey, Bales, Barfield, Gourdine, Harris, Harrison, Harvin, Hayes, Keegan, Kelley, Kennedy, Limehouse, Lloyd, Lourie, McGee, M. McLeod, Miller, Phillips, Riser, Sandifer, F. Smith and Witherspoon: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 47 SO AS TO ENACT THE "TOBACCO ESCROW FUND ACT" PROVIDING FOR THE ESTABLISHMENT OF A RESERVE FUND TO GUARANTEE AN EVENTUAL SOURCE OF RECOVERY FROM TOBACCO PRODUCT MANUFACTURERS WHO ARE NOT A PARTY TO THE MASTER SETTLEMENT AGREEMENT BETWEEN THIS STATE AND OTHER TOBACCO PRODUCT MANUFACTURERS, TO REQUIRE NONPARTICIPATING TOBACCO PRODUCT MANUFACTURERS TO PLACE FUNDS INTO AN ESCROW ACCOUNT, BASED ON THE NUMBER OF TOBACCO PRODUCT UNITS SOLD, FOR WITHDRAWAL TO PAY A FUTURE JUDGMENT OR SETTLEMENT, TO PROVIDE FOR ANNUAL CERTIFICATION OF COMPLIANCE, AND TO ESTABLISH ENFORCEMENT PROCEDURES AND CIVIL PENALTIES, INCLUDING PAYMENT OF ATTORNEY'S FEES AND COSTS, FINES, AND AN INJUNCTION OF CIGARETTE SALES IN THE STATE.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 3834 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTION 2-7-76, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISCAL IMPACT STATEMENTS FOR PROPOSED LEGISLATION AFFECTING COUNTIES OR MUNICIPALITIES, SO AS TO REQUIRE THE ACQUISITION OF A FISCAL IMPACT STATEMENT FROM THE "BOARD OF ECONOMIC ADVISORS" INSTEAD OF FROM THE "DEPARTMENT OF REVENUE" AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICATION OF THE INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO ADOPT APPLICATION OF THE INTERNAL REVENUE CODE AS AMENDED THROUGH TAXABLE YEAR 1998; TO AMEND SECTION 12-6-1120, AS AMENDED, RELATING TO COMPUTATION OF GROSS INCOME FOR STATE TAX PURPOSES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3410, RELATING TO INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO
Read the first time and referred to the Committee on Judiciary.
H. 4008 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DEPARTMENT OF NATURAL RESOURCES OFFICERS, SERGEANT TIMOTHY BAXLEY AND CORPORAL DON "BUBBA" MORRIS, FOR THEIR QUICK ACTION IN RESCUING A SUMTER GIRL THROWN FROM A BOAT IN WYBOO CREEK IN THE CLARENDON COUNTY AREA OF LAKE MARION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4009 (Word version) -- Reps. Harvin, Ott and M. McLeod: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE GRATITUDE AND APPRECIATION OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO SHERIFF JOHN J. MCDOUGALL OF LEE COUNTY, FLORIDA, FOR HIS TRULY GOOD SAMARITAN DEED OF RESCUING NINE YEAR-OLD KENDALL COGDILL OF PINEWOOD FROM THE MIDDLE OF INTERSTATE 95 IN CLARENDON COUNTY DURING A BLINDING RAINSTORM WHEN KENDALL WAS FRANTICALLY SEEKING HELP AFTER A TRAGIC AUTOMOBILE ACCIDENT WHICH CLAIMED THE LIFE OF HIS GRANDMOTHER, MRS. JEAN B. PARKS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4021 (Word version) -- Reps. Taylor, Wilder and Carnell: 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 adopted, ordered returned to the House.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
S. 153 (Word version) -- Senators Hutto, Elliott, Passailaigue, Leventis and Washington: A BILL TO AMEND SECTION 12-6-3385 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR THE TUITION TAX CREDIT TO PROVIDE THAT A STUDENT WHO HAS BEEN ADJUDICATED DELINQUENT OR HAS BEEN CONVICTED OR PLED GUILTY OR NOLO CONTENDERE TO ANY ALCOHOL OR DRUG-RELATED OFFENSES IS ONLY INELIGIBLE FOR THE TAXABLE YEAR IN WHICH THE ADJUDICATION OCCURRED; AND TO AMEND SECTION 59-149-90 OF THE 1976 CODE, RELATING TO LIFE SCHOLARSHIP ELIGIBILITY, SO AS TO PROVIDE THAT A STUDENT WHO HAS BEEN ADJUDICATED DELINQUENT OR HAS BEEN CONVICTED OR PLED GUILTY OR NOLO CONTENDERE TO ANY ALCOHOL OR DRUG-RELATED OFFENSES IS ONLY INELIGIBLE FOR ONE CALENDAR YEAR AFTER THE ADJUDICATION OCCURRED.
Senator HUTTO asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senators HUTTO and PATTERSON spoke on the Bill.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The Committee on Education proposed the following amendment (sbd/153.001), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting the following:
/ SECTION 1. Section 12-6-3385(B)(3) of the 1976 Code, as amended by Act 418 of 1998, is amended to read:
"(3) 'Student' means an individual enrolled in an institution of higher learning:
(a) eligible for in-state tuition and fees as determined pursuant to Chapter 112 of Title 59 and applicable regulations;
(b) who at the end of the taxable year for which the credit is claimed has completed at least fifteen credit hours a semester, or its equivalent, as determined by the Commission on Higher Education, for every regular semester ending during the applicable taxable year, and who is admitted, enrolled, and classified as a degree-seeking undergraduate or enrolled in a certificate or diploma program of at least one year;
(c) who, within twelve months before enrolling:
(i) graduated from a high school in this State;
(ii) successfully completed a high school home school program in this State in the manner required by law; or
(iii) graduated from a preparatory high school outside this State while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent;
(d) not in default on a Federal Title IV or State of South Carolina educational loan, nor who owes a refund on a Federal Title IV or a State of South Carolina student financial aid program;
(e) who has not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this State, any other state or comparable jurisdiction, or of the United States; except that a student who has been adjudicated delinquent or has been convicted or pled
(f) who is in good standing at the institution attended;
(g) who is not a Palmetto Fellowship recipient;
(h) who is not a LIFE Scholarship recipient."
SECTION 2. Section 59-149-90(A) of the 1976 Code, as added by Act 418 of 1998, is amended to read:
"Section 59-149-90. (A) Students must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a LIFE Scholarship.; except that a student who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to any alcohol or drug-related misdemeanor offenses is only ineligible for one calendar year after the adjudication occurred or for the first year the student would otherwise qualify to receive the scholarship;"
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator HUTTO, with unanimous consent, S. 153 was ordered to receive a third reading on Friday, April 30, 1999.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
S. 421 (Word version) -- Senators McConnell and Passailaigue: A BILL TO AMEND SECTION 59-149-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR A LIFE SCHOLARSHIP, SO AS TO PROVIDE THAT A PERSON WHO
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out S. 760 favorable:
S. 760 (Word version) -- Senators Wilson, Glover, Giese and Bryan: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 12, 1999, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, LANDER UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1999 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Ordered for consideration tomorrow.
Columbia, S.C., April 28, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3445 (Word version) -- Reps. Keegan, Carnell, H. Brown, Harrell, Quinn and Knotts: A BILL TO AMEND SECTION 59-107-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ONE HUNDRED TWENTY MILLION DOLLAR OVERALL DEBT LIMIT ON STATE INSTITUTION BONDS, SO AS TO REPEAL THE LIMIT AND PROVIDE THAT THE MAXIMUM AMOUNT OF ANNUAL DEBT SERVICE ON ALL OUTSTANDING STATE INSTITUTION BONDS FOR EACH STATE INSTITUTION SHALL NOT EXCEED NINETY PERCENT OF THE SUMS RECEIVED BY SUCH STATE INSTITUTION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 28, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3579 (Word version) -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-68 SO AS TO ESTABLISH A PROCEDURE WHEREBY THE STATE BOARD OF EDUCATION SHALL ADOPT AND THE SCHOOL DISTRICTS SHALL USE A UNIFORM GRADING SYSTEM NO LATER THAN SCHOOL YEAR 2000-2001.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 765 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION TO EXTEND BEST WISHES FROM THE MEMBERS OF THE GENERAL ASSEMBLY TO FOYE JONES COVINGTON ON THE OCCASION OF HER RETIREMENT AS MAGISTRATE FOR ORANGEBURG COUNTY.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 757 (Word version) -- Senator Elliott: A BILL TO AMEND TITLE 27 OF THE CODE OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AN CONVEYANCES, BY ADDING CHAPTER 42, SO AS TO ENACT "THE SOUTH CAROLINA VACATION RENTAL ACT" TO PROVIDE APPROPRIATE REGULATORY GUIDELINES FOR PERSONS AND BUSINESSES ENGAGED IN THE RENTING OR MANAGING OF RESIDENTIAL PROPERTIES FOR VACATION PURPOSES.
S. 721 (Word version) -- Senator Saleeby: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER OF FUNDING THE SECOND INJURY FUND UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE FOR THE MANNER OF ASSESSING SELF-INSUREDS AND INSURANCE CARRIERS.
S. 304 (Word version) -- Senators Hayes and Giese: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, AND THE STATE BOARD OF MEDICAL EXAMINERS, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF DIETETICS; TO ESTABLISH THE COMMITTEE OF DIETETICS AS AN ADVISORY COMMITTEE TO THE BOARD AND TO PROVIDE
S. 764 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS AND REPORT ON THE STATUTORY AND CONSTITUTIONAL RAMIFICATIONS OF VARIOUS METHODS FOR IMPROVING AND ASSURING THE SPEEDY DISPOSITION OF CIVIL CASES IN CIRCUIT COURTS AND MAGISTRATES COURTS.
(By prior motion of Senator HOLLAND, with unanimous consent)
S. 561 (Word version) -- Senator Moore: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 58 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR COUNTY VETERANS AFFAIRS OFFICERS.
S. 697 (Word version) -- Senator J. Verne Smith: 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
S. 726 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 40-43-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA PHARMACY PRACTICE ACT, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 40-43-60, AS AMENDED, RELATING TO VARIOUS REQUIREMENTS FOR THE DISPENSING AND SALE OF DRUGS, SO AS TO CLARIFY CONDITIONS UNDER WHICH A PHYSICIAN MAY DISPENSE NONCONTROLLED DRUGS AT A CLINIC PROVIDING FREE MEDICAL SERVICES AND TO CLARIFY WHICH NONNARCOTIC NONPRESCRIPTION DRUGS MAY BE SOLD BY A RETAIL MERCHANT; TO AMEND SECTION 40-43-84, RELATING TO PHARMACY INTERNSHIPS, SO AS TO ALSO
Senator GIESE explained the Bill.
S. 739 (Word version) -- Senators McGill and Elliott: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 30, ARTICLE 3 SO AS TO ESTABLISH THE SOUTH CAROLINA TOBACCO COMMUNITY DEVELOPMENT BOARD, AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES RELATING TO THE ALLOCATION OF PRIVATE TRUST FUNDS AMONG TOBACCO GROWERS AND TOBACCO QUOTA HOLDERS; TO AMEND SECTION 1-23-10, RELATING TO THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO EXEMPT THE BOARD FROM ITS SCOPE; TO AMEND SECTION 8-13-770, AS AMENDED, RELATING TO THE PROHIBITION AGAINST LEGISLATIVE MEMBERS SERVING ON STATE BOARDS AND COMMISSIONS, SO AS TO INCLUDE THE TOBACCO COMMUNITY DEVELOPMENT BOARD AS AN EXCEPTION TO THIS PROHIBITION, AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO THE EXCEPTIONS TO THE WAIVER
S. 619 (Word version) -- Senators Leventis, Land, Moore, McConnell, Hutto, Reese, Washington and Giese: A JOINT RESOLUTION TO ESTABLISH THE ELECTRONIC EQUIPMENT RECYCLING PROGRAM TO BE ADMINISTERED BY THE RECYCLING MARKET DEVELOPMENT ADVISORY COUNCIL WITHIN THE DEPARTMENT OF COMMERCE; TO IMPOSE A FIVE DOLLAR FEE ON EACH PIECE OF ELECTRONIC EQUIPMENT CONTAINING A CATHODE RAY TUBE SOLD; TO REQUIRE THE STATE TREASURER TO DEPOSIT THE FEES COLLECTED IN THE ELECTRONIC EQUIPMENT RECYCLING FUND TO BE USED, AMONG OTHER THINGS, TO DETERMINE THE MOST EFFICIENT MEANS OF COLLECTING, TRANSPORTING, AND PROCESSING SCRAP ELECTRONIC EQUIPMENT AND TO AWARD GRANTS, CONTRACTS, AND LOANS TO FURTHER THE PROCESS AND TECHNOLOGY FOR RECYCLING THIS EQUIPMENT; TO ESTABLISH THE ELECTRONIC EQUIPMENT RECYCLING COMMITTEE TO REVIEW AND EVALUATE THE USE OF THE RECYCLING FUND; AND TO REQUIRE THE RECYCLING MARKET DEVELOPMENT ADVISORY COUNCIL TO EVALUATE THE PROGRAM AND RECOMMEND WHETHER THIS PROGRAM SHOULD CONTINUE AND BE MADE PERMANENT LAW.
Senator LEVENTIS asked unanimous consent to take the Joint Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.
Senator LEVENTIS proposed the following amendment (GGS\22296CM99), which was adopted:
Amend the joint resolution, as and if amended, by adding the following appropriately numbered section:
/ SECTION _____. A retail business that is involved in the sale and marketing of electronic equipment containing cathode ray tubes is not
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
The amendment was adopted.
Senators LEVENTIS and WILSON proposed the following amendment (GGS\22320CM99), which was adopted:
Amend the joint resolution, as and if amended, SECTION 1, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. (A) There is established the Electronic Equipment Recycling Program. This program must be administered by the Recycling Market Development Advisory Council (RMDAC) within the Department of Commerce. The council shall develop and implement the program to determine the most efficient means of collecting, storing, transporting, processing, and recycling or otherwise disposing of electronic equipment.
(B) The Electronic Equipment Recycling Fund must be used to:
(1) work with local government and businesses to determine the most efficient means of collecting, transporting, and processing scrap electronic equipment;
(2) develop public education programs on the benefits of electronic equipment recycling and how to accomplish it;
(3) award grants to local governments to pay processing and recycling costs assessed by authorized electronics recyclers;
(4) award contracts to businesses and universities for research and development of new or innovative electronics recycling technology;
(5) provide loans to electronic equipment recycling businesses; and
(6) carry out activities of the Office of Solid Waste Reduction and Recycling to implement provisions of this section and to promote the recycling of electronic equipment.
(C) Electronic equipment recycling grants must be awarded on the basis of written grant request proposals submitted to and approved by the Electronic Equipment Recycling Committee, established pursuant to subsection (D). Loan applications, if initially approved by this committee, must be reviewed by the South Carolina Jobs Economic Development Authority (JEDA) for further evaluation and performance
Grant and loan requests must be reviewed for the impact of creating sustained processes for recovering and recycling scrap electronics, minimizing and eliminating substantial volumes of this material as waste, and creating jobs.
(D) There is established the Electronic Equipment Recycling Committee whose purpose is to evaluate and review the uses of the Electronic Equipment Recycling Fund. The RMDAC shall make recommendations to the Governor who shall appoint with advice and consent of the Senate one representative from each of the following groups to serve on the committee: RMDAC, the Solid Waste Advisory Council, a South Carolina financial institution, the electronics manufacturing industry, the Department of Health and Environmental Control, the environmental community, a consumer member of the public, the School of the Environment of the University of South Carolina, the South Carolina Department of Revenue, the retail community, and local government. The chairman of the committee must be appointed by the Recycling Market Development Council.
The initial appointment to the Electronic Equipment Recycling Committee shall be for five years. Should the existence of the council continue after the term of this joint resolution, the members shall serve for a term of four years. However, the terms of the initial appointees from the first six groups delineated above shall be two years and the appointees shall be eligible for reappointment for a full four-year term thereafter.
(E) The RMDAC shall report on the work and progress of the Electronic Equipment Recycling Program in its annual report to the Governor and General Assembly. /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
The amendment was adopted.
There being no further amendments, the Joint Resolution was read the third time and ordered sent to the House of Representatives.
S. 139 (Word version) -- Senators Peeler, Giese, Leventis, Russell and Reese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 32 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR BODY PIERCING IN THIS STATE, INCLUDING PROVISIONS FOR REGISTRATION, PAYMENT OF FEES, INSPECTIONS, CIVIL PENALTIES, AND CRIMINAL OFFENSES AND PENALTIES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
Senators PASSAILAIGUE and HUTTO proposed the following amendment (139.CBH.004.CBH), which was adopted:
Amend the committee amendment, as and if amended, Section 44-32-60, page 5, by adding appropriately lettered subsections at the end of Section 44-32-60 to read:
/ "(C) A body piercing technician shall verify by means of a picture identification that a recipient is at least eighteen years of age. For purposes of this section, 'picture identification' means (a) a valid South Carolina driver's license; or (b) an official photographic identification card issued by the South Carolina Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or United States Department of State. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age is a defense to an action brought pursuant to this section.
(D) A person who has his or her body pierced while under the age of eighteen in violation of subsection (C) above may bring an action in the circuit court against the person convicted of the violation to recover actual damages and punitive damages plus costs of the action and attorney's fees." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
The Committee on Medical Affairs proposed the following amendment (139SMA.001.SMA), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting language and inserting in lieu thereof the following:
Body Piercing
Section 44-32-10. As used in this chapter:
(1) 'Body piercing' means the creation of an opening in the body of a human being so as to create a permanent hole for the purpose of inserting jewelry or other decoration. This includes, but is not limited to, piercing of an ear, lip, tongue, nose, or eyebrow. 'Body piercing' for the purpose of this chapter does not include piercing an ear lobe with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear lobe.
(2) 'Department' means the Department of Health and Environmental Control.
(3) 'Body piercing facility' means any room, space, location, area, structure, or business, or any part of any of these places, where body piercing is practiced or where the business of body piercing is conducted.
(4) 'Body piercing technician' means a person who practices body piercing and who meets the requirements of this chapter.
Section 44-32-20. (A) The Department of Health and Environmental Control shall establish sterilization, sanitation, and safety standards for persons engaged in the business of body piercing. The department shall provide the necessary resources to support the development of these standards. The standards must be directed at establishment and maintenance of sterile conditions and safe disposal of instruments. The standards may be modified as appropriate to protect consumers from transmission of contagious diseases through cross-contamination of instruments and supplies.
(B) Prior to applying to the department for a permit, a body piercing facility must ensure that all body piercing technicians obtain a certificate attesting to the successful completion of a course in blood borne pathogens and body piercing infection control as approved by the department; the body piercing facility must then apply for and obtain a permit issued by the department, who shall issue such permits, renewable annually, upon presentation of a certificate of each body piercing technician's initial and annual certification of successful completion of a course in blood borne pathogens and body piercing
Section 44-32-30. A body piercing technician must observe the following infection control precautions at all times:
(1) The technician must wash his hands thoroughly with water and a germicide soap approved by the department before and after each client's procedure.
(2) When necessary for the technician to perform a procedure on certain individuals who must undergo shaving of hair, either disinfected scissors or a single-use disposable razor must be used, and the skin must be cleaned with a germicidal solution approved by the department and used in accordance with the manufacturer's directions.
(3) The technician must always use single-use disposable gloves when setting up equipment and single-use disposable gloves when performing procedures on a client; these gloves must never be washed or reused in any manner and must be immediately replaced upon notice of a tear, any contamination or other defect.
(4) All needles, instruments and other surgical equipment, and body piercing items or jewelry must be properly sterilized by autoclave and sterilely packaged and labeled with the date of sterilization and a sterile indicator.
(5) Prior to any direct contact with the client, the technician must sterilely place all sterile instruments and body piercing items or jewelry on a sterile disposable towel or drape to be used as a single sterile field throughout the procedure. Re-gloving with single-use sterile disposable surgical gloves must occur prior to initiation of the procedure, which is to be performed using strict sterile surgical techniques. Any non-sterile contact or contamination of the instruments, jewelry, or field must immediately result in cessation of the procedure and non-use of all equipment until re-sterilized.
(6) The skin of the client must be scrubbed in a sterile surgical manner with a germicidal solution approved by the department and used in accordance with the manufacturer's direction.
(7) The use of gauze, alum, styptic pencils, or medical supplies deemed necessary to control bleeding is prohibited unless a separate disposable single-use sterile item is used on each client.
(8) The technician must dispose of single-use used needles and other disposable sharp supplies in safety puncture-proof containers as approved by the department; these used containers must be disposed of in an manner prescribed by the department.
(9) All used surgical equipment intended for reuse must be properly scrubbed clean of visible materials and soaked for a minimum of twenty minutes in a germicidal solution approved by the department and used in accordance with the manufacturer's direction prior to being re-sterilized by autoclave.
(10) Each body piercing facility must keep a written log for two years of autoclave use, to include (but not be limited to) date and time of use and sterilization spore test strip results done at least monthly.
(11) The technician must allow and cooperate with on-site inspections as deemed necessary by the department.
(12) A body piercing facility must include a room for the purpose of disinfecting and sterilization of equipment and this room must be physically separate from the room used for body piercing procedures to avoid cross-contamination of equipment.
Section 44-32-40. (A) Every person engaged in the business of body piercing shall register by July 1, 2000, with the department. Upon completion of all the requirements of permitting, the body piercing facility shall receive a body piercing permit. A permitted facility shall:
(1) obtain a copy of the department's standards from the department, sign an acknowledgment upon receipt of the standards, and commit to meet the standards;
(2) provide the department with its business address and the address at which the permittee performs any activity regulated by this chapter;
(3) pay an annual permit fee of five hundred dollars to the department;
(4) post the body piercing facility permit in a conspicuous place on the premises of a licensed body piercing facility.
(B) The department may charge an additional amount if necessary to cover the cost of inspection.
(C) Fees established by this chapter must be used exclusively in support of activities pursuant to this chapter.
Section 44-32-50. (A) A body piercing technician must be at least eighteen years old and shall possess a current Red Cross First Aid Certification and Adult Cardiopulmonary Resuscitation (CPR) Certification. The Red Cross First Aid Certification must be renewed every three years, and the Adult CPR Certification must be renewed annually. A body piercing technician must conspicuously display:
(1) the annual certificate of successful completion of a course in CPR and infection control as approved by the department; and
(2) the annual permit issued by the department.
(B) A body piercing technician must comply with all applicable federal Office of Safety and Health Administration requirements or guidelines.
(C) A body piercing technician must obtain a certificate attesting to the successful completion of a course in blood borne pathogens and body piercing infection control as approved by the department.
Section 44-32-60. (A) The department may conduct the following inspections of the locations at which permittees under this chapter conduct regulated activities:
(1) an initial inspection which must be successfully completed as a condition of permitting;
(2) an inspection after any complaint is filed with the department; and
(3) no-notice inspections which may be conducted by the department at any time without previous notification to the body piercing facility.
(B) Each body piercing location shall conspicuously display a clearly legible notice to patrons informing them of any disqualification which body piercing may confer upon a prospective blood donor according to the current and subsequent amendments to standards of the American Association of Blood Banks. This notice also must appear in any informed consent or release form which a body piercer uses. This informed consent or release form must be signed by the prospective client and must contain, at a minimum, aftercare suggestions for the specific piercing site.
Section 44-32-70. (A) A department may adopt regulations that do not conflict with, or are more comprehensive than, the provisions of this chapter or with the standards adopted by the department and promulgated by regulations by the department.
(B) This chapter does not limit the department's ability to require a registrant to obtain any business license or permit that the department finds appropriate.
Section 44-32-80. The department may revoke, suspend, or refuse to issue or renew a permit pursuant to this chapter or may place a body piercing facility on probation upon proof that the operator of the facility under this chapter has:
(1) failed to maintain a business address or telephone number at which the facility may be reached during business hours;
(2) failed to maintain proper safety, sanitation, or sterilization procedures as established by law or by department regulations;
(3) obtained a body piercing facility license through fraud or deceit; or
(4) violated any applicable law or regulation.
Section 44-32-90. A person who fails to register as provided by Section 44-32-40 or violates the sterilization, sanitation, and safety standards on or after July 1, 2000, is subject to a civil penalty of five hundred dollars for each violation. This penalty may be collected in an action brought by the city attorney or the solicitor of the judicial circuit in which the violation occurred. All penalties collected must be remitted to the general fund of the State and there credited to the Department of Health and Environmental Control.
Section 44-32-100. On or after July 1, 2000, a person seeking to engage in the business of body piercing shall comply with the provisions of this chapter.
Section 44-32-110. This chapter does not restrict the activities of a physician or surgeon licensed pursuant to the laws of this State.
Section 44-32-120. (A) It is unlawful for a person to perform or offer to perform body piercing upon a person under the age of eighteen years, unless the body piercing is performed in the presence of, or as directed by a notarized writing by, the person's parent or legal guardian.
(B) This section does not apply to the body piercing of an emancipated minor.
(C) The minor upon whom body piercing is performed, or the parent or legal guardian of that minor or any other minor is not liable for punishment pursuant to this section.
(D) Body piercing may not be performed upon a person impaired by drugs or alcohol. A person is considered incapable of consenting to body piercing and incapable of understanding body piercing procedures and aftercare suggestions.
(E) Body piercing may not be performed on skin surfaces having a rash, pimples, boils, infections, or evidence of unhealthy conditions.
(F) A person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined up to two thousand five hundred dollars or imprisoned up to one year, or both."
SECTION 2. This act takes effect July 1, 2000.
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION OR ANNEXATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING INCORPORATED OR ANNEXED IS NOT GREATER THAN ONE MILE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the previously proposed amendment (JUD0226.005) by Senators McCONNELL and BRYAN, and printed in the journal of Wednesday, April 28, 1999.
Senator McCONNELL and BRYAN spoke on the amendment.
The amendment was adopted.
The Committee on Judiciary proposed the following amendment (JUD0226.004), which was tabled:
Amend the bill, as and if amended, page 2, beginning on line 4, in Section 5-1-30 (A)(4), as contained in SECTION 1, by striking item (4) in its entirety and inserting therein the following:
/ (4) that the area proposed to be incorporated is contiguous. Contiguity is not destroyed by an intervening marshland located in the tidal flow or an intervening publicly-owned waterway, whether or not the marshland located in the tidal flow or the publicly-owned waterway has been previously incorporated or annexed by another municipality.
Amend title to conform.
The amendment was tabled.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 434 (Word version) -- Senators Short, Jackson and Gregory: A BILL TO AMEND SECTION 34-39-120 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELATING TO DEFERRED PRESENTMENT SERVICES, SO AS TO DEFINE THE TERM "CASH ADVANCE"; TO AMEND SECTION 34-39-180, RELATING TO RESTRICTIONS AND REQUIREMENTS FOR DEFERRED PRESENTMENT OF A CHECK, SO AS TO PROVIDE THAT THE FACE AMOUNT OF A CHECK TAKEN FOR DEFERRED PRESENTMENT OR DEPOSIT, INCLUDING THE CASH ADVANCE MADE TO THE CUSTOMER AND THE FEE IMPOSED BY THE DEFERRED PRESENTMENT SERVICE, SHALL NOT EXCEED THREE HUNDRED FORTY-FIVE DOLLARS; TO AMEND SECTION 34-39-200, RELATING TO EXEMPTIONS FROM THE DEFERRED PRESENTMENT ACT, SO AS TO REVISE CERTAIN EXEMPTIONS; TO AMEND SECTION 34-41-20, RELATING TO LICENSE REQUIREMENTS FOR CHECK CASHING SERVICES, SO AS TO REQUIRE A SEPARATE LICENSE FOR EACH BUSINESS LOCATION; TO AMEND SECTION 34-41-30, RELATING TO EXEMPTIONS FROM CHECK CASHING SERVICE LAW, SO AS TO REDEFINE THE EXEMPTION FOR RETAIL SELLERS TO ALLOW UP TO TWO DOLLARS, RATHER THAN NO CONSIDERATION; TO AMEND SECTION 34-41-40, RELATING TO CHECK CASHING SERVICE LICENSE APPLICATIONS, TO REVISE THE INVESTIGATION AND
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator RYBERG proposed the following amendment (434R001.WGR), which was adopted:
Amend the bill, as and if amended, beginning on page 5, line 35, by striking subsection (C) in its entirety and inserting in lieu thereof the following:
/ (C) (1) The application must be accompanied by payment of a two hundred fifty dollar application fee and a five hundred dollar investigation fee.
(2) If the same person has more than one license application, then:
(a) the investigation fee is payable only for the first application, provided, that the person shall affirmatively state to the board that he has more than one application. If a person who is already licensed seeks a license for additional locations, the investigation fee shall not be required; and
(b) the application fee is two hundred fifty dollars for the first license and fifty dollars for each additional license applied for by that person.
(3) These fees are not refundable or abatable, but, if the license is granted, payment of the application fee shall satisfy the fee requirement for the first license year or remaining part of it.
(4) For purposes of this subsection, `person' includes a natural person or an individual and an organization. /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 753 (Word version) -- Senators Martin and Giese: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF WILDLIFE MANAGEMENT AREAS AND LAND OWNED BY THE DEPARTMENT INCLUDING, BUT NOT LIMITED TO, HIKING, ROCK CLIMBING, OPERATION OF MOTORIZED AND NONMOTORIZED VEHICLES, SWIMMING, CAMPING, HORSE RIDING, OPERATION OF BOATS, POSSESSION OF PETS, AND GATHERING PLANTS, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS SECTION.
Senator MARTIN explained the Bill.
S. 581 (Word version) -- Senator McConnell: A BILL TO AMEND ACT 434 OF 1998, RELATING TO THE ESTABLISHMENT AND ENFORCEMENT OF DRIVING UNDER THE INFLUENCE PROHIBITIONS, SO AS TO DELETE THE PROHIBITION AGAINST THE SALE OF MALT LIQUOR IN CONTAINERS GREATER THAN ONE LITER.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0581.001), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 24, as contained in SECTION 18 17, by striking lines 24 though 25 in their entirety and inserting therein the following:
/ 11 of this act. All remaining provisions take effect upon approval by the Governor." /
Amend title to conform.
Senator COURTNEY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator GIESE, with unanimous consent, S. 581 was ordered to receive a third reading on Friday, April 30, 1999.
H. 3082 (Word version) -- Reps. Townsend, Walker, Delleney, J. Brown, Stuart, Harrison, Allison, J. Hines, Edge, Robinson, Rodgers, Cato, Wilkins, Sandifer, Moody-Lawrence, Lourie, J. Smith, F. Smith, Rutherford, Maddox, Allen, Ott, Harvin, Kennedy, Jennings, Bales, Hayes, W. McLeod, Simrill, Knotts and Webb: A BILL TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.
On motion of Senator ANDERSON, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3002 (Word version) -- Reps. Wilkins, Hawkins, Altman, J. Brown, Loftis, Leach, Kelley, Harvin, Walker, D. Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser,
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. P-1 (3002R008.ELP) proposed by Senators PASSAILAIGUE, LAND and McCONNELL and previously printed in the Journal of April 13, 1999.
Senator RYBERG argued contra to the adoption of the amendment.
At 12:17 P.M., with Senator RYBERG retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed fifteen minutes.
At 12:34 P.M., the Senate resumed.
Senator RYBERG argued contra to the adoption of the amendment.
At 12:49 P.M., with Senator RYBERG retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 12:55 P.M., the Senate resumed.
Senator RYBERG argued contra to the adoption of the amendment.
With Senator RYBERG retaining the floor, Senator MOORE, with unanimous consent, addressed the body.
At 1:08 P.M., with Senator MOORE retaining the floor, on motion of Senator SETZLER, with unanimous consent, the Senate receded from business not to exceed two minutes.
At 1:10 P.M., the Senate resumed.
Senator MOORE was recognized.
Senator MOORE asked unanimous consent to make a motion, with Senator RYBERG retaining the floor, that the Senate proceed to a vote on Amendment No. P-1, and, prior to voting, proponents would be granted up to fifteen minutes to speak on the amendment and opponents granted up to five minutes. Further, if Amendment No. P-1 is defeated, the Senate would proceed to a consideration of Amendment No. P-8. Proponents would be granted up to fifteen minutes to speak on Amendment No. P-8 and opponents would be granted up to five minutes, at which time a vote would be taken on Amendment No. P-8. If the adoption of both amendments fails, the Senate would resume consideration of H. 3002 and any amendments on the Desk, with Senator RYBERG retaining the floor.
There was no objection.
Senator LAND argued in favor of the adoption of Amendment No. P-1 and Senator MARTIN argued contra.
Senator MARTIN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Bryan Courson Courtney Drummond Elliott Fair Giese Gregory Grooms Hayes Holland Jackson Leatherman Leventis Martin McGill Moore O'Dell Rankin Reese Russell * Ryberg Setzler Short
Smith, J. Verne Thomas Waldrep Washington Wilson
Branton Cork Ford Glover Hutto Land Matthews McConnell Mescher Passailaigue * Patterson Peeler Ravenel Saleeby
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The amendment was laid on the table.
The Senate proceeded to a consideration of Amendment No. P-8.
Senators HAYES, RYBERG, ANDERSON, BRYAN, DRUMMOND, FAIR, GIESE, GREGORY, GROOMS, LEATHERMAN, MARTIN, RUSSELL, J. VERNE SMITH, THOMAS, WALDREP and WILSON proposed the following Amendment No. P-8 (NBD\11363HTC99), which was tabled:
Amend the Report of the Committee on Judiciary, as and if amended, by adding the following appropriately numbered section to read:
/ SECTION ____. A. Section 12-21-2720 of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:
"Section 12-21-2720. (A) Every person who maintains for use or permits the use of, on a place or premises occupied by him, one or more of the following machines or devices, in addition to the license required pursuant to Section 12-21-2784(A)(4) as applicable, shall apply for and procure from the South Carolina Department of Revenue a license effective for two years for the privilege of making use of the machine in South Carolina and shall pay for the license a tax of fifty dollars for each machine in item (1), two hundred dollars for each
(1) a machine for the playing of music or kiddy rides operated by a slot or mechanical amusement devices and juke boxes in which is deposited a coin or thing of value. A machine on which an admissions tax is imposed is exempt from the C.O.D. license provisions of this section.;.
(2) a machine for the playing of amusements or video games, without free play feature, or machines of the crane type operated by a slot in which is deposited a coin or thing of value and a machine for the playing of games or amusements, which has a free play feature, operated by a slot in which is deposited a coin or thing of value, and the machine is of the nonpayout pin table type with levers or "flippers" operated by the player by which the course of the balls may be altered or changed. A machine required to be licensed under this item is exempt from the license fee if an admissions tax is imposed.;
(3) a machine of the nonpayout type, in-line pin game, or video game with free play feature machine as defined in Section 12-21-2772(5) operated by a slot in which is deposited a coin or thing of value except machines of the nonpayout pin table type with levers or 'flippers' operated by the player by which the course of the balls may be altered or changed.
(B) No municipality may limit the number of machines within the boundaries of the municipality. A municipality may by ordinance impose a license fee on machines licensed pursuant to subsection (A)(3) of this section in an amount not exceeding ten percent of three thousand six hundred the license amount less four hundred dollars of the license fee imposed pursuant to subsection (A) for the equivalent license period, but not less than three hundred sixty dollars.;
(C) The owner or operator of any coin-operated device which is exempt from Section 16-19-60 and is subject to licensing under Section 12-21-2720(A)(3) and which has multi-player stations, shall purchase a separate license for each such station and any such multi-player station counts as a machine when determining the number of machines authorized for licensure under Section 12-21-2804(A).
(D) A county may by ordinance impose a license fee on machines licensed pursuant to subsection (A)(3) of this section located in an unincorporated area of the county in an amount not exceeding ten percent of three thousand six the license amount less four hundred dollars of the license fee imposed pursuant to subsection (A) for the equivalent license period, but not less than three hundred sixty dollars.
(E) The department shall not issue a license for the operation of a video game with a free play feature which is located or intended to be located on a watercraft or vessel plying the territorial waters of this State.
(F) Four hundred dollars of the four thousand dollar license fee fees imposed in subsection (A) (G) may be retained by the department and expended in budgeted operations for the implementation and ongoing operation of the monitoring system required by law or in other programs and services as the director may determine necessary and appropriate.
(G) The machine owner of machines as defined in Section 12-21-2772(5) which have never been licensed shall pay a nonrefundable license fee for each machine of four thousand dollars. The machine owner of previously licensed machines shall pay a nonrefundable renewal license fee as follows:
Net Income of Machine in Twelve Biennial
Months Preceding License Date License Fee
Not more than $12,000 $3,000
More than $12,000 but not more than $24,000 $4,000
More than $24,000 but not more than $48,000 $6,000
More than $48,000 $8,000."
B. The 1976 Code is amended by adding:
"Section 12-21-2777. (A) In addition to license fees for machines licensed pursuant to Section 12-21-2720(A)(3), a tax of ten percent of the gross machine income of every machine is imposed on the machine owner.
(B) Unless the department exempts a taxpayer from this requirement, the taxes in this subsection must be paid to the department by the machine owner through electronic transfer of funds. The machine owner shall furnish the department all information and bank authorization required to facilitate the timely payment of taxes due to the State. Machine owners shall provide the department thirty days' advance notice of any proposed bank account changes to ensure the uninterrupted electronic transfer of funds.
(C) After notice to taxpayers, the department may draw upon the designated account to satisfy the tax indebtedness under this section on the twentieth day of the month following the month for which taxes accrued. The machine owner shall maintain an account balance in an amount sufficient to cover the amount drawn by the department. The failure to maintain an adequate balance in the account as required in this section authorizes the department to find the tax in jeopardy and to
(D) Unless the General Assembly determines that such reports are unnecessary, each machine owner, machine operator, and licensed establishment shall report to the department for each calendar quarter, by the twentieth of the month following end of the quarter, the following information for each machine:
(1) name and address of location of the machine;
(2) denomination, whether five cents or other denomination, of the game;
(3) the name of the game;
(4) the name of the individual or individuals collecting money from the machine and the owner of the machine;
(5) the date or dates of collection;
(6) the date of previous collection;
(7) income number at commencement of the reporting period;
(8) income number at the end of the reporting period;
(9) beginning payout number;
(10) ending payout number;
(11) payout to players;
(12) gross income of each machine.
(E) For machines connected to the central computer monitoring system, the department shall determine the tax on gross machine income on the last day of each month. The department shall notify the machine owner in the form of a billing statement of the amount of tax the department shall draw from the designated account to satisfy the tax due.
(F) As an interim procedure to collect the taxes in this section between the effective date of this section and when a machine is connected to the central computer monitoring system, the department shall develop forms and procedures to facilitate the return and payment of these taxes. This interim procedure also must be used during any period when the central computer monitoring system is unable to determine these taxes due. The taxes are due and payable and the return is due on or before the twentieth day of the month following the month in which the taxes accrue.
(G) An owner shall report to the department any discrepancies in tax between the department's statement and each machine's mechanical and electronic meter readings.
(H)(1) Until a discrepancy under subsection (G) is resolved, the department may not make credit adjustments. The owner shall submit to the department the maintenance log that includes current mechanical meter readings and the audit ticket that contains electronic meter readings generated by the machine's software for each machine that reflects a discrepancy. Electronic accounting meters must not be cleared without an authorized department or division employee present. Any discrepancies that cannot be resolved because the meter was cleared in an unauthorized manner must be resolved in favor of the State.
(2) A licensed establishment may return to a player money which the player deposited into the machine for which the machine did not permit play and would not print a validated payout ticket; and in this event shall obtain and record the date, time, amount, and licensed machine number of the refund, and the name, addresses, telephone number, social security number, and driver's license identification number and state, of that player. Thereafter, the taxpayer may file a claim for refund for any taxes paid under this chapter on the amount returned to the player in accordance with Chapter 60 of this title, but in addition to the information required by Section 12-60-470, the taxpayer shall file the information required to be maintained by the licensed establishment under this subsection.
(I) The State Treasurer shall create a designated account for the deposit of the tax, penalties, and interest imposed on machines. However, before depositing revenues to this account, the department shall retain its costs and the costs of the State Law Enforcement Division. The department and the division may retain, carry forward, and expend the funds withheld for the enforcement and administration costs of Articles 19 and 20 of this chapter. All interest earned on revenues placed into the account remain with the account.
(J) Revenue deposited in this account must be distributed in a fiscal year as follows:
(1) four million dollars must be distributed to the South Carolina Department of Alcohol and Other Drug Abuse Services for the development of a program for the treatment of individuals with addictions to gambling. Ninety-five percent of the sum allocated by this item must provide local gambling addiction services in each county. Distribution to each local county office for gambling addiction treatment must be made in accordance with the following formula:
(a) one-half of the funds based on the ratio of the number of licensed machines located in each county to the total licensed machines statewide, as of December thirty-first of the preceding year;
(b) one-half of the funds based on the ratio of the population of each county to the total population of the State;
(2) of amounts remaining in this account, and as the General Assembly shall provide by law, sums must be provided for local law enforcement for enforcement of this article and Article 19 of this chapter and the remainder must be appropriated for nonrecurring purposes.
C. Section 12-21-2782 of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:
"Section 12-21-2782. All video game machines licensed under Section 12-21-2720(A)(3), no later than December 31, 1998 September 1, 1999, or ninety days after the effective date of this September 1, 1999, provision, whichever is later, must:
(1) have games that are random and have a minimum payback of at least eighty percent in which the theoretical payout percentage is determined using standard methods of probability theory;
(2) be secure and accountable;
(3) not operate in a misleading or deceptive manner; and
(4) be capable of interfacing with a computerized monitoring system to be selected by the department.
The technical standards established by the department must be designed so as to maximize competition in the market place among manufacturers.
Machines not meeting the standards of this section or regulation of the department may not be licensed. The license of any machine which fails to maintain the standards of this section or regulation of the department must be revoked."
D. Section 12-21-2784 of the 1976 Code, as added by Act 164 of 1993, is further amended to read:
"Section 12-21-2784. (A) Each machine manufacturer, distributor, operator, and licensed establishment must be licensed by the commission department pursuant to Article 19 of this chapter or this article, as applicable, and this article before a machine or associated equipment is manufactured, distributed, sold, or placed for public use in this State. The biennial fees for these licenses are as follows:
Every two years a manufacturer, distributor, machine operator, and establishment engaging in business in this State, shall apply for and obtain from the department a license for the privilege of engaging in
(1) Manufacturer $10,000
(2) Distributor $15,000
(3) Machine Operator $2,000
(4) Licensed Establishment $1,000
(B) If a license purchased is for less than twenty-three months because of this section, the license tax must be prorated on a twenty-four month basis with each month representing one twenty-fourth of the license fee imposed under this section and Section 12-21-2728(A)(3).
(C) The department, at its discretion and for the efficient administration of the law, may prorate licenses in any manner to implement or change the expiration date established in this section and to stagger the issuances of the licenses by county or by any other method considered appropriate by the department.
(D) A license authorized in this section or Section 12-21-2728(A)(3) must not be issued until the department receives a completed background investigation showing that the standards provided for in Section 12-21-2805 have been met by the applicant.
(E) An application for a license may be denied or a license may be revoked if the applicant or licensee fails to pay any tax or fee administered by the department.
(F) A license issued under this chapter is a privilege personal to the person to whom it was issued and is not a legal right."
E. Section 12-21-2786 of the 1976 Code, as added by Act 164 of 1993, is amended to read:
"Section 12-21-2786. The placement of machines in licensed establishments is subject to the provisions of Article 19 of this chapter and the rules and regulations promulgated by the commission. (A) An establishment license must not be issued until the department determines that the location is proper. In determining whether a location is a proper one, the following factors may be considered:
(1) the location's proximity to residences;
(2) the location's proximity to houses of worship, schools, playgrounds, parks, and daycare centers;
(3) the likelihood that large crowds will gather from time to time with attendant breaches of the peace;
(4) the adequacy of law enforcement protection;
(5) the concentration in the area of other licensed establishments;
(6) compliance with this article; and
(7) all other pertinent information the department and division consider appropriate, or other information submitted for consideration.
(B) An establishment license must not be issued if the location is within one hundred feet of another licensed establishment. However, an existing location which operates machines before March 31, 1999, is not governed by the provisions of this subsection while the location continues to be operated in accordance with the single place or premise regulation and the operation of the location continues in the name of the current licensed machine operator. Notwithstanding the provisions of this subsection, the department may issue an establishment license after notice and the procedures in this section if the department otherwise determines that the location is a proper one.
(C) The person applying for the establishment license closer than permitted under subsection (B) shall place a notice at least once a week for three consecutive weeks in a newspaper or newspapers most likely to provide notice to interested citizens of the county, city, or community in which the person seeks to locate the proposed establishment. The department shall determine which newspaper or newspapers meet the requirements of this section based on available circulation figures. If a newspaper is published within the county and historically has been the newspaper where legal notices are published, the advertisements published in that newspaper meet the requirements of this section. Notice also must be given by displaying a sign for fifteen consecutive days at the site of the proposed establishment. The sign shall:
(1) state that a license for the operation of machines is being sought and that the establishment will be able to issue cash payouts from these machines;
(2) tell an interested person where and when to send a written protest of the application;
(3) be in bold print; and
(4) cover a space at least eleven inches wide and eight and one-half inches high.
(D) The department shall determine whether the location is a proper one. Any protestor or the applicant may appeal the department's determination.
(E) The provisions of this section apply to all applications. However, establishments in existence on the effective date of this section are not subject to the distance restrictions of this section and Section 12-21-2793 while the license is held by the same person who held the license on March 31, 1999.
(F) Notwithstanding any other provisions of law, a municipality or county, by ordinance, may regulate the location within the municipality or county of a licensed establishment by means of zoning or other ordinances generally applicable to classes of business activity. Before a machine may be licensed or relicensed, the owner of the machine must obtain a location license from the appropriate local government for a fee of one hundred dollars stating the licensed establishment is in compliance with all local ordinances, which must be issued by the local government upon its determination that machines in that establishment will conform to all local ordinances. The Department of Revenue may not issue an establishment license for any location which has not been issued a local location license. If a machine is relocated from the establishment for which the location license is issued, the Department of Revenue must revoke the license it has issued. A machine on which these games are played may be confiscated as contraband by the appropriate law enforcement agency when it is determined by the local agency enforcing the ordinance that the machine is placed in violation of the ordinance. A machine may be disposed of after it is confiscated as contraband after a hearing in a magistrate's court in the case of a county violation and before a municipal court in the case of municipal violation. The only two issues which may be raised at the hearing are whether or not:
(1) the machine is licensed under Section 12-21-2720(A)(3); and
(2) the location of the licensed establishment is prohibited by ordinance."
F. Section 12-21-2791 of the 1976 Code, as last amended by Act 53 of 1997, is further amended to read:
"Section 12-21-2791. (A) Any location licensed establishment which operates or allows the operation of coin-operated machines pursuant to Section 12-21-2720(A)(3) which provides payouts shall limit the cash payout for credits earned for free games to two thousand five hundred credits a player a location during any twenty-four hour period. The cash value of credits for each free game is limited to five cents and any person employed or working therein shall not allow more than two dollars to be risked, wagered, or played on any one play or hand.
B)(1) No person may possess, own, operate, maintain for use or operation, or allow the operation of, any machines that:
(a) issue payouts of more than one hundred twenty-five dollars per day per location; or
(b) require any minimum number of credits before issuance of a validated payout ticket; or
(c) permit any player to receive a payout at the end of play greater than one hundred twenty-five dollars, regardless of the amount of money deposited into the machine; or
(d) produce at the completion of play validated tickets worth more than one hundred twenty-five dollars, regardless of the amount deposited in the machine; or
(e) allow at the completion of play the production of multiple tickets with a collective value of greater than one hundred twenty-five dollars or any other schemes to evade the one hundred twenty-five dollars per hand and cash out limits provided above.
(2) The central computer monitoring system shall delete prior to the completion of play and the printing of validated tickets all credits or their equivalents with a value of greater than one hundred twenty-five dollars.
(C) The department shall revoke for five years all licenses of the machine owner, machine operator, machines, and the establishment, where any machine violating subsection (A) and (B) is found."
(D)(1) The owner of each machine licensed pursuant to Section 12-21-2720(A)(3) shall keep or cause to have kept at the licensed establishment where the machine is located a record or log book with the following:
(a) the license number of that machine, its location and the name, address, and social security or tax identification number of the owner thereof;
(b) the name, address, and social security number of any individual to whom a cash payout is made regarding payout credits, or free games from that machine. If the individual is not an American citizen or is otherwise lawfully without a social security number, the record or log book shall so state attested to by that individual's signature. The responsibility for determining whether or not the individual is lawfully without a social security number rests with the owner of the machine or his agent. In this event, other identifying information as required by regulation of the department shall be obtained.
(c) the amount of the cash payout to that individual and his signature in the record or log book acknowledging receipt of same;
(d) the name and address of the owner or other person who was financially responsible for the cash payout; and
(e) a written certification made under penalty of perjury in the record or log book by the owner of the machine or his agent that the number of free games or credits on the machine as a result of that player's payout was reset at zero after the cash payout.
(2) The provisions of item (1) of this subsection are in addition to any other requirements provided by law and are imposed on the owner of the licensed machine who along with his agents or operators on the premises where the machine is located shall be charged with a violation of this subsection if a violation occurs. Violations of this subsection shall be punished as provided in Section 12-21-2804(F) and the machine confiscated in the manner provided by law. Failure to keep a record or log book in the manner required herein is also deemed a violation of this subsection.
(E) The department beginning September 1, 1999, or ninety days after the effective date of this subsection, whichever is later, may require the computer monitoring systems of all licensed machines to delete the number of free games or credits reflected on the machine as a result of a player's payout if the player receives a cash payout for these free games or credits."
G. Section 12-21-2802 of the 1976 Code, as added by Act 164 of 1993, is amended to read:
"Section 12-21-2802. (A) Each machine licensed machine under this article or Article 19 must have a prominently displayed sign citing the penalties provided by Sections 12-21-2790, 12-21-2792, and 12-21-2794 on the wall above the machine or affixed prominently to the machine. Every licensed establishment shall have at least one sign prominently posted and visible to the players stating: 'NO PAYMENT GREATER THAN ONE HUNDRED TWENTY-FIVE IS ALLOWED REGARDLESS OF THE AMOUNT DEPOSITED IN THE MACHINES.' The commission department shall make these signs available free of charge.
(B) In addition to all other signs required under this section, a machine owner must obtain from the department for a fee of one hundred dollars a white warning label that must be prominently and permanently affixed to each machine. The label must contain the phrase 'WARNING: GAMBLING CAN BE ADDICTIVE' in capital black letters not less than two and one-half inches in height and one and one-half inches in width, followed by the phrase 'CALL 1-XXX-XXX-XXXX FOR HELP WITH GAMBLING ADDICTION' in capital black letters not less than one inch in height and one-half inch in width. The toll free number to be inserted on the label must be
H. Section 12-21-2804 of the 1976 Code, as last amended by Act 53 of 1997, is further amended to read:
"Section 12-21-2804. (A)(1) No person shall apply for, receive, maintain, or permit to be used, and the commission department shall not allow to be maintained, permits or licenses for the operation of more than eight machines authorized under Section 12-21-2720(A)(3) at a single place or premises for the period beginning July 1, 1993, and ending July 1, 1994. After July 1, 1994, the commission department may not issue nor authorize to be maintained any licenses or permits for more than five machines authorized under Section 12-21-2720(A)(3) at a single place or premises. Any licenses or permits issued for the operation of machines authorized under Section 12-21-2720(A)(3) during the period of July 1, 1993, and July 1, 1994, for a two-year period shall continue in effect after July 1, 1994, provided that during the period of July 1, 1994, and July 1, 1995, no person shall maintain at a single place or premises more than eight machines authorized under Section 12-21-2720(A)(3). In addition after July 1, 1999, the department is authorized to issue licenses for machines under Section 12-21-2720(A)(3) only in accordance with the provisions of subsection (H).
(2) No machine may be licensed or relicensed in any location where the primary and substantial portion of the establishment's gross proceeds is from machines licensed under Section 12-21-2720(A)(3) licensed establishment that derives the primary and substantial portion of its proceeds from these machines. A licensed establishment which receives more than fifty percent of its total gross proceeds from machines violates this prohibition. This fifty percent requirement must be maintained each calendar quarter of the calendar year. The department may require reports to be filed as to the amount of gross proceeds at the licensed establishment that are from activities other than machines. Each licensed establishment must maintain records on the premises that show compliance with this provision including, but not limited to, gross machine income by months, gross proceeds by month from all other sources, invoices for purchases, cash payouts by month, bank deposits, and all checking, savings, and similar account records. The term "gross proceeds" from the machines means the establishment's portion.
(3) The commission department shall revoke the licenses of machines located in an establishment which fails to meet the requirements of this section. No license may be issued for a machine in an establishment in which a license has been revoked for a period of six months from the date of the revocation. The term "gross proceeds" from the machines means the establishment's portion.
(B)(1) No person who maintains a place or premises for the operation of machines licensed under Section 12-21-2720(A)(3) may advertise in any manner for the playing of the machines nor may a person or offer or allow to be offered any special inducement to a person for the playing of machines permitted under Section 12-21-2720(A)(3) except as permitted in items (2) or (3) of this subsection.
(2) The offering of inducements, defined as any attempt to influence a person to play machines including, but not limited to, the following are prohibited:
(a) free or discounted food or beverages;
(b) free or discounted games other than credits won through authorized play;
(c) prizes, either at the doors or through drawings or other means;
(d) coupons offering any of the above; or
(e) cash other than authorized payouts.
These specified inducements are not exclusive. Other attempts to influence a person to play a machine are also prohibited.
A licensed establishment that engages in activities other than the operation of machines may not offer any inducement unless the licensed establishment is able to prove that the inducements offered are not directed at machine players and that the offerings are part of the normal business practice of similar activities in this State.
(3)(a) A licensed establishment may advertise, or allow the advertising of, the playing of machines by utilizing a single green square not exceeding four by four feet which may be placed alone on any side of the building in which the licensed establishment is located.
(b) Nothing in this item prevents a licensed establishment from advertising other goods and services except as otherwise prohibited by law.
(c) No person may advertise in a misleading or deceptive manner.
(d) To protect the public from misleading, deceptive, or aggressive sales practices, no person shall advertise the playing of
(e) Due to the pervasiveness of the medium and the children in the audience, no person may advertise the playing of machines in any broadcast medium between the hours of 5:00 a.m. and 11:00 p.m.
(f) No person shall advertise in any manner for the playing of machines within one thousand feet of a public or private school, daycare center, kindergarten, residence, park, playground, or church.
(g) Signs and nonbroadcast advertising in existence on the effective date of this item are not subject to the provisions of this item until July 1, 2001, if notice is given to the department in the manner it requires.
(C)(1) A licensed establishment including its employees and agents, may not:
(a) No allow any person under twenty-one years of age may to receive a payout as a result of the operation of the machines licensed under Section 12-21-2720(A)(3).;
(b) cash any business, personal, or employment checks of any individual or business;
(c) make loans to any individual or business;
(d) accept a credit card or debit card from a player for the exchange or purchase of game credits or for advancement of coins or currency;
(e) extend credit, in any manner, to a player; or
(f) allow playing of machines by a person in an intoxicated condition.
(2) No establishment which holds a minibottle license or an on premises consumption beer and wine permit may be a licensed establishment under Articles 19 and 20 of this chapter unless machines located in such an establishment are in a separate room surrounded by finished, permanent walls. Consumption of alcoholic liquor, beer, or wine in this separate room is prohibited and is grounds for revocation of the license issued the establishment under Articles 19 and 20 of this chapter and its license or permit issued under Title 61.
(D) No owner, operator, or marketer may be issued a permit by the commission department for machines pursuant to Section 12-21-2720(A)(3) unless the owner, operator, or marketer has been a resident of the State for two years. The commission department shall require a statement of residency to be filed with the commission department as part of the application process for permits issued under Section 12-21-2720(A)(3) on forms and in a manner the commission
(E) It is unlawful to operate machines licensed under Section 12-21-2720(A)(3) between the hours of midnight Saturday night and six o'clock a.m. Monday morning two o'clock a.m. and six o'clock a.m. and between two o'clock a.m. Sunday and six o'clock a.m. Monday.
(F) A person violating subsections subsection (A), (B), (C), (D), or (E), or (H) of this section is subject to a fine of up to five thousand dollars to be imposed by the commission department for each violation. The commission, upon a determination that the violation is wilful, may refer the violation to the Attorney General or to the appropriate circuit solicitor for criminal prosecution, and, upon conviction, the person must be fined not more than ten thousand dollars or imprisoned not more than two years, or both. The commission department shall also revoke the any licenses of any person issued pursuant to the provisions of Article 19 of this chapter for a violation of subsection (C) of this section. Revocation is pursuant to the procedures set forth in Section 12-54-90.
(G)(1) In addition to any other penalties provided by law, the department, for a violation of Section 12-21-2808(E) or Section 12-21-2809, may:
(a) impose a civil penalty in an amount not to exceed five thousand dollars on the owner of the machine, or the person who obtained, or was required to obtain, the retail sales tax license for the place or premises pursuant to Section 12-21-2703, or both; and
(b) revoke the license of the machine giving rise to the violation and any other machine licensed to the same holder in any county where such machines are prohibited pursuant to Section 12-21-2809; and
(c) seize the offending machine and dispose of it as contraband.
(2) The penalties authorized by this subsection are effective immediately upon imposition and may not be stayed by any administrative or judicial action. The sole remedy available under this subsection is a hearing before the Administrative Law Judge Division on the question of the legality of the machine under Section 12-21-2809 and the reasonableness of the penalties imposed. Further appeals are as provided in Section 12-60-3380.
(H)(1) Except as provided in item (2) of this subsection, machines must not be operated, or continue to operate, at any casino, casino-style
(2) All establishments which conducted business as a casino or otherwise within a structure which before March 15, 1999, contained more than one single place or premise in accordance with Regulation 117-190 must:
(a) on or before September 1, 1999, conduct business as a single operation and be licensed as a single licensed establishment to maintain on the premises more than five licensed machines;
(b) advise the department of the machine and establishment licenses currently issued for the structure, and return the establishment licenses to the department at the time the new license for the single licensed establishment is approved by the department and issued;
(c) once licensed as a single establishment, never have licenses for any number of machines greater than the total number of machines licensed in the structure as of March 15, 1999, as provided in the statement required in subitem (d);
(d) never increase the number of machines permitted by this subsection after any reduction in the number of machines at the licensed establishment. However a reduction, as that term is used herein, does not include the routine removal and replacement of machines for maintenance, repair, service, or similar purpose;
(e) not allow the operation of an automated teller machine or similar machine that dispenses money on the premises of the licensed establishment; and
(f) on or before August 1, 1999, file with the department a sworn statement stating the reasons why it is entitled to the benefits conferred by this subsection and the number of existing machine licenses.
(3) Any person claiming the provisions of item (2) of this subsection has the burden of proof and must establish by clear and convincing evidence that he is entitled to operate the structure as a single licensed establishment with more than five licensed machines.
(4)(a) No entity or entities of whatever description or kind which, before March 15, 1999, conducted business as a casino or otherwise through and by a combination, confederation, or aggregation of 'single place or premises' as that term before March 15, 1999, was interpreted and applied by the Department of Revenue in regulation may operate or continue to operate except as provided in this subsection.
(b) After September 1, 1999, entities as described in this subsection are permitted to re-apply for, and may be granted renewal of a license for a maximum of one biennial licensure period under the provisions of this subsection. After completing that period, a new license must not be issued under this subsection."
I. The 1976 Code is amended by adding:
"Section 12-21-2805. (A)(1) The State Law Enforcement Division shall conduct background investigations on those persons associated with the operation of machines licensed pursuant to Section 12-21-2720(A)(3) and the licenses required pursuant to Section 12-21-2784. A background investigation is defined as a security, criminal, and credit investigation of a person associated with the operation of these machines or a principal connected to that business. The division shall conduct the investigations and inspections it considers necessary to fulfill its responsibilities under this section.
(2) The division shall:
(a) promptly and in a reasonable order, investigate all applications, enforce the provisions of Articles 19 and 20 of this chapter, and provide to the department all information to allow the department to issue or deny the license;
(b) provide the department with all information necessary for all actions under Articles 19 and 20 this chapter and for all proceedings involving enforcement of the provisions of Articles 19 and 20 of this chapter or any regulations;
(c) investigate violations under Articles 19 and 20 of this chapter and any regulations;
(d) conduct continuing review of machine operations through on-site observation and other reasonable means, to assure compliance with Articles 19 and 20 of this chapter;
(e) receive and take appropriate action on any referral from any law enforcement agency or the department relating to any evidence of a violation of Articles 19 and 20 of this chapter and regulations;
(f) exchange fingerprint data with, and receive criminal history information from, the Federal Bureau of Investigation or other law enforcement agencies;
(g) have the authority to request and receive information, materials, and any other data from any person; and
(h) report to the department any recommendations that promote more efficient operations of the division or the department.
(3) In connection with the responsibilities under Articles 19 and 20 of this chapter, the division or the department and their employees and agents may:
(a) inspect and examine all establishments where machines are operated;
(b) inspect and examine where machines or equipment are manufactured, sold, distributed, or serviced;
(c) inspect all equipment and supplies in, about, upon, or around the establishment;
(d) seize and remove from such establishments and impound any machines, equipment, or supplies for the purposes of examination and inspection;
(e) inspect, examine, and audit all records pertaining to an applicant's operation;
(f) seize, impound or assume physical control of any book, record, ledger, machine, and boxes and their contents.
(4) The division may obtain warrants for the inspection and seizure of any property possessed, controlled, or otherwise held by any applicant or principal.
(5) The division may inspect any applicant or licensee for compliance with the provisions of Articles 19 and 20 of this chapter and regulations and to investigate any violations.
(B)(1) Investigations must be conducted on manufacturers, distributors, establishment owners, machine owners, machine operators, and their principals.
(2) As a condition of receiving a license under the provisions of Articles 19 and 20 of this chapter, each applicant and principal shall agree that the division and the department have unrestricted access and the right to inspect any premises under the control of the applicant or principal in which occurs any activity related to the provisions of Articles 19 and 20 of this chapter.
(3) Each applicant and principal, by signature of his application, grants the division the authority to access state, national, and international information for validation of information contained on the
(4) Each applicant and principal shall cooperate with the division and the department in the performance of their duties.
(5) Each applicant with submission of an application shall submit a valid fingerprint card for every principal or others affiliated with the operation of the licensed business.
(C)(1) The department shall deny a license if a background investigation of any applicant or principal of an applicant reveals any of the following:
(a) a conviction within fifteen years before the date of the application in any jurisdiction for any of the following offenses:
(i) any offense punishable by imprisonment for two or more years;
(ii) any gambling offense;
(iii) theft or any crime involving false statements or declarations.
(b) a determination of liability for, or an agreement that he was liable for, a civil judgment based in whole or in part upon conduct described above;
(c) omission of any material facts to the division or the department during initial or subsequent background investigations or a misstatement, or untrue statements, of material facts with respect to such investigation;
(d) association with persons or businesses of known criminal background, or persons of disreputable character, that may adversely affect the general credibility, security, integrity, honesty, fairness, or reputation of the State or to the effective regulation of video poker;
(e) failure to cooperate with any legislative investigative committees or other officially constituted body acting on behalf of the United States or any state, county, or municipality which seeks to investigate crimes related to gambling, corruption of public officials, or any organized criminal activities;
(f) that the applicant owes any federal or state delinquent taxes, penalties, or interest.
(2) The department or division may require any person to appear and testify before the department's or division's agents with regard to any manner within their jurisdiction. This testimony must be under oath and may embrace any matters which the department or the
(D)(1) Each applicant shall bear all risks of unintentional adverse public notice, embarrassment, criticism, damages, or financial loss which may result from any disclosure or publication of any material or information obtained by the department or division pursuant to action on an application.
(2) Distributors, principals, machine owners, machine operators, and technicians, and any other persons the division or the department considers necessary have an affirmative duty to maintain on file with the department and the division current and correct disclosure of all principals and all material facts required for licensure.
(E)(1) The applicant for a license shall provide detailed information regarding:
(a) the ownership and management, including information on all principals;
(b) a detailed history and explanation of gambling activities and licenses in other jurisdictions of the applicant and all principals;
(c) federal registration with respect to gambling devices; and
(d) any other information considered necessary by the department for the proper administration and enforcement of Articles 19 and 20 of this chapter.
(2) The department and the division are authorized to develop applications and other forms.
(3) The forms must require the applicant to disclose any present or previous experience or involvement with machines as a manufacturer, distributor, machine owner, machine operator, technicians, or employees. Present or previous experience or involvement includes the control of gambling devices as a machine owner or machine operator; employment with the machine owner or machine operator gambling devices; employment in establishments where gambling is offered to the public; and conviction of violation of federal, state, or local gaming laws in any jurisdiction.
(4) The applicant shall submit proof with the application that he does not owe any federal or state delinquent taxes, penalties, or interest.
(5) As a condition of receiving a license under the provisions of Articles 19 and 20 of this chapter, each licensee shall agree that the division, the department, and their agents and employees, shall have unrestricted access and the right to inspect any premises under the control of the licensee in which any activity relating to the provisions of Articles 19 and 20 of this chapter is conducted.
(F)(1) The applicant shall provide the local governing authority information related to the application for any license issued under Articles 19 and 20 of this chapter.
(2) Each applicant shall immediately make available for inspection, by any department or division employee, all records and the establishments where machines are placed or operated, or where machines, devices, or equipment are manufactured, sold, serviced, or distributed.
(G)(1) The applicant shall file a duplicate application with the department. The department shall forward one of the applications to the division. No time limit is imposed on the division for completion of its investigation. The division shall return the background investigation to the department.
(2) The department shall determine whether the applicant owes any delinquent taxes, fines, penalties, or interest.
(3) The department may not issue any license until the background investigations are concluded. The department shall make affirmative determination that the applicant is qualified and the applicable license or associated fees have been paid before issuing any license.
(4) The department or division shall notify the applicant by mail if an application is incomplete. The notification must be sent to the address on the application. The notification must state the deficiencies in the application. If after the second notice of an incomplete application the applicant has not responded, the department shall consider the application withdrawn."
J. Section 61-4-580(3) of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"(3) permit gambling or games of chance not authorized by Article 20, Chapter 21 of Title 12;"
K. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act for any reason is held to be unconstitutional or invalid, the holding does not affect the constitutionality or validity of the remaining portions of this act, the General Assembly declaring that it would have passed this act, and
L. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
M. This section takes effect July 1, 1999, or as otherwise stated. Machines licensed for a period ending May 31, 2001, continue to be valid until the expiration of their term. /
Renumber sections to conform.
Amend title to conform.
Senator HAYES argued in favor of the adoption of the amendment and Senator LAND argued contra.
Senator HAYES asked unanimous consent to make a motion to amend Amendment No. P-8.
Senator LAND objected.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Cork Courson Courtney Elliott Ford Glover
Holland Hutto Land Leventis Matthews McConnell McGill Mescher Moore O'Dell Passailaigue * Patterson Peeler Ravenel Reese Saleeby Setzler Short Washington
Anderson Bryan Drummond Fair Giese Gregory Grooms Hayes Jackson Leatherman Martin Rankin Russell * Ryberg Smith, J. Verne Thomas Waldrep Wilson
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The amendment was laid on the table.
I fully support the taxation and regulation of video poker. However, I voted against this amendment (Amendment No. P-8) primarily because it does not allow the voters of the State to vote once and for all on the issue of whether South Carolina should allow video poker. During the 1998 campaign, Governor Hodges pledged to submit the issue of video poker to the voters, and I agree with that position. Earlier this year, the Senate passed a Bill that provides for a referendum in the year 2000.
Furthermore, this amendment represents a position that, if adopted, would only serve to engender further filibuster and gridlock. I will continue to seek a reasonable and fair compromise that will regulate and tax this industry.
I voted "nay" on both the LAND and the HAYES amendments. I did so because I believe neither have all the elements of reasonable and appropriate taxation and regulation. In particular, the LAND amendment would have changed the nature of gaming in South Carolina by setting a $10 limit on individual bets but eliminating any limit on payoff. This, among other things, rendered the LAND amendment unacceptable to me. The HAYES amendment seems to tax establishments without regard to any other reason than to punish. It is not the state's business to punish permitted businesses.
I believe any agreement this Senate presents to the people of South Carolina must include a referendum in 2000 for the people to speak finally on this issue. In addition, between now and the referendum, reasonable and enforceable regulation must include some limit on the size of jackpots that is enforceable. The proposal must also include full taxation of the industry. Also, there must be a phase-out of the locations that have more than five machines. This development is clearly in direct contradiction to the laws passed by this legislature over the past few years.
We have voted against both the amendment proposed by Senators PASSAILAIGUE, LAND and McCONNELL (P-1) and the amendment proposed by Senator HAYES and others (Amendment No. P-8). Because of the positions presented by each of these proposals, the passage of either one would, without question, generate a further and more vigorous filibuster, leading to continued gridlock and a certain failure to address the questions of proper and comprehensive regulation of video poker and giving the public the right to vote on keeping or banning this enterprise.
As the Senate was considering these proposals, the House, for the second time this session, has voted NOT to ban video poker. We must seek a reasonable, fair, tough and responsible answer to the questions before us -- we must reach a compromise. We believe that our vote on these amendments is the first and most important step in this direction.
Senator RYBERG argued contra to the Bill.
At 2:06 P.M., Senator BRANTON asked unanimous consent to make a motion, with Senator RYBERG retaining the floor, that the Senate stand in recess for fifteen minutes.
Senator SETZLER objected.
Senator RYBERG argued contra to the Bill.
At 2:26 P.M., Senator DRUMMOND assumed the Chair.
Senator RYBERG argued contra to the Bill.
At 2:34 P.M., Senator SETZLER assumed the Chair.
Senator RYBERG argued contra to the Bill.
At 3:13 P.M., with Senator RYBERG retaining the floor, on motion of Senator LAND, with unanimous consent, the Senate receded from business not to exceed fifteen minutes.
At 3:25 P.M., the Senate resumed.
Senator RYBERG argued contra to the Bill.
At 3:34 P.M., with Senator RYBERG retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed thirty minutes.
At 4:04 P.M., the Senate resumed.
At 4:04 P.M., the PRESIDENT assumed the Chair.
At 4:04 P.M., with Senator RYBERG retaining the floor, on motion of Senator SHORT, with unanimous consent, the Senate receded from business until 4:20 P.M.
At 4:25 P.M., the Senate resumed.
At 4:25 P.M., with Senator MARTIN retaining the floor, on motion of Senator SHORT, with unanimous consent, the Senate receded from business until 4:45 P.M.
At 4:49 P.M., the Senate resumed.
At 4:50 P.M., Senator MARTIN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MARTIN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Bauer Bryan Cork Courson Courtney Fair Ford Giese Gregory Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ryberg Setzler Short Smith, J. Verne Thomas Waldrep Washington
A quorum being present, the Senate resumed.
Senator RYBERG argued contra to the Bill.
At 5:00 P.M., on motion of Senator SETZLER, the Senate receded from business until 5:15 P.M.
At 5:15 P.M., the Senate resumed.
Senator LAND spoke on the Bill.
Senator LAND asked unanimous consent to take up for immediate consideration the compromise amendment proposed by Senator MOORE.
Senator HAYES objected.
On motion of Senator LAND, debate was interrupted by adjournment.
On motion of Senator PEELER, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable Newton Charles Taylor of Gaffney, S.C., former member of the South Carolina House of Representatives from Cherokee County, colleague, friend and beloved uncle of Senate staff member Malissa Ambrose.
Senator DRUMMOND moved that, when the Senate adjourns on Friday, April 23, 1999, it stand adjourned to meet next Tuesday, May 4, 1999, at 12:00 Noon, which motion was adopted.
At 5:22 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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