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 ACTING PRESIDENT, Senator DRUMMOND. (This is a special Statewide Session day established under the provisions of Senate Rule 1B. Members not having scheduled committee or subcommittee meetings may be in their home district without effect on their session attendance record.)
A quorum being present, the proceedings were opened with a devotion by Senator J. VERNE SMITH.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received:
Document No. 1713
Agency: Department of Education
SUBJECT: Parent-Oriented Education Programs
Received by Lieutenant Governor January 20, 1994
Referred to Education Committee
Legislative Review Expiration March 6, 1999
January 12, 1999 House Committee Requested Withdrawal
120 Day Period Tolled
January 26, 1999 Withdrawn and Resubmitted
Senator PASSAIALIGUE introduced Dr. Patrick Kelly of Charleston, S.C., Doctor of the Day.
On motion of Senator MATTHEWS, at 11:35 A.M., Senator PATTERSON was granted a leave of absence for the balance of the day.
S. 289 (Word version) -- Senators Holland and Elliott: A BILL TO AMEND SECTION 56-10-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF AN UNINSURED VEHICLE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-10-260, AS AMENDED, RELATING TO A FALSE CERTIFICATE OR FALSE EVIDENCE OF INSURANCE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-1-170, RELATING TO THE PENALITIES FOR VIOLATION OF A DRIVER'S LICENSE RESTRICTION IMPOSED DUE TO THE DRIVER'S LIMITED ABILITY, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-1-740, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR NON-RESIDENT'S PRIVILEGE TO DRIVE AFTER AN ACCUMULATION OF EXCESSIVE POINTS, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-9-430, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR PRIVILEGE AND REGISTRATION FOR THE NONPAYMENT OF A JUDGMENT, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-1-320, AS AMENDED, RELATING TO THE SUSPENSION OR REVOCATION OF A RESIDENT'S LICENSE OR NONRESIDENT'S DRIVING PRIVILEGE UPON CONVICTION IN ANOTHER STATE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE IF PERMITTED BY THE APPLICABLE LAW IN SOUTH CAROLINA; TO AMEND SECTION 56-5-2910, AS AMENDED, RELATING TO THE PENALTIES FOR RECKLESS HOMICIDE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE.
Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
Senator HOLLAND asked unanimous consent to commit the Bill to the Committee on Judiciary.
There was no objection.
The Bill was committed to the Committee on Judiciary.
The following were introduced:
S. 409 (Word version) -- Senators Leatherman and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-43-255 SO AS TO ESTABLISH THE LISTED "PEE DEE PROJECTS" OF HIGHWAY CONSTRUCTION AND IMPROVEMENT AS "QUALIFIED PROJECTS" FOR PURPOSES OF THE FINANCIAL ASSISTANCE OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, TO PROVIDE FOR THE WIDENING AND IMPROVEMENT OF BRIDGES ON INTERSTATE 95 IN THIS STATE AND FOR THE IMPOSITION OF TOLLS ON VEHICLES TRAVERSING I-95 TO DEFRAY THE COSTS OF THE BRIDGE IMPROVEMENTS AND THE PEE DEE PROJECTS, AND TO PROVIDE AN ANNUAL PASS FOR SOUTH CAROLINA RESIDENTS AT A FEE OF THIRTY DOLLARS THAT EXEMPTS THEM FROM THESE TOLLS; TO AMEND SECTION 57-3-615, AS AMENDED, RELATING TO THE USE OF TOLLS TO FINANCE HIGHWAY PROJECTS, SO AS TO AUTHORIZE TOLLS ADDITIONALLY TO BE USED TO FINANCE THE PEE DEE PROJECTS, AND TO PROVIDE THAT THIS ACT CONFORMS TO THE REQUIREMENTS OF SECTION 57-3-615 WITH RESPECT TO THE IMPOSITION OF TOLLS ON FEDERAL INTERSTATE HIGHWAYS.
Read the first time and referred to the Committee on Finance.
S. 410 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS OF CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE WITHIN THE DEFINITION AN INDIVIDUAL WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE OR A BALLOT MEASURE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIFTY THOUSAND DOLLARS OR MORE DURING AN ELECTION CYCLE.
Read the first time and referred to the Committee on Judiciary.
S. 411 (Word version) -- Senators Hayes and Giese: A BILL TO AMEND SECTION 27-40-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, TENANT REMEDIES AND NONCOMPLIANCE BY A LANDLORD, SO AS TO PROVIDE THAT THE TENANT SHALL DELIVER WRITTEN NOTICE TO THE LANDLORD OF THE ACTS OR OMISSIONS CONSTITUTING NONCOMPLIANCE; TO AMEND SECTION 27-40-630, RELATING TO A LANDLORD'S WRONGFUL FAILURE TO PROVIDE ESSENTIAL SERVICES, SO AS TO REQUIRE THE TENANT TO GIVE WRITTEN NOTICE TO THE LANDLORD SPECIFYING THE BREACH AND PROVIDE THAT THE RIGHTS OF THE TENANT DO NOT ARISE UNTIL HE HAS GIVEN THE LANDLORD WRITTEN NOTICE; TO AMEND SECTION 27-40-640, RELATING TO A LANDLORD'S NONCOMPLIANCE AS A TENANT'S DEFENSE IN A LANDLORD'S ACTION FOR POSSESSION OR RENT, SO AS TO REQUIRE THE TENANT TO PROVIDE WRITTEN NOTICE OF HIS REQUEST FOR A HEARING AND THE DEFENSE OR COUNTERCLAIM TO THE LANDLORD AND THE COURT WITHIN TEN DAYS OF SERVICE OF THE ORDER AND RULE TO SHOW CAUSE AND PROVIDE THAT THE TENANT WAIVES VIOLATION OF THE LANDLORD'S DUTY WHERE THE TENANT DOES NOT PROVIDE WRITTEN NOTICE IN TIMELY FASHION OF THE VIOLATION IN CASES OF VIOLATION OF OTHER THAN ESSENTIAL SERVICES; AND TO AMEND SECTION 27-40-790, AS AMENDED, RELATING TO THE PAYMENT OF RENT TO COURT, SO AS TO REQUIRE THE TENANT TO PROVIDE WRITTEN NOTICE OF HIS REQUEST FOR A HEARING AND DEFENSE OR COUNTERCLAIMS TO THE LANDLORD AND THE COURT WITHIN TEN DAYS OF SERVICE OF THE ORDER AND RULE TO SHOW CAUSE.
Read the first time and referred to the Committee on Judiciary.
S. 412 (Word version) -- Senators Glover, Saleeby, Land, McGill and Leatherman: A JOINT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE CHURCH STREET BRIDGE BETWEEN WEST DARLINGTON STREET AND EAST CHEVES STREET IN FLORENCE, SOUTH CAROLINA, IN HONOR OF DR. MARTIN LUTHER KING, JR. AND TO ERECT APPROPRIATE MARKERS OR SIGNS.
The Joint Resolution was read the first time and, on motion of Senator GLOVER, with unanimous consent, ordered placed on the Calendar without reference.
S. 413 (Word version) -- Senators Holland, Elliott, Saleeby, Peeler and Giese: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE NEW WATEREE RIVER BRIDGE LOCATED ON UNITED STATES HIGHWAYS 1 AND 601 BETWEEN CAMDEN AND LUGOFF IN HONOR OF COMMISSIONER BOBBY T. JONES
The Concurrent Resolution was adopted, ordered sent to the House.
S. 414 (Word version) -- Senator Leatherman: A SENATE RESOLUTION TO COMMEND HAROLD WATSON GOWDY, JR., M.D., OF FLORENCE, ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED PHYSICIANS, FOR THIRTY-FIVE YEARS OF SERVICE TO HIS STATE, THE NATION, AND HIS FELLOW MAN IN THE FIELD OF MEDICINE AND PUBLIC HEALTH AND, ESPECIALLY REMEMBERING HIS STEADFAST DEVOTION TO IMPROVING THE HEALTH AND QUALITY OF LIFE FOR SOUTH CAROLINA'S INFANTS, YOUNG CHILDREN, AND TEENAGERS, TO CONGRATULATE AND THANK HIM FOR A "JOB WELL DONE" ON THE OCCASION OF HIS RETIREMENT, AND TO WISH HIM AND HIS FAMILY THE VERY BEST OF HEALTH AND HAPPINESS IN THE YEARS TO COME.
The Senate Resolution was adopted.
S. 415 (Word version) -- Senators Land, Hutto, O'Dell, Hayes and Giese: A BILL TO AMEND SECTION 56-5-6520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY USE OF SEAT BELTS, SO AS TO CONFORM THIS PROVISION WITH THE CHILD RESTRAINT PROVISIONS OF ARTICLE 47; TO AMEND SECTION 56-5-6530, RELATING TO EXEMPTIONS FROM SEAT BELT USE, SO AS TO DELETE AN UNNECESSARY PROVISION; AND TO AMEND SECTION 56-5-6540, RELATING TO SEAT BELT USE, SO AS TO AUTHORIZE PRIMARY ENFORCEMENT OF THE REQUIREMENT TO WEAR SEAT BELTS AND TO INCREASE THE FINE FOR FAILURE TO WEAR A SEAT BELT AND TO IMPOSE A FINE ON THE DRIVER OF A MOTOR VEHICLE IF AN OCCUPANT OF THE VEHICLE UNDER THE AGE OF EIGHTEEN IS NOT WEARING A SEAT BELT.
Read the first time and referred to the Committee on Transportation.
H. 3347 (Word version) -- Reps. Kelley, Keegan, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Boan, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Spearman, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND DONALD D. LEONARD OF MYRTLE BEACH FOR HIS OUTSTANDING SERVICE AS CHAIRMAN OF THE COUNCIL OF MYRTLE BEACH AREA ORGANIZATIONS AND CONGRATULATE HIM FOR HIS LEADERSHIP, PERSONAL ACCOMPLISHMENTS, AND THE MANY SUCCESSES OF THE COUNCIL OF MYRTLE BEACH AREA ORGANIZATIONS THAT BENEFIT THE MEMBER ORGANIZATIONS AND THOSE ENGAGED IN THE ENTERTAINMENT, HOSPITALITY, AND TOURISM INDUSTRY IN THE MYRTLE BEACH AREA DURING HIS THREE YEARS AS CHAIRMAN.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3348 (Word version) -- Rep. Limehouse: A CONCURRENT RESOLUTION COMMENDING AND THANKING MR. H. B. "BUCK" LIMEHOUSE, JR., OF CHARLESTON COUNTY FOR HIS EXEMPLARY SERVICE TO THE PEOPLE OF THIS GREAT STATE AS MEMBER AND CHAIRMAN OF THE DEPARTMENT OF TRANSPORTATION COMMISSION AND IN NUMEROUS OTHER CAPACITIES.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3355 (Word version) -- Reps. Delleney, D. Smith and Canty: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 10, 1999, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1999; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1999; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRED JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 7, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 11, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRED JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2001; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, CHIEF JUDGE, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1999.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
S. 23 (Word version) -- Senators Leventis, Hayes, Ryberg, Giese, Wilson and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE MILITARY SELECTIVE SERVICE REGISTRATION AWARENESS AND COMPLIANCE ACT BY ADDING SECTION 1-1-560 SO AS TO PROHIBIT AN INDIVIDUAL FROM OBTAINING EMPLOYMENT WITH THE STATE OR A POLITICAL SUBDIVISION OF THE STATE UNLESS THE PERSON HAS COMPLIED WITH THIS ACT; AND BY ADDING SECTION 59-101-375 SO AS TO PROHIBIT AN INDIVIDUAL FROM ENROLLING IN OR RECEIVING FINANCIAL ASSISTANCE TO ATTEND A STATE-SUPPORTED INSTITUTION OF POSTSECONDARY HIGHER EDUCATION UNLESS THE PERSON HAS COMPLIED WITH THIS ACT AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:
S. 150 (Word version) -- Senators Wilson, Elliott, Leventis, Branton, Hayes and Reese: A BILL TO AMEND SECTION 56-3-1815, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S AUTHORITY TO ISSUE SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ALSO ISSUE A SPECIAL LICENSE PLATE TO A MEMBER OF THE SOUTH CAROLINA STATE GUARD; TO AMEND SECTION 56-3-1820, AS AMENDED, RELATING TO THE DESIGN OF, FEE FOR, AND DURATION OF THE NATIONAL GUARD SPECIAL LICENSE PLATE AND THE DENOTATION OF A RETIRED NATIONAL GUARD MEMBER'S STATUS ON THE LICENSE PLATE, SO AS TO PROVIDE THAT THE SPECIAL LICENSE PLATE MAY HAVE NATIONAL GUARD OR STATE GUARD ALSO PRINTED ON IT WITH NUMBERS, OR LETTERS, OR BOTH, AND TO DELETE THE REQUIREMENT THAT A RETIRED NATIONAL GUARD MEMBER'S RETIRED STATUS MUST BE DENOTED ON THE SPECIAL LICENSE PLATE; TO AMEND SECTION 56-3-1830, RELATING TO THE TRANSFER OF A NATIONAL GUARD SPECIAL LICENSE PLATE TO ANOTHER VEHICLE, ITS DISPLAY ON AN UNAUTHORIZED VEHICLE, AND ITS RETURN TO THE DEPARTMENT OF PUBLIC SAFETY ONCE THE HOLDER CEASES TO BE A MEMBER OF THE NATIONAL GUARD, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO A STATE GUARD SPECIAL LICENSE PLATE; AND TO REPEAL SECTIONS 56-3-4710, 56-3-4720, 56-3-4730, AND 56-3-4740 RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE SOUTH CAROLINA STATE GUARD.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable report on:
S. 245 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 7-17-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RECOUNTS IN PRIMARIES AND GENERAL ELECTIONS, SO AS TO PROVIDE THAT THE CANVASSING AGENCY MAY GIVE PRIORITY IN THE RECOUNT TO SPECIFIC PRECINCTS IF ONE OF THE AFFECTED CANDIDATES FOR REASONABLE CAUSE REQUESTS IT.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
S. 294 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION SHALL SUBMIT RECOMMENDATIONS CONCERNING FOSTER CARE POLICIES, PROCEDURES, AND DEFICIENCIES OF AGENCIES TO THE GOVERNOR AS WELL AS TO THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
S. 322 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD CHESTERFIELD COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD CHESTERFIELD COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
S. 332 (Word version) -- Senator Jackson: A BILL TO RATIFY AN AMENDMENT TO SECTION 33, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MARRIAGES OF WHITES AND NEGROES AND THE AGE OF CONSENT FOR AN UNMARRIED WOMAN, SO AS TO DELETE THE PROVISION MAKING A MARRIAGE BETWEEN A WHITE AND NEGRO OR MULATTO UNLAWFUL.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable report on:
S. 352 (Word version) -- Senator Moore: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A LEGAL RESIDENT OF THE DISTRICT IN WHICH HE IS A CANDIDATE AT THE TIME HE FILES FOR THE OFFICE.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Joint Resolution was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3264 (Word version) -- Reps. Young-Brickell, Chellis, Harrell, Bailey and Cobb-Hunter: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY STUDENTS OF THE SUMMERVILLE SCHOOL DISTRICT OR DORCHESTER COUNTY SCHOOL DISTRICT 2 IN DORCHESTER COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS OR DUE TO THEIR SCHOOLS BEING USED AS EVACUATION LOCATIONS DURING HURRICANE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 60 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT MARTIN LUTHER KING'S BIRTHDAY AND CONFEDERATE MEMORIAL DAY SHALL BE REGULAR, RATHER THAN OPTIONAL, HOLIDAYS; TO DELETE REFERENCES TO ROBERT E. LEE'S BIRTHDAY AND JEFFERSON DAVIS' BIRTHDAY AS HOLIDAYS; AND TO MAKE GENERAL ELECTION DAY AN OPTIONAL, RATHER THAN REGULAR, HOLIDAY.
S. 127 (Word version) -- Senator Passailaigue: A BILL TO AMEND SECTION 61-4-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL RETAIL BEER AND WINE PERMITS, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES; AND TO AMEND SECTION 61-6-2010 OF THE 1976 CODE, RELATING TO TEMPORARY PERMITS FOR SUNDAY LIQUOR SALES, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES.
S. 21 (Word version) -- Senators Leventis, Branton, McConnell, Rankin and Reese: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES FELONIES AND ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE TRIED IN MUNICIPAL COURT.
S. 27 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY A LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT IF THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE, AND PROVIDE FOR PENALTIES, EXCEPTIONS, AND RELATED MATTERS.
S. 44 (Word version) -- Senators Jackson, Elliott, Wilson, Washington and Reese: A BILL TO AMEND ARTICLE 3, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMINAL INFORMATION AND COMMUNICATION SYSTEM, BY ADDING SECTION 23-3-115, SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL CHARGE A FEE NOT TO EXCEED FIVE DOLLARS FOR A CRIMINAL RECORD SEARCH CONDUCTED PURSUANT TO THIS ARTICLE AND RELATED REGULATIONS CONTAINED IN SUBARTICLE 1, ARTICLE 3, CHAPTER 73 OF THE CODE OF REGULATIONS, IF THE CRIMINAL RECORD SEARCH IS CONDUCTED FOR A CHARITABLE ORGANIZATION OR FOR THE USE OF A CHARITABLE ORGANIZATION.
Senator JACKSON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators JACKSON, GIESE and WILSON proposed the following amendment (44R002.DJ), which was adopted:
Amend the title, page 1, line 16 by striking the word / FIVE / and inserting in lieu thereof the word / EIGHT /
Amend the bill, as and if amended, page 1, line 34, by striking the word / five / and inserting in lieu thereof the word / eight /
Renumber sections to conform.
Amend title to conform.
Senator GIESE 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. 399 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Hayes, Reese, Jackson, Passailaigue and Saleeby: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC NOTICES AND PUBLIC HEARINGS FOR CERTAIN RATE INCREASES IN INSURANCE LINES SO AS TO FURTHER PROVIDE FOR THESE NOTICES AND HEARINGS AND REVISE AND CLARIFY THE PUBLIC HEARING AND PUBLIC NOTICE REQUIREMENTS FOR AUTOMOBILE INSURANCE RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 WHICH REVISED THE LAWS OF THIS STATE PERTAINING TO AUTOMOBILE INSURANCE; TO EXPRESS THE INTENT OF THE GENERAL ASSEMBLY THAT SPECIFIED PROVISIONS OF ACT 154 OF 1997 APPLY TO RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 REGARDLESS OF WHETHER SUCH PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE FILINGS ARE FILED WITH THE DEPARTMENT OF INSURANCE PRIOR TO MARCH 1, 1999, AND TO FURTHER PROVIDE FOR THE APPLICABILITY OF SPECIFIED PROVISIONS OF ACT 154 OF 1997.
Senator McCONNELL explained the Bill.
On motion of Senator MOORE, with unanimous consent, the Bill was given a second reading with notice of general amendments on third.
At 11:35 A.M., Senator COURTNEY assumed the Chair.
The following Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:
S. 407 (Word version) -- Senator Fair: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF DECEMBER 18, 1998, MISSED BY STUDENTS OF BUENA VISTA ELEMENTARY IN THE SCHOOL DISTRICT OF GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO AIR QUALITY PROBLEMS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 3289 (Word version) -- Reps. Phillips, McCraw and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 4, 5, AND 6, 1999, BY THE STUDENTS OF THE CHEROKEE COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE AND WEATHER CONDITIONS AND A LACK OF ELECTRICITY ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Senator PEELER, with unanimous consent, H. 3289 was ordered to receive a third reading on Thursday, January 28, 1999.
S. 118 (Word version) -- Senators Mescher and Reese: A BILL TO AMEND SECTION 47-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF WILD CARNIVORES AS PETS, SO AS TO DELETE THE REFERENCE TO FERRETS, EXEMPT THEM FROM THE PROHIBITION, AND TO PROVIDE FOR NOTICES THAT FERRETS HAVE A PROPENSITY TO MAKE UNPROVOKED ATTACKS THAT CAUSE BODILY INJURY TO A HUMAN BEING.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The Committee on Agriculture and Natural Resources proposed the following amendment (118R001.PPL), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 36-40 and inserting in lieu thereof the following:
/ This section does not apply to domesticated ferrets. However, no ferret may be sold in this State without proper and current vaccination against rabies. Evidence of rabies vaccination is a certificate signed by a licensed veterinarian. A person who purchases or possesses a domesticated ferret shall maintain proper vaccination treatment for it annually.
(B) Purchasers of a domesticated ferret must be provided with a notice not /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the committee amendment and the Bill.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 339 (Word version) -- Education Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PRINCIPAL EVALUATION PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1984, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator LEATHERMAN, the Joint Resolution was carried over.
S. 340 (Word version) -- Education Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICY DEVELOPMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1981, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator LEATHERMAN, the Joint Resolution was carried over.
S. 341 (Word version) -- Education Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CREATING MORE EFFECTIVE PARTNERSHIPS AMONG THE SCHOOLS, PARENTS, COMMUNITY, AND BUSINESS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2032, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator LEATHERMAN, the Joint Resolution was carried over.
S. 381 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO HONOR THE GROWING SUCCESS AND WORTHWHILE EFFORTS OF AN OUTSTANDING MUSEUM IN MYRTLE BEACH BY RECOGNIZING IT AS THE CHILDREN'S MUSEUM OF SOUTH CAROLINA.
On motion of Senator MOORE, the Concurrent Resolution was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 1 (Word version) -- Senators Passailaigue, McConnell, Ford, O'Dell, Elliott, Branton, Hutto and Glover: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE THAT THE NET REVENUE DERIVED FROM THE LOTTERIES BE USED SOLELY TO SUPPORT IMPROVEMENTS AND ENHANCEMENTS TO EDUCATION PURPOSES AND PROGRAMS AS PROVIDED FOR BY THE GENERAL ASSEMBLY.
The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of the amendment proposed by the Committee on Finance.
At 11:45 A.M., the PRESIDENT assumed the Chair.
Senator PASSAILAIGUE argued in favor of the Joint Resolution.
At 12:15 P.M., Senator MARTIN assumed the Chair.
Senator PASSAILAIGUE continued arguing in favor of the Joint Resolution.
At 12:19 P.M., the PRESIDENT assumed the Chair.
Senator PASSAILAIGUE continued arguing in favor of the Joint Resolution.
Senator MOORE asked unanimous consent to make a motion that the Joint Resolution be given a second reading with notice of general amendments, carrying over all amendments to third reading.
Senator HAYES objected.
Senator PASSAILAIGUE proposed the following Amendment No. A-2 (1R02A.ELP), which was adopted:
Amend the committee amendment, as and if amended, by striking the amendment in its entirety and inserting in lieu thereof the following:
/ SECTION 1. It is proposed that Section 7, Article XVII of the Constitution of this State be amended to read:
"Section 7. No Except when conducted by the State, no lottery shall ever be is allowed or may be advertised by newspapers, or otherwise, or its tickets be sold in this State. Only the State may conduct lotteries as provided for by the General Assembly.
The proceeds derived from the lottery conducted by the State must first be used to pay the operating expenses of the lottery, including all prizes, provided that the General Assembly shall not be required to appropriate any funds for the payment of operating expenses and prizes. The net lottery proceeds remaining after the payment of operating expenses and prizes must be paid into a Lottery for Education Account, which is separate and distinct from the general fund of the State, with earnings on it remaining a part of the account. The Lottery for Education Account must be used to support improvements and enhancements for educational programs and purposes, and these account proceeds must be used to supplement, not supplant, nonlottery educational resources or funding. The educational programs and educational purposes for which the Lottery for Education Account proceeds may be appropriated include only the following:
(a) capital projects for public pre-kindergarten through twelfth grade educational facilities;
(b) pre-kindergarten initiatives;
(c) tuition grants, scholarships, and loans to citizens of this State in order to enable them to attend higher education institutions in this State;
(d) education shortfall reserves; and
(e) teacher professional development programs.
Funds from the Lottery Education Account utilized for capital projects may be expended directly for such projects or may be used for the issuance and repayment of bonded indebtedness, as provided by law, for indebtedness incurred after January 1, 2001.
The game of bingo, when conducted by charitable, religious, or fraternal organizations exempt from federal income taxation or when conducted at recognized annual State state and county fairs, shall is not be deemed considered a lottery prohibited by this section.
The General Assembly shall provide by law for the implementation of the state lottery authorized by this section. /
SECTION 2. The proposed amendment in SECTION 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Section 7, Article XVII of the Constitution of this State be amended so as to authorize lotteries to be conducted only by the State with the proceeds, less operating expenses and prizes, deposited to a separate Lottery for Education Account, the earnings of which remain a part of the account, the proceeds of which must be used to support improvements and enhancements for educational programs and purposes and not to supplant nonlottery resources or funding for educational programs and purposes, and to provide that educational programs and purposes only include: (1) capital outlay projects for public pre-kindergarten through twelfth grade educational facilities; (2) pre-kindergarten initiatives; (3) tuition grants, scholarships, and loans to citizens of this State in order to enable them to attend higher education institutions in this State; (4) educational shortfall reserves; and (5) teacher professional development programs?
No [ ]
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
Senator HAYES moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Fair Gregory Hayes Leatherman Leventis Martin Russell Ryberg Wilson
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Ford Giese Glover Grooms Holland Hutto Jackson Land Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Peeler Rankin Ravenel Reese Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
Senator GROOMS and THOMAS proposed the following Amendment No. A-3 (1R003.LKG)), which was ruled out of order:
Amend the committee report, by adding the appropriately numbered new SECTIONS to read:
/ SECTION ___. (A) It is proposed that Section 1, Article X of the Constitution of this State be amended to read:
"Section 1. The legal residence and not more than five acres contiguous thereto shall not be taxed on an assessment equal to four percent of the fair market value of such property. Periodically, as necessary, the State Treasurer must adjust the sales and use tax to reimburse local governments, in the manner provided by law, for any revenue lost as a result of the elimination of residential property taxes."
(B) It is proposed that Section 3, Article X of the Constitution of this State be amended to read:
"There shall be exempt from ad valorem taxation:
(a) all property of the State, counties, municipalities, school districts and other political subdivisions, if the property is used exclusively for public purposes;
(b) all property of all schools, colleges and other institutions of learning and all charitable institutions in the nature of hospitals and institutions caring for the infirmed, the handicapped, the aged, children and indigent persons, except where the profits of such institutions are applied to private use;
(c) all property of all public libraries, churches, parsonages and burying grounds;
(d) all property of all charitable trusts and foundations used exclusively for charitable and public purposes;
(e) all household goods and furniture used in the home of the owner of such goods and furniture, but this exemption shall not apply to household goods used in hotels, rooming houses, apartments or other places of business;
(f) all inventories of manufactures, except manufactured articles which have been offered for sale at retail or which have been available for sale at retail;
(g) all new manufacturing establishments located in any of the counties of this State after July 1, 1977, for five years from the time of establishment and all additions to the existing manufacturing establishments located in any of the counties of this State for five years from the time each of these additions is made if the cost of the addition is fifty thousand dollars or more. The additions shall include additional machinery and equipment installed in the plant. The exemptions authorized in this item for manufacturing establishments, and additions to those manufacturing establishments, do not include exemptions from school taxes or municipal taxes but include only county taxes. All manufacturing establishments and all additions to existing manufacturing establishments exempt under existing statutes are allowed their exemptions provided for by statute until the exemptions expire. Municipal governing bodies may by ordinance exempt from municipal ad valorem taxation for not more than five years all new manufacturing establishments located in any of the municipalities of this State after July 1, 1985, and all additions to the existing manufacturing establishments, including additional machinery and equipment, located in any of the municipalities of this State costing fifty thousand dollars or more made after July 1, 1985. Exemptions from municipal taxation granted pursuant to this item may not result in any refund of taxes;
(h) the legal residence and not more than five acres contiguous thereto."
SECTION ___. The proposed amendment in subsections (A) and (B) must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Sections 1 and 3, Article X of the Constitution of this State be amended so as to eliminate the real property tax assessed on a person's legal residence and not more than five acres contiguous thereto, and to require the State Treasurer to increase the state sales and use tax to reimburse local governments for the revenue lost to elimination of property tax on single family residences?"
No [ ]
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes,' and those voting against the question shall deposit a ballot with a check for cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE raised a Point of Order that the amendment was out of order under Rule 24 inasmuch as it was not germane to the Joint Resolution.
Senators THOMAS and McCONNELL spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator GROOMS proposed the following Amendment No. A-4 (1R012.LKG), which was ruled out of order:
Amend the committee report, by adding the appropriately numbered new SECTIONS to read:
/ SECTION ____. (A) It is proposed that Section 2, Article X of the Constitution of this State be amended to read:
"Section 1. The Except as otherwise provided for in this Constitution, General Assembly may provide for the ad valorem taxation by the State or any of its subdivisions of all real and personal property. The assessment of all real property shall be equal and uniform in the following classifications:
(1) All real and personal property owned by or leased to manufacturers, utilities and mining operations and used by the manufacturer, utility or mining operation, in the conduct of such business shall be taxed on an assessment equal to ten and one-half percent of the fair market value of such property.
(2) All real and personal property owned by or leased to companies primarily engaged in transportation for hire of persons or property and used by the company in the conduct of such business shall be taxed on an assessment equal to nine and one-half percent of the fair market value of such property.
(3) The legal residence and not more than five acres contiguous thereto shall be taxed on an assessment equal to four percent of the fair market value of such property.
(4) Agricultural real property which is actually used for such purposes shall be taxed on an assessment equal to:
(A) four percent of its value for such purposes when owned or leased to individuals or partnerships and certain corporations which do not:
(i) have more than ten shareholders;
(ii) have as a shareholder a person (other than an estate) who is not an individual;
(iii) have a nonresident alien as a shareholder; and
(iv) have more than one class of stock.
(B) six percent of its value for such purposes when owned or leased to corporations, except for certain corporations specified in (A) above. Provided, that the General Assembly shall by general law provide for a penalty system on lands classified as agricultural lands to insure the proper utilization of this classification.
(5) All other real property not herein provided for shall be taxed on an assessment equal to six percent of the fair market value of such property.
(6) All inventories of business establishments shall be taxed on an assessment equal to six percent of the fair market value of such property.
(7) All farm machinery and equipment except motor vehicles licensed for use on the highways owned by farmers and used on agricultural lands shall be taxed on an assessment equal to five percent of the fair market value.
(8) All other personal property shall not be taxed on an assessment equal to ten and one-half percent of the fair market value of such property.
Periodically, as necessary, the State Treasurer must adjust the sales and use tax to reimburse local governments, in the manner provided by law, for any revenue lost as a result of the elimination of residential property taxes."
(B) The proposed amendment in this SECTION must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Sections 2, Article X of the Constitution of this State be amended so as to eliminate the tax on personal property and exempt such tax from ad valorem taxation, and to require the State Treasurer to increase the state sales and use tax to reimburse local governments for the revenue lost to elimination of property tax on single family residences?"
No [ ]
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check for cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL raised a Point of Order that the amendment was out of order under Rule 24 inasmuch as it was not germane to the Joint Resolution.
Senator HAYES spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
The question then was the adoption of the committee amendment, as perfected.
The Finance Committee proposed the following amendment (KGH15198HTC99):
Amend the joint resolution, as and if amended, by striking Section 7 as contained in SECTION 1, beginning on page 1, and inserting:
/ Section 7. No Except when conducted by the State, no lottery shall ever be is allowed or may be advertised by newspapers, or otherwise, or its tickets be sold in this State. Only the State may conduct lotteries as provided for by the General Assembly.
The proceeds derived from the lottery conducted by the State must first be used to pay the operating expenses of the lottery, including all prizes, without any appropriation required by law. The net lottery proceeds must be paid into a Lottery for Education Account, which is separate and distinct from the general fund of the State, with earnings on it remaining a part of the account. The Lottery for Education Account must be used to support improvements and enhancements for educational programs and purposes, and these account proceeds must be used to supplement, not supplant, nonlottery educational resources or funding. The educational programs and educational purposes for which the Lottery for Education Account proceeds may be appropriated include only the following:
(a) capital outlay projects for public pre-kindergarten through twelfth grade educational facilities;
(b) pre-kindergarten initiatives;
(c) tuition grants, scholarships, and loans to citizens of this State in order to enable them to attend higher education institutions in this State;
(d) education shortfall reserves; and
(e) teacher professional development programs.
The game of bingo, when conducted by charitable, religious, or fraternal organizations exempt from federal income taxation or when conducted at recognized annual State state and county fairs, shall is not be deemed considered a lottery prohibited by this section.
The General Assembly shall provide by law for the implementation of the state lottery authorized by this section. /
Amend further, SECTION 2, page 2, by striking the question on lines 16 through 20 and inserting:
/ Shall Section 7, Article XVII of the Constitution of this State be amended so as to authorize lotteries to be conducted only by the State with the proceeds, less operating expenses and prizes, deposited to a separate Lottery for Education Account, the earnings which remain a part of the account, the proceeds of which must be used to support improvements and enhancements for educational programs and purposes and not to supplant nonlottery resources or funding for educational programs and purposes, and to provide that educational programs and purposes only include: (1) capital outlay projects for public pre-kindergarten through twelfth grade educational facilities; (2) pre-kindergarten initiatives; (3) tuition grants, scholarships, and loans to citizens of this State in order to enable them to attend higher education institutions in this State; (4) educational shortfall reserves; and (5) teacher professional development programs? /
Renumber sections to conform.
Amend title to conform.
The Finance Committee amendment, as perfected by Amendment No. A-2 (1R02A.ELP) proposed by Senator PASSAILAIGUE, was adopted as follows:
Amend the committee amendment, as and if amended, by striking the amendment in its entirety and inserting in lieu thereof the following:
/ SECTION 1. It is proposed that Section 7, Article XVII of the Constitution of this State be amended to read:
"Section 7. No Except when conducted by the State, no lottery shall ever be is allowed or may be advertised by newspapers, or otherwise, or its tickets be sold in this State. Only the State may conduct lotteries as provided for by the General Assembly.
The proceeds derived from the lottery conducted by the State must first be used to pay the operating expenses of the lottery, including all prizes, provided that the General Assembly shall not be required to appropriate any funds for the payment of operating expenses and prizes. The net lottery proceeds remaining after the payment of operating expenses and prizes must be paid into a Lottery for Education Account, which is separate and distinct from the general fund of the State, with earnings on it remaining a part of the account. The Lottery for Education Account must be used to support improvements and enhancements for educational programs and purposes, and these account proceeds must be used to supplement, not supplant, nonlottery educational resources or funding. The educational programs and educational purposes for which the Lottery for Education Account proceeds may be appropriated include only the following:
(a) capital projects for public pre-kindergarten through twelfth grade educational facilities;
(b) pre-kindergarten initiatives;
(c) tuition grants, scholarships, and loans to citizens of this State in order to enable them to attend higher education institutions in this State;
(d) education shortfall reserves; and
(e) teacher professional development programs.
Funds from the Lottery Education Account utilized for capital projects may be expended directly for such projects or may be used for the issuance and repayment of bonded indebtedness, as provided by law, for indebtedness incurred after January 1, 2001.
The game of bingo, when conducted by charitable, religious, or fraternal organizations exempt from federal income taxation or when conducted at recognized annual State state and county fairs, shall is not be deemed considered a lottery prohibited by this section.
The General Assembly shall provide by law for the implementation of the state lottery authorized by this section. /
SECTION 2. The proposed amendment in SECTION 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Section 7, Article XVII of the Constitution of this State be amended so as to authorize lotteries to be conducted only by the State with the proceeds, less operating expenses and prizes, deposited to a separate Lottery for Education Account, the earnings which remain a part of the account, the proceeds of which must be used to support improvements and enhancements for educational programs and purposes and not to supplant nonlottery resources or funding for educational programs and purposes, and to provide that educational programs and purposes only include: (1) capital outlay projects for public pre-kindergarten through twelfth grade educational facilities; (2) pre-kindergarten initiatives; (3) tuition grants, scholarships, and loans to citizens of this State in order to enable them to attend higher education institutions in this State; (4) educational shortfall reserves; and (5) teacher professional development programs?
No [ ]
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
Senator HAYES proposed the following Amendment No. 1 (KGH15206HTC.99), which was ruled out of order:
Amend the joint resolution, as and if amended, by adding two SECTIONS appropriately numbered to read:
/ SECTION ___. It is proposed that Section 34, Article III of the Constitution of this State be amended by adding a new item VIII immediately after item VII to read:
"VIII. To allow a county by ordinance, subject to the approval of the qualified electors of the county by majority vote in a regularly scheduled election, to prohibit the operation or possession of any type of coin-operated amusement or gaming machine or device in that county. The provisions of item VIII are deemed not to be in violation of Article VIII, Section 14(5) of this Constitution."
SECTION ___. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 34, Article III of the Constitution of this State be amended to allow a county by ordinance, subject to the approval of the qualified electors of the county by majority vote in a regularly scheduled election, to prohibit the operation or possession of any type of coin-operated amusement or gaming machine or device in that county?
No [ ]
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE raised a Point of Order that the amendment was out of order under Rule 24 inasmuch as it was not germane to the Joint Resolution.
Senator McCONNELL spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator HAYES proposed the following Amendment No. 2 (KGH15203HTC.99), which was ruled out of order:
Amend the joint resolution, as and if amended, in Section 7 as contained in SECTION 1, page 2, by inserting beginning on line 7:
/ The operation of a video game with a free play feature is considered a lottery prohibited by this section. /
Amend further, SECTION 2, page 2, line 20, by striking the question mark and inserting:
/ and to provide that the operation of a video game with a free play feature is considered a lottery prohibited by this section? /
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE raised a Point of Order that the amendment was out of order under Rule 24 inasmuch as it was not germane to the Joint Resolution.
Senators MARTIN, HAYES and McCONNELL spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator HAYES spoke on the amendment.
Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was violative of Article XVI, Section 2 of the S. C. Constitution.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator THOMAS proposed the following Amendment No. 4 (GJK20193SD99), which was ruled out of order:
Amend the joint resolution, as and if amended, by adding the following new sections to be appropriately numbered to read:
/SECTION ___. (A) Article X of the Constitution of this State is amended by adding a new Section 1A to read:
"Section 1A. Effective January 1, 2002, no ad valorem property taxation on real or personal property is permitted in this State.
The General Assembly by law shall provide for a system of statewide or local sales taxes or fees for the benefit of the political subdivisions of this State which derive revenues from the ad valorem property tax to replace the ad valorem tax revenues lost by these political subdivisions as a result of the abolition of ad valorem property taxation. For bonded indebtedness purposes only, the limitations on bonded indebtedness of these political subdivisions as a function of the amount of assessed value of all taxable property of the subdivision shall continue to apply.
(B) Sections 1, 2, 3, 4,and 6 of Article X of the Constitution of this State are deleted effective January 1, 2002.
SECTION ____. The proposed amendments must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Article X of the Constitution of this State be amended by adding a new Section 1A and by deleting existing Sections 1, 2, 3, 4, and 6 so as to provide that effective January 1, 2002, no ad valorem property taxation on real or personal property is permitted in this State, and to provide that the General Assembly by law shall provide for a system of statewide or local sales taxes or fees for the benefit of the political subdivisions of this State which derive revenues from the ad valorem property tax to replace the ad valorem tax revenues lost by these political subdivisions as a result of the abolition of ad valorem property taxation?
The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
No [ ]
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE raised a Point of Order that the amendment was out of order under Rule 24 inasmuch as it was not germane to the Joint Resolution.
Senators THOMAS and McCONNELL spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator THOMAS proposed the following Amendment No. 5 (1R001.DLT), which was ruled out of order:
Amend the joint resolution, as and if amended, as and if amended, by striking the next to the last paragraph of Section 7 of Article XVII of the Constitution of this State as contained in SECTION 1 and inserting:
/ The game of bingo, when conducted by charitable, religious or fraternal organizations exempt from federal income taxation or when conducted at recognized annual State and county fairs, shall not be deemed a lottery prohibited by this section. /
Amend the resolution further, as and if amended, by adding at the end of the question and before the question mark as contained in SECTION 2, the following:
/ and to provide that the game of bingo is considered a lottery prohibited by this section /
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE raised a Point of Order that the amendment was out of order inasmuch as it was violative of Article XVI, Section 2 of the S. C. Constitution.
Senators THOMAS and McCONNELL spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senators THOMAS and RANKIN proposed the following Amendment No. 6 (1R005.DLT), which was adopted:
Amend the joint resolution, as and if amended, by striking SECTION 3 and inserting:
/SECTION 3. Section 7, Article XVII of the Constitution of this State is amended by adding at the end:
"The operation of a video game with a free play feature is considered a lottery prohibited by this section."
SECTION 4. The proposed amendment in Section 3 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Section 7, Article XVII of the Constitution of this State be amended so as to provide that the operation of a video game with a free play feature is considered a lottery prohibited by this section?
No [ ]
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE raised a Point of Order that the amendment was out of order inasmuch as it was violative of Article XVI, Section 2 of the S. C. Constitution and that it was not germane to the Joint Resolution.
Senators THOMAS, MARTIN and HAYES spoke on the Point of Order.
On motion of Senator PASSAILAIGUE, the Points of Order were withdrawn.
The amendment was adopted.
Senator RANKIN moved to reconsider the vote whereby Amendment No. 6 was adopted.
The motion was adopted.
The question then was the adoption of the amendment.
On motion of Senator RANKIN, with unanimous consent, Amendment No. 6 was withdrawn.
Senator RANKIN asked unanimous consent to take up Amendment No. 6A for immediate consideration
There was no objection.
Senator THOMAS and RANKIN proposed the following Amendment No. 6A (1R005A.DLT), which was adopted:
Amend the joint resolution, as and if amended, by striking SECTION 3 and inserting:
/SECTION 3. Section 7, Article XVII of the Constitution of this State is amended by adding at the end:
"The operation of a video game with a free play feature is considered a lottery prohibited by this section."
SECTION 4. The proposed amendment in Section 3 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Section 7, Article XVII of the Constitution of this State be amended so as to provide that the operation of a video game with a free play feature is deemed to be a lottery and therefore illegal?
No [ ]
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
Senators GROOMS and THOMAS proposed the following Amendment No. 8 (1R016.LKG), which was ruled out of order:
Amend the resolution, as and if amended, by adding the appropriately numbered new SECTIONS to read:
/ SECTION ___. It is proposed that Section 7, Article XVII of the Constitution of this State be amended by adding the following at the end:
"Five percent of the net proceeds from lottery revenues along with applicable sales and use taxes shall be used to eliminate the real property tax assessed on a person's legal residence and not more than five acres contiguous thereto. The applicable sales and use tax shall be determined pursuant to Section 1, Article X of the Constitution."
SECTION ___. (A) It is proposed that Section 1, Article X of the Constitution of this State be amended to read:
"Section 1. The legal residence and not more than five acres contiguous thereto shall not be taxed on an assessment equal to four percent of the fair market value of such property. Periodically, as necessary, the State Treasurer must adjust the sales and use tax to reimburse local governments, in the manner provided by law, for any revenue lost as a result of the elimination of residential property taxes."
(B) It is proposed that Section 3, Article X of the Constitution of this State be amended to read:
"There shall be exempt from ad valorem taxation:
(a) all property of the State, counties, municipalities, school districts and other political subdivisions, if the property is used exclusively for public purposes;
(b) all property of all schools, colleges and other institutions of learning and all charitable institutions in the nature of hospitals and institutions caring for the infirmed, the handicapped, the aged, children and indigent persons, except where the profits of such institutions are applied to private use;
(c) all property of all public libraries, churches, parsonages and burying grounds;
(d) all property of all charitable trusts and foundations used exclusively for charitable and public purposes;
(e) all household goods and furniture used in the home of the owner of such goods and furniture, but this exemption shall not apply to household goods used in hotels, rooming houses, apartments or other places of business;
(f) all inventories of manufactures, except manufactured articles which have been offered for sale at retail or which have been available for sale at retail;
(g) all new manufacturing establishments located in any of the counties of this State after July 1, 1977, for five years from the time of establishment and all additions to the existing manufacturing establishments located in any of the counties of this State for five years from the time each of these additions is made if the cost of the addition is fifty thousand dollars or more. The additions shall include additional machinery and equipment installed in the plant. The exemptions authorized in this item for manufacturing establishments, and additions to those manufacturing establishments, do not include exemptions from school taxes or municipal taxes but include only county taxes. All manufacturing establishments and all additions to existing manufacturing establishments exempt under existing statutes are allowed their exemptions provided for by statute until the exemptions expire. Municipal governing bodies may by ordinance exempt from municipal ad valorem taxation for not more than five years all new manufacturing establishments located in any of the municipalities of this State after July 1, 1985, and all additions to the existing manufacturing establishments, including additional machinery and equipment, located in any of the municipalities of this State costing fifty thousand dollars or more made after July 1, 1985. Exemptions from municipal taxation granted pursuant to this item may not result in any refund of taxes;
(h) the legal residence and not more than five acres contiguous thereto."
SECTION ___. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Section 7, Article XVII of the Constitution of this State be amended so as to allow five percent of the net proceeds from lottery revenues to be used to eliminate real property tax assessed on a person's legal residence and not more than five acres contiguous thereto, and to amend Article Sections 1 and 3, Article X of the Constitution so as to require the State Treasurer to increase the state sales and use tax to reimburse local governments for revenues lost to elimination of property tax on single family residences?"
No [ ]
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes,' and those voting against the question shall deposit a ballot with a check for cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE raised a Point of Order that the amendment was out of order under Rule 24 inasmuch as it was not germane to the Joint Resolution.
Senator McCONNELL spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator THOMAS spoke on the Joint Resolution.
At 1:50 P.M., Senator COURTNEY assumed the Chair.
Senator THOMAS continued speaking on the Joint Resolution.
Senator LEVENTIS spoke on the Joint Resolution.
Senator HAYES spoke on the Joint Resolution.
Senator MARTIN spoke on the Joint Resolution.
At 3:12 P.M., the PRESIDENT assumed the Chair.
Senator MARTIN continued speaking on the Joint Resolution.
At 3:20 P.M., with Senator MARTIN retaining the floor, on motion of Senator DRUMMOND, with unanimous consent, the Senate receded from business not to exceed fifteen minutes.
At 3:50 P.M., the Senate resumed.
Senator MARTIN was recognized.
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:
AYES
Alexander Anderson Branton
Bryan Cork Courson
Drummond Elliott Fair
Giese Glover Gregory
Hayes Holland Land
Leatherman Martin McGill
Mescher Moore O'Dell
Passailaigue Peeler Ravenel
Russell Ryberg Saleeby
Setzler Short Thomas
Washington Wilson
A quorum being present, the Senate resumed.
On motion of Senator COURSON, with unanimous consent, Senators HUTTO, LEVENTIS, WALDREP, ELLIOTT, O'DELL, RAVENEL, and COURSON were granted leave to attend a meeting and be counted in any quorum calls.
Senators RANKIN, J. VERNE SMITH, GROOMS and HUTTO recorded their presence subsequent to the Call of the Senate.
Senator MARTIN continued speaking on the Joint Resolution.
At 5:10 P.M., with Senator MARTIN retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed ten minutes.
At 5:20 P.M., the Senate resumed.
Senator MARTIN spoke on the Joint Resolution.
Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
Senator MARTIN continued speaking on the Joint Resolution.
Senator FAIR spoke on the Joint Resolution.
At 6:00 P.M., with Senator FAIR retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed fifteen minutes.
At 6:22 P.M., the Senate resumed.
Senator FAIR spoke on the Joint Resolution.
At 6:40 P.M., with Senator FAIR retaining the floor, on motion of Senator LAND, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 6:45 P.M., the Senate resumed.
Senator FAIR spoke on the Joint Resolution.
Senator MOORE was recognized.
Senator MOORE moved to reconsider the vote whereby Amendment No. 6A was adopted.
The motion was adopted.
The question then was the adoption of Amendment No. 6A.
On motion of Senator MOORE, with unanimous consent, Amendment No. 6A was withdrawn.
On motion of Senator MOORE, with unanimous consent, Amendment No. 6B was taken up for immediate consideration.
Senators THOMAS and RANKIN proposed the following Amendment No. 6B(1R002A.DLT), which was adopted:
Amend the resolution, as and if amended, by striking SECTION 3 and inserting:
/ SECTION 3. Section 7, Article XVII of the Constitution of this State is amended by adding at the end:
"The operation of the video game with a free play feature is prohibited by this section."
SECTION 4. The proposed amendment in SECTION 3 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Section 7, Article XVII of the Constitution of this State be amended so as to provide that the operation of a video game with a free play feature is deemed to continue to be legal?
No [ ]
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
Senator MOORE asked unanimous consent to make a motion that S.1 remain in the status of Interrupted Debate and to make a further motion to recall S. 312 from the Senate Finance Committee and to take it up for immediate consideration and that proponents and opponents each be granted ten minutes to present remarks to the body.
There was no objection.
Upon a further motion by Senator MOORE, adopted by unanimous consent, the Senate agreed that, if S. 312 received second reading, the Bill would be thereafter placed on the third reading Calendar in the status of Adjourned Debate. It was further agreed that the Senate would then return to the consideration of S. 1 and the Bill would be carried over in the status of Interrupted Debate. It was further agreed that, if S. 312 failed to receive second reading, it would be returned to the Finance Committee. The Senate would then return to the consideration of S. 1 and proceed to a roll call vote on the second reading of the Resolution with notice of general amendments, carrying over all amendments to third reading.
S. 312 (Word version) -- Senators Leatherman, Ravenel, Martin, Grooms, Giese, Ryberg, Hayes, Waldrep: A BILL TO PROVIDE FOR A STATEWIDE REFERENDUM ON TUESDAY, APRIL 13, 1999, TO DETERMINE IF THE QUALIFIED ELECTORS OF THE STATE FAVOR A STATE-RUN LOTTERY WITH THE PROCEEDS USED TO IMPROVE EDUCATION AND WHETHER THE QUALIFIED ELECTORS OF THE STATE FAVOR MAKING VIDEO POKER GAMBLING ILLEGAL AND TO MAKE VIDEO POKER GAMBLING ILLEGAL IF A MAJORITY "YES" VOTE IS CERTIFIED ON THAT QUESTION AND TO ACCOMPLISH THE PURPOSE OF MAKING VIDEO POKER GAMBLING ILLEGAL UNDER THAT CIRCUMSTANCE BY AMENDING SECTIONS 12-21-2710, AS AMENDED, 12-21-2712, 12-21-2720, AS AMENDED, AND 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN-OPERATED MACHINES OR DEVICES, SO AS TO EXTEND THE PROHIBITION ON SLOT MACHINES AND OTHER MACHINES OR DEVICES PERTAINING TO GAMES OF CHANCE TO VIDEO GAMES WITH A FREE PLAY FEATURE OR ANY OTHER COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING, TO EXTEND THE SEIZURE AND DESTRUCTION PROVISIONS APPLICABLE TO GAMES OF CHANCE TO THESE EXPANDED PROHIBITIONS, TO CONFORM EXISTING LICENSING REQUIREMENTS FOR COIN-OPERATED MACHINES AND DEVICES TO THESE EXPANDED PROHIBITIONS AND TO DELETE REFERENCES TO PROVISIONS OF LAW REPEALED BY THIS SECTION; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO DELETE THE OFFENSE OF OPERATING AN UNMETERED VIDEO GAME WITH A FREE PLAY FEATURE; TO AMEND SECTIONS 16-19-40 AND 16-19-50, RELATING TO THE OFFENSE OF GAMBLING, SO AS TO EXTEND THESE OFFENSES SPECIFICALLY TO PLAYING OR MAINTAINING ANY LICENSED COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING PURPOSES; TO REPEAL SECTIONS 12-21-2703, 16-19-60, AND ARTICLE 20, CHAPTER 21 OF TITLE 12, RELATING RESPECTIVELY TO THE RETAIL LICENSE REQUIREMENT FOR A LOCATION WITH VIDEO GAMES WITH A FREE PLAY FEATURE, THE EXEMPTION OF VIDEO GAMES WITH A FREE PLAY FEATURE FROM THE GAMBLING OFFENSES, AND THE VIDEO GAMES MACHINES ACT; AND TO PROVIDE SPECIAL NOTICE REQUIREMENTS FOR THE REFERENDUM AND FOR ITS RESCHEDULING IF TIMELY PRECLEARANCE IS NOT OBTAINED.
Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator LEATHERMAN argued in favor of the Bill and Senators PASSAILAIGUE, BRYAN and McCONNELL argued contra.
Senator LEATHERMAN proposed the following Amendment No. 1 (312R001HKL), which was adopted:
Amend the bill, as and if amended, page 3, by deleting line 1 and inserting the following:
/ "Do you favor keeping video poker gambling legal?" /
Amend the bill further, as and if amended, page 7, line 16, by striking the word / "Yes" / and inserting in lieu thereof the word / "No" /
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
The question then was the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Branton Courson Courtney Fair Giese Gregory Grooms Hayes Leatherman Martin Mescher Peeler Ravenel Russell Ryberg * Smith, J. Verne Thomas Waldrep Wilson
Anderson Bryan Cork Drummond Elliott Ford Glover Holland Hutto Jackson Land Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson * Rankin Reese Saleeby Setzler Short Washington
*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.
Second reading of S. 312 failed.
We voted against this bill because it unnecessarily causes the expenditure of some 1 1/2 million dollars for a special referendum on video poker. It is a well-established trend that the turnout in an off-year or special election is substantially below general election norms. To our knowledge, this would be the first time a statewide referendum would be conducted in April, which in our opinion, would skew the results even further. Given the resources that the video poker industry could and would likely bring to bear, an April referendum would in our opinion give the video poker industry an unfair advantage.
We have always favored referenda during this debate today and it is our strong desire that the public be given the right to vote in the next general election. This fact was clearly established during the consideration of S. 1 with the Senate's passage of an amendment to provide a referendum on video poker in the 2000 general election. We proceeded to a consideration of S. 312 in the midst of our debate on S. 1 and the question of a referendum on video poker had already been decided.
We voted for the public's right to vote and to respect the public's will and to act against what we believe would be an unnecessary expenditure of 1.5 million dollars of the public's money.
S. 1 (Word version) -- Senators Passailaigue, McConnell, Ford, O'Dell, Elliott, Branton, Hutto and Glover: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE THAT THE NET REVENUE DERIVED FROM THE LOTTERIES BE USED SOLELY TO SUPPORT IMPROVEMENTS AND ENHANCEMENTS TO EDUCATION PURPOSES AND PROGRAMS AS PROVIDED FOR BY THE GENERAL ASSEMBLY.
Pursuant to the motion made by Senator MOORE, the Senate took up S. 1 for immediate consideration.
The Senate resumed consideration of the Joint Resolution. The question being the second reading of the Joint Resolution, with notice of general amendments on third.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Ford Giese Glover Grooms Holland Hutto Jackson Land Leatherman Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson * Peeler Rankin Ravenel Reese Russell Saleeby Setzler Short Waldrep Washington Wilson
Fair Gregory Hayes Leventis Martin Ryberg * Smith, J. Verne Thomas
*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.
S. 1 (Word version) was read the second time with notice of general amendments, carrying over all amendments to third reading.
Pursuant to the motion by Senator MOORE, S. 1 remained in the status of Interrupted Debate.
I do not support a lottery. However, a strong majority of my Senate district desires to have a referendum on this issue. For this reason, as their representative, I will vote for a referendum on the lottery in the year 2000 and will respect the people's view on this issue provided the money is restricted to educational programs.
I voted in opposition to S.1. I am in favor of the people's right to vote on a referendum but object to S.1 before we have established for what purpose the money will be used. I do not believe that you can agree to S.1 without dealing with S.2 which addresses the disposition of the lottery income. Furthermore, I believe that the people of South Carolina need to be heard on a video poker referendum in 1999, and the issue of video poker needs to be voted upon by the South Carolina Senate before S.1 is addressed.
I voted "No" on passage of S.1 on second reading because of these reasons:
S.1 (Word version) specifies there will be a constitutional referendum in November of 2000 at the General Election. I do not oppose this. I believe, however, that passage of S.2, which delineates for the public what form a lottery may take, must also be passed concurrently. Only by knowing what the elements of S.2, the administrative format of the lottery system, would be can the public be properly informed as to what a vote for or against the lottery really means.
I vehemently oppose a lottery run by state employees, for example. Only with the passage of S.2 can I, as well as the public, know whether the proposal is for the State to permit or promote gambling in South Carolina. Permitting is fine. South Carolina state employees promoting gambling is truly unseemly.
The public has a right -- indeed, a responsibility -- to vote on changes to the Constitution. We, as Senators, have a responsibility to inform the public completely and fully on proposals to change the Constitution.
I voted "No" on S.1 because work on S.2 is not complete; so, we have not met our basic responsibility to the public.
On motion of Senator BRYAN, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable Robert Claude Wasson of Laurens, S.C., former State Senator (1957-60), former member of the House of Representatives (1937-40; 46-52; 55-56), and former Chairman of the South Carolina Tax Commission (1967-82).
At 7:58 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Friday, June 26, 2009 at 9:41 A.M.