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


Printed Page 464 . . . . . Tuesday, February 2, 1999

Tuesday, February 2, 1999
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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 words from the Prophet Isaiah, Chapter 11 (vv. 3-4):

"He shall not judge by what His eyes see,

Or decide by what His ears hear; but

With righteousness He shall judge..."
Let us pray.

Our Heavenly Father, who, we sometimes feel, is hidden from us: we represent a people seeking security and prosperity in a world of uncertainties and anxiety! We are a part of a fellowship seeking hope in a world of fear. We are seeking peace in a world of conflict.

But we believe that You have not sent us here to voice our doubts and our fears.

So, lift up our hearts, and send us with a happy glow to face every challenge that today may bring!

Help us to understand that, if the mighty potential of our State and nation is to be realized, we must heed the prophetic injunction recorded in Zachariah (4:6):

"Not by might, nor by power, but by

My Spirit, saith the Lord of Hosts!"
Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

REGULATION WITHDRAWN

The following was received:

Document No. 2321
Agency: Department of Labor, Licensing and Regulation
- Board of Long Term Health Care Administrators
SUBJECT: Continuing Education for Relicensure
Received by Lieutenant Governor January 12, 1999
Referred to Medical Affairs Committee


Printed Page 465 . . . . . Tuesday, February 2, 1999

January 26, 1999 Medical Affairs Committee Requested Withdrawal
120 Day Period Tolled
January 28, 1999 Permanently Withdrawn

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 2353
Agency: Department of Labor, Licensing and Regulation
- Board of Long Term Health Care Administrators
SUBJECT: Inactive or Retired Status Licenses; Continuing Education for Relicensure
Received by Lieutenant Governor January 12, 1999
Referred to Medical Affairs Committee
Legislative Review Expiration May 13, 1999
January 26, 1999 Medical Affairs   Committee Requested Withdrawal
120 Day Period Tolled
January 28, 1999 Withdrawn and Resubmitted

Doctor of the Day

Senator GIESE introduced Dr. March Seabrook of West Columbia, S.C., Doctor of the Day.

Leave of Absence

At 2:05 P.M., Senator COURTNEY requested a leave of absence until 11:00 A.M., Wednesday, February 3, 1999.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 426 (Word version) -- Senators Grooms and Mescher: A JOINT RESOLUTION TO NAME THE SANTEE RIVER BOAT LANDING NEAR U.S. HIGHWAY 17-A/S.C. HIGHWAY 41 NEAR JAMESTOWN IN BERKELEY COUNTY THE "LENUD'S FERRY BOAT LANDING".

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 427 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE LEWISVILLE HIGH SCHOOL


Printed Page 466 . . . . . Tuesday, February 2, 1999

CHEERLEADING SQUAD ON THEIR NINTH CONSECUTIVE STATE CHAMPIONSHIP WIN.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 428 (Word version) -- Senator Short: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF EDWARD HOOD DAWSON OF CHESTER AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

The Concurrent Resolution was adopted, ordered sent to the House.

H. 3174 (Word version) -- Rep. Simrill: A BILL TO AMEND SECTION 45-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO DEFRAUDS A HOTEL, MOTEL, INN, BOARDING HOUSE, ROOMING HOUSE, CAFE, OR RESTAURANT OWNER AND THE PENALTIES, SO AS TO ADD CAMPGROUND TO THE LISTED LODGING ACCOMMODATIONS AND TO PROVIDE A DEFINITION OF 'CAMPGROUND'.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 3184 (Word version) -- Reps. Townsend and Robinson: A BILL TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO PROVIDE THAT A REGULATION NOT APPROVED OR DISAPPROVED WITHIN TWO YEARS OF BEING SUBMITTED FOR GENERAL ASSEMBLY REVIEW MUST BE REFILED BY THE PROMULGATING AGENCY AS A NEW REGULATION IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT.

Read the first time and referred to the Committee on Judiciary.

H. 3261 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO REPEAL THE RESOLUTION ENACTED ON DECEMBER 19, 1843, GRANTING EXCLUSIVE USE OF MARSH AND MARSHLANDS LOCATED AT OR NEAR THE NORTHEAST END OF SULLIVAN'S ISLAND TO DAVID TRUESDELL FOR USE AS A PLACE FOR PLANTING OYSTERS DURING THE PLEASURE OF THE LEGISLATURE; TO TERMINATE ANY TENANCY AT WILL REMAINING OR FLOWING FROM THIS RESOLUTION OF DECEMBER 19, 1843; AND TO ABOLISH ANY AND ALL


Printed Page 467 . . . . . Tuesday, February 2, 1999

RIGHTS OR INTERESTS IN THIS MARSH AND MARSHLANDS, OR THE USE THEREOF, CLAIMED BY ANY PERSON THAT IS DERIVED FROM THE RESOLUTION ENACTED DECEMBER 19, 1843, BY OR THROUGH DAVID TRUESDELL, HIS HEIRS OR ASSIGNS.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3302 (Word version) -- Rep. Easterday: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE FOR AN EXEMPTION FOR CONSUMER AUTOMOBILE LEASES WHEN THE AUTOMOBILE IS PURCHASED UNDER CERTAIN CIRCUMSTANCES.

Read the first time and referred to the Committee on Finance.

H. 3350 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO PROVIDE THAT THE PRECINCT NAMED JOHNS ISLAND 5A IS RENAMED KIAWAH ISLAND AND THE PRECINCT NAMED JOHNS ISLAND 5B IS RENAMED TOWN OF SEABROOK.

Read the first time and on motion of Senator McCONNELL, with unanimous consent, ordered placed on the Calendar without reference.

H. 3362 (Word version) -- Reps. Neilson, Lucas and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY STUDENTS OF THE DARLINGTON COUNTY SCHOOL DISTRICT IN DARLINGTON 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.

Read the first time and referred to the Committee on Education.


Printed Page 468 . . . . . Tuesday, February 2, 1999

H. 3424 (Word version) -- Rep. Rodgers: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF MR. JAMES RICHARD "DICK" WATERS OF BEAUFORT, SOUTH CAROLINA.

The Concurrent Resolution was adopted, ordered returned to the House.

    HOUSE CONCURRENCE

S. 416 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE COACHES AND MEMBERS OF THE LEWISVILLE HIGH SCHOOL "LIONS" FOOTBALL TEAM FOR AN OUTSTANDING 1998 EFFORT, ENDING THE SEASON WITH A WELL DESERVED CLASS A TITLE VICTORY.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 419 (Word version) -- Senator Courtney: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE HONORABLE FRANK E. DILLARD FOR HIS DEDICATED SERVICE AS SPARTANBURG COUNTY COUNCIL VICE-CHAIRMAN AND DISTRICT #6 REPRESENTATIVE FOR SPARTANBURG COUNTY.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 420 (Word version) -- Senator Courtney: A CONCURRENT RESOLUTION RECOGNIZING THE HONORABLE DAVID G. DENNIS, SR. FOR HIS DEDICATED SERVICE AS CHAIRMAN OF SPARTANBURG COUNTY COUNCIL.

Returned with concurrence.

Received as information.


Printed Page 469 . . . . . Tuesday, February 2, 1999

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

  THIRD READING BILLS

The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:

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.

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.

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.

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


Printed Page 470 . . . . . Tuesday, February 2, 1999

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.

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.

SECOND READING BILL

The following Joint Resolution having been read the second time was ordered placed on the third reading Calendar:

H. 3260 (Word version) -- Reps. Harrell, Seithel, Limehouse, Mack, Inabinett, Breeland, Chellis, Campsen and Whipper: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY STUDENTS OF THE CHARLESTON COUNTY SCHOOL DISTRICT IN CHARLESTON 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.

H. 3260--Ordered to a Third Reading

On motion of Senator PASSAILAIGUE, with unanimous consent, H. 3260 was ordered to receive a third reading on Wednesday, February 3, 1999.

AMENDED AND ADOPTED

S. 381 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO HONOR THE GROWING SUCCESS AND WORTHWHILE EFFORTS OF AN OUTSTANDING MUSEUM IN MYRTLE


Printed Page 471 . . . . . Tuesday, February 2, 1999

BEACH BY RECOGNIZING IT AS THE CHILDREN'S MUSEUM OF SOUTH CAROLINA.

Senator RANKIN proposed the following amendment (381ROO1.LAR), which was adopted:

Amend the resolution, as and if amended, page 1, by striking line 14 and inserting in lieu thereof the following:

/ MUSEUM OF MYRTLE BEACH, SOUTH CAROLINA. /

Amend the resolution further, page 2, by striking line 3 and inserting in lieu thereof the following:

/ recognizing it as the Children's Museum of Myrtle Beach, South Carolina. /

Amend the resolution further, page 2, by striking line 6 and inserting in lieu thereof the following:

/ the Children's Museum of Myrtle Beach, South Carolina. /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

There being no further amendments, the Concurrent Resolution was adopted and ordered sent to the House with amendments.

CARRIED OVER

The following Bill and Joint Resolutions were carried over:

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,


Printed Page 472 . . . . . Tuesday, February 2, 1999

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. 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


Printed Page 473 . . . . . Tuesday, February 2, 1999

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.

On motion of Senator MOORE, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

READ THE THIRD TIME
PASSED BY 'AYES' AND 'NAYS'
SENT TO THE HOUSE

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 resumed consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.

Senator GREGORY argued contra to the third reading of the Joint Resolution.

ACTING PRESIDENT PRESIDES

At 12:40 P.M., Senator MARTIN assumed the Chair.

Senator GREGORY continued speaking on the Joint Resolution.

PRESIDENT PRESIDES

At 2:15 P.M., the PRESIDENT assumed the Chair.

Senator GREGORY continued speaking on the Joint Resolution.


Printed Page 474 . . . . . Tuesday, February 2, 1999

Point of Quorum

At 4:00 P.M., Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator DRUMMOND moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Branton
Bryan                     Cork                      Courson
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
Smith, J. Verne           Thomas                    Waldrep
Washington                Wilson

A quorum being present, the Senate resumed.

Motion Under Rule 15C Failed

At 4:05 P.M., Senator DRUMMOND moved, under the provisions of Rule 15C, that debate be brought to a close on the entire matter of S. 1; provided, that no further amendments would be allowed on the Desk and that upon adoption of this motion, the Senate would proceed to consider amendments on the Desk seriatim with a total of twenty minutes for remarks, ten minutes each by proponents and opponents.

Further, that upon conclusion of consideration of amendments on the Desk, the Senate would continue debate on the third reading of S. 1 and vote on the question of third reading no later than 5:00 P.M.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 27; Nays 17; Not Voting 1


Printed Page 475 . . . . . Tuesday, February 2, 1999

AYES

Anderson                  Bryan                     Cork
Courson                   Courtney *                Drummond
Ford                      Glover                    Holland
Hutto                     Jackson                   Land
Leventis                  Matthews                  McConnell
McGill                    Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Rankin                    Reese                     Saleeby
Setzler                   Short                     Washington

Total--27

NAYS

Alexander                 Branton                   Fair
Giese                     Gregory                   Grooms
Hayes                     Leatherman                Martin
Mescher                   Ravenel                   Russell
Ryberg                    Smith, J. Verne           Thomas
Waldrep                   Wilson

Total--17

NOT VOTING

Elliott

Total--1

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

Having failed to receive the necessary vote, the motion under Rule 15C failed.

ACTING PRESIDENT PRESIDES

At 4:15 P.M., Senator MARTIN assumed the Chair.

Senator GREGORY argued contra to the third reading of the Joint Resolution.


Printed Page 476 . . . . . Tuesday, February 2, 1999

Point of Quorum

At 4:28 P.M., Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator DRUMMOND moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Branton
Bryan                     Cork                      Courson
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
Smith, J. Verne           Thomas                    Waldrep
Washington                Wilson

A quorum being present, the Senate resumed.

Motion Under Rule 15A Failed

At 4:35 P.M., Senator DRUMMOND moved, under the provisions of Rule 15A, that debate be brought to a close on the entire matter of third reading of S. 1 at 5:00 P.M.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 28; Nays 16

AYES

Alexander                 Anderson                  Bryan
Cork                      Courson                   Drummond
Ford                      Glover                    Holland
Hutto                     Jackson                   Land
Leventis                  Matthews                  McConnell
McGill                    Moore                     O'Dell

Printed Page 477 . . . . . Tuesday, February 2, 1999

Passailaigue              Patterson                 Peeler
Rankin                    Reese                     Saleebynothing
Setzler                   Short                     Waldrep
Washington

Total--28

NAYS

Branton                   Elliott                   Fair
Giese                     Gregory                   Grooms
Hayes                     Leatherman                Martin
Mescher                   Ravenel                   Russell
Ryberg                    Smith, J. Verne           Thomas
Wilson

Total--16

Having failed to receive the necessary vote, the motion under Rule 15A failed.

Senator GREGORY continued arguing contra to the third reading of the Joint Resolution.

Point of Quorum

At 5:00 P.M., Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator DRUMMOND moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Branton
Bryan                     Cork                      Courson
Drummond                  Elliott                   Fair
Ford                      Giese                     Glover
Gregory                   Grooms                    Holland
Hutto                     Jackson                   Land
Leatherman                Leventis                  Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Rankin                    Ravenel                   Reese

Printed Page 478 . . . . . Tuesday, February 2, 1999

Russell                   Ryberg                    Saleeby
Setzler                   Short                     Smith, J. Verne
Thomas                    Waldrep                   Washington
Wilson

A quorum being present, the Senate resumed.

Motion Under Rule 15A Failed

At 5:05 P.M., Senator DRUMMOND moved, under the provisions of Rule 15A, that debate be brought to a close on the entire matter of third reading of S. 1 at 5:30 P.M.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 28; Nays 16

AYES

Alexander                 Anderson                  Bryan
Cork                      Courson                   Drummond
Ford                      Glover                    Holland
Hutto                     Jackson                   Land
Leventis                  Matthews                  McConnell
McGill                    Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Rankin                    Reese                     Saleeby
Setzler                   Short                     Waldrep
Washington

Total--28

NAYS

Branton                   Elliott                   Fair
Giese                     Gregory                   Grooms
Hayes *                   Leatherman                Martin
Mescher                   Ravenel                   Russell
Ryberg                    Smith, J. Verne           Thomas
Wilson

Total--16


Printed Page 479 . . . . . Tuesday, February 2, 1999

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

Having failed to receive the necessary vote, the motion under Rule 15A failed.

Senator GREGORY continued arguing contra to the third reading of the Joint Resolution.

Senator HAYES argued contra to the third reading of the Joint Resolution.

Motion Under 15A Adopted
Time Certain Set to Vote on Entire Matter

At 7:16 P.M., Senator DRUMMOND moved, under the provisions of Rule 15A, that debate be brought to a close on the entire matter of third reading of S. 1 at 7:30 P.M.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 29; Nays 15

AYES

Alexander                 Anderson                  Bryan
Cork                      Courson                   Drummond
Elliott                   Ford                      Glover
Holland                   Hutto                     Jackson
Land                      Leventis                  Matthews
McConnell                 McGill                    Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Rankin                    Reese
Saleeby                   Setzler                   Short
Waldrep                   Washington

Total--29

NAYS

Branton                   Fair                      Giese
Gregory                   Grooms                    Hayes
Leatherman                Martin                    Mescher

Printed Page 480 . . . . . Tuesday, February 2, 1999

Ravenel                   Russell                   Ryberg
Smith, J. Verne           Thomas                    Wilson

Total--15

Having received the necessary vote, the motion under Rule 15A was adopted.

Senator HAYES relinquished the floor.

At 7:18 P.M., the Senate proceeded to a consideration of the amendments.

Amendment No. 10

Senator HUTTO proposed the following Amendment No. 10 (1R001.CBH), which was adopted, but subsequently tabled:

Amend the joint resolution, as and if amended, by adding at the end an appropriately numbered new SECTION to read:

/   SECTION   ___.   Notwithstanding the provisions of Article 17, Chapter 13, Title 7 of the 1976 Code, the questions presented in this joint resolution shall not be altered and the General Assembly directs that the questions presented need no explanation. /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

RECESS

At 7:30 P.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed ten minutes.

At 7:40 P.M., the Senate resumed.

Adoption of Amendment No. 10 Reconsidered
Amendment No. 10 Tabled

Having voted on the prevailing side, Senator J. VERNE SMITH moved to reconsider the vote whereby Amendment No. 10 (1R001.CBH), proposed by Senator HUTTO, was adopted.

The motion was adopted.


Printed Page 481 . . . . . Tuesday, February 2, 1999

The question then was the adoption of Amendment No. 10.

Senator BRYAN moved to lay the amendment on the table.

Senator HUTTO spoke on the motion.

The amendment was laid on the table.

Senator MOORE moved that the text of the Joint Resolution, as amended, be printed upon the pages of the Journal and that the Joint Resolution be ordered to receive a third reading.

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.

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

SECTION   1.   It is proposed that Section 7, Article XVII of the Constitution of this State be amended to read:

"Section   7.   No 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


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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?

Yes   [ ]
No   [ ]


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Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

SECTION   3.   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?

Yes   [ ]
No   [ ]

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

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The question then was the third reading of the Joint Resolution.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 37; Nays 8

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

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Short                     Waldrep                   Washington
Wilson

Total--37

NAYS

Fair                      Gregory                   Hayes
Leventis                  Martin                    Ryberg
Smith, J. Verne           Thomas

Total--8

*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 Joint Resolution was read the third time, passed and ordered sent to the House of Representatives.

Statement by Senator BRYAN

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.

Clerk's Perfecting Amendment

Pursuant to the instructions to "Amend Title to Conform", the Clerk incorporated the following changes to the title so that it reflects the amendment adopted by the Senate prior to second reading.

Amend the resolution, as and if amended, by striking the title after the word 'resolution' and inserting in lieu thereof:

/ 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


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ASSEMBLY, AND FURTHER PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII, SO AS TO PROHIBIT THE OPERATION OF A VIDEO GAME WITH A FREE PLAY FEATURE.       /

ADJOURNMENT

At 7:45 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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