Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rep. JENNINGS as follows:
O God our Father, as we seek to find our way through the demands of our day, make us mindful of Your presence, eager to do Your will, and ready to carry our responsibilities with honor to our offices, to our State, and to our Father God. Give us clarity of vision to do what we ought to do, the courage to do it, and the faith to keep us steadfast. May we be possessed with lofty principles and sustained by noble ambitions. Grant us wisdom for the impending tasks and courage for the living of these days. Keep our faith steady, our hope stable, and our good will strong. And to You, Lord, we give our praise and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. OWENS moved that when the House adjourns, it adjourn in memory of James Woodrow Bilton, Sr. of St. George, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 3361 (Word version) -- Reps. Scarborough, Simrill, Altman, Campsen, Coates, Hinson, Law, Limehouse, Littlejohn, Loftis, Merrill, Owens, Perry, Sinclair, Snow, Talley, Taylor and Thompson: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA,
The SPEAKER, citing Rule 4.8, ordered the Bill recommitted to the Committee on Agriculture, Natural Resources and Environmental Affairs.
The Senate amendments to the following Bill were taken up for consideration:
S. 536 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 56-5-4030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM ALLOWABLE WIDTH OF A VEHICLE, SO AS TO PROVIDE THAT APPURTENANCES ON CERTAIN VEHICLES MAY EXCEED THE MAXIMUM WIDTH REQUIREMENT AS LONG AS THEY REMAIN INSIDE THE EXTERIOR REAR VIEW MIRRORS OF THE VEHICLE, OR ITS TOW VEHICLE; AND TO AMEND SECTION 56-5-4070, RELATING TO LIMITATIONS PLACED ON THE LENGTH OF COMBINATION VEHICLES, SO AS TO INCREASE THE MAXIMUM LENGTH OF CERTAIN VEHICLES THAT TRAVEL ALONG THE STATE'S HIGHWAYS FROM FORTY FEET TO FORTY-FIVE FEET.
The SPEAKER, citing Rule 4.8, ordered the Bill committed to the Committee on Judiciary.
The following was received:
Columbia, S.C., May 31, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 339:
S. 339 (Word version) -- Senators Ryberg, Grooms, Branton, Waldrep, Fair, Thomas, Leatherman, Wilson, Hayes, Giese, Gregory and Verdin: A BILL TO AMEND SECTION 44-23-1150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF A STATE OR LOCAL GOVERNMENT EMPLOYEE HAVING SEXUAL INTERCOURSE WITH A PATIENT OR TRAINEE OF A MENTAL HEALTH FACILITY OR AN INMATE OF A CORRECTIONAL FACILITY SO AS TO BROADEN THE SCOPE OF THE STATUTE TO COVER SUPERVISORY SITUATIONS OUTSIDE OF AN INSTITUTION, TO PROVIDE DEFINITIONS, TO PROVIDE AN OFFENSE OF SEXUAL MISCONDUCT, SECOND DEGREE, THAT DOES NOT INCLUDE INTERCOURSE, TO PROVIDE AN OFFENSE OF FALSELY REPORTING SEXUAL MISCONDUCT, AND TO PROVIDE AN OFFENSE OF FAILURE TO REPORT KNOWLEDGE RECEIVED IN ONE'S PROFESSIONAL CAPACITY OF SEXUAL MISCONDUCT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 31, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 229:
S. 229 (Word version) -- Senators Hayes, Wilson, Branton, Hawkins, Ravenel and Leventis: A BILL TO AMEND CHAPTER 1, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MILITARY CODE BY ADDING SECTION 25-1-160 SO AS TO ENCOURAGE OWNERS OF LAND TO MAKE LAND AND WATER AREAS AVAILABLE TO THE MILITARY DEPARTMENT FOR TRAINING AND OPERATIONAL PURPOSES BY DEFINING AND LIMITING THE OWNER'S DUTY OF CARE AND LIMITING THE OWNER'S LIABILITY TOWARD MILITARY PERSONS ENTERING THE OWNER'S LAND; BY
Very respectfully,
President
Received as information.
The following was received from the Senate:
Columbia, S.C., May 31, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 63:
S. 63 (Word version) -- Senators Mescher, Grooms, Richardson, McGill, Elliott, Reese and Branton: A BILL TO AMEND SECTION 7-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING FEES FOR PARTY PRIMARIES, SO AS TO PROVIDE THAT THE COUNTY POLITICAL PARTY MAY RETAIN TEN PERCENT OF THE FILING FEES PAID BY CANDIDATES.
Very respectfully,
President
On motion of Rep. HARRISON, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. SCOTT, FLEMING and J. YOUNG to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate:
Columbia, S.C., June 5, 2001
Mr. Speaker and Members of the House:
S. 41 (Word version) -- Senators Leventis and Reese: A BILL TO AMEND SECTION 40-79-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE RESPONSIBILITIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION CONCERNING REGULATING THE BURGLAR ALARM SYSTEM INDUSTRY, SO AS TO PROVIDE THAT CERTAIN LICENSURE FEES INCLUDE A PRIMARY QUALIFYING PARTY CERTIFICATE; TO AMEND SECTIONS 40-79-110 AND 40-79-130, BOTH AS AMENDED, BOTH RELATING TO DISCIPLINARY ACTION AGAINST A BURGLAR ALARM SYSTEM LICENSEE, SO AS TO CLARIFY THE SCOPE OF AUTHORITY OF A LICENSEE AFTER CANCELLATION OF HIS LICENSE; TO AMEND SECTION 40-79-220 RELATING TO BURGLAR ALARM SYSTEM BRANCH OFFICES AND REGISTERED EMPLOYEE REQUIREMENTS, SO AS TO PROVIDE THAT A BRANCH OFFICE MAY NOT CONDUCT BUSINESS UNTIL A LICENSE NUMBER HAS BEEN ISSUED, TO REQUIRE AN EMPLOYEE TO BE REGISTERED BY THE DEPARTMENT TO HAVE ACCESS TO CLIENT RECORDS, AND TO REQUIRE REGISTRATION CANCELLATION UPON TERMINATION OF EMPLOYMENT; AND TO AMEND SECTION 40-79-240 RELATING TO LICENSE RENEWAL, SO AS TO MAKE TECHNICAL CORRECTIONS.
and asks for a Committee of Conference and has appointed Senators Alexander, Leventis and Waldrep of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. CATO, LAW and WILDER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate:
Columbia, S.C., May 31, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 349:
S. 349 (Word version) -- Senators Branton, Verdin, Leatherman, Peeler, McConnell, Giese, Grooms, Bauer, Waldrep, Wilson, Mescher, Ryberg, Fair, Hayes, Thomas and Martin: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATE OF THE ADMISSIONS TAX AND EXEMPTIONS FROM THE ADMISSIONS TAX, SO AS TO PROVIDE THAT ENTRY INTO THE PIT AREA OF MOTOR SPEEDWAYS OR RACETRACKS FOR DRIVERS, CREW MEMBERS, SCOREKEEPERS OR OTHER SUPPORT STAFF, CAR OWNERS AND SPONSORS, AND FAMILY MEMBERS THEREOF IS EXEMPT FROM THE ADMISSIONS TAX UNDER CERTAIN CONDITIONS.
Very respectfully,
President
On motion of Rep. HARRELL, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. KELLEY, CHELLIS and RICE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received and referred to the appropriate committee for consideration:
Document No. 2626
Agency: Commission on Higher Education
Statutory Authority: 1976 Code Sections 59-58-10 through 59-59-140
Licensing Nonpublic Postsecondary Educational Institutions
Received by Speaker of the House of Representatives
On motion of Rep. HUGGINS, with unanimous consent, the following was taken up for immediate consideration:
H. 4236 (Word version) -- Reps. Huggins, Quinn and Riser: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO IRMO MIDDLE SCHOOL IN LEXINGTON COUNTY AT A TIME AND DATE TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR RECEIVING THE SUDLER CUP, THE MOST PRESTIGIOUS INTERNATIONAL AWARD GIVEN BY THE JOHN PHILIP SOUSA FOUNDATION TO JUNIOR HIGH AND MIDDLE SCHOOL CONCERT BANDS OF OUTSTANDING MUSICAL EXCELLENCE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to Irmo Middle School in Lexington County at a time and date to be determined by the Speaker for the purpose of being recognized for receiving the Sudler Cup, the most prestigious international award given by the John Philip Sousa Foundation to junior high and middle school concert bands of outstanding musical excellence.
The Resolution was adopted.
The following was introduced:
H. 4237 (Word version) -- Rep. J. R. Smith: A HOUSE RESOLUTION TO CONGRATULATE THE RESIDENTS OF THE TOWN OF JACKSON, SOUTH CAROLINA, AND ITS MAYOR, PATRICK D.
The Resolution was adopted.
The following was introduced:
H. 4238 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE FAMILY AND FRIENDS OF COLONEL JIMMY J. TAYLOR OF WEST COLUMBIA UPON HIS DEATH.
The Resolution was adopted.
The following was introduced:
H. 4239 (Word version) -- Rep. Riser: A CONCURRENT RESOLUTION TO COMMEND MR. TOBIN CASSELS OF LEXINGTON COUNTY FOR HIS MANY YEARS OF OUTSTANDING PERFORMANCE AS AN EMPLOYEE OF SOUTHEASTERN FREIGHT LINES AND TO CONGRATULATE HIM ON BEING NAMED THE COMPANY'S PRESIDENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4240 (Word version) -- Rep. Lloyd: A CONCURRENT RESOLUTION EXPRESSING THE HEARTFELT APPRECIATION AND HIGH REGARDS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO AN EXTRAORDINARY YOUNG MAN, RICHIE PARKER OF BEAUFORT, SOUTH CAROLINA, FOR HIS UNYIELDING DEDICATION TO OVERCOME HIS DISABILITIES BY TURNING
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 728 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO COMMEND RICHIE PARKER OF BEAUFORT FOR HIS EFFORTS TO OVERCOME THE PHYSICAL CHALLENGES THAT LIFE HAS PRESENTED HIM AND TO CONGRATULATE HIM ON HIS NUMEROUS ACCOMPLISHMENTS AS A STUDENT AND AS A CITIZEN OF THIS STATE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4241 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 44-76-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS TRAINING AND USE REQUIREMENTS FOR PERSONS DESIGNATED AS AN AUTOMATED EXTERNAL DEFIBRILLATOR (AED), SO AS TO PROVIDE THE TRAINING REQUIRED INCLUDES A TRAINING COURSE APPROVED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4242 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 6-11-2010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH DISSOLUTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO PROVIDE A DEFINITION OF "NEGLECTED AREA"; TO AMEND SECTION 6-11-2020, SO AS TO PROVIDE THAT A NEGLECTED AREA WITHIN A SPECIAL PURPOSE DISTRICT OR THE DISTRICT'S
H. 4244 (Word version) -- Reps. A. Young and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-27-235 SO AS TO ALLOW NATIVE AMERICAN TRIBES THE OPTION OF ELECTION AS A REIMBURSABLE EMPLOYER FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW; TO AMEND SECTION 41-27-210, RELATING TO THE DEFINITION OF "EMPLOYER", SO AS TO EXTEND THE DEFINITION TO ANY NATIVE AMERICAN TRIBE AND ANY EMPLOYING UNIT REQUIRED TO PAY THE FEDERAL UNEMPLOYMENT TAX; TO AMEND SECTION 41-27-260, AS AMENDED, RELATING TO THE DEFINITION OF "EMPLOYMENT", SO AS TO EXTEND THE DEFINITION TO AN APPOINTED SUCCESSOR TO AN ELECTED OFFICIAL AND ADD AN EXEMPTION DEFINITION PERTAINING TO NATIVE AMERICANS; TO AMEND SECTION 41-31-40, AS AMENDED, RELATING TO AN EMPLOYER'S BASE RATE COMPUTATION PERIOD, SO AS TO EXPERIENCE RATE NEW EMPLOYERS AFTER TWELVE MONTHS AT THE NEXT ANNUAL RATING FOLLOWING THE YEAR IN WHICH THEY REACH THEIR TWELVE MONTH EXPERIENCE STATUS; TO AMEND SECTION 41-31-60, AS AMENDED, RELATING TO THE EMPLOYER DELINQUENT REPORT PENALTY, SO AS TO REDUCE THIS PENALTY; TO AMEND SECTION 41-31-110, AS AMENDED, RELATING TO THE SUCCESSOR RATING PERIOD, SO AS TO REDUCE THE RATING PERIOD TO ONCE A YEAR; TO AMEND SECTION 41-31-160, RELATING TO CONTRIBUTION REPORTS, SO AS TO REQUIRE ELECTRONIC CONTRIBUTION AND WAGE REPORTS FOR EMPLOYERS REPORTING TWO HUNDRED FIFTY OR MORE EMPLOYEES IN 2003 AND EMPLOYERS REPORTING ONE HUNDRED OR MORE EMPLOYEES IN 2005; AND TO AMEND SECTION 41-33-80,
H. 4248 (Word version) -- Rep. R. Brown: A BILL TO AMEND ACT 369 OF 1959, AS AMENDED, RELATING TO THE ST. JOHN'S FIRE DISTRICT IN CHARLESTON COUNTY, SO AS TO INCREASE FROM ONE TO FIFTEEN THOUSAND DOLLARS THE LIMIT ON PROCUREMENT OF EQUIPMENT OR MATERIAL WITHOUT ADVERTISING FOR BIDS.
Referred to Charleston Delegation
S. 617 (Word version) -- Senators Martin, Thomas and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 10, TITLE 56 SO AS TO ENACT THE "MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM ACT" AND PROVIDE THAT MOTORIST INSURANCE IDENTIFICATION DATA MUST BE COMPILED IN A DATABASE TO USE WHEN VERIFYING COMPLIANCE WITH MOTOR VEHICLE FINANCIAL SECURITY REQUIREMENTS, TO PROVIDE THE DIVISION OF MOTOR VEHICLES MUST CONTRACT WITH A DESIGNATED AGENT TO COMPILE THE NECESSARY INFORMATION FOR THE DATABASE FROM INSURERS' INFORMATION; AND TO AMEND SECTION 56-10-553, RELATING TO THE COLLECTION OF DATA BY THE DEPARTMENT OF PUBLIC SAFETY BY THE USE OF RANDOM SAMPLING, SO AS TO ELIMINATE THE RANDOM SAMPLING PROCEDURE.
Referred to Committee on Labor, Commerce and Industry
S. 634 (Word version) -- Senators Wilson and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-305 SO AS TO PROVIDE THAT UPON RECEIVING PROPER AUTHORITY FROM THE UNITED STATES GOVERNMENT, THE MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY SHALL PROVIDE SELECTIVE SERVICE REGISTRATION FOR CERTAIN PERSONS AT THE TIME IT ISSUES, RENEWS, OR PROVIDES A DUPLICATE COPY OF A DRIVER'S LICENSE OR IDENTIFICATION CARD.
Referred to Committee on Education and Public Works
S. 718 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAX ALLOWED CERTAIN DEVELOPMENT PROJECTS, SO AS TO PROVIDE ADDITIONAL TIME FOR THE REQUIRED NEW INVESTMENT THRESHOLDS TO BE MET IN THE CASE OF A BUSINESS ELIGIBLE FOR THE FOUR PERCENT ASSESSMENT RATIO IN THE FEE AGREEMENT.
Referred to Committee on Ways and Means
S. 726 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 7-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BARNWELL COUNTY, SO AS TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. HOSEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 4245 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO COMMEND JOHN BENNETTE CORNWELL III, OF GREENVILLE, FOR HIS SERVICE AS A MEMBER OF THE LEGISLATIVE AUDIT COUNCIL FROM MAY 10, 1995 TO JUNE 30, 2001, AND TO RECOGNIZE THAT DURING HIS TERM ON THE COUNCIL, THIRTY-EIGHT AUDITS WERE PUBLISHED
The Resolution was adopted.
The following was introduced:
H. 4246 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO COMMEND HARRY C. "BUNT" WILSON, JR., OF SUMTER, FOR HIS SERVICE AS A MEMBER OF THE LEGISLATIVE AUDIT COUNCIL FROM MAY 10, 1995 TO JUNE 30, 2001, AND TO RECOGNIZE THAT DURING HIS TERM ON THE COUNCIL, THIRTY-EIGHT AUDITS WERE PUBLISHED AND THE COUNCIL RECEIVED NATIONAL AWARDS FOR ITS WORK.
The Resolution was adopted.
The following was introduced:
H. 4247 (Word version) -- Rep. M. Hines: A CONCURRENT RESOLUTION TO COMMEND AND HONOR RUTH DELORIS CARSON OF FLORENCE, SOUTH CAROLINA, UPON HER RETIREMENT AS HOUSING MANAGER OF THE PELICAN HOUSE AND TO WISH HER THE BEST OF LUCK IN HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 737 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE STATE OF SOUTH CAROLINA AND ITS GENERAL ASSEMBLY AT THE DEATH OF FORMER LIEUTENANT GOVERNOR NANCY STEVENSON, AND MEMORIALIZING HER MANY AND VARIED CONTRIBUTIONS TO THIS STATE, BOTH AS A PUBLIC SERVANT AND AS A WOMAN.
Whereas, the former Charleston resident lived her final days as gracefully as she had lived the rest of her life; and
Whereas, she was the first woman to hold a statewide elected public office in South Carolina; and
Whereas, that elected public life began as a Representative from her beloved Charleston to the House of Representatives, where she served with distinction for the 1975-78 term; and
Whereas, she was elected Lieutenant Governor of the State of South Carolina November 7, 1978; and
Whereas, during that tenure she established the PAL Hotline, an informational line for the citizens of South Carolina to inquire about state government services; and
Whereas, she also was involved in promoting state governmental efficiency and rewarding state employees whose practices attained that result; and
Whereas, as a published author herself, and a former journalist for the New York Herald Tribune, she deeply appreciated the power of the written word, she began the Lieutenant Governor's writing competition that flourishes even today; and
Whereas, she aspired to and reached personal and professional goals that had too often been outside the visions and possibilities for women of her generation; and
Whereas, she inspired and carved a path for many of the women who are in public service today, each of whom can display proudly the T-shirt bearing her image and the slogan "Not one of the good old boys!"; and
Whereas, the State of South Carolina owes a debt of gratitude and a moment of remembrance for its former servant. Now, therefore,
That the members of the General Assembly do hereby express the sorrow of the State of South Carolina at the death of former Lieutenant Governor Nancy Stevenson, and memorialize her many and varied contributions to this State, both as a public servant and as a woman.
Be it further resolved that a copy of this resolution be forwarded to the family of Lieutenant Governor Nancy Stevenson.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Allison Altman Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, R. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Owens
Perry Phillips Quinn Rhoad Rice Riser Rivers Robinson Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Stille Stuart Talley Taylor Thompson Townsend Tripp Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Young, A. Young, J.
I came in after the roll call and was present for the Session on Tuesday, June 5.
Karl Allen Joe Brown David Mack John J. Snow Teddy Trotter Marty Coates James Klauber Anne Parks
The SPEAKER granted Rep. NEILSON a leave of absence for the week due to a car accident.
The SPEAKER granted Rep. WITHERSPOON a leave of absence for the day due to surgery.
Reps. HUGGINS, QUINN and RISER presented to the House the Irmo Middle School Junior High and Middle School Concert Bands for receiving the Sudler Cup, the most prestigious international award given by the John Philip Sousa Foundation.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:
H. 4210 (Word version) -- Reps. Haskins, Wilkins and Townsend: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF EDUCATION TO NOTIFY SCHOOL DISTRICTS WHEN FEDERAL FUNDING IS AVAILABLE UNDER THE CHILDREN'S INTERNET PROTECTION ACT AND TO REQUIRE SCHOOL DISTRICTS TO APPLY FOR SUCH FUNDING, TO ADOPT INTERNET SAFETY POLICIES, AND TO CERTIFY TO THE DEPARTMENT THAT THEY HAVE COMPLIED WITH THE REQUIREMENTS OF THIS JOINT RESOLUTION.
Rep. WALKER moved to adjourn debate upon the following Bill until Wednesday, June 6, which was adopted:
H. 3678 (Word version) -- Reps. Rice and Whipper: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR REGISTERING A MOTOR VEHICLE, SO AS TO PROVIDE THAT A MOTOR VEHICLE DEALER MUST ISSUE A TEMPORARY LICENSE PLATE TO CERTAIN PURCHASERS OF NEW OR USED MOTOR VEHICLES, TO PROVIDE A DESCRIPTION OF THE TEMPORARY LICENSE PLATE AND ITS CONTENTS, TO PROVIDE THAT CERTAIN PERSONS WHO OBTAIN MOTOR VEHICLES FROM A PERSON OTHER THAN A DEALER MUST SUBMIT AN APPLICATION TO THE DEPARTMENT OF PUBLIC SAFETY FOR AN INTERIM LICENSE PLATE AND REGISTRATION CARD, TO PROVIDE A DESCRIPTION OF THE INTERIM LICENSE PLATE AND ITS CONTENTS, TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION; AND TO REPEAL SECTION 56-3-220, RELATING TO THE ATTACHMENT AND DISPLAY OF DEALER "SOLD" CARDS.
The following Bill was taken up:
S. 301 (Word version) -- Senator Fair: A BILL TO AMEND TITLE 17, CHAPTER 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
Rep. MCGEE proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11856AC01), which was adopted:
Amend the bill, as and if amended, by deleting Section 17-5-60 on page 3 and inserting:
/Section 17-5-60. The coroner shall must keep an a public office at the courthouse in his county which shall must have proper fixtures and in which he shall must keep his book of inquisitions.
The provisions of this section, as they relate to office space in the courthouse, shall not apply to Richland County.
Renumber sections to conform.
Amend totals and title to conform.
Rep. MCGEE explained the amendment.
The amendment was then adopted.
Rep. J. E. SMITH proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\AMEND\20772SD01), which was ruled out of order:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. (A) The provisions of this section are enacted to further enumerate the qualifications and identifying criteria persons must meet in order to obtain a marriage license.
(B) Section 20-1-220 of the 1976 Code, as last amended by Section 105, Part II, Act 100 of 1999, is further amended to read:
"Section 20-1-220. No marriage license may be issued unless a written application has been filed with the probate judge, or in
Rep. J. E. SMITH explained the amendment.
Rep. ALTMAN raised the Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. KNOTTS proposed the following Amendment No. 4 (Doc Name COUNCIL\SKB\AMEND\18628SOM01), which was tabled:
Amend the bill, as and if amended, in SECTION 1, page 4, line 28 by adding:
/ "Section 17-5-105. It is not considered dual office holding for the purposes of the Constitution of this State for a member of the General Assembly to exercise the duties of a deputy coroner under the direction of the coroner, if the legislator receives no compensation for his duties as a deputy coroner." /
Renumber sections to conform.
Amend title to conform.
Rep. KNOTTS explained the amendment.
Rep. STUART raised the Point of Order that Amendment No. 4 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. EASTERDAY moved to table the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. KNOTTS asked unanimous consent to recall S. 253 (Word version) from the Committee on Judiciary.
Rep. SCOTT objected.
Rep. VAUGHN asked unanimous consent to recall S. 511 (Word version) from the Committee on Ways and Means.
Rep. SCOTT objected.
Rep. LIMEHOUSE asked unanimous consent to recall H. 4235 (Word version) from the Committee on Judiciary.
Rep. G. M. SMITH objected.
Rep. SHARPE asked unanimous consent to recall S. 699 (Word version) from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. KNOTTS objected.
Rep. FLEMING asked unanimous consent to recall H. 3965 (Word version) from the Committee on Judiciary.
Rep. SCOTT objected.
On motion of Rep. HOSEY, with unanimous consent, the following Joint Resolution was ordered recalled from the Barnwell Delegation:
Rep. MERRILL moved to reconsider the vote whereby the following Bill was given a second reading:
H. 3670 (Word version) -- Reps. McLeod, Harrison, Bales, Townsend, J. Brown, Wilder, Carnell, Kirsh, Meacham-Richardson, Cobb-Hunter, Koon, Frye, J. R. Smith, Littlejohn, Allen, Clyburn, Davenport, Delleney, Govan, Harvin, Hosey, Jennings, Kennedy, Limehouse, Lourie, Lucas, McCraw, Moody-Lawrence, J. H. Neal, Phillips, Rhoad, Rice, Riser, Rivers, Robinson, Scott, Simrill, J. E. Smith, Stille, Stuart and Weeks: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 24 SO AS TO ENACT THE "JOINT AGENCY ACT" AND TO PROVIDE FOR COUNTIES, MUNICIPALITIES, SCHOOL DISTRICTS, SPECIAL PURPOSE DISTRICTS, AND OTHER POLITICAL SUBDIVISIONS OF THE STATE JOINTLY TO UNDERTAKE THE ACQUISITION AND FINANCING OF PROJECTS, SYSTEMS, OR PROGRAMS, TO PROVIDE FOR THE CREATION OF JOINT AGENCIES FOR THAT JOINT PURPOSE BY SPECIFYING THEIR METHOD OF FORMATION, THEIR MEMBERSHIP, AND THE METHOD OF THEIR GOVERNANCE, TO PROVIDE FOR THE POWERS OF JOINT AGENCIES, INCLUDING THEIR RELATIONSHIPS, CONTRACTUAL AND OTHERWISE, AND THOSE OF THEIR MEMBERS, AND TO PROVIDE FOR FINANCING OF UNDERTAKINGS OF JOINT AGENCIES AND THE OBLIGATIONS OF THEIR MEMBERS IN CONNECTION WITH THE FINANCING.
Rep. SCOTT moved to table the motion to reconsider.
Those who voted in the affirmative are:
Bales Battle Breeland Brown, G. Brown, J. Brown, R. Cobb-Hunter Coleman Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Jennings Kennedy Kirsh Lloyd Lourie Miller Moody-Lawrence Neal, J.M. Ott Phillips Rhoad Rivers Scott Sharpe Sheheen Smith, J.E. Snow Stuart Webb Weeks Wilder
Those who voted in the negative are:
Allen Altman Barrett Bingham Campsen Cato Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Knotts Koon Law Leach Lee Limehouse Littlejohn Loftis Lucas Martin McGee Meacham-Richardson Merrill Owens Perry Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Stille Talley
Taylor Thompson Townsend Tripp Trotter Vaughn Walker Whatley White Wilkins Young, A. Young, J.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. J. R. SMITH moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:
S. 557 (Word version) -- Senators Matthews, Patterson, Hutto, Saleeby, Land, O'Dell, Jackson, Ford, Glover and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-127-85 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY TO ENTER INTO A GROUND LEASE AGREEMENT WITH A PRIVATE ENTITY FOR PROVIDING ALL SERVICES NECESSARY TO THE CREATION AND OPERATION OF AN ON-CAMPUS STUDENT HOUSING FACILITY INCLUDING, BUT NOT LIMITED TO, FINANCING, DESIGNING, CONSTRUCTING, MANAGING, OPERATING, MAINTAINING, AND RELATED SERVICES, TO PROVIDE FOR THE TERMS AND CONDITIONS OF THIS GROUND LEASE AGREEMENT INCLUDING APPROVAL BY THE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL EVALUATE THE VIABILITY AND SUCCESS OF THIS GROUND LEASE AGREEMENT AUTHORIZATION FOR POSSIBLE IMPLEMENTATION STATEWIDE FOR ALL PUBLIC INSTITUTIONS OF HIGHER LEARNING WHICH PROVIDE ON-CAMPUS STUDENT HOUSING.
The motion period was dispensed with on motion of Rep. FLEMING.
The following Bill was taken up:
H. 3993 (Word version) -- Reps. Wilkins, Harrell, J. R. Smith and Kelley: A BILL TO AMEND SECTION 4-12-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF CERTAIN INDUCEMENT LEASE AGREEMENTS IN CONNECTION WITH PROPERTY QUALIFYING FOR A FEE IN LIEU OF PROPERTY TAXES, SO AS TO PROVIDE GUIDELINES FOR THE QUALIFICATION OF A SPONSOR AND SPONSOR AFFILIATE FOR THE FOUR PERCENT FEE AND TO PROVIDE FOR THE TIME PERIODS FOR EXECUTION OF THE MILLAGE RATE AGREEMENT AND FOR COMPUTATION OF THE APPLICABLE CUMULATIVE PROPERTY TAX MILLAGE, AND TO PROVIDE FOR ALTERNATIVE DETERMINATION OF THE MILLAGE RATE; TO AMEND SECTION 4-29-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF INDUSTRIAL DEVELOPMENT PROJECTS REQUIRING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO DEFINE CERTAIN TYPES OF INVESTORS; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO INDUSTRIAL DEVELOPMENT PROJECTS REQUIRING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO PROVIDE FOR INVESTORS AND INVESTOR AFFILIATES, TO PROVIDE GUIDELINES FOR THEIR QUALIFICATION FOR THE FOUR PERCENT FEE, TO PROVIDE FOR TIME PERIODS FOR EXECUTING THE MILLAGE RATE AGREEMENT AND FOR COMPUTATION OF THE APPLICABLE CUMULATIVE PROPERTY TAX MILLAGE, TO PROVIDE FOR ALTERNATIVE DETERMINATION OF THE MILLAGE RATE, AND TO MAKE
The Ways and Means Committee proposed the following Amendment No. 13 (Doc Name COUNCIL\BBM\AMEND\ 10403HTC01):
Amend the bill, as and if amended, SECTION 5, page 8, by striking Section 4-29-67(C)(2)(d) and inserting:
/ (d) For purposes of those businesses qualifying under pursuant to Section 4-29-67(D)(4), the five-year period referred to in this subsection is eight years and the seven-year period is ten years. However, for those businesses which, after qualifying under Section 4-29-67(D)(4), have more than five hundred million dollars in capital invested in this State and employ more than one thousand people in this State, the five-year period referred to in this subsection is ten years, and the ten-year extended period referred to in the previous sentence is fifteen years."/
Amend further, SECTION 5, beginning on page 8, by striking Section 4-29-67(C)(3) and inserting:
/ (3) The annual fee provided by subsection (D)(2) is available for no more than twenty years. For projects which are completed and placed in service during a period of more than one year, each year's investment may be subject to the fee in subsection (D)(2) for twenty years to a maximum total of twenty-seven years for the fee for a single project which has been granted an extension. For those businesses qualifying under pursuant to subsection (D)(4), the annual fee is available for no more than thirty years and for those projects placed in service in more than one year the annual fee is available for a maximum of thirty-seven years forty years or, for those businesses qualifying for the fifteen-year extended period, forty-five years." /
/ (i) by the county, which must not be lower than the a cumulative property tax millage rate legally levied by or on behalf of all millage levying entities within which the project is to be located, which is the cumulative rate that is applicable during the period beginning on the thirtieth day of June preceding the calendar year in which the fee agreement is executed and ending on the date the initial lease agreement is executed; or" /
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. R. SMITH explained the amendment.
Rep. J. R. SMITH moved that the House recede until 2:45 p.m., which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 1.
At 2:45 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following was received:
Columbia, S.C., June 5, 2001
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 2:50 p.m. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. RICE the invitation was accepted.
At 2:50 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R94, S. 87 (Word version)) -- Senators Ravenel, Branton, Passailaigue, McGill, Mescher and Elliott: AN ACT TO AMEND SECTION 50-11-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO HUNT FROM A PUBLIC ROAD OR RAILROAD RIGHT-OF-WAY IF THE PERSON DOES NOT HAVE PERMISSION TO HUNT THE LAND IMMEDIATELY ADJACENT TO THE PUBLIC ROAD OR RAILROAD RIGHT-OF-WAY; TO PROVIDE DEFINITIONS OF "HUNTING", "POSSESSING", "CARRYING", "HAVING READILY ACCESSIBLE", AND "LOADED" FOR PURPOSES OF THIS SECTION; TO PROVIDE "POSSESSING", "CARRYING", AND "HAVING READILY ACCESSIBLE" DO NOT INCLUDE A CENTERFIRE RIFLE OR SHOTGUN CONTAINED IN A CLOSED COMPARTMENT, A CLOSED VEHICLE TRUNK, OR A VEHICLE TRAVELING ON A PUBLIC ROAD; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
(R95, S. 130 (Word version)) -- Senator Holland: A JOINT RESOLUTION TO MAKE RETROACTIVE PAYMENTS OF OUTSTANDING VOUCHERS IN THE OFFICE OF INDIGENT DEFENSE'S APPELLATE CONFLICT FUND FROM JULY 1, 1993, THROUGH JULY 31, 2000, FOR TOTAL REIMBURSEMENT NOT EXCEEDING THIRTY-FIVE THOUSAND DOLLARS, AND TO PROVIDE THAT REQUESTS FOR COMPENSATION MUST BE SUBMITTED NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS PROVISION.
(R96, S. 147 (Word version)) -- Senators Hawkins, Waldrep and Ritchie: AN ACT TO AMEND SECTION 48-1-320, CODE OF LAWS OF SOUTH
(R97, S. 211 (Word version)) -- Senator Ryberg: AN ACT TO AMEND SECTION 56-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD OF TIME IN WHICH A PERSON MAY HAVE A CHARGE OF DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE DISMISSED; TO AMEND SECTION 56-10-225, AS AMENDED, RELATING TO MAINTAINING PROOF IN A REGISTERED MOTOR VEHICLE AT ALL TIMES THAT THE MOTOR VEHICLE IS INSURED, SO AS TO REVISE THE TIME PERIOD IN WHICH A PERSON CHARGED WITH FAILING TO MAINTAIN PROOF THAT A MOTOR VEHICLE IS INSURED MAY HAVE THE CHARGE DISMISSED.
(R98, S. 248 (Word version)) -- Senators Martin, Leventis, Gregory, Branton and Alexander: AN ACT TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARINE RESOURCES ACT, BY ADDING SECTION 50-5-1340 SO AS TO PROVIDE THAT IS UNLAWFUL TO USE CRAB POTS FOR COMMERCIAL PURPOSES IN LITTLE CHECHESSEE CREEK IN BEAUFORT COUNTY; TO AMEND SECTION 50-11-2200, AS AMENDED, RELATING TO WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF LAND OWNED BY THE DEPARTMENT; TO PROVIDE THAT HUNTING, FISHING, BAG AND CREEL LIMITS, HIKING, ROCK CLIMBING, OPERATION OF MOTORIZED AND NONMOTORIZED VEHICLES, SWIMMING, CAMPING, HORSE RIDING, OPERATION OF BOATS, POSSESSION OF PETS, GATHERING PLANTS, USE OF FIRE, POLLUTING WATER, ACTING IN A DISORDERLY MANNER, AND OPERATING OR USING AUDIO DEVICES OR ANY OTHER NOISE PRODUCING
(R99, S. 249 (Word version)) -- Senator Gregory: AN ACT TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-24 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL IN THE GILLS CREEK WATERSHED IN LANCASTER COUNTY WITHIN TWO HUNDRED YARDS OF A DWELLING WITHOUT THE WRITTEN PERMISSION OF THE OWNER OR OCCUPANT AND PROVIDE PENALTIES FOR VIOLATION.
(R100, S. 315 (Word version)) -- Senator Thomas: AN ACT TO AMEND TITLE 24, CHAPTER 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS CONFINED WITHIN THE DEPARTMENT OF CORRECTIONS, BY ADDING ARTICLE 20 SO AS TO ESTABLISH THE OFFENDER EMPLOYMENT PREPARATION PROGRAM WHICH REQUIRES THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO COORDINATE ITS EFFORTS WITH THE EMPLOYMENT SECURITY COMMISSION, DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, THE DEPARTMENT OF VOCATIONAL REHABILITATION, THE ALSTON WILKES SOCIETY, AND OTHER PRIVATE SECTOR ENTITIES THROUGH A MEMORANDUM OF UNDERSTANDING TO ASSIST INCARCERATED INDIVIDUALS IN PREPARING FOR MEANINGFUL EMPLOYMENT UPON THEIR RELEASE FROM CONFINEMENT; AND TO AMEND TITLE 43, CHAPTER 31, RELATING TO THE STATE'S PROVISIONS OF VOCATIONAL REHABILITATION, BY ADDING SECTION 43-31-160 SO AS TO
(R101, S. 318 (Word version)) -- Senator Gregory: AN ACT TO AMEND CHAPTER 13, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF FISH, BY ADDING SECTION 50-13-237 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HARVEST STRIPED BASS AND STRIPED BASS HYBRIDS IN THE SAVANNAH RIVER FROM THE AUGUSTA DIVERSION DAM DOWNSTREAM TO FIELDS CUT AND THE ATLANTIC INTRACOASTAL WATERWAY, AND TO PROVIDE FOR THE EXPIRATION OF THE HARVEST RESTRICTION.
(R102, S. 339 (Word version)) -- Senators Ryberg, Grooms, Branton, Waldrep, Fair, Thomas, Leatherman, Wilson, Hayes, Giese, Gregory and Verdin: AN ACT TO AMEND SECTION 44-23-1150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF A STATE OR LOCAL GOVERNMENT EMPLOYEE HAVING SEXUAL INTERCOURSE WITH A PATIENT OR TRAINEE OF A MENTAL HEALTH FACILITY OR AN INMATE OF A CORRECTIONAL FACILITY SO AS TO BROADEN THE SCOPE OF THE STATUTE TO COVER SUPERVISORY SITUATIONS OUTSIDE OF AN INSTITUTION, TO PROVIDE DEFINITIONS, TO PROVIDE AN OFFENSE OF SEXUAL MISCONDUCT, SECOND DEGREE, THAT DOES NOT INCLUDE INTERCOURSE, TO PROVIDE AN OFFENSE OF FALSELY REPORTING SEXUAL MISCONDUCT, AND TO PROVIDE A OFFENSE OF FAILURE TO REPORT KNOWLEDGE RECEIVED IN ONE'S PROFESSIONAL CAPACITY OF SEXUAL MISCONDUCT.
(R103, S. 390 (Word version)) -- Senator Reese: AN ACT TO ENACT THE "SOUTH CAROLINA FIREFIGHTERS EMPLOYMENT AND REGISTRATION ACT" INCLUDING PROVISIONS TO AMEND
(R104, S. 459 (Word version)) -- Senator Martin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-470 SO AS TO AUTHORIZE A COUNTY BOARD OF REGISTRATION TO USE OTHER MEANS OF VOTING ABSENTEE INSTEAD OF BY PAPER BALLOT IF CERTIFIED BY THE STATE ELECTION COMMISSION AND TO AUTHORIZE THE COMMISSION TO ESTABLISH STANDARDS AND GUIDELINES TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
(R105, S. 469 (Word version)) -- Senators Martin, Fair and McConnell: AN ACT TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-5 SO AS TO ABROGATE THE COMMON LAW "YEAR-AND-A-DAY RULE" IN THIS STATE AND PROVIDE THAT A PERSON CAUSING BODILY INJURY RESULTING IN DEATH IS NOT CRIMINALLY RESPONSIBLE AND MUST NOT BE PROSECUTED FOR HOMICIDE IF THREE YEARS INTERVENE BETWEEN THE INJURY AND THE DEATH OF THE VICTIM; TO AMEND SECTION 50-21-115, AS AMENDED, RELATING TO RECKLESS HOMICIDE BY OPERATION OF A BOAT, SO AS TO DELETE LANGUAGE REQUIRING DEATH TO HAVE OCCURRED WITHIN ONE YEAR AS A PROXIMATE RESULT OF AN INJURY AND PROVIDE THAT A PERSON CAUSING BODILY INJURY RESULTING IN DEATH BY OPERATION OF A BOAT IS NOT CRIMINALLY RESPONSIBLE AND MUST NOT BE PROSECUTED FOR RECKLESS HOMICIDE IF THREE YEARS INTERVENE BETWEEN THE INJURY AND THE DEATH OF THE VICTIM; TO AMEND SECTION 56-5-2910, RELATING TO RECKLESS HOMICIDE BY DRIVING A VEHICLE, SO AS TO DELETE LANGUAGE REQUIRING DEATH TO HAVE OCCURRED WITHIN ONE YEAR AS A PROXIMATE CAUSE RESULT OF AN INJURY AND PROVIDE THAT A PERSON CAUSING BODILY INJURY BY DRIVING A VEHICLE RESULTING IN DEATH IS NOT CRIMINALLY RESPONSIBLE AND MUST NOT BE PROSECUTED FOR RECKLESS HOMICIDE IF THREE YEARS INTERVENE BETWEEN THE INJURY AND THE DEATH OF THE VICTIM.
(R106, S. 488 (Word version)) -- Senator Ryberg: AN ACT TO AMEND SECTION 16-23-250, AS AMENDED, CODE OF LAWS OF SOUTH
(R107, S. 489 (Word version)) -- Senator McConnell: AN ACT TO AMEND SECTION 16-23-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGING FIREARMS AT OR INTO DWELLINGS OR OCCUPIED STRUCTURES, SO AS TO ADD A PROHIBITION AGAINST DISCHARGING FIREARMS AT OR INTO ANY VEHICLE, AIRCRAFT, WATERCRAFT, OR OTHER CONVEYANCE, DEVICE, OR EQUIPMENT WHILE IT IS OCCUPIED.
(R108, S. 492 (Word version)) -- Senators McConnell and Giese: AN ACT TO AMEND SECTION 23-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO PROVIDE A SAMPLE FOR THE STATE DNA DATABASE, SO AS TO PROVIDE THAT PERSONS CONVICTED OF BURGLARY, SECOND DEGREE MUST PROVIDE A SAMPLE FOR THE STATE DNA DATABASE.
(R109, S. 570 (Word version)) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING COMMUNITY RESIDENTIAL CARE FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2541, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R110, S. 576 (Word version)) -- Senators Bauer, Ravenel, Grooms, McGill, Branton, Elliott, Peeler, Giese, Leventis, Mescher, McConnell, Short, Courson, Leatherman, Setzler, Wilson, Holland, Ryberg, Reese, Martin, Verdin, Gregory, Thomas, Ritchie, Richardson and Moore: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
(R111, S. 585 (Word version)) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, RELATING TO CRIMINAL JUSTICE INFORMATION SYSTEM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2533, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R112, S. 627 (Word version)) -- Senator Saleeby: AN ACT TO PROVIDE FOR THE BUDGET AND TAX LEVIES OF FLORENCE COUNTY SCHOOL DISTRICT FOUR, AND TO PROVIDE FOR THE MANNER OF ELECTION OF THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT FOUR; AND TO PROVIDE THAT FLORENCE COUNTY SCHOOL DISTRICT FOUR IS EXEMPTED FROM THE REQUIREMENTS OF ACT 806 OF 1952, AS AMENDED, RELATING TO THE ELECTION OF SCHOOL BOARD TRUSTEES, BUDGETS, AND APPROVAL OF TAX LEVIES.
(R113, S. 713 (Word version)) -- Senators Verdin and O'Dell: AN ACT TO INCLUDE WITHIN ANDERSON SCHOOL DISTRICT NO. 2 IN ANDERSON COUNTY A CERTAIN AREA OF GREENVILLE COUNTY.
(R114, H. 3290 (Word version)) -- Reps. Walker, Allen, Allison, Bales, Barfield, Barrett, Battle, Breeland, G. Brown, J. Brown, R. Brown, Cato, Clyburn, Cobb-Hunter, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hosey, Howard, Jennings,
(R115, H. 3516 (Word version)) -- Rep. Altman: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND RECOMMENDATIONS FOR APPOINTMENTS FOR BOARDS AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING
(R116, H. 3529 (Word version)) -- Reps. Stille, Townsend, Carnell, Allison, Littlejohn, Sandifer and Walker: AN ACT TO AMEND SECTION 59-4-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM, SO AS TO REVISE THE DEFINITION OF "TUITION"; TO AMEND SECTION 59-4-40, AS AMENDED, RELATING TO THE REVOLVING FUND UNDER THE TUITION PAYMENT PROGRAM, SO AS TO PROVIDE THAT THE CONTENTS OF THE REVOLVING FUND, INCLUDING ANY RIGHT OF REFUND OR ANY OTHER RIGHT ACCRUED BY A PERSON IN THE FUND ARE EXEMPT FROM LEGAL PROCESS AND ARE UNASSIGNABLE, AND TO FURTHER PROVIDE FOR THE INVESTING OF MONIES IN THE FUND; TO AMEND SECTION 12-6-1140, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA INDIVIDUAL TAXABLE INCOME AND TO AMEND SECTION 59-4-100, RELATING TO TAX LIABILITY IN REGARD TO THE TUITION PREPAYMENT PROGRAM, SO AS TO PERMIT THE DEDUCTION FROM SOUTH CAROLINA INCOME OF CONTRIBUTIONS TO THE PROGRAM; AND TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 2 SO AS TO CREATE THE SOUTH CAROLINA COLLEGE INVESTMENT PROGRAM (SCCIP) TO ESTABLISH A COLLEGE INVESTMENT PLAN FOR QUALIFIED HIGHER EDUCATIONAL EXPENSES; TO PROVIDE THAT THE OFFICE OF STATE TREASURER SHALL MANAGE THE PROGRAM, TO PROVIDE FOR THE MANNER IN WHICH THE PROGRAM SHALL OPERATE; TO PROVIDE FOR AND DEFINE INVESTMENT TRUST AGREEMENTS; TO PROVIDE THAT CONTRIBUTIONS TO AN INVESTMENT TRUST AGREEMENT ARE DEDUCTIBLE FROM SOUTH CAROLINA INCOME SUBJECT TO TAX UP TO SPECIFIED LIMITS; AND PROVIDE FOR RELATED MATTERS.
(R117, H. 3624 (Word version)) -- Reps. Rodgers, Gilham, Lloyd and Rivers: AN ACT TO PROVIDE THAT THE BEAUFORT COUNTY BOARD OF EDUCATION HAS THE AUTHORITY TO SET THE ANNUAL SALARY AND PER DIEM FOR ITS MEMBERS AFTER CONSIDERATION OF THE ISSUE AT THREE PUBLIC
(R118, H. 3696 (Word version)) -- Rep. Harrison: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO ONE MILLION ONE HUNDRED SEVENTY-TWO THOUSAND SEVEN HUNDRED AND NINETY-FIVE DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR THE PURPOSE OF DESIGNING AND ACQUIRING AN UNEMPLOYMENT TAX ACCOUNTING SYSTEM FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION.
(R119, H. 4020 (Word version)) -- Reps. Frye and Parks: AN ACT TO AUTHORIZE THE SCHOOL DISTRICT OF SALUDA COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
(R120, H. 4062 (Word version)) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN INCREASE IN THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, AND ENDING JUNE 30, 2002.
(R121, H. 4095 (Word version)) -- Reps. Robinson, Rice, Trotter and Webb: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED BY THE STUDENTS OF EASLEY AND DACUSVILLE AREA SCHOOLS ON APRIL 26, 2001, NAMELY BY STUDENTS
(R122, H. 4146 (Word version)) -- Reps. Sinclair, Allison, Delleney, Lee, Littlejohn and Walker: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD EFFECTIVE JULY 1, 2001, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN WOODRUFF, SOUTH CAROLINA, TO THE CITY OF WOODRUFF.
At 3:00 p.m. the House resumed, the SPEAKER in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1:
H. 3993 (Word version) -- Reps. Wilkins, Harrell, J. R. Smith and Kelley: A BILL TO AMEND SECTION 4-12-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF CERTAIN INDUCEMENT LEASE AGREEMENTS IN CONNECTION WITH PROPERTY QUALIFYING FOR A FEE IN LIEU OF PROPERTY TAXES, SO AS TO PROVIDE GUIDELINES FOR THE QUALIFICATION OF A SPONSOR AND SPONSOR AFFILIATE FOR THE FOUR PERCENT FEE AND TO PROVIDE FOR THE TIME PERIODS FOR EXECUTION OF THE MILLAGE RATE AGREEMENT AND FOR COMPUTATION OF THE APPLICABLE CUMULATIVE PROPERTY TAX MILLAGE, AND TO PROVIDE FOR ALTERNATIVE DETERMINATION OF THE MILLAGE RATE; TO AMEND SECTION 4-29-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF INDUSTRIAL DEVELOPMENT PROJECTS REQUIRING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO DEFINE CERTAIN TYPES OF
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 10403HTC01), which was adopted:
Amend the bill, as and if amended, SECTION 5, page 8, by striking Section 4-29-67(C)(2)(d) and inserting:
/ (d) For purposes of those businesses qualifying under pursuant to Section 4-29-67(D)(4), the five-year period referred to in this subsection is eight years and the seven-year period is ten years. However, for those businesses which, after qualifying under Section 4-29-67(D)(4), have more than five hundred million dollars in capital invested in this State and employ more than one thousand people in this State, the five-year period referred to in this subsection is ten years, and the ten-year extended period referred to in the previous sentence is fifteen years."/
Amend further, SECTION 5, beginning on page 8, by striking Section 4-29-67(C)(3) and inserting:
/ (3) The annual fee provided by subsection (D)(2) is available for no more than twenty years. For projects which are completed and
/ (i) by the county, which must not be lower than the a cumulative property tax millage rate legally levied by or on behalf of all millage levying entities within which the project is to be located, which is the cumulative rate that is applicable during the period beginning on the thirtieth day of June preceding the calendar year in which the fee agreement is executed and ending on the date the initial lease agreement is executed; or" /
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. R. SMITH spoke in favor of the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Bales Barfield Barrett Battle Bingham Breeland Brown, G. Campsen Cato Chellis Clyburn Coleman Cotty Dantzler Delleney Easterday Edge Fleming Freeman Frye Gilham Gourdine Harrell Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Keegan Kelley Kennedy Klauber
Knotts Koon Leach Lloyd Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.M. Ott Owens Parks Perry Quinn Rhoad Rice Riser Robinson Rodgers Scarborough Scott Sharpe Sheheen Simrill Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Stille Stuart Taylor Thompson Townsend Tripp Trotter Walker Webb Weeks White Wilder Wilkins Young, A. Young, J.
Those who voted in the negative are:
Davenport Hamilton Kirsh Littlejohn Rivers Talley
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. J. R. SMITH moved to adjourn debate upon the following Bill until Tuesday, January 8, 2002, which was adopted:
H. 4052 (Word version) -- Reps. Wilkins, Harrell, J. R. Smith and Robinson: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAX ALLOWED CERTAIN DEVELOPMENT PROJECTS, SO AS TO PROVIDE ADDITIONAL TIME FOR THE REQUIRED NEW INVESTMENT THRESHOLDS TO BE MET IN THE CASE OF A BUSINESS ELIGIBLE FOR THE
The following Bill was taken up:
H. 3167 (Word version) -- Reps. J. Young, Davenport, Vaughn, Sandifer, Whatley, Simrill, Altman, Robinson, Loftis, White and Lourie: A BILL TO ENACT THE "SOUTH CAROLINA EXILE ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE INCREASED PENALTIES FOR AN OFFENDER WITH A PREVIOUS CONVICTION FOR A VIOLENT CRIME; TO AMEND SECTION 16-23-490, AS AMENDED, RELATING TO PENALTIES FOR POSSESSION OF A FIREARM DURING COMMISSION OF A VIOLENT CRIME, SO AS TO PROVIDE A SEPARATE OFFENSE FOR THE POSSESSION OF A FIREARM DURING AN OFFENSE INVOLVING A CONTROLLED SUBSTANCE AND TO PROVIDE A SEPARATE, MANDATORY MINIMUM TERM OF IMPRISONMENT UPON CONVICTION; TO AMEND SECTION 17-15-10, RELATING TO BAIL AND RECOGNIZANCE, SO AS TO ADD OTHER CONDITIONS OF RELEASE AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-15, RELATING TO THE DEPOSIT OF CASH PERCENTAGE IN LIEU OF BOND, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-30, RELATING TO THE COURT'S CONSIDERATION OF CERTAIN FACTORS WHEN MAKING A BAIL DECISION, SO AS TO PROVIDE ADDITIONAL FACTORS AND TO REQUIRE THE COURT TO CONSIDER EACH FACTOR WHEN MAKING ITS DECISION; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS, SO AS TO PROVIDE ADDITIONAL OFFENSES FOR WHICH THE MAGISTRATE MAY DENY BAIL AND TO REQUIRE THE MAGISTRATE TO OBTAIN, WHEN FEASIBLE, THE PERSON'S CRIMINAL HISTORY FROM THE ARRESTING LAW ENFORCEMENT AGENCY BEFORE CONDUCTING THE BOND HEARING AND TO PROVIDE A DEFINITION OF CRIMINAL HISTORY.
"(c) The term "crime of violence" means murder, manslaughter (except negligent manslaughter arising out of traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to kill, commit rape, or rob, assault with a dangerous weapon, or assault with intent to commit any offense punishable by imprisonment for more than one year. The term 'crime of violence' means any offense listed in Section 16-1-60 and includes any similar offense as defined by any jurisdiction or court of the United States, the several states, commonwealths, territories, possessions, or District of Columbia."
SECTION 3. Section 6-23-50(A)(1) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(A)(1) A person, including a dealer, who violates the provisions of this article, except Section 16-23-20, is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both. However, a person who violates the provisions of this article, except Section 16-23-20, and who was previously convicted of a crime of violence, as defined in Section 16-23-10(c), upon conviction, must be sentenced to a mandatory minimum term of imprisonment of five years, no part of which may be suspended or probation granted, in addition to the punishment provided for the principal offense. A person sentenced to a mandatory minimum term of imprisonment pursuant to this section is not eligible for parole or any early release program; nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory minimum term of imprisonment required by this section."
SECTION 4. Section 16-23-490 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(A)(1) If a person is in possession of a firearm whether on his person or within his immediate access, or visibly displays what appears to be affirmatively represents that he is in possession of a firearm or visibly displays a knife during the commission of a violent crime and is
(2) If a person is in possession of a firearm whether on his person or within his immediate access, or affirmatively represents that he is in possession of a firearm or visibly displays a knife during the commission or attempted commission of the unlawful manufacture, sale, or distribution of a controlled substance, or during the possession of a controlled substance with the intent to distribute as defined in Sections 44-53-370 and 44-53-375, he must be sentenced to a mandatory minimum term of imprisonment of five years, no part of which may be suspended or probation granted, in addition to the punishment provided for the principal offense.
(B) Service of the five-year sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime. A person sentenced to a mandatory minimum term of imprisonment pursuant to this section is not eligible for parole or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory minimum term of imprisonment required by this section. The court may must impose this mandatory five-year sentence to run consecutively or concurrently. to the sentence imposed for the principal offense.
(C) The person sentenced under this section is not eligible during this five-year period for parole, work release, or extended work release. The five years may not be suspended and the person may not complete his term of imprisonment in less than five years pursuant to good-time credits or work credits, but may earn credits during this period.
(D)(C) As used in this section, 'firearm' means any machine gun, automatic rifle, revolver, pistol, or any weapon which will, can, or is capable of or is designed to, or may readily be converted to expel a projectile; 'knife' means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.
(E)(D)(1) The additional punishment penalties may must not be imposed unless the indictment alleged as a separate count that:
(a) the person was in possession of a firearm or visibly displayed what appeared to be a firearm whether on his person or within his immediate access, or affirmatively represents that he is in possession of a firearm or visibly displays a knife during the commission of the violent crime and conviction was had upon this the person was convicted of this separate count in the indictment.;or
(b) the person was in possession of a firearm whether on his person or within his immediate access, or affirmatively represents that he is in possession of a firearm or visibly displays a knife during the commission or attempted commission of the unlawful manufacture, sale, or distribution of a controlled substance, or during the possession of a controlled substance with the intent to distribute as defined in Sections 44-53-370 and 44-53-375 and the person was convicted on this separate count in the indictment.
(2) The penalties prescribed in this section may subsection (A)(1) must not be imposed unless the person convicted was at the same time indicted for and convicted of a violent crime as defined in Section 16-1-60.
The penalties prescribed in subsection (A)(2) must not be imposed unless the person convicted was at the same time indicted for and convicted of the offense of unlawful manufacture, sale, or distribution of a controlled substance, or during the possession of a controlled substance with the intent to distribute as defined in Sections 44-53-370 and 44-53-375."
SECTION 5. If any provision of this act or its application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and, to this end, the provisions of this act are severable.
SECTION 6. This act takes effect upon approval by the Governor and applies to offenses committed on or after that date. A person arrested, charged, or indicted under those provisions of law amended by this act must be tried and sentenced as provided by the law in force at the time of the commission of the offense. /
Renumber sections to conform.
Amend title to conform.
Rep. J. YOUNG explained the amendment.
Rep. J. YOUNG moved to adjourn debate on the Bill until Wednesday, June 6, which was agreed to.
CONFERENCE REPORT
S. 496
The General Assembly, Columbia, S.C., June 4, 2001
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 496 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33, SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET PROCEEDS RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE FOR SPECIFIED PURPOSES FOR THE PROCEEDS;
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. The General Assembly finds that:
(1) net proceeds of lottery games conducted pursuant to this chapter must be used to support improvements and enhancements for educational purposes and programs as provided by the General Assembly and that the net proceeds must be used to supplement, not supplant, existing resources for educational purposes and programs;
(2) lottery games are an entrepreneurial enterprise and that the State shall create an instrumentality of the State and public body, corporate and politic, known as the South Carolina Lottery Commission, with the comprehensive and extensive powers as generally exercised by commissions engaged in entrepreneurial pursuits;
(3) lottery games must be operated and managed in a manner which ensures that the lottery is operated with integrity and dignity and free of political influence, maximizes the use of revenues, and provides continuing entertainment to the public;
(4) the South Carolina Lottery Commission must be accountable to the General Assembly and to the public through a system of audits and reports; and
(5) this act is not a bill appropriating money out of the State Treasury as contemplated by Section 21 of Article IV of the Constitution of this State and, therefore, is not subject to a line item or section objection or veto by the Governor. It is the intent of the General Assembly that this act merely specify the educational purposes and programs, and parameters, for funding by the General Assembly through the annual general appropriations bill or any bill appropriating monies for previous or current fiscal years.
SECTION 2. Title 59 of the 1976 Code is amended by adding:
South Carolina Education Lottery Act
Section 59-150-10. This chapter may be cited as the 'South Carolina Education Lottery Act'.
Section 59-150-20. As used in this chapter:
(1) 'Administrative expenses' means operating expenses, excluding amounts set aside for prizes, regardless of whether the prizes are claimed, and excluding amounts held as a fidelity fund pursuant to Section 59-150-170.
(2) 'Board' means the Board of Commissioners of the South Carolina Lottery Commission.
(3) 'Commission' means the South Carolina Lottery Commission.
(4) 'Educational purposes and programs' means educational expenses and scholarships as defined in Section 59-150-350(D).
(5) 'Executive director' means the Executive Director of the South Carolina Lottery Commission or his designee.
(6) 'Immediate family' means a person who is:
(a) a spouse;
(b) a child residing in the same household; or
(c) claimed as a dependent for income tax purposes.
(7) 'Lottery', 'lotteries', 'lottery game', or 'lottery games' means a game of chance approved by the General Assembly and operated pursuant to this chapter including, but not limited to, the lottery game categories of instant tickets, on-line lottery games and drawing numbers but excluding keno, pari-mutuel betting, and casino gambling as defined in this section. The operation of the lottery games excludes machines and lottery games, including video poker lottery games, prohibited by Sections 12-21-2710, 16-19-40, and 16-19-50. The access and use of an electronic or mechanical machine designed for a
As used in this item, 'casino gambling' means a location or business for the purpose of conducting unlawful gambling activities, but excluding the sale and purchase of lottery game tickets or shares; and 'pari-mutuel betting' means a method or system of wagering on actual races including races involving horses or dogs at tracks and the distribution of winnings by pools.
(8) 'Lottery retailer' means a person who sells lottery game tickets or shares on behalf of the South Carolina Lottery Commission pursuant to a contract.
(9) 'Lottery vendor' means a person who provides or proposes to provide goods or services to the South Carolina Lottery Commission pursuant to a procurement contract, but does not include an employee of the commission, a lottery retailer, or a state agency or instrumentality of the State. The term includes a corporation whose shares are traded publicly and which is the parent company of the contracting party in a procurement contract.
(10) 'Member' or 'members' means a Commissioner or Commissioners of the Board of the South Carolina Lottery Commission.
(11) 'Minority business' means a business which meets the definition of a socially and economically disadvantaged small business as described in Article 21, Chapter 35, Title 11, specifically a small business concern which:
(a) is at least fifty-one percent owned by one or more citizens of the United States who are determined to be socially and economically disadvantaged;
(b) in the case of a concern which is a corporation, at least fifty-one percent of all classes of voting stock of such corporation is owned by an individual determined to be socially and economically disadvantaged; or
(c) in the case of a concern which is a partnership, at least fifty-one percent of the partnership interest is owned by an individual or individuals determined to be socially and economically disadvantaged or whose management and daily business operations are controlled by individuals determined to be socially and economically disadvantaged. Those individuals must be involved in the daily management and operations of the business concerned.
'Small business' as used in this item means a business which meets the definition of a small business for purposes of the Small Business Administration, an agency of the United States.
(12) 'Net proceeds' means all revenue derived from the sale of lottery game tickets or shares and all other monies derived from the lottery games, less operating expenses and prizes.
(13) 'Operating expenses' means all costs of doing business including, but not limited to, prizes, commissions, and other compensation paid to a lottery retailer, advertising and marketing costs, rental fees, personnel costs, capital costs, depreciation of property and equipment, funds for compulsive gambling education and treatment, amounts held in or paid from a fidelity fund pursuant to Section 59-150-170, and other operating costs.
(14) 'Person' means an individual, corporation, partnership, unincorporated association, or other legal entity.
(15) 'Prize' means an award, gift, or anything of value regardless of whether there are conditions or restrictions attached to its receipt.
(16) 'Proceeds' means all lottery revenue derived from the sale of lottery game tickets or shares and all other monies derived from the lottery or received by the commission.
(17) 'Share' means an intangible interest in a lottery ticket, by way of assignment, contractual participation, or other claim or right.
(18) 'Ticket' means tangible evidence issued by the South Carolina Lottery Commission to provide participation in a lottery game.
Section 59-150-30. (A) There is created a commission to be known as the South Carolina Lottery Commission, which is deemed to be a public commission and an instrumentality of the State. The commission and its employees are subject to the South Carolina Consolidated Procurement Code, South Carolina Administrative Procedures Act, South Carolina Ethics Reform Act, and South Carolina Freedom of Information Act. Venue for the commission is in Richland County.
(B) Beginning in December 2004 and every three years thereafter, or by the request of five members of the House of Representatives or five members of the Senate, the Legislative Audit Council shall conduct a management performance audit of the commission. The cost of this audit is an operating expense of the commission.
Section 59-150-40. (A) The commission is governed by a board composed of nine members to be appointed as follows: three members
(B) A member must:
(1) be a resident of the State of South Carolina;
(2) not have been convicted of a felony offense or bookmaking or other form of unlawful gambling. A background investigation must be conducted on each board nominee. The commission shall pay for the cost of the investigation and may contract with the State Law Enforcement Division (SLED) or appropriate federal agency for the performance of the investigation;
(3) meet the qualifications for electors as provided in Section 7-5-120; and
(4) not have been an elected public official, as provided in Section 24, Article III, of the Constitution of this State and Section 2-1-100, for at least one year before appointment.
(C) In making appointments to the board, the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives, as appropriate, shall consider legal, financial, accounting, and marketing experience and race, gender, and other demographics factors to ensure nondiscrimination, inclusion, and representation of all segments of the State to the greatest extent possible.
(D) The members shall serve terms of three years, except that of the initial appointments the Governor shall appoint two members, each to serve a two-year term, and one member to serve a four-year term; the Speaker of the House of Representatives shall appoint three members, each to serve a two-year term, co-terminus with the Speaker; and the President Pro Tempore of the Senate shall appoint three members, each to serve an initial four-year term. A vacancy that occurs on the board must be filled by appointment by the Governor, the President Pro Tempore of the Senate, or the Speaker of the House of Representatives, as appropriate, for the remainder of the unexpired term.
(E) A member shall not serve on the board if he is an officer or employee of the commission or if he has an immediate family member employed by the commission.
(F) A member of the board may receive per diem, subsistence, and mileage at the rate provided by law for members of state boards, committees, and commissions.
(G) The board shall elect from their membership officers of the board, including the chair.
(H) The board may delegate to any one or more of its members or to the executive director of the commission those powers and duties it considers proper.
(I) A majority of members in office or at least five members, whichever is greater, constitutes a quorum for the transaction of business and for the exercise of a power or function of the commission.
(J) Action may be taken and motions and resolutions adopted by the board at a board meeting by affirmative vote of a majority of present and voting board members. This subsection does not relieve the board from the requirements of the South Carolina Freedom of Information Act.
(K) A vacancy in the membership of the board does not impair the right of the members to exercise all the powers and perform all the duties of the board.
(L) A member of the board shall not contribute to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office; to a political party, as defined in Section 8-13-1300(26); or to a committee, as defined in Section 8-13-1300(6). A member of the board who violates this section must be summarily dismissed.
(M) A member is appointed to the board for a term and may be removed from the board before the expiration of his term only as provided in Section 1-3-240(C).
Section 59-150-50. The board shall:
(1) approve, disapprove, amend, or modify the budget recommended by the executive director for the operation of the commission;
(2) approve, disapprove, amend, or modify the terms of procurements recommended by the executive director;
(3) hear appeals of hearings required by this chapter;
(4) promulgate regulations relating to the categories of lottery games and the conduct of lottery games pursuant to the Administrative Procedures Act and as specified in this chapter; and
(5) perform other functions specified by this chapter.
Section 59-150-60. (A) The commission has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter which are not in conflict with the Constitution and laws of this State and which generally are exercised
(1) sue and be sued in contract and in tort and to complain and defend in all courts;
(2) adopt and alter a corporate seal and symbol;
(3) promulgate regulations pursuant to the Administrative Procedures Act and adopt policies and procedures for the regulation of its affairs and the conduct of its business; to elect and prescribe the duties of officers and employees of the commission; and to perform other matters as the commission may determine;
(4) procure or to provide self-insurance;
(5) hold copyrights, trademarks, and service marks and enforce its rights with respect to them;
(6) organize, initiate, supervise, and administer the operation of the lottery as provided by this chapter and regulations promulgated relating to the categories of lottery games and the conduct of the games pursuant to the Administrative Procedures Act and to this chapter;
(7) enter into written agreements with one or more other states or sovereigns for the operation, participation in marketing, and promotion of a joint lottery or joint lottery games, subject to the Administrative Procedures Act and this chapter; but such marketing and promotion is subject to the restrictions on advertising and promotion provided in item (18) of this section;
(8) conduct necessary or appropriate market research, which may include an analysis of the demographic characteristics of the players of the lottery game and an analysis of advertising, promotion, public relations, incentives, and other aspects of communication;
(9) acquire or lease real property and make improvements on it and acquire by lease or by purchase personal property including, but not limited to, computers; mechanical, electronic, and on-line equipment and terminals; and intangible property including, but not limited to, computer programs, systems, and software. To achieve cost savings and efficiency, the commission shall use the telecommunications network service of the Budget and Control Board's Office of Information Resources pursuant to Sections 1-11-430 and 11-35-1580 provided that the service is secure;
(10) administer oaths, take depositions, issue subpoenas, and compel the attendance of witnesses and the production of books, papers, documents, and other evidence relative to any investigation or proceeding conducted by the commission;
(11) appoint, select, or hire officers, agents, and employees, including professional and administrative staff, personnel, and hearing officers to conduct hearings required by this chapter, and to fix their compensation and pay their expenses. Notwithstanding any other provision of law, the commission has exclusive authority to contract for legal services. All employees of the commission are employees-at-will and are eligible for participation in the South Carolina Retirement System and may elect optional retirement program coverage in the same manner as provided in Section 9-20-10(2)(a), the State Health Insurance Group plans, and are encompassed by the South Carolina Tort Claims Act;
(12) make pension payments to the South Carolina Retirement System or other system approved by the State Retirement System and pay contributions to the Office of Insurance Services for dental and health plans on behalf of personnel or employees employed by the commission who qualify in the same manner as other state employees in the executive branch of government;
(13) select and contract with lottery vendors and lottery retailers;
(14) enter into contracts or agreements with state or other law enforcement agencies for the performance of law enforcement, background investigations, and security checks;
(15) enter into contracts on such terms and conditions as the commission may determine, except that the commission must not enter into an advertising or promotional contract pursuant to item (18) if the total contract amount includes a commission exceeding three percent of the contract amount; and except that the commission shall not enter into contracts to incur debt in its own name or enter into financing agreements with the State, agencies, or instrumentalities of the State, or with a commercial bank or credit provider; however, necessary start-up monies must be borrowed from the Insurance Reserve Fund of the Budget and Control Board, subject to the loan repayment terms of the Budget and Control Board, for effectuating its purpose, including payment of the initial expenses of initiation, administration, and operation of the commission and the lottery, if and only if sufficient start-up monies are not appropriated from the general fund;
(16) enter into contracts of any type on the terms and conditions the commission determines, except that it must not enter into a contract with an entity for the purpose of having that entity assume or otherwise undertake the organization and conduct of the lottery;
(17) establish and maintain banking relationships including, but not limited to, establishment of checking and savings accounts and lines of credit;
(18) advertise and promote the lottery and lottery games in a dignified manner befitting the State, but only in compliance with the same state and federal standards of truth in advertising which govern private advertisers engaged in interstate commerce and including the restrictions described in this item. The amount spent on advertising must not exceed 7.5 million dollars during the initial year of operation of the lottery. During the second and subsequent years of operation of the lottery, the amount spent on advertising must not exceed one percent of the previous year's gross sales. The board must establish an advertising policy to ensure that advertising content and practices do not target with the intent to exploit specific ethnic groups or economic classes of people, and that the content of the advertising is accurate and not misleading. Lottery advertising must not contain the name or picture of an elected official or State Seal or its likeness. The board must review, at least quarterly, all past lottery advertising and proposed concepts for major media campaigns to ensure that the advertising did not and does not target with the intent to exploit specific ethnic groups or economic classes of people, and that the content is accurate and not misleading. The commission must promote fair and responsible play, including disclosure of the odds of winning, and must ensure that any advertising used does not exhort the public to bet by misrepresenting, directly or indirectly, a person's chance of winning a prize. The commission may use interviews, pictures, or statements from people who have won lottery prizes to show that prizes are won and awarded. If the board finds that advertising conflicts with these policies, the board must cause the cessation of that advertising. In addition, wherever lottery game tickets are sold, the commission must provide information regarding resources for persons with gambling problems. Wherever lottery game tickets are sold, a lottery retailer must post a conspicuous sign in a prominent location, inside the retailer's premises and adjacent to the point of sale, clearly warning of the dangers and risks of gambling and the odds of winning and the odds of losing;
(19) act as a lottery retailer, conduct promotions which involve the dispensing of lottery game tickets or shares, and establish and operate a sales facility to sell lottery game tickets or shares and related merchandise, except that the commission shall not establish, operate, or authorize a lottery sales facility at any state Welcome Center or state rest area; and
(20) promulgate regulations pursuant to the Administrative Procedures Act and this chapter and adopt and amend policies and procedures necessary to carry out and implement its powers and duties, organize and operate the commission, regulate the conduct of lottery games as defined in Section 59-150-20(7), and other matters necessary or desirable for the efficient and effective operation of the lottery for the convenience of the public.
(B) The powers enumerated in subsection (A) are cumulative of and in addition to those powers enumerated elsewhere in this chapter, and do not limit or restrict other powers of the commission.
(C) The commission is prohibited from distributing monies other than as prescribed by this chapter including, but not limited to, the prohibition of contributing to or making independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office; to a political party, as defined in Section 8-13-1300(26); or to a committee, as defined in Section 8-13-1300(6).
(D) The commission is not authorized to use any machine specifically prohibited by Sections 12-21-2710, 16-19-40, and 16-19-50.
(E) The commission is subject to the limitations upon, and exemptions from, liability and damages provided in the South Carolina Tort Claims Act.
(F) The commission shall not issue, sell, or authorize the sale of lottery tickets or shares at a location licensed to provide deferred presentment services pursuant to Chapter 39 of Title 34.
(G) The commission shall not enter into a contract for the purpose of influencing a political decision in connection with the operation of the lottery, and the commission must not employ, contract with, or otherwise authorize a lobbyist, as defined in Section 2-17-10(13), to engage in lobbying, as defined in Section 2-17-10(12), on behalf of the commission.
(H) The commission must not sell or give away tickets for promotional purposes.
Section 59-150-70. (A) Notwithstanding the provisions of this chapter, the commission has the authority to adopt temporary regulations to implement the provisions of this chapter, which must be consistent with the provisions of this chapter. These temporary regulations are not considered regulations as defined by the Administrative Procedures Act; however, these temporary regulations
(B) For purposes of this section, 'temporary regulations' means regulations regarding the programs, policies, and procedures required to implement the provisions of this chapter.
(C) The temporary regulations authorized in this section are repealed on July 15, 2004, or on the effective date of regulations promulgated pursuant to the Administrative Procedures Act, whichever date occurs first. If regulations promulgated pursuant to the Administrative Procedures Act have not taken effect by July 15, 2004, the commission may promulgate the temporary regulations authorized by this section as emergency regulations pursuant to Section 1-23-130. For purposes of this subsection, the circumstances required for emergency regulations in Section 1-23-130(A) do not apply, but all other provisions of Section 1-23-130 are applicable.
(D) In accordance with the Administrative Procedures Act, the board may promulgate regulations which must specify, but are not limited to:
(1) categories of lottery games as described in Section 59-150-20(7). The lottery games may include the selling of lottery game tickets or shares or the use of electronic or mechanical devices, except those electronic or mechanical devices prohibited by Section 59-150-20(7), and except that the game or activity in which the winner is selected must not be based upon the outcome of a football, basketball, baseball, or similar game or sports event;
(2) sale price of lottery game tickets or shares and the manner of sale except that all sales must be for cash only. Payment by checks, credit cards, charge cards, or other form of deferred payment and payment by debit card are prohibited;
(3) number and amount of prizes;
(4) method and location of selecting or validating winning lottery game tickets or shares;
(5) manner and time of payment of prizes, which may include lump sum payments or installments over a period of years;
(6) manner of payment of prizes by a lottery retailer to the holders of a winning lottery game ticket or share including, without limitation, provision for payment of prizes not exceeding six hundred dollars after deducting the price of the lottery game ticket or share and after performing validation procedures appropriate to the game and as specified by the board; the board may provide for a limited number of retailers who may pay prizes of up to five thousand dollars after performing validation procedures appropriate to the game and as specified by the board without regard to where the lottery game ticket or share was purchased;
(7) frequency of lottery games and drawings or selection of winning lottery game tickets or shares;
(8) means of conducting drawings, except that an elected or appointed official, other than the members of the board or its designee, must not preside or appear at a drawing;
(9) method to be used in selling lottery game tickets or shares, which may include the use of electronic or mechanical devices, but the devices must be placed on the premises of the lottery retailer in a location which is only accessible to the lottery retailer or his employees;
(10) manner and amount of compensation to a lottery retailer within the limits of this chapter; and
(11) other matters necessary or desirable toward ensuring the efficient and effective operation of lottery games as defined in Section 59-150-20(7), the continued entertainment and convenience of the public, and the integrity of the lottery.
(E) The commission shall have tickets available for purchase by the public no later than November 1, 2001, or as soon as practicable.
(F) If the board submits a regulation for a lottery game resulting in an instant winner, the board must consider instituting an additional lottery game that makes use of the non-winning instant tickets on a monthly or other periodic basis, so as to encourage non-winners to accumulate their tickets instead of disposing of them separately and creating unsightly litter.
Section 59-150-80. (A) The board shall appoint and provide for the compensation of an executive director which must not be based upon or a function of profitability or percentage of sales. The executive director must be an employee of the commission who directs the
(B) The board shall hire and provide for the compensation of an internal auditor and necessary staff who must be employees of the commission and who are vested with the powers and duties specified by the board and by law. The internal auditor shall report directly to the board.
Section 59-150-90. (A) The executive director of the commission shall direct and supervise all administrative and technical activities as provided for in this chapter, regulations promulgated pursuant to the Administrative Procedures Act, and policies and procedures adopted by the board. It is the duty of the executive director to oversee the initiation, and supervise and administer the operation of the lottery games as defined in Section 59-150-20(7); employ and direct necessary personnel; employ by contract and compensate necessary persons and firms, except that the contract must not be with an entity for the purpose of having that entity undertake the organization and conduct of the lottery; promote or provide for promotion of the lottery and functions related to the commission; prepare a budget for the approval of the board; require bond from a lottery retailer and a lottery vendor in amounts required by the board; report monthly to the State Auditor and the board a full and complete statement of lottery revenues and expenses for the preceding thirteen months; and perform other duties generally associated with an executive director of a commission of an entrepreneurial nature.
(B) The executive director for good cause may suspend, revoke, or refuse to renew a contract entered into as provided by the provisions of this chapter or the regulations, policies, and procedures of the board.
(C) The executive director or his designee may conduct hearings and administer oaths to persons for the purpose of assuring the security or integrity of lottery operations or to determine the qualifications of or compliance by a lottery vendor and a lottery retailer.
(D) The executive director shall not contribute to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office; to a political party, as defined in Section 8-13-1300(26); or to a committee, as defined in Section 8-13-1300(6). An executive director who violates this section must be summarily dismissed.
Section 59-150-100. (A) The commission shall establish and maintain a personnel program for its employees and fix the compensation and terms of compensation of its employees.
(B) An employee of the commission or an immediate family member of an employee of the commission must not have a financial interest in a lottery vendor doing business or proposing to do business with the commission.
(C) An employee of the commission who has decision-making authority shall not participate in a decision involving a lottery retailer with whom the employee has an economic interest as defined in the South Carolina Ethics Reform Act.
(D) An employee of the commission who leaves his employment at the commission must not represent a lottery vendor or lottery retailer before the commission for a period of one year following termination of employment with the commission.
(E) A background investigation must be conducted on each applicant who has reached the final selection process before employment by the commission at the level of division director and above and at any level within any division of security and as otherwise required by the board. The commission shall pay for the actual cost of the investigations and may contract with SLED for the performance of the investigations. The results of a background investigation are not a record open to the public pursuant to the Freedom of Information Act.
(F) A person who has been convicted of a felony or bookmaking or other forms of unlawful gambling must not be employed by the commission.
(G) The commission shall bond commission employees who have access to commission funds or lottery revenue in an amount provided by the board and may bond other employees as necessary.
Section 59-150-110. (A) The Governor shall appoint a Lottery Retailer Advisory Board to be composed of ten lottery retailers, representing the broadest possible spectrum of geographical, racial, gender, and business characteristics of a lottery retailer. The Governor also shall appoint the chairman of the advisory board. The function of the advisory board is to advise the lottery board on retail aspects of the lottery and to present the concerns of lottery retailers throughout the State. The advisory board may establish a consumer representatives committee to help provide additional insight on other aspects of lottery retail sales.
(B) Members appointed to the advisory board serve terms of two years, except that four of the initial lottery retailer appointees serve initial terms of one year and five serve initial terms of two years. The chairman of the advisory board serves co-terminus with the Governor.
(C) The advisory board shall establish its own rules and internal operating procedures. Members of the advisory board serve without compensation or the per diem, subsistence, or mileage provided by law for members of state boards, committees, and commissions. The advisory board may report in writing at any time to the board of commissioners or to the oversight committee. The board of commissioners may invite the advisory board to make an oral presentation to the commissioners at regular meetings of the board.
Section 59-150-120. The commission shall provide training programs and other educational activities to enable small and minority businesses to compete for contracts on an equal basis. The board shall monitor the results of small and minority business participation and shall report the results of small and minority business participation to the State Human Affairs Commission on at least an annual basis pursuant to Section 1-13-110.
Section 59-150-130. (A) In coordination with the State Law Enforcement Division, the commission shall investigate the financial responsibility, security, and integrity of a lottery vendor who is a finalist in submitting a bid, proposal, or offer as part of a procurement. To defray a portion of the expense of this investigation, each lottery vendor finalist shall submit a certified check for five thousand dollars to the commission. This sum must be placed in an escrow account from which SLED must be paid to conduct the investigation pursuant to this section. If five thousand dollars is not sufficient to complete the investigation, the commission shall require the lottery vendor finalist to remit additional funds. Any funds remaining in the escrow account after the investigation is complete must be returned to the lottery vendor finalist. At the time of submitting the bid, proposal, or offer to the commission, the commission shall require disclosure of the:
(1) lottery vendor's name and address and, as applicable, the names and addresses of the following, if the lottery vendor is:
(a) a corporation, the officers and directors and each stockholder in the corporation, except that in the case of owners of equity securities of a publicly-traded corporation, the names and
(b) a trust, the trustee and all persons entitled to receive income or benefits from the trust;
(c) an association, the members, officers, and directors; and
(d) a partnership or joint venture, all of the general partners, limited partners, or joint venturers;
(2) states and jurisdictions in which the lottery vendor does business and the nature of the business for each such state or jurisdiction;
(3) states and jurisdictions in which the lottery vendor has contracts to supply gaming goods or services including, but not limited to, lottery goods and services, and the nature of the goods or services involved for each state or jurisdiction;
(4) states and jurisdictions in which the lottery vendor has applied for, sought renewal of, received, been denied, or had revoked, or has issuance pending of, a lottery or gaming license of any kind or had fines or penalties assessed to his license, contract, or operation and the disposition of each in each state or jurisdiction. If a lottery or gaming license or contract has been revoked or has not been renewed or a lottery or gaming license or application has been denied or is pending and has remained pending for more than six months, all of the facts and circumstances underlying the failure to receive a license must be disclosed;
(5) details of a finding or any plea, conviction, or adjudication of guilt in a state or federal court of the lottery vendor for a felony or other criminal offense other than a traffic violation.
(6) details of any bankruptcy, insolvency, reorganization, or corporate or individual purchase or takeover of another corporation, including bonded indebtedness, or pending litigation of the lottery vendor;
(7) contributions made to or independent expenditures relative to the campaign of a candidate for the General Assembly or statewide constitutional office, to any political party, as defined in Section 8-13-1300(26), or to a committee, as defined in Section 8-13-1300(6), for the twelve-month period before the application and up to the date of disqualification of the applicant or the awarding of the contract, whichever occurs first; and
(8) additional information the commission determines appropriate for the procurement involved. If at least twenty percent of the cost of a lottery vendor's contract is subcontracted, the lottery
(B) A lottery procurement contract must not be entered into with a lottery vendor who has not complied with the disclosure requirements described in subsection (A), and a contract with a non-complying lottery vendor is voidable at the option of the commission. The commission may terminate a contract with a lottery vendor who does not comply with the requirements for periodically updating the disclosures during the time specified in the contract. The provisions of this section must be construed broadly and liberally to achieve the ends of full disclosure of all information necessary to allow for a full and complete evaluation by the commission of the competence, integrity, background, and character of a lottery vendor for procurements.
(C) A procurement contract must not be entered into with a lottery vendor if he or it has:
(1) been convicted of a felony related to the security or integrity of the lottery in this or another jurisdiction;
(2) been convicted of unlawful gambling activity, false statements, false swearing, or perjury in this or another jurisdiction; or
(3) been found to have violated the provisions of this chapter or a regulation of the commission, unless either ten years have passed since the violation or the board finds the violation both minor and unintentional in nature.
(D) A procurement contract must not be entered into with a lottery vendor if the lottery vendor has an ownership interest in an entity that supplied consultation services under contract to the commission regarding the request for proposals pertaining to those particular goods or services.
(E) A lottery vendor or applicant for a procurement contract must not pay, give, or otherwise make available anything of value in violation of provisions of the South Carolina Ethics Reform Act. A violation of the act is subject to the provisions of Sections 11-35-4220 and 11-35-4230.
(F) A lottery vendor who has entered into the competitive solicitation process for a procurement contract or who has been awarded a procurement contract with the commission shall not contribute, for a period of twelve months before entering into the procurement process, except that during the first twelve months the period must be from the date of enactment, and during the term of the contract, to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional
(G) A lottery vendor must not enter into a contract for the purpose of influencing a political decision in connection with the operation of the lottery, and a lottery vendor must not employ, contract with, or otherwise authorize a lobbyist, as defined in Section 2-17-10(13), to engage in lobbying, as defined in Section 2-17-10(12), on behalf of the lottery vendor.
(H) A lottery vendor shall disclose, upon written inquiry, the amount of any commission, referral fee, finder's fee, consulting fee, or contingency fee paid in connection with obtaining the contract and the name of the person to whom the monies were paid.
(I) The prohibitions and restrictions described in item (A)(7) and subsections (F) and (G) specifically apply to a lottery vendor as defined in Section 59-150-20(9) and its employees, members of its board, and holders of an interest in it of more than ten percent, and their immediate family members, as defined in Section 59-150-20(6).
(J) The commission is prohibited from contracting with a lottery vendor if the fee or commission payable in connection with the service or product is contingent, in whole or in part, upon performance of lottery sales or other lottery profitability measure.
Section 59-150-140. (A) At the execution of the contract with the commission, a lottery vendor shall post a performance bond or letter of credit from a bank or credit provider acceptable to the commission in an amount determined by the commission for that particular bid or contract. Instead of the bond, a lottery vendor, to assure the faithful performance of its obligations, may deposit and maintain with the commission securities that are interest bearing or accruing and that are rated in one of the three highest classifications by an established nationally recognized investment rating service. Securities eligible pursuant to this section are limited to:
(1) certificates of deposit issued by solvent banks or savings associations which are organized and existing under the laws of this State or under the laws of the United States and are approved by the commission;
(2) United States bonds, notes, and bills for which the full faith and credit of the government of the United States is pledged for the payment of principal and interest; and
(3) corporate bonds approved by the commission. The corporation that issued the bonds must not be an affiliate or subsidiary
(B) Each lottery vendor must be qualified to do business in this State and shall file appropriate tax returns as provided by the laws of this State. All contracts pursuant to this section are governed by the laws of this State.
(C) A contract must not be let with a lottery vendor in which a public official has an ownership interest unless the letting of the contract complies with Section 8-13-775.
(D) Procurement contracts must be handled in accordance with the South Carolina Consolidated Procurement Code.
(E) In all contracts entered into in connection with this chapter, the resident lottery vendor preference provided in Section 11-35-1524 must apply to procurements made by the commission, except that the following additional provisions apply:
(1) the preference also must apply to the procurement of services, as defined in Section 11-35-310(29), and advertising;
(2) with respect to the procurement of services or advertising, the definition of the term 'resident lottery vendor' must be modified as provided in this item. Section 11-35-1524(B)(6)(c) does not apply to a lottery vendor providing services or advertising. Instead of Section 11-35-1524(B)(6)(c), the lottery vendor shall provide services or advertising which are representative of the general type of services or advertising on which the bid is submitted;
(3) with respect to the procurement of services or advertising, instead of providing the certifications provided in Section 11-35-1524(C), the lottery vendor shall certify in writing in the bid:
(a) that he is resident of the State;
(b) the services or advertising is available; and
(c) the cost of the services or advertising is not unreasonable.
Section 59-150-150. (A) The commission shall develop and maintain a statewide network of lottery retailers to serve the public convenience and promote the sale of tickets or shares and the playing of lottery games as defined in Section 59-150-20(7) while ensuring the integrity of the lottery operations, games, and activities. The commission also shall provide a small retailer a chance to participate in the sales of lottery tickets or shares; provide for compensation to a lottery retailer in the form of commissions in an amount of not less than seven percent of gross proceeds; and issue a license to each person
(B) The board shall develop a list of objective criteria upon which the qualification of a lottery retailer must be based. Separate criteria must be developed to govern the selection of a lottery retailer of instant tickets and an on-line lottery retailer. In developing these criteria, the board shall consider factors such as the applicant's financial responsibility, integrity, and reputation, and the security of the applicant's place of business or activity, and accessibility to the public. The board shall not consider political affiliation or activities or monetary contributions to political organizations or candidates for public office. The criteria must include, but is not limited to, the following:
(1) The applicant must be current in filing all applicable tax returns to the State of South Carolina and in payment of all taxes, interest, and penalties owed to the State of South Carolina, excluding items under formal appeal pursuant to applicable statutes. The Department of Revenue shall provide this information to the commission.
(2) A person, partnership, unincorporated association, corporation, or other business entity must not be selected as a lottery retailer if he or it:
(a) has been convicted of a criminal offense related to the security or integrity of the lottery in this or another jurisdiction;
(b) has been convicted of unlawful gambling activity, false statements, false swearing, or perjury in this or another jurisdiction or convicted of a crime punishable by more than one year of imprisonment or a fine of more than one thousand dollars, or both, unless the person's civil rights have been restored and at least five years have elapsed from the date of the completion of the sentence without a subsequent conviction of a crime described in this subitem;
(c) has been found to have violated the provisions of this chapter or a regulation, policy, or procedure of the commission, unless either ten years have passed since the violation or the board finds the violation both minor and unintentional in nature;
(d) is a lottery vendor or an employee or agent of a lottery vendor doing business with the commission;
(e) resides in the same household as an officer of the commission;
(f) has made a statement of material fact to the commission knowing the statement is false;
(g) has a business of selling lottery tickets or shares that accounts for more than sixty percent annually of its gross revenues. The Department of Revenue shall provide data concerning a lottery retailer's gross revenues to assist the commission in verifying compliance with this provision. The commission must not sell or give away lottery tickets or shares as a lottery retailer, as provided in Section 59-150-210; and
(h) has not attained the age of twenty-one years, except that this age restriction applies only to the lottery retailer or lottery retailer applicant and not to a bona fide employee of the lottery retailer;
(3) A person applying to become a lottery retailer must be charged a uniform application fee for each lottery outlet. A lottery retailer who participates in on-line lottery games must be charged a uniform application fee for each on-line outlet.
(4) A lottery retailer contract executed pursuant to this chapter may be suspended, revoked, or terminated for good cause by the executive director or his designee if the lottery retailer is found to have violated a provision of this chapter or the regulations subject to the Administrative Procedures Act.
(5) Lottery retailer contracts may be renewable annually at the discretion of the commission, unless sooner canceled or terminated.
(6) A lottery retailer or lottery retailer applicant shall not pay, give, or otherwise make available anything of value to a member of the board of directors of the commission in violation of provisions of the South Carolina Ethics Reform Act.
(C) An applicant must undergo a criminal background investigation performed in accordance with Section 59-150-165.
Section 59-150-160. (A) A lottery retailer contract is not transferable or assignable. A lottery retailer shall not contract with a person for lottery goods or services except with the approval of the board.
(B) Lottery game tickets and shares must be sold only by the lottery retailer named on the lottery retailer certificate.
Section 59-150-165. (A) Any person required to undergo a background investigation pursuant to this chapter must undergo both a state and national criminal history background investigation as a part of the required investigation. Any person required to undergo a
(B) This section applies to persons described in Sections 59-150-40(B)(2), 59-150-100(E), 59-150-130(A), and 59-150-150(C).
(C)(1) In the case of an investigation of a person, as defined in Section 59-150-20(14), other than an individual, the required background investigations may be performed on any or all principals of the person, as determined by the commission.
(2) For purposes of this section, 'principal' means:
(a) the directors and officers of an association;
(b) all partners of a partnership, limited partnership, or limited liability partnership;
(c) all members of a limited liability company, or if the company is a manager-managed company, all members and managers;
(d) for a corporation, its directors, officers, and stockholders with a ten percent or more direct or beneficial interest or any person or entity that receives more than ten percent of the net income; and
(e) an employee who has day-to-day operational management responsibilities for the business or entity.
(3)(a) If a corporation is a member of a controlled group of corporations, as defined in 26 U.S.C. 1563, or a member of an affiliated group of corporations, as defined in 26 U.S.C. 1504, and at least one member of the group of corporations is a publicly-held corporation, only the corporation which seeks the vendor or retailer contract pursuant to this chapter is considered a principal for purposes of this chapter, along with its directors, officers, and stockholders as described in subitem (2)(d).
(b) For purposes of subitem (a) of this item, 'publicly held corporation' means a corporation:
(i) whose shares are traded on a national exchange; and
(ii) whose total assets at the end of the corporation's most recent fiscal quarter exceeded one billion dollars.
(D) SLED must collect, retain, expend, and carry forward fees associated with conducting criminal history investigations to offset the cost of performing the investigations. In the case of vendors, the fee for the criminal background investigation must be included in the fee imposed pursuant to Section 59-150-130(A).
Section 59-150-170. (A) The commission shall establish a fidelity fund separate from all other funds and shall assess each lottery retailer a one-time fee not to exceed one hundred dollars for each sales location. Monies deposited into the fund may be used to cover losses the commission may experience due to nonfeasance, misfeasance, or malfeasance of a lottery retailer. The monies may be invested by the commission pursuant to state investment practices. All earnings attributable to the investments accrue to the fund. In addition, the funds may be used to purchase blanket bonds covering the commission against losses from all lottery retailers. At the end of each fiscal year, the commission shall pay to the Education Lottery Account any amount in the fidelity fund which exceeds five hundred thousand dollars, and the funds paid must be treated as net proceeds from the lottery.
(B) A reserve account may be established as a general operating expense to cover amounts considered uncollectible from the a lottery retailer. The commission shall establish procedures for minimizing losses that may be experienced by reason of nonfeasance, misfeasance, or malfeasance of a lottery retailer, and shall exercise and exhaust all available options in the procedures before amounts are written off to this account.
(C) The commission may require a lottery retailer to post an appropriate bond, as determined by the commission, using an insurance company acceptable to the commission. The amount must not exceed the applicable district sales average of lottery game tickets for two billing periods.
(D)(1) In its discretion, the commission may allow a lottery retailer to deposit and maintain with the commission securities that are interest bearing or accruing. Securities eligible pursuant to this item are limited to:
(a) certificates of deposit issued by solvent banks or savings associations organized and existing under the laws of this State or under the laws of the United States;
(b) United States bonds, notes, and bills for which the full faith and credit of the United States is pledged for the payment of principal and interest; and
(c) federal agency securities by an agency or instrumentality of the United States government.
(2) The securities must be held in trust in the name of the commission.
Section 59-150-180. (A) A retail contract executed by the commission pursuant to this chapter must specify the reasons for which the contract may be canceled, suspended, revoked, or terminated by the commission including, but not be limited to:
(1) a violation of this chapter, a regulation, or a policy or procedure of the commission;
(2) failure to account accurately or timely for lottery game tickets, lottery games, revenues, or prizes as required by the commission;
(3) fraud, deceit, or misrepresentation;
(4) insufficient sales;
(5) conduct prejudicial to public confidence in the lottery;
(6) filing for or placement in bankruptcy or receivership of the lottery retailer;
(7) a material change, as determined in the sole discretion of the commission, in a matter considered material by the commission in executing the contract with the lottery retailer; or
(8) failure to meet any of the objective criteria established by the commission pursuant to this chapter.
(B) If cancellation, denial, revocation, suspension, or rejection of renewal of a lottery retailer contract is in the best interest of the lottery, the public welfare, or the State of South Carolina, the executive director or his designee, in his discretion, may cancel, suspend, revoke, or terminate, after notice and a right to a hearing, a contract issued pursuant to this chapter. A hearing must be held within sixty days of notice of cancellation, suspension, revocation, or termination and conducted by the executive director or his designee. A party to the contract aggrieved by the decision of the executive director or his designee may appeal the adverse decision to the board, and then to the Administrative Law Judge Division, pursuant to the Administrative Procedures Act.
(C) If a party files an action to appeal the final decision of the board pursuant to subsection (B) and seeks to enjoin the implementation, termination, or performance of a contract, he must post a bond payable to the State in an amount determined by the trier of fact to be sufficient to compensate the State for its losses including, but not limited to, reasonable attorneys' fees and court costs resulting from the delay, if the party does not prevail in its appeal.
Section 59-150-190. (A) All proceeds from the sale of the lottery game tickets or shares constitute a trust fund until paid to the
(B) The commission shall require a lottery retailer to place all lottery proceeds due the commission in accounts in institutions insured by the Federal Deposit Insurance Corporation (FDIC) no later than the close of the next banking day after the date of their collection by the lottery retailer until the date they are paid over to the commission. At the time of the deposit, lottery proceeds are considered the property of the commission, and a lottery retailer is personally liable for those proceeds due the commission. The commission may require a lottery retailer to establish a single separate electronic funds transfer account where available for the purpose of receiving monies from ticket or share sales, making payments to the commission, and receiving payments for the commission. Unless otherwise authorized in writing by the commission, each lottery retailer shall establish a separate bank account for lottery proceeds which must be kept separate and apart from all other funds and assets, and must not be commingled with any other funds or assets. A lottery retailer, upon the deposit of lottery proceeds in excess of insurance coverage by the FDIC, shall furnish an indemnity bond from a responsible surety company authorized to do business in this State in an amount sufficient to protect the State against loss in the event of insolvency or liquidation of the institution or for another cause. A lottery retailer, instead of the indemnity bond, may pledge as collateral for the deposits, obligations of the United States, obligations fully guaranteed both as to principal and interest by the United States, obligations of the Federal National Mortgage Association, the Federal Home Loan Bank, Federal Farm Credit Bank, the Federal Home Loan Mortgage Corporation, or general obligations of this State or a political subdivision of it. The State Treasurer shall exercise prudence in accepting the securities listed as collateral. The surety or collateral must be filed with the State Treasurer at time of deposit.
(C) Proceeds from the sale of lottery game tickets or shares received by a lottery retailer who becomes insolvent or dies insolvent, are due the commission from the person or his estate in preference over all debts or demands.
(D) A lottery retailer is not required to pay for lottery tickets or shares until the tickets or shares have been activated by the commission.
Section 59-150-200. If a lottery retailer's rental payments for the business premises are contractually computed, in whole or in part, on the basis of a percentage of retail sales and the computation of retail sales is not defined explicitly to include sales of lottery game tickets or shares in a state operated or state managed lottery, only the compensation received by the lottery retailer from the commission may be considered the amount of the lottery retail sale for purposes of computing the rental payment.
Section 59-150-210. (A) A person shall not sell a lottery game ticket or share at a price other than that established by the commission. A person, other than a duly certified lottery retailer, shall not sell lottery game tickets, but a person may purchase lawfully lottery game tickets or shares and make a gift of the lottery game tickets or shares to another. The commission may designate certain agents and employees to sell lottery game tickets or shares directly to the public.
(B) Lottery game tickets or shares shall not be purchased and given by merchants as a means of promoting goods or services to customers or prospective customers, except as approved in writing by the commission.
(C) A lottery retailer shall not sell a lottery game ticket or share except from the locations listed in the lottery retailer's contract and as evidenced by the lottery retailer's certificate of authorization unless the commission authorizes, in writing, a temporary location not listed in the lottery retailer's contract.
(D) Lottery game tickets or shares must not be sold to persons under eighteen years of age, but a person eighteen years of age or older may purchase lawfully lottery game tickets or shares and make a gift to a person of any age. If a minor lawfully receives a winning lottery game ticket, the commission may direct payment of proceeds of a lottery prize in an amount not exceeding two thousand five hundred dollars to the parent or guardian of the minor without court approval and without appointment of a conservator. In the case of a lottery prize greater than two thousand five hundred dollars and not exceeding twenty-five
(E) A lottery ticket or share must not be sold on the date of any general or primary election; for a lottery game other than that defined in Section 59-150-20(7); or for a lottery game with corporate sponsorship.
(F) A lottery ticket or share must not be sold on the campus of a public institution of higher learning as defined in Section 59-103-5.
Section 59-150-220. (A)(1) Upon the theft of instant tickets, a lottery retailer shall report immediately the theft to both the local law enforcement authority and to the commission's division of security.
(2) If tickets are stolen before the book is activated, and no tickets within the book have been sold:
(a) the lottery retailer must be charged a nonrefundable service fee for each incident in an amount determined by the commission to cover its costs only, so long as the name of the local law enforcement agency contacted and the assigned case number are furnished promptly to the commission;
(b) if the name of the local law enforcement agency and the assigned case number are not provided to the commission within thirty calendar days after the discovery by the lottery retailer of the theft, the commission shall charge the lottery retailer in accordance with subsection (3)(b).
(3) If tickets are stolen after the book has been activated or tickets within the book have been sold:
(a) a lottery retailer must be charged the net sales value (retail sales value less commission) for each book, less the low tier prize values of stolen tickets not paid at the time of the incident, so long as the lottery retailer furnished the name of the local law enforcement agency and the assigned case number to the commission;
(b) if the name of a law enforcement agency and case number are not provided to the commission within thirty calendar days after the discovery by the lottery retailer of the theft, credit for the unpaid low tier prizes must not be given and the lottery retailer must be charged the net sales value (retail sales value less commission) for each book.
(4) The commission shall adjust charges described in item (3) for the following reasons:
(a) the commission shall charge a lottery retailer the low tier prize value of tickets that are presented to the commission as claims subsequent to the date of the incident. The commission shall determine which prizes must be subsequently paid based upon the facts of the incident, and that amount must be charged to the lottery retailer;
(b) the commission shall provide credit for recovered stolen tickets as follows:
(i) the net sales value of the tickets recovered must be compared to the total value of the uncashed low tier prizes for each book of tickets. The lottery retailer shall receive credit for the greater of these two values;
(ii) recovered tickets must be returned to the commission by the declared end of game redemption deadline or one hundred eighty days from the date of the incident, whichever is later. The game, book, and ticket number must be legible on each ticket for the lottery retailer to receive credit. If tickets are being held as evidence in a criminal investigation by a law enforcement agency, the commission shall accept a property report from that agency by the declared end of the game redemption deadline or one hundred eighty days from the date of the incident, whichever is later, detailing the game, book, and ticket number or Void If Removed Number (VIRN) for the tickets being held, as documentation to provide credit;
(iii) recovered scratched tickets may be accepted for credit only if that condition of the tickets is identified in documentation provided to the commission by the local law enforcement agency;
(iv) the lottery retailer shall receive no credit for recovered tickets that have been validated; and
(v) the commission shall determine the credits provided based upon the facts of the incident, and that amount must be credited to the lottery retailer.
(5) Books reported to the commission as stolen must be marked in the commission's records to prevent validation and payment of prizes within the book.
(B)(1) Upon the loss or damage of instant tickets, a lottery retailer immediately shall report the loss or damage to the both the local law enforcement authority and to the commission's division of security.
(2) If tickets are damaged before the book is activated, no tickets within the book are sold, and all tickets in the book are returned to the commission, a lottery retailer must not be charged a service fee. If tickets are lost before the book is activated and no tickets within the book have been sold, a lottery retailer must be charged a nonrefundable
(3) If tickets are lost or damaged after the book is activated or if tickets within the book are sold, a lottery retailer must be charged the net sales value (retail sales value less commission) for each book.
(4) Upon the written approval by the commission, the commission shall provide credit for recovered lost or damaged tickets for the net sales value of the tickets recovered.
(a) To receive approval, the lottery retailer shall provide the facts of the incident in writing to the commission for consideration.
(b) The written request and recovered tickets must be returned to the commission by the redemption deadline and the game, book, and ticket number must be legible on each ticket in order for the lottery retailer to receive credit.
(c) Scratched tickets must not be accepted for credit. A scratched ticket is one that in the commission's judgment has been compromised as to the security and integrity of the ticket due to removal of latex.
(d) Tickets identified as validated before the recovery result in no credit to the lottery retailer.
(5) Books reported to the commission as lost or damaged must be marked as such in the commission's records to prevent validation and payment of prizes within the book.
(6) In the event of acts of God, occurrences of nature, or other natural disasters, the commission may waive the requirements of this subsection.
Section 59-150-230. (A) Lottery prizes are subject to the South Carolina state income tax. Residents and nonresidents of this State who receive a lottery prize in excess of five hundred dollars are subject to a mandatory withholding of state income tax as required by law. Federal income tax must be withheld from lottery prizes in excess of five thousand dollars. Neither the State nor a county, municipality, or other political subdivision of this State may impose a tax on the sale of a lottery ticket or share or on the payment of a prize pursuant to this chapter; nor may a county, municipality, or other political or public subdivision assess an ad valorem tax against a lottery ticket or share bought or sold pursuant to this chapter.
(B) Except as otherwise provided in this chapter, attachments, garnishments, or executions authorized and issued pursuant to law must
(C) The commission shall promulgate regulations and adopt policies and procedures to establish a system of verifying the validity of lottery games tickets or shares claimed to win prizes and to effect payment of prizes.
(1) A prize, a portion of a prize, or a right of a person to a prize awarded is not assignable except as provided in this section. A prize or a portion of a prize remaining unpaid at the death of a prize winner must be paid to the estate of the deceased prize winner or to the trustee of a trust established by the deceased prize winner as settlor if a copy of the trust document or instrument has been filed with the commission with a notarized letter of direction from the settlor and no written notice of revocation has been received by the commission before the settlor's death. Following a settlor's death and before payment to a trustee, the commission shall obtain from the trustee a written agreement to indemnify and hold the commission harmless with respect to claims that may be asserted against the commission arising from payment to or through the trust. Notwithstanding any other provisions of this section, a person, pursuant to an appropriate judicial order, may be paid the prize to which a winner is entitled.
(2)(a) The commission must establish a prize structure for each lottery game that is based upon sound actuarial principles and does not rely upon proceeds generated from future or other lottery games. The commission may establish a lottery reserve fund to further accomplish this purpose. The monies in the restricted account may be used only for the purpose of making deferred payments of a lottery game prize as elected by a prize winner.
(b) For the purpose of Section 59-150-230, the amount of withholding is based on the total prize value but the payment of withholding tax must be adjusted according to the payment schedule for the prize.
(3) A prize must not be paid if it:
(a) arises from claimed lottery game tickets that are stolen, counterfeit, altered, fraudulent, unissued, produced or issued in error, unreadable, not received, or not recorded by the commission within applicable deadlines;
(b) lacks captions that conform and agree with the play symbols as appropriate to the particular lottery game involved; or
(c) fails to comply with additional specific regulations and public or confidential validation and security tests of the commission appropriate to the particular lottery game involved.
(4) A particular prize in a lottery game must not be paid more than once, and if more than one person is entitled to a particular prize, the sole remedy of those persons is the award to each of them of an equal share in the prize.
(5) A holder of a winning lottery game ticket or share from a lottery game or multi-state or multi-sovereign lottery game must claim a cash prize within one hundred eighty days after the drawing in which the cash prize was won. In a South Carolina lottery game in which the player may determine instantly if he has won or lost, he must claim a cash prize within ninety days after the end of the lottery game. If a valid claim is not made for a cash prize within the applicable period, the cash prize is an unclaimed prize for purposes of this chapter.
(D) A prize must not be paid upon a lottery game ticket or share purchased or sold in violation of this chapter and is an unclaimed prize for purposes of this section.
(E) The commission is discharged of all liability upon payment of a prize.
(F) A lottery game ticket or share must not be purchased by and a prize must not be paid to a member of the board, an officer or employee of the commission, or a spouse, child, brother, sister, or parent residing as a member of the same household in his principal place of residence. A lottery game ticket or share must not be purchased by and a prize must not be paid to an officer, employee, agent, or a subcontractor of a lottery vendor, or a spouse, child, brother, sister, or parent residing as a member of the same household in his principal place of residence if he has access to confidential information that may compromise the integrity of the lottery.
(G) A lottery prize must not be paid to a person who is incarcerated. A lottery prize payment received in violation of this subsection must be returned immediately and in full to the commission.
(H) The use of an electronic or mechanical machine designed for a lottery game authorized pursuant to this chapter must be limited to a lottery retailer and their employees only in order to facilitate retail sales of lottery tickets, and such a machine must not dispense as a prize coins or currency. The operation of the lottery games excludes machines and lottery games, including video poker lottery games, prohibited by Sections 12-21-2710, 16-19-40, and 16-19-50.
(I) Unclaimed prize money must be deposited in the Education Lottery Account each year. A portion of the unclaimed prize money, in an amount to be determined by the General Assembly in its annual general appropriations bill and other bills appropriating monies for previous or current fiscal years, must be allocated to the Department of Education for the purchase of new school buses. A portion, in an amount to be determined by the General Assembly, of the unclaimed prize money in the Education Lottery Account, must be allocated by the General Assembly in its annual general appropriations bill or any bill appropriating monies for previous or current fiscal years to the South Carolina Department of Alcohol and Other Drug Abuse Services or an established nonprofit public or private agency recognized as an affiliate of the National Council on Problem Gambling to receive monies from the fund for the prevention and treatment of compulsive gambling disorder and educational programs related to that disorder, including a gambling hotline, to be used for prevention programs including, in part or in totality, mass media communications. Nothing in this section prevents the State Budget and Control Board from contracting with any combination of agencies which meet the criteria provided for in this section, including a combination that includes the Department of Alcohol and Other Drug Abuse Services for the treatment of compulsive gambling disorder and educational programs related to that disorder, including a gambling hotline. Semi-annually, the director of the selected agency shall report to the board on the programs implemented with these funds, including nonidentifying statistical information pertaining to persons served by these programs. The director of the agency also shall provide a copy of the report to the General Assembly promptly upon receipt of the semi-annual reports.
Section 59-150-240. (A) The commission is subject to the provisions of Chapter 4, Title 30, the South Carolina Freedom of Information Act.
(B) The commission shall perform full criminal background investigations before the execution of a lottery vendor contract.
(C) The commission or its authorized agent shall:
(1) conduct criminal background investigations and credit investigations;
(2) supervise lottery game ticket or share validation and lottery drawings;
(3) inspect, at times determined solely by the commission, the facilities or operations of a lottery vendor or lottery retailer to
(4) report suspected violations of this chapter to the appropriate investigative and prosecutorial agency having jurisdiction over the violation; and
(5) upon request, provide assistance to a solicitor, the Attorney General, or a law enforcement agency investigating a violation of this chapter.
Section 59-150-250. (A) A person who knowingly sells a lottery game ticket or share to a person under eighteen years of age or permits a person under eighteen years of age to play a lottery game is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or be imprisoned not less than thirty days nor more than sixty days, or both, in the discretion of the court. It is an affirmative defense to a charge of a violation of this section that the lottery retailer reasonably and in good faith relied upon representation of proof of age in making the sale.
(B) A person under eighteen years of age who knowingly purchases a lottery game ticket is guilty of a misdemeanor and, upon conviction, must perform twenty hours of community service or must be fined not less than twenty-five dollars and not more than one hundred dollars.
(C) A person who is incarcerated who knowingly accepts a lottery prize is guilty of a misdemeanor and, upon conviction, must be fined not less than ten dollars nor more than one hundred dollars or imprisoned for not less than two days nor more than thirty days, or both.
Section 59-150-260. (A) A person who, with intent to defraud, falsely makes, alters, forges, utters, passes, or counterfeits a state lottery game ticket is guilty of a felony and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than five years, or both.
(B) A person who influences or attempts to influence the winning of a prize through the use of coercion, fraud, deception, or tampering with lottery equipment or materials is guilty of a felony and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than five years, or both.
(C) A person who is convicted of a violation of subsection (A) or (B) must not be the recipient of an award of a lottery prize or a portion of a lottery prize, and is ineligible for employment by the commission.
Section 59-150-270. (A) A person must not knowingly or intentionally make a material false statement in an application for a license or proposal to conduct lottery activities or a material false entry in a book or record which is compiled or maintained or submitted to the board or its designee pursuant to the provisions of this chapter. A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than twenty-five thousand dollars or the dollar amount of the false entry or statement, whichever is greater, or imprisoned for not more than five years, or both.
(B) A person who is convicted of a violation of subsection (A) also must surrender his license immediately and is ineligible to be issued a license by the commission.
Section 59-150-280. (A) The commission may enter into intelligence sharing, reciprocal use, or restricted use agreements with the federal government, law enforcement agencies, lottery regulation agencies, and gaming enforcement agencies of other jurisdictions which provide for and regulate the use of information provided and received pursuant to the agreement.
(B) Records, documents, and information in the possession of the commission received pursuant to an intelligence sharing, reciprocal use, or restricted use agreement entered into by the commission with a federal department or agency, a law enforcement agency, or the lottery regulation or gaming enforcement agency of a jurisdiction are considered investigative records of a law enforcement agency and are subject to the confidentiality and disclosure policies, and must not be released without the permission of the person or agency providing the record or information, except as may be required by the Freedom of Information Act.
Section 59-150-290. The commission shall enter into its contracts for procurements in compliance with the South Carolina Consolidated Procurement Code.
Section 59-150-300. (A) Any lottery retailer, lottery vendor, applicant for a lottery retailer license, or lottery game ticket holder aggrieved by an action of the board may appeal that decision to the Administrative Law Judge Division. The action is subject to review by an administrative law judge on the record of the board, upon petition of the aggrieved person within ten days from receipt of official notice
(B) The Administrative Law Judge Division shall hear appeals from decisions of the board and, based upon the record of the proceedings before the board, may reverse the decision of the board only if the appellant proves the decision to be:
(1) in violation of constitutional or statutory provisions;
(2) in excess of the statutory authority of the board;
(3) made upon unlawful procedure;
(4) affected by other error of law;
(5) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(C) The Administrative Law Judge Division may remand an appeal to the board to conduct further hearings.
(D) For judicial review of a final decision of an administrative law judge in a case involving the commission, the petition by an aggrieved party must be filed with the circuit court and served on the opposing party not more than thirty days after the aggrieved party receives the final decision and order of the administrative law judge. Appeal in these matters is by right.
(E) A lottery vendor who appeals the award of a procurement contract for the supply of a lottery game ticket system, share system, or an on-line or other mechanical or electronic system is liable for all costs of appeal and defense if the appeal is denied or the contract award is upheld. Cost of appeal and defense specifically includes, but is not limited to, administrative proceedings, court costs, bond, legal fees, and loss of income to the commission resulting from institution of the appeal if, upon the motion of the commission, the court finds the appeal was frivolous.
(F) All actions and proceedings for review pursuant to this chapter, and all actions and proceedings to which the commission may be a
Section 59-150-310. (A) The commission may expend, pursuant to the provisions of this chapter, monies received from any source, including income from the commission's operations, for effectuating its purposes, including the payment of the initial expenses of organization, administration, and operation of the commission and the lottery.
(B) The commission must be self-sustaining and self-funded. Monies in the state general fund must not be used or obligated to pay the expenses of the commission or prizes of the lottery, and a claim for the payment of an expense of the lottery or prizes of the lottery must not be made against monies other than monies credited to the commission operating account.
(C) The commission may purchase, lease, or lease-purchase goods or services necessary for effectuating the purposes of this chapter. The commission may make procurements which integrate functions such as lottery game design, lottery ticket distribution to a lottery retailer, supply of goods and services, and advertising. In all procurement decisions, the commission shall act to promote and ensure security, honesty, fairness, and integrity in the operation and administration of the lottery and the objectives of raising net proceeds for the benefit of educational programs and purposes.
Section 59-150-320. To ensure the financial integrity of the lottery, the commission, through its board, shall:
(1) submit quarterly and annual reports to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the State Auditor, the Comptroller General, the State Treasurer, and the Chairmen of the House Ways and Means Committee, the Senate Finance Committee, and the oversight committee created by Section 59-150-325 disclosing the total lottery revenues, prize disbursements, operating expenses, and administrative expenses of the commission during the reporting period. The annual report additionally must describe the organizational structure of the commission, summarize the functions performed by each organizational division within the commission, and contain a detailed
(2) adopt a system of internal audits;
(3) maintain weekly or more frequently records of lottery transactions including the distribution of lottery game tickets or shares to a lottery retailer, revenues received, claims for prizes, prizes paid, prizes forfeited, and other financial transactions of the commission;
(4) authorize the State Auditor to contract with a certified public accountant or firm for an independently audited financial statement prepared in accordance with generally accepted accounting principles, to be submitted to the Comptroller General's office each year no later than October fifteenth. The certified public accountant or firm shall not have a financial interest in a lottery vendor with whom the commission is under contract. The certified public accountant or firm shall evaluate the internal auditing controls in effect during the audit period. The cost of this annual financial audit is an operating expense of the commission. The State Auditor may at any time conduct an audit of any phase of the operations of the commission at the expense of the State and shall receive a copy of the annual independent financial audit. A copy of an interim audit performed by the certified public accountant or firm or the State Auditor must be transmitted after the close of the commission's fiscal year to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the State Auditor, the State Treasurer, the Comptroller General, and the Chairmen of the House Ways and Means Committee and the Senate Finance Committee, and the oversight committee co-chairmen;
(5) submit, for informational purposes only, to the Office of State Budget of the Budget and Control Board and the State Auditor by June thirtieth of each year a copy of the annual operating budget for the commission for the next fiscal year. This annual operating budget must be approved by the South Carolina Lottery Commission Board;
(6) submit, for informational purposes only, to the Office of State Budget on November tenth of each year a proposed operating budget for the commission for the upcoming fiscal year; this budget proposal also must be accompanied by an estimate of the net proceeds to be deposited into the Education Lottery Account during the upcoming fiscal year;
(7) adopt the same fiscal year as that used by state government; and
(8) authorize the Legislative Audit Council to contract with an independent firm experienced in security procedures including, but not limited to, computer security and systems security, to periodically conduct a comprehensive study and evaluation of all aspects of security in the operation of the commission and the lottery. This firm shall not have a financial interest in a lottery vendor with whom the commission is under contract. The cost of this evaluation is an operating expense of the commission. The commission shall pay directly to the Legislative Audit Council the cost of the evaluation.
Section 59-150-325. (A)(1) There is created as a committee, the South Carolina Education Lottery Oversight Committee, to be composed of twelve members. The members of the committee must be appointed as follows: the Speaker of the House of Representatives appoints three members, one of whom must be the Chairman of the House Education and Public Works Committee; the President Pro Tempore of the Senate appoints three members, one of whom must be the Chairman of the Senate Education Committee; the Chairman of the South Carolina Commission on Higher Education appoints three members; and the Chairman of the South Carolina Education Oversight Committee appoints three members. The Speaker of the House of Representatives and the President Pro Tempore of the Senate must each appoint one co-chairman from the membership of the South Carolina Education Lottery Oversight Committee. The oversight committee must periodically, but at least annually, inquire into and review the operations of the commission and review and evaluate the success with which the commission is accomplishing its statutory duties and functions as provided in this chapter. The oversight committee must also hold an annual public hearing and may conduct an independent audit or investigation of the commission as necessary.
(2) The South Carolina Education Lottery Oversight Committee may initiate and propose changes in the laws of this State so as to prevent abuses and evasions of this chapter or its regulations or to rectify undesirable conditions in connection with the administration or operation of the lottery.
(3) If the funds available for distribution pursuant to Section 59-150-350 fall below seventy-five million dollars for any fiscal year, the oversight committee must immediately conduct an investigation into the reasons for the shortfall and, upon conclusion of their investigation, report their findings along with recommendations for changes in the laws or regulations governing the conduct of the lottery to the executive director, the board, the Governor, the President Pro
(B) No later than December first of each year, the commission must provide to the oversight committee a complete report of the level of participation of minority businesses in all retail and procurement contracts awarded by the commission.
(C) No later than December first of each year for the first five years the lottery is operational, the commission must provide to the oversight committee a complete report of a demographic analysis of lottery players. The commission must employ an independent firm experienced in demographic analysis to conduct the demographic study of lottery players. Data may be collected through surveys, but must not be collected from players at the time of purchase or point of sale. The report must include the income, age, sex, education, and frequency of participation of players. The first report conducted pursuant to this section must be initiated no later than six months after the first sale of a ticket to a player pursuant to this chapter.
(D) The board must report to the Lottery Oversight Committee any matters it considers require an immediate change in the laws of this State so as to prevent abuses and evasions of this chapter or rules and regulations promulgated pursuant to it or to rectify undesirable conditions in connection with the administration or operation of the lottery.
(E) The board must advise and make recommendations to the executive director regarding the functions and operations of the lottery. A copy of all those recommendations must be forwarded to the Lottery Oversight Committee.
Section 59-150-330. (A) All claimant agencies of this State and persons on whose behalf the State and its claimant agencies act, in conjunction with the commission, shall cooperate in identifying debtors who owe money to the State and who qualify for prizes pursuant to this chapter from the commission; and the sum of any debt owed to the State or to persons on whose behalf the State and its claimant agencies act must be set off against a prize awarded pursuant to this chapter. This section must be liberally construed to effectuate these purposes.
(B) As used in this section:
(1) 'Claimant agency' means any state or local agency, department, board, bureau, commission, or authority to which an
(2) 'Debt' means a liquidated sum due and owing a claimant agency, which sum has accrued through contract, subrogation, tort, or operation of law regardless of whether there is an outstanding judgment for the sum, or a sum which is due and owing a person and is enforceable by the State or any of its agencies or departments.
(3) 'Debtor' means an individual owing money to or having a delinquent account with a claimant agency, which obligation has not been adjudicated as satisfied by court order, set aside by court order, or discharged in bankruptcy.
(4) 'Prize' means the proceeds of a lottery prize awarded pursuant to this chapter.
(C) The collection remedy authorized by this section is in addition to and not in substitution for any other remedy available by law.
(D)(1) A claimant agency may submit to the commission a list of the names of all persons owing debts in excess of one hundred dollars to the claimant agency or to persons on whose behalf the claimant agency acts. The full amount of the debt is collectible from lottery winnings without regard to limitations on the amounts that may be collectible in increments through garnishment or other proceedings. The list constitutes a valid lien upon and claim of lien against the lottery winnings of a debtor named in the list. The list must contain the names of the debtors, their Social Security numbers if available, and other information which would assist the commission in identifying the debtors named in the list.
(2) The commission shall withhold winnings subject to the lien created by this section and send notice to the winner by certified mail, return receipt requested, of such action and the reason why the winnings were withheld. If the winner appears and claims winnings in person, the commission shall notify the winner at that time, by hand delivery, of the action. If the debtor does not protest, in writing, the withholding of the funds within thirty days of notice, the commission shall pay the funds over to the claimant agency. If the debtor protests the withholding of funds, in writing, within thirty days of the notice, the commission shall file an action in interpleader in the circuit court of the county in which the debtor resides, pay the disputed sum into the court, and give notice to the claimant agency and debtor of the initiation of the action.
(3) The liens created by this section rank among themselves as follows:
(a) taxes due the State;
(b) delinquent child support;
(c) delinquent student loans; and
(d) all other judgments and liens in order of the date entered or perfected.
(4) The commission is not required to deduct claimed debts from prizes paid out by a lottery retailer or entities other than the commission.
(5) A list of debtors and debts must be provided, pursuant to this section, periodically as the commission determines by rules and regulations, and the commission is not obligated to retain the lists or deduct debts appearing on the lists beyond the period determined by the rules and regulations.
(6) The commission may prescribe forms, propose rules, and promulgate regulations necessary to carry out the provisions of this section.
(7) The commission and a claimant agency do not incur civil or criminal liability for good faith adherence to the provisions of this section.
(8) The claimant agency shall pay the commission for all costs incurred by the commission in setting off debts in the manner provided in this section. The commission may retain this fee as part of administrative expenses.
(E)(1) Notwithstanding Section 59-150-240 or other confidentiality law, the commission may provide to a claimant agency all information necessary to accomplish and effectuate the intent of this section.
(2) The information obtained by a claimant agency from the commission pursuant to this section must retain its confidentiality and may be used only by a claimant agency in the pursuit of its debt collection duties and practices. An employee or former employee of a claimant agency who unlawfully discloses this information for another purpose, except as otherwise specifically authorized by law, is subject to penalties as provided by law.
(F) The provisions of this section apply only to prizes of five thousand dollars or more and do not apply to retailers authorized by the board to pay prizes of up to five thousand dollars after deducting the price of the lottery game ticket or share.
Section 59-150-340. The net proceeds received from the state lottery for education as provided by law must be deposited by the State Treasurer in a fund separate and distinct from the state general fund
Section 59-150-350. (A) All lottery proceeds are the property of the commission, to be held in a separate and distinct account, apart from the State Treasury. Annual administrative expenses must not exceed fifteen percent of gross lottery revenues for the year, including lottery retailer commissions and incentives. The General Assembly shall consider, in the allocation of funds from the Education Lottery Account, the allocation of monies in the amount the General Assembly determines for the Commission on Higher Education and for the Administrative Law Judge Division, both to help defray their expenses incurred in the performance of their duties pursuant to this chapter; except that the amount of funding for the Commission on Higher Education and the Administrative Law Judge Division must be allocated by the General Assembly in its annual general appropriations bill or any bill appropriating monies for previous or current fiscal
(B) Before the sixteenth day of each month, the commission shall deposit to the State Treasurer, for credit to the Education Lottery Account for the preceding month, the amount of all net proceeds from the preceding month. The State Comptroller General shall account separately for net proceeds by establishing and maintaining a restricted account known as the Education Lottery Account. Upon their deposit with the State, monies representing a deposit of net proceeds become the unencumbered property of the State of South Carolina and the commission must not agree or undertake otherwise. The monies may be invested by the State Treasurer pursuant to state investment practices. All earnings attributable to the investments are also the unencumbered property of the State and accrue to the credit of the Education Lottery Account.
(C)(1) Pursuant to Section 11-9-880, the Board of Economic Advisors, in conjunction with the commission, must provide to the General Assembly, in a separate estimate, the amount of projected net lottery proceeds for the upcoming fiscal year. The State Treasurer's Office must estimate the annual interest earnings from commission funds. All interest earnings and other net proceeds must be used for educational purposes and programs.
(2) Appropriations from the Education Lottery Account must be for educational purposes and programs only as defined in Section 59-150-350(D). These appropriations must be used to supplement and not supplant existing funds used for education.
(3) If expenditures for particular educational purposes or programs as defined in this chapter are less than the amounts appropriated, the excess may be retained in the account and expended the following fiscal year for those particular purposes or programs.
(D) At the beginning of the first fiscal year after the state lottery becomes operational, the Comptroller General shall certify the amount of net proceeds including investment earnings on the net proceeds credited to and accrued in the Education Lottery Account during the preceding fiscal year. The sum of certified net proceeds and investment earnings must be designated as annual lottery proceeds. Appropriations from the Education Lottery Account must be allocated
(E) Appropriations by the General Assembly in its annual general appropriations bill or any bill appropriating monies for previous or current fiscal years for educational purposes and programs from the account not committed during the fiscal year must be credited to the Education Lottery Account.
(F)(1) A program or project started specifically from lottery proceeds must not be continued from the general fund, but the programs must be adjusted or discontinued according to available lottery proceeds, unless the General Assembly by general law establishes eligibility requirements and later appropriates specific funds within the general appropriations act. The provisions of this subsection do not prohibit the providing of supplemental funding to programs or projects in existence on the effective date of this chapter from lottery
(2) A surplus in the Education Lottery Account must not be reduced by the General Assembly to correct any nonlottery deficiencies in sums available for general appropriations and vice versa, and a surplus in the Education Lottery Account must not be included in a surplus calculated for setting aside any nonlottery reserve, specifically, without limitation, the General Reserve Fund or the Capital Reserve Fund.
Section 59-150-360. (A) A person who qualifies for in-state tuition rates pursuant to Chapter 112, Title 59 may attend, tuition-free, a technical college of this State or a public two-year institution of higher learning. A person who qualifies for in-state tuition rates pursuant to this title may attend an independent two-year institution of higher learning and receive lottery tuition assistance each year up to the maximum in-state tuition rate at a two-year public institution. In order to qualify, a student must:
(1) be a South Carolina resident for a minimum of one year;
(2) be enrolled and maintain six credit hours each semester in a certificate, degree, or diploma program;
(3) make reasonable progress towards completion of the requirements for the certificate, degree, or diploma program; and
(4) complete a Free Application for Federal Student Aid (FAFSA) application.
The South Carolina State Board for Technical and Comprehensive Education or the Commission on Higher Education, as appropriate, may provide regulations for the implementation of this section.
(B) For purposes of this chapter, a 'public or independent institution' which a student may attend to receive a scholarship as provided in this chapter includes South Carolina two-year public institutions, as defined in Section 59-103-5, including branch campuses and two-year independent institutions, as defined in Section 59-113-50.
(C) Institutions whose sole purpose is religious or theological training, or the granting of professional degrees, do not meet the definition of 'public or independent institution' for purposes of this chapter.
(D) 'Tuition' for purposes of this section means the amount charged for registering for credit hours of instruction and academic fees and does not include other fees, charges, or costs of textbooks.
(E) Notwithstanding subsection (D), technical colleges and public two-year institutions may charge students an additional amount for academic or related fees not to exceed eight dollars per credit hour for academic fees, without increasing the fee reduction required by the Commission on Higher Education.
(F) Each county must maintain its level of funding for technical colleges. If any county fails to maintain this level of funding for its technical college, the college may add, for students who reside in that county, an impact fee sufficient to offset the reduction in county funds.
Section 59-150-370. (A) SC HOPE Scholarships are hereby established and are provided by the State. These scholarships cover the cost of attendance, as defined by the Commission on Higher Education by regulation, up to a maximum of two thousand dollars per year, to eligible resident students attending four-year public and independent institutions as defined in subsection (B).
(B) For purposes of this chapter, a 'public or independent institution' which a student may attend to receive an SC HOPE Scholarship includes the following:
(1) a South Carolina four-year public institution as defined in Section 59-103-5 and a four-year independent institution as defined in Section 59-113-50;
(2) a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina; or an independent bachelor's level institution which is accredited by the Southern Association of Colleges and Secondary Schools; or an independent bachelor's level institution which is accredited by the New England Association of Colleges and Schools. Institutions whose sole purpose is religious or theological training, or the granting of professional degrees do not meet the definition of 'public or independent institution' for purposes of this chapter.
(C) A student is eligible to receive a SC HOPE Scholarship if he meets the criteria for receiving and maintaining the Legislative Incentives for Future Excellence (LIFE) Scholarship; except that a minimum Scholastic Aptitude Test or ACT score is not required for eligibility for the SC HOPE scholarship. These SC HOPE Scholarships must be granted and awarded as provided in this section.
(D) These SC HOPE Scholarships in combination with all other grants and scholarships must not exceed the cost of attendance at the particular institutions referenced in subsection (B).
(E) The Commission on Higher Education must promulgate regulations and establish procedures to administer the provisions of this section.
(F) All institutions participating in the SC HOPE Scholarship Program must report their enrollment and other relevant data as solicited by the Commission on Higher Education which may audit these institutions to ensure compliance with this provision.
Section 59-150-380. The Commission on Higher Education, in consultation with the State Department of Education, must develop an Education Lottery Teaching Scholarship Grants Program to provide certified teachers in the public schools of this State grants not to exceed one thousand dollars per year to attend public or private colleges and universities for the purposes of upgrading existing content area skills or obtaining a Master's Degree in the teacher's content area. If there are insufficient funds in the Education Lottery Account to provide the grant to each eligible recipient for a particular year, priority must be given to those teachers whose subject areas are critical subject needs as determined by the State Department of Education.
Section 59-150-390. The State Department of Education, in consultation with the Budget and Control Board's Office of Information Resources, the State Library, and the Education Television Commission, shall administer primary and secondary technology funding provided for in Section 59-150-350. These funds are intended to provide technology connectivity, hardware, software, and training for the K-12 public schools throughout the State and, to the maximum extent possible, involve public-private sector collaborative efforts. Funds allocated to the local school districts for technology expenditures must be distributed based on the number of students eligible for the free and reduced lunch program in grades 1-3.
Section 59-150-400. (A) A person commits an offense of conspiracy if he, with intent that an offense pursuant to this chapter be committed:
(1) agrees with one or more other persons that they or one or more of them engage in conduct constituting the offense; and
(2) one or more of the persons so agreeing performs an overt act in pursuance of the agreement.
(B) An agreement constituting a conspiracy may be inferred from acts of the parties.
(C) It is not a defense to prosecution for conspiracy pursuant to this section that:
(1) one or more of the co-conspirators is not criminally responsible for the offense;
(2) one or more of the co-conspirators has been acquitted, if at least two co-conspirators have not been acquitted;
(3) one or more of the co-conspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution;
(4) the actor belongs to a class of persons, who by definition of the offense, are legally incapable of committing the offense in an individual capacity; or
(5) the offense was not actually committed.
(D) A person who commits an offense pursuant to this section is guilty of a felony and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned for not more than five years, or both.
Section 59-150-410. The State Ethics Commission and the Attorney General have standing to enforce any provision of this chapter."
SECTION 3. Section 1-3-240(C) of the 1976 Code is amended by adding:
"(11) South Carolina Education Lottery Corporation."
SECTION 4. Section 59-149-10 of the 1976 Code is amended by adding at the end to read:
"(E)(1) Beginning with school year 2002-2003, the annual amount of a LIFE Scholarship for eligible resident students attending a four-year institution as defined in this chapter is increased to the cost of tuition for thirty credit hours a year or its equivalent plus a three hundred dollar per year book allowance. Tuition for this purpose means the amount charged for registering for credit hours of instruction and shall not include other fees, charges, or costs of textbooks except for the referenced three hundred dollar book allowance.
(2) Beginning with school year 2002-2003, the annual amount of a LIFE Scholarship for eligible resident students attending a four-year independent institution must be the cost of attendance up to a maximum of the average annual cost of tuition at the state's four-year public institutions of higher learning in the corresponding academic year.
(3) Beginning with the school year 2002-2003, the requirement that high school completion be accomplished on or after May 1995, for eligibility for the LIFE Scholarship is waived."
SECTION 5. Section 59-149-50 of the 1976 Code is amended by adding a subsection (D) to read:
"(D) Beginning with school year 2002-2003, an entering freshman at a four-year institution to be eligible for a LIFE Scholarship in addition to the other requirements of this chapter shall meet two of the following three criteria:
(1) have the grade point average required by this section;
(2) have the Scholastic Aptitude Test (SAT) or equivalent ACT score required by this section;
(3) be in the top thirty percent of his high school graduating class.
For home school students and students whose high school graduating class is less than fifty students, the Commission on Higher Education may define alternative criteria for students to meet the requirement of item (3).
After receipt of a LIFE Scholarship by an entering freshman beginning with school year 2002-2003, a student shall meet the criteria established in this chapter to retain or regain the scholarship.
For an exceptionally gifted student who is accepted into college without having attended high school, the Commission on Higher Education shall define alternative criteria for the student to qualify for a LIFE Scholarship."
SECTION 6. The 1976 Code is amended by adding:
"Section 2-15-63. (A) Beginning in December 2004 and every three years after that, the Legislative Audit Council shall conduct a management performance audit of the South Carolina Lottery Commission. The cost of this audit is an operating expense of the commission.
(B) Nothing in this section limits, abridges, or otherwise affects the provisions of Section 2-15-60.
(C) The Legislative Audit Council may contract with an independent firm experienced in security procedures including, but not limited to, computer security and systems security, to periodically conduct a comprehensive study and evaluation of all aspects of security in the operation of the commission and the lottery. This firm must not have a financial interest in a lottery vendor with whom the commission is under contract. The cost of this evaluation is an operating expense of the commission. The commission shall pay directly to the Legislative Audit Council the cost of the evaluation."
SECTION 7. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) a lottery ticket sold pursuant to Chapter 150 of Title 59;"
SECTION 8. Section 59-63-210 of the 1976 Code is amended to read:
"Section 59-63-210. (A) Any district board of trustees may authorize or order the expulsion, suspension, or transfer of any pupil for a the commission of any crime, gross immorality, gross misbehavior, persistent disobedience, or for violation of written rules and promulgated regulations established by the district board, county board, or the State Board of Education, or when the presence of the pupil is detrimental to the best interest of the school. Every Each expelled pupil shall have has the right to petition for readmission for the succeeding school year. Expulsion or suspension shall must be construed to prohibit a pupil from entering the school, or school grounds, except for a prearranged conference with an administrator, attending any day or night school functions, or riding a school bus. The provisions of this section shall do not preclude enrollment and attendance in any adult or night school.
(B) A district board of trustees shall not authorize or order the expulsion, suspension, or transfer of any pupil for a violation of Section 59-150-250(B)."
SECTION 9. Except for Section 59-150-350(D), (E), and (F), provisions of this chapter relating to guidelines for the appropriation of lottery proceeds must not be amended in a general appropriations act, but only in a separate piece of legislation solely for that purpose and by a majority vote of those present and voting in both houses of the General Assembly.
SECTION 11. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision so expressly provides. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 12. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding does not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 13. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Glenn F. McConnell Marion P. Carnell Thomas L. Moore /s/Thomas G. Keegan /s/Larry A. Martin /s/W. Douglas Smith On Part of the Senate. On Part of the House.
Rep. W. D. SMITH explained the Conference Report.
The SPEAKER ordered the Report printed in the Journal.
Rep. HARRELL moved that the House recur to the Morning Hour, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 3974 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 37-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF PERSONS WHO SELL PRESCRIPTION DRUG DISCOUNT CARDS, SO AS TO PROVIDE THAT SUCH PERSONS MUST REGISTER AND REPORT TO THE DEPARTMENT OF CONSUMER AFFAIRS, RATHER THAN TO THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-5-80, AS AMENDED, RELATING TO REQUIREMENTS TO OBTAIN A LICENSE TO CONDUCT INSURANCE BUSINESS IN THIS STATE, SO AS TO CLARIFY WHAT BOOKS AND RECORDS OF AN INSURER MUST BE MAINTAINED IN THIS STATE; TO AMEND SECTION 38-31-20, AS AMENDED, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT, SO AS TO INCLUDE NEW DEFINITIONS AND REVISE CERTAIN EXISTING DEFINITIONS; TO AMEND SECTION 38-31-60, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA PROPERTY AND CASUALTY GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT THE ASSOCIATION'S OBLIGATION TO AN INSURED CEASES WHEN TEN MILLION DOLLARS HAS BEEN PAID TO OR ON BEHALF OF THE INSURED AND TO ALLOW FOR ALLOCATION OF PAYMENTS WHEN THERE IS MORE THAN ONE CLAIMANT WITH A COVERED CLAIM; TO AMEND SECTION 38-31-70, AS AMENDED, RELATING TO THE PLAN OF OPERATION FOR THE ADMINISTRATION OF THE GUARANTY ASSOCIATION, SO AS TO AUTHORIZE
Reps. CATO and HARRISON proposed the following Amendment No. 1A (Doc Name COUNCIL\SKB\AMEND\18634SOM01), which was adopted:
Amend the bill, as and if amended, by striking in its entirety the unnumbered SECTION which added Section 56-1-315 (document 3974DRIV3).
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
The Senate amendments to the following Bill were taken up for consideration:
H. 3683 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 1-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE FOR STATE EMPLOYEES AND SCHOOL DISTRICT EMPLOYEES, SO AS TO REQUIRE ANNUAL STATE BUDGET AND CONTROL BOARD APPROVAL OF THE NEXT CALENDAR YEAR'S PLAN OF BENEFITS, ELIGIBILITY, AND CONTRIBUTIONS BY AUGUST FIFTEENTH PRECEDING THE CALENDAR YEAR RATHER THAN OCTOBER FIRST.
Rep. KELLEY explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4233 (Word version) -- Rep. Edge: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE NORTH BRIDGE FOR WESTBOUND TRAFFIC ON SOUTH CAROLINA HIGHWAY 9 AT THE WACCAMAW RIVER IN HORRY COUNTY AS THE "JABY COX BRIDGE" IN MEMORY OF THE LATE JABY COX, A DISTINGUISHED CITIZEN OF HORRY COUNTY AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.
On motion of Rep. EDGE, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
H. 4233 (Word version) -- Rep. Edge: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE NORTH BRIDGE FOR WESTBOUND TRAFFIC ON SOUTH CAROLINA HIGHWAY 9 AT THE WACCAMAW RIVER IN HORRY COUNTY AS THE "JABY COX BRIDGE" IN MEMORY OF THE LATE JABY COX, A DISTINGUISHED CITIZEN OF HORRY COUNTY AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly request the Department of Transportation name the north bridge for westbound traffic on South Carolina Highway 9 at the Waccamaw River as the "Jaby Cox Bridge". The department is further requested to install appropriate markers or signs at places the department considers advisable containing the words "Jaby Cox Bridge".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 4249 (Word version) -- Rep. J. R. Smith: A HOUSE RESOLUTION RECOGNIZING TAMMY SMITH, EIGHTH GRADE TEACHER, ON THE HONOR OF BEING SELECTED TEACHER OF THE YEAR AT LANGLEY-BATH-CLEARWATER MIDDLE SCHOOL IN AIKEN COUNTY, AND ENCOURAGING HER TO CONTINUE HER TIRELESS DEDICATION AND CONTRIBUTIONS TO HER STUDENTS AND HER SCHOOL.
The Resolution was adopted.
The following was introduced:
H. 4250 (Word version) -- Reps. Stuart, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION TO COMMEND THE REVEREND DENNIS JOHNSON, PASTOR OF THE PELION CHURCH OF THE NAZARENE, AND HIS WIFE, BONNIE JOHNSON, FOR EIGHTEEN YEARS OF DEVOTED SERVICE AND SPIRITUAL LEADERSHIP TO THE CHURCH, TO RECOGNIZE THEIR CIVIC COMMITMENT TO THE TOWN OF PELION, AND TO WISH THEM GODSPEED IN THEIR NEW PURSUITS.
The Resolution was adopted.
The following was introduced:
H. 4251 (Word version) -- Reps. Lourie, J. E. Smith, Bales, J. Brown, Cotty, Harrison, Howard, J. H. Neal, Quinn, Rutherford and Scott: A HOUSE RESOLUTION TO HONOR THE MEMORY OF THE LATE JOSEPH D. SAPP OF COLUMBIA, ONE OF THIS STATE'S MOST INFLUENTIAL CIVIC, BUSINESS, AND POLITICAL LEADERS, AND TO JOIN WITH THE CITY OF COLUMBIA IN
The Resolution was adopted.
The following was introduced:
H. 4252 (Word version) -- Rep. McLeod: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF 1994 NOBEL PRIZE LAUREATE IN PHYSICS, DR. CLIFFORD G. SHULL, AND HIS WIFE, MARTHA-NUEL SUMMER SHULL, A NEWBERRY NATIVE, WHO DIED RESPECTIVELY ON MARCH 31, 2001, AND APRIL 4, 2001, AND WERE BURIED IN NEWBERRY'S ROSEMONT CEMETERY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4253 (Word version) -- Reps. Hosey, Harvin, Weeks, Govan, G. M. Smith, Phillips, Allison, Barrett, Bingham, J. Brown, Cato, Chellis, Clyburn, Frye, Gilham, M. Hines, Keegan, Kelley, Koon, Lloyd, McCraw, McGee, Merrill, Ott, Rhoad, Rivers, Rutherford, Sinclair, F. N. Smith, Stille, Stuart, Thompson, Walker and J. Young: A CONCURRENT RESOLUTION TO WELCOME THE SCOTTISH RITE BICENTENNIAL CELEBRATION AND BIENNIAL SESSION TO CHARLESTON, SOUTH CAROLINA, BEGINNING THE LAST WEEK OF SEPTEMBER 2001 AND EXTEND THE BEST WISHES OF THE STATE OF SOUTH CAROLINA TO THE SCOTTISH RITE BRETHREN, DELEGATES, AND VISITING DIGNITARIES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4254 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO COMMEND AND HONOR THE MEMBERS AND COACHES OF THE RICHLAND NORTHEAST HIGH SCHOOL "CAVALIERS" BASEBALL TEAM ON THE OCCASION OF CAPTURING THE 2001 CLASS AAAA STATE BASEBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4255 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION TO REQUEST THE STATE BUDGET AND CONTROL BOARD TO CONSIDER SETTLING THE CASE OF C. BRUCE LITTLEJOHN, ET AL. V. STATE OF SOUTH CAROLINA, CASE NUMBER 00-CP-40-2666, UNDER CERTAIN TERMS AND CONDITIONS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4256 (Word version) -- Reps. Howard, Cobb-Hunter, J. H. Neal, J. Brown, Scott, Govan, Moody-Lawrence, Mack, Lloyd, Allen, Breeland, R. Brown, Clyburn, Gourdine, J. Hines, M. Hines, Hosey, Kennedy, Lee, Parks, Rutherford, F. N. Smith, Weeks, Whipper, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, G. Brown, Campsen, Carnell, Cato, Chellis, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Hinson, Huggins, Jennings, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Law, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, J. M. Neal, Neilson, Ott, Owens, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley,
Whereas, George Washington Benjamin and Mildred A. Corbitt met and fell in love. They were wed on July 3, 1952. Their union produced three children. One was the very handsome baby boy, Ronald George Benjamin; and
Whereas, Ben, a lifelong resident of Columbia, was a student at Carver Elementary and then W. A. Perry Middle School. He was a very popular student at C. A. Johnson High School and graduated in 1971; and
Whereas, on February 4, 1970, while still in high school, Ben began working for General Services after school. After graduating in 1971, he became a full-time employee with the South Carolina House of Representatives. He has worked under the leadership of five Speakers: Solomon Blatt, Rex Carter, Raymond Schwartz, Robert J. Sheheen, and the present Speaker, David H. Wilkins; and
Whereas, on February 24, 1983, Ben and the former Ginger Gilyard were united in marriage by the Rev. Leroy Cain, former Assistant Sergeant at Arms for the South Carolina House of Representatives. Upon this union, Ben and Ginger were blessed with a son, Anthony Raheem Benjamin; and
Whereas, Ben is a wonderful son, husband, father, and friend who always puts family first. He is a great conversationalist and offers great opinions; and
Whereas, Ben loves sports and racing and goes whenever he has the opportunity. He also likes fishing, cooking on the grill, and his all-time favorite thing to do is barbecuing. He also enjoys basketball and football on Sunday with his mom. He is a member of Zion Pilgrim Baptist Church, where the Reverend Leroy Cain is Pastor; and
Whereas, he has worked with the State for 31 years and 6 months. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina hereby commend and congratulate Ronald G. "Ben" Benjamin, Assistant to the Sergeant at Arms of the South Carolina House of Representatives for his dedicated thirty-one years of service to the State, his community, and the House of Representatives.
Be it further resolved that a copy of this resolution be presented to Ronald G. "Ben" Benjamin.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 733 (Word version) -- Senators Hawkins and Ritchie: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MR. GEORGE DEAN JOHNSON, JR., OF SPARTANBURG FOR HIS KEY ROLE IN BRINGING A NEW YORK STOCK EXCHANGE COMPANY'S HEADQUARTERS TO SPARTANBURG AND TO EXPRESS THE DEEPEST GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR HIS GENEROUS SUPPORT AND MANY CONTRIBUTIONS TO SPARTANBURG AND THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 734 (Word version) -- Senators Matthews and Pinckney: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND LEONARD ERVIN DAWSON, PH.D., OF DENMARK FOR HIS DEDICATION TO LEARNING, COMMITMENT TO EXCELLENCE, AND MANY CONTRIBUTIONS TO SOUTH CAROLINA AND THE NATION AS A LEADER IN THE FIELD OF EDUCATION, TO ESPECIALLY THANK HIM FOR HIS MANY YEARS OF LEADERSHIP AND DISTINGUISHED SERVICE AS PRESIDENT OF VOORHEES COLLEGE, AND TO WISH HIM AND HIS FAMILY THE VERY BEST OF HEALTH AND HAPPINESS IN THE YEARS AHEAD ON THE OCCASION OF HIS RETIREMENT FROM HIS DISTINGUISHED POST AT VOORHEES COLLEGE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4257 (Word version) -- Rep. Quinn: A BILL TO ESTABLISH SINGLE MEMBER ELECTION DISTRICTS FROM WHICH TRUSTEES OF RICHLAND-LEXINGTON SCHOOL DISTRICT 5 ARE ELECTED.
On motion of Rep. QUINN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4258 (Word version) -- Reps. Sharpe, Wilkins, W. D. Smith and Davenport: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 56, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ADMINISTER A PILOT PROGRAM WITH UP TO TEN PARTICIPANTS FOR UP TO FIVE YEARS, WITH A POSSIBLE FIVE-YEAR RENEWAL, FOR THE PURPOSE OF TESTING AND EVALUATING INNOVATIVE ENVIRONMENTAL APPROACHES TO ACHIEVE SUPERIOR ENVIRONMENTAL PERFORMANCE NOT OTHERWISE
H. 4259 (Word version) -- Reps. Martin, Allison, Cobb-Hunter, Freeman, Gilham, Haskins, Hinson, Lee, Meacham-Richardson, Miller, Moody-Lawrence, Parks, Rodgers, Stuart and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-10-45 SO AS TO PROVIDE THAT IT IS A VIOLATION OF THE WAGE REQUIREMENTS OF THIS STATE FOR AN EMPLOYER TO PAY FEMALE EMPLOYEES LESS THAN MALE EMPLOYEES FOR COMPARABLE EMPLOYMENT IF THE FEMALE EMPLOYEES HAVE EQUIVALENT EXPERIENCE AND TRAINING; AND TO AMEND SECTION 41-10-80, AS AMENDED, RELATING TO CIVIL PENALTIES FOR VIOLATION OF CERTAIN WAGE AND HOURLY PROVISIONS SO AS TO REVISE SUCH PENALTIES AND INCLUDE SECTION 41-10-45 THEREIN.
Rep. MARTIN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. TRIPP objected.
Referred to Committee on Labor, Commerce and Industry
H. 4260 (Word version) -- Reps. Sharpe and Ott: A BILL TO AMEND CHAPTER 5, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE DEFINITIONS AND ADD NEW DEFINITIONS, TO PROHIBIT THE SALE OF OFFSPRING BORN TO A CARNIVORE OR OTHER ANIMAL CROSSBRED WITH A WILD CARNIVORE, TO RESTRICT PUBLIC EXHIBITIONS OF WILD CARNIVORES AND OTHER ANIMALS FOR WHICH A RABIES VACCINE DOES NOT EXIST, TO REVISE RABIES REPORTING REQUIREMENTS, TO
Rep. ALTMAN moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3945 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME "SCOTT ROAD" IN THE TOWN OF LAKE VIEW IN DILLON COUNTY "STEPHEN DAVID SCOTT ROAD" TO HONOR MR. STEPHEN DAVID SCOTT, A DISTINGUISHED DILLON COUNTY EDUCATOR, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE ROAD CONTAINING THE WORDS "STEPHEN DAVID SCOTT ROAD".
H. 4225 (Word version) -- Reps. J. E. Smith, Harrison, Rutherford and Lourie: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE HAND MIDDLE SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT 1 UPON BEING NAMED TIME MAGAZINE SCHOOL OF THE YEAR, AN HONOR THAT RECOGNIZES KINDERGARTEN THROUGH TWELFTH GRADE SCHOOLS THAT ARE CONSIDERED "EDUCATIONAL PIONEERS" AND WISH THE SCHOOL CONTINUED SUCCESS IN ALL ITS ENDEAVORS.
H. 4227 (Word version) -- Reps. Scott, J. Brown, Howard, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Huggins, Jennings, Keegan,
H. 4228 (Word version) -- Reps. Kennedy, Harvin and Snow: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE WILLIAMSBURG COUNTY ON ITS OUTSTANDING ECONOMIC GROWTH AND SUCCESS DURING THE YEAR 2000 AND DURING THE LAST SEVERAL YEARS.
H. 4229 (Word version) -- Reps. Riser and Koon: A CONCURRENT RESOLUTION TO COMMEND THE COACH AND MEMBERS OF THE LEXINGTON HIGH SCHOOL SOFTBALL TEAM FOR THEIR FINE SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2001 STATE SOFTBALL CHAMPIONSHIP.
H. 4230 (Word version) -- Reps. Sharpe and Frye: A CONCURRENT RESOLUTION TO COMMEND THE PLAYERS, COACHES, AND STAFF OF THE W. WYMAN KING ACADEMY BASEBALL TEAM ON THEIR MEMORABLE AND RECORD SETTING SEASON AND TO CONGRATULATE THE "KNIGHTS" ON WINNING THE 2001 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AA BASEBALL STATE CHAMPIONSHIP.
H. 4239 (Word version) -- Rep. Riser: A CONCURRENT RESOLUTION TO COMMEND MR. TOBIN CASSELS OF LEXINGTON COUNTY FOR HIS MANY YEARS OF OUTSTANDING PERFORMANCE AS AN EMPLOYEE OF SOUTHEASTERN FREIGHT LINES AND
H. 4240 (Word version) -- Rep. Lloyd: A CONCURRENT RESOLUTION EXPRESSING THE HEARTFELT APPRECIATION AND HIGH REGARDS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO AN EXTRAORDINARY YOUNG MAN, RICHIE PARKER OF BEAUFORT, SOUTH CAROLINA, FOR HIS UNYIELDING DEDICATION TO OVERCOME HIS DISABILITIES BY TURNING OBSTACLES INTO CHALLENGES AND HIS INNATE ABILITY TO INSPIRE LIFE AND JOY INTO THE HEARTS OF OTHERS.
H. 4247 (Word version) -- Rep. M. Hines: A CONCURRENT RESOLUTION TO COMMEND AND HONOR RUTH DELORIS CARSON OF FLORENCE, SOUTH CAROLINA, UPON HER RETIREMENT AS HOUSING MANAGER OF THE PELICAN HOUSE AND TO WISH HER THE BEST OF LUCK IN HER FUTURE ENDEAVORS.
At 5:30 p.m. the House, in accordance with the motion of Rep. OWENS, adjourned in memory of James Woodrow Bilton, Sr. of St. George, to meet at 10:00 a.m. tomorrow.
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