Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:30 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear a passage on The Judgment, recorded by St. Matthew, Chapter 25 in The Living Bible:
"Then I, the King, shall say to those at my right, 'Come, blessed of my Father, into the Kingdom prepared for you from the founding of the world. For I was hungry and you fed me; I was thirsty and you gave me water; I was a stranger and you invited me into your homes; naked and you clothed me, sick and in prison, and you visited me'."
Let us pray.
Father, we mostly thought these things were just, perhaps, social short-comings... not heinous crimes!
Are You telling us that as Christian brothers and sisters to our neighbors we should be more solicitous, as individuals, of our fellowman's needs and problems, thereby making it easier for our government to handle the monstrous load of social welfare... which has gotten out of hand?
Is hunger, poverty, health and crime a part of our mission, or call-to-mission, of citizens in community?
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
On motion of Senator McCONNELL, with unanimous consent, a Memorandum dated April 11, 2001, from the Redistricting Subcommittee Staff regarding a statistical county-by-county listing of each voting precinct in the State, prepared by the Office of Research and Statistics of the S. C. Budget and Control Board, was distributed to each of the members of the Senate.
Senator GIESE introduced Dr. Leo Walker of Columbia, S.C., Doctor of the Day.
The following were introduced:
S. 574 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3335 SO AS TO ALLOW INDIVIDUALS WHO HAVE ATTAINED THE AGE OF EIGHTY-FIVE YEARS A REFUNDABLE STATE INCOME TAX CREDIT EQUAL TO THREE-TENTHS OF ONE PERCENT OF MODIFIED FEDERAL ADJUSTED GROSS INCOME AND TO PROVIDE THE MANNER IN WHICH THAT AMOUNT IS MODIFIED; AND TO AMEND SECTIONS 12-36-2620, 12-36-2630, AND 12-36-2640, RELATING TO THE INCREMENTS CONSTITUTING THE FIVE PERCENT STATE SALES AND USE TAX, THE SEVEN PERCENT STATE SALES TAX ON ACCOMMODATIONS, AND THE FIVE PERCENT STATE CASUAL EXCISE TAX, SO AS TO DELETE THE EXEMPTION FOR INDIVIDUALS WHO HAVE ATTAINED THE AGE OF EIGHT-FIVE YEARS FOR THAT PORTION OF THOSE TAXES CREDITED TO THE EDUCATION IMPROVEMENT ACT FUND, AND TO LIMIT THE CREDIT FOR TAXABLE YEAR 2001 TO ONE-HALF OF THE AMOUNT OTHERWISE ALLOWED.
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Read the first time and referred to the Committee on Finance.
S. 575 (Word version) -- Senators Bauer, Ford, Hawkins, Ryberg, Grooms, Giese, Elliott, Wilson, Ravenel, Richardson, Leatherman, J. Verne Smith, Courson, Gregory and Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-8935 SO AS TO MAKE IT UNLAWFUL FOR A MINOR TO PURCHASE OR POSSESS CIGARETTES, TOBACCO, CIGARETTE PAPER, OR ANY PRODUCT CONTAINING TOBACCO, TO PROVIDE A PENALTY OF NOT LESS THAN TWENTY-FIVE DOLLARS AND NOT MORE THAN ONE HUNDRED DOLLARS, AND TO AUTHORIZE THE COURT TO SUSPEND OR RESTRICT THE MINOR'S DRIVER'S LICENSE FOR A PERIOD NOT TO EXCEED NINETY DAYS, AND TO GIVE
Read the first time and referred to the Committee on Judiciary.
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: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO ADD AN ADDITIONAL FELONY PENALTY WHEN A PERSON WEARS BODY ARMOR WHEN COMMITTING A CRIME INVOLVING A VIOLENT ACT OR A THREAT OF A VIOLENT ACT AND TO PROVIDE EXCEPTIONS; AND BY ADDING SECTION 16-3-1085 SO AS TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS BEEN CONVICTED OF A VIOLENT CRIME TO PURCHASE, OWN, POSSESS, OR USE BODY ARMOR, TO PRESCRIBE PROCEDURES FOR GAINING AN EXCEPTION FROM THE CHIEF OF POLICE OR COUNTY SHERIFF, TO AUTHORIZE LAW ENFORCEMENT AGENCIES TO ISSUE BODY ARMOR TO A PERSON IN CUSTODY OR TO A WITNESS; AND TO PROVIDE PENALTIES.
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Read the first time and referred to the Committee on Judiciary.
S. 577 (Word version) -- Senator O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-1-340 SO AS TO PROVIDE THAT A PSYCHOLOGIST APPOINTED BY FAMILY COURT FOR A CUSTODY EVALUATION, THE COURT OF COMMON PLEAS, OR PROBATE COURT IS IMMUNE FROM CIVIL LIABILITY FOR ANY ACT OR OMISSION COMMITTED WITHIN THE SCOPE OF THE COURT ORDERED APPOINTMENT AND TO PROVIDE EXCEPTIONS.
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Read the first time and referred to the Committee on Judiciary.
S. 578 (Word version) -- Senator Bauer: A BILL TO AMEND SECTION 40-79-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE TO ENGAGE IN AN ALARM SYSTEM BUSINESS, SO AS TO REQUIRE AN APPLICANT TO OBTAIN A CERTIFICATE OF COMPLETION OF TRAINING OR COURSE WORK FROM THE NATIONAL TRAINING SCHOOL OR THE NICET; TO AMEND SECTION 40-79-240, RELATING TO LICENSE RENEWAL REQUIREMENTS, SO AS TO REQUIRE TWELVE HOURS OF CONTINUING EDUCATION FOR RENEWAL; AND TO ADD SECTION 40-79-245 SO AS TO REQUIRE CONTINUING EDUCATION COURSES TO BE APPROVED BY THE BOARD.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 579 (Word version) -- Senator Elliott: A BILL TO PROVIDE FOR PAYMENT OF AN ADDITIONAL ANNUAL PER DIEM FOR THE CHAIRMAN OF THE DILLON COUNTY TRANSPORTATION COMMITTEE.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
S. 580 (Word version) -- Senators Hawkins, Ritchie and Reese: A SENATE RESOLUTION TO COMMEND AND CONGRATULATE MR. STAN CORWIN OF MAYO FOR ACCOMPLISHING THE GREAT FEAT OF SAILING AROUND THE WORLD FOR THE THIRD TIME AT THE AGE OF SIXTY-NINE AND WISH HIM MANY MORE SUCCESSFUL ODYSSEYS IN THE FUTURE.
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The Senate Resolution was adopted.
H. 3922 (Word version) -- Rep. Thompson: A CONCURRENT RESOLUTION HONORING THE MEMORY OF ARTHUR E. HOLMAN, JR., ONE OF ANDERSON COUNTY'S ABLEST AND MOST DISTINGUISHED LEADERS AND OFFERING THE SINCERE CONDOLENCES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO HIS WONDERFUL FAMILY AND COUNTLESS FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3924 (Word version) -- Reps. Battle and Hayes: A CONCURRENT RESOLUTION TO COMMEND JAROD GERALD OF MULLINS HIGH SCHOOL FOR AN OUTSTANDING BASKETBALL SEASON THAT ENDED WITH HIS BEING NAMED THE CLASS AA MR. BASKETBALL, THE AWARD GIVEN TO THE TOP SENIOR BASKETBALL PLAYER IN EACH SOUTH CAROLINA HIGH SCHOOL CLASSIFICATION.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the UNIVERSITY OF SOUTH CAROLINA to attend a luncheon at the Carolina Plaza - Second Floor on Wednesday, April 25, 2001, from 12:30 until 1:45 P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Waldrep Alexander Bauer Richardson
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC ASSOCIATION OF MUNICIPAL POWER SYSTEMS to attend a reception at Seawell's on Wednesday, April 25, 2001, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Waldrep Alexander Bauer Richardson
Senator COURSON from the Committee on Invitations polled out H. 3864 favorable:
H. 3864 (Word version) -- Rep. J.E. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE APRIL AS CHILD ABUSE PREVENTION MONTH.
AYES
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Waldrep Alexander Bauer Richardson
Ordered for consideration tomorrow.
S. 573 (Word version) -- Senators Wilson and Ryberg: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE WORK OF
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 481 (Word version) -- Senators Holland and McConnell: A BILL TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF "HARASSMENT", SO AS TO INCLUDE WRITTEN OR ELECTRONIC COMMUNICATION; TO AMEND SECTION 16-3-1710, RELATING TO PENALTIES UPON CONVICTION FOR HARASSMENT WITHIN SEVEN YEARS OF A PRIOR CONVICTION OF HARASSMENT OR STALKING, SO AS TO CLARIFY THE LANGUAGE OF THE SECTION; TO AMEND SECTION 16-3-1720, AS AMENDED, RELATING TO PENALTIES UPON CONVICTION FOR STALKING, SO AS TO INCREASE THE LENGTH OF MANDATORY IMPRISONMENT; TO AMEND SECTION 16-3-1730, RELATING TO PENALTIES UPON CONVICTION OF AGGRAVATED STALKING, SO AS TO INCREASE THE MAXIMUM PENALTY; TO AMEND SECTION 16-3-1750, RELATING TO AN ACTION SEEKING A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING, SO AS TO REQUIRE THAT, WHEN A RESTRAINING ORDER IS ISSUED AS A CONDITION OF BOND, A COPY OF THE RESTRAINING ORDER MUST BE SENT BY THE COURT
Senator MARTIN spoke on the Bill.
Senator RITCHIE explained the Bill.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 316 (Word version) -- Senators Peeler, Hayes, Ryberg, Wilson and McGill: A BILL TO AMEND SECTION 2-48-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO CONTRACT FOR HOUSING AND CARE OF INMATES UNDER THE COMMUNITY CORRECTIONS INCENTIVE ACT, SO AS TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO CONTRACT TO HAVE CONSTRUCTED, OR FUND ALL OR A PORTION OF THE CONSTRUCTION COSTS ASSOCIATED WITH CERTAIN FACILITIES IF FUNDS ARE APPROPRIATED; SECTION 2-48-30, RELATING TO THE LOCAL GOVERNMENT ENTITY PROVIDING LAND FOR A COMMUNITY CORRECTIONAL FACILITY, SO AS TO AUTHORIZE THE DEPARTMENT TO CONTRACT FOR THE CONSTRUCTION OF THESE FACILITIES AND TO CONTRACT WITH LOCAL
Senators PEELER and RYBERG explained the Bill.
S. 315 (Word version) -- Senator Thomas: A BILL 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 REFERRAL PROGRAM WITHIN THE DEPARTMENT OF CORRECTIONS AS A STATEWIDE EMPLOYMENT REFERRAL PROGRAM DESIGNED TO REINTEGRATE INMATES INTO THE LABOR FORCE AFTER SERVING THEIR SENTENCES IN A DEPARTMENT FACILITY.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Corrections and Penology.
The Corrections and Penology Committee proposed the following amendment (GGS\22976CM01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 41 of the 1976 Code is amended by adding:
Offender Employment Referral Program
Section 41-38-10. To aid incarcerated individuals with reentry into their home communities of this State, the South Carolina Department of Corrections shall assist inmates in preparing for meaningful employment upon release from confinement. The South Carolina Department of Corrections shall coordinate efforts in this matter with the Employment Security Commission, the Department of Probation, Parole and Pardon Services, the Department of Vocational Rehabilitation, the Alston Wilkes Society, and other private sector entities.
Section 41-38-20. The Department of Corrections, the Department of Probation, Parole and Pardon Services, the Department of Vocational Rehabilitation, the Employment Security Commission, and the Alston Wilkes Society, and other private sector entities shall adopt a memorandum of understanding that establishes the respective responsibilities of each agency and each organization and shall adopt rules or policies necessary to implement the memorandum of understanding.
Section 41-38-30. The memorandum of understanding between the South Carolina Department of Corrections, the Department of Probation, Parole and Pardon Services, the Department of Vocational Rehabilitation, the Employment Security Commission, the Alston Wilkes Society, and other private sector entities shall establish the role of each agency in:
(1) ascertaining an inmate's opportunities for employment after his release from confinement and providing him with appropriate vocational and academic education and lifeskills assessments;
(2) developing appropriate skills enhancement programs for inmates;
(3) coordinating job referrals and related services with inmates before their release from incarceration;
(4) encouraging participation by inmates in the services offered;
(5) developing and maintaining a statewide network of employment referrals for inmates at the time of their release from incarceration and aiding inmates in the securing of employment;
(6) identifying and facilitating other transitional services within both the governmental and private sectors; and
(7) surveying employment trends within the State and making proposals to the Department of Corrections regarding potential vocational training activities.
Section 41-38-40. The South Carolina Department of Corrections shall administer the efforts of the affected state agencies through its program services administration. The South Carolina Department of Corrections shall:
(1) ensure that all inmates eligible for community reentry are afforded these services;
(2) develop policies and standards necessary for the provision of assessment, training, and referral services;
(3) obtain information from appropriate agencies and organizations affiliated with the services to determine actions that should be undertaken to create or modify these services;
(4) disseminate information about the services throughout the State;
(5) provide appropriate information and assistance to other agencies to carry out the purposes of this section;
(6) provide inmates of the Department of Corrections information concerning post release job training and employment referral services, and information concerning services that may be available from the Department of Alcohol and Other Drug Abuse Services, the Department of Mental Health, or the Office of Veterans Affairs;
(7) prepare an annual report that will be submitted to the directors of each department named in this chapter; and
(8) negotiate with the Alston Wilkes Society and other private sector entities concerning the delivery of assistance or services to inmates who are transitioning from incarceration to reentering their communities."
SECTION 2. The 1976 Code is amended by adding:
"Section 43-31-160. In addition to the duties of the Department of Vocational Rehabilitation as set forth in Sections 43-31-20 and 43-31-60, the department shall provide services authorized by this chapter to individuals who have committed criminal offenses and are incarcerated, or have been incarcerated in the Department of Corrections when these individuals suffer from physical or mental disabilities that may constitute a substantial handicap to employment. To assist these individuals, the Department of Vocational Rehabilitation shall assist inmates after release from confinement."
SECTION 3. This act takes effect upon approval by the Governor and is conditioned upon the appropriation of necessary funds to carry out the intent and purposes of this act. /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bill and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:
S. 472 (Word version) -- Senator Alexander: A BILL TO PROVIDE THAT THE BOND OF THE SUPERINTENDENT OF EDUCATION FOR OCONEE COUNTY SHALL BE A MINIMUM OF ONE HUNDRED THOUSAND DOLLARS RATHER THAN TEN THOUSAND DOLLARS.
S. 566 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING HOSPITALS AND INSTITUTIONAL GENERAL INFIRMARIES RELATING TO PERINATAL CARE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2518, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 567 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF NURSING, RELATING TO STANDARDS FOR AUTHORIZED PRESCRIPTIONS BY THE NURSE PRACTITIONER WITH PRESCRIPTIVE AUTHORITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2577, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 568 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO PHYSICIAN ASSISTANTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2605, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 569 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INDUSTRIAL WASTE DISPOSAL SITES AND FACILITIES; AND SANITARY LANDFILL DESIGN, CONSTRUCTION, AND OPERATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2530, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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.
S. 571 (Word version) -- Senator Hawkins: A BILL TO AMEND ACT 1195 OF 1958, AS AMENDED, RELATING TO THE WEST VIEW-FAIRFOREST FIRE DISTRICT CONTROL BOARD, SO AS TO DECREASE THE TERM OF OFFICE OF THE MEMBERS FROM SIX YEARS TO FOUR YEARS; AND TO AMEND ACT 500 OF 1998 TO PROVIDE THAT THE TWO ADDITIONAL MEMBERS OF THE BOARD ADDED BY THIS ACT MUST BE APPOINTED TO OFFICE AS PROVIDED BY LAW.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator HAWKINS proposed the following amendment (571R001.JDH), which was adopted:
Amend the bill, as and if amended, page 1, by striking line 40 and inserting:
/ annually a report with the Spartanburg County Board of Control governing body of Spartanburg County /
Renumber sections to conform.
Amend title to conform.
Senator HAWKINS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 559 (Word version) -- Finance Committee: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES TAX ACT, SO AS TO PROVIDE THAT GROSS PROCEEDS OF SALES DO NOT INCLUDE INTEREST, FEES, OR CHARGES IMPOSED ON A CUSTOMER FOR LATE PAYMENT OF A BILL FOR ELECTRICITY OR NATURAL GAS, OR BOTH, WHETHER OR NOT SALES TAX IS REQUIRED TO BE PAID ON THE UNDERLYING BILL.
On motion of Senator MOORE, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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
The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 30 (SWB\5308DJC01) proposed by Senators COURSON and MARTIN and previously printed in the Journal of Tuesday, April 10, 2001. Amendment No. 30 was subsequently tabled.
Senator COURSON explained the amendment.
On motion of Senator HAWKINS, with unanimous consent, Senators HUTTO, RITCHIE, WALDREP and HAWKINS were granted leave to attend a subcommittee meeting and be notified of any roll call votes.
Senator COURSON resumed explaining the amendment.
Senator MARTIN argued in favor of the adoption of the amendment.
Senator GREGORY spoke on the amendment.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Drummond Elliott Ford Glover Holland Hutto Land Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Ravenel Reese Richardson Saleeby Setzler Short
Bauer Branton Courson Fair Giese Gregory Grooms Hawkins Hayes Jackson Leatherman Martin Mescher Peeler Ritchie Ryberg Smith, J. Verne Thomas Verdin Wilson
Amendment No. 30 was laid on the table.
Senator RICHARDSON asked unanimous consent to make a motion to take up Amendment No. 49A for immediate consideration.
Senator MOORE objected.
Senator RYBERG proposed the following Amendment No. 31 (BBM\10160HTC01), which was subsequently withdrawn:
Amend the bill, as and if amended, by striking Section 33-57-140(A) beginning on page 5, line 32 and inserting:
/ (A) The corporation is governed by a board composed of nine members to be appointed as follows:
(1) five members must be appointed by the Governor with the advice and consent of the Senate, one of whom he shall designate in the appointment to serve as chairman;
(2) two members must be appointed by the President Pro Tempore of the Senate; and
(3) two members must be appointed by the Speaker of the House of Representatives. /
Amend further, page 6, by striking Section 33-57-140(D), beginning on line 24 and inserting:
/ (D) Members appointed by the Governor shall serve for terms of four years and until their successors are appointed and qualify except of those first appointed, two shall serve for terms of two years and until their successors are appointed and qualify. Notwithstanding the beginning and ending dates of the terms of members appointed by the Governor, the member appointed by the Governor to serve as chairman shall serve for a term coterminous with the term of the Governor. The members appointed by the President Pro Tempore of the Senate and the Speaker of the House shall serve for terms coterminous with the terms of members of the South Carolina Senate and the South Carolina House of Representatives respectively. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
Senator MOORE argued contra to the adoption of the amendment.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Drummond Ford Glover Holland Hutto Jackson Land Leventis Matthews McGill Mescher Moore O'Dell Passailaigue Patterson Pinckney Rankin Reese Saleeby Setzler Short
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin McConnell Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator PATTERSON argued contra to the adoption of the amendment.
At 12:34 P.M., Senator McCONNELL assumed the Chair.
Senator PATTERSON continued arguing contra to the adoption of the amendment.
With Senator PATTERSON retaining the floor, Senator RYBERG asked unanimous consent to make a motion to amend Amendment No. 31.
Senator RANKIN objected.
Senator PATTERSON continued arguing contra to the adoption of the amendment.
With Senator PATTERSON retaining the floor, Senator MOORE asked unanimous consent to make a motion to carry over Amendment No. 31.
Senator WILSON objected.
Senator PATTERSON continued arguing contra to the adoption of the amendment.
Senator PATTERSON moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Drummond Elliott Ford Glover Holland Hutto Jackson Land Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Reese Saleeby Setzler Short
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hawkins
Hayes Leatherman Martin McConnell Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
At 1:19 P.M., the PRESIDENT assumed the Chair.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator RYBERG spoke on the amendment.
Senator MOORE asked unanimous consent to make a motion to withdraw Amendment No. 31 and take up for immediate consideration Amendment No. 31A.
There was no objection.
Senators RYBERG, RITCHIE and MOORE proposed the following Amendment No. 31A (JUD0496.100), which was adopted:
Amend the bill, as and if amended, page 5, beginning on line 32, in Section 33-57-140(A), as contained in SECTION 2, by striking subsection (A) in its entirety and inserting therein the following:
/ (A) The corporation is governed by a board composed of nine members to be appointed as follows, with mandatory inclusion from each of the state's congressional districts:
(1) five members shall be appointed by the Governor with the advice and consent of the Senate, one of whom must be designated by the Governor an at-large member who shall serve as chairman of the board; of the remaining four members, none shall reside in the same congressional district as the others;
(2) two members shall be appointed by the President Pro Tempore of the Senate, neither of whom may reside in the same congressional district as the other; and
(3) two members shall be appointed by the Speaker of the House of Representatives, neither of whom may reside in the same congressional district as the other. /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
Senators MOORE, RANKIN, SETZLER and MATTHEWS proposed the following Amendment No. 32A (496R002.TLM), which was withdrawn:
Amend the bill, as and if amended, Section 33-57-130, SECTION 2, Page 5, Line 24, by striking
/ South Carolina Administrative Procedures Act, /
Amend the bill further, Section 33-57-150, SECTION 2, Page 8 by striking lines 11-12 and inserting the following:
/ relating to the conduct of lottery games as specified in Section /
Amend the bill further, Section 33-57-170, SECTION 2, Page 11, by striking lines 37-38 and inserting the following:
/ Section 33-57-170. (A) The board may promulgate regulations and adopt /
Amend the bill further, Section 33-57-390, SECTION 2, Page 32, by striking lines 17-34 and inserting the following:
/ Section 33-57-390. (A) Any retailer, vendor, applicant for a retailer license, or lottery game ticket holder aggrieved by an action of the board may appeal that decision to the South Carolina 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 from the board of the action of which review is sought. Service of notice is presumed conclusively ten days after mailing by registered or certified mail to the applicant or licensee of notice at his last known address. An appeal to the South Carolina Administrative Law Judge Division pursuant to this section is not a contested case as defined by the Administrative Procedures Act, but the appeal is subject to the procedural due process requirements provided for in Article 5, Chapter 23, Title 1 and the Rules of Procedure of the Administrative Law Judge Division. Appeals regarding vendor contracts must be brought pursuant to the South Carolina Procurement Code. /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
On motion of Senator MOORE, with unanimous consent, Amendment No. 32A was withdrawn.
Senator RITCHIE spoke on the amendment.
With Senator RITCHIE retaining the floor, at 2:10 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed fifteen minutes.
At 3:20 P.M., the Senate resumed.
On motion of Senator MOORE, with unanimous consent, Amendment No. 36B was taken up for immediate consideration.
Senator RICHARDSON proposed the following Amendment No. 36B (PT\1405MM01), which was adopted:
Amend the bill, as and if amended, page 5, immediately after line 30 by inserting:
/ Section 33-37-135. Notwithstanding the provisions of Sections 33-57-120, 33-57-130, 33-57-150, and 33-57-170, regarding the Administrative Procedures Act, or any other provision of law, the South Carolina Lottery Corporation has the authority to adopt temporary regulations, policies, and procedures to implement the provisions of this chapter which must be consistent with this chapter, except as otherwise provided for in this section. These regulations, policies, and procedures are not considered regulations as defined by the Administrative Procedures Act; however, these regulations, policies, and procedures have the force and effect of law. The only lottery games that may be played pursuant to these temporary regulations, policies, and procedures are instant tickets and online lottery games. A multistate lottery game may not be played under these regulations, policies, and procedures and may be implemented only when regulations have been promulgated and take effect pursuant to the Administrative Procedures Act. The corporation shall submit regulations to the General Assembly for review in accordance with the Administrative Procedures Act by January 15, 2002. /
Renumber sections to conform.
Amend title to conform.
Senator RICHARDSON explained the amendment.
Senator THOMAS argued contra to the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Courson Drummond Ford Glover Grooms Hawkins Hayes Holland Hutto Jackson Land Leatherman Leventis Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Saleeby Setzler Short Waldrep
Fair Giese Gregory Martin Ritchie Ryberg Smith, J. Verne Thomas Verdin Wilson
The amendment was adopted.
On motion of Senator MOORE, with unanimous consent, Amendment No. 53 was taken up for immediate consideration.
Senator RITCHIE proposed the following Amendment No. 53 (496RICAT), which was adopted:
Amend the bill, as and if amended, Section 33-57-120(7), page 3, line 31, by striking line 31 and inserting / pursuant to this chapter including, but not limited to, the lottery game categories of: instant /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
Senator RITCHIE moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator RITCHIE, with unanimous consent, Amendment No. 57A was taken up for immediate consideration.
Senator RITCHIE proposed the following Amendment No. 57A (496R011.JHR), which was adopted:
Amend the bill, as and if amended, Section 33-57-170, SECTION 2, page 11, by deleting lines 37 through 42, and inserting:
/ Section 33-57-170. (A) In accordance with the Administrative Procedures Act, the board must promulgate regulations relating to those categories of lottery games not approved in Section 33-57-135 and the conduct of those games. An emergency regulation may not be used to approve a category of a lottery game, except that a lottery game within a category may be modified by an emergency regulation. A lottery game may be suspended by a majority vote of the board.
(B) The regulations must address, but are not limited to, addressing the:
(1) category of lottery games as described in Section 33-57-120(7). /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
Senator MOORE spoke on the amendment.
Senator RICHARDSON spoke on the amendment.
Senator RITCHIE moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator McCONNELL, debate was interrupted by adjournment.
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet tomorrow at 10:30 A.M., which motion was adopted.
On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Elizabeth H. Porter of Powdersville, S.C.
At 4:05 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 10:30 A.M.
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