Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear a word from the Book of Nahum (1:7-8a):
"The Lord is good, a stronghold in a day of trouble; He protects those who take refuge in Him, even in a rushing flood."
Let us pray.
Father, thank You for the reassurance that we garner strength to resist the pressures that drive and push us in so many different directions in these days burdened with destiny for all the peoples of the earth. Tensions are building up in our national Congress and in the states of our whole nation.
Give us, we pray, the blessed relief of knowing that Your Spirit is truly brooding over us.
Give us wisdom to make right decisions at every level of government and especially at every level of our military might, making true the ancient words:
"The Peace of God, that passeth all understanding be with you all."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointment was transmitted by the Honorable Mark C. Sanford:
Initial Appointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Matthew B. Hubbard, 4202 Berry Mill Road, Greer, S.C. 29651
VICE Jack L. Pierce
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 1213 (Word version), R-324, an Act:
TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DELETE THE PROHIBITION THAT A MEMBER OF THE COMMISSION SHALL NOT SERVE MORE THAN TWO CONSECUTIVE TERMS.
I am vetoing this Act based on my belief in the benefits of term limits for public offices. Term limits are an effective way to bring new people and perspectives into a debate, whether it is to a recreation commission or one of the many other boards and commissions that direct the agencies and policies of this State.
This Bill runs contrary to that idea, and for this reason, I am returning S. 1213, R-324 to you without my signature.
Sincerely,
Mark Sanford
(R324, S. 1213 (Word version)) -- Senators Knotts, Setzler, Courson and Cromer: AN ACT TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DELETE THE PROHIBITION THAT A MEMBER OF THE COMMISSION SHALL NOT SERVE MORE THAN TWO CONSECUTIVE TERMS.
The veto of the Governor was taken up for immediate consideration.
Senator SETZLER, on behalf of the Lexington County Legislative Delegation, moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Courson Cromer Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Kuhn Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
On behalf of Senator McGILL, Senator McCONNELL introduced Dr. Layton McCurdy of Charleston, S.C., Doctor of the Day.
At 11:15 A.M., Senator MARTIN requested a leave of absence beginning at 12:30 P.M. for the balance of the day in order to attend his daughter's graduation.
At 11:15 A.M., Senator JACKSON requested a leave of absence for the balance of the week.
At 11:45 A.M., Senator McGILL requested a leave of absence beginning at 6:30 P.M. and lasting until 8:30 A.M. in the morning.
At 11:45 A.M., Senator LEVENTIS requested a leave of absence beginning at 5:00 P.M. on Wednesday and lasting until Thursday morning.
At 11:45 A.M., Senator LAND requested a leave of absence beginning on Wednesday at 2:30 P.M. until 3:45 P.M.
At 11:45 A.M., Senator SHORT requested a leave of absence beginning at 4:00 P.M. on Wednesday and lasting until midnight.
At 12:50 P.M., Senator SHEHEEN requested a leave of absence from 5:00 - 9:00 P.M. today.
At 2:44 P.M., Senator J. VERNE SMITH requested a leave of absence beginning at 4:00 P.M. today until 10:00 A.M. tomorrow.
At 2:44 P.M., Senator GROOMS requested a leave of absence from 6:00 - 8:00 P.M. today.
At 2:45 P.M., Senator HAWKINS requested a leave of absence beginning at 6:00 P.M. today until 9:00 A.M. tomorrow.
At 2:45 P.M., Senator RANKIN requested a leave of absence beginning at 8:00 P.M. today until 4:00 P.M. tomorrow.
At 2:45 P.M., Senator RAVENEL requested a leave of absence beginning at 8:30 P.M. today until 9:00 A.M. tomorrow.
At 2:46 P.M., Senator KNOTTS requested a leave of absence beginning at 6:00 P.M. today until 4:00 P.M. tomorrow.
I have requested leave from the Senate from 6 p.m. until 10:00 p.m. tonight. I have received a telephone call from my brother to inform me that hospice has been called in and my family needs to make important decisions at the nursing home regarding my stepmother. I will return to the Senate as soon as possible following this meeting.
At 4:56 P.M., Senator FAIR requested a leave of absence beginning at 7:00 P.M. today until 9:00 A.M. tomorrow.
At 4:57 P.M., Senator BRANTON requested a leave of absence beginning at 5:00 P.M. today until 11:00 A.M. tomorrow.
H. 5215 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF GADDY'S MILL ROAD IN THE CITY OF DILLON FROM ITS INTERSECTION WITH KENTYRE ROAD TO ITS INTERSECTION WITH PLEASANT HILL ROAD THE "LIDE T. MOODY HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "LIDE T. MOODY HIGHWAY".
Senator ELLIOTT asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection and the Resolution was recalled.
The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.
On motion of Senator ELLIOTT, with unanimous consent, the Resolution was adopted and ordered returned to the House.
H. 4848 (Word version) -- Reps. McCraw, Phillips, Ceips, Clark, Cobb-Hunter, Duncan, Emory, Freeman, Gourdine, Hagood, J. Hines, M. Hines, Hosey, Leach, Limehouse, Moody-Lawrence, Perry, Rice, Scarborough, Sinclair, Skelton, D.C. Smith, G.R. Smith, J.R. Smith, Clemmons, W.D. Smith, Barfield, Snow, Stille, Taylor and Tripp: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 74 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE VIETNAM WAR VETERANS SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF THE FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
Senator PEELER asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection and the Bill was recalled from committee and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1263 (Word version) -- Senator McConnell: A SENATE RESOLUTION TO COMMEND SUSAN SMITH BARDEN, ASSISTANT DIRECTOR OF RESEARCH AND ATTORNEY TO THE SOUTH CAROLINA SENATE JUDICIARY COMMITTEE, FOR HER EXCELLENT SERVICE TO THE COMMITTEE AND THE SENATE AS A WHOLE, AND TO EXTEND BEST WISHES TO HER AS SHE IS APPOINTED AND CONFIRMED IN HER NEW POSITION AS AN AT-LARGE MEMBER OF THE WORKERS' COMPENSATION COMMISSION.
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The Senate Resolution was adopted.
S. 1264 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO RECOGNIZE ST. MARTIN DE PORRES CATHOLIC SCHOOL IN COLUMBIA FOR BEING ONE OF THE MOST OUTSTANDING SCHOOLS IN SOUTH CAROLINA AND TO COMMEND THEM FOR THEIR EXCELLENCE IN EDUCATION AND FOR DEVELOPING THE YOUNG MINDS OF PREDOMINANTLY AFRICAN-AMERICAN STUDENTS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1265 (Word version) -- Senator Mescher: A CONCURRENT RESOLUTION TO EXPRESS THE SINCEREST GRATITUDE OF THE STATE OF SOUTH CAROLINA TO THE UNITED STATES SUBMARINE VETERANS, INC., CHARLESTON, SOUTH CAROLINA CHAPTER, FOR THEIR DEDICATION AND PRECISION IN RESTORING THE "LITTLE DAVID" TO ITS RIGHTFUL PLACE IN NAVAL HISTORY.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1266 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION TO REQUEST APPROPRIATE FEDERAL AND STATE HIGHWAY OFFICIALS TO DESIGNATE HIGHWAY 22, THE CONWAY BYPASS, AS PART OF NEW INTERSTATE HIGHWAY I-73 WHICH CONGRESS HAS AUTHORIZED AND WHICH IS SCHEDULED TO COME WITHIN THE BOUNDARIES OF SOUTH CAROLINA.
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.
S. 1267 (Word version) -- Senators Knotts, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE MISS AUNDREA COOK OF GILBERT FOR BEING NAMED SOUTH CAROLINA'S JUNIOR MISS, AND TO WISH HER MUCH SUCCESS AT THE NATIONAL
The Senate Resolution was adopted.
S. 1268 (Word version) -- Senator Moore: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE DR. RAYMOND F. LALA OF THE UNITED STATES PUBLIC HEALTH SERVICE AND THE STATE DENTAL COORDINATOR FOR THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UPON HIS REASSIGNMENT TO THE HEALTH RESOURCES AND SERVICES ADMINISTRATION IN ROCKVILLE, MARYLAND, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 1269 (Word version) -- Senators Richardson, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Ritchie, Ryberg, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION TO HONOR THE REVEREND DR. GEORGE ELIAS MEETZE, BELOVED SENATE CHAPLAIN, ON THE OCCASION OF HIS NINETY-FIFTH BIRTHDAY AND TO CELEBRATE HIS RICH AND FULL LIFE AND WISH HIM A FUTURE FULL OF GOOD HEALTH AND CONTINUED ENJOYMENT OF HIS MANY FRIENDS AND LOVING FAMILY.
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Whereas, Reverend Dr. George Elias Meetze was born June 24, 1909, in Columbia, the son of Narvie Elias and Fannie Belle (Lietzsey) Meetze; and
Whereas, Reverend Dr. George E. Meetze graduated from the University of South Carolina, cum laude, in 1930; and
Whereas, Reverend Dr. George E. Meetze completed his pastoral training from N.Y. Theological Seminary in 1933 and from the Lutheran Southern Seminary in Columbia in 1934; and
Whereas, Reverend Dr. George E. Meetze married the late Margaret Allen on June 30, 1936. They celebrated 58 years of marriage before her death on March 9, 1994; and
Whereas, Reverend Dr. George E. Meetze is the proud father of two sons, George Allen and William Dagnall, and the proud grandfather of four grandsons, Vic, Mike, Will and George; and
Whereas, Reverend Dr. George E. Meetze is revered in his faith community as an active member of St. Paul's Lutheran Church where he was confirmed in 1921 at age 12; and
Whereas, Reverend Dr. George E. Meetze is a dedicated servant of the Lord and his fellow man and is a true blessing to his church, the members and staff of the South Carolina Senate, and to the State of South Carolina; and
Whereas, the South Carolina Senate is forever grateful to Reverend Dr. George E. Meetze for his exemplary service and leadership during the past 54 years as its chaplain since January 10, 1950. Now, therefore,
Be it resolved by the Senate:
That the members of the Senate, by this resolution, honor Reverend Dr. George Elias Meetze, beloved Senate Chaplain, on the occasion of his ninety-fifth birthday and to celebrate his rich and full life and wish him a future full of good health and continued enjoyment of his many friends and loving family.
Be it further resolved that a copy of this resolution be forwarded to Reverend Dr. George E. Meetze.
The Senate Resolution was adopted.
On motion of Senator RICHARDSON, with unanimous consent, the Privilege of the Floor was extended to Chaplain George E. Meetze on the occasion of the celebration of his upcoming 95th birthday.
On motion of Senator RICHARDSON, with unanimous consent, the Privilege of the Chamber to that area behind the rail was extended to the family of Chaplain Meetze.
On motion of Senator SETZLER, with unanimous consent, Chaplain Meetze was granted leave to address the Senate with brief remarks.
I want to thank you all for one of the most thrilling moments of my life. No one can understand what a privilege it is for me from January
On motion of Senator McCONNELL, with unanimous consent, Chaplain Meetze's remarks were ordered printed in the Journal.
At 11:19 A.M., on motion of Senator RICHARDSON, the Senate receded from business not to exceed twenty minutes.
At 11:46 A.M., the Senate resumed.
S. 1270 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION TO COMMEND CHIEF HAROLD D. HATCHER, CHIEF OF THE WACCAMAW INDIAN PEOPLE OF CONWAY, SOUTH CAROLINA, FOR HIS OUTSTANDING CONTRIBUTIONS TO THE DEVELOPMENT OF THE REGULATIONS TO PROVIDE STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES AND HIS LEADERSHIP IN BRINGING THE CONCERNS AND ISSUES OF ALL NATIVE AMERICAN INDIANS TO THE ATTENTION OF THE SOUTH CAROLINA GENERAL ASSEMBLY.
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The Concurrent Resolution was adopted, ordered sent to the House.
H. 4652 (Word version) -- Reps. J. Brown, Cotty, Scott, Govan, Lourie, McLeod, Altman, Bailey, Bingham, Breeland, G. Brown, R. Brown, Clark, Clyburn, Harrison, J. Hines, M. Hines, Keegan, Lloyd, Martin, Merrill, Ott, E. H. Pitts, Toole and Whipper: A BILL TO AMEND SECTION 56-1-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE OPERATING RECORD POINT VIOLATION SYSTEM, SO AS TO PROVIDE THAT A UNIFORM PARKING VIOLATIONS TICKET ISSUED TO A PERSON WHOSE VEHICLE VIOLATES THE PRESCRIBED USE OF A PARKING SPACE MUST BE ASSESSED TWO POINTS
Read the first time and referred to the Committee on Transportation.
H. 5094 (Word version) -- Rep. Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1555 SO AS TO ALLOW AN AIRLINE COMPANY TO PURCHASE BEER, WINE, AND ALCOHOLIC LIQUOR DIRECTLY FROM A LICENSED WHOLESALER, TO PROVIDE THAT THE WHOLESALER MAY SELL AND DELIVER THE BEER, WINE, AND ALCOHOLIC LIQUOR TO AN AIRLINE COMPANY, AND TO PROVIDE A PENALTY IF A PERSON USES BEER, WINE, OR ALCOHOLIC LIQUOR PURCHASED PURSUANT TO THIS SECTION FOR ANOTHER PURPOSE OTHER THAN THE SALE OR USE BY THE AIRLINE COMPANY.
Read the first time and referred to the Committee on Judiciary.
H. 5221 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 9 IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5333 (Word version) -- Reps. J. E. Smith and Harrell: A JOINT RESOLUTION PROVIDING UP TO AN ADDITIONAL THIRTY DAYS MILITARY LEAVE IN SUBSEQUENT YEARS FOR A STATE EMPLOYEE CALLED TO ACTIVE DUTY AS A RESULT OF "OPERATION ENDURING FREEDOM" OR "OPERATION NOBLE EAGLE", OR WHO SERVES IN A UNIT FEDERALIZED FOR DUTY IN CONNECTION WITH POTENTIAL OR ACTUAL HOSTILITIES IN IRAQ, OR ANY COMBINATION OF THESE DUTIES, WHEN THE EMERGENCY GIVING RISE TO THE EMERGENCY EXTENDS INTO A SUBSEQUENT YEAR.
Read the first time and referred to the Committee on Finance.
H. 5336 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION TO CONGRATULATE THE W. WYMAN KING ACADEMY KNIGHTS BASEBALL TEAM, OF BATESBURG IN SALUDA COUNTY, ON WINNING ITS SECOND CONSECUTIVE SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE AND TO COMMEND THE HARD WORK AND DETERMINATION OF THE PLAYERS, COACHES, STAFF, AND OTHER SCHOOL OFFICIALS FOR THEIR 2004 CLASS A STATE CHAMPIONSHIP WIN.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5354 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION TO RECOGNIZE THE CHARMING TOWN OF HAMPTON COURT HOUSE ON ITS ONE HUNDRED TWENTY-FIFTH ANNIVERSARY, AND TO EXTEND BEST WISHES TO THE CITIZENS OF THIS GREAT TOWN.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5355 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION TO CONGRATULATE THE HAMPTON COUNTY GUARDIAN NEWSPAPER ON THE OCCASION OF ITS ONE HUNDRED TWENTY-FIFTH ANNIVERSARY AND TO EXTEND BEST WISHES TO THE PAPER FOR THE FUTURE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5356 (Word version) -- Reps. Cotty, Lourie and Howard: A CONCURRENT RESOLUTION TO CONGRATULATE MR. GERALD KEITH PRICE UPON BEING NAMED PRINCIPAL OF E. L. WRIGHT MIDDLE SCHOOL.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5361 (Word version) -- Reps. Perry, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE AND HONOR WILLIAM "WILL" CONE RICHARDSON OF AIKEN COUNTY ON ACHIEVING THE ELITE RANK OF EAGLE SCOUT WITH THE BOY SCOUTS OF AMERICA AND TO WISH HIM FURTHER SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator WALDREP from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:
H. 4070 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-87 SO AS TO ENACT THE "AQUATIC LIFE PROTECTION ACT" TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPOSE NPDES PERMIT LIMITATIONS FOR TOXICITY IF A DISCHARGE HAS THE REASONABLE POTENTIAL TO IMPACT WATER QUALITY UNDER CERTAIN CONDITIONS AND TO FURTHER DIRECT THE DEPARTMENT IN TESTING AND DEVELOPING METHODOLOGIES TO IMPLEMENT THIS REQUIREMENT.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
H. 4758 (Word version) -- Reps. Richardson, Simrill, Altman, Bales, Battle, Emory, Kirsh, Lee, Littlejohn, McCraw, McGee, Owens, Scarborough, Vaughn and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 42 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF CAROLINA PANTHERS SPECIAL LICENSE PLATES.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:
H. 4796 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2005, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ADMINISTER THE STATE'S COMMERCIAL DRIVER LICENSE PROGRAM; TO AMEND SECTION 56-1-10 AND SECTION 56-1-630, BOTH AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN PROVISIONS CONCERNING MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERM "CONVICTION"; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITION OF TERMS CONTAINED IN THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE ACT, SO AS TO REVISE THE DEFINITION OF THE TERM "SERIOUS TRAFFIC VIOLATION"; TO AMEND SECTION 56-1-2080, AS AMENDED,
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:
H. 4797 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF BEGINNER'S PERMITS, SO AS TO PROVIDE THAT A STUDENT WHO IS FIFTEEN YEARS OF AGE ENROLLED IN A HIGH SCHOOL DRIVER'S TRAINING COURSE IS NOT REQUIRED TO OBTAIN A BEGINNER'S PERMIT TO OPERATE A MOTOR VEHICLE; AND TO REPEAL SECTION 56-5-6140 RELATING TO THE DEPARTMENT OF MOTOR VEHICLES PROVIDING A COPY OF MOVING VIOLATION CHARGES AGAINST A PERSON UNDER THE AGE OF EIGHTEEN TO THE OWNER OF THE VEHICLE USED DURING THE VIOLATION.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
H. 4803 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-3-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES ISSUING PERMITS TO OWNERS OF GOLF CARTS THAT ALLOW THE GOLF CARTS TO BE OPERATED ON HIGHWAYS AND STREETS, SO AS TO PROVIDE THAT TO OBTAIN A PERMIT THE OWNER OF A GOLF CART SHALL PROVIDE THE DEPARTMENT PROOF OF ITS OWNERSHIP.
Ordered for consideration tomorrow.
Senator GIESE from the Committee on Education submitted a favorable report on:
H. 4819 (Word version) -- Reps. Govan, Townsend, G. Brown, Clyburn, McLeod, Weeks, Whipper, Moody-Lawrence, Lee, Mack, J.E. Smith, Allen, Branham, Breeland, J. Brown, R. Brown, Clark, Clemmons, Cobb-Hunter, Emory, Gourdine, J. Hines, M. Hines, Hosey, Howard, Littlejohn, Lloyd, Loftis, Mahaffey, J.H. Neal, Parks, Rivers, Rutherford, Scott, Sinclair, F.N. Smith, Snow, Taylor and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-29-10 THROUGH 59-29-220 AS ARTICLE 1, GENERAL PROVISIONS, OF CHAPTER 29, TITLE 59; BY ADDING ARTICLE 3 TO CHAPTER 29, TITLE 59 SO AS TO ENACT THE FINANCIAL LITERACY INSTRUCTION ACT OF 2004, TO PROVIDE FOR THE DEVELOPMENT OR ADOPTION OF A CURRICULUM FOR LOCAL SCHOOL BOARDS TO TEACH FINANCIAL LITERACY, AND TO PROVIDE FOR THE ESTABLISHMENT OF A FUND TO RECEIVE PUBLIC AND PRIVATE CONTRIBUTIONS FOR FINANCIAL LITERACY INSTRUCTION.
Ordered for consideration tomorrow.
Senator GIESE from the Committee on Education submitted a favorable report on:
H. 4885 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR INITIAL CERTIFICATION AT THE ADVANCED LEVEL, DESIGNATED
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation polled out H. 4903 favorable:
H. 4903 (Word version) -- Reps. Cobb-Hunter, Harrell and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 74 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR "BREAST CANCER AWARENESS" SPECIAL LICENSE PLATES.
AYES
Ryberg Leatherman McGill Rankin Richardson Drummond Knotts Malloy Land Leventis Elliott Grooms Hawkins Verdin Ravenel Kuhn
NAYS
Ordered for consideration tomorrow.
Senator WALDREP from the Committee on Agriculture and Natural Resources submitted a majority favorable with amendment and Senator LEVENTIS a minority unfavorable report on:
H. 4934 (Word version) -- Reps. Witherspoon, Clemmons, Loftis, Edge, Rhoad, Viers, Barfield, Lee, Snow, Duncan, Koon, Frye, Altman, Battle, R. Brown, Chellis, Coates, Davenport, Freeman, Hamilton, Harvin, Haskins, Hosey, Leach, McCraw, Miller, Phillips, Quinn, Sinclair, F.N. Smith, G.R. Smith, J.R. Smith, Stewart, Stille, Townsend, Tripp, Vaughn and Young: A BILL TO AMEND TITLE 48, CODE OF
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation polled out H. 4935 favorable:
H. 4935 (Word version) -- Rep. Richardson: A BILL TO AMEND SECTION 56-3-8600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DUCKS UNLIMITED SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THIS LICENSE PLATE MAY BE ISSUED TO ANY OWNER OF CERTAIN PRIVATE PASSENGER CARRYING MOTOR VEHICLES, AND TO ADD AN ADDITIONAL FEE FOR THE ISSUANCE ON THE LICENSE PLATE THAT MUST BE DEPOSITED IN AN ACCOUNT DESIGNATED BY THE COMMITTEE OF THE SOUTH CAROLINA DUCKS UNLIMITED.
Ryberg Leatherman McGill Rankin Richardson Drummond Knotts Malloy Land Leventis Elliott Grooms Hawkins Verdin Ravenel Kuhn
Ordered for consideration tomorrow.
Senator WALDREP from the Committee on Agriculture and Natural Resources submitted a favorable report on:
H. 4980 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 47-4-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CERTIFICATE OF VETERINARY INSPECTION FOR OUT-OF-STATE LIVESTOCK OR POULTRY ENTERING THIS STATE, AND THE QUARANTINE OF UNCERTIFIED ANIMALS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DIVISION OF LIVESTOCK-POULTRY
Ordered for consideration tomorrow.
Senator WALDREP from the Committee on Agriculture and Natural Resources submitted a favorable report on:
H. 4981 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 47-17-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PROVISIONS REQUIRING MEAT INSPECTION, SO AS TO FURTHER PROVIDE FOR THE EXEMPTION FROM INSPECTION REQUIREMENTS IN REGARD TO THE SLAUGHTER OF LIVESTOCK OF A PRODUCER'S OWN RAISING FOR HIS OWN USE.
Ordered for consideration tomorrow.
Senator WALDREP from the Committee on Agriculture and Natural Resources submitted a favorable report on:
H. 5111 (Word version) -- Reps. Witherspoon, Frye, McLeod, Coleman, Bailey, Martin, Townsend, Sinclair, Barfield, Cobb-Hunter, Rutherford, Mack, Rhoad, Ott, Duncan, J.H. Neal, Emory, J.M. Neal, Whitmire, Thompson, Cooper, Anthony, Bales, Bowers, R. Brown, Clemmons, Coates, Davenport, Freeman, Govan, Herbkersman, J. Hines, Hosey, Jennings, Keegan, Kennedy, Koon, Lee, Limehouse, Loftis, Neilson, Pinson, M.A. Pitts, Rivers, Sandifer, F.N. Smith, G.M. Smith, Snow, Talley, Taylor, Toole, Umphlett, Weeks, Whipper and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA DAIRY STABILIZATION ACT", TO ESTABLISH THE SOUTH CAROLINA MILK BOARD, TO PROVIDE FOR ITS MEMBERS, PROCEDURES FOR THEIR APPOINTMENT AND FOR THEIR POWERS AND DUTIES; TO PROVIDE THAT THE BOARD'S PRIMARY DUTY IS TO ESTABLISH A FAIR MARKET BREAKEVEN PRICE FOR PRODUCERS OF MILK AND EXERCISE GENERAL SUPERVISION OVER THE MILK INDUSTRY IN THIS STATE; TO PROVIDE THAT THE BOARD MUST BE LOCATED IN THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE; TO AUTHORIZE THE BOARD TO ENTER INTO COMPACTS FOR A
Ordered for consideration tomorrow.
Columbia, S.C., May 20, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3409 (Word version) -- Reps. Clemmons, Altman, Bailey, Chellis, Clark, Edge, Keegan, Lloyd, Mahaffey, M.A. Pitts, Viers, Martin and Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-35-175, SO AS TO PROVIDE A PROCESS FOR ESTABLISHING FIREWORKS PROHIBITED ZONES WITHIN COUNTIES AND MUNICIPALITIES; AND TO AMEND SECTION 15-78-60, RELATING TO EXCEPTIONS TO THE WAIVER OF IMMUNITY UNDER THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO EXEMPT LOCAL GOVERNING BODIES FROM LIABILITY FOR LOSS FROM GRANTING OR DENYING AN APPLICATION FOR EXTENDING A FIREWORKS PROHIBITED ZONE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 20, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3482 (Word version) -- Reps. Bingham, Trotter, M.A. Pitts, Umphlett, Taylor, E.H. Pitts, Simrill, Huggins, Owens, Bailey, Hinson, Rice, Cato, Young, Hagood, Loftis, Ceips, Toole, Altman, White, G.R. Smith, Barfield, Chellis, Clemmons, Cooper, Duncan, Merrill, Scarborough, Ott and Quinn: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE PROHIBITION AGAINST CARRYING A PISTOL SO AS TO CLARIFY THAT A PERSON MAY CARRY A PISTOL IN ANY HOME, ON REAL PROPERTY, OR AT A FIXED PLACE OF BUSINESS IF THE PERSON HAS THE PERMISSION OF THE OWNER OR PERSON IN LEGAL POSSESSION OR CONTROL OF THE PROPERTY, TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ONE'S PERSON AND A SECURED COMPARTMENT IN ONE'S CAR, TO CLARIFY THAT IT IS NOT A VIOLATION OF THE EXCEPTION ALLOWING A PISTOL TO BE SECURED IN A GLOVE COMPARTMENT IF THE COMPARTMENT IS OPENED TO RETRIEVE CERTAIN MOTOR VEHICLE DOCUMENTS IN THE PRESENCE OF A LAW ENFORCEMENT OFFICER, AND TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ANY OF THE PROVIDED EXCEPTIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 20, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4004 (Word version) -- Reps. Hinson, Gourdine, Merrill, Umphlett and McLeod: A BILL TO AMEND SECTION 43-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF
Received as information.
Columbia, S.C., May 20, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5131 (Word version) -- Reps. Delleney, W.D. Smith and F.N. Smith: A CONCURRENT RESOLUTION TO FIX 12:15 P.M. ON TUESDAY, MAY 25, 2004, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2005; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2005.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 13, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the appointment:
Initial Appointment, South Carolina State Ethics Commission, with term to commence June 30, 2003, and to expire June 30, 2008
6th Congressional District
Priscilla L. Tanner, P. O. Box 85, Johnsonville, S.C. 29555 VICE Mary T. Williams
Very respectfully,
Speaker of the House
Received as information.
S. 1242 (Word version) -- Senators Ravenel, McConnell, Ford, Mescher, Branton, Grooms, Pinckney and Kuhn: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME THE HIGHWAY 703 CAUSEWAY IN CHARLESTON COUNTY, FROM SULLIVAN'S ISLAND TO THE BEN SAWYER BRIDGE, IN HONOR OF LOUIS STITH, SR. AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT BOTH ENDS OF THE CAUSEWAY CONTAINING THE WORDS "LOUIS STITH SR. MEMORIAL CAUSEWAY".
Returned with concurrence.
Received as information.
S. 1265 (Word version) -- Senator Mescher: A CONCURRENT RESOLUTION TO EXPRESS THE SINCEREST GRATITUDE OF THE STATE OF SOUTH CAROLINA TO THE UNITED STATES SUBMARINE VETERANS, INC., CHARLESTON, SOUTH CAROLINA CHAPTER, FOR THEIR DEDICATION AND PRECISION IN RESTORING THE "LITTLE DAVID" TO ITS RIGHTFUL PLACE IN NAVAL HISTORY.
Returned with concurrence.
Received as information.
S. 1253 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MRS. PEGGY JAMES TYLER FOR TWENTY YEARS OF DEDICATED SERVICE AS A MEMBER OF THE SCHOOL BOARD OF TRUSTEES OF ORANGEBURG SCHOOL DISTRICT FOUR.
Returned with concurrence.
Received as information.
At 12:15 P.M., on motion of Senator McCONNELL, the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:15 P.M., the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
H. 5131 (Word version) -- Reps. Delleney, W.D. Smith and F.N. Smith: A CONCURRENT RESOLUTION TO FIX 12:15 P.M. ON TUESDAY, MAY 25, 2004, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2005; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2005.
The PRESIDENT announced that nominations were in order to elect a successor to the Court of Appeals, Seat #1.
Representative Delleney announced that the Honorable Mary E. Buchan, the Honorable L. Casey Manning and the Honorable Paul E. Short, Jr. had been screened and found qualified to serve.
On motion of Representative Delleney, the names of the Honorable L. Casey Manning and the Honorable Paul E. Short, Jr. were placed in nomination.
On motion of Representative Delleney, the name of Honorable Mary E. Buchan, was withdrawn from consideration.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Judge Manning:
Anderson Branton Courson Elliott Ford Giese Glover Jackson Land Malloy Matthews Patterson
The following named Senators voted for Judge Short:
Alexander Cromer Drummond Fair Gregory Grooms Hawkins Hayes Hutto Knotts Kuhn Leatherman Leventis Martin McConnell
McGill Mescher Moore O'Dell Peeler Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Sheheen Smith, J. Verne Thomas Verdin Waldrep
The following Senator abstained:
Short
On motion of Representative Scott, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Judge Manning:
Allen Altman Bales Battle Branham Breeland Brown, J. Brown, R. Cato Ceips Clyburn Cobb-Hunter Cooper Cotty Gourdine Govan Harrell Harrison Harvin Haskins Hayes Herbkersman Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kennedy Koon Lee Lloyd Lourie Mack Merrill Neal, J.H. Neilson Ott Parks Perry Pitts, E. Rivers Rutherford Sandifer Scarborough Scott Smith, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Stewart Thompson Townsend Trotter Weeks
Whipper White Whitmire Wilkins
The following named Representatives voted for Judge Short:
Anthony Bailey Barfield Bingham Bowers Brown, G. Clark Clemmons Coleman Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Hagood Hamilton Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McLeod Miller Moody-Lawrence Neal, J.M. Owens Phillips Pinson Pitts, M.A. Quinn Rhoad Rice Richardson Sinclair Skelton Snow Stille Talley Taylor Toole Tripp Umphlett Vaughn Viers Walker Witherspoon
Total number of Senators voting 44
Total number of Representatives voting 118
Grand Total 162
Necessary to a choice 82
Of which Judge Manning received 76
Of which Judge Short received 86
Whereupon, the PRESIDENT announced that the Honorable Paul E. Short, Jr. was elected to the Court of Appeals, Seat #1 for the term prescribed by law.
I was not at the Joint Assembly for the election to the Court of Appeals, Seat #1, earlier this afternoon due to a family medical emergency. Had I been able to attend the Joint Assembly, I would have cast a vote for Judge Casey Manning.
The PRESIDENT announced that nominations were in order to elect a successor to the Court of Appeals, Seat #2.
Representative Delleney announced that the Honorable Daniel F. Pieper, the Honorable Paula H. Thomas and the Honorable H. Bruce Williams had been screened and found qualified to serve.
On motion of Representative Delleney, the names of the Honorable Paula H. Thomas and the Honorable H. Bruce Williams were placed in nomination.
On motion of Representative Delleney, the name of the Honorable Daniel F. Pieper was withdrawn from consideration.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Judge Thomas:
Anderson Branton Elliott Glover Land Martin McConnell McGill Moore O'Dell Peeler Rankin Ravenel Ryberg Short Smith, J. Verne
The following named Senators voted for Judge Williams:
Alexander Courson Cromer Drummond Fair Giese Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Kuhn Leatherman Leventis Malloy Matthews Mescher Patterson Reese Richardson Ritchie Setzler
Sheheen Thomas Verdin Waldrep
On motion of Representative Scott, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Judge Thomas:
Bailey Barfield Battle Bowers Branham Breeland Cato Ceips Clemmons Cobb-Hunter Cooper Dantzler Davenport Delleney Edge Gourdine Harrell Harvin Hayes Hines, J. Hines, M. Howard Jennings Keegan Kennedy Lee Limehouse Littlejohn Loftis Mack Martin Miller Moody-Lawrence Neal, J.H. Neilson Ott Owens Perry Rivers Sandifer Scarborough Smith, D.C. Smith, J.R. Snow Thompson Townsend Trotter Vaughn Walker Whipper White Witherspoon
The following named Representatives voted for Judge Williams:
Allen Altman Anthony Bales Bingham Brown, G. Brown, J. Brown, R. Chellis Clark Clyburn Coates Coleman Cotty Duncan Emory Freeman Frye Gilham Govan Hagood Hamilton Harrison Haskins Herbkersman Hinson Hosey Huggins Kirsh Koon
Leach Lloyd Lourie Lucas Mahaffey McCraw McGee McLeod Merrill Neal, J.M. Parks Phillips Pinson Pitts, E.H. Pitts, M.A. Quinn Rhoad Rice Richardson Rutherford Scott Sinclair Skelton Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, W.D. Stewart Stille Talley Taylor Toole Tripp Umphlett Viers Weeks Whitmire Wilkins Young
Total number of Senators voting 44
Total number of Representatives voting 122
Grand Total 166
Necessary to a choice 84
Of which Judge Thomas received 68
Of which Judge Williams received 98
Whereupon, the PRESIDENT announced that the Honorable H. Bruce Williams was elected to the Court of Appeals, Seat #2 for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 12:45 P.M., the Senate resumed.
The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4901 (Word version) -- Reps. Ceips, Rivers, Gilham, Herbkersman and Lloyd: A BILL TO AMEND CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-3-700, SO AS TO PROVIDE THAT THE STATE PORTS AUTHORITY IS NOT REQUIRED TO OPERATE A MARINE TERMINAL AT PORT ROYAL, AND TO PROVIDE FOR THE CESSATION OF TERMINAL OPERATIONS, THE SALE OF PROPERTY AT FAIR MARKET VALUE, AND FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF THE PROPERTY.
Senator RICHARDSON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:
H. 5244 (Word version) -- Rep. Barfield: A BILL TO ENACT THE HORRY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION, FOLLOWING REFERENDUM APPROVAL, OF A SALES AND USE TAX IN HORRY COUNTY NOT TO EXCEED ONE PERCENT FOR NOT MORE THAN TEN YEARS FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.
On motion of Senator RANKIN, with unanimous consent
On motion of Senator RANKIN, with unanimous consent, H. 5244 was ordered to receive a third reading on Wednesday, May 26, 2004.
S. 813 (Word version) -- Senators Richardson, Hutto, Ravenel and Kuhn: A BILL TO AMEND SECTION 4-10-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BALLOT QUESTION SUBMITTED TO THE QUALIFIED ELECTORS OF A COUNTY FOR THE APPROVAL OF THE IMPOSITION OF A SALES AND USE TAX IN THE COUNTY AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED, SO AS TO ADD PUBLIC PARKING GARAGES AND BEACH ACCESS AND BEACH RENOURISHMENT FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED.
The House returned the Bill with amendments.
Senator HUTTO proposed the following amendment (SWB\ 6101SD04):
Amend amendment 1 (S-RES\Amend\813R011.HKL.Doc), as and if amended, by adding a new PART and SECTION to be appropriately numbered to read:
SECTION ______. A. Chapter 8, Title 12 of the 1976 Code is amended by adding:
"Section 12-8-2050. The Catawba Indian Tribe and its gaming operation conducted under the authority of Chapter 16 of Title 27 shall comply with all applicable reporting and withholding requirements of the Internal Revenue Service and the South Carolina Department of Revenue and shall maintain accurate records of all these reports and returns, and shall implement policies and procedures adequate to assure compliance with these obligations."
B. Chapter 10, Title 12 of the 1976 Code is amended by adding:
"Section 12-10-115. The Class II electronic bingo facility authorized below and regulated under Chapter 16 of Title 27 is not eligible for the jobs tax credit under the Enterprise Zone Act of 1995."
C. Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-4285. Nothing in this Article 24 or in any other provision of law may be deemed to authorize the State to impose any tax, fee, charge, or assessment upon the Catawba Indian Tribe and its Gaming Operation conducted under the authority of Chapter 16 of Title 27 except for charges expressly authorized pursuant to Chapter 16 of Title 27. However, nothing in Chapter 16 of Title 27 shall relieve the
D. Chapter 41, Title 11 of the 1976 Code is amended by adding:
"Section 11-41-175. The Class II electronic bingo facility authorized and regulated under Chapter 16 of Title 27 is not eligible for funds under the State General Obligation Economic Development Bond Act."
E. Section 27-16-110(G) of the 1976 Code, as added by Act 142 of 1993, is amended to read:
"(G) The Tribe may permit on its Reservation video poker or similar electronic play devices to the same extent that the devices are authorized by state law. The Tribe is subject to all taxes, license requirements, regulations, and fees governing electronic play devices provided by state law, except if the Reservation is located in a county or counties which prohibit the devices pursuant to state law, the Tribe nonetheless must be permitted to operate the devices on the Reservation if the governing body of the Tribe so authorizes, subject to all taxes, license requirements, regulations, and fees governing electronic play devices provided by state law.
Notwithstanding any other provision of law, the Tribe may conduct 'Class II gaming' as defined in this section, and in the manner and subject to the restrictions in Section 27-16-200 through Section 27-16-350, at a single tribal facility on land in Orangeburg County:
(1) As used in this section, 'Class II gaming' means any game of chance known as bingo, whether or not electronic, computer, or other technologic aids are used in connection therewith:
(a) which is played for prizes including monetary prizes with printed or electronic cards bearing numbers or other designations;
(b) in which the holder of the card covers the numbers or designations when objects, similarly numbered or designated, are drawn or electronically determined; and
(c) in which the game is won by the first person covering a previously designated arrangement of numbers or designations on the cards including, if played in the same location, pull-tabs and other games similar to bingo.
(2) The term 'Class II gaming' does not include:
(a) any banking card games, including baccarat, chemin de fer, or blackjack (21); or
(b) electronic or electron mechanical facsimiles of a game of chance or slot machines of any kind.
(3) As used in this section, 'electronic, computer, or other technologic aids' includes electronic bingo games, electronic pull-tab dispensers, and any machine or device that assists a player or the playing of a bingo game, broadens the participation levels in a bingo game, facilitates communication between and among bingo machines and locations over a wide area network, or allows players to play a game with or against other players rather than with or against a machine.
(4) As used in this section, 'electronic bingo games' means bingo, played with a minimum of two players competing against each other on electronic player stations that are interconnected through a computer network, wherein players select and purchase electronic bingo cards bearing numbers or other designations that are electronically generated and stored in a central computer database; the numbers or other designations are electronically determined by a random number generator and transmitted to and displayed on each player's electronic player station; and the game is won by the person or persons holding a card that matches the game winning pattern or patterns that have been electronically determined, with game results displayed in various entertaining visual modes, provided that an electronic display of the bingo card must appear in a section of the screen in all visual modes. Electronic bingo games may include auto-play systems that allow the bingo game to commence or continue if the mandatory number of players required by the system are not present.
(5) As used in this section, 'electronic pull-tab dispensers' means devices which dispense pull-tabs from a roll of tabs which may or may not be a part of a larger pull-tab deal. Electronic pull-tab dispensers may provide the players with a choice of various entertaining visual modes to accompany the game, provided that a 'verify' feature that allows players to see the results for each pull-tab shall appear in a section of the screen in all visual modes after the pull-tab is dispensed, and provided further that players manually shall peel back the top layer of the pull-tab to confirm victory and any winning tabs dispensed by the machine must be presented for in-person inspection by a gaming hall clerk before the player receives payment.
(6) As used in this section, other examples of 'electronic, computer or other technologic aids' includes, but are not limited to, dispensers, readers, telephones, cables, televisions, screens, satellites, bingo blowers, electronic player stations, electronic cards for participants in
F. Chapter 16, Title 27 of the 1976 Code is amended by adding:
"Section 27-16-200. The General Assembly finds:
(1) Orangeburg and Clarendon Counties have for many years experienced unemployment levels which continue to approach or exceed two hundred percent of South Carolina statewide unemployment levels;
(2) the Department of Commerce and Orangeburg and Clarendon County economic development officials, as well as the political and business leaders in the town of Santee, have identified tourism related business as the key to economic development and job creation in Orangeburg and Clarendon Counties;
(3) elected officials, working together with economic development officials, from Orangeburg County, Clarendon County, and the town of Santee have for several years worked closely with the Catawba Indian Tribe for the development of the Class II electronic bingo facility to be authorized and regulated under the provisions of this chapter;
(4) the Class II electronic bingo facility authorized and regulated under the provisions of this chapter will constitute an economic development and job creation project which will create more than eleven hundred jobs without the appropriation of any funds by the General Assembly and without the use of any tax or other special incentives;
(5) the Class II electronic bingo facility authorized and regulated under the provisions of this chapter will generate more than five million dollars in new state and local tax revenue;
(6) the Orangeburg County Council and Santee Town Council, supported by the business community, local political leaders of the Republican and Democratic political parties, and the editors of the Orangeburg Times and Democrat, have voted unanimously in support of the Catawba Indian Tribe's efforts to operate a Class II gaming facility near Santee in Orangeburg County.
(7) it is the desire and intention of the General Assembly to prevent the expansion of gambling authorized by law and to completely eliminate any right that the Catawba Indian Tribe may have to operate video poker or similar electronic devices on the Catawba Reservation in York County and the Catawba Indian Tribe has agreed to forever waive any such right, to the extent such right exists, upon enactment of Sections 27-16-200 through 27-16-350 by the General Assembly of
Section 27-16-210. As used in Sections 27-16-200 through 27-16-350:
(1) 'Class II gaming' shall have the meaning set forth in Section 27-16-110(G).
(2) 'Electronic, computer, or other technologic aids' shall have the meaning set forth in Section 27-16-110(G).
(3) 'Electronic bingo games' shall have the meaning set forth in Section 27-16-110(G).
(4) 'Electronic pull-tab dispensers' shall have the meaning set forth in Section 27-16-110(G).
(5) 'Enterprise' means any individual, trust, corporation, partnership, or other legal entity of any kind other than a tribal enterprise wholly owned by the Catawba Indian Tribe; provided, however, that with respect to a corporation, the term 'enterprise' shall include each corporation or other legal entity which, directly or indirectly, controls a majority of the voting interests in the corporation; and further provided, that with respect to any partnership, trust, or other form of unincorporated business organization, the term 'enterprise' shall include each corporation or other legal entity which, directly or indirectly, controls a majority of the voting interests in the organization.
(6) 'Gaming employee' means any natural person employed in the operation or management of the single tribal gaming facility referenced in Section 27-16-110(G), whether employed by the Tribe or by any enterprise providing on-site services to the Tribe.
(7) 'Gaming equipment' means any machine or device which is specifically designed or manufactured for use in the operation of Class II gaming.
(8) 'Gaming facility' means any structure in which Class II gaming is conducted.
(9) 'Gaming operation' means any enterprise operated by the Tribe for the conduct of Class II gaming in any gaming facility.
(10) 'Principal' means with respect to any enterprise:
(a) each of its officers and directors;
(b) each of its principal management employees, including any chief executive officer, chief financial officer, chief operating officer, or general manager;
(c) each of its owners or partners if an unincorporated business;
(d) each of its shareholders who owns more than ten percent of the shares of the corporation if a corporation; and
(e) each person other than a banking institution who has provided financing for the enterprise constituting more than ten percent of the total financing of the enterprise.
(11) 'State' means the State of South Carolina, its authorized officials, agents, and representatives.
(12) 'Lottery Commission' means the South Carolina Lottery Commission or its regulatory successor.
(13) 'Tribe' means the Catawba Indian Tribe, its authorized officials, agents, and representatives.
Section 27-16-220. (A) If the State authorizes a person or entity, including state agencies or entities, to engage in a form of gaming which was prohibited by state law off the Reservation on January 1, 2004, then the Tribe shall have the right to conduct the identical form of gaming at its Class II facility in Orangeburg County and on the Tribe's Reservation. In addition, the Tribe's right to operate 'electronic bingo games' and 'electronic pull-tab dispensers shall be deemed to be an exclusive, contractual right and no other person or entity in the State, including state agencies or entities, shall have the right to operate 'electronic bingo games' and 'electronic pull-tab dispensers'. Nothing in Sections 27-16-200 through 27-16-350 may be construed to affect the right of a person in this State to conduct the game of bingo to the extent allowed as of March 1, 2004.
(B) Except as is provided by Section 27-16-110 and this chapter, the Tribe shall have the right to permit or to engage in gaming only to the same extent as any other person within the State.
Section 27-16-230. (A) The State of South Carolina shall have jurisdiction to enforce all criminal laws of the State at and within the single tribal facility authorized in Section 27-16-110(G).
(B) Law enforcement officers of the State of South Carolina must be accorded free access to any gaming facilities for the purpose of maintaining public order and public safety and enforcing criminal laws of the State, and personnel employed by the gaming operation for such purposes shall provide state law enforcement officers access to locked and secure areas of the gaming facilities in accordance with the standards of maintenance and operation promulgated in this chapter.
(C) No person under twenty-one may be admitted into a gaming facility nor be permitted to engage in Class II gaming. However, a person over the age of majority may be employed in the gaming facility provided that he is licensed as provided in this chapter.
(D) All payments for wagers made in Class II gaming must be made by cash, cash equivalent, check, or credit card.
Section 27-16-240. (A) No person may commence or continue employment as a gaming employee unless he is the holder of a valid current gaming employee license issued by the Lottery Commission in accordance with the provisions of this section.
(B) Each applicant for a gaming employee license shall submit a completed license application to the Lottery Commission on forms required and provided by the Lottery Commission. The Gaming Operation shall certify on the application that submission of the application has been approved. The gaming employee license application forms shall contain the information, documentation, and assurances as may be required by the Lottery Commission concerning the applicant's personal and family history, personal and business references, criminal conviction record, business activities, financial affairs, gaming industry experience, gaming school education, and general educational background. Each completed license application submitted to the Lottery Commission pursuant to the provisions of this section must be accompanied by the applicant's fingerprint cards and photographs in the form as required by the Lottery Commission. Promptly upon receipt of a completed license application, the Lottery Commission shall forward a copy of the application to the State Law Enforcement Division.
(C) Promptly upon receipt of an application for a gaming employee license, the Lottery Commission shall request the State Law Enforcement Division to cause state and federal criminal record checks to be done on the applicant to determine whether the applicant has a criminal history. The State Law Enforcement Division may undertake such further investigation of the applicant and applicant's background as it considers appropriate and, as soon as is practicable after receipt of the completed license application, shall report to the Lottery Commission and the Gaming Operation to the extent otherwise permitted by law on the results of such investigation.
(D) Unless the state criminal record check undertaken by the Lottery Commission within ten days of the receipt of a completed application discloses that the applicant has a criminal history, or unless other grounds sufficient to disqualify the applicant pursuant to subsection (E) are apparent on the face of the application, the Lottery Commission, upon request of the Gaming Operation, shall issue a temporary gaming employee license to the applicant which shall expire and become void
(E) The Lottery Commission, as soon as is practicable after receipt of a completed license application, either shall grant or deny the license. The Lottery Commission may deny a gaming employee license to any applicant who has:
(1) been determined to be a person whose prior activities, criminal record, if any, or reputation, habits, and associations pose a threat to the effective regulation of gaming or create or enhance the chances of unfair or illegal practices, methods, and activities in the conduct of the gaming activities permitted under this chapter. However, the State shall not apply standards for approval of licenses pursuant to this section more rigorously than those actually applied in the hiring of employees of the Lottery Commission;
(2) failed to provide any information reasonably required to investigate the application for a gaming employee license or to reveal any fact material to such application, or has furnished any information which is untrue or misleading in connection with such application.
(F) A gaming employee license issued by the Lottery Commission must be effective for not more than one year and shall expire on October thirty-first of each year; provided, that a licensed employee who has applied for renewal may continue to be employed under the expired license until final action is taken on the renewal application by the Lottery Commission. Previously licensed applicants or applicants for renewal shall provide currently updated application material but may not be required to resubmit historical data already available to the Lottery Commission. No additional background investigation of an applicant for renewal may be required unless new information concerning the renewal applicant's continuing suitability or eligibility for a license comes to the attention of either the Lottery Commission or the State Law Enforcement Division.
(G) The Lottery Commission or State Law Enforcement Division may investigate a person who holds a gaming employee license at any time, and the Lottery Commission may suspend or revoke a gaming employee license issued under this chapter if new information concerning facts arising either before or after the issuance of the original license or a renewal of the license comes to the attention of the Lottery Commission, which information would justify denial of the original license, or the renewal of the license, pursuant to subsection (E) of this section. However, no gaming employee license may be revoked or suspended except after the notice and hearing as is generally
(H) All licensed gaming employees actively employed by the Gaming Operation and having access to the gaming facilities, upon the commencement of their employment, must be provided with identification badges in the form as required by the Lottery Commission which must be displayed or carried within the gaming facility, and the Tribe shall employ its best efforts to recover the badges from an employee upon the termination of employment at the gaming facility.
(I) Decisions of the Lottery Commission to deny, suspend, or revoke a gaming employee license pursuant to this section, following an administrative review or appeal which may be permitted by the Lottery Commission in accordance with procedures which it may establish, constitutes final agency action subject to judicial review in the manner provided by the laws of the State for judicial review of administrative actions affecting similar rights.
(J) The State Law Enforcement Division may investigate misconduct of employees of the Gaming Operation who are not gaming employees but who are employed in ancillary facilities located within the same building as any gaming facility, and these employees must be dismissed by the Tribe from this employment upon notification by the State Law Enforcement Division that their conduct in the course of their employment in the ancillary facilities poses a threat to the effective regulation of gaming or creates or enhances the dangers of unfair or illegal practices, methods, and activities in the conduct of gaming, subject to the same rights of appeal as are provided in subsection (I) above.
Section 27-16-250. (A) No enterprise may provide gaming equipment to the Gaming Operation unless it is the holder of a valid current gaming service registration issued by the Lottery Commission in accordance with the provisions of this section.
(B) Each applicant for a gaming service registration shall submit a completed registration application to the Lottery Commission on forms required and provided by the Lottery Commission. The Gaming Operation shall certify on the application that submission of the application has been approved. The gaming service registration application shall contain the information, documentation, and assurances as may be required by the Lottery Commission which shall identify all of the applicant's principals and which shall concern the applicant's and the principal's personal and family history, personal
(C) The Lottery Commission and the State Law Enforcement Division promptly upon receipt of an application for a gaming services registration shall conduct an investigation of the applicant and each of its principals. The investigation shall include criminal record checks to be done on each of the applicant's principals and the other investigation of applicants and its principals as may be considered appropriate by the Lottery Commission and State Law Enforcement Division. The State Law Enforcement Division, as soon as is practicable after receipt of the completed gaming services registration application, shall report to the Lottery Commission and the Gaming Operation to the extent permitted by law on the results of its investigation.
(D) During the twelve-month period immediately following the effective date of Sections 27-16-200 through 27-16-350 as provided herein, an applicant for a gaming service registration that is licensed to provide equipment for gaming in any other state may file a completed application for gaming service registration with the Lottery Commission, and upon filing of the application with the Lottery Commission immediately must be issued a temporary gaming service registration by the Lottery Commission pending determination of the applicant's suitability or eligibility for a gaming service registration pursuant to subsection (E) of this section.
(E) The Lottery Commission, as soon as practicable after receipt of a completed application for a gaming service registration, either shall grant or deny the application. The Lottery Commission may deny a gaming service registration to an applicant upon its determination that the applicant, or a principal identified with the applicant:
(1) is a person or entity whose prior activities, criminal record, if any, or reputation, habits, and associations pose a threat to the effective regulation of gaming or create or enhance the chances of unfair or illegal practices, methods, and activities in the conduct of the gaming activities permitted in this chapter. However, the State shall not apply
(2) has failed to provide any information reasonably required to investigate the application for a gaming service registration or to reveal any fact material to the application or has furnished any information which is untrue or misleading in connection with the application.
(F) Any gaming services registration issued by the Lottery Commission must be effective for not more than one year and shall expire on October thirty-first of each year; provided, that a registered enterprise that has applied for renewal may continue to provide services under the expired registration until final action is taken on the renewal application by the Lottery Commission. Previously registered applicants or applicants for renewal shall provide currently updated application material but will not be required to re-submit historical data already available to the Lottery Commission. No additional background investigation of an applicant for registration renewal must be required unless new information concerning the renewal applicant's continuing suitability or eligibility for a license comes to the attention of either the Lottery Commission or the State Law Enforcement Division.
(G) The Lottery Commission or the State Law Enforcement Division may investigate an enterprise or principal of the enterprise which holds a gaming services registration license at any time, and the Lottery Commission may suspend or revoke a gaming services registration issued under this chapter if new information concerning facts arising either before or after the issuance of the original registration, or any renewal of it, comes to the attention of the Lottery Commission which information would justify denial of the original license, or any renewal thereof, pursuant to subsection (E) of this section. However, no registration may be revoked or suspended except after the notice and hearing as is ordinarily required for similar administrative actions under the administrative procedures applicable to agencies of the State. Further, the enterprise must be entitled to any payment due for services provided or goods delivered before the effective date of suspension or revocation of its registration.
(H) Decisions of the Lottery Commission to deny, suspend, or revoke a registration pursuant to this section, following an administrative review or appeal which may be permitted by the Lottery Commission in accordance with procedures which it may establish,
(I) Any enterprise filing an application for a gaming services registration pursuant to this section shall pay to the Lottery Commission a fee sufficient to compensate the Lottery Commission for the costs of review of the registration applications. Provided the maximum amount of the fee may be no more than one thousand five hundred dollars for each applicant, but any balance of the costs not recovered as a result of this limitation on fees must be included in the assessment of costs pursuant to Section 27-16-280.
(J) Notwithstanding any other provision of law, the Tribe's right to contract with a person, corporation, partnership, limited partnership, limited liability company, or other entity for the purpose of developing, owning or operating a facility or facilities for gaming authorized by Section 27-16-110(G) may not be impaired. Provided, an enterprise which provides goods or services to a Gaming Operation other than gaming equipment in a total amount exceeding the sum of one hundred thousand dollars in a single twelve-month period must be identified by the Tribe to the Lottery Commission and shall agree to cooperate with the Lottery Commission and the State Law Enforcement Division in an investigation considered necessary by either the agency relative to the fitness of the enterprise to engage in business with a gaming operation, or relative to the conduct of the enterprise in connection with the activity. The Lottery Commission may bar the enterprise from providing goods or services to the Gaming Operation upon a determination that the enterprise or a principal thereof is a person or entity whose prior activities, criminal record, if any, or reputation, habits, and associations pose a threat to the effective regulation of gaming or create or enhance the dangers of unfair or illegal practices, methods, and activities in the conduct of gaming. However, the enterprise may appeal the determination in the manner provided pursuant to subsection (H). The provisions of subsection (J) shall not apply to:
(1) persons providing professional, legal, and accounting services;
(2) institutional brokers, investment banks, investment advisors, or placement agents providing underwriting, placement, investment management or financial advisory services to or for the benefit of the gaming enterprise;
(3) institutional lenders or mutual funds or publicly held companies purchasing, either directly or indirectly, bonds, notes, participations, or other tangible or intangible interests in financing provided to or for the benefit of the gaming enterprise; and
(4) persons purchasing, either directly or indirectly, bonds, notes, participations, or other tangible or intangible interests in financing provided to or for the benefit of the gaming enterprise from entities described in item (3).
Section 27-16-260. (A) The Gaming Operation shall adopt standards of operation and management to govern all Class II gaming that are consistent with this chapter. These standards shall protect the public interest in the integrity of Class II gaming and shall reduce the dangers of unsuitable, unfair, or illegal practices and methods and activities in the conduct of gaming.
(B) The following additional standards shall apply to the operation of Class II gaming:
(1) the Gaming Operation shall exclude persons from the gaming facility whose criminal history or association with career offenders or career offender organizations poses a threat to the integrity of the Class II gaming facility. The Gaming Operation shall employ its best efforts to exclude these persons from entry into its gaming facilities. The Gaming Operation also shall exclude persons engaging in disorderly conduct or other conduct jeopardizing public safety in the gaming facility;
(2) the Tribe shall require the audit of the gaming activities of the Gaming Operation, not less than annually, by an independent certified public accountant, in accordance with the auditing and accounting standards of the American Institute of Certified Public Accountants for audits of similar gaming facilities.
Section 27-16-270. Whenever in this chapter it is provided that decisions of state administrative actions may be appealed in the manner provided for appeal of agency actions subject to judicial review, if the Administrative Law Judge Division or a court lacks jurisdiction to entertain the appeal, then the action must be subject to appeal to an arbitrator designated in accordance with the procedures of the American Arbitration Association. The procedures for the arbitration must be governed by the rules of the American Arbitration Association. The arbitration must be decided in accordance with the provisions of this chapter and, to the extent consistent with the provisions of this chapter, in accordance with the principles generally applicable under
Section 27-16-280. (A) The Lottery Commission annually shall make an assessment sufficient to compensate the State for the reasonable and necessary costs of regulating gaming operations and conducting law enforcement investigations pursuant to this chapter. The assessment must be net of fees received with respect to the submission of gaming service enterprise registrations pursuant to Section 27-16-250.
(B) By August first, annually, the Lottery Commission shall render to the Tribe a statement of the total cost of regulation and law enforcement for the preceding fiscal year ending June thirtieth, together with proposed assessments for the forthcoming fiscal year based on the preceding fiscal year cost, except that in the first year after the effective date of Sections 27-16-200 through 27-16-350, the assessment must be prospective and based upon a pro rata allocation of costs, and must be established following consultation with the Tribe. On September first annually, the State, after receiving any objections to the proposed assessments and making the changes or adjustments as may be indicated, shall assess the Tribe for the costs of regulation and law enforcement. The Tribe shall thereafter make a payment representing one-third of the assessment within a twenty-day period, and thereafter payments on January first and April first annually. The payments must be deposited with the State Treasurer. The monies deposited must be credited to the Lottery Commission and must be accounted for, as the State considers appropriate.
(C) If the Tribe is aggrieved because of an assessment levied pursuant to this chapter, within one month from the time provided for the payment of the assessment, it may appeal from the assessment to the court of common pleas for Orangeburg County. Notice of the appeal must be served on the Lottery Commission in the same manner, as is required in case of a summons in a civil action.
(D) If the total assessment paid by the Tribe during a fiscal year of the State exceeds the reasonable and necessary costs of regulating gaming operations and conducting law enforcement investigations pursuant to this chapter during that fiscal year, then the State shall adjust the assessment for the succeeding fiscal year in the amount necessary to offset the excess assessments. If the Tribe is aggrieved because of any failure by the State to make such an adjustment, any claim for the adjustment must be presented in the appeal of the assessment as provided in subsection (C).
Section 27-16-290. (A) The Gaming Operation shall prepare a plan for the protection of public safety and the physical security of patrons in each of its gaming facilities, following consultation and agreement with the State Law Enforcement Division. The Gaming Operation also shall provide the Lottery Commission with copies of its floor plans and surveillance systems for each gaming facility and confer with the Lottery Commission regarding the adequacy of the plans and systems.
(B) The Lottery Commission shall have the authority to inspect the Gaming Operations in order to determine whether such operations are conducted in compliance with the provisions of this chapter, and for that purpose personnel employed by the Lottery Commission shall have access to all areas of the gaming facilities without prior notice for the purpose of audits of the Gaming Operations, and personnel employed by the Gaming Operation for such purposes shall provide the state personnel access to locked and secure areas of the gaming facilities in accordance with the standards of maintenance and operation promulgated pursuant to this chapter. The state personnel shall report to the Lottery Commission regarding any failure by the Gaming Operation to comply with any of the provisions of this chapter. Personnel employed by the Lottery Commission may not interfere with the conduct of the Gaming Operation except as may be required to perform the review functions. Auditors employed by the Lottery Commission shall have unfettered access during ordinary hours of operation to inspect and copy all records including computer log tapes of the Gaming Operation. However, all records of the Gaming Operation which are obtained by the Lottery Commission are considered confidential and proprietary financial information belonging to the Gaming Operation and must be protected from public disclosure by the State without the express written consent of the Gaming Operation. The Lottery Commission may conduct the investigations and may employ subpoena powers with which it may be vested under the laws of the State, as it considers appropriate to investigate violations of this chapter with respect to the Gaming Operation.
(C) If the Lottery Commission determines that the Gaming Operation is not in compliance with the provisions of this chapter, the Lottery Commission shall deliver a notice of noncompliance to the Tribe and the Gaming Operation setting forth the nature of the noncompliance and the action required to remedy the noncompliance. If the Gaming Operation fails to comply with any provision of this chapter following receipt of a valid notice from the Lottery
Section 27-16-300. The ordinances of the Tribe governing Class II gaming activities provide that net revenues from these gaming activities are not to be used for purposes other than:
(1) to fund tribal government operations or programs;
(2) to provide for the general welfare of the Indian tribe and its members;
(3) to promote tribal economic development;
(4) to donate to charitable organizations; or
(5) to pay for the actual costs of operations of state, county, and local governmental agencies required as a result of the conduct of Class II gaming in Orangeburg County.
Section 27-16-310. (A) The terms and conditions of this chapter may not be modified, amended, or otherwise altered except in the manner set forth by Title 25, Section 941m(f), of the United States Code.
(B) Nothing in this chapter may be deemed to authorize the State to regulate in any manner the government of the Tribe or to interfere in any manner with the Tribe's selection of its governmental officers. No licensing or registration requirement contemplated by this chapter may be applicable to the officers with respect to their capacity as officers of the Tribe.
Section 27-16-320. If any section or provision of this chapter is held invalid, or its application to a particular activity held invalid, it is the intent of the parties that the remaining sections of the chapter and the remaining applications of the section or provision shall continue in full force and effect.
Section 27-16-330. Nothing in this chapter may be construed to allow video poker play and all prohibitions regarding video poker in Sections 12-21-2710, 16-19-40, and 16-19-50 apply.
Section 27-16-340. The State of South Carolina and the Tribe waive sovereign immunity and Eleventh Amendment immunity to a lawsuit by each other in state or federal court to enforce the provisions of this chapter.
Section 27-16-350. Nothing in this chapter may be deemed to expand or contract the rights, obligations, and responsibilities of the South Carolina Education Lottery."
G. This section takes effect upon approval by the Governor, approval of ratifying legislation by the Congress of the United States, and upon the Executive Committee of the Tribe filing a certification with the South Carolina Secretary of State that the Executive Committee of the Tribe has voted to waive, release, and forever disclaim any right to operate video poker devices or to bring lawsuits against the State of South Carolina or any officials of the State of South Carolina based in whole or in part on the refusal of the State or any of its officials to permit the Tribe to operate video poker devices on or off the Reservation. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HAYES raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator HUTTO spoke on the Point of Order.
The PRESIDENT took the Point of Order under advisement.
Senator HUTTO continued explaining the amendment.
On motion of Senator McCONNELL, with unanimous consent, consideration was interrupted by the recess, with Senator HUTTO retaining the floor.
At 1:38 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:10 P.M.
The Senate reassembled at 2:22 P.M. and was called to order by the PRESIDENT.
S. 813 (Word version) -- Senators Richardson, Hutto, Ravenel and Kuhn: A BILL TO AMEND SECTION 4-10-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BALLOT QUESTION SUBMITTED TO THE QUALIFIED ELECTORS OF A COUNTY FOR THE APPROVAL OF THE IMPOSITION OF A SALES AND USE TAX IN THE COUNTY AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED, SO AS TO ADD PUBLIC PARKING GARAGES AND BEACH ACCESS AND BEACH RENOURISHMENT FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED.
The Senate resumed consideration of the Bill, the question being the adoption of Amendment No. P1-1 (SWB\6101SD04) proposed by Senator HUTTO.
Senator HUTTO resumed explaining the amendment.
On motion of Senator McCONNELL, with unanimous consent, consideration was interrupted by the recess, with Senator HUTTO retaining the floor.
At 2:56 P.M., with Senator HUTTO retaining the floor, on motion of Senator McCONNELL, with unanimous consent, the Senate receded from business until 4:30 P.M.
At 4:54 P.M., the Senate resumed.
On motion of Senator McCONNELL, with unanimous consent, the members of the Judiciary Committee were granted leave to attend a meeting in the third floor conference room, be counted in any quorum calls and be granted leave to vote from the balcony if necessary.
On motion of Senator BRANTON, with unanimous consent, the name of Senator BRANTON was added as a co-sponsor of S. 813.
S. 813 (Word version) -- Senators Richardson, Hutto, Ravenel and Kuhn: A BILL TO AMEND SECTION 4-10-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BALLOT QUESTION SUBMITTED TO THE QUALIFIED ELECTORS OF A COUNTY FOR THE APPROVAL OF THE IMPOSITION OF A SALES AND USE TAX IN THE COUNTY AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED, SO AS TO ADD PUBLIC PARKING GARAGES AND BEACH ACCESS AND BEACH RENOURISHMENT FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED.
The Senate resumed consideration of the Bill, the question being the adoption of Amendment No. P1-1 (SWB\6101SD04) proposed by Senator HUTTO.
Senator HUTTO resumed explaining the amendment.
The PRESIDENT took up the Point of Order raised by Senator HAYES that Amendment P1-1 was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT sustained the Point of Order.
Amendment No. P1-1 was ruled out of order.
Senator HUTTO appealed the decision of the PRESIDENT.
Senator THOMAS raised a Point of Order that the appeal was out of order inasmuch as it was made too late.
Senator MOORE spoke on the Point of Order.
Senator LEATHERMAN spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
At 5:02 P.M., Senator RICHARDSON assumed the Chair.
The question then was "Shall the Ruling of the PRESIDENT be overridden?"
Senator PEELER made a Parliamentary Inquiry as to whether there was a time limitation on debate on the question of the appeal.
The ACTING PRESIDENT stated that a total of two hours was provided for debate.
Senator HUTTO argued in favor of the appeal of the Decision of the PRESIDENT.
At 5:08 P.M., Senator HUTTO made the point that a quorum was not present. It was ascertained that a quorum was present.
The Senate resumed.
Senator HUTTO resumed arguing in favor of the appeal of the Decision of the PRESIDENT.
The question then was "Shall the Ruling of the PRESIDENT be overridden?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Drummond Elliott Ford Glover Hutto Jackson Land Leventis Malloy Matthews Moore Patterson Pinckney Rankin Reese Short Waldrep
Alexander Branton Courson Cromer Fair Giese Gregory Grooms Hawkins Hayes Knotts Leatherman McConnell McGill Mescher O'Dell Peeler Ravenel
Richardson Ritchie Ryberg Setzler Thomas Verdin
The Senate refused to override the Decision of the PRESIDENT.
At 5:37 P.M., the PRESIDENT assumed the Chair.
Senator LAND proposed the following Amendment P1-2 (813-LAND-1):
Amend the amendment,(document 813R011.HKL) by striking all after the enacting words and inserting:
SECTION 1.A. Article 6, Chapter 6, Title 12 of the 1976 Code is amended by adding:
/ Section 12-6-515. Notwithstanding the rates imposed pursuant to Section 12-6-510, beginning with taxes due for the 2005 and continuing for four taxable years, taxes are to be reduced until the maximum rate of five percent of South Carolina taxable income applies to income received by or attributed to a taxpayer as a result of the taxpayer's status as a:
(1) sole proprietor of a business;
(2) shareholder of a subchapter 'S' corporation;
(3) partner in a partnership; or
(4) member of a limited liability company.
The department shall make equal adjustments to the tax rate each tax year until the maximum rate applied is five percent. Annual reductions must not be made for any taxable year if the following conditions have not been met and certified by the Board of Economic Advisors:
(1) the estimated general fund revenue growth as established in the February fifteenth revenue forecast of the Board of Economic Advisors is five percent or more of most recent estimate by the board of general fund revenues for the current fiscal year;
(2) K-12 education state appropriations are at least equal to the previous year's appropriations;
(3) state appropriations for the Education Finance Act are funded at the total amount projected by the Board of Economic Advisors;
(4) healthcare Medicaid program appropriations are at least equal to the previous year's appropriations;
(5) the Children's Health Insurance Program is funded at 200% of poverty;
(6) total accumulated funds in the General Reserve Account equal three percent of the general fund revenue of the latest completed fiscal year.
B. This section takes effect July 1, 2005. Adjustments to the tax rate as provided for in this section may not be made before that date. /
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND resumed explaining the amendment.
At 6:28 P.M., Senator MATTHEWS made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator RYBERG moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Courson Cromer Drummond Elliott Fair Giese Glover Gregory Hawkins Hayes Hutto Land Leatherman Leventis Malloy Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Reese Richardson Ritchie Ryberg Setzler Thomas Verdin Waldrep
A quorum being present, the Senate resumed.
Senator LAND resumed explaining the amendment.
On motion of Senator McCONNELL, with unanimous consent, consideration was interrupted, with Senator LAND retaining the floor.
Having received a favorable report from the Greenville County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Matthew B. Hubbard, 4202 Berry Mill Road, Greer, S.C. 29651
VICE Jack L. Pierce
Having received a favorable report from the Committee on Education, the following appointments were confirmed in open session:
Reappointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2004, and to expire July 1, 2008
At-Large
R. Austin Gilbert, Gilbert Construction Co., P. O. Box 3009, Florence, S.C. 29502-3009
Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2004, and to expire July 1, 2008
At-Large
Cynthia C. Mosteller, 113 Ponsbury Road, Mt. Pleasant, S.C. 29464 VICE Susan R. Cole
Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 2004, and to expire June 30, 2007
At-Large
James West Fraser, P. O. Box 1763, Charleston, S.C. 29402 VICE David Cushing Stinson
Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 2003, and to expire June 30, 2006
At-Large
Linda C. Stern, 2134 Bermuda Hills Rd., Columbia, S.C. 29223 VICE Pamela M. Harpootlian
Reappointment, John De La Howe School Board of Trustees, with term to commence April 1, 2004, and to expire April 1, 2009
At-Large
Janet L. Duncan, 205 Crosby Drive, Anderson, S.C. 29621
Having received a favorable report from the Committee on Fish, Game and Forestry, the following appointment was confirmed in open session:
Initial Appointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2002, and to expire July 1, 2006
5th Congressional District
Frank Murray, Jr., 558 Christopher Lane, Chester, S.C. 29706 VICE Douglas Rucker (resigned)
Having received a favorable report from the General Committee, the following appointments were confirmed in open session:
Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 2004, and to expire May 19, 2008
3rd Congressional District
Anne O. McAlister, State Farm Insurance, 100 Century Plaza, Suite One, Seneca, S.C. 29672 VICE Jacqueline Faye Brown
Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 2002, and to expire May 19, 2006
6th Congressional District
Dwayne T. Buckner, Buckner Publishers, 218 Carn Street, Walterboro, S.C. 29488 VICE Ronald Benjamin
Having received a favorable report from the Committee on Judiciary, the following appointments were confirmed in open session:
Initial Appointment, Crime Victims' Ombudsman, with term coterminous with Governor
Debora D. Curtis, Governor's Office - Crime Victim's Ombudsman, 1205 Pendleton St., Room 463, Columbia, S.C. 29201
Initial Appointment, South Carolina Commission on Women, with term to commence October 18, 2001, and to expire October 18, 2005
At-Large
Eleanor Kitzman, P. O. Box 6849, Columbia, S.C. 29260 VICE Sujsan D. Romaine (resigned)
Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 2004, and to expire June 30, 2010
At-Large
Susan S. Barden, 4819 Landrum Dr., Columbia, S.C. 29206 VICE Sherry S. Spence
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.
Initial Appointment, South Carolina Foster Care Review Board, with term to commence June 30, 2004, and to expire June 30, 2008
5th Congressional District
Martha W. Brock, 154 Hidden Acres Drive, Gaffney, S.C. 29341 VICE Elizabeth G. Rivers
Initial Appointment, South Carolina State Ethics Commission, with term to commence June 30, 2003, and to expire June 30, 2008
6th Congressional District
Priscilla L. Tanner, P. O. Box 85, Johnsonville, S.C. 29555 VICE Mary T. Williams
Having received a favorable report from the Committee on Medical Affairs, the following appointments were confirmed in open session:
Initial Appointment, State Board of Pharmacy, with term to commence June 30, 2004, and to expire June 30, 2010
3rd Congressional District
Walter A. Toole, R.Ph., Liberty Family Pharmacy, 115 W. Main Street, Liberty, S.C. 29657 VICE Rufus E. Sadler
Initial Appointment, State Board of Examiners in Speech-Language Pathology and Audiology, with term to commence June 1, 2002, and to expire June 1, 2006
Speech-Language Pathologist
Elizabeth D. Baden, 31 New Street, Charleston, S.C. 29401 VICE Eleanor G. Smith
Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 4, 2004, and to expire April 1, 2008
Midlands - Recipient/Donor/Family
Mark A. Walker, 217 Markham Road, Columbia, S.C. 29229 VICE Steven A. Iacono
Initial Appointment, South Carolina State Board of Medical Examiners, with term to commence June 30, 2002, and to expire June 30, 2006
Public - At- Large
Jackie D. Black, 303 Devonshire Lane, Columbia, S.C. 29212 VICE Susan Carson Reynolds
Having received a favorable report from the Committee on Transportation, the following appointments were confirmed in open session:
Initial Appointment, South Carolina State Ports Authority, with term to commence February 13, 1998, and to expire February 13, 2005
At-Large
Glen P. Kilgore, 138 Spanish Point Drive, Beaufort, S.C. 29902 VICE William L. Bethea, Jr. (resigned)
Initial Appointment, Maritime Security Commission, with term to commence July 31, 2003, and to expire July 31, 2007
Marine Corps Officer - Retired
Col. Thomas J. Campbell, USMCR, Flagpoles and Flags Co., 305 Wingo Way, Suite B, Mt. Pleasant, S.C 29464
Initial Appointment, Scenic Highways Committee, with term to commence July 21, 2004, and to expire July 21, 2006
Outdoor Advertising
Hal W. Stevenson, Stevenson Communication Group, 1207 Lincoln Street, Columbia, S.C 29211 VICE Glynn Furman Willis
On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned in memory of Mr. Thomas H. Nealy of Pickens, S.C.
At 6:41 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 1:00 P.M.
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