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 the Prophet Joel, Chapter 2:1:
"Blow the trumpet in Zion,
and sound the alarm in the Holy Mountain.
Let all the inhabitants of the land tremble;
For the DAY OF THE LORD is coming,
For it is at hand!"
Let us pray.
Father, we know all days belong to You, but to the ancient Jew there were special days of Judgment and Deliverance that were spoken as Days of the Lord.
Into our hearts comes a strange new power and encouragement as we commend ourselves to You in these prayer times that overarches our wilderness of danger here and abroad.
Keep before us the commanding vision of a special order where the throne of God is the dynamic center and the love of our fellow man the all-pervading principle.
Help us to do our part!
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, Dorchester County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Mark A. Leiendecker, 610 North Cedar Street, Summerville, S.C. 29483 VICE Patrick J. Murphy
Senator LOURIE introduced Dr. Jim Chow of Columbia, S.C., Doctor of the Day.
On motion of Senator RYBERG, at 10:05 A.M., Senator GREGORY was granted a leave of absence for today.
At 3:00 P.M., Senator PINCKNEY requested a leave of absence until 6:00 P.M. this evening.
On motion of Senator BRYANT, at 5:00 P.M., Senator CROMER was granted a leave of absence for the balance of the day.
On motion of Senator PEELER, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
S. 773 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO EXPRESS THE GOAL OF THE GENERAL ASSEMBLY THAT ALL SOUTH CAROLINIANS AND AMERICANS SHOULD HAVE HEALTH INSURANCE COVERAGE AND TO DECLARE THE WEEK OF MAY 1-7, 2005, AS "COVER THE UNINSURED WEEK" IN SOUTH CAROLINA.
Senator THOMAS asked unanimous consent to make a motion to recall the Resolution from the Committee on Banking and Insurance.
There was no objection.
The Resolution was recalled from the Committee and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 792 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-485 SO AS TO PROVIDE THAT THE CREATION OF A PROTECTED CELL DOES NOT CREATE A LEGAL PERSON SEPARATE FROM A SPECIAL PURPOSE FINANCIAL CAPTIVE (SPFC); BY ADDING SECTION 38-90-515 SO AS TO PROVIDE THAT SECURITIES ISSUED BY A SPFC PURSUANT TO INSURANCE SECURITIZATION MAY NOT BE CONSIDERED TO BE INSURANCE OR INSURANCE CONTRACTS; TO AMEND SECTION 38-13-400, RELATING TO THE REPORT REQUIRED TO BE FILED DISCLOSING MATERIAL ACQUISITIONS AND DISPOSITIONS OF ASSETS OR MATERIAL NONRENEWALS, CANCELLATIONS, OR REVISIONS OF CEDED REINSURANCE; TO AMEND SECTION 38-13-410, RELATING TO REPORTING AN INSURER'S ACQUISITIONS OR DISPOSITIONS OF ASSETS, SO AS TO ADD HEALTH MAINTENANCE ORGANIZATIONS TO THE REPORTING REQUIREMENTS; TO AMEND SECTION 38-13-420, RELATING TO REPORTING NONRENEWALS, CANCELLATIONS, OR REVISIONS OF CEDED REINSURANCE AGREEMENTS, SO AS TO ADD HEALTH MAINTENANCE ORGANIZATIONS TO THE REPORTING REQUIREMENTS; TO AMEND SECTION 38-71-880, AS AMENDED, RELATING TO MEDICAL AND SURGICAL BENEFITS AND MENTAL BENEFITS COVERAGE, SO AS TO CHANGE THE DATE FOR THE APPLICABILITY OF BENEFITS FOR SERVICES FURNISHED; TO AMEND SECTION 38-71-1410, RELATING TO THE SOUTH CAROLINA SMALL EMPLOYER INSURER REINSURANCE PROGRAM, SO AS TO ESTABLISH CODE REFERENCES FOR SELECTING A LICENSED ADMINISTRATOR INSTEAD OF AN ADMINISTERING INSURER; TO AMEND SECTION 38-73-220, RELATING TO THE APPROVAL PROCESS FOR INSURANCE RATE LEVEL CHANGES, SO AS TO CHANGE CODE REFERENCES FROM THE ARTICLE TO THE CHAPTER; TO AMEND SECTION 38-73-240, RELATING TO RATE FILINGS WHERE THE LINE OF INSURANCE IS DECLARED COMPETITIVE, SO AS TO CHANGE CODE REFERENCES FROM ARTICLE TO CHAPTER; TO AMEND SECTION 38-73-260, RELATING TO THE APPROVAL PROCESS FOR INSURANCE RATE LEVEL CHANGES, SO AS TO CHANGE CODE REFERENCES FROM ARTICLE TO CHAPTER; TO AMEND SECTION 38-73-270, RELATING TO THE CONSUMER INFORMATION SYSTEM FOR VARIOUS TYPES OF INSURANCE COVERAGE, SO AS TO CHANGE CODE REFERENCES FROM ARTICLE TO CHAPTER; TO AMEND SECTION 38-74-30, AS AMENDED, RELATING TO ELIGIBILITY FOR COVERAGE UNDER THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO FURTHER DEFINE COVERAGE FOR AN INDIVIDUAL UNDER THE AGE OF SIXTY-FIVE; TO AMEND SECTION 38-74-60, AS AMENDED, RELATING TO COVERAGE UNDER THE POOL'S MAJOR EXPENSE PROVISIONS, SO AS TO PROVIDE MEDICARE SUPPLEMENTAL HEALTH INSURANCE COVERAGE TO AN INDIVIDUAL FOR REASONS OTHER THAN AGE; TO AMEND SECTION 38-77-530, RELATING TO THE PLAN OF OPERATION OF THE REINSURANCE FACILITY, SO AS TO AUTHORIZE THE GOVERNING BOARD OF THE FACILITY TO DECLARE AN ASSESSMENT ON INSURERS; TO AMEND SECTION 38-77-580, RELATING TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, SO AS TO CHANGE THE COMPOSITION OF THE BOARD; TO AMEND SECTION 38-90-40, AS AMENDED, RELATING TO CAPITALIZATION AND SECURITY REQUIREMENTS FOR A CAPTIVE INSURANCE COMPANY, SO AS TO AUTHORIZE THE DIRECTOR OF INSURANCE TO ISSUE A LICENSE TO A CAPTIVE INSURANCE COMPANY IF THE COMPANY PROVIDES THE DIRECTOR WITH EVIDENCE OF MINIMUM REQUIRED UNIMPAIRED PAID-IN CAPITAL; TO AMEND SECTION 38-90-50, AS AMENDED, RELATING TO FREE SURPLUS REQUIREMENTS FOR A CAPTIVE INSURANCE COMPANY, SO AS TO AUTHORIZE THE DIRECTOR OF INSURANCE TO ISSUE A LICENSE TO A CAPTIVE INSURANCE COMPANY CONDITIONED ON EVIDENCE OF MINIMUM REQUIRED FREE SURPLUS; TO AMEND SECTION 38-90-100, AS AMENDED, RELATING TO APPLICABILITY OF INVESTMENT REQUIREMENTS FOR AN ASSOCIATION CAPTIVE INSURANCE COMPANY AND AN INDUSTRIAL INSURED CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE A REFERENCE FROM AN INDUSTRIAL INSURED CAPTIVE INSURANCE COMPANY TO A CAPTIVE INSURANCE COMPANY AND ADD A REFERENCE TO A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-140, AS AMENDED, RELATING TO THE TAX REQUIRED TO BE PAID TO THE DEPARTMENT OF INSURANCE BY A CAPTIVE INSURANCE COMPANY, SO AS TO CLARIFY ON WHAT THE TAX IS PAYABLE AND ESTABLISH A MAXIMUM TAX; TO AMEND SECTION 38-90-175, RELATING TO THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND, SO AS TO INCREASE FROM TEN TO TWENTY PERCENT THE AMOUNT OF FUNDS THE DEPARTMENT OF INSURANCE SHALL TRANSFER INTO THE FUND; TO AMEND SECTION 38-90-420, RELATING TO DEFINITIONS USED REGARDING SPECIAL PURPOSE FINANCIAL CAPTIVE INSURANCE COMPANIES, SO AS TO ADD THE DEFINITIONS OF "ADMINISTRATIVE LAW COURT", "CONTESTED CASE", AND "THIRD PARTY", AND CHANGE THE DEFINITION OF "INSOLVENCY"; TO AMEND SECTION 38-90-430, RELATING TO THE RELATIONSHIP OF ARTICLE 3, CHAPTER 90, TITLE 38 (SPECIAL PURPOSE FINANCIAL CAPTIVES) TO OTHER TITLE 38 PROVISIONS, SO AS TO ADD A REFERENCE TO A SPFC'S PROTECTED CELL; TO AMEND SECTION 38-90-440, RELATING TO THE REQUIREMENTS OF A SPFC TO TRANSACT BUSINESS IN THIS STATE, SO AS TO CHANGE AND ADD CERTAIN REQUIREMENTS; TO AMEND SECTION 38-90-450, RELATING TO ORGANIZATIONAL REQUIREMENTS OF A SPFC, SO AS TO DELETE THE REQUIREMENT THAT CAPITAL STOCK OF A SPFC MUST BE ISSUED AT NOT LESS THAN PAR VALUE; TO AMEND SECTION 38-90-480, RELATING TO THE ESTABLISHMENT OF PROTECTED CELLS BY A SPFC, SO AS TO CHANGE THE PROCEDURE FOR ESTABLISHING PROTECTED CELLS; TO AMEND SECTION 38-90-550, RELATING TO A MATERIAL CHANGE OF A SPFC'S PLAN OF OPERATION, SO AS TO REQUIRE A STATEMENT OF OPERATIONS BE FILED IF APPROVED OR REQUIRED RATHER THAN REQUESTED BY THE DIRECTOR OF INSURANCE; TO AMEND SECTION 38-90-570, RELATING TO THE EXPIRATION OF AUTHORITY GRANTED BY THE DIRECTOR OF INSURANCE ON CESSATION OF BUSINESS, SO AS TO AUTHORIZE THAT THE DIRECTOR SUSPEND OR REVOKE THE LICENSE OF A SPFC FOR FAILURE TO MEET THE PROVISIONS OF SECTION 38-90-480(D); TO AMEND SECTION 38-90-600, RELATING TO THE AUTHORITY OF THE DIRECTOR OF INSURANCE TO PETITION THE CIRCUIT COURT FOR AN ORDER TO CONSERVE, REHABILITATE, OR LIQUIDATE A SPFC DOMICILED IN THIS STATE FOR CERTAIN GROUNDS, SO AS TO ADD ADDITIONAL GROUNDS; TO AMEND SECTION 38-90-620, RELATING TO STANDARDS AND CRITERIA APPLICABLE IN A CONTESTED CASE BROUGHT BY A THIRD PARTY BASED ON THE DECISION OF THE DIRECTOR OF INSURANCE INVOLVING A SPFC, SO AS TO MODIFY THE STANDARDS AND CRITERIA; TO AMEND ACT 154 OF 1997, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO DELAY THE REPEAL OF ARTICLE 5, CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, FROM JANUARY 1, 2006, TO JANUARY 1, 2010; AND TO AMEND ACT 291 OF 2004, RELATING TO VARIOUS AMENDMENTS TO THE INSURANCE LAW, SO AS TO DELAY THE EFFECTIVE DATE OF SECTION 38-43-106(H) OF THE 1976 CODE FROM MAY 1, 2006, TO MAY 1, 2010.
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Senator THOMAS spoke on the Bill.
Read the first time and referred to the Committee on Banking and Insurance.
S. 793 (Word version) -- Senators Cromer, Reese, Bryant, Ritchie, Knotts and Verdin: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PHASE IN OVER FOUR YEARS AN EXEMPTION FROM SALES TAX OF THE GROSS PROCEEDS OF SALES OR SALES PRICE OF DURABLE MEDICAL EQUIPMENT AND RELATED MEDICAL SUPPLIES ELIGIBLE FOR MEDICARE OR MEDICAID REIMBURSEMENT AND WHICH ARE SOLD BY WRITTEN PRESCRIPTION OR CERTIFICATE OF MEDICAL NECESSITY.
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Read the first time and referred to the Committee on Finance.
S. 794 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE SOUTH CAROLINA FAMILY HOME AND BUSINESS PROTECTION ACT BY ADDING ARTICLE 11 TO CHAPTER 36 OF TITLE 12 SO AS TO IMPOSE AN ADDITIONAL STATE SALES, USE, AND CASUAL EXCISE TAX EQUAL TO THREE PERCENT OF AMOUNTS SUBJECT TO THESE TAXES; TO AMEND SECTION 12-36-910, AS AMENDED, BY PROVIDING A SEPARATE STATE SALES AND USE TAX RATE EQUAL TO TWO PERCENT ON UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS; BY ADDING SECTION 11-11-155 ESTABLISHING THE SCHOOL TAX MILLAGE EXEMPTION TRUST FUND IN THE STATE TREASURY TO RECEIVE THE REVENUES OF THE ADDITIONAL THREE PERCENT STATE SALES TAX AND BY ADDING SECTION 12-37-253 SO AS TO EXEMPT ALL FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY NOT ALREADY EXEMPTED FROM PROPERTY TAX FROM ALL REMAINING PROPERTY TAX IMPOSED FOR SCHOOLS, TO EXEMPT TWENTY PERCENT OF THE FAIR MARKET VALUE OF COMMERCIAL REAL PROPERTY FROM PROPERTY TAXES IMPOSED FOR SCHOOLS, TO PROVIDE FOR THE REIMBURSEMENT OF POLITICAL SUBDIVISIONS OF THE STATE AND SCHOOL DISTRICT FROM THE SCHOOL TAX MILLAGE EXEMPTION TRUST FUND FOR THE TAXES NOT COLLECTED BECAUSE OF THE EXEMPTIONS ADDED BY THIS SECTION, TO PROVIDE THAT ASSESSED VALUE OF PROPERTY EXEMPTED FROM TAX BY THIS SECTION IS CONSIDERED TAXABLE FOR PURPOSES OF COMPUTING BONDED INDEBTEDNESS AND THE INDEX OF TAXPAYING ABILITY, TO PROVIDE THAT PROPERTY TAX CREDITS ATTRIBUTABLE TO THE LOCAL OPTION SALES TAX IN EXCESS OF MUNICIPAL AND COUNTY PROPERTY TAX DUE ON COMMERCIAL REAL PROPERTY IS CONSIDERED A DISTRIBUTION TO THE MUNICIPALITY OR COUNTY AS APPLICABLE FROM THE COUNTY/MUNICIPAL REVENUE FUND, BY ADDING SECTION 12-37-223 SO AS TO EXEMPT A SUFFICIENT AMOUNT OF FAIR MARKET VALUE OF ALL REAL PROPERTY IN A COUNTY SUFFICIENT TO LIMIT TO ONE PERCENT ANY ANNUAL INCREASE IN PROPERTY TAXES AND TO PROVIDE THOSE CIRCUMSTANCES IN WHICH THIS EXEMPTION DOES NOT APPLY; AND BY REPEALING SECTION 12-37-223A, RELATING TO A LOCAL OPTION PROPERTY TAX EXEMPTION.
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Read the first time and referred to the Committee on Finance.
S. 795 (Word version) -- Senators Thomas, Leventis, Anderson and Sheheen: A BILL TO AMEND SECTION 36-9-501, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING A FINANCING STATEMENT IN THE APPROPRIATE FILING OFFICE TO PERFECT A SECURITY INTEREST, SO AS TO PROVIDE FOR CRIMINAL PENALTIES FOR FILING A FINANCING STATEMENT THAT IS FRAUDULENT OR THAT IS FOR THE PURPOSE OF HINDERING, HARASSING, OR INTERFERING WITH ANOTHER PERSON OR ENTITY, AND TO PROVIDE, FURTHER, FOR A CIVIL CAUSE OF ACTION AGAINST THE FILER; TO AMEND SECTION 36-9-516, RELATING TO EFFECTIVENESS OF A FILING, SO AS TO INCLUDE REJECTION BY THE SECRETARY OF STATE UPON DETERMINATION THAT THE FILING IS FOR A FRAUDULENT OR OTHERWISE IMPROPER PURPOSE, DOES NOT FALL WITHIN THE SCOPE OF CHAPTER 9 FILINGS, OR SHOWS THE SAME PERSON AS DEBTOR AND CREDITOR; TO AMEND SECTION 36-9-518, RELATING TO CORRECTION OF THE WRONGFUL FILING OF A FINANCING STATEMENT, SO AS TO PROVIDE FOR CANCELLATION OF A FINANCING STATEMENT FOR FRAUDULENT OR OTHER IMPROPER PURPOSES; AND TO AMEND SECTION 36-9-520, RELATING TO ACCEPTANCE AND REFUSAL TO ACCEPT A FILING, SO AS TO PROVIDE FOR THE APPEAL OF A SECRETARY OF STATE'S REJECTION OR CANCELLATION OF A WRONGFULLY FILED RECORD.
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Senator THOMAS spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 796 (Word version) -- Senators McConnell and Thomas: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING SECTION 6A SO AS TO ELIMINATE INCREASES IN FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY ATTRIBUTABLE TO A PROPERTY TAX REASSESSMENT IN A COUNTY OCCURRING AFTER DECEMBER 31, 2006, AND TO PROVIDE THAT THIS EXEMPTION CONTINUES UNTIL THE PROPERTY WITH CERTAIN EXCEPTIONS IS TRANSFERRED OR IMPROVED.
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Read the first time and referred to the Committee on Judiciary.
S. 797 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1792, SO AS TO PROVIDE THAT AN ADOPTEE TWENTY-ONE YEARS OF AGE OR OLDER MAY OBTAIN A COPY OF HIS OR HER ORIGINAL RECORD OF BIRTH FROM THE STATE REGISTRAR UNLESS WITHIN THE PAST THREE YEARS THE ADOPTEE'S BIRTH PARENT HAS FILED A NOTARIZED FORM WITH THE STATE REGISTRAR PROHIBITING RELEASE OF IDENTIFYING INFORMATION; TO REQUIRE A BIRTH PARENT TO BE GIVEN INFORMATION ABOUT PROHIBITING RELEASE OF SUCH INFORMATION AT THE TIME OF EXECUTING A CONSENT OR RELINQUISHMENT FOR ADOPTION; TO PROVIDE THAT THIS ACT APPLIES TO ADOPTIONS FINALIZED AFTER JUNE 30, 2005, AND APPLIES TO ALL OTHER ADOPTIONS BEGINNING JULY 1, 2009; AND TO REQUIRE THE STATE REGISTRAR TO CARRY OUT A PUBLIC SERVICE CAMPAIGN EDUCATING THE PUBLIC ABOUT THE PROVISIONS OF THIS ACT.
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Read the first time and referred to the Committee on Judiciary.
S. 798 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 41-1-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF USING TOBACCO PRODUCTS OUTSIDE OF THE WORKPLACE AS BASIS FOR TAKING A PERSONNEL ACTION AGAINST AN EMPLOYEE, SO AS TO AUTHORIZE AN EMPLOYER TO ADVERTISE FOR NONSMOKER EMPLOYEES AND DESIGNATE IN HIS ADVERTISEMENT THAT THE WORKPLACE IS A NONSMOKING ENVIRONMENT.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 799 (Word version) -- Senator Mescher: A BILL TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 SO AS TO ENACT THE "SOUTH CAROLINA HOSPITAL-ACQUIRED INFECTIONS DISCLOSURE ACT", INCLUDING PROVISIONS TO REQUIRE HOSPITALS TO REPORT PROCESS AND OUTCOME MEASURES TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO ESTABLISH REPORTING CRITERIA AND PROCEDURES FOR COLLECTING AND ANALYZING THIS DATA, TO ESTABLISH AN ADVISORY COUNCIL; TO REQUIRE PUBLICATION OF AN ANNUAL REPORT SUMMARIZING THE DATA COLLECTED; TO PROVIDE CONFIDENTIALITY OF PATIENT IDENTIFYING INFORMATION; AND TO PROVIDE PENALTIES.
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Read the first time and referred to the Committee on Medical Affairs.
S. 800 (Word version) -- Senators Sheheen and Hawkins: A BILL TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR A VIOLATION OF CHILD RESTRAINT LAWS, SO AS TO INCREASE THE FINE FROM TWENTY-FIVE DOLLARS TO TWO HUNDRED DOLLARS AND PROVIDE FOR A FINE OF FIVE HUNDRED DOLLARS OR IMPRISONMENT OF NOT MORE THAN THIRTY DAYS IF INJURY TO A CHILD RESULTS FROM A VIOLATION.
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Read the first time and referred to the Committee on Transportation.
S. 801 (Word version) -- Senators Matthews, McGill, Leventis, Ritchie, Hutto, Elliott, Moore, Ford, Land, Scott, Williams, Malloy, Pinckney, Patterson, Anderson, Grooms and Rankin: A JOINT RESOLUTION TO CREATE THE I-95 CORRIDOR ECONOMIC POTENTIAL BLUE RIBBON STUDY COMMITTEE TO STUDY THE POTENTIAL FOR FURTHER ECONOMIC DEVELOPMENT OF THE I-95 CORRIDOR THROUGH THIS STATE AND TO MAKE RECOMMENDATIONS TO THE GOVERNOR AND GENERAL ASSEMBLY.
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Senator MATTHEWS spoke on the Resolution.
Read the first time and, on motion of Senator MATTHEWS, with unanimous consent, S. 801 was ordered placed on the Calendar without reference.
S. 802 (Word version) -- Senators Alexander, Bryant, Knotts and Martin: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING CHAPTER 23, SO AS TO ESTABLISH THE LAW ENFORCEMENT TRAINING COUNCIL, TO ESTABLISH A PROGRAM OF TRAINING FOR LAW ENFORCEMENT OFFICERS AND OTHER PERSONS EMPLOYED IN THE CRIMINAL JUSTICE SYSTEM, AND TO PROVIDE THAT THE COUNCIL SHALL OVERSEE THE ACTIVITIES OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; TO AMEND SECTION 6-11-340, RELATING TO PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO SUBSTITUTE "CRIMINAL JUSTICE ACADEMY" FOR "CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 23-28-30, AS AMENDED, RELATING TO TRAINING COURSES FOR RESERVE OFFICERS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 23-28-40, AS AMENDED, RELATING TO TRAINING PROVIDED FOR RESERVE OFFICERS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND "TRAINING COUNCIL" FOR "TRAINING ADVISORY COUNCIL"; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL (CRIMINAL JUSTICE ACADEMY)" FOR "CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND "LAW ENFORCEMENT TRAINING COUNCIL" FOR "DEPARTMENT OF PUBLIC SAFETY"; AND TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND TO REPEAL ARTICLE 9, CHAPTER 6, TITLE 23, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S DIVISION OF TRAINING AND CONTINUING EDUCATION.
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Senator ALEXANDER spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 803 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND SECTION 41-18-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN THE "SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE", SO AS TO DEFINE "CATAPULTING AMUSEMENT RIDE"; TO ADD SECTION 41-18-160 SO AS TO ESTABLISH CRITERIA FOR OBTAINING A PERMIT FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR THE OPERATION OF A CATAPULTING AMUSEMENT RIDE; TO AMEND SECTION 52-19-20, AS AMENDED, RELATING TO THE DEFINITION OF "BUNGEE JUMPING", SO AS TO DELETE REFERENCES TO THE CORD USED IN BUNGEE JUMPING BEING MADE OF WIRE ROPE, CABLE, OR SPRINGS OR OTHER DEVICE SIMILAR IN DESIGN OR USE; AND TO AMEND SECTION 52-19-50, AS AMENDED, RELATING TO DEFINITION OF TERMS USED IN CONNECTION WITH PERMITTING AND REGULATING BUNGEE JUMPING, SO AS TO REVISE THE DEFINITION OF "BUNGEE CATAPULTING", SO AS TO CONFORM THIS DEFINITION TO THE DEFINITION OF "BUNGEE CATAPULTING" AS PROVIDED FOR IN SECTION 41-18-10.
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Read the first time and, on motion of Senator RANKIN, with unanimous consent, S. 803 was ordered placed on the Calendar without reference.
H. 3647 (Word version) -- Reps. E. H. Pitts, Hinson, Young, Rutherford and Kirsh: A BILL TO AMEND SECTION 53-1-5, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF AN EMPLOYEE OF A BUSINESS TO REFUSE TO WORK ON SUNDAY, SO AS TO FURTHER PROVIDE FOR PROTECTION OF THIS RIGHT TO REFUSE TO WORK ON SUNDAY BY REASON OF CONSCIENTIOUS OBJECTION TO SUNDAY WORK AND TO EXCLUDE A MANUFACTURING OR RESEARCH AND DEVELOPMENT OPERATION REQUIRING CONTINUOUS UNINTERRUPTED OPERATION; TO REPEAL THE REMAINING SECTIONS OF CHAPTER 1 OF TITLE 53, SECTIONS 53-1-6 THROUGH 53-1-160, POPULARLY KNOWN AS THE "SUNDAY BLUE LAWS", RELATING TO THE PROHIBITION AGAINST THE SALE OF CERTAIN ITEMS ON SUNDAY EXCEPT DURING SPECIFIED HOURS AND THE PROHIBITION AGAINST THE CONDUCT OF CERTAIN WORK OR EVENTS OR THE OPERATION OF SPECIFIC BUSINESSES OR MANUFACTURING ESTABLISHMENTS ON SUNDAY; AND TO PROVIDE THAT THIS ACT DOES NOT AFFECT PROVISIONS OF LAW PROHIBITING OR OTHERWISE REGULATING THE SALE OF ALCOHOLIC LIQUORS, BEER, OR WINE ON SUNDAY.
Read the first time and referred to the Committee on Judiciary.
H. 3786 (Word version) -- Reps. Duncan, Taylor and M. A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 76 AND BARNES ROAD/TEMPLETON ROAD IN LAURENS COUNTY THE "JAMES E. 'BUBBA' NORRIS MEMORIAL INTERSECTION" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "JAMES E. 'BUBBA' NORRIS MEMORIAL INTERSECTION".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 3975 (Word version) -- Rep. Agnew: A CONCURRENT RESOLUTION TO CONGRATULATE THE BOONESBOROUGH TOWNSHIP HISTORICAL SOCIETY UPON THE COMPLETION OF THE RESTORATION OF THE TEMPLETON-DRAKE LOG CABIN IN DONALDS, SOUTH CAROLINA, AND TO COMMEND THE MEMBERS OF THE SOCIETY FOR THEIR IMPORTANT WORK IN PRESERVING THE HERITAGE OF ABBEVILLE AND ANDERSON COUNTIES.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3994 (Word version) -- Reps. Neilson, J. Hines and Lucas: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE LONG AND DISTINGUISHED CAREER OF THE HONORABLE A. LEE CHANDLER AND TO DECLARE MAY 26, 2005, "JUSTICE A. LEE CHANDLER DAY" IN SOUTH CAROLINA.
The Concurrent Resolution was introduced and referred to the Committee on Judiciary.
H. 3995 (Word version) -- Reps. J. E. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE JUNIOR LEAGUE OF COLUMBIA ON CELEBRATING ITS EIGHTIETH ANNIVERSARY ON SEPTEMBER 23, 2004, AND TO RECOGNIZE THE JUNIOR LEAGUE OF COLUMBIA FOR ITS CONTRIBUTIONS TO THE COMMUNITY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4007 (Word version) -- Rep. Anthony: A CONCURRENT RESOLUTION TO RECOGNIZE THE EPISCOPAL CHURCH OF THE NATIVITY OF UNION ON THE OCCASION OF ITS HISTORIC ONE HUNDRED FIFTIETH ANNIVERSARY AND TO COMMEND THE CHURCH FOR ONE HUNDRED AND FIFTY YEARS OF DEDICATED AND FAITHFUL SERVICE TO THE COMMUNITY.
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The Concurrent Resolution was adopted, ordered returned to the House.
Senator ALEXANDER from the Committee on Invitations has polled the following invitations with a favorable report on:
Alexander Patterson McGill Reese Knotts O'Dell Elliott Ford Grooms Verdin Campsen
Tuesday, May 3, 2005 - 6:00-8:00 PM
Members of the Senate and Staff, Reception and Barbeque, 1114 College Street, by BEER WHOLESALERS ASSOCIATION
Wednesday, May 4, 2005 - 9:00 - 10:00 AM
Members of the Senate, Refreshments, State House Grounds-beside Lt. Governor's office, by JOHN DE LA HOWE SCHOOL FOUNDATION
Wednesday, May 4, 2005 - 11:00 AM - 2:00 PM
Members of the Senate, Spouses, Staff and Attachés, "A Taste of South Carolina", State House Grounds, by PALMETTO AGRICULTURE & FOOD INDUSTRY COUNCIL
Wednesday, May 4, 2005 - 6:00-7:30 PM
Members of the Senate, Reception, Capital City Club, by SC PLASTICS INDUSTRY, SOCIETY OF THE PLASTICS INDUSTRY, INC. AND AMERICAN PLASTICS COUNCIL
Tuesday, May 10, 2005 - 6:00 - 8:00 PM
Members of the Senate, Reception, Clarion Town House, by TRIAD HOSPITALS, INC., QHG, INC., MARY BLACK HOSPITAL IN SPARTANBURG AND CAROLINAS HOSPITAL SYSTEM
Wednesday, May 11, 2005 - 8:30-10:00 AM
Members of the Senate, Breakfast, 208 Blatt, by SC SCHOOL FOOD SERVICE ASSOCIATION
Wednesday, May 11, 2005 - 12:30-2:00 PM
Members of the Senate and Staff, Ice Cream Reception, State House Grounds, by PIEDMONT NATURAL GAS
Wednesday, May 11, 2005 - 6:00-7:30 PM
Members of the Senate, Reception, Clarion Town House (Magnolia Room), by SC POULTRY FEDERATION
Tuesday, May 17, 2005 - 6:30 PM
Members of the Senate and Staff, Softball Game & Picnic, USC's Sarge Frye Stadium, by BLUE CROSS BLUE SHIELD OF SC
Wednesday, May 18, 2005 - noon-2:00 PM
Members of the Senate, Lunch, SouthTrust Building Atrium, by SC COALITION FOR SMALL BUSINESS ENTREPRENEURSHIP
Thursday, May 19, 2005 - 8:00 - 9:30 AM
Members of the Senate, Breakfast, 221 Blatt, by NATIONAL MULTIPLE SCLEROSIS SOCIETY
Senator RYBERG from the Committee on Transportation polled out H. 3722 favorable:
H. 3722 (Word version) -- Reps. Littlejohn and W.D. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF CANNONS CAMPGROUND ROAD IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 110 TO DRAYTON AVENUE "LANCE CORPORAL TRAVIS FOX MEMORIAL HIGHWAY", AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "LANCE CORPORAL TRAVIS FOX MEMORIAL HIGHWAY".
AYES
Ryberg Leatherman Elliott Grooms Hawkins Drummond Knotts Pinckney Cleary Land McGill Rankin Richardson Verdin Malloy Short Campsen
Ordered for consideration tomorrow.
Columbia, S.C., April 26, 2005
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 49 (Word version) -- Senators Hayes, Elliott, Hutto, Leventis, Rankin, Patterson, Land, Short, Richardson, Lourie, McConnell and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-290 SO AS TO REQUIRE HEALTH INSURANCE PLANS TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL ILLNESS OR ALCOHOL OR SUBSTANCE ABUSE, TO ALLOW A PLAN THAT DOES NOT PROVIDE FOR MANAGEMENT OF CARE OR THE SAME DEGREE OF MANAGEMENT OF CARE FOR ALL HEALTH CONDITIONS TO PROVIDE COVERAGE FOR SUCH TREATMENT THROUGH A MANAGED CARE ORGANIZATION, TO ESTABLISH TREATMENT CONDITIONS TO QUALIFY FOR COVERAGE, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY ON THE FISCAL IMPACT.
Very respectfully,
Speaker of the House
Received as information.
S. 49 (Word version) -- Senators Hayes, Elliott, Hutto, Leventis, Rankin, Patterson, Land, Short, Richardson, Lourie, McConnell and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-290 SO AS TO REQUIRE HEALTH INSURANCE PLANS TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL ILLNESS OR ALCOHOL OR SUBSTANCE ABUSE, TO ALLOW A PLAN THAT DOES NOT PROVIDE FOR MANAGEMENT OF CARE OR THE SAME DEGREE OF MANAGEMENT OF CARE FOR ALL HEALTH CONDITIONS TO PROVIDE COVERAGE FOR SUCH TREATMENT THROUGH A MANAGED CARE ORGANIZATION, TO ESTABLISH TREATMENT CONDITIONS TO QUALIFY FOR COVERAGE, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY ON THE FISCAL IMPACT.
On motion of Senator MARTIN, the Senate insisted upon its amendments to S. 49 and asked for a Committee of Conference.
Whereupon, Senators HAYES, MARTIN and SHORT were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., April 27, 2005
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Tripp, Leach and Cato to the Committee of Conference on the part of the House on:
S. 49 (Word version) -- Senators Hayes, Elliott, Hutto, Leventis, Rankin, Patterson, Land, Short, Richardson, Lourie, McConnell and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-290 SO AS TO REQUIRE HEALTH INSURANCE PLANS TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL ILLNESS OR ALCOHOL OR SUBSTANCE ABUSE, TO ALLOW A PLAN THAT DOES NOT PROVIDE FOR MANAGEMENT OF CARE OR THE SAME DEGREE OF MANAGEMENT OF CARE FOR ALL HEALTH CONDITIONS TO PROVIDE COVERAGE FOR SUCH TREATMENT THROUGH A MANAGED CARE ORGANIZATION, TO ESTABLISH TREATMENT CONDITIONS TO QUALIFY FOR COVERAGE, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY ON THE FISCAL IMPACT.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 26, 2005
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 22 (Word version) -- Senators Knotts, McConnell, Leventis, Sheheen, Hayes, Alexander, Ford, McGill, Williams and Malloy: A BILL TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE INTENT OF ARTICLE 15, CHAPTER 7, TITLE 14, SO AS TO PROVIDE THAT THERE IS A NEED TO ENHANCE THE GRAND JURY SYSTEM TO IMPROVE THE ABILITY OF THE STATE TO DETECT AND INVESTIGATE VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BECAUSE OF ITS UNIQUE QUALIFICATIONS, MUST PLAY A SUBSTANTIAL ROLE IN THE INVESTIGATION OF ANY SUCH ALLEGED ENVIRONMENTAL OFFENSE; AND TO AMEND SECTION 14-7-1630, RELATING TO THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO EXTEND THE SUBJECT MATTER JURISDICTION OF THE STATE GRAND JURY TO INCLUDE WILFUL CRIMINAL VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST MAKE A FORMAL WRITTEN RECOMMENDATION TO THE ATTORNEY GENERAL AND THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION IN CONSIDERATION OF THE NEED TO IMPANEL A STATE GRAND JURY.
Very respectfully,
Speaker of the House
Received as information.
S. 22 (Word version) -- Senators Knotts, McConnell, Leventis, Sheheen, Hayes, Alexander, Ford, McGill, Williams and Malloy: A BILL TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE INTENT OF ARTICLE 15, CHAPTER 7, TITLE 14, SO AS TO PROVIDE THAT THERE IS A NEED TO ENHANCE THE GRAND JURY SYSTEM TO IMPROVE THE ABILITY OF THE STATE TO DETECT AND INVESTIGATE VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BECAUSE OF ITS UNIQUE QUALIFICATIONS, MUST PLAY A SUBSTANTIAL ROLE IN THE INVESTIGATION OF ANY SUCH ALLEGED ENVIRONMENTAL OFFENSE; AND TO AMEND SECTION 14-7-1630, RELATING TO THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO EXTEND THE SUBJECT MATTER JURISDICTION OF THE STATE GRAND JURY TO INCLUDE WILFUL CRIMINAL VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST MAKE A FORMAL WRITTEN RECOMMENDATION TO THE ATTORNEY GENERAL AND THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION IN CONSIDERATION OF THE NEED TO IMPANEL A STATE GRAND JURY.
Whereupon, Senators MARTIN, KNOTTS and MALLOY were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
H. 3373 (Word version) -- Reps. W.D. Smith, Walker, Sinclair, Davenport, Littlejohn, Mahaffey and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 26, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 585 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
On motion of Senator RICHARDSON, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator RICHARDSON spoke on the report.
On motion of Senator RICHARDSON, with unanimous consent, Free Conference Powers were granted.
Whereupon, Senators RICHARDSON, RITCHIE and LOURIE were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., April 26, 2005
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.39, S. 547 by a vote of 4 to 0:
(R39, S547 (Word version)) -- Senator Sheheen: AN ACT TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO PROVIDE FOR THE TERMS OF THE ADDITIONAL MEMBERS ADDED TO THE BOARD AND TO DELETE ARCHAIC LANGUAGE.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 26, 2005
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3133 (Word version) -- Reps. Delleney, Harrison, Altman, Simrill, Taylor, Vaughn, Davenport, Sandifer, Barfield, Owens, E.H. Pitts, Rice, Clark, Walker, Toole, Viers, M.A. Pitts, Vick, Littlejohn, Coates, Wilkins and Mahaffey: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 15, SO AS TO PROVIDE THAT A MARRIAGE OF ONE MAN AND ONE WOMAN IS THE ONLY LAWFUL DOMESTIC UNION THAT SHALL BE VALID OR RECOGNIZED IN THIS STATE.
and has ordered the Joint Resolution enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 653 (Word version) -- Senators Knotts, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF GERVAIS STREET FROM ITS INTERSECTION WITH HARDEN STREET TO ITS INTERSECTION WITH MILLWOOD AVENUE IN THE CITY OF COLUMBIA "LIEUTENANT PHILLIP G. SCHLATTERER MEMORIAL STREET" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF GERVAIS STREET THAT CONTAIN THE WORDS "LIEUTENANT PHILLIP G. SCHLATTERER MEMORIAL STREET".
Returned with concurrence.
Received as information.
The PRESIDENT appointed Senators ALEXANDER, CLEARY, ANDERSON, RITCHIE and LEVENTIS to escort the winners of the 2005 Jean Laney Harris Folk Heritage Awards, members of the advisory committee and members of their party to the House Chamber for the Joint Assembly.
At 10:55 A.M., on motion of Senator MARTIN, the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:30 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. 3783 (Word version) -- Reps. Phillips and Wilkins: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 27, 2005, IMMEDIATELY BEFORE THE FOLK HERITAGE AWARDS, AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2005, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
The PRESIDENT announced that nominations were in order to elect a successor to an at-large position on the Board of Trustees for The Citadel.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Claude Burns III and Dudley Saleeby, Jr. had been screened and found qualified to serve.
Representative Phillips placed the name of Claude Burns III in nomination.
On motion of Representative Phillips, with unanimous consent, the name of Dudley Saleeby, Jr. was withdrawn from consideration.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Claude Burns III had been elected to an at-large position on the Board of Trustees for The Citadel for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University from the 2nd Congressional District, Seat #4.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. James F. Kane had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable James F. Kane was elected to a position on the Board of Trustees for Coastal Carolina University, 2nd Congressional District, Seat #4 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University from the 3rd Congressional District, Seat #6.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. William Lyles, Jr. had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable William Lyles, Jr. was elected to a position on the Board of Trustees for Coastal Carolina University, 3rd Congressional District, Seat #6 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University from the 4th Congressional District, Seat #8.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Keith S. Smith had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Keith S. Smith was elected to a position on the Board of Trustees for Coastal Carolina University, 4th Congressional District, Seat #8 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University from the 5th Congressional District, Seat #10.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Robert D. Brown had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Robert D. Brown was elected to a position on the Board of Trustees for Coastal Carolina University, 5th Congressional District, Seat #10 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University from the 6th Congressional District, Seat #12.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Cathy B. Harvin had been screened and found qualified to serve and placed her name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Cathy B. Harvin was elected to a position on the Board of Trustees for Coastal Carolina University, 6th Congressional District, Seat #12 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University, At-large, Seat #14.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Billy Alford had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Billy Alford was elected to a position on the Board of Trustees for Coastal Carolina University, At-large, Seat #14 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees for South Carolina State University, 1st District, Seat #1.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Karl V. Green had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Karl V. Green was elected to a position on the Board of Trustees for South Carolina State University, 1st District, Seat #1 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees for South Carolina State University, 2nd District, Seat #2.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Frederick R. Gallant had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Frederick R. Gallant was elected to a position on the Board of Trustees for South Carolina State University, 2nd District, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees for South Carolina State University, 5th District, Seat #5.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Linda K. Edwards and Mr. Earl A. Bridges, Jr. had been screened and found qualified to serve.
On motion of Representative Phillips, the name of Mr. Earl A. Bridges, Jr. was withdrawn from consideration
Representative Phillips placed the name of Ms. Linda K. Edwards in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Linda K. Edwards was elected to a position on the Board of Trustees for South Carolina State University, 5th District, Seat #5 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees for South Carolina State University, 6th District, Seat #6.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Maurice Washington had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Maurice Washington was elected to a position on the Board of Trustees for South Carolina State University, 6th District, Seat #6 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees for South Carolina State University, At-large, Seat #8.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Neville Lorick and Thaddeus J. Bell had been screened and found qualified to serve.
On motion of Representative Phillips, the name of Thaddeus J. Bell was withdrawn from consideration.
Representative Phillips placed the name of Mr. Neville Lorick in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Neville Lorick was elected to a position on the Board of Trustees for South Carolina State University, At-large, Seat #8 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees for South Carolina State University, At-large, Seat #10.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. William C. Clinkscales and Mr. Jonathan Pinson had been screened and found qualified to serve.
On motion of Representative Phillips, the name of Dr. Willliam C. Clinkscales was withdrawn from consideration.
Representative Phillips placed the name of Mr. Jonathan Pinson in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Jonathan Pinson was elected to a position on the Board of Trustees for South Carolina State University, At-large, Seat #10 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect successors to three at-large positions on the Board of Trustees for the Wil Lou Gray Opportunity School.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Russell E. Hart, Ms. Elizabeth Thrailkill, Mr. James L. Angle and Mr. Stewart Cooner had been screened and found qualified to serve.
Representative Phillips placed the names of Mr. Russell E. Hart, Ms. Elizabeth Thrailkill, Mr. James L. Angle and Mr. Stewart Cooner in nomination, moved that nominations be closed.
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 Mr. Angle:
Alexander Elliott Fair Ford Grooms Hawkins Hutto Jackson Leventis Lourie McConnell Mescher Sheheen Smith, J. Verne Thomas
The following named Senators voted for Mr. Cooner:
Anderson Bryant Campsen Cleary Cromer Drummond Hayes Knotts Land Leatherman Malloy Martin Matthews McGill Moore O'Dell Peeler Reese Richardson Ryberg Scott Setzler Short Verdin Williams
The following named Senators voted for Mr. Hart:
Alexander Anderson Bryant Campsen Cleary Cromer Drummond Elliott Fair Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Peeler Reese Richardson Ryberg Scott Setzler Sheheen Short Smith, J. Verne Thomas Verdin Williams
The following named Senators voted for Mrs. Thrailkill:
Alexander Anderson Bryant Campsen Cleary Cromer Drummond Elliott Fair Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Peeler Reese Richardson Ritchie Ryberg Scott Setzler Sheheen Short Smith, J. Verne Thomas Verdin Williams
On motion of Representative Phillips, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Angle:
Anthony Coleman Cooper Cotty Emory Funderburk Hagood Hosey Howard Jennings Kennedy Kirsh Loftis Lucas McCraw J. M. Neal Perry Rice Rivers Rutherford Scarborough Simrill Stewart Thompson Vaughn Vick
The following named Representatives voted for Mr. Cooner:
Agnew Allen Anderson Bailey Bales Ballentine Battle Bingham Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Dantzler Davenport Delleney Duncan Frye Haley Hamilton Hardwick Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hinson Hiott Howard Jefferson Leach Limehouse Littlejohn Lucas Mack Mahaffey McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal Neilson Norman Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rutherford Sandifer Scarborough Scott Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Talley Taylor Toole Townsend Umphlett Walker Weeks White Whitmire Wilkins Witherspoon
The following named Representatives voted for Mr. Hart:
Agnew Allen Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Brady Branham Breeland G. Brown J. Brown R. Brown Cato Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Dantzler Davenport Delleney Duncan Emory Frye Funderburk Hagood Haley Hardwick Harrell Hayes Herbkersman J. Hines M. Hines Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Mack Mahaffey McCraw McGee McLeod Merrill Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Owens Parks Phillips Pinson E. H. Pitts Rhoad Rice Sandifer Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Walker Weeks White Whitmire Wilkins Witherspoon
The following named Representatives voted for Mrs. Thrailkill:
Agnew Allen Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Emory Frye Funderburk Hagood Haley Hardwick Harrell Hayes Herbkersman J. Hines M. Hines Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Walker Weeks White Whitmire Wilkins Witherspoon
RECAPITULATION
Total number of Senators voting 41
Total number of Representatives voting 108
Grand Total 149
Necessary to a choice 75
Of which Mr. Angle received 41
Of which Mr. Cooner received 110
Of which Mr. Hart received 134
Of which Mrs. Thrailkill received 148
Whereupon, the PRESIDENT announced that the Honorable Russell E. Hart, the Honorable Elizabeth Thrailkill and the Honorable Stewart Cooner were elected to the three at-large positions on the Board of Trustees for the Wil Lou Gray Opportunity School for the terms prescribed by law.
The PRESIDENT announced that nominations were in order to elect successors to four at-large positions on the Board of Trustees for the Wil Lou Gray Opportunity School, at-large, one seat.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. John B. Shennan, Jr. had been screened and found qualified to serve.
Representative Phillips placed the name of Mr. John B. Shennan, Jr. in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable John B. Shennan, Jr. was elected to the at-large position on the Board of Trustees for the Wil Lou Gray Opportunity School for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect successors to four at-large positions on the Board of Trustees for the Wil Lou Gray Opportunity School, at-large, one seat.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. John W. Robinson and Mr. W. Wayne Sims had been screened and found qualified to serve.
Representative Phillips placed the names of Mr. John W. Robinson and Mr. W. Wayne Sims in nomination.
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 Mr. Robinson:
Anderson Elliott Ford Jackson Lourie Matthews Setzler Short Williams
The following named Senators voted for Mr. Sims:
Alexander Bryant Campsen Cleary Cromer Drummond Fair Grooms Hawkins Knotts Leatherman Leventis Malloy Martin McConnell McGill Mescher O'Dell Peeler Reese Ryberg Scott Sheheen Thomas Verdin
On motion of Representative Phillips, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Robinson:
Allen Anderson Bales Ballentine Battle Bingham Breeland J. Brown R. Brown Clyburn Cobb-Hunter Dantzler J. Hines M. Hines Hosey Howard Jefferson Jennings Kennedy Lee Mack McLeod Moody-Lawrence J. H. Neal Parks Rhoad Rivers Rutherford Scott Tripp Weeks
The following named Representatives voted for Mr. Sims:
Agnew Anthony Bailey Barfield Brady Branham Cato Ceips Chellis Clark Clemmons Coates Coleman Cooper Cotty Davenport Delleney Duncan Emory Frye Funderburk Haley Hamilton Hardwick Harrell Hayes Hinson Hiott Huggins Kirsh Leach Limehouse Loftis Lucas Mahaffey McCraw McGee J. M. Neal Neilson Norman Perry Phillips Pinson E. H. Pitts Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Walker White Whitmire Wilkins Witherspoon
Total--68
Total number of Senators voting 34
Total number of Representatives voting 99
Grand Total 133
Necessary to a choice 67
Of which Mr. Robinson received 40
Of which Mr. Sims received 93
Whereupon, the PRESIDENT announced that the Honorable W. Wayne Sims was elected to the Board of Trustees for the Wil Lou Gray Opportunity School, at-large for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect successors to a position on the Board of Trustees for the Winthrop University, At-large, Seat #7.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mrs. Angela H. Bain, Mr. Tim Gause, Mr. Raghu Korrapati, and Susan J. Smith-Rex had been screened and found qualified to serve.
On motion of Representative Phillips, the names of Mr. Tim Gause and Mrs. Angela H. Bain were withdrawn from consideration.
Representative Phillips placed the names of Mr. Raghu Korrapati, and Susan J. Smith-Rex in nomination.
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 Mr. Korrapati:
The following named Senators voted for Mrs. Smith-Rex:
Alexander Anderson Bryant Campsen Cleary Cromer Drummond Elliott Fair Grooms Hawkins Hayes Hutto Jackson Knotts Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Peeler Reese Richardson Ritchie Ryberg Scott Short Thomas Verdin Williams
On motion of Representative Phillips, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Korrapati:
Jefferson
The following named Senators voted for Mrs. Smith-Rex
Agnew Allen Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Tripp Umphlett Vaughn Vick Walker Weeks White Whitmire Wilkins Witherspoon
Total number of Senators voting 33
Total number of Representatives voting 112
Grand Total 145
Necessary to a choice 73
Of which Mr. Korrapati received 1
Of which Mrs. Smith-Rex received 144
Whereupon, the PRESIDENT announced that the Honorable Susan J. Smith-Rex was elected to the at-large position, Seat #7 on the Board of Trustees for Winthrop University for the term prescribed by law.
Immediately following the Joint Assembly convened for the purpose of electing members to various boards of trustees to colleges and universities, the Joint Assembly was convened under the terms of a Concurrent Resolution adopted by both Houses:
H. 3826 (Word version) -- Reps. Jennings, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rhoad, Rice, 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, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 2005 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2005 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 27, 2005, AT A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2005 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
The PRESIDENT appointed Senators ALEXANDER, CLEARY, ANDERSON, RITCHIE and LEVENTIS to the Escort Committee on behalf of the Senate.
The Speaker appointed Representatives Whitmire, Miller, F. N. Smith, Anthony and G. M. Smith to the Escort Committee on behalf of the House of Representatives.
The Escort Committees of the Senate and House accompanied the winners of the 2005 Jean Laney Harris Folk Heritage Award and the members of the 2005 Jean Laney Harris Folk Heritage Award Advisory Committee to the rostrum to commend them for their outstanding contributions to folk art in South Carolina.
The PRESIDENT introduced the Speaker of the House who, in turn, introduced each of the award winners who were presented certificates in honor of their respective talents:
Ms. Nancy Basket, a Cherokee basketmaker;
Ms. Eugenia P. Deez, a Gullah storyteller, entertained the members of the General Assembly with a humorous tale;
Mr. Cootie Stark, a traditional African-American Carolina Piedmont Blues musician who passed away earlier this month, and his award was presented posthumously to Ms. Rhonda Winger;
Mr. Charles Summer, an old time fiddler, along with members from his musical ensemble, entertained the members of the General Assembly with a toe-tapping song; and,
Dr. Jack Doyle, an advocate for traditional storytelling and a founding member of the S. C. Storytelling Guild.
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 12:10 P.M., the Senate resumed.
At 12:11 P.M., on motion of Senator MARTIN, the Senate receded from business until 2:00 P.M.
The Senate reassembled at 2:05 P.M. and was called to order by the ACTING PRESIDENT, Senator MARTIN.
At 2:06 P.M., Senator RITCHIE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator RITCHIE moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bryant Campsen Cleary Courson Cromer Drummond Elliott Fair Ford Grooms Hawkins Hayes Hutto Knotts Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Peeler Pinckney Rankin Richardson Ritchie Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
A quorum being present, the Senate resumed.
At 2:28 P.M., the PRESIDENT Pro Tempore assumed the Chair.
Senator RICHARDSON rose for an Expression of Personal Interest.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 139 (Word version) -- Senators Hayes and Richardson: A BILL TO ENACT THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT BY ADDING ARTICLE 35 TO CHAPTER 7, TITLE 20 OF THE 1976 CODE, TO ADOPT A UNIFORM ACT REVISING PROCEDURES FOR ESTABLISHING AND ENFORCING CHILD CUSTODY AND VISITATION WHEN ONE OF THE PARTIES RESIDES IN THIS STATE AND THE OTHER DOES NOT; AND TO REPEAL SUBARTICLE 2, ARTICLE 9, CHAPTER 7 OF TITLE 20 RELATING TO THE UNIFORM CHILD CUSTODY JURISDICTION ACT.
S. 786 (Word version) -- Senator Land: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR FLORENCE COUNTY SCHOOL DISTRICT 4 TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED NINE HUNDRED THOUSAND DOLLARS, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MUST BE ISSUED, AND THE PURPOSE FOR WHICH THE PROCEEDS MUST BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
By prior motion of Senator LAND
S. 784 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF NEWBERRY COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
By prior motion of Senator CROMER, with unanimous consent
S. 417 (Word version) -- Senator Hayes: A BILL TO AMEND SUBARTICLE 5, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE MOST CURRENT VERSION OF THIS UNIFORM ACT AND TO FURTHER PROVIDE FOR UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT, INCLUDING CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES, AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM INTERSTATE FAMILY SUPPORT ACT.
S. 737 (Word version) -- Senator Ryberg: A BILL TO AMEND THE TITLE OF CHAPTER 2, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976; TO REPEAL SECTION 56-2-2740, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' REFUSAL TO RENEW A DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF A PERSON WHO DOES NOT PAY PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE, THE ISSUANCE OF LICENSE PLATES, AND THE VALIDATION AND REVALIDATION OF DECALS; TO AMEND CHAPTER 2 OF TITLE 56, BY ADDING ARTICLE 1, SO AS TO PROVIDE FOR THE OPERATION, TITLING, AND SALE OF LOW SPEED VEHICLES; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN CERTAIN PROVISIONS THAT PERTAIN TO THE ISSUANCE OF DRIVER'S LICENSES, SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "LOW SPEED VEHICLE", "ALL TERRAIN VEHICLE", "OPERATOR" OR "DRIVER", AND "PERSON"; TO ADD SECTION 56-5-820 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A LOW SPEED VEHICLE IN VIOLATION OF THE PROVISIONS THAT REGULATE THE OPERATION OF THESE VEHICLES, AND TO PROVIDE A PENALTY; AND TO ADD SECTION 56-1-405 SO AS TO RECODIFY THE PROVISION THAT RELATES TO THE DEPARTMENT OF MOTOR VEHICLES' REFUSAL TO RENEW A DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF A PERSON WHO DOES NOT PAY PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE, THE ISSUANCE OF LICENSE PLATES, AND THE VALIDATION AND REVALIDATION OF DECALS.
S. 765 (Word version) -- Senator Gregory: A BILL TO REPEAL SECTION 47-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSAL OR REMOVAL OF FERAL DOGS FROM CERTAIN PROPERTY; SECTION 47-3-320, RELATING TO TRAINING OF CONSERVATION OFFICERS TO REMOVE DOGS; SECTION 47-3-510, RELATING TO THE AUTHORITY OF AN OWNER OF A HUNTING DOG TO REGISTER THE DOG WITH THE DEPARTMENT OF NATURAL RESOURCES; SECTION 50-1-20, RELATING TO DEFINITION OF HUNTERS AND HUNTING; SECTION 50-3-360, RELATING TO EMPLOYMENT OF DEPUTY OFFICERS IN GAME ZONE 2; SECTION 50-3-396, RELATING TO THE USE OF AN OFFICIAL SUMMONS FOR LITTERING VIOLATIONS; SECTION 50-5-2517, RELATING TO PROHIBITED ACTS IN CONNECTION WITH A DOLPHIN OR PORPOISE; SECTION 50-11-30, RELATING TO EXTENSION OF HUNTING SEASONS OPENING OR CLOSING ON SUNDAY; SECTION 50-11-1070, RELATING TO AUTHORITY TO KILL BOBCATS WITHOUT A LICENSE; SECTION 50-13-60, RELATING TO THE DEPARTMENT'S AUTHORITY TO DECLARE A CLOSED SEASON ON FISH IN STREAMS ON RECOMMENDATION OF COUNTY LEGISLATIVE DELEGATIONS; SECTION 50-13-70, RELATING TO NOTICE OF A SEASON CLOSED PURSUANT TO SECTION 50-13-60; SECTION 50-13-80, RELATING TO CONDUCT WHICH IS PRIMA FACIE EVIDENCE OF VIOLATING A SEASON CLOSED PURSUANT TO SECTION 50-13-60; SECTION 50-13-120, RELATING TO NO SIZE LIMIT ON FRESH-WATER GAME FISH OR COLD-WATER TROUT; SECTION 50-13-350, RELATING TO UNLAWFUL FISHING OR TRESPASSING IN PRIVATE ARTIFICIAL PONDS USED TO BREED FISH OR OYSTERS; SECTION 50-13-980, RELATING TO PRESUMPTIONS FROM POSSESSION OF FISH IN EXCESS OF LEGAL LIMITS; SECTION 50-13-1760, RELATING TO SALE OF WHITE PERCH AND INVOICES REQUIRED FOR IMPORTED FISH; SECTIONS 50-19-750, 50-19-760, 50-19-960, 50-19-1160, 50-19-1170, 50-19-1180, 50-19-1510, AND 50-19-2310, ALL RELATING TO SPECIAL HUNTING AND FISHING PROVISIONS; SECTION 50-21-60, RELATING TO CERTAIN PERSONNEL, EXPENSES, AND SALARIES OF THE DEPARTMENT OF NATURAL RESOURCES REQUIRED TO BE APPROVED BY THE BUDGET AND CONTROL BOARD; AND SECTION 58-1-65, RELATING TO PUBLIC WATER IMPROVEMENT.
The following Bills, having been read the second time, were ordered placed on the Third Reading Calendar:
S. 140 (Word version) -- Senators Hayes and Campsen: A BILL TO AMEND SECTION 12-6-3535 OF THE 1976 CODE, AS AMENDED, RELATING TO THE STATE INCOME TAX CREDIT ALLOWED TAXPAYERS MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE IN THIS STATE, TO EXTEND THE CREDIT TO LICENSE TAXES AND TO CLARIFY THE APPLICATION OF THE CREDIT TO PASS-THROUGH ENTITIES.
Senator ALEXANDER explained the Bill.
S. 489 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES, RETIREES, AND THEIR DEPENDENTS ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND THIS ELIGIBILITY TO THE CHILDREN'S TRUST FUND.
Senator ALEXANDER explained the Bill.
H. 3862 (Word version) -- Reps. Battle and M. Hines: A BILL TO AMEND ACT 197 OF 1991, AS AMENDED, RELATING TO THE MARION COUNTY HOSPITAL DISTRICT, SO AS TO INCREASE THE NUMBER OF COMMISSIONERS FROM NINE TO ELEVEN AND TO PROVIDE FOR THE TERMS OF THE TWO NEW MEMBERS.
On motion of Senator ELLIOTT, H. 3862 was ordered to receive a third reading on Thursday, April 28, 2005.
H. 3312 (Word version) -- Reps. Witherspoon and Vick: A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FARM TRUCK LICENSE FEES, SO AS TO REVISE THE DEFINITION OF THE TERM "FARM TRUCK".
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (SWB\6487CM05), which was adopted:
Amend the bill, as and if amended, Section 56-3-670(A) as contained in SECTION 1, by deleting / distributing and / on line 25, and by deleting / other than / and inserting / other than including / on line 27
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 253 (Word version) -- Senators Ryberg and Moore: A BILL TO AMEND ACT 503 OF 1982, AS AMENDED, RELATING TO THE AIKEN COUNTY SCHOOL DISTRICT AND THE AIKEN COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE BOARD'S AUTHORITY WITH REGARD TO ADMINISTRATIVE AREA OFFICES AND AREA ADVISORY COUNCILS.
Senator RYBERG asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator RYBERG proposed the following amendment (253R001.WGR), which was adopted:
Amend the bill, as and if amended, page 2 by striking lines 13 through 27 and inserting:
/ Section 16. Each of the administrative areas shall may have an area superintendent appointed by the county board of education upon recommendation of the district superintendent. Each area superintendent shall be responsible to the district superintendent for the operation of the schools within his area and the annual preparation of a proposed classified budget for the operation of the schools in his administrative area. The area superintendent shall have supervisory control over the expenditure of funds allocated to his area. Each area superintendent shall recommend to the district superintendent for nomination to the county board for employment those school personnel whose services are required to his administrative area. The area superintendents shall may be delegated additional authority as deemed necessary in consultation with the district superintendent of schools by the county board of education. Prior to restructuring the administration of one or more advisory areas or the elimination of one or more area superintendent positions, the board shall hold a public hearing." /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3577 (Word version) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: A BILL TO AMEND SECTION 46-13-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PESTICIDE REGISTRATION FEES, SO AS TO INCREASE THE ANNUAL BASIC REGISTRATION FEE, TO PROVIDE A PROCEDURE FOR FUTURE INCREASES, AND FURTHER PROVIDE FOR THE USE OF THESE FUNDS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
The question then was the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Campsen Cromer Drummond Grooms Hayes Hutto Land Leventis Malloy Martin McGill Moore Short Verdin Williams
Anderson Bryant Cleary Elliott Fair Ford Hawkins Knotts Mescher O'Dell Peeler Richardson Ryberg Scott Setzler Thomas
The PRESIDENT voted "No."
Having failed to receive the necessary vote, second reading failed.
The Bill was removed from the Calendar.
I voted favorably on H.3577 following the unanimous recommendation of the Senate Agriculture & Natural Resources Committee last month. The Bill simply codifies the current pesticide product registration fee of $175 per product.
During the last two legislative sessions, the House, Senate, and Governor approved temporary proviso 28.3A that allowed a $75 surcharge on the longstanding registration fee of $100. This amount has been in effect since July 1, 2003. Further, all but two voting members of the Senate approved the same measure yesterday when approving the 2005-2006 state budget.
The move to codify (place into permanent law) these fees followed the advice of Clemson University PSA. Clemson's recommendation came after codification was given formal support by national and regional pesticide industry associations.
Of the ten southern states from Virginia to Texas, the average annual registration fee is $195. There are only 34 registrants (pesticide manufacturers) directly impacted, and large, out-of-state manufacturers distribute the majority of products registered in South Carolina. Clemson University's monitoring of pesticide prices has not shown any perceivable increase in price due to this change.
Additionally, there are matters related to the protection of the people of the State of South Carolina from the introduction of economically damaging and dangerously invasive plant and pest species. Finally and importantly, there are significant homeland security responsibilities associated with the expensive monitoring and licensing of these programs by the State.
I have an eight-year record of keeping state taxes low, and of protecting the people of the Palmetto State. The vote in favor of H.3577 was in keeping with that record, and the attempt by some to insert politics into this issue is unfortunate.
S. 787 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO PROCLAIM MAY 7, 2005, AS "CHARLESTON RIFLE CLUB DAY" IN THE STATE OF SOUTH CAROLINA BASED ON THE CLUB'S ONE HUNDRED-FIFTY YEAR HISTORY OF IMPROVING THE COMMUNITY AND CELEBRATING FELLOWSHIP.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 4 (Word version) -- Senators Leatherman, Setzler, Hayes, Mescher, Gregory, Alexander, Martin, Short and Rankin: A BILL TO AMEND TITLE 59 OF THE 1976 CODE BY ADDING CHAPTER 59, TO ENACT THE "SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT"; TO AMEND SECTION 59-17-135 RELATING TO CHARACTER EDUCATION, TO INCORPORATE THE CHARACTER TRAITS OF THE FAMILY RESPECT ACT; TO AMEND SECTION 59-18-900, RELATING TO SCHOOL REPORT CARDS, TO EXPAND THE CONTENT OF THE REPORT CARD TO INCLUDE, AMONG OTHER THINGS, REPORTS ON COMPLIANCE WITH THIS ACT AND THE CHARACTER EDUCATION ACT AND DROPOUT REDUCTION DATA; AND TO REPEAL ACT 450 OF 1994 AND SECTION 59-52-95 RELATING TO THE SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994.
Senator HAYES asked unanimous consent to commit the Bill to the Committee on Education.
There was no objection.
The Bill was recommitted to the Committee on Education.
H. 3578 (Word version) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: A BILL TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO FERTILIZER REGULATIONS, SO AS TO REVISE THE DEFINITION OF "SOIL AMENDMENT"; TO AMEND SECTION 46-25-30, AS AMENDED, RELATING TO ANALYSIS OF PLANT NUTRIENTS, SO AS TO PERMIT THE STATE CROP PEST COMMISSION TO REQUIRE PROOF OF CLAIMS MADE FOR FERTILIZER; AND TO AMEND SECTION 46-25-810, AS AMENDED, RELATING TO AN INSPECTION TAX AND TONNAGE REPORTS IN REGARD TO COMMERCIAL FERTILIZER, SO AS TO INCREASE THE INSPECTION TAX AND FURTHER PROVIDE FOR THE TONNAGE REPORT ON FERTILIZER SOLD, AND FOR CERTAIN ACTIONS WHICH WILL BE TAKEN IF THE REQUIRED TAXES AND REPORTS ARE NOT MADE.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator HUTTO spoke on the Bill.
Senator THOMAS objected to further consideration of the Bill.
H. 3347 (Word version) -- Reps. Scott, Cato, Tripp, J. Hines, Hosey, M. Hines, Vaughn, Bales, Battle, Branham, Breeland, R. Brown, Davenport, Hamilton, Haskins, Jennings, Leach, Loftis, Miller, Rhoad, Rivers and G.R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE AND DEFINE "VOTING SYSTEM"; TO AMEND SECTION 7-13-1320, RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO AUTHORIZE THE USE OF AN "OPTICAL SCAN VOTING SYSTEM" INSTEAD OF "VOTE RECORDERS" FOR USE IN ABSENTEE PRECINCTS; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO CHANGE REFERENCES TO AN "OPTICAL SCAN VOTING SYSTEM" AND DELETE REFERENCES TO A SYSTEM BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY AND TO PROVIDE A PROCEDURE FOR REPORTING DECERTIFICATION BY A VENDER WHEN HE HAS COMMITTED ETHICAL OR TECHNICAL VIOLATIONS IN ANOTHER STATE; AND TO REPEAL SECTION 7-13-1310 RELATING TO THE USE OF VOTE RECORDERS, AND SECTION 7-13-1660 RELATING TO THE ACQUISITION AND USE OF APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the proposed amendment.
Senator KNOTTS spoke on the Bill.
Senator RITCHIE objected to further consideration of the Bill.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
At 2:57 P.M., Senator MARTIN asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:00 A.M. on Thursday, April 28, 2005.
There was no objection and a message was sent to the House accordingly.
Pursuant to the provisions of Rule 32B, Senator MARTIN, as Chairman of the Rules Committee, moved that S. 615 be moved to priority status at the beginning of the Contested Calendar.
Senator SHEHEEN made a Parliamentary Inquiry as to where S. 615 would be considered during the ordinary course of business if the motion were to be adopted.
The PRESIDENT Pro Tempore stated that S. 615 would be the first order of business to be considered on the Contested Calendar if the motion were to be adopted.
The question then was the motion under Rule 32B.
The motion under Rule 32B was adopted and S. 615 was moved to priority status at the beginning of the Contested Calendar.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
H. 3152 (Word version) -- Reps. Harrell, Wilkins, Leach, Littlejohn, Young, Bailey, Battle, Rice, Scarborough, Hinson, Simrill, Mahaffey, Sandifer, Hagood and J.E. Smith: A BILL TO AMEND CHAPTER 62 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO INCLUDE AN EXEMPTION FROM LOCAL, AS WELL AS STATE, SALES AND USE TAXES, TO DEFINE "EMPLOYEE" FOR PURPOSES OF A FIVE PERCENT REBATE ON ALL TAXABLE WAGES PAID IN CONNECTION WITH AN EMPLOYEE'S WORK ON A MOTION PICTURE AND TO PROVIDE PROCEDURES FOR CLAIMING THE REBATE, TO ALLOW UP TO SEVEN PERCENT OF THE GENERAL FUND PORTION OF ADMISSIONS TAX COLLECTED BY THE STATE AND FUNDED TO THE USE OF THE SOUTH CAROLINA FILM COMMISSION TO BE USED EXCLUSIVELY FOR MARKETING AND SPECIAL EVENTS, AND TO PROVIDE, FURTHER, THAT THE COMMISSION REPORT ANNUALLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT ON USE OF ALL ITS FUNDS IN A PUBLIC REPORT, ACCESSIBLE ON ITS WEBSITE; TO AMEND SECTION 12-36-920, AS AMENDED, RELATING TO SALES TAX ON GROSS PROCEEDS FROM RENTALS ON LODGINGS, SO AS TO DELETE A REBATE TO A MOTION PICTURE PRODUCTION COMPANY FOR SALES TAX PAID ON ACCOMMODATIONS; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO DELETE A REFERENCE TO THE STATE DEVELOPMENT BOARD; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO DELETE THE EXEMPTION FOR THE PROCEEDS OF SALES MADE TO A MOTION PICTURE COMPANY.
On motion of Senator MOORE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator MOORE spoke on the report.
On motion of Senator MOORE, the Report of the Committee of Conference to H. 3152 was adopted as follows:
The General Assembly, Columbia, S.C., April 27, 2005
The COMMITTEE OF CONFERENCE, to whom was referred:
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 3/31/05)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Chapter 62, Title 12 of the 1976 Code, as added by Act 299 of 2004, is amended to read:
"CHAPTER 62
South Carolina Motion Picture Incentive Act
Section 12-62-10. This chapter may be cited as the 'South Carolina Motion Picture Incentive Act'.
Section 12-62-20. For purposes of this chapter:
(1) 'Company' means a corporation, partnership, limited liability company, or other business entity.
(2) 'Department' means the South Carolina Department of Commerce.
(3) 'Motion picture' means a feature-length film, video, television series, or commercial made in whole or in part in South Carolina, and intended for national theatrical or television viewing or as a television pilot produced by a motion picture production company. The term ' motion picture' does not include the production of television coverage of news and athletic events or a production produced by a motion picture production company if records, as required by 18 U.S.C. 2257, are to be maintained by that motion picture production company with respect to any performer portrayed in that single media or multimedia program.
(4) 'Motion picture production company' means a company engaged in the business of producing motion pictures intended for a national theatrical release or for television viewing. 'Motion picture production company' does not mean or include a company owned, affiliated, or controlled, in whole or in part, by a company or person that is in default on a loan made by the State or a loan guaranteed by the State.
(5) 'Payroll' means salary, wages, or other compensation subject to South Carolina income tax withholdings.
(6) 'Secretary' means the Secretary of the Department of Commerce or his designee.
Section 12-62-30. Notwithstanding the provisions of Section 12-36-2120(43), A motion picture production company that intends to expend in the aggregate two hundred fifty thousand dollars or more in connection with the filming or production of one or more motion pictures in the State of South Carolina within a consecutive twelve-month period, upon making application for, meeting the requirements of, and receiving written certification of that designation from the department as provided in this chapter, shall be relieved from the payment of state and local sales and use taxes administered and collected by the Department of Revenue on funds expended in South Carolina in connection with the filming or production of a motion picture or pictures. The production of television coverage of news and athletic events is specifically excluded from the provisions of this chapter. The provisions of this chapter do not apply to a sales and use tax levied by a local governmental subdivision.
Section 12-62-40. (A) A motion picture production company that intends to film all , or parts of, a motion picture in South Carolina and desires to be relieved from the payment of the state and local sales and use tax taxes, administered and collected by the Department of Revenue, as provided in this chapter shall provide an estimate of total expenditures expected to be made in South Carolina in connection with the filming or production of the motion picture. The estimate of expenditures must be filed with the department before the commencement of filming in South Carolina.
(B) At the time the motion picture production company provides the estimate of expenditures to the department, it also shall designate a member or representative of the motion picture production company to work with the department and the Department of Revenue on reporting of expenditures and other information necessary to take advantage of the tax relief afforded by this chapter.
(C)(1) An application for the tax relief provided by this chapter must be accepted only from those motion picture production companies that report anticipated expenditures in the State in the aggregate equal to or exceeding two hundred fifty thousand dollars in connection with the filming or production of one or more motion pictures in the State within a consecutive twelve-month period.
(2) The application must be approved by the Director of the South Carolina Film Commission secretary.
(3) Once the application is approved by the Director of the South Carolina Film Commission secretary, the Department of Revenue shall issue a written certification of state sales and use tax exemption certificate to the motion picture production company as evidence of the exemption. The exemption is effective on the date the application is approved by the secretary.
(D) A motion picture production company that is approved for relief from the payment of sales and use taxes as provided by this chapter and that and receives a sales and use tax exemption certificate but fails to expend two hundred fifty thousand dollars within a consecutive twelve-month period is liable for the sales and use taxes that would have been paid had the approval not been granted; except, that the motion picture production company must be given a sixty-day period in which to pay the sales and use taxes without incurring penalties. The sales and use taxes are considered due as of the date that taxable expenditures are made the tangible personal property was purchased in or brought into South Carolina for use, storage, or consumption.
(E) Upon completion of the motion picture, the motion picture production company must return the sales and use tax exemption certificate to the Department of Revenue and submit a report to the department of the actual expenditures made in South Carolina in connection with the filming or production of the motion picture.
Section 12-62-50. (A) A motion picture production company is entitled to a tax rebate for the employment of persons subject to South Carolina income tax withholdings in connection with production of a motion picture. The rebate is equal to five percent of the total aggregate South Carolina payroll for persons subject to South Carolina income tax withholdings employed in connection with the production when total production costs in South Carolina equal or exceed one million dollars during the taxable year. The rebate may not exceed the amount withheld on South Carolina income tax withholdings. For purposes of this section, 'total aggregate payroll' does not include the salary of an employee whose salary is equal to or greater than one million dollars for each motion picture.
(B) The rebate must be applied exclusively to film production employee payroll in South Carolina by the motion picture production company.
(C) The rebate must be distributed to the motion picture production company at the completion of physical production and support activities. This credit must follow the same procedures as established pursuant to Section 12-10-81(B)(1), (B)(2), (B)(6), (B)(8), and (G).
(1) The South Carolina Film Commission may rebate to a motion picture production company a portion of the South Carolina payroll of the employment of persons subject to South Carolina income tax withholdings in connection with production of a motion picture. The rebate may not exceed fifteen percent of the total aggregate South Carolina payroll for persons subject to South Carolina income tax withholdings employed in connection with the production when total production costs in South Carolina equal or exceed one million dollars during the taxable year. The rebates in total may not annually exceed ten million dollars and shall come from the state's general fund. For purposes of this section, 'total aggregate payroll' does not include the salary of an employee whose salary is equal to or greater than one million dollars for each motion picture.
(2)(a) For purposes of this section, an employee is an individual directly involved in the filming or post-production of a motion picture in South Carolina and who is an employee of a:
(i) motion picture production company that is directly involved in the filming or post-production of a motion picture in South Carolina; or
(ii) personal service corporation retained by a motion picture production company to provide persons used directly in the filming or post-production of a motion picture in South Carolina; or
(iii) payroll services or loan out company that is retained by a motion picture production company to provide employees who work directly in the filming or post-production of a motion picture in South Carolina.
(b) For his wages to qualify for the rebate, the employee must be certified by the department as a qualifying employee and the employee must have had South Carolina income tax withholding withheld and remitted to the Department of Revenue by a company described in item (2)(a).
(3) The rebate applies with respect to an employee described in subitem (a)(ii) or (iii) only if, before commencement of filming in South Carolina, the personal services corporation, payroll services company, or loan out company is approved and certified by the department, and makes an irrevocable assignment of its rebate to the motion picture production company that produced the motion picture. The assignment must be made on a form provided by the Department of Revenue, which must include a waiver of confidentiality pursuant to Section 12-54-240. Upon assignment, the rebate may be paid only to the motion picture production company.
(B)(1) The rebate provided in subsection (A) is available to the motion picture production company at the end of all filming in South Carolina in connection with the motion picture. The motion picture production company producing the motion picture must apply to the department for a certificate of completion once filming in South Carolina is complete. The motion picture production company must provide the information the department considers necessary to determine if the one million dollar-expenditure requirement has been met.
(2) A motion picture production company may claim the rebate by filing a request for rebate with the department once the certificate of completion is obtained. The request for rebate must be filed by the last day of February of the year following the year in which the certificate of completion is obtained. To claim the rebate, the motion picture production company and all companies described in subsection (A)(2)(a)(ii) or (iii) must be current with respect to all taxes due and owing the State at the time of filing the request for rebate. If the motion picture production company or a company described in subsection (A)(2)(a)(ii) or (iii) is not current with respect to all taxes due and owing the State, the motion picture production company is permanently barred from claiming the rebate.
(3) The motion picture production company must attach to its request for rebate a copy of the certificate of completion and a copy of all assignments of the rebate, if applicable.
(C) A motion picture production company claiming a rebate pursuant to this section, and all companies described in subsection (A)(2)(a)(ii) or (iii), must make payroll books and records available for inspection to the commission and the department at the times requested by the commission or the department. Each motion picture production company claiming the rebate, at the time of filing, must provide a report to both the commission and the department that includes the project's name, the name of each employee that worked on the motion picture, the social security number for each employee, the dates employed, the dates the employee worked on the motion picture, a job description for each employee, the total gross wages for each employee, the South Carolina taxable wages subject to withholding for each employee, the amount of rebate attributable to that employee, and other information considered necessary by the commission or the department. The report also must contain the total amount of withholding attributable to all employees that worked on the motion picture in South Carolina.
(D) For purposes of this section, and as an exception to Section 12-54-240, a motion picture production company and a company described in subsection (A)(2)(a)(ii) or (iii) agree that the commission and the department may share or provide information concerning the request for rebate and the certificate of completion among the respective taxpayers and the respective agencies.
Section 12-62-55. At the time the motion picture production company is certified by the department, it may make, with the approval of the coordinating council, an irrevocable assignment of future payments attributable to the rebates made pursuant to Section 12-62-40 or 12-62-50 to a designated trustee. For purposes of this chapter, 'designated trustee' means the single financier or financial institution designated by the council to receive all assignments of payments made pursuant to this chapter and to the terms of an agreement entered into by the qualifying motion picture production company. If a qualifying motion picture production company elects to assign payments to the designated trustee, the election must be made on a form provided by the department, including a waiver of confidentiality pursuant to Section 12-54-240, and the payments may be paid only to the designated trustee. The qualifying motion picture production company must file an application for the assignment with the secretary no later than thirty days after filming begins in South Carolina.
Section 12-62-60. (A)(1) An amount equal to thirteen percent twenty-six percent of the general fund portion of admissions tax collected by the State of South Carolina for the previous fiscal year must be funded annually by September first to the department for the exclusive use of the South Carolina Film Commission. The South Carolina Film Commission department may rebate to a motion picture production company up to seven percent fifteen percent of the costs of goods and services purchased expenditures made by the motion picture production company in the State if the motion picture production company has a minimum in-state expenditure of one million dollars. The distribution of rebates may not exceed the amount annually funded to the department for the South Carolina Film Commission from the admissions tax collected by the State.
(2) This subsection does not apply to payroll paid for motion picture production employees subject to Section 12-62-50 or money paid to the companies described in Section 12-62-50(A)(2)(a)(ii) or (iii). Unexpended funds from this source may be carried over to the next and succeeding fiscal years.
(B) Up to seven percent of the amount provided to the department in subsection (A) may be used exclusively for marketing and special events.
(2)(C) The allocations to motion picture production companies contemplated by this chapter must be made by the Coordinating Council for Economic Development. The Coordinating Council for Economic Development may adopt rules and promulgate regulations for the application for and award of the rebate.
(B)(D) One percent of the general fund portion of admissions tax collected by the State of South Carolina must be funded to the department for the exclusive use of the South Carolina Film Commission for the promotion of collaborative production and educational efforts between institutions of higher learning in South Carolina and motion picture related entities. The department, in conjunction with the South Carolina Film Commission, shall adopt rules and promulgate regulations necessary to administer this section. Unexpended funds from this source may be carried over to the next and succeeding fiscal years.
(E) The department shall report annually to the coordinating council on the use of all funds pursuant to this section. The report is a public record pursuant to the Freedom of Information Act, Chapter 4 of Title 30, and must be posted annually on the commission's website by January first.
Section 12-62-70. (A)(1) Upon a determination by the Director of the Office of General Services Division of the South Carolina Budget and Control Board of the underutilization of state property by a state agency, the South Carolina Film Commission department may negotiate below-market rates for temporary use, no more than twelve months, of space for the underutilized property. The neg otiations and temporary use are exempt from the provisions of the State Consolidated Procurement Code. The motion picture production company shall reimburse costs at normal and customary rates incurred by the state agency to the state agency, including costs required to repair any damage caused by the motion picture production company to real or personal property of the State.
(2) The state agency or local political subdivision that owns the property determined to be underutilized may appeal that determination of underutilization to the Budget and Control Board.
(B) The State or its political subdivisions may not charge a location or facility fee for properties they own if the properties are used for seven or fewer days as a location or facility in the production of a motion picture. A property may be used for a total of only twenty-one days without location or facility fees in a calendar year. The motion picture production company may be on site no longer than seven days within a thirty-day period without a location or facility fee charge. State-owned or political subdivision-owned properties may recoup all costs they expend on behalf and at the direction of the motion picture production company. including State-owned or political subdivision-owned properties also may recoup a location or facility fee, after the first seven days, not to exceed two thousand five hundred dollars a day. Whenever possible, the public entity must direct the public property contribution to a charitable entity that is recognized as exempt under Section 501(c)(3) of the Internal Revenue Code. State-owned or political subdivision-owned properties also may recoup costs required to repair damage caused by the motion picture production company to real or personal property of the state agency or political subdivision. The motion picture production company shall reimburse all costs, at the property's normal and customary rates, to the state agency or political subdivisions incurring the costs within twenty-one calendar days of completion of production activities on site. The motion picture production company may use the publicly-owned property only on the days agreed to and approved by the state agency or political subdivision.
Section 12-62-80. The department may form a South Carolina Film Foundation to solicit donations for the recruitment of motion pictures in furtherance of the purposes of this chapter.
Section 12-62-90. The end credit roll of a motion picture that utilizes a South Carolina tax credit or rebate must recognize the State of South Carolina with the following statement: 'Filmed in South Carolina pursuant to the South Carolina Motion Picture Incentive Act', except that the State of South Carolina reserves the right to refuse the use of South Carolina's name in the credits of a motion picture filmed or produced in the State.
Section 12-62-100. To the extent not already provided, the department may adopt rules and promulgate regulations to carry out the intent and purposes of this chapter."
SECTION 2. Section 12-36-920(A) of the 1976 Code, as last amended by Act 299 of 2004, is further amended to read:
"(A)(1) A sales tax equal to seven percent is imposed on the gross proceeds derived from the rental or charges for any rooms, campground spaces, lodgings, or sleeping accommodations furnished to transients by any hotel, inn, tourist court, tourist camp, motel, campground, residence, or any place in which rooms, lodgings, or sleeping accommodations are furnished to transients for a consideration. This tax does not apply where the facilities consist of less than six sleeping rooms, contained on the same premises, which is used as the individual's place of abode. The gross proceeds derived from the lease or rental of sleeping accommodations supplied to the same person for a period of ninety continuous days are not considered proceeds from transients. The tax imposed by this subsection (A) does not apply to additional guest charges as defined in subsection (B).
(2) A motion picture production company producing a motion picture in the State of South Carolina, as those terms are defined in Chapter 62 of Title 12, is entitled to a rebate from the Department of Revenue of all of the sales taxes on accommodations paid by the motion picture production company for employees of the motion picture production company who have stayed in accommodations in South Carolina for an aggregate of thirty days over a twelve-month period. The motion picture production company must first submit to the Department of Revenue a certification as to the number of days its employees have stayed in accommodations in South Carolina. The rebate of accommodations taxes does not apply to the local accommodations tax authorized by Article 5, Chapter 1, Title 6."
SECTION 3. Section 1-30-25(D) of the 1976 Code, as last amended by Act 299 of 2004, is further amended to read:
"(D) State Development Board Department of Commerce, including the South Carolina Film Commission, formerly provided for in Section 13-3-10, et seq., except that the department must make reasonable rules and promulgate reasonable regulations to ensure that funds made available to film projects through its film commission are budgeted and spent so as to further the following objectives:
(1) stimulation of economic activity to develop the potentialities of the State;
(2) conservation, restoration, and development of the natural and physical, the human and social, and the economic and productive resources of the State;
(3) promotion of a system of transportation for the State, through development and expansion of the highway, railroad, port, waterway, and airport systems;
(4) promotion and correlation of state and local activity in planning public works projects;
(5) promotion of public interest in the development of the State through cooperation with public agencies, private enterprises, and charitable and social institutions;
(6) encouragement of industrial development, private business, commercial enterprise, agricultural production, transportation, and the utilization and investment of capital within the State;
(7) assistance in the development of existing state and interstate trade, commerce, and markets for South Carolina goods and in the removal of barriers to the industrial, commercial, and agricultural development of the State;
(8) assistance in ensuring stability in employment, increasing the opportunities for employment of the citizens of the State, devising ways and means to raise the living standards of the people of the State;
(9) enhancement of the general welfare of the people; and
(10) encouragement and consideration as appropriate so as to consider race, gender, and other demographic factors to ensure nondiscrimination, inclusion, and representation of all segments of the State to the greatest extent possible."
SECTION 4. This act takes effect upon approval by the Governor and applies to taxable years beginning July 1, 2004, except that Sections 12-62-50(A)(1) and 12-62-60(A)(1) are effective July 1, 2005./
Amend title to read:
TO AMEND CHAPTER 62 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO INCLUDE AN EXEMPTION FROM LOCAL, AS WELL AS STATE, SALES AND USE TAXES, TO DEFINE "EMPLOYEE" FOR PURPOSES OF A FIVE PERCENT REBATE ON ALL TAXABLE WAGES PAID IN CONNECTION WITH AN EMPLOYEE'S WORK ON A MOTION PICTURE AND TO PROVIDE PROCEDURES FOR CLAIMING THE REBATE, TO INCREASE THE AMOUNT OF THE GENERAL FUND PORTION OF ADMISSIONS TAX COLLECTED BY THE STATE FUNDED TO THE USE OF THE SOUTH CAROLINA FILM COMMISSION TO TWENTY-SIX PERCENT AND TO PROVIDE THAT FIFTEEN PERCENT OF THAT AMOUNT MAY BE USED BY THE DEPARTMENT TO GIVE A REBATE FOR EXPENDITURES TO A MOTION PICTURE COMPANY THAT SPENDS AT LEAST ONE MILLION DOLLARS IN THE STATE; TO ALLOW UP TO SEVEN PERCENT OF THE GENERAL FUND PORTION OF ADMISSIONS TAX COLLECTED BY THE STATE AND FUNDED TO THE USE OF THE SOUTH CAROLINA FILM COMMISSION TO BE USED EXCLUSIVELY FOR MARKETING AND SPECIAL EVENTS, AND TO PROVIDE, FURTHER, THAT THE COMMISSION REPORT ANNUALLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT ON USE OF ALL ITS FUNDS IN A PUBLIC REPORT, ACCESSIBLE ON ITS WEBSITE; TO AMEND SECTION 12-36-920, AS AMENDED, RELATING TO SALES TAX ON GROSS PROCEEDS FROM RENTALS ON LODGINGS, SO AS TO DELETE A REBATE TO A MOTION PICTURE PRODUCTION COMPANY FOR SALES TAX PAID ON ACCOMMODATIONS; AND TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO DELETE A REFERENCE TO THE STATE DEVELOPMENT BOARD.
/s/ Thomas L. Moore /s/Shirley R. Hinson /s/ Robert W. Hayes, Jr . /s/ James G. McGee III /s/Thomas C. Alexander /s/ James A. Battle, Jr. On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
H. 3373 (Word version) -- Reps. W.D. Smith, Walker, Sinclair, Davenport, Littlejohn, Mahaffey and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 26, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 585 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
On motion of Senator RICHARDSON, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator RICHARDSON spoke on the report.
On motion of Senator RICHARDSON, with unanimous consent, Free Conference Powers were granted.
Whereupon, Senators RICHARDSON, RITCHIE and LOURIE were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
S. 615 (Word version) -- Senators Campsen, Cleary, Scott, McConnell, Cromer, Grooms, Richardson, Verdin, Sheheen, Bryant, Rankin, Ryberg, Alexander, Hawkins, Thomas, Hayes, Fair, Martin, Gregory and Elliott: A BILL TO AMEND TITLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 11, RELATING TO AGREEMENTS AND RELATIONS WITH THE UNITED STATES, SO AS TO PROVIDE THAT THE STATE OF SOUTH CAROLINA GRANTS ITS AUTHORITY DELEGATED BY THE UNITED STATES CONGRESS TO REGULATE CERTAIN GAMBLING VESSELS PURSUANT TO THE JOHNSON ACT OF 1992, AS AMENDED, 15 U.S.C. SECTIONS 1171 THROUGH 1177, TO COUNTY AND MUNICIPAL GOVERNMENTS, TO PROVIDE THAT COUNTY AND MUNICIPAL GOVERNMENTS MAY PROHIBIT OR REGULATE THE OPERATION OF GAMBLING VESSELS BY ORDINANCE WITHIN THE DELEGATED POWER PROVIDED, TO PROVIDE THAT A COUNTY AND MUNICIPALITY MAY ASSESS ONLY CIVIL PENALTIES FOR VIOLATIONS OF THIS SECTION, TO PROVIDE THAT CIVIL PENALTIES SHALL NOT EXCEED ONE HUNDRED DOLLARS PER PASSENGER WITHIN A TWENTY-FOUR-HOUR PERIOD, TO PROVIDE THAT THE ATTORNEY GENERAL ASSUMES THE RESPONSIBILITY FOR DEFENDING THE STATE, COUNTY, OR MUNICIPAL GOVERNMENT FROM CONSTITUTIONAL CHALLENGES OF THE PROVISIONS HEREIN, TO PROVIDE THAT PASSENGER CRUISE LINERS MEETING CERTAIN CRITERIA ARE EXEMPT FROM THE PROVISIONS HEREIN, AND TO PROVIDE THAT NOTHING IN THIS SECTION MUST BE CONSTRUED TO REPEAL OR MODIFY ANY OTHER PROVISION OF LAW RELATING TO GAMBLING.
Pursuant to the motion by Senator MARTIN under the provisions of Rule 32B, the Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator ELLIOTT spoke on the Bill.
Senator CAMPSEN explained the Bill.
Senator CLEARY spoke on the Bill.
Senator RITCHIE proposed the following Amendment No. P-4A (615R001.JHR), which was tabled:
Amend the committee report, as and if amended, by adding an appropriately numbered SECTIONS:
/ SECTION ___. Section 14-1-206(C)(7) is amended to read:
(7) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel, and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year;. The Attorney General may also use these funds for expenses incurred in defense of municipal and county ordinances pursuant to the mandate of Section 3-11-410;
SECTION ___. Section 14-1-207(C)(7) is amended to read:
(7) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year;. The Attorney General may also use these funds for expenses incurred in defense of municipal and county ordinances pursuant to the mandate of Section 3-11-410;
SECTION ___. Section 14-1-208(C)(8) is amended to read:
(8) .59 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, "complex criminal litigation" means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than one hundred thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution-related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a "first received, first paid" basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year;. The Attorney General may also use these funds for expenses incurred in defense of municipal and county ordinances pursuant to the mandate of Section 3-11-410; /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
Senator KNOTTS spoke on the amendment.
Senator RITCHIE asked unanimous consent to make a motion to withdraw the amendment.
Senator MALLOY objected.
Senator RITCHIE moved to lay the amendment on the table.
The amendment was laid on the table.
On motion of Senator KNOTTS, with unanimous consent, Amendment No. P-2 was taken up for immediate consideration.
Senators RITCHIE and KNOTTS proposed the following Amendment No. P-2 (JUD0615.020), which was adopted:
Amend the committee report, as and if amended, page [615-6], Section 3-11-410, by striking lines 31-38 in their entirety.
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
The amendment was adopted.
Senators CAMPSEN, McCONNELL, and ELLIOTT proposed the following Amendment No. P-5B (JUD0615.023), which was adopted:
Amend the committee report, as and if amended, Section 3-11-400(C), on page [615-5], by striking lines 15-42, and on page [615-6], by striking lines 1-30, and inserting:
/ (C)(1) For purposes of this section, 'gross proceeds' means the total amount wagered or otherwise paid, in cash or credit, by a passenger or user of a gambling device aboard a gambling vessel.
(2) If a county or municipality adopts an ordinance allowing a gambling vessel to operate, or if a gambling vessel other than a passenger cruise liner is permitted to operate because that gambling vessel, on each cruise, makes an intervening stop in another State, possession of the United States, or foreign country, the county or municipality may assess a surcharge of up to ten percent of each ticket sold per gambling cruise, and a surcharge of up to five percent of the gross proceeds of each gambling vessel.
(3)(a) If a county or municipality assesses the surcharges set forth in item (2), then the proceeds of the surcharges are to be paid to the county or municipality from which the gambling vessel originates its cruise. The county or municipality is responsible for setting forth the procedures by which the proceeds are paid to the county or the municipality.
(b) (i) Each gambling vessel must report to the Department of Revenue, on a monthly basis, the average daily percentage of winnings to losses for each gambling device used on a gambling vessel. The report must be delivered to the Department of Revenue on the twentieth day of the month for the preceding month, in a form and format determined by the department. If no gambling devices are used, the gambling vessel must report to the department that no gambling devices were used. The department must perform an annual audit of the gambling devices on the gambling vessels to verify the accuracy of the reports.
(ii) A gambling vessel that fails to deliver the report of winnings to losses to the department may be assessed a civil penalty up to the amount of one hundred dollars per day per gambling device for each day that the report is late.
(iii) The department must make this information available, on a quarterly basis, to the governing body of the county or municipality from which the gambling vessel originates and to the general public. In addition, quarterly reports must be submitted to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives.
(iv) The department is authorized to promulgate regulations to implement the provisions of this subsection. /
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the amendment.
Senator MALLOY moved to lay the amendment on the table.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
The Committee on Judiciary proposed the following amendment (JUD0615.008), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "Gambling Cruise Act". It is the intent of the General Assembly to delegate to counties and municipalities of this State the authority to prohibit or regulate the operation of gambling vessels that are engaged in voyages that depart from the territorial waters of the State, sail into United States or international waters, and return to the territorial waters of the State without an intervening stop, but to exempt from county or municipal regulation passenger cruise liners, as defined in Section 3-11-100(5), as contained in SECTION 2 of this act, because passenger cruise liners are vessels principally engaged in destination cruises and are not vessels used primarily for the operation of gambling. Furthermore, passenger cruise liners do not burden the public health or safety of the county or municipality because their voyages are infrequent, their cruises are not principally operated for the purpose of gambling, and their itineraries predominantly involve voyages that include one or more intervening stops.
SECTION 2. Title 3 of the 1976 Code is amended by adding:
Gambling Cruise Act
Section 3-11-100. For purposes of this chapter:
(1) 'Gambling vessel' means a boat, ship, casino boat, watercraft, or barge kept, operated, or maintained for the purpose of gambling, with one or more gaming establishments aboard, that carries or operates gambling devices for the use of its passengers or otherwise provides facilities for the purpose of gambling, whether within or without the jurisdiction of this State, and whether it is anchored, berthed, lying to, or navigating, and the sailing, voyaging, or cruising, or any segment of the sailing, voyaging, or cruising begins and ends within this State.
(2) 'Gambling' or 'gambling device' means any game of chance and includes, but is not limited to, slot machines, punchboards, video poker or blackjack machines, keeno, roulette, craps, or any other gaming table type gambling or poker, blackjack, or any other card gambling game.
(3) 'Intervening stop' occurs when a vessel departs the territorial waters of this State and sails into United States or international waters, and between the time the vessel departs the territorial waters of this State and the time it returns to the territorial waters of this State, the vessel docks at a port of call in another state, possession of the United States, or foreign country.
(4) 'Destination cruise' means a cruise in which a vessel makes one or more intervening stops.
(5) 'Passenger cruise liner' means a vessel that:
(a) has a draft that is equal to or larger than the controlled depth of the intercoastal waterway as determined by the United States Army Corps of Engineers;
(b) provides separate passenger cabins, including bathroom or head facilities, in a size reasonably suitable to accommodate living and sleeping space in a ratio of at least one cabin for every four passengers;
(c) contains kitchen or galley facilities and dining facilities reasonably suitable to offer and accommodate all of the vessel's passengers at seated meals in no more than two sittings for each of the meals at breakfast, lunch, and dinner times;
(d) offers other support facilities and services including, but not limited to, exercise facilities, gift shops, medical services, and musical programs;
(e) is principally engaged in entertaining and transporting passengers on destination cruises; and
(f) is certified or authorized by the United States Coast Guard or equivalent foreign authority to carry passengers for hire upon the open ocean without navigational limitations.
(6) 'Per passenger' means the number of passengers allowed on a vessel pursuant to its United States Coast Guard certificate of documentation or equivalent foreign documentation.
Section 3-11-200. (A) Except as provided for in subsection (B), the General Assembly delegates to a county for the unincorporated areas of a county, and to a municipality for the municipality, the authority conferred to this State by the United States Congress pursuant to the Johnson Act, as amended, 15 U.S.C. Sections 1171 through 1177. The authority delegated herein includes the power to regulate or prohibit gambling aboard gambling vessels while such vessels are outside the territorial waters of the State, when such vessels embark or disembark passengers within their respective jurisdictions for voyages that depart from the territorial waters of the State, sail into United States or international waters, and return to the territorial waters of the State without an intervening stop.
(B) The General Assembly specifically retains and does not delegate to a county or municipality the authority to regulate or prohibit gambling on passenger cruise liners, as defined in this chapter, which is conferred to this State by the United States Congress pursuant to the Johnson Act, as amended, 15 U.S.C. Sections 1171 through 1177.
(C) The authority delegated to a county or municipality under subsection (A) is delegated pursuant to Chapter 9 of Title 4 and Chapter 7 of Title 5, Code of Laws of South Carolina.
Section 3-11-210. A county or municipality adopting an ordinance regulating or prohibiting gambling vessels pursuant to Section 3-11-200 may assess only a civil penalty of not more than one hundred dollars per passenger for each violation, with an aggregate total in penalties not to exceed fifty thousand dollars per vessel for a twenty-four hour period. Additionally, a county or municipality may obtain injunctive relief against a person for violation of an ordinance regulating or prohibiting gambling vessels pursuant to Section 3-11-200.
Section 3-11-300. (A) The authority delegated to a county or municipality pursuant to this section is granted pursuant to Chapter 9 of Title 4 and Chapter 7 of Title 5, of the Code of Laws of South Carolina, 1976. This authority is separate from and in addition to the authority granted to a county or municipality pursuant to Sections 3-11-200 through 3-11-210, which authorize exercise of this state's Johnson Act authority pursuant to 15 U.S.C. Sections 1171 through 1177, except for passenger cruise liners.
(B) Except as provided for in subsection (C), the General Assembly delegates to a county for the unincorporated areas of a county, and to a municipality for the municipality, the authority to regulate or prohibit gambling aboard gambling vessels while such vessels are outside the territorial waters of the State, when such vessels embark or disembark passengers within their respective jurisdictions for voyages that depart from the territorial waters of the State, sail into United States or international waters, and return to the territorial waters of the State without an intervening stop.
(C) A county or municipality is prohibited from regulating or prohibiting gambling on passenger cruise liners, as defined in this chapter.
Section 3-11-310. A county or municipality adopting an ordinance regulating or prohibiting gambling vessels pursuant to Section 3-11-300 may assess only a civil penalty of not more than one hundred dollars per passenger for each violation, with an aggregate total in penalties not to exceed fifty thousand dollars per gambling vessel for a twenty-four hour period. Additionally, a county or municipality may obtain injunctive relief against a person for violation of an ordinance regulating or prohibiting gambling vessels pursuant to Section 3-11-300.
Section 3-11-320. Any county or municipal ordinance prohibiting or regulating gambling or gambling vessels pursuant to Sections 3-11-200 or 3-11-300 must not be construed to prohibit or regulate a passenger cruise liner from having gambling devices on board so long as there is no gambling allowed while the passenger cruise liner is within the territorial waters of the State.
Section 3-11-400. (A) This chapter does not apply to any gambling activity conducted on United States-flagged or foreign-flagged vessels during travel from a foreign nation or another state or possession of the United States up to the point of first entry into South Carolina waters or during travel to a foreign nation or another state or possession of the United States from the point of departure from South Carolina waters, provided that such vessels make intervening stops as defined in this chapter. Nothing herein precludes prosecution for any other offense that is unlawful.
(B) The provisions of this chapter must not be construed to:
(1) repeal or modify any other provision of law relating to gambling, or any existing county or municipal ordinance regulating or prohibiting gambling or gambling vessels;
(2) repeal or modify any law with regard to bingo or the operation of a device or machine pursuant to Section 12-21-2720(A)(3);
(3) allow or permit gambling aboard any vessel, gambling vessel, or passenger cruise liner within the territorial waters of the State;
(4) preclude prosecution for any other applicable gambling offense under state law; or
(5) preclude prosecution for violations of 15 U.S.C. Sections 1172, 1173, 1174, or 1175, to the extent not otherwise prohibited by provisions of the South Carolina Constitution.
(C)(1) For purposes of this section, 'gross proceeds' means the total amount wagered or otherwise paid, in cash or credit, by a passenger or user of a gambling device aboard a gambling vessel.
(2) If a county or municipality adopts an ordinance allowing a gambling vessel, or if a gambling vessel other than a passenger cruise liner is permitted to operate because that gambling vessel, on each cruise, makes an intervening stop in another State, possession of the United States, or foreign country, the county or municipality is authorized to assess a surcharge of no less than ten percent of each ticket sold per gambling cruise, and a surcharge of no less than five percent of the gross proceeds of each gambling vessel.
(3)(a) The proceeds of the surcharges set forth in item (2) must be paid to a county or municipality from which the gambling vessel originates its cruise. The proceeds must be paid on a monthly basis, with the surcharges due and payable on the fifteenth day of the month for the preceding month. If no surcharges are collected, the gambling vessel must report to the county or municipality that no surcharges were collected.
(b) In the case of a gambling vessel failing to pay the surcharges set forth in item (2), there must be added to the amount required to be paid, a civil penalty of five percent of the amount of the total surcharges owed, if the failure is for not more than one month, with an additional five percent for each additional month or fraction of the month during which the failure to pay continues, not exceeding twenty-five percent in the aggregate. Any gambling vessel liable for payment of the surcharges imposed by item (2) that willfully fails to report, pay, or truthfully account for the surcharges is subject to immediate closure of operation by the county or municipality.
(c)(i) Each gambling vessel must report to the Department of Revenue, on a monthly basis, the average daily percentage of winnings to losses for each gambling device used on a gambling vessel. The report must be delivered to the Department of Revenue on the twentieth day of the month for the preceding month, in a form and format determined by the department. If no gambling devices are used, the gambling vessel must report to the department that no gambling devices were used. The department must perform an annual audit of the gambling devices on the gambling vessels to verify the accuracy of the reports.
(ii) A gambling vessel that fails to deliver the report of winnings to losses to the department must be assessed a civil penalty in the amount of one hundred dollars per day per gambling device for each day that the report is late.
(iii) The department must make this information available, on a quarterly basis, to the governing body of the county or municipality from which the gambling vessel originates and to the general public. In addition, quarterly reports must be submitted to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives.
(iv) The department is authorized to promulgate regulations to implement the provisions of this subsection.
(d) Ten percent of the surcharges received must be allocated by the county or municipality to the Department of Revenue to assist in the costs incurred for the receipt of the information concerning the gambling devices on the gambling vessels, and the quarterly reports, as provided in subitem (c)(iii) of this subsection.
Section 3-11-410. The Attorney General is charged with the affirmative duty to:
(1) defend the State from constitutional challenges to the provisions of this chapter; and
(2) assist in a defense by the county or municipality enacting an ordinance regulating or prohibiting gambling vessels pursuant to Sections 3-11-200 or 3-11-300 from constitutional challenges to the provisions of this chapter.
Section 3-11-500. (A) A county or municipal ordinance prohibiting gambling vessels enacted before the effective date of this chapter, to the extent that it is consistent with the provisions of this chapter, remains in full force and effect after the effective date of this chapter, and is considered as promulgated pursuant to the powers and authority delegated to counties and municipalities by this chapter.
(B) A county or municipality, in order to prohibit gambling vessels in accordance with the provisions of this chapter, may, after the effective date of this chapter, enact an ordinance that substantially reads as follows:
(1) The governing body of ______________________, in accordance with Section 3-11-200 of the Code of Laws of South Carolina, 1976, as amended, exercises the authority conferred to the State of South Carolina by the United States Congress pursuant to the Johnson Act, as amended, 15 U.S.C. Sections 1171 through 1177, and hereby prohibits within its jurisdiction the docking and embarkation or disembarkation of passengers aboard gambling vessels, as defined in Section 3-11-100(1) of the 1976 Code, that provide gambling aboard voyages that depart from the jurisdiction of ______________, leave the territorial waters of the State of South Carolina, sail into United States or international waters, and return to the territorial waters of the State of South Carolina, without making an intervening stop, as defined in Section 3-11-100(3) of the 1976 Code. Nothing herein shall be construed to prohibit, regulate, or otherwise apply to passenger cruise liners, as defined by Section 3-11-100(5) of the 1976 Code, nor does this ordinance apply to vessels described in Section 3-11-400(A) of the 1976 Code.
(2) The governing body of _________________, in accordance with the authority delegated by Section 3-11-300 of the Code of Laws of South Carolina, 1976, as amended, hereby prohibits within its jurisdiction the docking and embarkation or disembarkation of passengers aboard gambling vessels, as defined in Section 3-11-100(1) of the 1976 Code, that provide gambling aboard voyages that depart from the jurisdiction of __________, leave the territorial waters of the State of South Carolina, sail into United States or international waters, and return to the territorial waters of the State of South Carolina without making an intervening stop, as defined in Section 3-11-100(3) of the 1976 Code. Nothing herein shall be construed to prohibit, regulate, or otherwise apply to passenger cruise liners, as defined by Section 3-11-100(5) of the 1976 Code, nor shall this ordinance apply to vessels described in Section 3-11-400(A) of the 1976 Code.
(3) Anyone violating this ordinance must be assessed a civil penalty of not more than one hundred dollars per passenger for each violation, with an aggregate total in penalties not to exceed fifty thousand dollars per gambling vessel for a twenty-four hour period. For the purposes of this ordinance, 'per passenger' is defined as the total number of passengers allowed on a vessel pursuant to its United Stated Coast Guard certificate of documentation or equivalent foreign documentation. In addition, violations of this ordinance are subject to injunctive relief.
(4) The exceptions for passenger cruise liners in this ordinance are so connected with the other sections of the ordinance that they are mutually dependent on each other as conditions and considerations for each other, so that the council would not have adopted this ordinance without them; therefore, should these exceptions be found unconstitutional or invalid, it is the intent of the council that the entire ordinance be found invalid.
(5) Except as provided for in subitem (4), if any other section, subsection, paragraph, item, subitem, subparagraph, sentence, clause, phrase, or word of this ordinance is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of the chapter, the council hereby declaring that it would have passed each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective."
SECTION 3. The exceptions for passenger cruise liners in this act are so connected with the other sections of the act that they are mutually dependent on each other as conditions and considerations for each other, so that the General Assembly would not have adopted this act without them; therefore, should these exceptions be found unconstitutional or invalid, it is the intent of the General Assembly that the entire act be found invalid.
SECTION 4. Except as provided for in SECTION 3, if any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of Chapter 11, Title 3 of the 1976 Code as added by this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of the chapter, the General Assembly hereby declaring that it would have passed each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 5. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
Senator KNOTTS proposed the following Amendment No. 1 (GJK\ 20466SD05), which was withdrawn:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited as the "Gambling Cruise Prohibition Act".
SECTION 2. It is the intent of the General Assembly in enacting this act to reenforce long-standing prohibitions on gambling by reiterating that the gambling offenses provided pursuant to the Constitution and laws of this State extend to any United States or foreign documented vessel in this State or to any United States or foreign documented vessel where voyages begin and end in the waters of this State, consistent with the standards specified in 15 U.S.C. 1175(b)(2)(A), commonly referred to as the Johnson Act Amendments of 1992. It is the purpose of this act clearly and unequivocally to prohibit gambling activities on so-called "cruises to nowhere" as provided in 15 U.S.C. 1175. The passage of this act should in no way be construed or interpreted to mean that existing laws prohibiting gambling in this State do not apply to the so-called "cruises to nowhere" described in this act.
SECTION 3. Chapter 19, Title 16 of the 1976 Code is amended by adding:
"Section 16-19-170. (A) As used in this section:
(1)(a) 'Vessel' means a boat, ship, casino boat, watercraft, or barge, of United States or foreign documentation, kept, operated, or maintained for the purpose of gambling, with one or more gaming establishments aboard, that carries or operates gambling devices for the use of its passengers or otherwise provides facilities for the purpose of gambling, whether within or without the jurisdiction of this State, and whether it is anchored, berthed, lying to, or navigating and the sailing, voyaging, or cruising, or any segment of the sailing, voyaging, or cruising begins and ends within this State.
(b) 'Vessel' includes a boat, ship, watercraft, or barge without gambling devices that transports persons to another vessel for the purpose of gambling if the transportation begins and ends in this State and neither the vessel providing such transportation nor the vessel on which the repair or use of any gambling device occurs makes an intervening stop within the boundaries of another state or possession of the United States or a foreign country.
(2) 'Gambling' or 'gambling device' means a game of chance and includes, but is not limited to, slot machines, punch boards, video poker or blackjack machines, keeno, roulette, craps, or any other gaming table type gambling or poker, blackjack, or any other card gambling game.
(3) For purposes of this section, an 'Intervening stop' occurs when a vessel departs the jurisdictional waters of this State and sails into United States or international waters on a voyage or segment of a voyage, and between the time the vessel departs the jurisdictional waters of this State and the time it returns to the jurisdictional waters of this State, each of the following occurs:
(a) a person repairs or uses any gambling device aboard the vessel; and
(b) the vessel docks at a port of call in another state or possession of the United States or foreign country and remains in that port for at least six hours so as to allow passengers the opportunity to disembark the vessel for sightseeing, shopping, or other tourism-related activities at that port.
(B) It is unlawful for a person to repair or use any gambling device on a vessel in this State.
(C)(1) It is unlawful for a person to repair or use any gambling device on a vessel that is on a voyage or segment of a voyage if:
(a) the voyage or segment begins and ends in this State; and
(b) during which the vessel does not make an intervening stop within the boundaries of another state or possession of the United States or a foreign country.
(2) It is unlawful for a person to operate a vessel as defined in subsection (A)(1)(b).
(D) A person who violates either subsection (B) or (C)(1) or (2) is guilty of a felony and, upon conviction, must be imprisoned for not more than five years or fined not more than twenty-five thousand dollars, or both, for each offense. Nothing in this section precludes prosecution for any other applicable gambling offense."
SECTION 4. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
Senator CAMPSEN moved to lay the amendment on the table.
On motion of Senator KNOTTS, with unanimous consent, Amendment No. 1 was withdrawn.
Senator KNOTTS proposed the following Amendment No. 2 (GJK\ 20467SD05), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
Amend the bill, as and if amended, in Chapter 11, Title 3 of the 1976 Code, as contained in SECTION 2, by adding Section 3-11-215 immediately after Section 3-11-210 which begins on line 31, page 615-3 to read:
/ Section 3-11-215. Prior to the governing body of a county or municipality adopting an ordinance authorizing and regulating gambling vessels in the manner provided by this chapter, the qualified electors of that jurisdiction must first approve of the authorization for and regulation of gambling vessels in their jurisdiction in a referendum called for this purpose by the county or municipal governing body./
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
Senator HAWKINS moved to lay the amendment on the table.
The amendment was laid on the table.
Senators HUTTO and MATTHEWS proposed the following Amendment No. 3 (GJK\20465SD05), which was ruled out of order: Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. (A) 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, upon approval of the governing body of Orangeburg County and the governing body of any municipality wherein the facility will be located in addition to all other requirements provided by 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 bingo games, player terminals, and central servers containing random number generators for remote player terminals."
(B) 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 South Carolina and approval of Sections 27-16-200 through 27-16-350 by the Congress.
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, 2005, 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, 2005.
(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 and of no effect upon the determination by the Lottery Commission of the applicant's suitability for a gaming employee license.
(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 required for similar administrative actions under the Administrative Procedures Act applicable to agencies of the State.
(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 and business references, criminal conviction record, business activities, financial affairs, prior gaming industry experience, and general education background; all of the foregoing as may be applicable to the applicant or the principal. Each completed gaming service registration application submitted to the Lottery Commission pursuant to the provisions of this section must be accompanied by the fingerprint cards and photographs of each principal of the applicant in the form required by the Lottery Commission. Promptly upon receipt of a completed registration application, the Lottery Commission shall forward a copy to the State Law Enforcement Division.
(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 standards for approval of registrations pursuant to this section more rigorously than those actually applied in the approval of similar licenses in gaming enterprises operated or regulated exclusively by the State; or
(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, 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.
(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 South Carolina law relating to the review of final administrative decisions subject to judicial review.
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 Commission requesting correction of such noncompliance, the United States District Court for the District of South Carolina shall have jurisdiction over any cause of action initiated by the Lottery Commission to enjoin a Class II gaming activity conducted in violation of this chapter. The Tribe hereby waives any defense which it may have by virtue of its sovereign immunity from suit with respect to any such action in the United States District Court for the District of South Carolina to enforce the provisions of this chapter and consents to the exercise of jurisdiction over the action and over the Tribe by the United States District Court for the District of South Carolina with respect to the actions to enforce the provisions of this chapter.
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."
(C) 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."
(D) 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."
(E) 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."
(F) 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 Gaming Operation of the obligation to pay ordinary and customary taxes as otherwise would be required of a similarly situated entity."
(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 under Rule 24 inasmuch as it was not germane to the Bill.
Senator HUTTO spoke on the Point of Order.
Senator MARTIN spoke on the Point of Order.
The ACTING PRESIDENT sustained the Point of Order.
Amendment No. 3 was ruled out of order.
At 4:50 P.M., Senator MARTIN moved under Rule 15A to vote on the entire matter of S. 615.
Senator HUTTO spoke on the Bill.
At 4:58 P.M., with Senator HUTTO retaining the floor, on motion of Senator MARTIN, with unanimous consent, the Senate receded from business not to exceed three minutes.
At 5:08 P.M., the Senate resumed.
On motion of Senator MARTIN, with unanimous consent, the motion under Rule 15A was withdrawn.
Senator KNOTTS proposed the following Amendment No. 5 (JUD0615.024), which was tabled:
Amend the bill, as and if amended, Section 3-11-200(B), on page [615-3], by striking lines 22-27 and inserting:
/ (B) The General Assembly specifically retains and does not delegate to a county or municipality the authority to regulate or prohibit gambling on passenger cruise liners, as defined in this chapter, which is conferred to this State by the United States Congress pursuant to the Johnson Act, as amended, 15 U.S.C. Sections 1171 through 1177. Further, the General Assembly does not delegate to a county or municipality the authority to prohibit the operation of gambling vessels that are operating in the county or municipality as of the effective date of this Act. /
Amend the bill further, as and if amended, Section 3-11-300(C), on page [615-4], by striking lines 15-17, and inserting:
/ (C) A county or municipality is prohibited from regulating or prohibiting gambling on passenger cruise liners, as defined in this chapter. Further, a county or municipality may not prohibit the operation of gambling vessels that are operating in the county or municipality as of the effective date of this Act. /
Amend the bill further, as and if amended, Section 3-11-320, on page [615-4], by striking lines 27-32, and inserting:
/ Section 3-11-320. Any county or municipal ordinance prohibiting or regulating gambling or gambling vessels pursuant to Sections 3-11-200 or 3-11-300 must not be construed to prohibit or regulate a passenger cruise liner or a gambling vessel in operation in the county or municipality as of the effective date of this Act from having gambling devices on board, so long as there is no gambling allowed while the passenger cruise liner is within the territorial waters of the State. /
Amend the bill further, as and if amended, Section 3-11-400(C), on page [615-5], by striking lines 15-42, and on page [615-6], by striking lines 1-30, and inserting:
/ (C)(1) For purposes of this section, 'gross proceeds' means the total amount wagered or otherwise paid, in cash or credit, by a passenger or user of a gambling device aboard a gambling vessel.
(2) If a county or municipality: (1) adopts an ordinance allowing a gambling vessel, (2) allows a gambling vessel other than a passenger cruise liner to operate because that gambling vessel, on each cruise, makes an intervening stop in another state, possession of the United States, or foreign country, or (3) allows the operation of a gambling vessel that is operating in the county or municipality as of the effective date of this Act, then the county or municipality may assess a surcharge of up to ten percent of each ticket sold per gambling cruise, and a surcharge of up to five percent of the gross proceeds of each gambling vessel.
(3)(a) If a county or municipality assesses the surcharges set forth in item (2), then the proceeds of the surcharges are to be paid to the county or municipality from which the gambling vessel originates its cruise. The county or municipality is responsible for setting forth the procedures by which the proceeds are paid to the county or the municipality.
(b)(i) Each gambling vessel must report to the Department of Revenue, on a monthly basis, the average daily percentage of winnings to losses for each gambling device used on a gambling vessel. The report must be delivered to the Department of Revenue on the twentieth day of the month for the preceding month, in a form and format determined by the department. If no gambling devices are used, the gambling vessel must report to the department that no gambling devices were used. The department must perform an annual audit of the gambling devices on the gambling vessels to verify the accuracy of the reports.
(ii) A gambling vessel that fails to deliver the report of winnings to losses to the department may be assessed a civil penalty up to the amount of one hundred dollars per day per gambling device for each day that the report is late.
(iii) The department must make this information available, on a quarterly basis, to the governing body of the county or municipality from which the gambling vessel originates and to the general public. In addition, quarterly reports must be submitted to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives.
(iv) The department is authorized to promulgate regulations to implement the provisions of this subsection. /
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
Senator HAWKINS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campsen Cleary Courson Cromer * Elliott Fair Grooms Hawkins Hayes Leatherman Lourie Martin Matthews McConnell McGill * Mescher Peeler Rankin Reese Richardson Ritchie Ryberg Scott Setzler Smith, J. Verne * Thomas Verdin Williams
Ford Hutto Knotts Leventis Malloy Patterson Short
The amendment was laid on the table.
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
Senator KNOTTS proposed the following amendment (JUD0615.025) which was tabled:
Amend the bill, as and if amended, SECTION 1, on page [615-1], by striking lines 32-42, and inserting:
/ waters of the State without an intervening stop. /
Amend the bill further, as and if amended, Section 3-11-100, on page [615-2] by striking lines 28-42, and on page [615-3] by striking lines 1-6, and inserting:
/ (5) 'Per passenger' means the number of passengers allowed/
Amend the bill further, as and if amended, Section 3-11-200, on page [615-3], by striking lines 22-28, and inserting:
/ (B) The authority delegated to a county or municipality under /
Amend the bill further, as and if amended, Section 3-11-300, on page [615-4], by striking line 5, and inserting:
/ through 1177. /
Amend the bill further, as and if amended, Section 3-11-300, on page [615-4], by striking lines 15-17.
Amend the bill further, as and if amended, Section 3-11-320, on page [615-4], by striking lines 27-32.
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
Senator HAWKINS moved to lay the amendment on the table.
The amendment was laid on the table.
Senator KNOTTS proposed the following Amendment No. 4 (615R002.JMK), which was tabled:
Amend the bill, as and if amended, Page 6, by striking SECTION 3 in its entirety and inserting:
/ SECTION 3. This act takes effect upon approval by the Governor, except that any local ordinance passed pursuant to this Act shall not apply to any gambling vessel in operation at the time of the effective date. /
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
Senator ELLIOTT moved to lay the amendment on the table.
The amendment was laid on the table.
The question then was the second reading of the Bill.
Senator MALLOY raised a Point of Order that the Bill was out of order inasmuch as it was violative of Article III, Section 15 of the S. C. Constitution, in that all revenue-raising measures must originate in the House of Representatives.
Senator LEATHERMAN spoke on the Point of Order.
Senator MARTIN spoke on the Point of Order.
Senator CAMPSEN spoke on the Point of Order.
Senator ELLIOTT spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator MALLOY spoke on the Bill.
With Senator MALLOY retaining the floor, on motion of Senator PEELER, with unanimous consent, debate was interrupted by adjournment.
Having received a favorable report from the Dorchester County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Mark A. Leiendecker, 610 North Cedar Street, Summerville, S.C. 29483 VICE Patrick J. Murphy
By prior motion of Senator PEELER, the Senate agreed to go into Executive Session.
On motion of Senator PEELER, the seal of secrecy was removed and the Senate reconvened.
On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Fred Wells of Sumter, S.C., beloved husband, father, grandfather and friend, who passed away on Sunday, April 24, 2005. Mr. Wells was a graduate of Clemson University (1940), and received a Master's Degree from the University of South Carolina (1952). He proudly served our country in World War II, retiring from the U.S. Army as a lieutenant colonel, and then retired from the U.S. Army Reserves after serving 20 years. Mr. Wells was a charter member of the Cooper River Fishing Club, the Millwood Club, American Legion Post 15 and various other civic organizations. He was a charter member of Alice Drive Baptist Church and later a faithful member of Sumter First Baptist Church. Fred will be deeply missed by all who knew and loved him, and our world is a better place because of his contributions and sacrifices.
At 6:00 P.M., on motion of Senator PEELER, the Senate adjourned to meet tomorrow at 10:00 A.M.
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