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 an uplifting word from Saint Paul to the faithful in Galatia, Galatians 16:9:

"And let us not grow weary while doing good, for in due season we shall reap if we do not lose heart."

Let us pray.

Father, You are the inspiration of our every good thought - every high resolution and every noble purpose.

We pray: "Come Holy Spirit, our souls inspire."
Amen!

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

The following appointments were transmitted by the Honorable Mark C. Sanford:

Initial Appointment, South Carolina State Board for Technical and Comprehensive Education, with term to commence July 1, 2004, and to expire July 1, 2010

At-Large:

Robert Barnett, Honeywell, Inc., 4401 Saint Andrews Road, Columbia, S.C. 29210 VICE Cathy Novinger

Referred to the Committee on Education.

Reappointment, South Carolina Commission for the Blind, with term to commence May 19, 2005, and to expire May 19, 2009

2nd Congressional District:

Dr. Julianne S. Kleckley, Eye Associates of Cayce/West Columbia, 600 Knox Abbott Dr., Cayce, S.C. 29033

Referred to the General Committee.

Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2005, and to expire June 30, 2009

5th Congressional District:

Karen Walto, 29040 Snapper Point, Tega Cay, S.C. 29708 VICE Carroll Huffman

Referred to the Committee on Juciciary.

Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 2005, and to expire June 30, 2009

4th Congressional District:

John Vaughn, Faith Baptist Church, 500 West Lee Road, Taylors, S.C. 29687 VICE Issac Dickson

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina State Board of Podiatry Examiners, with term to commence December 31, 2002, and to expire December 31, 2006

Upper District:

Brandon S. Percival, D. P. M., Post Office Box 325, Lancaster, S.C. 29721 VICE Bruce Wellmon

Referred to the Committee on Medical Affairs.

The following was received and referred to the appropriate committee for consideration:

Document No. 2975
Agency: Budget and Control Board
SUBJECT: South Carolina 211 Network Provider
Certification Requirements
Received by Lieutenant Governor May 3, 2005
Referred to Finance Committee
Legislative Review Expiration August 31, 2005
(Subject to Sine Die Revision)

Senator THOMAS introduced Dr. William B. Jones of Greenville, S.C., Doctor of the Day.

At 12:50 P.M., Senator CROMER requested a leave of absence from 1:00 - 1:45 P.M. today.

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.

On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 796.

S. 672 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS ON CERTAIN SALTWATER FISH, SO AS TO AUTHORIZE THE BOARD OF NATURAL RESOURCES TO ESTABLISH TAKE AND POSSESSION LIMITS AND SIZE LIMITS FOR ELEVEN SPECIFIC TYPES OR GROUPS OF SALTWATER FINFISH, TO PROVIDE FOR THE REVIEW, APPROVAL, NOTIFICATION, AND IMPLEMENTATION PROCEDURES IN REGARD TO THE ABOVE, TO PROVIDE THAT THESE PROCEDURES ARE IN LIEU OF THOSE FOR PROMULGATION OF REGULATIONS UNDER THE ADMINISTRATIVE PROCEDURES ACT, AND TO PROVIDE THAT THIS AUTHORITY IS GRANTED TO THE BOARD FOR A PERIOD OF FIVE YEARS ONLY; AND TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO SIZE LIMITS ON CERTAIN SALTWATER FISH, SO AS TO REVISE THE GAME FISH DESIGNATION FOR SALTWATER

On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was added as a co-sponsor of S. 672.

The following were introduced:

S. 809 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE LOWER RICHLAND HIGH SCHOOL BASKETBALL SENSATION MIKE JONES FOR HIS OUTSTANDING ACHIEVEMENTS AS A STAR ATHLETE FOR THE DIAMOND HORNETS AND FOR BEING NAMED SOUTH CAROLINA CLASS AAAA MEN'S HIGH SCHOOL BASKETBALL PLAYER OF THE YEAR FOR THE SECOND CONSECUTIVE YEAR BY THE STATE NEWSPAPER.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 810 (Word version) -- Senators Martin, J. Verne Smith, Leventis, Hawkins, Fair and Anderson: A BILL TO AMEND SECTION 47-3-750 OF THE 1976 CODE, RELATING TO THE SEIZURE AND IMPOUNDMENT OF A DANGEROUS ANIMAL, TO PROVIDE THAT ANY DANGEROUS ANIMAL THAT ATTACKS A HUMAN BEING OR DOMESTIC ANIMAL MUST BE SEIZED AND IMPOUNDED WHILE ANY PROCEEDING PURSUANT TO THIS ARTICLE IS PENDING.
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Senators MARTIN and J. VERNE SMITH spoke on the Bill.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 811 (Word version) -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF CARMEN WILKERSON ANDERSON OF EDGEFIELD AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.

S. 812 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO CONGRATULATE ROSEMARY MOORE OF SPARTANBURG UPON THE OCCASION OF HER RETIREMENT AS DIRECTOR OF OAKBROOK PREPARATORY SCHOOL AFTER THIRTEEN YEARS OF DEDICATED SERVICE AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL OF HER FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 813 (Word version) -- Senators Hawkins and Martin: A BILL TO AMEND SECTION 56-5-750 OF THE 1976 CODE RELATED TO THE FAILURE TO STOP A MOTOR VEHICLE WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE, TO ESTABLISH THAT ANY OFFENSE IS A FELONY, AND TO PROVIDE APPROPRIATE PENALTIES.
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Read the first time and referred to the Committee on Judiciary.

S. 814 (Word version) -- Senators Land and Hutto: A BILL TO AMEND SECTION 12-6-3365, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEN-YEAR CORPORATE INCOME TAX MORATORIUM ALLOWED FOR CREATING AND MAINTAINING AT LEAST ONE HUNDRED FULL-TIME NEW JOBS IN COUNTIES THAT MEET CERTAIN UNEMPLOYMENT OR PER CAPITA INCOME REQUIREMENTS, SO AS TO EXTEND THE MORATORIUM TO A TAXPAYER OTHERWISE ELIGIBLE FOR THE MORATORIUM BUT FOR THE REQUIREMENT THAT AT LEAST NINETY PERCENT OF THE TAXPAYER'S TOTAL INVESTMENT IN THIS STATE MUST BE IN THE MORATORIUM COUNTY AND ALLOW THE MORATORIUM WHEN THAT TAXPAYER CREATES AT LEAST ONE HUNDRED NEW JOBS AND INVESTS AT LEAST ONE HUNDRED FIFTY MILLION

Senator LAND spoke on the Bill.

Read the first time and, on motion of Senator LAND, with unanimous consent, S. 814 was ordered placed on the Calendar without reference.

On motion of Senator LAND, with unanimous consent, S. 814 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 815 -- No Introduction

S. 816 (Word version) -- Senator Knotts: A SENATE RESOLUTION HONORING DEBORAH SMITH HOFFMAN ON THE OCCASION OF HER RECOGNITION BY THE SOUTH CAROLINA ARTS COMMISSION AND THE GOVERNOR OF THE STATE OF SOUTH CAROLINA FOR HER ACHIEVEMENTS AND CONTRIBUTIONS IN THE AREA OF ARTS IN EDUCATION AS A ELIZABETH O'NEILL VERNER/GOVERNOR'S AWARD WINNER FOR 2005.
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The Senate Resolution was adopted.

S. 817 (Word version) -- Senators Malloy, Short, Patterson, Ford, Jackson, McConnell, Williams, Elliott, Lourie, Martin, Matthews, Richardson and Courson: A CONCURRENT RESOLUTION TO INVITE THE HONORABLE ERNEST F. "FRITZ" HOLLINGS, DISTINGUISHED

Senator MALLOY spoke on the Resolution.

On motion of Senator MALLOY, with unanimous consent, the Concurrent Resolution was adopted and sent to the House.

S. 818 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 44-113-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN THE PROVIDER SELF-REFERRAL ACT, INCLUDING THE DEFINITION OF "INVESTMENT INTEREST" USED IN THE PROVIDER SELF-REFERRAL ACT AND EXEMPTIONS FROM THIS DEFINITION, SO AS TO CLARIFY THAT THE EXEMPTION FOR AN INVESTMENT INTEREST IN AN ENTITY IN RURAL AREAS MUST ONLY PROVIDE SEVENTY-FIVE PERCENT OR MORE OF THE DESIGNATED HEALTH SERVICES, RATHER THAN ALL OF THESE SERVICES.
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Read the first time and referred to the Committee on Medical Affairs.

S. 819 (Word version) -- Senators Leatherman and Williams: A SENATE RESOLUTION TO COMMEND ROCHE FOR ITS MANY CONTRIBUTIONS IN IMPROVING THE QUALITY OF LIFE FOR PEOPLE IN SOUTH CAROLINA AND THROUGHOUT THE WORLD, AND TO CONGRATULATE THE COMPANY ON ITS 100TH ANNIVERSARY OF OPERATING IN THE UNITED STATES.
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The Senate Resolution was adopted.

H. 3141 (Word version) -- Reps. Scarborough, Duncan, M. A. Pitts, Umphlett, R. Brown, Whipper, Loftis and Battle: A BILL TO AMEND SECTION 1-23-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGENCY PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO INCLUDE CERTAIN REQUIREMENTS PROVIDED FOR ELSEWHERE IN

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

H. 3235 (Word version) -- Reps. Witherspoon, R. Brown, Clark, Bowers and Mahaffey: A BILL TO AMEND SECTION 49-23-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DROUGHT RESPONSE AND CURTAILMENT OF NONESSENTIAL WATER USE DURING SEVERE OR EXTREME DROUGHT, SO AS TO PROVIDE THAT CERTAIN AGRICULTURAL PURPOSES ARE ALSO CONSIDERED AN ESSENTIAL WATER USE AND ARE EXEMPT FROM THIS MANDATORY CURTAILMENT OF NONESSENTIAL WATER USES.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 3328 (Word version) -- Reps. Brady, Ceips, Cobb-Hunter, Funderburk, Haley, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Neilson, Parks, Young and Clark: A BILL TO AMEND SECTION 23-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF THE SEX OFFENDER REGISTRY BY THE STATE LAW ENFORCEMENT DIVISION (SLED), SO AS TO PROVIDE THAT SLED SHALL INCLUDE AND CROSS-REFERENCE ALIAS NAMES IN THE REGISTRY; TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO PERSONS WHO MUST BE REFERRED TO AS SEX OFFENDERS, SO AS TO PROVIDE THAT A SEX OFFENDER WHOSE NAME IS CONTAINED ON THE SEX OFFENDER REGISTRY, AND WHO HAS BEEN GRANTED A PARDON, MUST REMAIN ON THE REGISTRY AND MUST REGISTER ANNUALLY; TO AMEND SECTION 23-3-440, AS AMENDED, RELATING TO THE NOTIFICATION A SHERIFF MUST RECEIVE FROM CERTAIN CORRECTIONAL AGENCIES REGARDING THE RELEASE OF A SEX OFFENDER, SO AS TO PROVIDE THAT AN OFFENDER'S PHOTOGRAPH MUST BE PROVIDED TO SLED BEFORE HE IS RELEASED; TO AMEND SECTION 23-3-450, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER WITH THE SHERIFF OF THE COUNTY IN WHICH HE RESIDES, SO AS TO PROVIDE THAT THE OFFENDER ALSO MUST REGISTER WITH THE SHERIFF OF THE COUNTY WHERE HE OWNS REAL PROPERTY; AND TO AMEND SECTION 23-3-460, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER ANNUALLY FOR LIFE, SO AS TO PROVIDE THAT A REGISTERED SEX OFFENDER WHO ACQUIRES REAL PROPERTY WITHIN THIS STATE MUST PROVIDE NOTICE OF THE ADDRESS TO THE SHERIFF IN THE COUNTY WHERE THE REAL PROPERTY IS LOCATED, AND TO PROVIDE THAT A PERSON WHO IS REQUIRED TO REGISTER AS A SEX OFFENDER WHO MOVES TO THIS STATE, ACQUIRES REAL PROPERTY IN THIS STATE, AND IS NOT UNDER THE JURISDICTION OF CERTAIN CORRECTIONAL AGENCIES, MUST REGISTER WITHIN TEN DAYS OF ACQUIRING PROPERTY WITHIN THIS STATE.

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

H. 3340 (Word version) -- Reps. Scott, Govan and Ott: A JOINT RESOLUTION TO PROVIDE THAT EACH PUBLIC INSTITUTION OF HIGHER LEARNING SHALL DEVELOP AN ENERGY SAVINGS PLAN WHICH OVER A FIVE-YEAR PERIOD WILL REALIZE SAVINGS FROM ENERGY MANAGEMENT IMPROVEMENTS MORE THAN THE COST OF THE FUNDS EXPENDED TO MAKE THE IMPROVEMENTS AND TO PROVIDE FOR EXEMPTIONS FROM THE ABOVE PROVISIONS FOR INSTITUTIONS WHICH HAVE ALREADY IMPLEMENTED A COMPARABLE ENERGY SAVINGS PLAN.

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

H. 3383 (Word version) -- Reps. Loftis, Cato, Leach, Frye, Barfield, Hosey, J. R. Smith and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, TITLE 40 SO AS TO ENACT THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, INCLUDING PROVISIONS TO LICENSE AND REGULATE THE FIRE SPRINKLER SYSTEMS INDUSTRY, AND AMONG OTHER THINGS, TO ESTABLISH LICENSURE AND LICENSURE RENEWAL REQUIREMENTS AND FEES, TO PROVIDE GROUNDS FOR MISCONDUCT AND SANCTIONS FOR MISCONDUCT, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF FIRE SPRINKLER CONTRACTORS AND FIRE SPRINKLER SYSTEMS.

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

H. 3479 (Word version) -- Rep. Davenport: A BILL TO AMEND CHAPTER 87, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR ISSUANCE OF ASBESTOS ABATEMENT LICENSES, SO AS TO REVISE THE DEFINITION OF "ASBESTOS ABATEMENT ENTITY" AND "ASBESTOS PROJECT"; TO DELETE PROVISIONS ESTABLISHING LICENSURE FEES AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH SUCH FEES IN REGULATION SUFFICIENT TO COVER REASONABLE COSTS OF ADMINISTERING THE ASBESTOS PROGRAM AND TO DEFINE "COSTS"; AND TO INCREASE THE MAXIMUM CIVIL PENALTY FOR VIOLATIONS FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.

Read the first time and referred to the Committee on Medical Affairs.

H. 3588 (Word version) -- Reps. Whipper, Sinclair, J. H. Neal, Brady, Barfield, Weeks, Hosey, Govan, Lucas, Harrison, Anderson, Bowers, Breeland, Hamilton, Haskins, Hayes, M. Hines, Littlejohn, Mahaffey, Phillips, Pinson, W. D. Smith, Taylor, Walker, Bailey and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2006, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2005; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.

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

H. 3613 (Word version) -- Reps. Kirsh, Sandifer, Clemmons and Duncan: A BILL TO AMEND CHAPTER 3, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO ENACT THE "COMMON SENSE CONSUMPTION ACT", TO DEFINE THE TERMS "PARTY" AND "LONG-TERM CONSUMPTION", AND TO PROVIDE THAT A MANUFACTURER, PACKER, DISTRIBUTOR, CARRIER, HOLDER, MARKETER, SELLER, OR AN ASSOCIATION OF ONE OR MORE OF THESE ENTITIES IS NOT SUBJECT TO CIVIL LIABILITY IN AN ACTION BASED ON A PERSON'S PURCHASE OR CONSUMPTION OF FOOD OR NONALCOHOLIC BEVERAGES WHEN LIABILITY IS BASED ON WEIGHT GAIN, OBESITY, OR A HEALTH CONDITION ASSOCIATED WITH WEIGHT GAIN OR OBESITY RESULTING FROM THE PERSON'S LONG-TERM CONSUMPTION OF FOOD OR NONALCOHOLIC BEVERAGES.

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

H. 3615 (Word version) -- Reps. Dantzler, Frye, Scarborough, Bailey, Hinson, Jefferson, Perry, Rhoad and Mahaffey: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF

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

H. 3638 (Word version) -- Reps. Cotty, Edge, Clemmons, Barfield, Altman, Bales, Battle, Bingham, J. Brown, Ceips, Chellis, Clark, Cobb-Hunter, Cooper, Delleney, Govan, Hagood, Hardwick, Hayes, Huggins, Leach, Limehouse, Martin, Miller, J. H. Neal, Pinson, E. H. Pitts, M. A. Pitts, Rivers, Scarborough, Sinclair, Skelton, F. N. Smith, G. R. Smith, Toole, Townsend, Vick, Whipper, Whitmire, Witherspoon, Scott and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1635 SO AS TO PROVIDE THAT ALCOHOLIC LIQUOR SOLD BY THE DRINK MUST BE PURCHASED ONLY FROM SPECIFICALLY LICENSED PERSONS; BY ADDING SECTION 61-6-1636 SO AS TO PROVIDE THAT CLASS A FEDERALLY LICENSED DISTRIBUTORS AND CLASS B LIQUOR STORES MAY DELIVER ALCOHOLIC LIQUORS ONLY TO ESTABLISHMENTS LICENSED FOR ON-PREMISES CONSUMPTION AND TO PROVIDE AN EXCEPTION; BY ADDING SECTION 61-6-1637 SO AS TO PROHIBIT A PERSON OR HIS AGENT LICENSED UNDER ARTICLE 5, CHAPTER 6, TITLE 61 FROM SUBSTITUTING ANOTHER BRAND OF ALCOHOLIC LIQUOR IN PLACE OF THE BRAND SPECIFIED BY THE CUSTOMER, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A PENALTY; BY ADDING 61-6-1638 SO AS TO REQUIRE ALL BILLS OR INVOICES FOR DELIVERIES OF ALCOHOLIC LIQUORS TO RETAIL

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

H. 3700 (Word version) -- Reps. Clemmons and Harrison: A BILL TO AMEND SECTION 15-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS WHICH MUST BE TRIED WHERE THE SUBJECT MATTER IS SITUATED, SO AS TO ADD THAT ALL MATTERS BETWEEN LANDLORD AND TENANT MUST BE TRIED WHERE THE SUBJECT MATTER OR SOME PART OF THE PROPERTY IS SITUATED.

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

H. 3724 (Word version) -- Reps. Funderburk, G. M. Smith, Lucas, Ott, Bales, Cobb-Hunter, Frye, Hardwick, Harvin, McLeod, J. H. Neal, Weeks, Herbkersman, Neilson and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 31-7-25 AND 31-7-130 SO AS TO PROVIDE ADDITIONAL FINDINGS OF THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY AVAILABLE FOR REDEVELOPMENT FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT DO NOT RELIEVE A GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE FROM THE LIMITATIONS IMPOSED ON THOSE SERVICES BY LAW; TO AMEND SECTION 31-7-20, RELATING TO EXISTING FINDINGS FOR PURPOSES OF THE ACT, SO AS TO EXTEND EXISTING FINDINGS WITH RESPECT TO THE ACT; TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE ACT, SO AS TO REVISE APPLICABLE DEFINITIONS TO EXTEND THE APPLICATION OF THE ACT TO MORE RURAL AREAS AND ADD ADDITIONAL ELEMENTS TO DEVELOPMENT PROJECTS NECESSARY TO ASSIST SUCH RURAL AREAS; TO AMEND SECTION 31-7-80, RELATING TO

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

H. 3726 (Word version) -- Reps. Ott, Clark, J. E. Smith, McGee, Witherspoon, Branham, Cobb-Hunter, Duncan, Hayes, Lucas, M. A. Pitts, Taylor and R. Brown: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR THE REGULATION, REGISTRATION, AND TITLING OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON UNDER SIXTEEN MUST COMPLETE A DRIVING SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.

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

H. 3819 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 1-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ELIGIBLE TO PARTICIPATE IN STATE INSURANCE PLANS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER EMPLOYED BY AN ENTITY WHOSE EMPLOYEES ARE ELIGIBLE FOR STATE INSURANCE PLANS WHO IS PERMANENTLY DISABLED IN THE LINE OF DUTY AND WHOSE EMPLOYMENT IS TERMINATED AS A RESULT OF THE DISABILITY IS ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS AND STATE-PAID PREMIUMS.

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

H. 3827 (Word version) -- Reps. Loftis, Edge, R. Brown, Frye, Sandifer, W. D. Smith, Vick, Witherspoon, Davenport, Perry, Mahaffey, Miller and Clemmons: A BILL TO AMEND SECTION 48-39-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PERMIT OR DENY ALTERATION OR UTILIZATION WITHIN AREAS DESIGNATED AS CRITICAL AREAS, SO AS TO DELETE CERTAIN PROVISIONS REQUIRED TO BE STATED ON A SURVEY DELINEATING COASTAL WATERS OR TIDELANDS; TO DELETE A REFERENCE TO CRITICAL AREA LINES AFFECTING SUBDIVIDED RESIDENTIAL LOTS WITH REGARD TO THE THREE YEAR EXPIRATION OF CRITICAL AREA LINES; TO DELETE THE ERODING COASTAL STREAM BANK EXCEPTION TO THE THREE YEAR EXPIRATION OF CRITICAL AREA LINES; AND TO PROVIDE THAT A CRITICAL AREA DELINEATION INCORPORATED OR REFERENCED IN A PERMIT IS VALID FOR THE TERM OF THE PERMIT.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 3840 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-295 SO AS TO PROVIDE THAT NO COMMUNICATIONS SERVICE PROVIDER OR PARENT, SUBSIDIARY, OR AFFILIATE OF SUCH A PROVIDER MAY ENTER INTO ANY CONTRACT OR AGREEMENT THAT REQUIRES ANOTHER PERSON TO RESTRICT OR LIMIT THE ABILITY OF ANY OTHER COMMUNICATIONS SERVICE PROVIDER FROM OBTAINING EASEMENTS OR RIGHTS-OF-WAY FOR THE INSTALLATION OF FACILITIES OR EQUIPMENT TO PROVIDE COMMUNICATIONS SERVICES IN THIS STATE OR OTHERWISE DENY OR RESTRICT ACCESS TO THE REAL PROPERTY BY ANY OTHER COMMUNICATIONS SERVICE PROVIDER; OR OFFERS OR GRANTS INCENTIVES OR REWARDS TO AN OWNER OF REAL PROPERTY OR THE OWNER'S AGENT THAT ARE CONTINGENT UPON THE PROVISION OF COMMUNICATIONS SERVICE ON THE PREMISES BY A SINGLE COMMUNICATIONS SERVICE

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

H. 3853 (Word version) -- Reps. Huggins and E. H. Pitts: A BILL TO AMEND SECTION 40-57-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE AS A REAL ESTATE BROKER, SALESPERSON, OR PROPERTY MANAGER SO AS TO PROVIDE FOR CRIMINAL RECORD REPORTS AND SATISFACTORY EVIDENCE THAT THE APPLICANT IS OF GOOD MORAL CHARACTER.

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

H. 3883 (Word version) -- Reps. Duncan, Cato, Scarborough, Tripp, Mahaffey and Thompson: A BILL TO AMEND SECTION 40-29-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANUFACTURED HOUSING LICENSE, SO AS TO EXEMPT FROM THIS LICENSING REQUIREMENT A LICENSED REAL ESTATE SALESMAN OR LICENSED REAL ESTATE BROKER WHO NEGOTIATES OR ATTEMPTS TO NEGOTIATE THE SALE OR OTHER DISPOSITION OF A USED MANUFACTURED OR MOBILE HOME IN CONJUNCTION WITH THE SALE OR OTHER DISPOSITION OF THE UNDERLYING REAL ESTATE.

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

H. 3897 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2957, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3906 (Word version) -- Reps. Harrell, Bales and Neilson: A BILL TO AMEND SECTION 59-104-20, CODE OF LAWS OF SOUTH CAROLINA,

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

H. 3963 (Word version) -- Reps. Bowers and R. Brown: A BILL TO DESIGNATE THE PORTION OF UNITED STATES HIGHWAY 17 LOCATED IN COLLETON COUNTY AS ACE BASIN SCENIC PARKWAY.

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

H. 3997 (Word version) -- Reps. McLeod and Duncan: 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.

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

H. 3999 (Word version) -- Reps. Clemmons, Barfield, Edge, Hardwick, Witherspoon, Viers, Miller and Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION NAME THE INTRACOASTAL WATERWAY BRIDGE ON ROBERT GRISSOM PARKWAY IN HORRY COUNTY THE "ZEB M. THOMAS, SR., BRIDGE" IN HONOR OF ZEB M. THOMAS, SR., OF MYRTLE BEACH FOR HIS OUTSTANDING CONTRIBUTIONS TO HIS COMMUNITY AND THE STATE.

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 4020 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION TO CONGRATULATE THE BENEDICT COLLEGE GOLF TEAM AND COACH HERMAN D. BELTON FOR CAPTURING THE DIVISION II TITLE AT THE NATIONAL MINORITY COLLEGE GOLF CHAMPIONSHIP.

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

H. 4025 (Word version) -- Reps. Duncan, M. A. Pitts and Taylor: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE NORMAN M. SCARBOROUGH, PROFESSOR AT PRESBYTERIAN COLLEGE IN CLINTON FOR HIS INVALUABLE CONTRIBUTIONS TO THE BUSINESS COMMUNITY AND FOR BEING NAMED PRESBYTERIAN COLLEGE'S 2005 PROFESSOR OF THE YEAR.

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

H. 4026 (Word version) -- Reps. Clark and Toole: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. LISA SWICK OF CHAPIN FOR HER SELECTION AS "MRS. SOUTH CAROLINA AMERICA 2004" DURING THE LEGISLATIVE INTERIM AND TO COMMEND HER FOR THE MANNER IN WHICH SHE HAS REPRESENTED SOUTH CAROLINA AND PROMOTED FAMILY VALUES DURING HER REIGN.

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

Columbia, S.C., April 28, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. G. M. Smith, Merrill and Jennings to the Committee of Conference on the part of the House on:

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

Received as information.

S. 212 (Word version) -- Senators McGill, Grooms, Ford, McConnell, Land, Leatherman, Moore, Reese, Drummond, Elliott, Peeler, O'Dell, Fair, Malloy, Leventis, Verdin, Jackson, Short, Patterson, Richardson, Gregory, Courson, Hayes, Ryberg, Anderson, Setzler, Alexander, Sheheen, Hawkins, J. Verne Smith, Cromer, Martin, Mescher, Knotts, Hutto, Thomas, Matthews, Rankin and Campsen: A BILL TO AMEND SECTION 50-11-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING WILD TURKEY, SO AS TO MAKE IT UNLAWFUL TO TAKE OR ATTEMPT TO TAKE A WILD TURKEY FROM A WATERCRAFT ON THE WATERS OF THE STATE.

On motion of Senator GREGORY, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator GREGORY spoke on the report.

On motion of Senator GREGORY, with unanimous consent, Free Conference Powers were granted.

Whereupon, Senators GREGORY, McGILL and HUTTO were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

S. 425 (Word version) -- Senators Sheheen and Malloy: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THOMPSON CREEK ALONG SOUTH CAROLINA HIGHWAY 9 IN THE TOWN OF CHESTERFIELD THE "HOOVER FAY BELL BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "HOOVER FAY BELL BRIDGE".

Returned with concurrence.

Received as information.

S. 696 (Word version) -- Senators Sheheen, Elliott, Lourie, Malloy, McConnell, Moore, Thomas, Land, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Leatherman, Leventis, Martin, Matthews, McGill, Mescher, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Short, J. Verne Smith, Verdin and Williams: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE AT THE AMTRAK STATION ON U.S. HIGHWAY 1 IN FRONT OF THE AMERICAN LEGION BUILDING IN CAMDEN THE "DONALD HARRY HOLLAND BRIDGE" IN HONOR OF THE LATE SENATOR DONALD HOLLAND OF KERSHAW.

Returned with concurrence.

Received as information.

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.

Returned with concurrence.

Received as information.

S. 812 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO CONGRATULATE ROSEMARY MOORE OF SPARTANBURG UPON THE OCCASION OF HER RETIREMENT AS DIRECTOR OF OAKBROOK PREPARATORY SCHOOL AFTER THIRTEEN

Returned with concurrence.

Received as information.

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

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 808 (Word version) -- Senators Patterson, Courson, Lourie and Jackson: A BILL TO DEVOLVE THE AUTHORITY TO APPOINT THE MEMBERS OF THE RICHLAND COUNTY RECREATION COMMISSION FROM THE RICHLAND COUNTY LEGISLATIVE DELEGATION TO THE GOVERNING BODY OF RICHLAND COUNTY.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

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.

Having voted on the prevailing side, Senator RICHARDSON moved to reconsider the vote whereby the Bill failed to receive second reading.

The motion was adopted.

Senator McCONNELL desired to be recorded as voting against the motion to reconsider.

Senator RICHARDSON asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Bill was read the second time, passed and ordered to a third reading.

Senators McCONNELL and RYBERG desired to be recorded as voting against the second reading of the Bill.

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

S. 581 (Word version) -- Senator Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 41 SO AS TO ENACT THE "BOILER SAFETY ACT" TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROMULGATE REGULATIONS FOR THE SAFE INSTALLATION, MAINTENANCE, AND REPAIR OF BOILERS IN THIS STATE, INCLUDING STANDARDS FOR NEW CONSTRUCTION AND FOR BOILERS IN USE; TO EXEMPT CERTAIN BOILERS FROM REGULATION UNDER THIS CHAPTER; TO IDENTIFY STANDARDS FOR WORKING PRESSURE OF A BOILER; TO AUTHORIZE THE APPOINTMENT OF A CHIEF BOILER INSPECTOR, FOR THE PURPOSE OF ENFORCING THE LAWS OF THIS STATE REGULATING THE USE OF BOILERS; TO PROVIDE CERTIFICATION REQUIREMENTS FOR SPECIAL INSPECTORS FOR COMPANIES INSURING BOILERS IN THIS STATE; TO PROVIDE BOILER INSPECTION TIMEFRAMES, CRITERIA, AND REPORTING REQUIREMENTS; TO PROVIDE PENALTIES; AND TO PROHIBIT A COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION FROM ENACTING ORDINANCES REGULATING

Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.

Senator LOURIE proposed the following amendment (S-581), which was adopted:

Amend the bill, as and if amended, page 4, by striking lines 27-30 and inserting:

/   (3)   boilers in the care, custody, and control of research facilities and used solely for research purposes which require one or more details of non-code construction or which involve destruction or reduced life expectancy of those vessels so long as a timely inspection report is filed pursuant to Section 41-14-120;     /

Amend further, page 4, by striking lines 40-42 and inserting:

/   (7)   boilers operated and maintained by a public utility or the Public Service Authority including, but not limited to, boilers operated and maintained for the production of electricity so long as a timely inspection report is filed pursuant to Section 41-14-120.   /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House with amendments.

S. 418 (Word version) -- Senators Hayes and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 54 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE ARTS AWARENESS SPECIAL LICENSE PLATES.

The House returned the Bill with amendments.

On motion of Senator RYBERG, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

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.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senator FORD spoke on the Bill.

With Senator FORD retaining the floor, Senator MALLOY, with unanimous consent, rose for an Expression of Personal Interest.

With Senator FORD retaining the floor, Senator LEATHERMAN, with unanimous consent, rose for an Expression of Personal Interest.

At 1:20 P.M., with Senator FORD retaining the floor, on motion of Senator MALLOY, with unanimous consent, the Senate receded from business not to exceed five minutes.

At 1:25 P.M., the Senate resumed.

Senator FORD spoke on the Bill.

Senator MARTIN asked unanimous consent to take up Amendment No. 7 for immediate consideration.

There was no objection.

Senator HUTTO proposed the following Amendment No. 7 (GJK\ 20483SD05), which was ruled out of order:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION   1.   (A)   Chapter 3 of Title 11 of the 1976 Code may be cited as the "Gaming Regulation Act of 2005". 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), 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

(B)   It is the further purpose of the General Assembly to delegate to the governing body of a county and municipality where certain bingo facilities will be located the right to approve or disapprove these activities in their jurisdictions.

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

SECTION   2.   Title 3 of the 1976 Code is amended by adding:

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, keno, 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 3-11-150.   (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 3-11-200.   A county or municipality adopting an ordinance regulating or prohibiting gambling vessels pursuant to Section 3-11-150 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 3-11-150.

Section 3-11-250.   (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 3-11-150 through 3-11-200, 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 3-11-300.   A county or municipality adopting an ordinance regulating or prohibiting gambling vessels pursuant to Section 3-11-250 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 3-11-250.

Section 3-11-350.   Any county or municipal ordinance prohibiting or regulating gambling or gambling vessels pursuant to Section 3-11-150 or 3-11-250 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,

(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)   except as otherwise provided in Sections 3-11-500 through 3-11-650, 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 does not adopt an ordinance prohibiting a gambling vessel from operating, 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

(ii)   A gambling vessel that fails to deliver the report of winnings and 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.

Section 3-11-500.   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 Sections 3-11-500 through Section 3-11-650, 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

Section 3-11-510.   As used in Sections 3-11-500 through 3-11-650:

(1)   'Class II gaming' shall have the meaning set forth in Section 3-11-500.

(2)   'Electronic, computer, or other technologic aids' shall have the meaning set forth in Section 3-11-500.

(3)   'Electronic bingo games' shall have the meaning set forth in Section 3-11-500.

(4)   'Electronic pull-tab dispensers' shall have the meaning set forth in Section 3-11-500.

(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 3-11-500, 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 3-11-520.   (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 3-11-500 through 3-11-650 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 3-11-500 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 3-11-530.   (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 3-11-500.

(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 3-11-540.   (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 3-11-550.   (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

(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 3-11-500 through 3-11-650 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

(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

(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 3-11-580.

(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 3-11-500 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,

(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 3-11-560.   (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 3-11-570.   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 3-11-580.   (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 3-11-550.

(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 3-11-500 through 3-11-650, 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 3-11-590.   (A)   The Gaming Operation shall prepare a plan for the protection of public safety and the physical security of

(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

Section 3-11-600.   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 3-11-610.   (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 3-11-620.   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 3-11-630.   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 3-11-640.   The State of South Carolina and the Tribe waive sovereign immunity and Eleventh Amendment immunity to a lawsuit

Section 3-11-650.   Nothing in this chapter may be deemed to expand or contract the rights, obligations, and responsibilities of the South Carolina Education Lottery.

Section 3-11-700.   (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 3-11-150 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 3-11-250 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

(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.   (A)   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 by law is not eligible for funds under the State General Obligation Economic Development Bond Act."

(B)   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 as provided by law shall comply with all applicable reporting and withholding requirements of the Internal

(C)   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 by law is not eligible for the jobs tax credit under the Enterprise Zone Act of 1995."

(D)   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 as provided by law except for charges expressly authorized pursuant to law. However, nothing in Chapter 16 of Title 27 or Chapter 3 of Title 11 shall relieve the Gaming Operation of the obligation to pay ordinary and customary taxes as otherwise would be required of a similarly situated entity."

(E)   Subsection (G) of Section 27-16-110 of the 1976 Code is deleted.

SECTION   4.   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 except for provisions relating to bingo.

SECTION   5.   Except as provided above, 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   6.   Chapter 3 of Title 11 of the 1976 Code takes effect upon approval by the Governor, except that Sections 3-11-500 through 3-11-650 take effect upon approval by the Governor, approval of

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator MARTIN raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A.

Senator HUTTO spoke on the Point of Order.

Senator CAMPSEN spoke on the Point of Order.

Senator MATTHEWS spoke on the Point of Order.

Senator MARTIN spoke on the Point of Order.

Senator MALLOY spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Amendment No. 7 was ruled out of order.

The question then was the second reading of the Bill.

Senator FORD spoke on the Bill.

At 2:05 P.M., on motion of Senator FORD, the Senate receded from business not to exceed two minutes.

At 2:10 P.M., the Senate resumed.

Senator FORD resumed speaking on the Bill.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

At 2:27 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:45 A.M.

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