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Printed Page 2330, Apr. 17
| Printed Page 2350, Apr. 17
| The following Bill was taken up.
H. 4586 -- Rep. Kelley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-375 SO AS TO ESTABLISH A SEPARATE GRIEVANCE PROCEDURE FOR DEPARTMENT OF TRANSPORTATION EMPLOYEES EXEMPTED FROM THE GENERAL STATE EMPLOYEES GRIEVANCE PROCESS; BY ADDING SECTION 57-1-360 SO AS TO DIRECT THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION TO FOSTER THE CREATION OF PRIVATE/PUBLIC PARTNERSHIPS AND TO REQUIRE ANNUAL PROGRAM REPORTS; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO STATE EMPLOYEES EXEMPT FROM THE EMPLOYEE GRIEVANCE PROCESS, SO AS TO EXEMPT VARIOUS CATEGORIES OF DEPARTMENT OF TRANSPORTATION EMPLOYEES; AND TO AMEND SECTION 57-3-20, AS AMENDED, RELATING TO DIVISION DEPUTY DIRECTORS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO REQUIRE A FUTURE APPOINTEE TO THE POSITION OF DIVISION DEPUTY FOR CONSTRUCTION,
Rep. WRIGHT proposed the following Amendment No. 2 (Doc Name P:\amend\JIC\5803HTC.96).
Amend the bill, as and if amended, Section 8-17-370, as contained in SECTION 3, page 2, by striking lines 31 and 32, and inserting:
/engineers, or both;
(iii) transportation planners as classified by the State Budget and Control Board; and
(iv) all resident maintenance engineers and all resident construction engineers not otherwise exempted by this item./
Amend title to conform.
Rep. WRIGHT explained the amendment.
Rep. KELLY spoke in favor of the amendment.
Reps. L. WHIPPER, SCOTT and NEAL spoke against the amendment.
The SPEAKER granted Rep. FLEMING a leave of absence for the remainder of the day.
Rep. NEAL continued speaking.
Rep. QUINN moved to commit the Bill to the Judiciary Committee.
Rep. STILLE moved to table the motion.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Fleming Fulmer Gamble Harrell Haskins Hutson Jaskwhich Jennings Keegan Kelley Klauber Lanford Law Limbaugh Limehouse Littlejohn
Loftis Marchbanks Martin McKay Meacham Rice Richardson Robinson Sandifer Sharpe Simrill Smith, D. Stille Thomas Townsend Tripp Trotter Vaughn Walker Whatley Wilkins Witherspoon Wofford Worley Young-Brickell
Those who voted in the negative are:
Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Cave Clyburn Cobb-Hunter Cromer Delleney Govan Hallman Harris, J. Harrison Harvin Hines, J. Hines, M. Hodges Howard Inabinett Kinon Kirsh Koon Lee Lloyd Mason McAbee McCraw McMahand McTeer Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Riser Rogers Scott Seithel Sheheen Shissias Smith, R. Stoddard Stuart Tucker Waldrop Whipper, L. Whipper, S. White Wilder Wilkes Williams Wright Young
So, the House refused to table the motion to commit.
The question then recurred to the motion to commit the Bill to the Judiciary Committee.
Those who voted in the affirmative are:
Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Carnell Cave Clyburn Cobb-Hunter Cromer Davenport Delleney Govan Hallman Harris, J. Harrison Harvin Hines, J. Hines, M. Hodges Howard Inabinett Jennings Keyserling Kinon Kirsh Koon Lee Lloyd Martin McCraw McMahand McTeer Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Riser Rogers Scott Seithel Sharpe Sheheen Shissias Smith, R. Stoddard Stuart Tucker Waldrop Whipper, L. Whipper, S. White Wilder Wilkes Williams Wright Young
Those who voted in the negative are:
Allison Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Easterday Gamble Harrell Haskins Hutson Jaskwhich Keegan Kelley Klauber Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McKay Meacham Rice Richardson Robinson Sandifer Simrill Smith, D.
Stille Thomas Townsend Tripp Trotter Vaughn Walker Whatley Wilkins Witherspoon Wofford Worley Young-Brickell
So, the motion to commit was agreed to.
The following Bill was taken up.
H. 3812 -- Reps. Limbaugh, Tripp, Mason, McElveen, Herdklotz, Knotts, Cain, Dantzler, J. Young, R. Smith, Martin, Wilkins, Hallman, Whatley, Law, Felder, Rice, Sandifer, A. Young, Wofford, Simrill, Allison, Harrell, Keegan, Fair, Cotty, Cooper, Easterday, Quinn, Wells, Kelley, Shissias, Limehouse, Fulmer, Seithel, Huff, Fair, Cotty, Harrison, Walker, D. Smith, Robinson, Fleming, Hutson, Witherspoon, Riser, Davenport, Vaughn, Cato, Wright, Littlejohn, Klauber, Lanford, J. Harris, Sharpe and Haskins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.
The motion of Rep. EASTERDAY to reconsider the vote whereby Amendment No. 2 was adopted was taken up.
Rep. LIMBAUGH spoke in favor of the motion to reconsider.
Rep. COBB-HUNTER moved to table the motion to reconsider, and demanded the yeas and nays, which were taken resulting as follows:
Anderson Bailey Baxley Breeland Brown, G. Brown, J. Brown, T. Cave Clyburn Cobb-Hunter Govan Harvin Hines, J. Hines, M. Howard Inabinett Jennings Keyserling Lee Lloyd McMahand McTeer Moody-Lawrence Neal Scott Sheheen Tucker Whipper, L. Whipper, S. White Wilkes Williams
Those who voted in the negative are:
Allison Askins Boan Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Gamble Hallman Harrell Harris, J. Harrison Haskins Hutson Jaskwhich Keegan Kelley Kirsh Klauber Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McKay Meacham Quinn Rhoad Rice Riser Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Whatley Wilder Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
The question then recurred to the motion to reconsider, which was agreed to.
Rep. L. WHIPPER spoke in favor of the amendment.
Rep. LIMBAUGH moved to adjourn debate upon the Joint Resolution until Thursday, April 18, which was adopted.
The following Joint Resolution was taken up.
H. 3021 -- Reps. Scott, Kelley and Lloyd: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Rep. CROMER proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3631SD.96), which was adopted.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. It is proposed that Section 7, Article XVII of the Constitution of this State be amended to read:
"Section 7. Except when conducted by the State, no lottery shall ever be is allowed or may be advertised by newspapers, or otherwise, or its tickets be sold in this State. Only the State may conduct lotteries as provided for by the General Assembly. The revenues from the state lottery must be paid into a state lottery fund to be invested by the State Treasurer with interest earned remaining a part of the fund. No more than fifteen percent of the revenues each year may be used for operational expenses of the state lottery, and fifty percent of the revenues must be expended in prizes. The remaining revenues each year must be used to provide scholarships to in-state residents to attend post-secondary institutions in this State in the manner the General Assembly shall provide by law but to include at a minimum the requirement that the student achieve at least a `B' average in high school and achieve a score set by law on a college scholastic aptitude test or achievement test.
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article XVII of the Constitution of this State be amended so as to authorize lotteries to be conducted only by the State as provided for by the General Assembly with the revenues each year used to provide scholarships to in-state residents to attend post-secondary institutions in this State in the manner the General Assembly shall provide by law but to include at a minimum the requirement that the student achieve at least a `B' average in high school and achieve a score set by law on a college scholastic aptitude test or achievement test?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."/
Amend title to conform.
Rep. CROMER explained the amendment.
Rep. COOPER moved to table the amendment, which was not agreed to by a division vote of 38 to 38.
The amendment was then adopted by a division vote of 51 to 47.
Rep. McMAHAND spoke against the Joint Resolution.
On motion of Rep. ANDERSON, with unanimous consent, Rep. McMAHAND's remarks were ordered printed in the Journal as follows:
I have discovered that gambling has far-reaching consequences that are detrimental to our society. It costs us much more than we gain. Gamblers use money that would be spent on other things in the local economy, often taking food and clothing from families. The loss of money to gambling is often made up through street crime and white collar
Gambling is an addictive activity that causes disharmony in families, poor job performance, and tremendous costs in rehabilitation. Money generated by the lottery often replaces legislative appropriations instead of supplementing them, and this creates a dependence on an unreliable source of funds. The lottery simply amounts to a regressive tax because poor people gamble a disproportionate share of income, and this situation impacts an already over-burdened welfare system. Jobs that are created by the gambling industry are mostly for minimal skills and pay.
The cost to our integrity is great. Gambling sends the message that we can get something for nothing; this message is counterproductive for a culture that believes in work and responsibility. The idea that one can be rescued from undesirable circumstances by winning money instead of taking responsibility for positive change goes hand-in-hand with addictive behavior. The gambler is buying hope for a charmed life. Society hopes to finance the public good without having to think about taxes. With gambling we risk fraud, scandals, organized crime and market saturation which dries up profits. Many people would argue that lotteries and gambling provide harmless entertainment. They would also say that the activities provide funds for revenue-starved governments through a "voluntary tax"--no play, no pay. Yet many around the Evangelical Church in America suggest gambling is bad for society.
A gambler's success is based on the expectation of other's failures. For one to win, millions of others must lose. The appeal is greed and coveting others' possessions. We distinguish gambling from the risk of starting a business or making an investment. In those situations, no one has to lose for a person to win. In fact, if one succeeds, others succeed also.
State government plays a large role in sanitizing gambling. Millions of dollars are spent to entice citizens to engage in an activity that is not in their interest. The State's proper role is regulation, but when it has a stake in the gambling industry, the regulatory role is compromised. States use advertising to deceive their own citizens. Slick, aggressive ad campaigns are used to prey on the weakest members of society.
Lotteries are an unfair way for governments to raise revenue. They are a form of "regressive tax." The poor and working class spend a much higher percentage of their income on the games than upper and middle classes. People attempt to buy a dream. There is a loss of hope in American society.
Undeniably, gambling creates thousands of new jobs and millions of dollars of easy revenue for state and local governments. However, most
Gambling also has a tendency to "cannibalize" other businesses. The $100 spent gambling will not be spent in local restaurants, movie theaters, or clothing stores.
Lotteries rode a wave of popularity twice before in US history--during the Revolutionary War and in the decades before the Civil War. Fraud, scandals, and saturation of the market ended both waves. There were so many lotteries in some areas that none could make a profit.
The gambling issue is complicated, but we must answer the simple question: Who are the real winners and losers?
Individuals and government may receive short-term benefits from casinos and state-sponsored gambling, but the odds are against long-term benefits.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Breeland Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Felder Fulmer Gamble Govan Hallman Harrell Harrison Hines, J. Howard Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Knotts Lanford Law Lee Limehouse Littlejohn Lloyd Martin Mason McAbee McCraw Phillips Quinn Rhoad Richardson Riser Rogers Scott Seithel Sheheen Shissias Smith, D. Smith, R. Stoddard Stuart Thomas Tucker Vaughn Walker Whatley Whipper, S. White Wilder
Wilkes Williams Wofford Worley Wright Young-Brickell
Those who voted in the negative are:
Anderson Boan Brown, G. Brown, H. Cain Carnell Cato Cooper Davenport Delleney Easterday Harvin Haskins Hines, M. Hodges Kirsh Klauber Koon Limbaugh Loftis Marchbanks McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Rice Robinson Sandifer Simrill Stille Townsend Tripp Trotter Waldrop Whipper, L. Wilkins Witherspoon Young
So, having failed to receive the necessary vote, the Joint Resolution was ordered to third reading.
Printed Page 2330, Apr. 17
| Printed Page 2350, Apr. 17
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