South Carolina General Assembly
119th Session, 2011-2012
Journal of the Senate

Tuesday, February 1, 2011
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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:

The Psalmist tells us:

"How good and pleasant it is when brothers live together in unity." (Psalm 133:1)

Let us pray:

Holy God, how unsettling it is that unrest in far-flung places is once again reality, not only in Tunisia, in Afghanistan, and in Pakistan. Now, also, our sisters and brothers in Egypt are caught up in turmoil. Dear Lord, by Your grace continue to bind us together in unity here in South Carolina, to Your glory. Protect our women and men in the Armed Forces as they defend freedom and bring hope anew to many around the globe. And bless each of these Senators as they honorably serve the people of our State. In Your name we pray, dear Lord. Amen.

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

MESSAGE FROM THE GOVERNOR

The following appointment was transmitted by the Honorable Nikki Randhawa Haley:

Statewide Appointment

Initial Appointment, South Carolina State Board of Pharmacy, with the term to commence June 30, 2010, and to expire June 30, 2016
3rd Congressional District:

Robert C. Hubbard III, 115 Lewis Road, Clemson, SC 29631 VICE W. Allan Toole

Referred to the Committee on Medical Affairs.

Doctor of the Day

Senator LARRY MARTIN introduced Dr. Robert Waters of Easley, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator COURSON, at 12:05 P.M., Senator HAYES was granted a leave of absence for the balance of the day.

Leave of Absence

On motion of Senator LARRY MARTIN, at 12:05 P.M., Senator ALEXANDER was granted a leave of absence until 1:30 P.M. today.

Leave of Absence

On motion of Senator LOURIE, at 12:05 P.M., Senator JACKSON was granted a leave of absence for today.

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 172 (Word version)     Sens. Bright, Bryant
S. 277 (Word version)     Sen. Bright
S. 421 (Word version)     Sen. Elliott
S. 431 (Word version)     Sen. Elliott

CO-SPONSOR REMOVED

The following co-sponsor was removed from the respective Bill:
S. 157 (Word version)     Sen. Rose
S. 226 (Word version)     Sen. Verdin

Privilege of the Floor

On motion of Senators PEELER, SHOOPMAN, BRIGHT and BRYANT, the Privilege of the Floor was extended to Congressman MICK MULVANEY, former Senator, and to extend the Senate's best wishes and congratulations on his elevation to the U. S. House of Representatives.

Privilege of the Chamber

On motion of Senator LEATHERMAN, Mr. Frank W. Fusco, Executive Director of the Budget and Control Board, and Mr. William E. "Eddie" Gunn, Chief of Staff of the Budget and Control Board, were granted the Privilege of the Chamber, to that area behind the rail, upon the occasion of their respective retirements and to thank and commend them on their many years of dedicated service to the State of South Carolina.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 480 (Word version) -- Senator Fair: A SENATE RESOLUTION TO HONOR AND RECOGNIZE BATTALION CHIEF CLEVELAND PAUL BOWEN UPON HIS RETIREMENT FROM THE TAYLORS FIRE DEPARTMENT AND TO WISH HIM THE BEST IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 481 (Word version) -- Senator Ryberg: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND THE AIKEN HIGH SCHOOL VARSITY VOLLEYBALL TEAM FOR ITS IMPRESSIVE WIN OF THE DIVISION IV AAAA 2010 STATE CHAMPIONSHIP TITLE, AND TO HONOR THE PLAYERS AND COACHES ON AN OUTSTANDING SEASON.
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The Senate Resolution was adopted.

S. 482 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR FRANK "RABBIT" JOHNSON, UPON THE OCCASION OF HIS INDUCTION INTO THE PIEDMONT ATHLETIC ASSOCIATION'S HALL OF FAME.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 483 (Word version) -- Senators McConnell and L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SECTION 58-9-10, RELATING TO DEFINITIONS CONCERNING TELEPHONE COMPANIES, SO AS TO MODIFY THE DEFINITION OF "BROADBAND SERVICE"; TO RETITLE ARTICLE 23, CHAPTER 9, TITLE 58, RELATING TO GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS AS "GOVERNMENT-OWNED COMMUNICATIONS SERVICE PROVIDERS"; TO AMEND SECTION 58-9-2600, RELATING TO THE PURPOSE OF ARTICLE 23, CHAPTER 9, TITLE 58, SO AS TO MAKE CONFORMING CHANGES AND CLARIFY THE SCOPE OF THE ARTICLE; TO AMEND SECTION 58-9-2610, RELATING TO DEFINITIONS CONCERNING GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS, SO AS TO MAKE CONFORMING CHANGES AND ADD CERTAIN DEFINITIONS; TO AMEND SECTION 58-9-2620, RELATING TO DUTIES, RESTRICTIONS, RATE COMPUTATIONS, AND ACCOUNTING REQUIREMENTS OF A GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDER, SO AS TO MAKE CONFORMING CHANGES, TO GIVE THE OFFICE OF REGULATORY STAFF JURISDICTION TO INVESTIGATE THE COMPLIANCE OF A GOVERNMENT-OWNED COMMUNICATIONS PROVIDER WITH THE PROVISIONS OF THIS CHAPTER, TO PROVIDE THE COMMISSION MAY ENFORCE THE COMPLIANCE OF A GOVERNMENT-OWNED COMMUNICATIONS SERVICE PROVIDER WITH THE PROVISIONS OF THIS CHAPTER, AND TO CLARIFY THAT THIS SECTION DOES NOT EXPAND OR LIMIT THE JURISDICTION OF THE COMMISSION OR OFFICE OF REGULATORY STAFF WITH RESPECT TO ANY SERVICE PROVIDER OTHER THAN A GOVERNMENT-OWNED COMMUNICATIONS SERVICE PROVIDER; TO AMEND SECTION 58-9-2630, RELATING TO CERTAIN TAX COLLECTIONS AND PAYMENTS, SO AS TO MAKE CONFORMING CHANGES; TO AMEND SECTION 58-9-2650, RELATING TO LIABILITY INSURANCE RATES FOR COMMUNICATIONS OPERATIONS, SO AS TO MAKE CONFORMING CHANGES; AND TO ADD SECTION 58-9-2660, SO AS TO PROVIDE A GOVERNMENT-OWNED COMMUNICATIONS SERVICE PROVIDER MAY PETITION THE PUBLIC SERVICE COMMISSION TO DESIGNATE ONE OR MORE AREAS AS AN UNSERVED AREA, TO SPECIFY THE PROCEDURE FOR MAKING AND PROTESTING THIS PETITION, TO PROVIDE FOR A HEARING OF A PROTEST TO A PETITION, TO PROVIDE FOR THE APPLICATION OF CERTAIN PROVISIONS OF LAW TO AN UNSERVED AREA, AND TO PROVIDE A PROCESS FOR PETITIONING FOR A DETERMINATION THAT AN AREA HAS CEASED TO BE AN UNSERVED AREA.
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Read the first time and referred to the Committee on Judiciary.

S. 484 (Word version) -- Senators Scott, Courson, Lourie and Jackson: A SENATE RESOLUTION TO CONGRATULATE THE HONORABLE SAMUEL PEAY, RICHLAND COUNTY MAGISTRATE, UPON THE OCCASION OF HIS RETIREMENT, TO COMMEND HIM FOR HIS MORE THAN FORTY-FIVE YEARS OF DEDICATED SERVICE TO THE PEOPLE OF SOUTH CAROLINA, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 485 (Word version) -- Senators Knotts, Bright, Campbell, McConnell, L. Martin and Leatherman: A BILL TO AMEND SECTION 47-3-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIABILITY OF THE OWNER OR A PERSON HAVING A DOG IN HIS CARE WHEN THE DOG ATTACKS A PERSON, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN TRAINED POLICE DOGS.
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Senator KNOTTS spoke on the Bill.

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

S. 486 (Word version) -- Senator Fair: A SENATE RESOLUTION TO HONOR AND RECOGNIZE THE CHILDREN'S TRUST OF SOUTH CAROLINA UPON BEING NAMED A SEMIFINALIST IN LODESTAR FOUNDATION'S 2011 COLLABORATION PRIZE.
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The Senate Resolution was adopted.

S. 487 (Word version) -- Senator Fair: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE LIFE OF KENDRA GADDIE WITH THE PASSAGE OF ACT 292, ALSO KNOWN AS "KENDRA'S LAW".
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The Senate Resolution was adopted.

S. 488 (Word version) -- Senators Thomas, Verdin, Shoopman, Fair and Anderson: A SENATE RESOLUTION TO RECOGNIZE AND HONOR C. THOMAS WYCHE OF GREENVILLE, DISTINGUISHED ATTORNEY, CIVIC LEADER, AND ENVIRONMENTALIST, FOR HIS TIRELESS WORK SPANNING MORE THAN FORTY YEARS TO CONSERVE THE NATURAL BEAUTY OF THE LANDS AND WATERS OF SOUTH CAROLINA.
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The Senate Resolution was adopted.

H. 3451 (Word version) -- Reps. Delleney, Clemmons and Mack: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, FEBRUARY 2, 2011, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2011; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2011; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2012, AND THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2018; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT AT LARGE, SEAT 9, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2015; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2016.

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

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

READ THE SECOND TIME

S. 213 (Word version) -- Senators McConnell and Campsen: A BILL TO DIRECT THE SOUTH CAROLINA CODE COMMISSIONER TO INCLUDE BEGINNING WITH THE 2011 CUMULATIVE SUPPLEMENT TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976, CERTAIN REPORTER'S COMMENTS IN REGARD TO VARIOUS PROVISIONS OF THE SOUTH CAROLINA PROBATE CODE IN TITLE 62, AMENDED BY ACT 244 OF 2010.

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

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 35; Nays 0

AYES

Anderson                  Bryant                    Campbell
Campsen                   Cleary                    Courson
Elliott                   Fair                      Grooms
Hutto                     Knotts                    Land
Leatherman                Leventis                  Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    Matthews                  McConnell
McGill                    Nicholson                 O'Dell
Peeler                    Pinckney                  Rose
Ryberg                    Scott                     Setzler
Sheheen                   Shoopman                  Thomas
Verdin                    Williams

Total--35

NAYS

Total--0

The Bill was read the second time and ordered placed on the Third Reading Calendar.

Statement by Senator ALEXANDER

Having been detained in the district, I missed the roll call vote on S. 213 today. Given the chance, I would have voted in favor of its second reading.

COMMITTEE AMENDMENT ADOPTED, CARRIED OVER

S. 172 (Word version) -- Senators Rose, Fair, Leatherman, Bright and Bryant: A BILL TO AMEND ARTICLE 2, CHAPTER 101, TITLE 59 OF THE 1976 CODE, RELATING TO PUBLIC INSTITUTIONS OF HIGHER LEARNING, BY ADDING SECTION 59-101-670 TO PROVIDE THAT EACH PUBLIC INSTITUTION OF HIGHER LEARNING MUST MAINTAIN A DETAILED TRANSACTION REGISTER OF ALL FUNDS EXPENDED EACH MONTH AND POST THAT REGISTER ONLINE, AND TO PROVIDE THAT EACH PUBLIC INSTITUTION OF HIGHER LEARNING MUST POST ONLINE ALL OF ITS CREDIT CARD STATEMENTS AND THE CREDIT CARD STATEMENTS FOR CREDIT CARDS ISSUED TO PUBLIC OFFICIALS AND EMPLOYEES FOR PUBLIC USE; AND TO AMEND ARTICLE 15, CHAPTER 1, TITLE 1, RELATING TO REPORTING OF EXPENDITURES OF STATE APPROPRIATED FUNDS BY STATE AGENCIES, PERSONAL DATA AND THE LIKE, BY ADDING SECTION 1-1-1040 TO PROVIDE THAT ALL STATE AGENCIES MUST HAVE A LINK ON THEIR INTERNET WEBSITE TO THE STATE AGENCY RESPONSIBLE FOR POSTING ON ITS INTERNET WEBSITE THE AGENCY'S, DEPARTMENT'S, OR INSTITUTION'S MONTHLY STATE PROCUREMENT CARD STATEMENTS OR MONTHLY REPORTS CONTAINING ALL OR SUBSTANTIALLY ALL THE SAME INFORMATION CONTAINED IN THE MONTHLY STATE PROCUREMENT CARD STATEMENTS.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.

The Committee on Education proposed the following amendment (172R010.JEC), which was adopted:

Amend the bill, as and if amended, page 2, by striking lines 3-40 and inserting:

/   complete record of all funds expended, from whatever source for whatever purpose. The register must be prominently posted on the institution's Internet website and made available for public viewing and downloading.

(1)(a)   The register must include for each expenditure:

(i)     the transaction amount;

(ii)   the name of the payee;

(iii)   the identification number of the transaction; and

(iv)   a description of the expenditure, including the source of funds, a category title, and an object title for the expenditure.

(b)   The register must include all reimbursements for expenses, but must not include an entry for salary, wages, or other compensation paid to individual employees.

(c)   The register must not include a social security number.

(d)   The register must be accompanied by a complete explanation of any codes or acronyms used to identify a payee or an expenditure.

(e)   At the option of the public institution, the register may exclude any information that can be used to identify an individual employee or student.

(f)   This section does not require the posting of any information that is not required to be disclosed under Chapter 4, Title 30.

(2)   The register must be searchable and updated at least once a month. Each monthly register must be maintained on the Internet website for at least three years.

(B)   Each public institution of higher learning shall be responsible for providing on its Internet website a link to the Internet website of any agency, other than the individual institution, that posts on its Internet website the institution's monthly state procurement card statements or monthly reports containing all or substantially all of the same information contained in the monthly state procurement card statements. The link must be to the specific webpage or section on the website of the agency where the state procurement card information for the institution can be found. The information posted may not contain the state procurement card number.

(C)   Any information that is expressly prohibited from public disclosure by federal or state law or regulation must be redacted from any posting required by this section.

(D)   In the event any public institution of higher learning has a question or issue relating to technical aspects of complying with the requirements of this section or the disclosure of public information under this section, it shall consult with the Comptroller General's Office, which may provide guidance to the public institution."     /

Amend the bill further, as and if amended, page 3, by striking line 18 and inserting:

/   SECTION   3.   This act takes effect upon approval by the Governor, and public institutions of higher learning to which this act applies shall have one year from the effective date of this act to comply with its requirements.       /

Renumber sections to conform.

Amend title to conform.

Senator ROSE explained the committee amendment.

The committee amendment was adopted.

On motion of Senator SHEHEEN, the Bill was carried over, as amended.

CARRIED OVER

S. 91 (Word version) -- Senator Ryberg: A BILL TO AMEND CHAPTER 150, TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION LOTTERY TICKET SALES, BY ADDING SECTION 59-150-155 TO PROVIDE THAT A PERSON WHO CURRENTLY HOLDS A RETAIL LOTTERY TICKET SALES LICENSE MAY BE GRANTED A TEMPORARY LICENSE FOR RETAIL LOTTERY TICKET SALES IF HE ACQUIRES ANOTHER RETAIL BUSINESS WHICH SELLS LOTTERY TICKETS, TO PROVIDE THE LENGTH OF TIME A TEMPORARY LICENSE IS VALID, AND TO PROVIDE THE FEE FOR A TEMPORARY LICENSE.

Senator COURSON explained the Bill.

On motion of Senator SHEHEEN, the Bill was carried over.

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

MOTION ADOPTED

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet on Wednesday, February 2, 2011, at 11:45 A.M. for the purposes of attending the Joint Assembly, and, at the conclusion of the Joint Assembly, the Senate will stand in recess until 2:00 P.M.

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

AMENDED
AMENDMENT PROPOSED, DEBATE INTERRUPTED

S. 255 (Word version) -- Senators Cleary, McConnell, Hutto, Rose and Ford: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57, SO AS TO AUTHORIZE QUALIFIED RELIGIOUS, CHARITABLE, EDUCATIONAL, AND OTHER ELEEMOSYNARY ORGANIZATIONS TO OPERATE AND CONDUCT RAFFLES AND CASINO NIGHT CHARITY GAMES THROUGH REGISTRATION WITH THE SOUTH CAROLINA SECRETARY OF STATE, TO PROVIDE STANDARDS FOR THESE EVENTS; TO REQUIRE PROCEEDS TO BE USED FOR RELIGIOUS, CHARITABLE, EDUCATIONAL, OR OTHER ELEEMOSYNARY PURPOSES; AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

Amendment No. 2

Senator THOMAS proposed the following amendment (DKA\3201SD11):

Amend the bill, as and if amended, Section 33-57-120(A)(2), SECTION 1, page 3, line 32, by striking /two/ and inserting /four/.

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the amendment.

With Senator THOMAS retaining the floor, Senator CAMPSEN asked unanimous consent to make a motion to take up Amendment Nos. 153, 154 and 155 for immediate consideration.

There was no objection.

Amendment No. 153

Senators CAMPSEN, CLEARY and ROSE proposed the following amendment (JUD0255.007), which was adopted:

Amend the bill, as and if amended, on page 12, by striking lines 19-43, and on page 13, by striking lines 1-9 in their entirety and inserting the following:

/   SECTION   2.   Nothing in the provisions of this act, including the allowance of qualified charitable organizations to conduct some raffles by the use of limited types of non-electronic casino games, shall alter or amend the terms of "The Catawba Indian Claims Settlement Agreement" or "The Catawba Indian Claims Settlement Act", as referenced in S.C. Code Ann. Sections 27-16-10 through 27-16-140 (2010) and in 25 U.S.C. Sections 941 through 941n (2010), or the holding of the South Carolina Supreme Court in Catawba Indian Tribe of South Carolina v. State of South Carolina, 372 S.C. 519, 642 S.E.2d 751 (2007), so as to allow an Indian Tribe or any other group of individuals to operate or conduct casino games unless conducted or operated only by a qualified charitable organization solely pursuant to the terms of Chapter 57, Title 33.

SECTION   3.   This act shall apply prospectively. The repeal or amendment by the provisions of this act or any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION   4.   If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, 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, unless the provision prohibiting the altering or amending of the terms of "The Catawba Indian Claims Settlement Act" is held invalid or unconstitutional, so as to allow casino games in South Carolina by an Indian Tribe or any other group of individuals. The invalidity of that provision shall affect all other provisions or applications of this act, and to that end, the provisions of this act are non-severable from that provision.

SECTION   5.   The provisions of this act become effective thirty days after ratification of an amendment to Section 7, Article XVII of the Constitution of this State allowing its terms as proposed to the qualified electors of this State at the 2012 General Election, and the provisions of this act are repealed five years from the effective date unless further authorized by the General Assembly.     /

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN explained the amendment.

The amendment was adopted.

Recorded Vote

Senator SHANE MARTIN desired to be recorded as voting against the adoption of Amendment No. 153.

Amendment No. 154

Senator CAMPSEN proposed the following amendment (JUD0255.004), which was adopted:

Amend the bill, as and if amended, in Section 33-57-140, as contained in SECTION 1, page 6, by striking lines 26-33 in their entirety and inserting the following:

/   (F)   A raffle or a casino night charity game shall be conducted only by a qualified and authorized charitable organization through its bona fide officers and members who volunteer their time and receive no compensation for their services. Food and beverages served to and consumed by volunteers or staff of the sponsoring organization during a raffle or a casino night charity game are not compensation. No member, director, officer, employee, or agent of the charitable organization may receive any direct or indirect pecuniary benefit other than being able to participate in the raffle on a basis equal to all other participants. Full time staff of a charitable organization may receive their regular and ordinary compensation, but that compensation shall not be paid from the gross or net receipts of a raffle or casino night charity event.     /

Amend the bill further, as and if amended, in Section 33-57-150, as contained in SECTION 1, page 7, by striking lines 16-18 in their entirety and inserting the following:

/   Section 33-57-150.     Expenses that are reasonable and necessary to operate and conduct raffles or casino night charity games, as authorized by this chapter, are allowable, but no member, director, officer, employee, or agent of a charitable organization may receive any direct or indirect pecuniary benefit from payment of expenses related to the operation or conduct of a raffle or casino night charity game event. Allowable expenses include only expenses incurred for:/

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN explained the amendment.

The amendment was adopted.

Recorded Vote

Senator SHANE MARTIN desired to be recorded as voting against the adoption of Amendment No. 154.

Amendment No. 155

Senator CAMPSEN proposed the following amendment (JUD0255.006), which was adopted:

Amend the bill, as and if amended, in Section 33-57-100, page 2, by striking lines 1-5 in their entirety and inserting the following:

/   (C)   Nothing in this chapter may be construed to allow electronic gambling devices or machines of any types, slot machines, video poker or similar electronic play devices, or to change or alter in any manner the prohibitions regarding video poker or similar electronic play devices in Chapter 21, Title 12 and Chapter 19, Title 16.     /

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN explained the amendment.

The amendment was adopted.

The Senate resumed consideration of Amendment No. 2.

Senator THOMAS explained the amendment.

On motion of Senator THOMAS, debate was interrupted by adjournment.

MOTION ADOPTED

On motion of Senator RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Hubert Watson of Horry County, S.C. Mr. Watson had served with the Coast Guard and was the owner and operator of Horry Furniture, Inc. for 50 years. He was an active participant in civic affairs and was a recipient of numerous awards during his lifetime.

ADJOURNMENT

At 2:13 P.M., on motion of Senator THOMAS, the Senate adjourned to meet tomorrow at 11:45 A.M.

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This web page was last updated on Friday, November 18, 2011 at 1:24 P.M.