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 words from Proverbs, Chapter 3:
"Do not let loyalty and faithfulness forsake you; bind them around
your neck, write them on the tablet of your heart.
So you will find favor and good repute in the sight of God and of
people."
Let us pray.
Lord, God of the ages: You dwell in the realms of the effulgence of perfect light! Your Holy Being is so veiled from the eyes of sinful man that we cannot see You... nor comprehend You!
We live in a jungle! If our country is wrong, correct us! If we are right, support our arms.
As tidings come to us through our marvelous media, even from the land of ancient faiths, help us to realize that though we live in an age of engineering marvels, yet in the basic fundamentals of human relations and the things that make for peace of mind, peace of soul, and the peace of the world, we are still beating our way through the trackless underbrush of our jungle.
Help us to learn to live closer to the angels than to the animals through the regenerative powers of the indwelling Spirit of our God!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable James H. Hodges:
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Priscilla B. Baldwin, 10034 South Carolina Road, McClellanville, S.C. 29458
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Bonnie L. Koontz, 1720 Sam Rittenberg Boulevard, Unit II, Charleston, S.C. 29407
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Frances L. Cain-Lofton, 9888 Randall Road, McClellanville, S.C. 29458
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
M. Brian Rawl, 2568 River Road, John's Island, S.C. 29455
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Deborah C. Summey, 5069 Ashby Avenue, North Charleston, S.C. 29405
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
James A. Turner, 13 Sheridan Road, Charleston, S.C. 29407
Reappointment, Marion County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Lunette R. Cox, Post Office Box 35, Gresham, S.C. 29546
Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Clifford E. Berinsky, 4319 Inwood Drive, Rock Hill, S.C. 29732
Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Willie G. Boulware, 761 West Laney Terrace, Rock Hill, S.C. 29730
Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Brenda H. Ervin, 1152 Heritage Court, Fort Mill, S.C. 29715
Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
H. Melvin Howell, 2430 Hopewell Road, Hickory Grove, S.C. 29717
Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Raymond J. Long, 310 Peachtree Road, Rock Hill, S.C. 29730
Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Donald S. Tennyson, 1225 Twin Lakes Road, Rock Hill, S.C. 29732
The following was received:
Document No. 2372
Agency: Department of Health and Environmental Control
SUBJECT: Procedures for Contested Cases
Received by Lieutenant Governor January 20, 1999
Referred to Medical Affairs Committee
Legislative Review Expiration May 20, 1999
February, 19, 1999 House Judiciary Committee requested withdrawal
March 24, 1999 Withdrawn and Resubmitted
Senators WILSON and SETZLER introduced Dr. David Gatti of Columbia, S.C., Doctor of the Day.
On motion of Senator MOORE, at 12:30 P.M., Senator HOLLAND was granted a leave of absence for the balance of the day.
H. 3261 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO REPEAL THE RESOLUTION ENACTED ON DECEMBER 19, 1843, GRANTING EXCLUSIVE USE OF MARSH AND MARSHLANDS LOCATED AT OR NEAR THE NORTHEAST END OF SULLIVAN'S ISLAND TO DAVID TRUESDELL FOR USE AS A PLACE FOR PLANTING OYSTERS DURING THE PLEASURE OF THE LEGISLATURE; TO TERMINATE ANY TENANCY AT WILL REMAINING OR FLOWING FROM THIS RESOLUTION OF DECEMBER 19, 1843; AND TO ABOLISH ANY AND ALL RIGHTS OR INTERESTS IN THIS MARSH AND MARSHLANDS, OR THE USE THEREOF, CLAIMED BY ANY PERSON THAT IS DERIVED FROM THE RESOLUTION ENACTED DECEMBER 19, 1843, BY OR THROUGH DAVID TRUESDELL, HIS HEIRS OR ASSIGNS.
Senator HOLLAND asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Judiciary.
There was no objection.
The Joint Resolution was ordered placed on the Calendar.
The following were introduced:
S. 658 (Word version) -- Senators Moore, McConnell, O'Dell, Martin, Peeler, Ryberg, Courson and Alexander: A BILL TO AMEND TITLE 15, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CIVIL ACTIONS, BY ADDING ARTICLE 2 SO AS TO ENACT THE YEAR 2000 COMMERCE PROTECTION ACT IN ORDER TO PROVIDE FOR THE RECOVERY OF A CLAIM FOR A PERSON WHO SUFFERS AN ECONOMIC LOSS AS A RESULT OF THE YEAR 2000 PROBLEM.
Read the first time and referred to the Committee on Judiciary.
S. 659 (Word version) -- Senators McGill, Elliott, Land, Leatherman, Glover, Saleeby and Rankin: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 47 SO AS TO ENACT THE "TOBACCO ESCROW FUND ACT" PROVIDING FOR THE ESTABLISHMENT OF A RESERVE FUND TO GUARANTEE AN EVENTUAL SOURCE OF RECOVERY FROM TOBACCO PRODUCT MANUFACTURERS WHO ARE NOT A PARTY TO THE MASTER SETTLEMENT AGREEMENT BETWEEN THIS STATE AND OTHER TOBACCO PRODUCT MANUFACTURERS, TO REQUIRE NONPARTICIPATING TOBACCO PRODUCT MANUFACTURERS TO PLACE FUNDS INTO AN ESCROW ACCOUNT, BASED ON THE NUMBER OF TOBACCO PRODUCT UNITS SOLD, FOR WITHDRAWAL TO PAY A FUTURE JUDGMENT OR SETTLEMENT, TO PROVIDE FOR ANNUAL CERTIFICATION OF COMPLIANCE, AND TO ESTABLISH ENFORCEMENT PROCEDURES AND CIVIL PENALTIES, INCLUDING PAYMENT OF ATTORNEY'S FEES AND COSTS, FINES, AND AN INJUNCTION OF CIGARETTE SALES IN THE STATE.
Read the first time and referred to the Committee on Finance.
S. 660 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 43-35-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADULT PROTECTION, SO AS TO PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES, NEGLECTS, OR EXPLOITS A VULNERABLE ADULT IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN FIVE YEARS, TO FURTHER PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES OR NEGLECTS A VULNERABLE ADULT RESULTING IN GREAT BODILY INJURY IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN FIFTEEN YEARS, AND TO FURTHER PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES OR NEGLECTS A VULNERABLE ADULT RESULTING IN DEATH IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN THIRTY YEARS; TO AMEND SECTION 16-1-90, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO PROVIDE THAT ABUSE OR NEGLECT OF A VULNERABLE ADULT RESULTING IN DEATH IS A CLASS A FELONY, TO FURTHER PROVIDE THAT ABUSE OR NEGLECT OF A VULNERABLE ADULT RESULTING IN GREAT BODILY INJURY IS A CLASS D FELONY, AND TO FURTHER PROVIDE THAT ABUSE, NEGLECT, OR EXPOITATION OF A VULNERABLE ADULT IS A CLASS F FELONY; AND TO ADD SECTION 16-3-1050, SO AS TO PROVIDE PENALTIES FOR ABUSE, NEGLECT, OR EXPLOITATION OF A VULNERABLE ADULT.
Read the first time and ordered placed on the Calendar without reference.
S. 661 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND TITLE 37 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 17, "SOUTH CAROLINA TITLE LENDERS ACT", WHICH ESTABLISHES A LICENSURE AND REGULATION FRAMEWORK FOR TITLE LENDERS.
Senator THOMAS raised a Point of Order under the provisions of Rule 19 that inasmuch as a meeting of the Banking and Insurance Committee was called at a time and date other than that prescribed in the rule, any legislation resulting from that meeting is out of order and not properly before the Senate.
Senators BRYAN and McCONNELL spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator THOMAS raised a Point of Order that the Bill did not meet the requirements necessary to certify the Bill as a Committee Bill.
Senator SALEEBY spoke on the Point of Order.
The PRESIDENT stated that under the provisions of Rule 25, the proper certificate was attached to the Bill and overruled the Point of Order.
Senator THOMAS raised a Point of Order that the Bill was out of order in that no quorum was present at the committee meeting.
Senator McCONNELL spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Read the first time and ordered placed on the Calendar without reference.
S. 662 (Word version) -- Senators McConnell, Land and Passailaigue: A BILL TO AMEND SECTION 4-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GOVERNING BODY OF A COUNTY FURNISH CERTAIN COUNTY OFFICERS WITH OFFICE SPACE, FURNITURE, STATIONERY, AND OTHER INCIDENTALS NECESSARY TO CARRY OUT THE FUNCTION OF THAT OFFICE, SO AS TO ESTABLISH A PROCEDURE FOR SUBMITTING AN ANNUAL APPROPRIATIONS REQUEST FOR FUNDING REQUESTS BY AN ELECTED COUNTY OFFICER, TO DEFINE "ELECTED COUNTY OFFICER", AND PROVIDE THAT THE OFFICER SHALL EXERCISE AUTHORITY OVER HIS BUDGET ONCE IT IS ADOPTED AND TO PROVIDE WHEN AN OFFICER'S BUDGET MAY BE REDUCED, AND PROVIDE FOR RESOLUTION OF DISPUTES BETWEEN COUNTY COUNCILS AND OFFICERS.
Read the first time and referred to the Committee on Finance.
S. 663 (Word version) -- Senators Leventis and Land: A SENATE RESOLUTION WARMLY COMMENDING EDWARD H. SEXAUER FOR A CAREER OF DISTINGUISHED PUBLIC SERVICE AND FOR HIS OUTSTANDING WORK AT SOUTH CAROLINA EDUCATIONAL TELEVISION IN SUMTER AND WISHING HIM EVERY HAPPINESS UPON THE OCCASION OF HIS RETIREMENT.
The Senate Resolution was adopted.
S. 664 (Word version) -- Senators Wilson, Courson, Setzler, Hayes, Giese, Ryberg, Jackson, Patterson and Ravenel: A SENATE RESOLUTION EXPRESSING SORROW AT THE DEATH OF THE REVEREND DR. PHILLIP MONTFORD SPENCER OF LEXINGTON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Senate Resolution was adopted.
H. 3469 (Word version) -- Rep. Witherspoon: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-100 SO AS TO PROHIBIT HUNTING, FISHING, AND TRAPPING ON LANDS OR PRIVATE WATERS WITHOUT PERMISSION FROM THE OWNER OR HIS AGENT, TO PROVIDE PENALTIES FOR A VIOLATION OF THIS SECTION, AND FOR SUSPENSION OF HUNTING AND FISHING PRIVILEGES.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3709 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO ELEVATOR SAFETY, DEFINITION OF "SERIOUS INJURY", DESIGNATED AS REGULATION DOCUMENT NUMBER 2411, 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 Labor, Commerce and Industry.
H. 3742 (Word version) -- Rep. Phillips: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON MARCH 9, 1999, BY THE STUDENTS OF THE CHEROKEE COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Read the first time and referred to the Committee on Education.
H. 3749 (Word version) -- Reps. Loftis and Leach: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF FEBRUARY 1, 1999, MISSED BY STUDENTS OF THE SANS SOUCI ELEMENTARY SCHOOL IN GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOL WAS CLOSED DUE TO LOSS OF HEAT IN THE BUILDINGS, IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Read the first time and referred to the Committee on Education.
H. 3773 (Word version) -- Rep. Cotty: A CONCURRENT RESOLUTION CONGRATULATING LONNIE B. NELSON ELEMENTARY SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT TWO FOR BEING SELECTED A "BLUE RIBBON SCHOOL" BY THE UNITED STATES DEPARTMENT OF EDUCATION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3774 (Word version) -- Reps. Pinckney and Inabinett: A CONCURRENT RESOLUTION TO HONOR AND EXTEND SINCERE BEST WISHES TO MR. WILLIAM SEABROOK, SR., ON THE OCCASION OF HIS NINTY-FIFTH BIRTHDAY ON MARCH 31, 1999.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
S. 333 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 40-30-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE RENEWAL FOR MASSAGE/BODY WORK THERAPISTS SO AS TO EXEMPT FROM CONTINUING EDUCATION THERAPISTS WHO HAVE BEEN IN PRACTICE FOR TWENTY-FIVE YEARS CONTINUOUSLY; TO AMEND SECTION 40-30-190 RELATING TO PROMULGATION OF REGULATIONS CONCERNING CONTINUING EDUCATION REQUIREMENTS SO AS TO CLARIFY THESE REQUIREMENTS.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 509 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 9-1-1670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF AN ERROR IN RECORDS OF THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR CORRECTION OF AN ERROR WITHIN TWO YEARS OF ITS COMMISSION UPON WRITTEN CERTIFICATION OF THE ERROR AND CORRECTION OF ITS RECORDS BY THE EMPLOYER, AND TO PROVIDE THAT THE TWO-YEAR LIMIT DOES NOT APPLY TO PENDING REQUESTS FOR CORRECTION.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
S. 526 (Word version) -- Senators Land, McGill, Saleeby, Hayes, Moore, Rankin, Gregory and Peeler: A BILL TO AMEND SECTIONS 41-31-390, AS AMENDED, AND 41-31-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO WARRANTS OF EXECUTION FOR THE COLLECTION OF DEFAULT PAYMENTS OWED TO THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO LEVY UPON THE PROPERTY SECURING THE WARRANT FOR NONPAYMENT OF CONTRIBUTIONS, INTEREST, PENALTIES, ASSESSMENTS, AND COSTS AND TO CONTRACT WITH A COLLECTION AGENCY FOR THE PURPOSE OF COLLECTING DELINQUENT PAYMENTS, TO REQUIRE THE COMMISSION TO FILE A COPY OF THE EXECUTION WITH THE CLERK OF COURT IN THE COUNTIES IN WHICH THE DELINQUENT EMPLOYER DOES BUSINESS, AND TO PROVIDE THAT THE POWERS CONFERRED UPON THE DEPARTMENT OF REVENUE FOR THE COLLECTION OF UNPAID INCOME TAXES ARE CONFERRED UPON THE COMMISSION, MUTATIS MUTANDIS, FOR THE COLLECTION OF DELINQUENT PAYMENTS OWED TO THE COMMISSION.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
H. 3712 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BUILDING CODES COUNCIL, RELATING TO GOVERNMENT RESTRUCTURING AMENDMENTS AND RECERTIFICATION OF EXISTING BUILDINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2384, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3040 (Word version) -- Reps. Littlejohn, McKay, Rodgers and Barfield: A BILL TO AMEND SECTION 56-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM THE REQUIREMENTS TO OBTAIN A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A CITIZEN OF GERMANY OR JAPAN WHO IS AT LEAST EIGHTEEN YEARS OF AGE, WHO IS EMPLOYED IN THIS STATE, AND WHO HAS A VALID DRIVER'S LICENSE ISSUED BY EITHER NATION MAY DRIVE A MOTOR VEHICLE FOR FOUR YEARS IN THIS STATE.
Senator COURTNEY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator COURTNEY, the Bill was read the third time and ordered enrolled for Ratification.
The following Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 622 (Word version) -- Senator J. Verne Smith: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 5, 1999, MISSED BY SIXTH AND SEVENTH GRADE STUDENTS OF GREER MIDDLE SCHOOL IN THE SCHOOL DISTRICT OF GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO THE LOSS OF HEAT IN THE BUILDING IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
S. 628 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2386, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 629 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EDUCATION PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2388, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 630 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCEPTABLE CREDITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2387, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 631 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO VERIFICATION OF ELIGIBILITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2391, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 632 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIRED EXAMINATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2390, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 633 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO OTHER EXPERIENCE ACCEPTABLE FOR CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2402, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 634 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO APPLICATION FOR TEACHING CREDENTIAL, REQUIRED DOCUMENTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2392, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 635 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHING EXPERIENCE ACCEPTABLE FOR CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2401, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 637 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FOREIGN APPLICANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2399, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 638 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXPIRED LICENSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2398, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 639 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EFFECTIVE DATE OF CREDENTIAL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2393, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 640 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO RENEWAL OF CREDENTIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2397, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 641 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADDITIONAL AREAS OF LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2396, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 642 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR CREDENTIAL ADVANCEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2394, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 398 (Word version) -- Senator Setzler: A BILL TO AMEND TITLE 40, CHAPTER 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENGINEERS AND LAND SURVEYORS INCLUDING, BUT NOT LIMITED TO, AUTHORIZING THE BOARD TO REGULATE CROSS-BORDER ENGINEERING.
Senator SALEEBY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator SALEEBY proposed the following amendment (S. 398 AMENDMENT (EES)), which was adopted:
Amend the bill, as and if amended, Section 40-22-20, page 28 by deleting lines 29-30 and inserting:
/education, training, and experience in the application of engineering knowledge/
Amend further page 28 by deleting lines 33-34 and inserting:
/coordination of engineering works and systems, performing engineering surveys and studies and/
Amend further Section 40-22-280(A), page 48 by deleting line 19 and inserting:
/(1) the practice of any other /
Renumber sections to conform.
Amend title to conform.
Senator SALEEBY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 56 (Word version) -- Senators Alexander and Elliott: A BILL TO AMEND SECTION 58-5-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION'S REGULATION OF WATER AND SEWER UTILITIES' ADEQUACY OF SERVICE, ISSUANCE OF AN ORDER TO PROVIDE ADEQUATE AND PROPER SERVICE, FINE OR PENALTY, AND LIEN ON PROPERTY OF THE UTILITY, SO AS TO REQUIRE RATHER THAN PERMIT THE ISSUANCE OF AN ORDER UNDER CERTAIN CIRCUMSTANCES, REQUIRE RATHER THAN PERMIT THE IMPOSITION OF A PENALTY OR FINE UNDER CERTAIN CONDITIONS, AND INCREASE THE AMOUNT OF THE PENALTY OR FINE; AND TO AMEND SECTION 58-5-720, RELATING TO THE FILING OF A BOND OR CERTIFICATES OF DEPOSIT PRIOR TO APPROVAL BY THE PUBLIC SERVICE COMMISSION OF CONSTRUCTION OR OTHER WORK ON A WATER OR SEWER SYSTEM, SO AS TO INCREASE THE AMOUNT OF THE BOND.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0056.001.DOC), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 35, in Section 58-5-710, as contained in SECTION 1, by striking lines 35 and 36 in their entirety and inserting therein the following:
/ "Section 58-5-710. The Public Service Commission shall have the right to require any person or corporation, as defined in Section /.
Amend the bill further, as and if amended, page 2, beginning on line 9, in Section 58-5-710, as contained in SECTION 1, by striking lines 9 and 10 in their entirety and inserting therein the following:
/ not exceeding less than one hundred dollars per day but not more than one thousand dollars per day. Each day such
the /.
Amend title to conform.
Senator COURTNEY explained the committee amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 70 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM BANKRUPTCY PROCEEDINGS OR ATTACHMENT, LEVY, AND SALE, SO AS TO EXEMPT INDIVIDUAL RETIREMENT ACCOUNTS, INDIVIDUAL RETIREMENT ANNUITIES, AND INDIVIDUAL RETIREMENT TRUSTS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0070.001.DOC), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 32, in Section 15-41-30, as contained in SECTION 1, by striking lines 32 through 38 in their entirety and inserting therein the following:
/ "(12) The debtor's right to receive individual retirement accounts as described in Sections 408(a) and 408A of the Internal Revenue Code, individual retirement annuities as described in Section 408(b) of the Internal Revenue Code, and accounts established as part of a trust described in Section 408(c) of the Internal Revenue Code, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. A claimed exemption may be reduced or eliminated by the amount of a fraudulent conveyance into the individual retirement account or other plan. For purposes of this item, 'Internal Revenue Code' has the meaning provided in Section 12-6-40(A)." /
Renumber sections to conform.
Amend title to conform.
Senator COURTNEY explained the committee amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills, having been read the second time, were ordered placed on the third reading Calendar:
S. 577 (Word version) -- Senators McConnell, Leventis, Ryberg and Ford: A BILL TO AMEND SECTION 2-19-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO PROVIDE THAT A PERSON MAY NOT SEEK MORE THAN ONE JUDICIAL VACANCY AT THE SAME TIME.
S. 654 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-8926, SO AS TO PROVIDE A CONDITIONAL DISCHARGE FOR A FIRST OFFENSE OF PURCHASING OR POSSESSING BEER, ALE, PORTER, WINE, FERMENTED BEVERAGES OR ALCOHOLIC LIQUORS BY A PERSON UNDER TWENTY-ONE YEARS OF AGE; AND TO AUTHORIZE SUCH PERSONS TO APPLY TO THE COURT FOR AN ORDER EXPUNGING ALL RECORDS RELATING TO THE ARREST, INDICTMENT OR INFORMATION, TRIAL, FINDING OF GUILTY, AND DISMISSAL; AND BY ADDING SECTION 61-4-595, SO AS TO PROVIDE THAT THE HOLDER OF A PERMIT FOR THE SALE OF BEER OR WINE WHO IS CHARGED WITH SELLING BEER OR WINE TO A PERSON UNDER TWENTY-ONE YEARS OF AGE MAY USE AS A MITIGATING CIRCUMSTANCE PROGRAMS USED BY THE PERMIT HOLDER TO EDUCATE AND TRAIN ITS EMPLOYEES ON THE PREVENTION OF THE SALE OF BEER OR WINE TO PERSONS UNDER TWENTY-ONE YEARS OF AGE, AND TO FURTHER PROVIDE THAT IF THE PERMIT HOLDER AND HIS EMPLOYEES PARTICIPATE IN SUCH A PROGRAM, THE ADMINISTRATIVE LAW JUDGE MAY DISMISS THE CHARGES AGAINST THE PERMIT HOLDER.
S. 199 (Word version) -- Senators J. Verne Smith, Wilson, Giese and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2915 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE A REGISTRATION STATEMENT FOR A RELIGIOUS DAY CARE CENTER WHEN REQUIREMENTS ARE MET AND TO REQUIRE THE CENTER OPERATOR TO DISPLAY THE REGISTRATION AND USE ITS REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2700, AS AMENDED, RELATING TO DEFINITIONS UNDER DAY CARE LICENSING, SO AS TO REVISE THE DEFINITIONS OF "CHILD DAY CARE FACILITIES", "GROUP DAY CARE HOME", AND "FAMILY DAY CARE HOME", AND TO ADD DEFINITIONS; TO AMEND SECTION 20-7-2780, RELATING TO LICENSES OF CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REQUIRE STATING THE LICENSE NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2860, AS AMENDED, RELATING TO FAMILY DAY CARE HOME REGISTRATIONS, SO AS TO REQUIRE STATING THE REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2900, AS AMENDED, RELATING TO REGISTRATION OF CERTAIN CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE THEM TO COMPLY WITH INSPECTION PROCEDURES AND WITH REQUIREMENTS FOR FLOOR SPACE, CHILD-STAFF RATIOS, AND STAFF TRAINING; TO AMEND SECTION 20-7-2910, RELATING TO REGISTRATION AND INSPECTIONS OF CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE INSPECTIONS TO BE CONDUCTED BEFORE RENEWAL RATHER THAN ANNUALLY; TO AMEND SECTION 20-7-2920, AS AMENDED, RELATING TO INJUNCTIONS AGAINST CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REVISE CONDITIONS FOR SEEKING AN INJUNCTION AGAINST AN OPERATOR; AND TO AMEND SECTION 20-7-3030, RELATING TO DECLARATORY ORDERS OF THE DEPARTMENT OF SOCIAL SERVICES CONCERNING CONSTRUCTION OR RENOVATIONS OF A FACILITY, SO AS TO DELETE THE PROVISION PROHIBITING AN APPEAL OF THESE ORDERS AND REQUIRE THE DEPARTMENT TO PROVIDE CONSULTATION TO ADDRESS ISSUES OF COMPLIANCE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0199.001.DOC), which was adopted:
Amend the bill, as and if amended, page 7, line 31, in Section 20-7-2910, as contained in SECTION 8, by striking line 31 in its entirety and inserting therein the following:
/ health and fire safety agencies to conduct an inspection of the facility/
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION ___. Section 20-7-2840 (A) of the 1976 Code is amended to read:
" (A) As used in this subarticle, 'family day care home' means an occupied residence a facility within a residence occupied by the operator in which child day care regularly is provided for no more than six children, unattended by a parent or legal guardian, including those children living in the home and the children received for day care who are related to the resident caregiver. However, an occupied residence in which child day care regularly is provided only for a child or children related to the resident caregiver or only for the child or children of one unrelated family, or only for a combination of these children, is not a family day care home." /
Amend sections to conform.
Amend title to conform.
Senator COURTNEY explained the committee amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 655 (Word version) -- Judiciary Committee: A CONCURRENT RESOLUTION TO CAUSE THE BLACK LIBERATION FLAG TO BE FLOWN FROM THE FLAGPOLE ATOP THE STATE HOUSE AND INSIDE THE CHAMBERS OF BOTH HOUSES OF THE GENERAL ASSEMBLY DURING THE PERIOD OF JANUARY 15-24, THE MONTH OF FEBRUARY, AND ON JUNE 19, "JUNETEENTH," AND DURING "KWANZAA", DECEMBER 26 THROUGH JANUARY 1, AS OFFICIAL RECOGNITION OF THE STRUGGLE FOR LIBERATION AND SUBSTANTIAL CONTRIBUTIONS OF CERTAIN CITIZENS, IN KEEPING WITH THE LEGISLATIVE POLICY OF HONORING SUCH CONTRIBUTIONS THROUGH THE DISPLAY OF FLAGS.
Senator COURSON objected to further consideration of the Concurrent Resolution.
S. 523 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 8-21-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES TO BE CHARGED FOR FILING OR RECORDING A COMMISSION OF NOTARY PUBLIC OR OTHER PUBLIC OFFICE, LICENSE, OR PERMIT TO PRACTICE ANY PROFESSION OR TRADE, OR NOTICE OF FORMATION OR DISSOLUTION OF A PARTNERSHIP OR PROFESSIONAL ASSOCIATION, SO AS TO CHANGE THE COST FOR THE FILING FROM TWO DOLLARS TO FIVE DOLLARS.
Senator GIESE explained the Bill.
On motion of Senator PASSAILAIGUE, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 3 (Word version) -- Senators Rankin, Elliott, Moore, Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leventis, Bryan, Matthews, Patterson, McGill, O'Dell, Passailaigue, Washington, Reese, Ford, Glover, Jackson, Lander, Short, Hutto, Anderson, Elliott, Ryberg, Giese, Wilson, Fair, Hayes, Leatherman and Russell: A BILL TO AMEND CHAPTER 19, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING SECTION 16-19-180 SO AS TO PROHIBIT THE OPERATION OF CASINO GAMBLING ON BOATS, SHIPS, OR OTHER WATERCRAFT WHICH EMBARK, SAIL, AND DISEMBARK WITHIN SOUTH CAROLINA'S BORDERS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator RANKIN proposed the following Amendment No. B (JUD00003.010), which was adopted:
Amend the committee report, as and if amended, page [3-2], line 1, in Section 16-19-170, as contained in SECTION 2, by striking /navigating/ and inserting /navigating,/ .
Amend the committee report further, as and if amended, page [3-2], line 9, in Section 16-19-170(B), as contained in SECTION 2, by striking / 3 / and inserting therein / 4 / .
Amend the committee report further, as and if amended, page [3-2], line 31, in Section 4(A), by inserting after /16-19-170/ the following: / (B) /.
Amend the committee report further, as and if amended, page [3-2], line 33, in Section 4(A), by inserting after the word /municipality/ the words /within a coastal county/ .
Amend the committee report further, as and if amended, page [3-2], line 34, in Section 4(A), by inserting after /16-19-170/ the following: / (B) /.
Amend the committee report further, as and if amended, page [3-2], line 41, in Section 4(B), by inserting after /16-19-170/ the following: / (B) /.
Amend the committee report further, as and if amended, page [3-3], line 4, in Section 4(B), by inserting after /16-19-170/ the following: / (B) /.
Renumber sections to conform.
Amend title to conform.
Senator RANKIN explained the amendment.
The amendment was adopted.
The Committee on Judiciary proposed the following amendment (JUD0003.004.doc), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Gambling activities prohibited by statutory laws and by the Constitution of this State are prohibited on vessels where voyages begin and end in waters of this State, consistent with the standards specified in 15 U.S.C. 1175, commonly referred to as the Johnson Act. Except as otherwise provided herein, this act prohibits gambling activities on so-called "cruises to nowhere".
SECTION 2. Chapter 19 of Title 16 of the 1976 Code is amended by adding:
"Section 16-19-170. (A) As used in this section:
(1) '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 a game of chance and includes, but is not limited to, slot machines, punch boards, video poker or black jack machines, keeno, roulette, craps, or any other gaming table type gambling or poker, blackjack, or any other card gambling game.
(B) Except as provided in Section 3, it is unlawful for any person to repair or use any gambling device on a vessel that is on a voyage or segment of a voyage if:
(1) the voyage or segment begins and ends in this State; and
(2) during which the vessel does not make an intervening stop within the boundaries of another state or possession of the United States or a foreign country.
(C) The following voyages and segments are lawful if the voyage or segment includes or consists of a segment:
(1) that begins and ends in this State;
(2) that is part of a voyage to another state or possession of the United States or to a foreign country; and
(3) in which the vessel reaches the other state or foreign country within three days after leaving the state in which the segment begins."
SECTION 3. A violation of Section 16-19-170 is not a criminal offense, but is a violation for which a civil penalty, not to exceed twenty-five thousand dollars for each violation, may be imposed by the Department of Revenue.
SECTION 4. (A) Notwithstanding the provisions of Section 16-19-170: (1) the governing body of a coastal county by ordinance may suspend the application of the gambling prohibitions provided for in Section 16-19-170 for the unincorporated area of the county; and (2) the governing body of a municipality by ordinance may suspend the application of the gambling prohibitions provided for in Section 16-19-170 for the municipality.
(B) The county election commission or the municipal election commission, as appropriate, shall place the question contained in this subsection on the ballot in November 2000 in a coastal county in which the county governing body or the municipal governing body, as appropriate, has suspended application of the gambling prohibition provided for in Section 16-19-170 by ordinance within ninety days before the 2000 general election. The state election laws apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the referendum and certify them to the Secretary of State. If the result of a referendum is in favor of reinstating the gambling prohibition within the county or municipality, Section 16-19-170 applies in that county or municipality after the result of the referendum is certified to the Secretary of State.
The question put before the voters shall read:
"Shall the prohibition against gambling, however described, on a vessel that embarks and disembarks within South Carolina be reinstated in __________municipality/county?"
(C) For purposes of this section, a 'coastal county' means Beaufort, Berkeley, Charleston, Colleton, Horry, Jasper, or Georgetown County.
SECTION 5. Nothing in this act shall be construed to repeal or modify any other provision of law relating to gambling. This section does not 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).
SECTION 6. If any provision of this act or the application of these provisions to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end, the provisions of this act are severable.
SECTION 7. This act takes effect upon approval by the Governor. /
Amend title to conform.
The amendment was adopted, as amended.
Senators RYBERG and BRYAN proposed the following Amendment No. 1 (JUD0003.005:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Gambling activities prohibited by statutory laws and by the Constitution of this State are prohibited on vessels where voyages begin and end in waters of this State, consistent with the standards specified in 15 U.S.C. 1175, commonly referred to as the Johnson Act. This act prohibits gambling activities on so-called "cruises to nowhere".
SECTION 2. Chapter 19 of Title 16 of the 1976 Code is amended by adding:
"Section 16-19-170. (A) As used in this section:
(1) '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 a game of chance and includes, but is not limited to, slot machines, punch boards, video poker or black jack machines, keeno, roulette, craps, or any other gaming table type gambling or poker, blackjack, or any other card gambling game.
(B) It is unlawful for any person to repair or use any gambling device on a vessel that is on a voyage or segment of a voyage if:
(1) the voyage or segment begins and ends in this State; and
(2) during which the vessel does not make an intervening stop within the boundaries of another state or possession of the United States or a foreign country.
(C) The following voyages and segments are lawful if the voyage or segment includes or consists of a segment:
(1) that begins and ends in this State;
(2) that is part of a voyage to another state or possession of the United States or to a foreign country; and
(3) in which the vessel reaches the other state or foreign country within three days after leaving the state in which the segment begins.
(D) A person convicted of a violation of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned for not less than one year nor more than five years, or both."
SECTION 3. Nothing in this act shall be construed to repeal or modify any other provision of law relating to gambling. This section does not 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).
SECTION 4. If any provision of this act or the application of these provisions to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end, the provisions of this act are severable.
SECTION 5. This act takes effect upon approval by the Governor. /
Amend title to conform.
Senator RYBERG explained the amendment.
Senator McCONNELL argued contra to the adoption of the amendment.
Senator RYBERG spoke on the amendment.
Senator FORD argued contra to the adoption of the amendment.
Senator FORD moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Ford Glover Land Leventis Matthews McConnell Mescher Passailaigue Patterson Ravenel
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Giese Gregory* Grooms Hayes Hutto Jackson Leatherman Martin McGill Moore O'Dell Peeler Rankin Reese Russell Ryberg Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator McCONNELL argued contra to the adoption of the amendment.
Senator MOORE asked unanimous consent to make a motion, with Senator McCONNELL retaining the floor, that the Bill be placed in the status of Adjourned Debate.
There was no objection and the Bill was placed in the status of Adjourned Debate, with Senator McCONNELL retaining the floor.
S. 535 (Word version) -- Senators Short, Bryan, Washington, Cork, Setzler, Anderson, Mescher, Hayes, Wilson, Drummond, Waldrep, Jackson, Ford, Rankin, Moore, Land, J. Verne Smith, Hutto, Branton, Russell, Matthews, Leventis, Reese, Passailaigue, Glover, McGill, Elliott, Saleeby and Holland: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 152, SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO READINESS ACT" WHICH IS AN INITIATIVE FOR IMPROVING EARLY CHILDHOOD DEVELOPMENT BY PROVIDING GRANTS TO LOCAL PARTNERSHIPS TO PROVIDE SERVICES AND SUPPORT TO CHILDREN AND THEIR FAMILIES TO ENABLE CHILDREN TO REACH SCHOOL READY TO LEARN; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; TO ESTABLISH ELIGIBILITY CRITERIA AND PROGRAM PARAMETERS FOR LOCAL PARTNERSHIPS; AND TO ESTABLISH FISCAL GUIDELINES, CRITERIA FOR LOCAL MATCHING FUNDS, AND EVALUATION REQUIREMENTS FOR LOCAL PARTNERSHIPS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND TO REVISE THE PURPOSES OF THE TRUST FUND AND TO FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240 AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES AND THE BOARD AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE, MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE THAT FUNDS IN THE TRUST FUND PRIOR TO THIS ACT'S EFFECTIVE DATE MUST BE EXPENDED IN ACCORDANCE WITH THE PURPOSES OF THE FUND BEFORE AMENDMENT BY THIS ACT.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator SETZLER spoke on the Bill.
Senator MESCHER proposed the following Amendment No. 1A (535R002.WCM), which was adopted:
Amend the bill, as and if amended, page 10, line 33, by inserting after / board /
/ ; however, the selected evaluator shall be approved, and the evaluation overseen, by a committee consisting of three members, one appointed by the First Steps board, one appointed by the President Pro Tempore of the Senate and one appointed by the Speaker of the House and these committee members must be professionally recognized as proficient in child development, early childhood education, or a closely related field /
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senator WILSON proposed the following Amendment No. 2A (535R001.AGW), which was adopted:
Amend the bill, as and if amended, page 12, line 15 by inserting:
/ (a) the Chairman of the Senate Education Committee or his designee;
(b) the Chairman of the House Education and Public Works Committee or his designee; /
Reletter subsections to conform.
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
On motion of Senator SETZLER, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, and, further, the Bill was placed in the status of Interrupted Debate.
Senator THOMAS desired to be recorded as voting against the motion.
Senator MOORE moved under Rule 32 to vary the Order of the Day and revert to the Motion Period.
Senator THOMAS raised a Point of Order that the motion to vary the Order of the Day would require unanimous consent.
The PRESIDENT overruled the Point of Order and stated that the motion was proper under the provisions of Rule 32.
Senator HAYES moved to table the motion.
The Senate refused to table the motion to vary the Order of the Day. The question then was the motion to revert to the Motion Period.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Branton Courtney Elliott Ford Glover Hutto Jackson Land Leventis Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Setzler Short Washington
Alexander Bryan Courson Fair Giese Grooms Hayes Leatherman Martin Russell Ryberg Smith, J. Verne Thomas Wilson
Having failed to receive the necessary vote, the motion to revert to the Motion Period failed.
Having received a favorable report from the Charleston County Delegation, the following appointments were confirmed in open session:
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Priscilla B. Baldwin, 10034 South Carolina Road, McClellanville, S.C. 29458
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Bonnie L. Koontz, 1720 Sam Rittenberg Boulevard, Unit II, Charleston, S.C. 29407
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Frances L. Cain-Lofton, 9888 Randall Road, McClellanville, S.C. 29458
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
M. Brian Rawl, 2568 River Road, John's Island, S.C. 29455
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Deborah C. Summey, 5069 Ashby Avenue, North Charleston, S.C. 29405
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
James A. Turner, 13 Sheridan Road, Charleston, S.C. 29407
Having received a favorable report from the Marion County Delegation, the following appointment was confirmed in open session:
Reappointment, Marion County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Lunette R. Cox, Post Office Box 35, Gresham, S.C. 29546
Having received a favorable report from the York County Delegation, the following appointments were confirmed in open session:
Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Clifford E. Berinsky, 4319 Inwood Drive, Rock Hill, S.C. 29732
Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Willie G. Boulware, 761 West Laney Terrace, Rock Hill, S.C. 29730
Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Brenda H. Ervin, 1152 Heritage Court, Fort Mill, S.C. 29715
Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
H. Melvin Howell, 2430 Hopewell Road, Hickory Grove, S.C. 29717
Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Raymond J. Long, 310 Peachtree Road, Rock Hill, S.C. 29730
Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Donald S. Tennyson, 1225 Twin Lakes Road, Rock Hill, S.C. 29732
On motion of Senator COURSON, with unanimous consent, the Senate stood adjourned in honor of the Armed Forces of the United States of America.
Senator DRUMMOND moved that, when the Senate adjourns on Friday, March 25, 1999, it stand adjourned to meet next Tuesday, March 30, 1999, at 12:00 Noon, which motion was adopted.
At 12:56 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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