Senate Journal for Feb. 15, 2006 - South Carolina Legislature Online
Wednesday, February 15, 2006
(Statewide Session)
1
WEDNESDAY, FEBRUARY 15, 2006
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 Senator ALEXANDER as follows:
Beloved, hear a word about the election of judges from the Old Testament Book of Judges, 2:17:
“Nevertheless, the Lord raised up judges who delivered the people out of the hand of those who plundered them.”
Let us pray.
Father, we pray for guidance upon the members of the House and Senate as they go into a joint session today for the election of judges for these days.
Guide, O Lord, and give profound wisdom to our judges as they make multitudes of decisions about so much for the lives of Your people.
Give to our people the confidence in the laws of our land that become the cemented foundation for our whole civil life!
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
PRESIDENT Pro Tempore PRESIDES
At 11:12 A.M., Senator McCONNELL assumed the Chair.
S. 1110--CO-SPONSOR ADDED
S.1110 -- Senators Hayes, Rankin, Verdin, Cleary, Cromer, Courson, Richardson, Sheheen, Land, Alexander, Moore, Setzler, Leventis, Thomas, Matthews, Hutto, Fair, Ford, Martin, Short, McConnell, Reese, Pinckney, Grooms and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 449130 SO AS TO PROVIDE THAT SOUTH CAROLINA STATE HOSPITAL PROPERTY OWNED OR HELD BY THE DEPARTMENT OF MENTAL HEALTH THAT IS NOT IN USE MAY BE SOLD OR LEASED, TO CREATE A SPECIAL TRUST FUND FOR THE DEPOSIT OF PROCEEDS FROM THE SALE OR LEASE OF SUCH PROPERTY, TO PROVIDE THAT THESE FUNDS MUST BE USED TO REPLACE ADULT LONGTERM HOSPITALIZATION SERVICES AND FORENSIC SERVICES, AND TO PROHIBIT THE DEPARTMENT FROM USING THESE FUNDS TO SUPPLANT ITS CURRENT LEVEL OF APPROPRIATED FUNDING.
On motion of Senator PATTERSON, with unanimous consent, the name of Senator PATTERSON was added as a co-sponsor of S. 1110.
RATIFICATION OF ACTS
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on February 15, 2006, at 11:15 A.M. and the following Acts and Joint Resolutions were ratified:
(R222, S. 141) -- Senators Hayes, Knotts and Elliott: AN ACT TO AMEND SECTION 154920 OF THE 1976 CODE, RELATING TO THE REQUIREMENTS OF A PETITIONER SEEKING A NAME CHANGE, TO PROVIDE THAT A PETITIONER REQUESTING A NAME CHANGE MUST SIGN AN AFFIDAVIT STATING HE HAS NEVER BEEN CONVICTED OF A CRIME UNDER A DIFFERENT NAME OTHER THAN THE NAME IN WHICH HE IS MAKING THE REQUEST, TO CREATE THE OFFENSES OF KNOWINGLY AND WILFULLY FALSIFYING AN AFFIDAVIT AND OF KNOWINGLY AND WILFULLY FALSIFYING AN AFFIDAVIT BY A PERSON REQUIRED TO BE REGISTERED PURSUANT TO THE SEX OFFENDER REGISTRY UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE PENALTIES FOR THESE VIOLATIONS, AND TO EXEMPT A PERSON DESIRING TO RESUME HER MAIDEN NAME FROM THE REQUIREMENTS OF THIS SECTION.
L:\COUNCIL\ACTS\141AHB06.DOC
(R223, S. 293) -- Senators Hayes and Knotts: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 171347 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER FROM GEORGIA OR NORTH CAROLINA WHO ENTERS SOUTH CAROLINA IN FRESH PURSUIT OF A PERSON HAS THE SAME AUTHORITY TO ARREST THE PERSON WITHIN THIS STATE UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE A PROCEDURE TO DETERMINE THE LAWFULNESS OF THE ARREST, THE RELEASE OF THE PERSON ARRESTED, AND THE EXTRADITION OF THE PERSON ARRESTED.
L:\COUNCIL\ACTS\293CM06.DOC
(R224, S. 384) -- Senators Lourie, Thomas, Reese, Bryant, Knotts, Sheheen, Hutto, McGill, Jackson, Ford, Scott, Malloy, Land, Gregory, Drummond, Pinckney, Cromer, Short, Matthews, Campsen, Anderson and Hawkins: AN ACT TO AMEND SECTION 1617500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLYING MINORS WITH CIGARETTES OR TOBACCO, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO DISTRIBUTING TO AND PURCHASING FOR MINORS ANY TOBACCO PRODUCT; TO PROVIDE THAT IT IS UNLAWFUL TO SELL A TOBACCO PRODUCT TO AN INDIVIDUAL WHO DOES NOT PRESENT PROOF OF AGE; TO PROVIDE THAT IT IS A DEFENSE TO REASONABLY RELY ON THE PROOF OF AGE AN INDIVIDUAL PROVIDES; TO PROVIDE THAT IT IS UNLAWFUL TO SELL A TOBACCO PRODUCT THROUGH A VENDING MACHINE UNLESS THE LOCATION IS ONLY OPEN TO INDIVIDUALS OVER EIGHTEEN OR UNLESS THE VENDING MACHINE IS UNDER CONTINUOUS CONTROL BY THE OWNER, AND TO INCREASE FINES FOR VIOLATIONS; TO PROVIDE THAT IT IS UNLAWFUL FOR AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE TO PURCHASE OR POSSESS, OR ATTEMPT TO PURCHASE OR POSSESS, A TOBACCO PRODUCT OR TO OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT; TO PROVIDE THAT A VIOLATION BY A MINOR IS A NONCRIMINAL, CIVIL VIOLATION AND IN LIEU OF IMPOSING A FINE, A MINOR MAY BE REQUIRED TO ATTEND A SMOKING CESSATION PROGRAM OR PERFORM COMMUNITY SERVICE; TO PROVIDE THAT A MINOR’S DRIVING PRIVILEGES MAY BE DELAYED OR RESTRICTED IF THE MINOR FAILS TO PAY THE FINE OR COMPLETE AN ALTERNATIVE REQUIREMENT; TO PROVIDE THAT A UNIFORM TRAFFIC TICKET MAY BE USED FOR CITING A VIOLATION BY A MINOR; TO REQUIRE LAW ENFORCEMENT TO NOTIFY THE MINOR’S PARENTS OF THE VIOLATION; TO PLACE JURISDICTION OF THESE CASES ONLY IN THE MUNICIPAL AND MAGISTRATE’S COURTS; AND TO REQUIRE RETAIL ESTABLISHMENTS SELLING TOBACCO PRODUCTS TO TRAIN ITS EMPLOYEES REGARDING UNLAWFUL SALES TO MINORS; AND TO AMEND SECTION 16-17-501, RELATING TO, AMONG OTHER THINGS, THE DEFINITION OF “PROOF OF AGE” WITH REGARD TO THE SALE AND PURCHASE OF TOBACCO, SO AS TO PROVIDE THAT AN IDENTIFICATION CARD ISSUED BY THE STATE OR THE UNITED STATES ARMED SERVICES IS ACCEPTABLE PROOF OF AGE; AND TO DELETE THE PROVISIONS DISBURSING FINES COLLECTED.
L:\COUNCIL\ACTS\384AC06.DOC
(R225, S. 617) -- Senators Alexander, Setzler, Short, Verdin, Ryberg, Knotts, Campsen and Ritchie: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE, INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATEOPERATED RETIREMENT SYSTEMS, AND THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICANBASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM; AND TO PROPOSE A FURTHER AMENDMENT TO SECTION 16, ARTICLE X, SO AS TO ELIMINATE THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.
L:\COUNCIL\ACTS\617HTC06.DOC
(R226, S. 947) -- Senators Courson, Hayes, Matthews, Setzler, Lourie, Short, Fair, Leventis, Land, Alexander, Ford, Gregory, O’Dell, Malloy, Moore, McConnell, J.Verne Smith, Sheheen, McGill, Knotts, Cleary, Richardson, Jackson, Patterson and Hutto: A JOINT RESOLUTION TO PROVIDE THAT ACT 99 OF 1999, THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS ACT, IS REAUTHORIZED UNTIL JULY 1, 2013.
L:\COUNCIL\ACTS\947SD06.DOC
(R227, S. 1024) -- Senator Thomas: A JOINT RESOLUTION TO POSTPONE UNTIL 2007 THE IMPLEMENTATION OF THE VALUES DETERMINED IN GREENVILLE COUNTY’S MOST RECENTLY COMPLETED COUNTYWIDE APPRAISAL AND EQUALIZATION PLAN.
L:\COUNCIL\ACTS\1024HTC06.DOC
(R228, S. 1036) -- Senators Hayes, Peeler, Short and Gregory: AN ACT TO DESIGNATE SECTIONS 1, 2, 3, AND 4 OF ACT 967 OF 1962, AS AMENDED, RELATING TO YORK COUNTY COMMISSION FOR TECHNICAL EDUCATION AS SECTIONS 59531310, 59531320, 59531330, AND 59531340 OF THE 1976 CODE TO BE CONTAINED IN ARTICLE 16, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ENTITLED “YORK COMMISSION FOR TECHNICAL EDUCATION”; AND TO AMEND ARTICLE 16, CHAPTER 53 OF TITLE 59, RELATING TO THE YORK COMMISSION FOR TECHNICAL EDUCATION, SO AS TO ADD A MEMBER TO THE COMMISSION FROM CHESTER COUNTY AND A MEMBER FROM LANCASTER COUNTY, TO PROVIDE FOR THEIR APPOINTMENTS AND TERMS OF OFFICE; AND TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.
L:\COUNCIL\ACTS\1036SD06.DOC
(R229, S. 1074) -- Senator O’Dell: AN ACT TO AMEND SECTIONS 5953210 AND 5953240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE TRICOUNTY TECHNICAL COLLEGE DISTRICT AND THE TRICOUNTY TECHNICAL COLLEGE COMMISSION AND THE EDUCATION INSTITUTION CREATED AND OPERATED BY THE COMMISSION, SO AS TO CHANGE THE NAME OF THE DISTRICT TO THE TRICOUNTY TECHNICAL AND COMMUNITY COLLEGE DISTRICT, TO CHANGE THE NAME OF THE COMMISSION TO THE TRICOUNTY TECHNICAL AND COMMUNITY COLLEGE COMMISSION, AND TO AUTHORIZE THE COMMISSION TO NAME THE EDUCATIONAL INSTITUTION CREATED AND OPERATED BY IT AS THE TRICOUNTY COMMUNITY COLLEGE.
L:\COUNCIL\ACTS\1074HTC06.DOC
(R230, S. 1078) -- Senators Cleary, Rankin and McGill: AN ACT TO AMEND JOINT RESOLUTION 272 OF 1985, RELATING TO THE MURRELL’S INLETGARDEN CITY FIRE DISTRICT IN GEORGETOWN AND HORRY COUNTIES, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO USE A PORTION OF THE IMPACT FEES TO CONSTRUCT A FACILITY OR BUILDING IN WHICH TO HOUSE OR STORE FIRE FIGHTING EQUIPMENT.
L:\COUNCIL\ACTS\1078DW06.DOC
(R231, H. 3221) -- Reps. Clemmons, Rice, Simrill, Mahaffey, Wilkins, Harrell, Harrison, Cato, J.Brown, Townsend, Edge, Merrill, Chellis, Ott, R.Brown, Mack, Barfield, Witherspoon, Duncan, M.A.Pitts, Owens, Chalk, Bailey, Ceips, Haley, Viers, Hardwick and Toole: AN ACT TO AMEND ARTICLE 5, CHAPTER 6, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREES AND INDIVIDUALS POOLING TOGETHER FOR SAVINGS ACT (SCRIPTS), SO AS TO CHANGE THE NAME OF THIS ACT TO THE GAP ASSISTANCE PHARMACY PROGRAM FOR SENIORS ACT AND TO PROVIDE THAT THIS PROGRAM CREATED WITHIN THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES MUST COORDINATE WITH MEDICARE PART D TO PROVIDE TO LOW INCOME SENIOR RESIDENTS ASSISTANCE WITH THE COST OF PRESCRIPTION DRUGS DURING THE ANNUAL MEDICARE PART D COVERAGE GAP, TO REQUIRE THAT A PARTICIPANT BE ENROLLED IN A GAPS PARTICIPATING MEDICARE PART D DRUG PLAN, TO CLARIFY OTHER ELIGIBILITY CRITERIA, AND TO SPECIFY THAT AN ENROLLEE IS ENTITLED TO BENEFITS WHEN THE ENROLLEE’S ANNUAL OUTOFPOCKET DRUG EXPENSES REACH THE POINT THAT STANDARD MEDICARE PART D BENEFITS ARE NO LONGER AVAILABLE AND THAT BENEFITS TERMINATE WHEN THE PARTICIPANT’S ANNUAL OUTOFPOCKET EXPENSES REACH THE POINT THAT CATASTROPHIC MEDICARE PART D BENEFITS BECOME AVAILABLE; AND TO REPEAL CHAPTER 130, TITLE 44, RELATING TO THE SOUTH CAROLINA SENIORS’ PRESCRIPTION DRUG PROGRAM ACT.
L:\COUNCIL\ACTS\3221AC06.DOC
(R232, H. 3335) -- Reps. Limehouse, Hagood, Merrill, Whipper, Altman, Breeland, R.Brown, Chellis, Harrell, Hinson, Mack, Scarborough, Umphlett, Ceips and Miller: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11676 SO AS TO DESIGNATE SWEET GRASS BASKET THE OFFICIAL STATE LOWCOUNTRY HANDCRAFT.
L:\COUNCIL\ACTS\3335DW06.DOC
(R233, H. 3381) -- Reps. Cato, Skelton, Jennings, W.D.Smith, Townsend, Merrill, Ott, Rice, Mack, Viers and Walker: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 39 SO AS TO ENACT THE “SOUTH CAROLINA LANDOWNER AND ADVERTISING PROTECTION AND PROPERTY VALUATION ACT”, TO DEFINE THE TERMS “LOCAL GOVERNING BODY”, “OFFPREMISES OUTDOOR ADVERTISING SIGN”, “JUST COMPENSATION”, AND “SIGN OWNER”, TO AUTHORIZE LOCAL GOVERNMENTS TO REQUIRE THE REMOVAL OF NONCONFORMING OFFPREMISES OUTDOOR ADVERTISING SIGNS AND TO REGULATE THE USE OF THEM, TO ALLOW LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT; BY ADDING SECTION 5725145 SO AS TO RESTRICT THE USE OF OFFPREMISES OUTDOOR ADVERTISING SIGNS FOR ADULT OR SEXUALLYORIENTED BUSINESSES WITHIN ONE MILE OF A PUBLIC HIGHWAY AND TO PROVIDE A CRIMINAL PENALTY FOR A VIOLATION OF THIS RESTRICTION; TO AMEND SECTION 5725120, AS AMENDED, RELATING TO DEFINITIONS FOR THE PURPOSES OF THE HIGHWAY ADVERTISING CONTROL ACT, SO AS TO ADD THE TERMS “ADULT BUSINESS”, “SEMINUDITY”, “SEXUALLYORIENTED BUSINESS”, AND “SEXUALLYORIENTED MATERIALS”; AND TO AMEND SECTION 5725130, AS AMENDED, RELATING TO THE DECLARATION OF THE PURPOSE OF THE HIGHWAY ADVERTISING CONTROL ACT, SO AS TO INCLUDE MITIGATING THE SECONDARY EFFECTS OF SEXUALLYORIENTED BUSINESSES AND LIMITING HARM TO MINORS.
L:\COUNCIL\ACTS\3381AHB06.DOC
(R234, H. 4365) -- Rep. Rhoad: AN ACT TO AMEND SECTION 7790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BAMBERG COUNTY, SO AS TO DELETE ARCHAIC LANGUAGE, TO DELETE A SPECIFIC REFERENCE TO A VOTING PLACE, AND TO PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE DETERMINED BY THE BAMBERG COUNTY REGISTRATION AND ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE BAMBERG COUNTY LEGISLATIVE DELEGATION.
L:\COUNCIL\ACTS\4365DW06.DOC
(R235, H. 4385) -- Reps. Chalk and Herbkersman: AN ACT TO AMEND ACT 596 OF 1969, AS AMENDED, RELATING TO THE HILTON HEAD NO. 1 PUBLIC SERVICE DISTRICT IN BEAUFORT COUNTY, SO AS TO EXTEND THE TERMS OF COMMISSIONERS CURRENTLY SERVING BY ONE YEAR SO AS TO HAVE THEIR ELECTION IN EVENNUMBERED YEARS.
L:\COUNCIL\ACTS\4385SD06.DOC
(R236, H. 4494) -- Reps. Hosey and Rhoad: AN ACT TO CREATE THE BARNWELL COUNTY BOARD OF ELECTIONS AND REGISTRATION AND TO ABOLISH THE BARNWELL COUNTY BOARD OF VOTER REGISTRATION AND THE BARNWELL COUNTY ELECTION COMMISSION.
L:\COUNCIL\ACTS\4494DW06.DOC
PRESIDENT PRESIDES
At 11:28 A.M., the PRESIDENT assumed the Chair.
REGULATION RECEIVED
The following was received and referred to the appropriate committee for consideration:
Document No. 3040
Agency: Department of Natural Resources
310, 50-11-335, 50-11-350, 50-11-390, 50-11-430, 50-11-500, 50-11-520, 50-11-530 50-11-854, and 50-11-2200
SUBJECT: Hunting in Wildlife Management Areas
Received by Lieutenant Governor February 14, 2006
Referred to Fish, Game and Forestry Committee
Legislative Review Expiration January 21, 2007
(Subject to Sine Die Revision)
Doctor of the Day
Senator McCONNELL introduced Dr. Richard Kline of Mount Pleasant, S.C., Doctor of the Day.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S. 1146 -- Senators Campsen and Gregory: A BILL TO AMEND SECTION 50-21-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO PLACE AIDS TO NAVIGATION AND REGULATORY MARKERS IN THE WATERS OF THIS STATE UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE MANNER IN WHICH THE DEPARTMENT REGULATES THE UNIFORM MARKING OF THE WATERS OF THIS STATE AND THE OPERATION OF WATER DEVICES AND WATERCRAFT THROUGH THE USE OF REGULATORY MARKERS.
l:\council\bills\gjk\20737sd06.doc
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 1147 -- Senators O'Dell and McGill: A BILL TO AMEND SECTION 40-79-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE TO ENGAGE IN AN ALARM SYSTEM BUSINESS, SO AS TO SPECIFY THE NATIONAL TRAINING COURSE REQUIREMENTS TO BE LICENSED TO ENGAGE IN THE BURGLAR ALARM BUSINESS OR THE FIRE ALARM BUSINESS.
l:\council\bills\nbd\12134ac06.doc
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1148 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE SENATE UPON THE PASSING OF DR. JOSEPH M. STILL, JR. AND TO EXPRESS THE DEEPEST SYMPATHY TO HIS FAMILY, MANY FRIENDS, AND COLLEAGUES.
l:\council\bills\nbd\12142ac06.doc
The Senate Resolution was adopted.
S. 1149 -- Senator Martin: A SENATE RESOLUTION CONGRATULATING TOMMY PRESTON, JR. OF CLEMSON, SOUTH CAROLINA, UPON THE OCCASION OF HIS ELECTION AS STUDENT BODY PRESIDENT AT THE UNIVERSITY OF SOUTH CAROLINA, AND TO WISH HIM MUCH SUCCESS DURING HIS TERM AND IN HIS FUTURE ENDEAVORS.
l:\s-res\lam\022tomm.mrh.doc
The Senate Resolution was adopted.
S. 1150 -- Senators Matthews, Hutto and Land: A BILL TO AMEND SECTION 27-16-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF BINGO BY THE CATAWBA INDIAN TRIBE UNDER THE CATAWBA INDIAN CLAIMS SETTLEMENT ACT AND THE TERMS AND CONDITIONS RELATING THERETO, SO AS TO REPEAL ANY RIGHT OF THE CATAWBA INDIAN TRIBE TO OPERATE VIDEO POKER AND SIMILAR ELECTRONIC PLAY DEVICES AND TO ALSO PERMIT THE TRIBE TO CONDUCT CLASS II ELECTRONIC BINGO GAMING AT A SINGLE TRIBAL FACILITY LOCATED IN ORANGEBURG COUNTY; TO AMEND CHAPTER 16 OF TITLE 27, RELATING TO THE CATAWBA INDIAN CLAIMS SETTLEMENT ACT, BY ADDING SECTIONS 27-16-200 THROUGH 27-16-350 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE CATAWBA INDIAN TRIBE MAY DEVELOP AND OPERATE A CLASS II ELECTRONIC BINGO FACILITY AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; BY ADDING SECTION 12-8-2050 SO AS TO PROVIDE THAT THE CATAWBA INDIAN TRIBE AND ITS ELECTRONIC BINGO FACILITY OPERATION SHALL COMPLY WITH ALL APPLICABLE REPORTING AND WITHHOLDING REQUIREMENTS OF THE INTERNAL REVENUE SERVICE AND THE SOUTH CAROLINA DEPARTMENT OF REVENUE; BY ADDING SECTION 12-21-4285 SO AS TO PROVIDE THAT NOTHING IN EXISTING BINGO REGULATORY PROVISIONS OF LAW MAY BE DEEMED TO AUTHORIZE THE STATE TO IMPOSE ANY TAX, FEE, CHARGE, OR ASSESSMENT UPON THE CATAWBA INDIAN TRIBE AND ITS GAMING OPERATION EXCEPT FOR CHARGES EXPRESSLY AUTHORIZED PURSUANT TO CHAPTER 16 OF TITLE 27; AND TO PROVIDE FOR THE EFFECTIVE DATE OF THE ABOVE PROVISIONS INCLUDING A REQUIREMENT THAT THE EXECUTIVE COMMITTEE OF THE TRIBE FILE A CERTIFICATION WITH THE SECRETARY OF STATE THAT THE EXECUTIVE COMMITTEE OF THE TRIBE HAS VOTED TO WAIVE AND DISCLAIM ANY RIGHT TO OPERATE VIDEO POKER DEVICES AND TO DISMISS ANY PENDING LAWSUITS OR TO BRING FURTHER LAWSUITS AGAINST THE STATE OF SOUTH CAROLINA ON THIS BASIS.
l:\council\bills\gjk\20784sd06.doc
Read the first time and referred to the Committee on Judiciary.
H. 4607 -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT THE INTERSECTION ON INTERSTATE HIGHWAY 95 AND SOUTH CAROLINA HIGHWAY 9 IN DILLON COUNTY IN HONOR OF RETIRED FAMILY COURT JUDGE WILLIAM J. MCLEOD IN RECOGNITION OF HIS MANY CONTRIBUTIONS, AND INSTALL APPROPRIATE SIGNS OR MARKERS AT THIS INTERCHANGE CONTAINING THE WORDS "JUDGE BILL MCLEOD INTERCHANGE".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4646 -- Reps. Townsend and Skelton: A CONCURRENT RESOLUTION TO CONGRATULATE THE TWENTY-FOUR SOUTH CAROLINA TECHNICAL COLLEGE STUDENTS NAMED TO SOUTH CAROLINA'S 2006 ALL-STATE ACADEMIC TEAM IN THE ALL-USA ACADEMIC TEAM COMPETITION FOR TECHNICAL COLLEGES, COMMUNITY COLLEGES, AND JUNIOR COLLEGES SPONSORED BY PHI THETA KAPPA, THE AMERICAN ASSOCIATION OF COMMUNITY COLLEGES, AND USA TODAY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4649 -- Rep. Lucas: A CONCURRENT RESOLUTION TO HONOR THE LAKE ROBINSON RESCUE SQUAD OF HARTSVILLE ON THE OCCASION OF ITS FORTIETH ANNIVERSARY AND TO RECOGNIZE THE SQUAD'S HISTORY OF SERVICE TO THE COMMUNITY.
The Concurrent Resolution was adopted, ordered returned to the House.
REPORTS OF STANDING COMMITTEES
Senator GREGORY from the Committee on Judiciary submitted a favorable with amendment report on:
S.1029 -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O’Dell, Ritchie, Verdin, Leventis, Anderson and Ford: A JOINT RESOLUTION TO CREATE AN EMINENT DOMAIN STUDY COMMITTEE TO REVIEW THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA AND TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE.