Senate Journal for June 29, 1999 - South Carolina Legislature Online

TUESDAY, JUNE 29, 1999

JOURNAL

of the

SENATE

of the

STATE OF SOUTH CAROLINA

_____

Extra Session Beginning Tuesday, June 29, 1999

_____

Tuesday, June 29, 1999

The extra session of the General Assembly of the State of South Carolina, begun and holden at Columbia on the fifth Tuesday in June, being the 29th day of the month.

Pursuant to the Executive Order of the Governor, the members of the Senate assembled this day in the Senate Chamber at 12 o’clock Noon.

EXECUTIVE ORDER

STATE OF SOUTH CAROLINA

EXECUTIVE OFFICE

COLUMBIA, SOUTH CAROLINA

Executive Order No. 99-32

WHEREAS, the video gaming legislation pending before the General Assembly of the State of South Carolina is a matter of great importance to the citizens of this State; and

WHEREAS, the General Assembly has been unable to agree on comprehensive video gaming legislation; and

WHEREAS, Article IV, Section 19 of the South Carolina Constitution states inter alia:

The Governor may on extraordinary occasions convene the General Assembly in extra session.

and,

WHEREAS, being mindful of the duties and responsibilities placed on me by the Constitution and laws of this State; and in determining that there exists an extraordinary occasion requiring me to convene the General Assembly in extra session prior to the next regular session of the General Assembly.

NOW, THEREFORE, pursuant to the powers conferred upon me by the Constitution and Statutes of the State of South Carolina, and by the power vested in me by Article IV, Section 19 of the Constitution of the State of South Carolina, I hereby call an extra session of the General Assembly of South Carolina to convene at the State House in Columbia on Tuesday, June 29, 1999, at Noon.

GIVEN UNDER MY HAND AND THE GREAT SEAL OF THE STATE OF SOUTH CAROLINA, THIS 24th DAY OF JUNE, 1999.

/s/JIM HODGES

Governor

ATTEST:

/s/JAMES M. MILES

Secretary of State

The Senate was called to order by the PRESIDENT, the Honorable Robert L. Peeler.

The proceedings were opened with prayer by the Chaplain, the Reverend George E. Meetze, of Columbia, S.C., as follows:

Beloved, hear the words of the Psalmist in Psalm 68 (v. 8):

“Surely for Your sake have I suffered reproach, and shame has covered my face.

I have become a stranger to my own kindred, an alien to my father’s children.”

Let us pray.

Good Lord, we remember in Greek mythology that it was Sisyphus, king of Corinth, who was condemned in Hades eternally to push a stone to the top of a hill, and it always rolled down again short of the top.

Help us to recover and regroup, and with renewed strength try once more to achieve our goals and gain the summit of success in our responsibilities in these chambers. Lord, give us more skill, more tact and more tenacity.

We join our hearts in hallowed petition in the words of Johannes Zwick in the fifteenth century:

“O God, the star of dawning day, give us that light for which we pray.

Your holy flame within us glow, that we do not lack of grace may know.”

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 James H. Hodges:

Local Appointment

Initial Appointment, Lancaster County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:

Lee R. Deese, 3301 Lee Deese Road, Kershaw, S.C. 29067 VICE T. J. Gardner (resigned)

Leave of Absence

At 7:05 P.M., Senator HUTTO requested a leave of absence until 2:00 P.M. tomorrow.

Leave of Absence

At 7:05 P.M., Senator WASHINGTON requested a leave of absence until 4:00 P.M. tomorrow.

Leave of Absence

At 7:05 P.M., Senator PASSAILAIGUE requested a leave of absence until 4:00 P.M. tomorrow.

Leave of Absence

At 7:05 P.M., Senator RYBERG requested a leave of absence until 6:00 P.M. Tuesday.

Leave of Absence

At 7:05 P.M., Senator RAVENEL requested a leave of absence for the balance of this session.

Leave of Absence

On motion of Senator J. VERNE SMITH, at 7:05 P.M., Senator LEATHERMAN was granted a leave of absence for the balance of the week.

Motion Adopted

At 12:20 P.M., Senator DRUMMOND asked unanimous consent that the Senate not proceed to consideration of matters within items 6-12 under the Order of Business provided in Rule 32, thereby remaining “in the box” for the duration of the extra session.

RECESS

At 12:20 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:00 P.M.

Motion Adopted

At 12:20 P.M., Senator ELLIOTT asked unanimous consent to be recorded as voting in favor of the Report of the Committee of Conference on H. 3002 if a roll call is ordered.

There was no objection.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S.911 -- Senators Courson, Alexander, Anderson, Bauer, Branton, Bryan, Cork,, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, J.VerneSmith, Thomas, Waldrep, Washington and Wilson: A JOINT RESOLUTION A JOINT RESOLUTION RATIFYING A PROPOSED AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES OF AMERICA RELATING TO THE DESECRATION OF THE AMERICAN FLAG.

Senator COURSON explained the Joint Resolution.

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

S.912 -- Senators Passailaigue, McConnell, Washington, Ford, Mescher, Ravenel, Branton, and Grooms: A SENATE RESOLUTION TO COMMEND AND EXPRESS DEEP APPRECIATION TO MR.FRANK O.HUNT FOR HIS MANY YEARS OF DEDICATED SERVICE AND OUTSTANDING INVESTIGATIVE REPORTING IN THE CHARLESTON AREA, UPON HIS RETIREMENT FROM WCIVTV.

The Senate Resolution was adopted.

S.913 -- Senator J.Verne Smith: A CONCURRENT RESOLUTION TO RECOGNIZE MRS.BARBARA B.STONE, EXECUTIVE DIRECTOR OF THE GREENVILLE COUNTY DISABILITIES AND SPECIAL NEEDS BOARD, FOR HER THIRTY YEARS OF CONTRIBUTIONS TO THE BOARD ON THE OCCASION OF HER RETIREMENT.

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

S.914 -- Senator Land: A CONCURRENT RESOLUTION APPLAUDING THE ACE CLUB OF MANNING ELEMENTARY SCHOOL IN CLARENDON COUNTY FOR ITS OUTSTANDING EFFORTS IN CARING FOR THE ENVIRONMENT AND CONGRATULATING THE CLUB MEMBERS ON THEIR RECOGNITION AS CHAMPIONS OF THE ENVIRONMENT FOR 1998 AND 1999 AND AS WINNERS OF THE 1999 EAGLES ENVIRONMENTAL AWARD.

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

H. 4264 -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G.Brown, H.Brown, J.Brown, T.Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, CobbHunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J.Hines, M.Hines, Hinson, Hosey, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M.McLeod, W.McLeod, McMahand, Meacham, Miller, MoodyLawrence, Neal, J.M.Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D.Smith, F.Smith, J.Smith, R.Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and YoungBrickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING BARBARA L. HAYNES OF COLUMBIA FOR HER MANY YEARS OF DEDICATED SERVICE TO THE STATE AS AN EMPLOYEE OF THE LEGISLATIVE COUNCIL, AND WISHING HER HAPPINESS UPON HER RETIREMENT.

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

H. 4265 -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G.Brown, H.Brown, J.Brown, T.Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, CobbHunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J.Hines, M.Hines, Hinson, Hosey, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M.McLeod, W.McLeod, McMahand, Meacham, Miller, MoodyLawrence, Neal, J.M.Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D.Smith, F.Smith, J.Smith, R.Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and YoungBrickell: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND EVELYN GEORGIANA MOONEYHAM OF COLUMBIA FOR MORE THAN THIRTY YEARS OF OUTSTANDING SERVICE TO THE STATE OF SOUTH CAROLINA, TO EXPRESS THE GENUINE AND DEEP APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR HER DEDICATED SERVICE ON BEHALF OF THE PEOPLE OF SOUTH CAROLINA AS PART OF THE LEGISLATIVE PROCESS, ESPECIALLY FOR HER LOYALTY AND TIRELESS EFFORTS WHILE WORKING WITH THE SENATE JUDICIARY COMMITTEE AND THE SOUTH CAROLINA LEGISLATIVE COUNCIL, AND TO EXTEND BEST WISHES TO HER ON THE OCCASION OF HER RETIREMENT FROM PUBLIC SERVICE.

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

AFTERNOON SESSION

The Senate reassembled at 2:00 P.M., and was called to order by the PRESIDENT.

RECESS

At 2:00 P.M., on motion of Senator PEELER, the Senate receded from business until 3:00 P.M.

At 3:05 P.M., the Senate resumed.

RECESS

At 3:05 P.M., on motion of Senator HOLLAND, the Senate receded from business until 3:20 P.M.

At 3:25 P.M., the Senate resumed.

RECESS

At 3:25 P.M., on motion of Senator MARTIN, the Senate receded from business until 4:00 P.M.

At 4:05 P.M., the Senate resumed.

REPORT ON H. 3002

Senator MOORE was recognized to update the Senate on the progress the conferees had made on potential modifications to the Free Conference Report on H. 3002.

Motion Adopted

On motion of Senator MOORE, with unanimous consent, Senators HAYES, PASSAILAIGUE and MOORE were granted leave to be counted in any quorum calls while meeting with the House conferees on H. 3002.

RECESS

At 5:05 P.M., on motion of Senator HOLLAND, the Senate receded from business subject to the Call of the Chair.

At 7:00 P.M., the Senate resumed.

ADOPTION OF FREE CONFERENCE REPORT

RECONSIDERED AND WITHDRAWN

SECOND FREE CONFERENCE REPORT

SUBMITTED AND ADOPTED

H.3002 -- Reps. Wilkins, Hawkins, Altman, J.Brown, Loftis, Leach, Kelley, Harvin, Walker, D.Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser, Sandifer, Cato, Simrill, Allison, Harrison, Barfield, McGee, Meacham, Hamilton, Koon, Fleming, Martin, Mason, Gilham, Emory, McCraw, Edge, Robinson and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1619170, ENACTING THE GAMBLING CRUISE PROHIBITION ACT, SO AS TO PROHIBIT GAMBLING ON A CRAFT THAT EMBARKS AND DISEMBARKS FROM ANY POINT IN THIS STATE AND TO MAKE THIS PROHIBITION APPLY WHETHER OR NOT THE GAMBLING ACTIVITIES ARE CONDUCTED WITHIN THE WATERS OF THIS STATE, AND TO PROVIDE A PENALTY.

Senator MOORE asked unanimous consent to make a motion to reconsider the vote whereby the Senate adopted the Free Conference Report.

There was no objection.

On motion of Senator MOORE, with unanimous consent, the Free Conference Report was withdrawn.

Senator MOORE, with unanimous consent, moved that the second Report of Free Conference be adopted with the Journal reflecting the same roll call vote as was taken on the adoption of the first report, unless a member notifies the Desk that he or she wishes to vote differently.

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

Ayes 43; Nays 3

AYES

AlexanderAndersonBauer

BrantonBryanCork

CoursonCourtneyElliott

FordGieseGlover

Gregory*GroomsHayes

HollandHuttoJackson

LandLeatherman*Leventis

MartinMatthewsMcConnell

McGillMescher Moore

O'DellPassailaiguePatterson

PeelerRankinRavenel

ReeseRussell*Saleeby

SetzlerShortSmith, J. Verne

Thomas*WaldrepWashington

Wilson *

Total--43

NAYS

RybergDrummondFair

Total--3

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

A new Report of Free Conference was submitted and adopted as follows:

H. 3002 -- FREE CONFERENCE REPORT

The General Assembly, Columbia, South Carolina

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer’s Version 05/18/99--H.)

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

/PART I

Prohibition on Payouts

SECTION1.Section 12212710 of the 1976 Code, as amended by Act 155 of 1997, is further amended to read:

“Section 12212710. It is unlawful for any person to keep on his premises or operate or permit to be kept on his premises or operated within this State any vending or slot machine, or any video game machine with a free play feature operated by a slot in which is deposited a coin or thing of value, or other device operated by a slot in which is deposited a coin or thing of value for the play of poker, blackjack, keno, lotto, bingo, or craps, or any machine or device licensed pursuant to Section 12212720 and used for gambling or any punch board, pull board, or other device pertaining to games of chance of whatever name or kind, including those machines, boards, or other devices that display different pictures, words, or symbols, at different plays or different numbers, whether in words or figures or, which deposit tokens or coins at regular intervals or in varying numbers to the player or in the machine, but the provisions of this section do not extend to coinoperated nonpayout pin tables, inline pin games, and video games with free play feature which meet the technical requirements provided for in Section 12212782 and Section 12212783, or to automatic weighing, measuring, musical, and vending machines which are constructed as to give a certain uniform and fair return in value for each coin deposited and in which there is no element of chance.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for a period of not more than one year, or both.”

SECTION2.Section 12212712 of the 1976 Code is amended to read:

“Section 12212712. Any vending or slot machine, punch board, or other device pertaining to games of chance prohibited by Section 12212710 must be seized by any officer of the lawlaw enforcement officer and at once taken before any magistrate of the county in which the machine, board, or device is seized who shall immediately examine it, and if he is satisfied that it is in violation of Section 12212710 or any other law of this State, he shall direct that it be immediately destroyed.”

SECTION3.A. Section 12212720(A)(3) of the 1976 Code, as last amended by Section 148, Act 181 of 1993, is further amended to read:

“(3)a machine of the nonpayout type, or inline pin game, or video game with free play feature operated by a slot in which is deposited a coin or thing of value except machines of the nonpayout pin table type with levers or `flippers’ operated by the player by which the course of the balls may be altered or changed.”

B.Section 12212720(C) of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:

“(C)The owner or operator of any coinoperated device which is exempt from Section 161960 and is subject to licensing under Section 12212720(A)(3) and which has multiplayer stations, shall purchase a separate license for each such station and any such multiplayer station counts as a machine when determining the number of machines authorized for licensure under Section 12212804(A).”

C.Section 12212720 of the 1976 Code, as last amended by Act 155 of 1997, is further amended by deleting subsections (E) and (F), which read:

“(E)The department shall not issue a license for the operation of a video game with a free play feature which is located or intended to be located on a watercraft or vessel plying the territorial waters of this State.

(F)Four hundred dollars of the four thousand dollar license fee imposed in subsection (A) may be retained by the department and expended in budgeted operations for the implementation and ongoing operation of the monitoring system required by law or in other programs and services as the director may determine necessary and appropriate.”

SECTION4.Section 12212726 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:

“Section 12212726. Every person who maintains for use or permits the use of, on a place or premises occupied by him, a machine subject to the license imposed by this article by way of proof of licensing must have a current license displayed conspicuously on the front of the machine. Except for the provisions of Sections 12212774 and 12212776, each machine licensed pursuant to this section must be operated in a standalone fashion and may not be linked in any way to another coinoperated machine or device.”

SECTION5.Section 161940 of the 1976 Code is amended to read:

“Section 161940. If any person shall play at any tavern, inn, store for the retailing of spirituous liquors or in any house used as a place of gaming, barn, kitchen, stable or other outhouse, street, highway, open wood, race field or open place at (a) any game with cards or dice, (b) any gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (c) any roleypoley table, (d) rouge et noir, (e) any faro bank or (f) any other table or bank of the same or the like kind under any denomination whatsoever or (g) any machine or device licensed pursuant to Section 12212720 and used for gambling purposes, except the games of billiards, bowls, backgammon, chess, draughts, or whist when there is no betting on any such game of billiards, bowls, backgammon, chess, draughts, or whist or shall bet on the sides or hands of such as do game, upon being convicted thereof, before any magistrate, shall be imprisoned for a period of not over thirty days or shall suffer a fine offined not over one hundred dollars, and every person so keeping such tavern, inn, retail store, public place, or house used as a place for gaming or such other house shall, upon being convicted thereof, upon indictment, be imprisoned for a period not exceeding twelve months and forfeit a sum not exceeding two thousand dollars, for each and every offense.”