Joe MackWe are in the new legislative year, and the most offensive issue we must address is gambling expansion.
The Catawba tribal leadership recently sued the state to bring video poker to their reservation in Rock Hill. A Master in Equity judge sided with the Catawbas and the case is being appealed.
I expect some of the pro-gambling legislators to submit a bill to pave the way for a casino on I-95. However, any such legislation would be completely inappropriate until we know the outcome of the pending court cases.
Representatives Herb Kirsh, Bill Cotty, Gilda Cobb-Hunter, George Bailey and Bill Clyburn have offered a bill that abolishes the advertising limit placed on the lottery commission – currently at $7.5 million.
This bill also allows vendors to be paid commissions or fees they do not currently enjoy. The third component of this bill allows sales of tickets on a primary or general election day. This is the first time anyone has attempted to weaken the initial lottery legislation.
Several active bills deal with life issues this year. The Unborn Victims Act of 2005 defines a person to include an unborn child at every stage of gestation – from conception until live birth. The Right to Life Act determines that the rights to due process and equal protection under the law begin at fertilization.
One other life issue bill terminates parental rights of an adoptive child when the child was conceived as a result of criminal misconduct or incest.
Common-law marriage is another issue moving through the system. Currently, South Carolina is one of only nine states that recognizes it. Contrary to popular myth, there is no time limit that quantifies common-law marriage, nor are there any definite criteria to define it.
Problems come when the couple decides their “marriage” is over or when one partner dies. A common-law marriage may be recognized if a man and woman intend for others to believe they are married and can prove their intention. Often, common-law spouses wrongly assume financial and legal protections are afforded to them as if they are in a legally sanctioned marriage.