Printed Page 3980, May 22
| Printed Page 4000, May 22
|
Printed Page 3980, May 22
| Printed Page 4000, May 22
| Amend further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Section 61-3-440 of the 1976 Code, as last amended by Section 1583 of Act 181 of 1993, is further amended to read:
"Section 61-3-440. The department shall not grant or issue any license provided for in this chapter, Chapter 7, and Article 3 of Chapter 13, if the place of business is within three hundred feet of any church, school, or playground situated within a municipality or within five hundred feet of any church, school, or playground situated outside of a municipality. Such distance shall be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of such church, school, or playground, which, as used herein, shall be defined as follows:
(1) `Church', an establishment, other than a private dwelling, where religious services are usually conducted;
(2) `School', an establishment, other than a private dwelling where the usual processes of education are usually conducted; and
(3) `Playground', a place, other than grounds at a private dwelling, which is provided by the public or members of a community for recreation.
The above restrictions shall do not apply to the renewal of licenses existing on July 10, 1960 or to locations then existing , and they do not apply to new applications for locations which are licensed at the time the new application is filed with the department."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KELLEY explained the amendment.
Rep. KELLEY continued speaking.
The amendment was then adopted.
Reps. KELLEY, KEEGAN and WITHERSPOON proposed the following Amendment No. 4 (Doc Name P:\amend\PT\2565JM.96).
Amend the bill, as and if amended, by adding new sections to read:
"Section 61-9-312. (A) In counties or municipalities where temporary permits are authorized to be issued pursuant to Section 61-5-180, in lieu of the retail permit fee required pursuant to Section 61-9-310, a retail dealer otherwise eligible for the retail permit under that section may elect to apply for a special version of that permit which allows sales for off-premises consumption without regard to the restrictions on the days or hours of sales provided in Sections 61-9-90, 61-9-100, 61-9-110, and 61-9-130. The annual fee for this special retail permit is one thousand dollars.
(B) Revenue generated by the fees must be credited to the general fund of the State except
that revenue generated by the fees within a county where a federal military base or installation has been
closed, or is designated to be closed and where the federal facility has reduced its permanent civilian
employment by three thousand seven hundred fifty or more jobs after December
31, 1990, for a period of ten years after the effective date of Chapter 12 of Title 31, must be credited to a
special separate and distinct account with the Budget and Control Board for support of a redevelopment
authority created therein pursuant to Chapter 12 of Title 31. All other requirements for retail permits
provided in Section 61-9-310 apply to the special permits authorized by this section.
(C) (1) Immediately following the dissolution of a redevelopment authority pursuant to Section
31-12-100 (A), the fees distributed to the dissolved redevelopment authority pursuant to subsection (B)
must be distributed to the municipality or county in which the retailer who paid the fee is located. The
revenue may only be used by the municipality or county for the following purposes:
(a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;
(b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5); and
(c) festivals which have a demonstrable and significant impact on tourism.
(2) The revenue may not be used for operating expenses of tourism-related buildings."
SECTION . Section 61-5-180 of the 1976 Code is amended to read:
"Section 61-5-180. (A) In addition to the provisions of Section 61-5-85, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers
(a) capital improvements to tourism-related buildings including, but not limited to, civic centers,
convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational
facilities;
(b) purchase or renovation of buildings which are historic properties as defined in Section
60-12-10(4) and (5);
(c) festivals which have a demonstrable and significant impact on tourism;
(d) local youth mentor programs to serve juvenile offenders under the jurisdiction of the family
court;
(e) contributions to matching funds necessary for a local government or entity to receive funding
from the Legacy Trust Fund pursuant to Chapter 22 of Title 51;
(f) contributions to a redevelopment authority pursuant to Section 31-12-10, et seq.
(2) The revenue may not be used for operating expenses of tourism-related buildings.
The department in its sole discretion shall specify the terms and conditions of the permit.
(C) Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the county or municipality, as the case may be, in not less than thirty nor more than forty days after receiving the petition. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum mutatis mutandis. The election
`Shall the South Carolina Department of Revenue and Taxation be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'
A referendum for this purpose may not be held more often than once in forty-eight months.
The expenses of any such referendum must be paid by the county or municipality conducting the referendum."
SECTION . In a county in which temporary permits may be issued pursuant to Section 61-5-180, revenue generated by the fees imposed under that section within a county where a federal military base or installation has been closed, or is designated to be closed and where the federal facility has reduced its permanent civilian employment by seven hundred fifty or more jobs, but not more than two thousand nine hundred ninety-nine jobs, after December 31, 1990, for a period of three years beginning July 1, 1997, must be credited to a special separate and distinct account with the Budget and Control Board for support of a redevelopment authority created therein pursuant to Chapter 12 of Title 31.
Amend effective date to reflect these new sections' special effective date.
SECTION . Section 1 of this act takes effect July 1, 1996, and Sections 2 and 3 of this act take effect July 1, 1997. Amend effective date to reflect these new section's special effective date./
Amend title to conform.
Rep. KELLEY explained the amendment.
Rep. D. SMITH spoke upon the amendment.
Rep. D. SMITH continued speaking.
Rep. KELLEY spoke in favor of the amendment and moved to adjourn debate upon the Bill, which was adopted.
Rep. LIMBAUGH moved to adjourn debate upon the following Bill, which was adopted.
S. 1152 -- Senator Fair: A BILL TO AMEND SECTION 16-15-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON CERTAIN CHILDREN, SO AS TO REVISE THE AGES OF A VICTIM AND A PERPETRATOR OF THIS OFFENSE.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.
H. 5027 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO CONTINUING PROFESSIONAL COMPETENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1912, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. CARNELL moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
S. 846 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, H. Brown, J.
Brown, T. Byrd Cain Carnell Cato Cave Chamblee Clyburn Cotty Dantzler Delleney Easterday Felder Fulmer Gamble Hallman Harrell Harris, J. Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Mason McAbee McCraw McKay Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Rice Richardson Riser Rogers Sandifer Scott Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Wilder Wilkes Wilkins Williams Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. CARNELL,
The following Bill was taken up.
H. 4251 -- Rep. Hodges: A BILL TO AMEND SECTIONS 56-5-6520, 56-5-6530, AND 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SAFETY BELTS, SO AS TO MAKE A DRIVER RESPONSIBLE FOR REQUIRING EACH OCCUPANT OF A MOTOR VEHICLE UNDER EIGHTEEN YEARS OF AGE TO WEAR A SAFETY BELT OR ANOTHER CHILD RESTRAINT SYSTEM, TO CREATE THE OFFENSE OF FAILURE TO SECURE A SAFETY BELT ON A MINOR, TO PROVIDE FOR PENALTIES AND EXCEPTIONS TO THIS OFFENSE, TO REVISE THE PROVISIONS WHICH EXCLUDE CERTAIN OCCUPANTS FROM WEARING A SAFETY BELT, TO REVISE THE PENALTIES FOR VIOLATING THE MANDATORY USE OF SAFETY BELT REQUIREMENT, AND TO ALLOW A LAW ENFORCEMENT OFFICER TO STOP A DRIVER AND ISSUE A CITATION FOR A VIOLATION OF THIS REQUIREMENT.
Rep. HODGES moved to recommit the Bill to the Judiciary Committee, which was agreed to.
The following Bill was taken up.
S. 913 -- Senators Passailaigue, Ford, McConnell, Reese, Washington and Rose: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
Rep. HARRELL moved to adjourn debate upon the Bill until Thursday, May 23.
Rep. SHARPE moved to table the motion.
Those who voted in the affirmative are:
Allison Cotty Stoddard Wells Wilder
Those who voted in the negative are:
Anderson Askins Bailey Baxley Brown, H. Cain Carnell Cato Dantzler Delleney Easterday Fulmer Gamble Harrell Harris, J. Herdklotz Hines, M. Hodges Hutson Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Mason McAbee McCraw McKay McTeer Meacham Moody-Lawrence Neilson Phillips Rhoad Rice Richardson Riser Robinson Sandifer Seithel Shissias Simrill Smith, D. Smith, R. Spearman Stille Townsend Vaughn Waldrop Walker Whatley Wilkes Wilkins Witherspoon Wofford Wright Young Young-Brickell
So, the House refused to table the motion to adjourn debate.
The question then recurred to the motion to adjourn debate, which was agreed to.
The following Bill was taken up.
S. 72 -- Senators McConnell and Hayes: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A HUSBAND AND WIFE LIVING SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR MEANS A VOLUNTARY OR INVOLUNTARY SEPARATION.
Rep. SIMRILL moved to adjourn debate upon the Bill.
Rep. LIMBAUGH moved to table the motion, which was agreed to.
Reps. SIMRILL, MEACHAM, EASTERDAY, VAUGHN, MARCHBANKS, LOFTIS, HERDKLOTZ, KNOTTS and CROMER objected to the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. TOWNSEND moved that the House recur to the morning hour, which was agreed to.
The following was received.
Columbia, S.C., May 22, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1164:
S. 1164 -- Judiciary Committee: A BILL TO AMEND PART I, ARTICLE 2, CHAPTER 2, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-114, SO AS TO PROVIDE THAT IF THE PARENTS, WHO ARE HEIRS OF A CHILD PURSUANT TO 62-2-103(2), ARE DIVORCED, SEPARATED, OR LIVING APART, UPON MOTION OF EITHER PARENT, THE PROBATE COURT MAY DENY OR LIMIT EITHER PARENT'S ENTITLEMENT FOR A SHARE OF THE PROCEEDS IF THE COURT DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 22, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 370, S. 1266 by a vote of 0 to 46.
(R370) S. 1266 -- Senator Gregory: AN ACT TO AMEND SECTION 50-11-310, AS AMENDED,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR
ANTLERED DEER, SO AS TO PROHIBIT THE DEPARTMENT OF NATURAL RESOURCES FROM
PROVIDING A BREAK IN THE SEASON ON PRIVATE LANDS IN GAME ZONE 4 AND
PROHIBITING THE DEPARTMENT FROM CLOSING ANY PART OF THE DEER SEASON IN
WHICH FIREARMS ARE ALLOWED ON PRIVATE LANDS IN GAME ZONE 4.
Very respectfully,
President
Received as information.
Printed Page 3980, May 22
| Printed Page 4000, May 22
|