Printed Page 3370, May 29
| Printed Page 3390, May 29
|
Printed Page 3370, May 29
| Printed Page 3390, May 29
| 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);
(c) festivals which have a demonstrable and significant impact on tourism;
(d) acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle baths; land protecting existing and future; public water supply, well fields, highway buffering and aquifer recharge areas; and land for wildlife preserves; and land for future public recreational facilities;
(e) nourishment, renourishment (resanding) and maintenance of beaches;
(f) dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system;
(g) maintenance of public beach access;
(h) capital improvements to the beaches and beach related facilities, such as public parking areas for beach access; dune walkovers and rest room facilities, with or without changing rooms, at public beach parks; and
(i) construction and maintenance of drainage systems.
(2) The revenue may not be used for operating expenses of tourism-related buildings."
B. Section 61-5-180 of the 1976 Code, as last amended by Section 1584 of Act 181 of 1993, is further 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 of two ounces or less. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The department in its sole discretion shall specify the terms and conditions of the permit.
(B) (1) The permit fees must be credited to the general fund of the State 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);
(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.
(g) acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle baths; land protecting existing and future; public water supply, well fields, highway buffering and aquifer recharge areas; and land for wildlife preserves; and land for future public recreational facilities;
(h) nourishment, renourishment (resanding) and maintenance of beaches;
(i) dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system;
(j) maintenance of public beach access;
(k) capital improvements to the beaches and beach related facilities, such as public parking areas for beach access; dune walkovers and rest room facilities, with or without changing rooms, at public beach parks; and
(l) construction and maintenance of drainage systems.
(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 commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue and Taxation. The question on the ballot shall read substantially as follows:
`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."
C. 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 five 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.
D. This section is effective for property tax years beginning after 1996./
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
At 5:27 P.M., the PRESIDENT assumed the Chair.
Senator PASSAILAIGUE explained the amendment.
Senator LEVENTIS argued contra to the adoption of the amendment.
Senator LEVENTIS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Courtney Drummond Fair Giese Glover Hayes Hutto Leventis Martin Matthews Moore O'Dell
Patterson Reese Russell Ryberg Saleeby Short Smith, J.V. Thomas
Cork Courson Elliott Ford Gregory Jackson McConnell McGill Mescher Passailaigue Peeler Rankin Richter Rose Setzler Smith, G. Wilson
The amendment was laid on the table.
Senator LEATHERMAN proposed the following Amendment No. 4 (PT\2577HTC.96), which was adopted:
Amend the bill, as and if amended, Section 12-6-3470(D) as contained in SECTION 13A, page 47, by adding at the end of line 30: /An employer shall request documentation as to AFDC eligibility from the South Carolina Employment Security Commission in writing within five days of employment. The commission has sixty days in which to either issue or deny this documentation./
Amend title to conform.
Senator LEVENTIS explained the amendment.
The amendment was adopted.
Having voted on the prevailing side, Senator PASSAILAIGUE moved to reconsider the vote whereby Amendment No. P-13 (4706R024.PPL) proposed by Senator LEVENTIS was adopted.
Senator PASSAILAIGUE spoke on the motion.
Senator McCONNELL spoke on the motion.
The motion to reconsider was adopted.
The question then was the adoption of Amendment No. P-13.
Senator LEVENTIS spoke on the amendment.
On motion of Senator LEVENTIS, Amendment No. P-13 was laid on the table.
Senators McCONNELL, JACKSON, FORD and J. VERNE SMITH proposed the following Amendment No. 6 (4706R018.GFM), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2, beginning on page 4, lines 39 through 42 and continuing onto page 5, lines 1 through 10, and inserting in lieu thereof the following:
/SECTION 2. A. The General Assembly finds that:
(1) The state's economy is centrally connected. As we increase the wealth-generating capacity of South Carolina's businesses, the state's per capita income will also increase. Success breeds success, and rural locations in the State which promote positive economic development momentum will tend to multiply their successes;
(2) Rural economies, left to themselves, with little incentives for positive investment will remain with little economic development momentum. On the other hand, rural economies with significant incentives to induce capital investment and job creation will strengthen the state's economy and well-being;
(3) The inducement provided in this act will encourage the creation of jobs which would not otherwise exist and will create sources of tax revenues for the State and its political subdivisions.
B. The General Assembly further finds that:
(1) As much as our state's economy depends upon economic development in our rural areas, it is equally dependent upon development in urban areas as well, particularly in the state capital;
(2) Economic development in the state capital depends upon, among other things, a strong tourism industry based upon providing a means to attract visitors from around the state to visit the state capital;
(3) The State of South Carolina has, as a matter of state policy, erected various monuments on the State House grounds to honor the contributions of various individuals and groups to the state's history, a policy which attracts thousands of visitors to the site of the monuments and visitors each year;
(4) This policy provides an immeasurable contribution to our state's commerce, as the visitors to a public monument or memorial are apt to make expenditures during their visits, which when cumulated provide a substantial economic contribution to the state capital; and
(5) Some official symbol should be placed on the State House that recognizes the special and unique experiences and contributions of African-Americans in this State, a symbol which should attract thousands of new visitors to the state capital and therefore make a substantial economic contribution to the capital city.
C. Section 12-6-1140 of the 1976 Code is amended by adding an appropriately numbered subsection to read:
"( ) contributions or gifts made to a commission established by law after January 1, 1996 for the placement of a monument upon the State House grounds, not to exceed one hundred dollars."
D. There is hereby established on the grounds of the State House an African-American History Monument. The design and placement of the monument shall be determined by the commission appointed pursuant to subsection B of this section. The commission shall make reasonable efforts to incorporate all eras of African-American history in the design. The monument shall be erected as soon as is reasonably possible after it is approved by the General Assembly by concurrent resolution and the State House Renovation Project is completed.
E. (1) An African-American History Monument Commission is created to determine the design of the monument and to determine the placement of the monument on the State House grounds. The commission is empowered and directed to raise private funds and to receive gifts and grants to carry out the purpose for which it is created. By January 1, 1997, the commission shall report the proposed design of the monument to the State House Committee for its approval. After action by the committee approving the design, the State House Committee shall cause to be introduced the concurrent resolution serving as the instrument of approval as provided in subsection A of this section. The State shall ensure proper maintenance of the monument as is done for other historical monuments on the State House grounds.
Four members must be appointed by the President Pro Tempore of the Senate, four members must be appointed by the Speaker of the House of Representatives, and one member must be appointed by the Governor. Notwithstanding Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to this commission. One of the members appointed by the President Pro Tempore must be a Senator and
one of the members appointed by the Speaker must be a member of the House of Representatives.
Commission members are not entitled to receive the subsistence, mileage, and per diem otherwise provided by law for members of state boards, committees, and commissions.
(2) The commission also shall study the feasibility of establishing an African-American History Museum analogous to the Confederate Relic Room and make recommendations with respect to its findings on this subject to the State House Committee. This new museum would collect and display historical artifacts and other items reflecting African-American history in this State. A preliminary report on this study must be made to the State House Committee no later than January 1, 1997, with a final report and recommendations due as soon as practicable thereafter.
(3) The commission established pursuant to this section is dissolved on the later of the dedication of the African-American History Monument or the final report of the commission on the feasibility of establishing an African-American History Museum.
F. The monument placed on the State House Grounds pursuant to this section shall receive the protections from removal, disturbance, or alteration provided by law and any penalty provided by law shall apply with respect to a removal, disturbance, or alteration to the monument erected pursuant to authority granted in this section./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
The amendment was adopted.
Having voted on the prevailing side, Senator PATTERSON moved to reconsider the vote whereby Amendment No. 2 (4706R019.ELP) proposed by Senators PASSAILAIGUE, RANKIN and CORK was adopted.
The motion to reconsider was adopted.
The question then was the adoption of Amendment No. 2.
Senator McCONNELL moved to table the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Courtney Drummond Fair Hayes Holland Leventis Martin Peeler Ryberg Short Smith, J.V. Thomas
Cork Courson Elliott Ford Giese Gregory Hutto Jackson Land Lander Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Rankin Reese Richter Rose Russell Setzler Smith, G. Wilson
At 6:20 P.M., Senator COURTNEY assumed the Chair.
The Senate refused to table the amendment. The question then was the adoption of Amendment No. 2.
Amendment No. 2 was adopted.
At 6:25 P.M., Senator LANDER requested a leave of absence from 6:30 - 9:00 P.M.
Senator CORK proposed the following Amendment No. 9 (4706R020.HAC), which was adopted:
Amend the bill, as and if amended, page 37, by adding an appropriately numbered new subsection after line 41, to read:
/( ) In a county where less than five percent of the work force is in manufacturing, the credit allowed is one tier higher than the credit for which the county would otherwise qualify./
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 11 (GJK\22952SD.96), which was adopted:
Amend the bill, as and if amended, in Section 4-12-30(C)(3) of the 1976 Code, by striking /thirty years/ on line 41, page 9, and inserting /twenty years/ and by striking /thirty-seven years/ on line 42, page 9, and inserting /twenty-seven years/;
Amend the bill further, as and if amended, in Section 4-29-67(C)(3) of the 1976 Code, by striking /thirty years/ on line 29, page 20, and inserting /twenty years/ and by striking /thirty-seven years/ on line 30, page 20, and inserting /twenty-seven years/.
Renumber sections to conform.
Amend totals and title to conform.
Senator LEVENTIS moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator LEVENTIS, with unanimous consent, Amendment No. 10 was taken up for immediate consideration.
Senator LEVENTIS proposed the following Amendment No. 10 (GJK\22953SD.96), which was adopted:
Amend the bill, as and if amended, by striking SECTION 11 which begins on line 10 of page 43.
Renumber sections to conform.
Amend totals and title to conform.
Senator LEVENTIS moved that the amendment be adopted.
Printed Page 3370, May 29
| Printed Page 3390, May 29
| This web page was last updated on Monday, June 29, 2009 at 1:59 P.M.