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Printed Page 3330, Mar. 10
| Printed Page 3350, Mar. 10
| A. The 1976 Code is amended by adding:
"Section 61-9-175. A person who purchases a retail business which sells beer or wine from a holder of a retail permit to sell beer or wine at the business may be issued a temporary retail beer or beer and wine permit by the department upon the purchase. The permit is effective until a permanent retail beer or beer and wine permit is approved or disapproved by the department.
The department shall collect a fee of twenty-five dollars for each temporary permit sought. The funds generated by the fee must be deposited in the general fund of the State."
B. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. MARTIN explained the amendment.
Rep. GOVAN spoke against the amendment.
Rep. GOVAN raised the Point of Order that Amendment No. 347 was out of order as it was not germane.
The SPEAKER stated that it was germane and he overruled the Point of Order.
Rep. GOVAN continued speaker.
Rep. INABINETT moved to table the amendment, which was not agreed to by a division vote of 44 to 47.
The question then recurred to the adoption of the amendment.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey, J. Barber Baxley Boan Brown, G. Brown, H. Carnell Elliott Fulmer Gamble Hallman Harrell Harrelson
Harris, J. Harvin Harwell Hodges Houck Jennings Keegan Kelley Kennedy Kinon Klauber Koon Law Littlejohn Martin McAbee McLeod McTeer Rhoad Richardson Riser Robinson Sharpe Shissias Smith, D. Snow Stille Stoddard Thomas Walker Wilder, J. Wilkins Witherspoon Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Baker Byrd Cato Chamblee Cooper Cromer Davenport Delleney Fair Felder Govan Graham Hines Holt Huff Hutson Inabinett Jaskwhich Keyserling Kirsh Marchbanks Mattos McElveen McMahand Moody-Lawrence Neilson Phillips Quinn Rogers Rudnick Sheheen Simrill Smith, R. Stone Stuart Trotter Vaughn Waites Whipper Wilder, D. Young, A.
So, the amendment was adopted.
Reps. FELDER, BARBER and BOAN proposed the following Amendment No. 348 (Doc Name L:\council\legis\amend\JIC\5770HTC.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
A. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-70. If a county or municipality imposes a tax or fee on the transfer of real estate which is not specifically authorized by general law, the revenues of the fee or tax must be remitted to the State Treasurer line 8, Section 10 of the Appropriations Act, 1994-1995, for deposit to the credit of the general fund of the State."
B. Section 4-9-30(12) of the 1976 Code, as last amended by Act 495 of 1988, is further amended to read:
"(12) to levy uniform license taxes upon persons and businesses engaged in or intending to engage in a business, occupation, or profession, in whole or in part, within the county but outside the corporate limits of a municipality except those persons who are engaged in the profession of teaching or who are ministers of the gospel and rabbis, except persons and businesses acting in the capacity of telephone, telegraph, gas and electric utilities, suppliers, or other utility regulated by the Public Service Commission and except an entity which is exempt from license tax under another law or a subsidiary or affiliate of any such exempt entity. If a county levies a business license tax or fee on an insurance company, the revenues of the fee or tax must be remitted to the State Treasurer line 8, Section 10, General Appropriations Act, 1994-1995 for deposit to the credit of the general fund of the State. The license tax must be graduated according to the gross income of the person or business taxed. A business engaged in making loans secured by real estate is subject to the license tax only if it has premises located in the county but outside the corporate limits of a municipality. If the person or business taxed pays a license tax to another county or to a municipality, the gross income for the purpose of computing the tax must be reduced by the amount of gross income taxed in the other county or municipality;"
Renumber sections & amend totals/title to conform.
Rep. GONZALES raised the Point of Order that Amendment No. 348 was out of order as it was not germane as it did not relate to Part I.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Reps. QUINN and HALLMAN proposed the following Amendment No. 349 (Doc Name L:\council\legis\amend\CYY\15884AC.94), which was ruled out of order. Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
A. The 1976 Code is amended by adding:
"Section 2-17-42(A) No state agency or institution may retain a lobbyist or a public relations firm unless the agency or institution enters a written contract with the lobbyist or public relations firm and the contract is approved by the board of the agency or institution if there is a governing board or by the director of the agency or institution if there is no board and the contract must be filed with the State Ethics Commission.
(B) A state agency or institution or a lobbyist or a public relations firm which, upon a determination by the State Ethics Commission, violates subsection (A) must be fined by the commission one thousand five hundred dollars a month for each month the relationship is in violation of subsection (A). The fines collected under this section must be deposited in the general fund of the State."/
Renumber sections & amend totals/title to conform.
Rep. QUINN explained the amendment.
Rep. McABEE raised the Point of Order that Amendment No. 349 was out of order as it was not germane as it did not relate to a line item in Part I.
Rep. QUINN argued contra the Point in stating that the fines imposed by the amendment were directly put into the general fund.
Rep. McABEE stated that they had to already be in Part I.
The SPEAKER stated that it had to directly relate to revenue generated or to an appropriation under Rule 5.3.
Rep. QUINN stated that it was a fine already imposed and he was directing it to the general fund.
The SPEAKER stated that it did not relate to a line item and he sustained the Point of Order and ruled the amendment out of order.
Reps. PHILLIPS and WALKER proposed the following Amendment No. 350 (Doc Name L:\council\legis\amend\DKA\3319BDW.94), which was adopted.
Amend the amendment number 187, bearing document number L:\Council\Legis\Amend\N05\7694BDW.94, sponsored by Rep. Phillips and Boan, as and if amended, page 7, subsection C, by adding at the end /Persons who have purchased a dealer license plate pursuant to Section 56-3-2320 of the 1976 Code for three hundred dollars before it was amended in this section must be reimbursed two hundred eighty dollars from the county to which that amount was remitted pursuant to this section./
Renumber sections & amend totals/title to conform.
Rep. PHILLIPS explained the amendment.
The amendment was then adopted.
Reps. QUINN and RICHARDSON proposed the following Amendment No. 351 (Doc Name L:\council\legis\amend\BBM\9025JM.94), which was tabled.
Amend the bill, as and if amended, Part II by adding an appropriately numbered SECTION to read:
A. Section 58-3-20 of the 1976 Code, as last amended by Section 1549 of Act 181 of 1993, is further amended to read:
"Section 58-3-20. The Public Service Commission shall be composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify.
The General Assembly shall provide for the election of the seven member commission and elect members thereto based upon the congressional districts established by the General Assembly pursuant to the official United States Census of 1980 1990. If the number of congressional districts is less than seven, additional members shall be elected at large to provide for a seven member commission."
B. The terms of all of the members of the Public Service Commission, whose annual salaries are paid pursuant to Part IA, Section 55 of this act and who are serving on the effective date of this section, shall terminate during Fiscal Year 1994-1995 upon the election of their successors by the General Assembly pursuant to Section 58-3-20 of the 1976 Code of Laws, as amended by subsection A of this section, and such members shall not be paid a salary pursuant to Part IA, Section 55 of this act for any period exceeding one year beyond the effective date of this section. Such election of the successors must be accomplished by the General Assembly before sine die adjournment of the 1995 Session.
C. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. QUINN explained the amendment.
Rep. BAXLEY raised the Point of Order that Amendment No. 351 was out of order as it was not germane.
Rep. QUINN argued contra the Point.
The SPEAKER stated that it related directly to salaries appropriated in Part I.
Rep. BAXLEY stated that on page 2 of the amendment it stated that they shall not be paid a salary pursuant to Part 1A, Section 55 of this Act for any period exceeding one year beyond the effective date of this section and that was affecting revenue not in this Bill but in future bills and this was violative of the provisions of Rule 5.3.
The SPEAKER stated that it also talked about the annual salaries being paid during this year and he overruled the Point of Order.
Rep. QUINN continued speaking.
Rep. RICHARDSON spoke against the amendment.
Rep. McABEE moved to table the amendment.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Baker Baxley Boan Brown, G. Brown, H. Byrd Carnell Cato Chamblee Cobb-Hunter Cooper Cromer Davenport Delleney Elliott Fair Farr Felder Graham Harrelson Harris, J. Harris, P. Harvin Haskins Holt Houck Inabinett Jaskwhich Jennings Kennedy Kinon Marchbanks Martin Mattos McAbee McCraw McLeod McTeer Neal Neilson Phillips Rhoad Scott Sheheen Snow Spearman Stille Stoddard
Stone Trotter Vaughn Waites Whipper White Wilder, D. Wilder, J. Williams Witherspoon
Those who voted in the negative are:
Bailey, J. Canty Clyborne Corning Fulmer Gamble Gonzales Hallman Harrell Harrison Hutson Keegan Kelley Keyserling Kirsh Klauber Koon Law McElveen Moody-Lawrence Quinn Richardson Riser Robinson Rudnick Shissias Simrill Smith, D. Smith, R. Stuart Thomas Walker Wofford Worley Wright Young, A.
So, the amendment was tabled.
Rep. WRIGHT proposed the following Amendment No. 356 (Doc Name L:\council\legis\amend\JIC\5775HTC.94), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
Section 1-11-720(A)(7) of the 1976 Code, as added by Act 364 of 1992, is amended to read:
"(7) special purpose districts created by act of the General Assembly that provide gas, water, or sewer, or recreation service, or any combination of such these services."/
Amend title, totals, renumber sections to conform.
The amendment was then adopted.
Reps. BOAN and A. YOUNG proposed the following Amendment No. 357 (Doc Name L:\council\legis\amend\CYY\15890AC.94), which was adopted. Amend the bill, as and if amended, Part II, by adding a new SECTION, appropriately numbered, to read:
A. Section 2-15-10 of the 1976 Code, as last amended by Act 329 of 1990, is further amended to read:
"Section 2-15-10. There is created the Legislative Audit Council consisting of three five members, one of whom must be a practicing certified public accountant or a licensed public accountant and one of whom must be an attorney. The council must be elected by the General Assembly in a joint session from the nominees presented by the nominating committee. The council also includes as ex officio members the following: the Chairmen of the Senate and House Judiciary Committees or a designee by either chairman from the membership of the respective committees; and the Chairmen of the Senate Finance Committee and the House Ways and Means Committee or a designee by either chairman from the membership of the respective committees; the Speaker of the House of Representatives and the Lieutenant Governor of South Carolina or their designees from the membership of the General Assembly. The ex officio members, including their designees, are voting members on all matters except those pertaining to auditing functions and personnel matters. The council is directly responsible to the General Assembly and is independent of any other state agency, board, or department."
"Section 2-15-20. The nominating committee shall must be composed of seven six members, two three of whom shall must be appointed by the Governor, President of the South Carolina Senate and two elected three of whom must be appointed by the South Carolina Senate, two elected by the Speaker of the South Carolina House of Representatives and one appointed by the South Carolina Board of Accountancy. The nominating committee shall present at least one nominee and not more than three nominees for each vacancy. When a vacancy occurs, the director shall immediately notify those charged with appointing the nominating committee. If the General Assembly is in session at the time notice is given, a nominating committee must be appointed within fifteen days of the notification and the election must be held within forty-five days of the notification and no later than sine die adjournment of the General Assembly."/
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
The SPEAKER granted Rep. CARNELL a leave of absence for the remainder of the day.
Reps. BAKER, ROGERS, CLYBORNE and BOAN proposed the following Amendment No. 358 (Doc Name L:\council\legis\amend\N05\7720DW.94), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
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