Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 3370, Mar. 10 | Printed Page 3390, Mar. 10 |

Printed Page 3380 . . . . . Thursday, March 10, 1994

"Section 61-9-175. (A) 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, upon initiating the application process for a permanent retail beer or beer and wine permit, may be issued a temporary retail beer or beer and wine permit by the department at the time of the purchase if the location for which the temporary permit is sought is not considered by the department to be a public nuisance as defined by the department in regulation and:

(1) the applicant currently holds a valid beer or beer and wine permit; or

(2) the applicant has had a criminal history background check conducted by the State Law Enforcement Division within the past thirty days.

(B) A temporary beer or beer and wine permit issued pursuant to subsection (A) is valid until a permanent retail beer or beer and wine permit is approved or disapproved by the department, but in no case is it valid for longer than one hundred and twenty days.

(C) Notwithstanding subsection (B) the department may revoke a temporary retail beer or beer and wine permit if the applicant fails to proceed with obtaining the permanent retail beer or beer and wine permit in a timely manner, as set forth by the department in regulation.

(D) The department shall collect a fee of twenty-five dollars for each temporary beer or beer and wine permit sought. The funds generated by this fee must be deposited in the general fund of the State."/

Renumber sections & amend totals/title to conform.

Rep. HASKINS explained the amendment.

The amendment was then adopted.

Rep. RICHARDSON moved that the House do now adjourn.

Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:

Yeas 15; Nays 85

Those who voted in the affirmative are:

Anderson         Beatty           Farr
Haskins          Jaskwhich        Marchbanks
McElveen         Richardson       Riser

Printed Page 3381 . . . . . Thursday, March 10, 1994

Robinson         Rudnick          Smith, D.
Snow             Trotter          Wofford

Total--15

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Allison
Askins           Bailey, G.       Baker
Barber           Baxley           Boan
Breeland         Brown, H.        Brown, J.
Byrd             Cato             Chamblee
Cobb-Hunter      Cooper           Cromer
Davenport        Delleney         Fair
Gamble           Gonzales         Govan
Harrell          Harrelson        Harris, J.
Harris, P.       Harrison         Harvin
Harwell          Hines            Hodges
Holt             Houck            Huff
Hutson           Inabinett        Jennings
Keegan           Kennedy          Kinon
Kirsh            Klauber          Law
Littlejohn       Martin           Mattos
McAbee           McCraw           McKay
McTeer           Meacham          Neal
Neilson          Phillips         Quinn
Rhoad            Rogers           Scott
Sharpe           Sheheen          Shissias
Simrill          Smith, R.        Spearman
Stille           Stoddard         Stuart
Thomas           Vaughn           Waites
Waldrop          Walker           Wells
White            Wilder, D.       Wilder, J.
Wilkes           Wilkins          Williams
Witherspoon      Worley           Wright
Young, A.

Total--85

So, the House refused to adjourn.


Printed Page 3382 . . . . . Thursday, March 10, 1994

Reps. KELLEY, SHARPE, WITHERSPOON, WRIGHT, RISER, KEEGAN, CLYBORNE, MEACHAM and THOMAS proposed the following Amendment No. 380 (Doc Name L:\council\legis\amend\JIC\5786HTC.94), which was tabled. Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
/SECTION ___
TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-80 SO AS TO REQUIRE A COUNTY OR MUNICIPALITY WHICH IMPOSES A TAX OR FEE NOT AUTHORIZED BY GENERAL LAW ON A TRANSACTION WHICH IS SUBJECT TO A STATE IMPOSED TAX OR FEE TO REMIT THE REVENUES TO THE STATE TREASURER FOR DEPOSIT TO THE CREDIT OF THE GENERAL FUND OF THE STATE AND TO SET ASIDE FUNDS APPROPRIATED TO THE STATE TREASURER TO PROVIDE PROCEDURES TO COLLECT THE REVENUES.

A. Chapter 1, Title 6 of the 1976 Code is amended by adding:

"Section 6-1-80. From the funds appropriated to the State Treasurer for `other operating expenses' on line 35, page 47, Section 10, Part IA of the general appropriations act for fiscal year 1994-95, the State Treasurer shall use five hundred dollars to develop procedures to collect and shall proceed to collect from a county or municipality any revenues raised from a county or municipal tax or fee on any transaction subject to a state imposed tax or fee including, but not limited to, sales of real property; retail sales; beer, wine, and alcoholic beverage licensing and permitting; and furnishing accommodations. The county or municipality shall pay over the revenues in the manner provided by the State Treasurer. The county tax or fee revenues collected by the State Treasurer must be deposited to the credit of the general fund of the State."

B. This section takes effect July 1, 1994./

Renumber sections & amend totals/title to conform.

Rep. KELLEY explained the amendment.

POINT OF ORDER

Rep. RUDNICK raised the Point of Order that Amendment No. 380 was out of order as it was not germane.

The SPEAKER overruled the Point of Order.

Rep. BOAN moved to table the amendment, which was agreed to.


Printed Page 3383 . . . . . Thursday, March 10, 1994

AMENDMENT NO. 267--ADOPTED

Debate was resumed on Amendment No. 267, by Rep. QUINN.

Rep. QUINN explained the amendment.

Rep. RUDNICK moved to table the amendment.

Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:

Yeas 9; Nays 78

Those who voted in the affirmative are:

Cobb-Hunter      Farr             Felder
Gamble           Govan            Keegan
McElveen         Rudnick          Stuart

Total--9

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Askins           Bailey, G.
Baker            Barber           Baxley
Breeland         Brown, G.        Brown, J.
Byrd             Cato             Chamblee
Cooper           Cromer           Davenport
Delleney         Fair             Gonzales
Graham           Harrell          Harris, J.
Harrison         Harvin           Haskins
Hodges           Holt             Hutson
Inabinett        Jaskwhich        Jennings
Kelley           Kinon            Kirsh
Klauber          Koon             Littlejohn
Marchbanks       McCraw           McKay
McLeod           McMahand         Meacham
Neal             Phillips         Quinn
Rhoad            Riser            Robinson
Scott            Sheheen          Shissias
Simrill          Smith, R.        Snow
Spearman         Stille           Stone
Sturkie          Thomas           Trotter
Vaughn           Waites           Waldrop
Walker           Wells            Wilder, D.
Wilder, J.       Wilkes           Wilkins

Printed Page 3384 . . . . . Thursday, March 10, 1994

Williams         Witherspoon      Wofford
Worley           Wright           Young, A.

Total--78

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. STILLE proposed the following Amendment No. 321 (Doc Name L:\council\legis\amend\JIC\5740HTC.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:

/SECTION ___
TO AMEND SECTION 9-11-525 OF THE 1976 CODE, RELATING TO INCREASES IN MONTHLY BENEFITS PAID PURSUANT TO THE POLICE INSURANCE AND ANNUITY FUND, SO AS TO INCREASE THESE BENEFITS BY FIFTY DOLLARS A MONTH EFFECTIVE JULY 1, 1994. PAGE 114, LINE 16, COLUMNS 5 AND 6.

Section 9-11-525 of the 1976 Code, as added by Act 658 of 1988, is amended to read:

"Section 9-11-525. Beneficiaries receiving benefits under the Police Insurance and Annuity Fund shall receive a fifty dollar a month increase in their monthly benefits effective July 1, 1988 1994."/

Renumber sections & amend totals/title to conform.

Rep. STILLE explained the amendment.

POINT OF ORDER

Rep. BOAN raised the Point of Order that Amendment No. 321 was out of order as it was not germane.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

PART IA

SECTION 3A--MOTION TO RECONSIDER TABLED

The motion of Rep. BOAN to reconsider the vote whereby Section 3A was adopted was taken up.


Printed Page 3385 . . . . . Thursday, March 10, 1994

Rep. BOAN moved to table the motion to reconsider, which was agreed to by a division vote of 46 to 39.

SECTION 3B--MOTION TO RECONSIDER TABLED

The motion of Rep. BOAN to reconsider the vote whereby Section 3B was adopted was taken up.

Rep. BOAN moved to table the motion to reconsider.

Rep. SCOTT demanded the yeas and nays, which were not ordered.

The motion to reconsider was tabled by a division vote of 54 to 29.

SECTION 11--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 11 was adopted was taken up and agreed to.

Rep. GAMBLE proposed the following Amendment No. 199 (Doc Name L:\h- wm\legis\amend\VC.027), which was adopted. Amend the bill, as and if amended, Part IA, Section 11, AG, Page 49, Line 5, opposite /Classified Positions/ by increasing the amounts in columns (5) and (6) by /206,242/

Renumber sections & amend totals/title to conform.

Section 11 as amended was adopted.

SECTION 17E--MOTION TO RECONSIDER TABLED

The motion of Rep. BOAN to reconsider the vote whereby Section 17E was adopted was taken up.

Rep. BOAN moved to table the motion to reconsider, which was agreed to.

SECTION 17S--MOTION TO RECONSIDER REJECTED

The motion of Rep. BOAN to reconsider the vote whereby Section 17S was adopted was taken up and rejected.

SECTION 18J--MOTION TO RECONSIDER TABLED

The motion of Rep. BOAN to reconsider the vote whereby Section 18J was adopted was taken up.

Rep. WHITE moved to table the motion to reconsider.

Rep. WOFFORD demanded the yeas and nays, which were taken resulting as follows:

Yeas 66; Nays 39


Printed Page 3386 . . . . . Thursday, March 10, 1994

Those who voted in the affirmative are:
Alexander, M.O.  Alexander, T.C.  Anderson
Askins           Bailey, J.       Baker
Barber           Baxley           Beatty
Boan             Breeland         Brown, G.
Brown, J.        Byrd             Cobb-Hunter
Delleney         Fair             Farr
Felder           Govan            Harrell
Harrelson        Harris, J.       Harris, P.
Harvin           Harwell          Hines
Hodges           Holt             Houck
Inabinett        Jaskwhich        Keegan
Kennedy          Keyserling       Kinon
Law              Marchbanks       Mattos
McAbee           McCraw           McElveen
McLeod           McMahand         McTeer
Neal             Neilson          Phillips
Rhoad            Richardson       Rogers
Rudnick          Scott            Sheheen
Snow             Spearman         Stille
Stuart           Trotter          Waites
Waldrop          Whipper          White
Wilder, J.       Williams         Worley

Total--66

Those who voted in the negative are:

Allison          Bailey, G.       Brown, H.
Cato             Chamblee         Clyborne
Cooper           Cromer           Davenport
Gamble           Gonzales         Harrison
Haskins          Hutson           Kelley
Kirsh            Klauber          Koon
Littlejohn       McKay            Meacham
Quinn            Riser            Shissias
Simrill          Smith, D.        Smith, R.
Stoddard         Stone            Sturkie
Thomas           Vaughn           Walker

Printed Page 3387 . . . . . Thursday, March 10, 1994

Wells            Wilder, D.       Witherspoon
Wofford          Wright           Young, A.

Total--39

So, the motion to reconsider was tabled.

SECTION 33--MOTION TO RECONSIDER REJECTED

The motion of Rep. BOAN to reconsider the vote whereby Section 33 was adopted was taken up and rejected.

SECTION 34--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 34 was adopted was taken up and agreed to.

Rep. QUINN proposed the following Amendment No. 284 (Doc Name L:\h- wm\legis\amend\CJ.055), which was adopted. Amend the bill, as and if amended, Part IA, Section 34, DPS, Page 320, Line 22, opposite /Classified Pos/ by decreasing the amounts in columns (5) and (6) by /$700,000/

Amend further, Page 320, Line 23, by decreasing the number of FTEs in columns (5) and (6) by /30/

Amend further, Page 320, Line 26, opposite /Other Operating/ by decreasing the amounts in columns (5) and (6) by /$700,000/

Renumber sections & amend totals/title to conform.

Section 34 as amended was adopted.

SECTION 35--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 35 was adopted was taken up and agreed to.

Rep. GAMBLE proposed the following Amendment No. 198 (Doc Name L:\h- wm\legis\amend\VC.029), which was adopted.

Amend the bill, as and if amended, Part IA, Section 35, DSS, Page 329, Line 5, opposite /Classified Positions/ by decreasing the amount in columns (5) and (6) by /206,242/

Renumber sections & amend totals/title to conform.

Section 35 as amended was adopted.


Printed Page 3388 . . . . . Thursday, March 10, 1994

SECTION 49--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 49 was adopted was taken up and agreed to.

Rep. ASKINS proposed the following Amendment No. 306 (Doc Name L:\h- wm\legis\amend\DC.065), which was adopted.

Amend the bill, as and if amended, Part IA, Section 49, PRT, Page 0404, by inserting a new line entitled /Ron McNair Memorial/ and inserting in columns (5) and (6) /$50,000/

Renumber sections & amend totals/title to conform.

Section 49 as amended was adopted.

SECTION 54--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 54 was adopted was taken up and agreed to.

Reps. HOLT and J. BAILEY proposed the following Amendment No. 224 (Doc Name L:\h-wm\legis\amend\VC.033), which was adopted. Amend the bill, as and if amended, Part IA, Section 54, Old Exchange Building, Page 415, Line 4, opposite /Other Operating Expenses/ by increasing the amount in column (5) by /$112,944/

Renumber sections & amend totals/title to conform.

The amendment was then adopted by a division vote of 60 to 20.

AMENDMENT NO. 55--MOTION TO RECONSIDER TABLED

The motion of Rep. HALLMAN to reconsider the vote whereby Amendment No. 55 was tabled was taken up.

Rep. BOAN moved to table the motion to reconsider, which was agreed to.

Section 54 as amended was adopted.

SECTION 69A--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 69A was adopted was taken up and agreed to.


Printed Page 3389 . . . . . Thursday, March 10, 1994

Reps. G. BROWN and BAXLEY proposed the following Amendment No. 320 (Doc Name L:\h-wm\legis\amend\DC.051), which was adopted.

Amend the bill, as and if amended, Part IA, Section 69A, Aid to Subdivisions - CG, Page 0490, After Line 33, by inserting a new line entitled /Lee County Memorial Hospital/ and inserting in column (5) /$286,000/

Renumber sections & amend totals/title to conform.

Section 69A as amended was adopted.

SECTION 128--MOTION TO RECONSIDER TABLED

The motion of Rep. BOAN to reconsider the vote whereby Section 128 was adopted was taken up.

Rep. BOAN moved to table the motion to reconsider, which was agreed to.

IB

SECTION 3--MOTION TO RECONSIDER TABLED

The motion of Rep. BOAN to reconsider the vote whereby Section 3 was adopted was taken up.

Rep. BOAN moved to table the motion to reconsider.

Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:

Yeas 73; Nays 28

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Askins
Bailey, G.       Bailey, J.       Barber
Baxley           Boan             Breeland
Brown, J.        Byrd             Cato
Cobb-Hunter      Cromer           Delleney
Felder           Gonzales         Govan
Graham           Harrell          Harrelson
Harris, J.       Harris, P.       Harrison
Harvin           Hines            Hodges
Holt             Houck            Inabinett
Jaskwhich        Jennings         Keegan
Kennedy          Keyserling       Klauber
Koon             Law              Marchbanks

Printed Page 3390 . . . . . Thursday, March 10, 1994

Mattos           McAbee           McCraw
McElveen         McKay            McTeer
Moody-Lawrence   Neal             Phillips
Quinn            Richardson       Riser
Rogers           Scott            Sharpe
Sheheen          Shissias         Snow
Spearman         Stoddard         Stuart
Sturkie          Thomas           Waites
Waldrop          Whipper          White
Wilder, D.       Wilder, J.       Wilkins
Williams         Witherspoon      Worley
Wright

Total--73


| Printed Page 3370, Mar. 10 | Printed Page 3390, Mar. 10 |

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