South Carolina General Assembly
111th Session, 1995-1996
Journal of the House of Representatives

FRIDAY, MARCH 3, 1995

Friday, March 3, 1995
(Local Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Eternal Father, in the sacred moments of this prayer, we turn our thoughts to You that we may be wise in our decisions, understanding in our relationships with each other, and faithful in our devotion to the tasks to which we have been called. We do not pray for relief of heavy responsibilities but for Your continued presence to help us meet them with honor; not for fewer burdens but for greater strength to manage them with patience; not for less trouble but for more trust in You that will enable us to face the future in confidence.

Give us the faith to say with the Psalmist: "The Lord is my Shepherd, I shall not want." (Psalm 23:1) Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

REPORT RECEIVED
REPORT OF THE JOINT LEGISLATIVE COMMITTEE
ON TOURISM AND TRADE
1993 - 1994
JANUARY 1995

TO THE HONORABLE DAVID BEASLEY, GOVERNOR OF SOUTH CAROLINA, AND MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY:

Joint Resolution No. 1289 of 1970 created the committee to act as a continuing liaison group to study the programs and problems of tourism in the State, recognizing the importance of tourism to the total economy of the State and recognizing the necessity of making tourism more productive and more profitable. This Resolution provided for the appointment of a nine-member committee to consist of three members of the Senate appointed by the President of the Senate, three members of the House of Representatives appointed by the Speaker of the House, and three members appointed by the Governor. The Resolution further provided that the members then serving on the Committee to Promote the Tourist Industry would be the initial members of the Committee on Tourism.

A permanent committee was created by Act 160 of 1977. The committee was empowered to act as a continuing liaison group to study the programs and problems of tourism in the State. Act 517 of 1980 amended the law by adding to the powers and duties of the committee the responsibility for coordinating the efforts of the State Development Board and the South Carolina Department of Agriculture in the development of international agriculture and agro business markets.

Basically, the primary function of the Joint Legislative Committee on Tourism and Trade is to promote the tourism and trade industry in South Carolina. Presently South Carolina's second largest industry, the tourism industry provides a tremendous economic impact to the State. A significant function of this committee is to oversee and approve grant applications submitted through the Department of Parks, Recreation and Tourism's Funds-Sharing Program. The law provides that this committee and the PRT Commission establish guidelines for the administration of this tourism matching-grants program for local public agencies and non-profit organizations involved with tourism promotion activities.

MAJOR ACTIVITIES OF THE
JOINT LEGISLATIVE COMMITTEE ON TOURISM AND TRADE

The members of the Joint Committee on Tourism and Trade acted as panelists at the "1994 Legislative Preview" during the Governor's Conference on Tourism and Travel, Thursday, February 3, 1994 from 3:45 - 5:00. Attending the conference was the state's tourism leaders. Many issues were discussed including local taxes on accommodations and other tourism products, dockside gaming, the restructured PRT, and funding for highways and related infrastructure.

The Joint Committee on Tourism and Trade held a meeting on Tuesday, March 1, 1994 at 2:30 p.m. Questionable expenditures of accommodations tax money was discussed. A list was provided naming nine local governments with questionable expenditures. Each local government was discussed. It was decided all but one were within the guidelines of the Accommodations Tax Act.

Grand Strand Nourishment Project/State Matching Fund was addressed. After discussing the project, the Committee unanimously agreed to do two resolutions, one in support of the Grand Strand Beach Nourishment Project and one in support of funding engineering studies in conjunction with nourishment projects.

A meeting was held on Friday, September 9, 1994 at 9:00 a.m. in conjunction with the Southeast Tourism Society Annual Meeting in Hilton Head. Mrs. Grace McKeown discussed PRT reorganization and changes in the definition of tourism and its impact on South Carolina.

Information on tourism/park operations in other southeastern states was discussed. In comparison to twelve other states, South Carolina is very competitive overall and has the lowest tax on lodging.

The Committee adopted a resolution in support of the proposal regarding a Grand Strand Transportation Summit. It was also agreed to write Congress asking them to adopt the National Highway System this year.

LEGISLATION ENACTED IN 1994 AND AFFECTING PARKS, RECREATION & TOURISM AND MONITORED BY THE TOURISM AND TRADE COMMITTEE

H. 3174 (Act #0078) RELATING TO THE REGULATION OF BEER MANUFACTURERS, BREWERS, IMPORTERS, WHOLESALERS, AND RETAILERS, SO AS TO DEFINE OWNERSHIP AND FINANCIAL INTEREST IN BEER OPERATIONS AS REGARDS TIERS IN THE INDUSTRY.

H. 3180 (Act #445) PROVIDES FOR THE ESTABLISHMENT, OPERATION, AND PERMITTING OF BREWPUBS, PROMULGATION OF REGULATIONS, AND PENALTIES.

H. 3272 (Act #0112) PROVIDE FILING REQUIREMENTS FOR PERSONS DESIRING A LICENSE OR PERMIT FROM THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, SECTION 61-1-125 SO AS TO PROVIDE REQUIREMENTS FOR LICENSES AND PERMITS ISSUED BY THE COMMISSION TO ORGANIZATIONS, ASSOCIATIONS, OR CORPORATIONS AND MULTIPLE PERMITS AND LICENSES AND PROHIBIT ISSUANCE TO PERSONS UNDER TWENTY-ONE YEARS OF AGE, AND SECTION 61-9-35 SO AS TO PROHIBIT HOLDERS OF A BEER PERMIT OR A BEER AND WINE PERMIT FROM PURCHASING BEER OR WINE, OR BOTH, ON CREDIT; TO AMEND SECTION 61-3-420, RELATING TO PERSONS INELIGIBLE FOR ALCOHOLIC LIQUOR LICENSES ISSUED BY THE COMMISSION, SO AS TO REVISE AGE AND RESIDENCY REQUIREMENTS; TO AMEND SECTION 61-5-50, AS AMENDED, RELATING TO GRANTING OF ALCOHOLIC LIQUOR LICENSES BY THE COMMISSION, SO AS TO PROVIDE AGE AND RESIDENCY REQUIREMENTS; TO AMEND SECTION 61-9-320, AS AMENDED, RELATING TO QUALIFICATIONS FOR BEER AND WINE PERMITS ISSUED BY THE COMMISSION, SO AS TO PROVIDE RESIDENCY REQUIREMENTS; AND TO REPEAL SECTION 61-3-430 RELATING TO LICENSES ISSUED BY THE COMMISSION TO CORPORATIONS AND ASSOCIATIONS AND SECTION 61-3-510 RELATING TO LICENSE APPLICATIONS TO THE COMMISSION.

H. 3546 (Act #0181) RESTRUCTURING OF STATE GOVERNMENT.

H. 3919 (Act #0383) RELATING TO THE REQUIREMENTS FOR RETAILERS TO OBTAIN A RETAIL LICENSE BEFORE ENGAGING IN BUSINESS, SO AS TO INCLUDE FESTIVALS AMONG THOSE SPECIAL EVENTS FOR WHICH A RETAILER FILES A SPECIAL EVENTS SALES TAX RETURN AND IS NOT REQUIRED TO HAVE A RETAIL LICENSE AND TO DEFINE "FESTIVAL".

H. 4499 (Act #0318) RELATING TO THE DESIGNATION OF SCENIC RIVERS, SO AS TO DESIGNATE A PORTION OF THE LYNCHES RIVER.

H. 4811 (Act #0453) RELATING TO THE PROHIBITION ON THE CONDUCT OF OTHER BUSINESS IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE THE SALE OF NONALCOHOLIC ITEMS INSTEAD OF NONALCOHOLIC BEVERAGES PACKAGED TOGETHER WITH ALCOHOLIC LIQUORS AND TO REQUIRE THE PACKAGING AT THE ALCOHOLIC LIQUOR PRODUCER'S PLACE OF BUSINESS.

H. 4955 (Act #0586) AUTHORIZING THE STATE BUDGET AND CONTROL BOARD TO TRANSFER TO THE CITY OF CHARLESTON, AN AMOUNT NOT TO EXCEED SIX HUNDRED THOUSAND DOLLARS FROM MONIES SET ASIDE FOR THE PATRIOT'S POINT DEVELOPMENT AUTHORITY PURSUANT TO THE PROVISIONS OF SECTION 51-13-860 OF THE 1976 CODE, PROVIDE THAT THESE MONIES MUST BE LOANED FOR A PERIOD NOT TO EXCEED THREE YEARS AT AN INTEREST RATE TO BE DETERMINED BY THE STATE TREASURER, WITH THE MONEY FROM THIS LOAN USED BY THE ENTITY EXCLUSIVELY FOR THE BENEFIT OF SPOLETO FESTIVAL, USA; AND TO PROVIDE FOR THE REPAYMENT OF THE LOAN.

S. 1284 (Act #4 of 1995) RELATING TO SPECIAL SOURCE REVENUE BONDS, SO AS TO CLARIFY THAT REVENUES RECEIVED AND RETAINED BY A COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE DISTRICT FROM A PAYMENT IN LIEU OF TAXES PURSUANT TO THE PROVISIONS OF SECTION 4-1-170, 4-29-60, OR 4-29-67 AND THESE REVENUES ARE DERIVED IN WHOLE OR IN PART FROM A REDEVELOPMENT PROJECT AREA ESTABLISHED PURSUANT TO CHAPTER 6, TITLE 31, SHALL ALLOCATE THE REVENUES IN ACCORDANCE WITH THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 31-6-70 AS IF THESE REVENUES REMAINED AD VALOREM TAXES, PROVIDE THAT ALL TAXES COLLECTED IN THE REDEVELOPMENT PROJECT AREA NOT SUBJECT TO THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO SECTION 31-6-70 BECOME PAYMENTS IN LIEU OF TAXES AND THE PORTION COLLECTED BY THE MUNICIPALITY MAY BE PLEDGED TO SECURE SPECIAL SOURCE REVENUE BONDS; PROVIDE THAT ANY REAL PROPERTY WHICH IS OR HAS BEEN INCLUDED WITHIN A MULTICOUNTY PARK UNDER SECTION 4-1-170 AND TITLE TO WHICH IS HELD BY THE STATE, MAY BE ANNEXED ONLY UPON APPROVAL BY THE BUDGET AND CONTROL BOARD; AND PROVIDE THAT ALL MULTICOUNTY PARKS MUST BE CONTIGUOUS COUNTIES.

S. 0896 (Act #0576) TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER AND THE LOCATION OF LAKE MURRAY AND THE TOWN OF LEXINGTON IN LEXINGTON COUNTY.

S. 0073 (Act #0425) TO ALLOW THE ESTABLISHMENT OF A COMMUNITY RECREATION SPECIAL TAX DISTRICT IN A COUNTY BY REFERENDUM, TO PROVIDE THE METHOD OF INITIATING AND CONDUCTING THE REFERENDUM, AND TO PROVIDE THE POWERS, DUTIES, AND GOVERNMENT OF A COMMISSION ESTABLISHED PURSUANT TO THIS CHAPTER, INCLUDING PROVISIONS RELATING TO THE ABOLITION OF THE COMMISSION OR DIMINUTION OF ITS BOUNDARIES.

ACCOMMODATIONS TAX
OVERSIGHT COMMITTEE ACTIVITIES

Pursuant to Section 6-4-30 of the 1991 amended Accommodations Tax Act, a South Carolina Accommodations Tax Oversight Committee was created and consists of the nine members of the Joint Legislative Committee on Tourism and Trade and the Chairman of the Cultural Affairs Committee, or the Chairman's designee. The committee must be funded with existing state resources available to the Joint Committee on Tourism and Trade. Local governments covered by this chapter must expend accommodations tax revenues pursuant to this chapter, and the committee shall: (1) serve as a resource to, answer questions of, and assist advisory committees and local governments in the implementation of the accommodations tax; (2) arrange continuing education programs or workshops for local governmental officials and advisory committee members; (3) serve as the oversight authority on questionable expenditures; (4) require that complaints relating to the accommodations tax be submitted in writing; (5) investigate and research facts on submitted complaints; (6) publish an annual report on information submitted by the local governments and regional tourism agencies covered by the act.

Respectfully submitted,
/s/Rep. Jennings G. McAbee     /s/Senator McKinley Washington
/s/Rep. Woody McKay     /s/Senator Dick Elliott
/s/Rep. Mark Kelley     /s/Senator Greg Smith

On motion of Rep. McABEE, the report was ordered printed in the Journal.

RETURNED TO THE SENATE WITH AMENDMENT

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

S. 494 -- Senator Courtney: A BILL TO PROVIDE THAT EFFECTIVE UPON APPROVAL OF THIS ACT BY THE GOVERNOR, NO SOLID WASTE LANDFILL IN SPARTANBURG COUNTY MAY BE LOCATED WITHIN THREE THOUSAND FEET OF AN AQUACULTURE FARM OR FACILITY.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 3714 -- Reps. Rhoad, Bailey, Hutson, Limehouse, Riser and Witherspoon: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT AUTHORIZED TO BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO AUTHORIZE THE USE OF LIVE NONGAME FISH ON THE EDISTO RIVER ON CERTAIN SET HOOKS.

ADJOURNMENT

At 10:20 A.M. the House in accordance with the motion of Rep. H. BROWN adjourned to meet at 11:00 A.M., Monday, March 6, in Statewide Session.

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