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Printed Page 2110, Apr. 27
| Printed Page 2130, Apr. 27
| Amend totals and title to conform.
S. 654 -- Senator Greg Smith: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator GREG SMITH proposed the following amendment (JUD0654.002):
Amend the bill, as and if amended, beginning on line 24, by striking SECTION 1 in its entirety and inserting therein the following:
/SECTION 1. Chapter 5, Title 61 of the 1976 Code is amended by adding:
"Section 61-5-185. (A) Permits authorized by Section 61-5-180 may be issued to bona fide nonprofit organizations and businesses established and
(B) Notwithstanding any other provision of law, an organization or business may qualify for the issuance of such permits if:
(1) the applicant is an organization or business that is located east of the intracoastal waterway in an area of the county that adjoins a county that has passed a referendum authorizing the issuance of permits pursuant to Section 61-5-180 and has annual accommodations tax collections in excess of six million dollars;
(2) the annual accommodation tax collections in the county where the applicant is located exceeds five hundred thousand dollars; and
(3) a majority of the qualified electors of the area vote in a referendum in favor of the issuance of the permits. The petition must clearly identify the area of the county for which the referendum is sought. The county election commission shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the area for which the authorization to issue permits is sought. The county election commission shall review and certify that the requisite number of signatures have been obtained within a reasonable period of time after receipt not to exceed thirty days and the referendum must be held not less than thirty nor more than forty days after such certification. The election commission shall cause a notice to be published in a newspaper circulated in the area of the county for which authorization to issue a permit is sought 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 Department of Revenue. The question on the ballot shall read substantially as follows:
`Shall the Department of Revenue be authorized to issue temporary permits in the (portion of the unincorporated area of the county) 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 for a given county area may not be held more often than once in forty-eight months. However, nothing in this section shall be construed to affect a referendum held pursuant to Section 61-5-180.
The expenses of any such referendum must be paid by the county or municipality conducting the referendum."/
Amend title to conform.
Senator THOMAS objected to further consideration of the Bill.
S. 654 -- Senator Greg Smith: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.
Senator GREG SMITH asked unanimous consent to make a motion to take up the Bill for immediate consideration.
Senator RYBERG objected.
S. 654 -- Senator Greg Smith: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.
Senator GREG SMITH asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment previously proposed by Senator GREG SMITH.
Amend the bill, as and if amended, beginning on line 24, by striking SECTION 1 in its entirety and inserting therein the following:
/SECTION 1. Chapter 5, Title 61 of the 1976 Code is amended by adding:
"Section 61-5-185. (A) Permits authorized by Section 61-5-180 may be issued to bona fide nonprofit organizations and businesses established and licensed under Section 61-5-50, upon application and payment of the filing and permit fees, as authorized in subsection (B).
(B) Notwithstanding any other provision of law, an organization or business may qualify for the issuance of such permits if:
(1) the applicant is an organization or business that is located east of the intracoastal waterway in an area of the county that adjoins a county that has passed a referendum authorizing the issuance of permits pursuant to Section 61-5-180 and has annual accommodations tax collections in excess of six million dollars;
(2) the annual accommodation tax collections in the county where the applicant is located exceeds five hundred thousand dollars; and
(3) a majority of the qualified electors of the area vote in a referendum in favor of the issuance of the permits. The petition must clearly identify the area of the county for which the referendum is sought. The county election commission shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the area for which the authorization to issue permits is sought. The county election commission shall review and certify that the requisite number of signatures has been obtained within a reasonable period of time after receipt not to exceed thirty days and the referendum must be held not less than thirty nor more than forty days after such certification. The election commission shall cause a notice to be published in a newspaper circulated in the area of the county for which authorization to issue a permit is sought 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 Department of Revenue. The question on the ballot shall read substantially as follows:
`Shall the Department of Revenue be authorized to issue temporary permits in the (portion of the unincorporated area of the county) 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
A referendum for this purpose for a given county area may not be held more often than once in forty-eight months. However, nothing in this section shall be construed to affect a referendum held pursuant to Section 61-5-180.
The expenses of any such referendum must be paid by the county or municipality conducting the referendum."/
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
Senator J. VERNE SMITH desired to be recorded as voting against the second reading of the Bill.
H. 3865 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION RECOGNIZING AND SUPPORTING NATIONAL FAIR HOUSING MONTH, APRIL, 1995, IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
THE SENATE PROCEEDED TO THE CONSIDERATION OF H. 3362, THE GENERAL APPROPRIATION BILL.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Senate Finance Committee.
Senator DRUMMOND, Chairman of the Senate Finance Committee, spoke on the report.
Senator J. VERNE SMITH, Chairman of the Subcommittee on Health and Human Services, was recognized to report to the Senate regarding the work of the subcommittee.
Senator LAND, Chairman of the Subcommittee on Judiciary/Corrections/Public Safety, was recognized to report to the Senate regarding the work of the subcommittee.
Senator LEVENTIS, Chairman of the Subcommittee on PRT, Cabinet Agencies, Commerce, Labor/Natural Resources, was recognized to report to the Senate regarding the work of the subcommittee.
At 12:05 P.M., Senator MARTIN assumed the Chair.
Senator SETZLER, Chairman of the Subcommittee on Education, was recognized to report to the Senate regarding the work of the subcommittee.
At 12:15 P.M., the PRESIDENT assumed the Chair.
Senator SETZLER continued speaking on the subcommittee report.
Senator DRUMMOND asked unanimous consent to make a motion that, when the Senate adjourns today, it stand adjourned to meet Friday, April 28, 1995, under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up and that when it adjourns on Friday, it stand adjourned to meet at 2:00 p.m. on Monday, May 1, 1995, in statewide session.
There was no objection and the motion was adopted.
Senator DRUMMOND asked unanimous consent to make a motion that, when the Senate begins consideration of H. 3362 (the General Appropriation Bill), and continuing through the consideration of H. 3363, H. 3647, and H. 3690, that a limited number of persons from the staffs of the Budget and Control Board and the Senate Finance Committee be granted the Privilege of the Floor to that area inside the rail.
There was no objection and the motion was adopted.
Senator DRUMMOND asked unanimous consent to make a motion that the Committee Report on H. 3362 (the General Appropriation Bill) be adopted and that H. 3362, H. 3363 (Capital Reserve Fund), H. 3647 (Carnell-Felder Act), and H. 3390 (Supplemental Appropriation Bill) be given a second reading with notice of general amendments on third reading and that all members would reserve their right to raise any Point of Order and to offer amendments without regard to questions of degree and without prejudice due to the adoption of the committee amendments.
Senators CORK and ROSE objected.
Senator DRUMMOND asked unanimous consent to make a motion that, when the Senate completes consideration of H. 3362 (the General Appropriation Bill) that it proceed immediately thereafter to the consideration of H. 3363 (Capital Reserve Fund), to the exclusion of all other matters until completed; and, further, that, when the Senate completes consideration of H. 3363, it proceed to the consideration of H. 3690 (Supplemental Appropriation Bill) to the exclusion of all other matters until completed and that, when the Senate completes consideration
Senator CORK objected.
Senator McCONNELL asked unanimous consent to make a motion that the Report of the Senate Finance Committee be adopted with all members reserving the right to raise any Points of Order and to offer amendments without regard to questions of degree and without prejudice due to the adoption of the committee amendment.
There was no objection and the Report of the Senate Finance Committee was adopted.
Senator DRUMMOND requested that Points of Order on H. 3362 be submitted to the Desk.
Senator BRYAN raised a Point of Order that Part II, Section 56, was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT took the Point of Order under advisement.
Senator McCONNELL asked unanimous consent to make a motion that, when the Senate completes consideration of H. 3362 (the General Appropriation Bill) that it proceed immediately thereafter to the consideration of H. 3363 (Capital Reserve Fund), to the exclusion of all other matters until completed; and, further, that, when the Senate completes consideration of H. 3363, it proceed to the consideration of H. 3690 (Supplemental Appropriation Bill) to the exclusion of all other matters until completed and that, when the Senate completes consideration of H. 3690 that it proceed to the consideration of H. 3647 (Carnell-Felder Act) to the exclusion of all other matters until completed; provided, that nothing in this motion alters the Senate's proceeding through the Morning Hour and the Call of the Uncontested Calendar each session day as provided under Rule 10.
There was no objection and the motion was adopted.
Debate was interrupted.
At 12:50 P.M., Senator RICHTER requested a leave of absence until 3:00 P.M. for himself, Senator RYBERG and Senator WALDREP.
S. 628 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-1420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED IN OPERATING RESULTS OF THE FACILITY SHALL BE APPLIED EXCLUSIVELY TO REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN IN SOUTH CAROLINA; TO AMEND SECTION 38-73-1425, AS AMENDED, RELATING TO THE FINAL RATE ON PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT IN CALCULATING THE FINAL RATE OR PREMIUM CHARGE, IT MUST BE BASED UPON THE COMBINED RATIO OF ALL INSURERS CEDING PRIVATE PASSENGER AUTOMOBILE INSURANCE RISKS TO THE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT RATING PLANS MAY PROVIDE FOR DIFFERENT RATES, RATING TIERS, AND RATING PLANS AMONG AFFILIATED COMPANIES; TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO DELETE A REFERENCE TO "AN AUTOMOBILE INSURER"; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT UPON NOTIFICATION TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, DESIGNATED PRODUCERS MAY CONTRACT WITH A VOLUNTARY MARKET OUTLET FOR ANY TYPE OF AUTOMOBILE INSURANCE CEDEABLE TO THE FACILITY; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE, AMONG OTHER
Senator SALEEBY asked unanimous consent to make a motion to take up the Bill for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MARTIN proposed the following Amendment No. 1 (BBM\10069JM.95), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . (A) Section 56-10-10 of the 1976 Code is repealed.
(B) The 1976 Code is amended by adding:
"Section 56-10-35. Notwithstanding any other provision of law, as an alternative to the type of security required by Section 56-10-20, a resident driver of a motor vehicle may opt to drive uninsured. If such person makes this election, he shall be required to pay an additional two hundred
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