Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index
| Printed Page 1070, Mar. 12 | Printed Page 1090, Mar. 13 |
Printed Page 1080 . . . . . Tuesday, March 12, 1996
hold elections has certified a majority "yes" vote in the referendum on the contined imposition of a real estate transfer fee.

Amend the bill further, as and if amended, by adding PART III at the end to read:

/ PART III

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

"Section 6-1-82. (A) The governing body of a county or municipality may not impose a new tax after December 31, 1995, unless specifically authorized by the General Assembly.

(B) (1) A county or municipality may impose by ordinance or other lawful authorization of the governing body a fee, surcharge, or service charge for a particular local government service so long as the fee is used for the purpose for which the fee is collected and the fee imposed is in exchange for specific and measurable goods or services provided to the person who pays the fee. Any other levy must be classified as a tax.

(2) All funds collected by a county or municipality from the imposition of a fee or tax based on accommodations provided to transients and on sales of food and beverages sold in or by establishments licensed for on-premises consumption of alcoholic beverages, beer, or wine must be deposited into a special dedicated account established to hold these funds. All interest must be retained in the account. None of these funds may be placed in the county's or municipality's general fund. These funds must be used exclusively for the following purposes:

(a) the development, design, and construction of facilities for civic and meeting activities including required infrastructure (sewer, water, roads) directly impacting the facility(s) begun after January 1, 1996;

(b) the control of waterfront erosion;

(c) construction and maintenance of major tourist access highways in those counties which have a high concentration of tourism activity; and

(d) tourist-related services, including but not limited to, police protection, restrooms, sanitation, road and sidewalk maintenance, and administrative support services.

For the purposes of this section, `high concentration of tourism and travel activity' means those counties generating three million dollars or more in state accommodations tax in the 1994-95 fiscal year. This base rate must be adjusted upward annually by the Consumer Price Index based upon the southeastern average.

(3) A county fee or tax based on the gross proceeds derived from the rental or charges for accommodations furnished to transients or based on

Printed Page 1081 . . . . . Tuesday, March 12, 1996
sales of food and beverages sold in or by establishments licensed for on-premises consumption of alcoholic beverages, beer, or wine may not be imposed in any incorporated areas of the county without the consent of the affected municipality.

(4) In a county in which the cumulative county and municipal accommodations tax equals three or four percent as of March 12, 1996, the cumulative rate of county and municipal fees based on accommodations provided transients may not exceed four percent and the funds may be used for police, fire protection, emergency medical service, and emergency preparedness operations directly attendant to these facilities, in addition to those purposes listed in subsection (2).

(C) Effective July 1, 1997, the governing body of each county or municipality is prohibited from charging any fee or tax on the transfer of real property."

SECTION 2. SECTION 1 of this PART takes effect upon approval by the Governor and is effective in each county and municipality until and unless the certification required by SECTION 1 of a majority "yes" vote in the referendum provided by SECTION 1 of PART II occurs.

PART IV

SECTION 1. Notwithstanding any other provision of law to the contrary, no entity may expend or authorize the expenditure of public or other non-private funds, either directly or indirectly, except for educational or informational purposes, to influence or attempt to influence the outcome of a referendum question established in this act if the members or employees of that entity receive benefits in whole or in part that are available under state law to state employees, such as health, dental, or life insurance benefits or who are eligible to establish or earn service in any of the state retirement systems.

SECTION 2. This part takes effect upon approval by the Governor.

PART V

SECTION 1. Section 11-11-440(A) of the 1976 Code is amended to read:

"(A) The General Assembly may not provide for any general tax increase or enact new general taxes in the permanent provisions of the State General Appropriation Act or acts supplemental thereto., and any such Any general tax increases or new general taxes must be enacted only by separate act passed by a vote of at least two-thirds of the members of each house."

SECTION 2. Notwithstanding any other provision of this act, this PART takes effect upon approval by the Governor.

Printed Page 1082 . . . . . Tuesday, March 12, 1996
Recorded Vote

Senator WILSON desired to be recorded as voting against Amendment No. 38, as amended.

Statement by Senator WILSON

I voted "no" on Parts II and III and Amendment No. 38, the full MOORE amendment, because I believe they violate my position in favor of limited government at all levels of government. I want a restoration of Home Rule as it existed prior to the hospitality law suit. This court decision was condemned by Chief Justice Ernest Finney as a re-writing of history and the Constitution of South Carolina.

Amendment No. 16B

On motion of Senator PASSAILAGUE, with unanimous consent, Amendment No. 16B, which was printed in the Journal on March 5, 1996, and previously carried over, was withdrawn.

On motion of Senator DRUMMOND, debate was interrupted by adjournment.

ADJOURNMENT

At 9:05 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

Printed Page 1083 . . . . . Wednesday, March 13, 1996
Wednesday, March 13, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, St. Matthew records the words in Chapter 4 (v. 24) of his Gospel (NRSV):

"So his fame spread throughout all Syria,

and they brought to him all the sick, those

who were afflicted with various diseases

and pains, demoniacs, epileptics, and para-

lytics, and he cured them."
Let us pray.

Our Father God, we thank You for the memory of Jesus as He went about Galilee, Samaria, and Judea, preaching the Gospel and healing diseases.

We thank You for the faithful volunteers who each year give of their time, their talents, and their money that healing and strength may come to the bodies of crippled children and adults.

Raise up many friends, dear Lord, that the hands of the therapists and technicians may be supported by our dollars and our prayers so that the crippled may walk.

To the God that dwells within us, we give all glory for the healing.

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Leave of Absence Rescinded

At 11:00 A.M., the leave of absence granted to Senator HOLLAND for today was rescinded.

Point of Personal Interest

Senator LANDER rose to a Point of Personal Interest.

Printed Page 1084 . . . . . Wednesday, March 13, 1996
Message from the House

Columbia, S.C., March 12, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the House concurred in the Senate amendments on:

H. 4625 -- Reps. Phillips and McCraw: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REVISE THE DATES OF THE FILING PERIOD WHEN CANDIDATES MAY FILE WRITTEN DECLARATIONS OF CANDIDACY.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., March 13, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4625 -- Reps. Phillips and McCraw: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REVISE THE DATES OF THE FILING PERIOD WHEN CANDIDATES MAY FILE WRITTEN DECLARATIONS OF CANDIDACY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1245 -- Senators Drummond, Leventis, Peeler, Patterson and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-425 SO AS TO

Printed Page 1085 . . . . . Wednesday, March 13, 1996
REQUIRE APPROVAL BY THE STATE BUDGET AND CONTROL BOARD FOR REQUESTS FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES, TO PROVIDE CRITERIA FOR APPROVAL, AND TO ESTABLISH THE INFORMATION TECHNOLOGY ADVISORY COUNCIL TO ASSIST THE BOARD; TO ADD SECTION 59-7-70 SO AS TO REQUIRE THE TRANSFER OF TRANSMISSION AND RECEPTION EQUIPMENT PURCHASED BY SOUTH CAROLINA EDUCATIONAL TELEVISION FOR SCHOOLS TO THE SCHOOL DISTRICTS; TO ADD SECTION 59-7-80 SO AS TO PROVIDE REQUIREMENTS THAT THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION MUST SATISFY TO COMPLY WITH SUNSET REVIEW RECOMMENDATIONS; TO AMEND SECTION 59-7-10, AS AMENDED, RELATING TO THE SCETV COMMISSION, SO AS TO FURTHER DELINEATE CRITERIA FOR MEMBERS; AND TO AMEND SECTION 59-7-20, RELATING TO ADVISORY COMMITTEES OF THE SCETV COMMISSION, SO AS TO REVISE THE ADVISORY COMMITTEE STRUCTURE, TO DIRECT THE SCETV COMMISSION, WITH THE STATE DEPARTMENT OF EDUCATION, TO CONDUCT A STUDY TO EVALUATE THE EFFECTIVENESS OF INSTRUCTIONAL TELEVISION, AND TO PROVIDE THAT THE SCETV COMMISSION IS REAUTHORIZED UNDER SECTION 1-20-60.

Read the first time and referred to the Committee on Finance.

S. 1246 -- Senator Martin: A BILL TO AMEND SECTION 37-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PRIZES AND GIFTS ACT, SO AS TO DEFINE "SPONSOR" AS A CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, SOLE PROPRIETORSHIP, OR NATURAL PERSON THAT OFFERS A PRIZE TO A PERSON IN SOUTH CAROLINA IN CONJUNCTION WITH THE SALE OR LEASE OF ANY PRODUCT OR SERVICE, OR IN CONJUNCTION WITH ANY REAL OR PURPORTED CONTEST, COMPETITION, SWEEPSTAKES, PUZZLE, DRAWING, SCHEME, PLAN, OR OTHER SELECTION PROCESS THAT REQUIRES, OR CREATES THE REASONABLE IMPRESSION OF REQUIRING, OR ALLOWS THE PERSON TO PAY ANY MONEY AS A CONDITION OF RECEIVING, OR IN CONJUNCTION WITH ALLOWING THE PERSON TO RECEIVE, USE, COMPETE FOR, OR OBTAIN A PRIZE, OR INFORMATION ABOUT A PRIZE; TO AMEND SECTION 37-15-30 OF THE 1976 CODE, RELATING TO RESTRICTIONS ON

Printed Page 1086 . . . . . Wednesday, March 13, 1996
REPRESENTATIONS THAT A PERSON HAS WON A PRIZE OR CONTEST, SO AS TO MAKE THIS SECTION APPLICABLE TO A SPONSOR RATHER THAN TO ANY PERSON IN CONNECTION WITH THE SALE, LEASE, OR SOLICITATION FOR THE SALE OR LEASE OF GOODS, PROPERTY, OR SERVICE; TO AMEND SECTION 37-15-40, RELATING TO THE FORM AND CONTENT OF DISCLOSURES REQUIRED AS PREREQUISITES TO REPRESENTATION THAT PERSON HAS CHANCE TO WIN SOMETHING, SO AS TO REVISE THE DISCLOSURES WHICH MUST BE MADE AND TO PROVIDE AN EXEMPTION FOR SPONSORS OF PRIZE PROMOTIONS THAT AWARD ALL PRIZES ABSOLUTELY FOR FREE AND IN WHICH THERE IS NO OPPORTUNITY FOR THE PAYMENT OF MONEY FROM THE PERSON TO THE SPONSOR, OR ANY AGENT OF THE SPONSOR; TO AMEND CHAPTER 15, TITLE 37 OF THE 1976 CODE, BY ADDING SECTION 37-15-45 SO AS TO PROVIDE THAT A SPONSOR WHO REPRESENTS TO A PERSON THAT THE PERSON HAS BEEN AWARDED A PRIZE SHALL, NOT LATER THAN THIRTY DAYS AFTER MAKING A REPRESENTATION, PROVIDE THE PERSON WITH THE PRIZE, OR WITH A VOUCHER, CERTIFICATE, OR OTHER DOCUMENT GIVING THE PERSON THE UNCONDITIONAL RIGHT TO RECEIVE THE PRIZE, OR SHALL PROVIDE THE PERSON WITH OTHER CONSIDERATION; TO AMEND CHAPTER 15, TITLE 37 OF THE 1976 CODE, BY ADDING SECTION 37-15-55 SO AS TO PROHIBIT CERTAIN ACTS; TO AMEND SECTION 37-15-80, RELATING TO CIVIL ACTIONS TO ENFORCE THE PRIZES AND GIFTS ACT, SO AS TO PROVIDE THAT ANY PERSON SUFFERING A PECUNIARY LOSS BECAUSE OF AN INTENTIONAL VIOLATION OF THIS ACT MAY RECOVER THE GREATER OF FIVE HUNDRED DOLLARS OR TWICE THE AMOUNT OF THE PECUNIARY LOSS; TO AMEND SECTION 37-15-100 OF THE CODE, RELATING TO EXEMPTIONS FROM CERTAIN PROVISIONS OF THIS ACT, SO AS TO PROVIDE THAT ANY WILLFUL FAILURE OF A SELLER CLAIMING EXEMPTION UNDER THIS ACT TO COMPLY WITH ALL OF THE TERMS OF THE EXEMPTION SHALL RENDER A CLAIM OF EXEMPTION VOID; AND TO AMEND SECTION 37-1-203 OF THE 1976 CODE, RELATING TO JURISDICTION OVER CREDITORS, SO AS TO ALSO MAKE THIS SECTION APPLICABLE TO PERSONS OTHER THAN CREDITORS
Printed Page 1087 . . . . . Wednesday, March 13, 1996
WHOSE CONDUCT IS GOVERNED BY THE PROVISIONS OF TITLE 37.

Read the first time and referred to the Committee on Judiciary.

S. 1247 -- Senators Jackson and Ryberg: A BILL TO AMEND SECTIONS 23-6-100 AND 23-6-110 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR DISTINCTIVE UNIFORMS AND VEHICLES FOR THE HIGHWAY PATROL AND THE STATE POLICE, SO AS TO PROVIDE THAT ALL MOTOR VEHICLES OF THE HIGHWAY PATROL USED FOR THE PATROL OF THE HIGHWAYS OF THE STATE AND THE ENFORCEMENT OF THE LAWS OF THE STATE RELATIVE TO HIGHWAY TRAFFIC, TRAFFIC SAFETY, AND MOTOR VEHICLES, AND ALL MOTOR VEHICLES OF THE STATE POLICE USED FOR THE ENFORCEMENT OF LAWS RELATING TO COMMERCIAL MOTOR CARRIERS RELATING TO SIZE, WEIGHT, PERMITS, LICENSING, AND INSPECTIONS FOR SIZE AND WEIGHT TOLERANCE AND SAFETY, SHALL BE CONSPICUOUSLY MARKED AS VEHICLES OF THE HIGHWAY PATROL OR THE STATE POLICE BY THE PLACEMENT OF BLUE OR OTHER APPROPRIATELY COLORED LIGHTS ATOP THE VEHICLE AND SUCH OTHER MARKINGS AS DEEMED APPROPRIATE BY THE PATROL TO CLEARLY IDENTIFY THE VEHICLE AS A VEHICLE OF THE HIGHWAY PATROL OR THE STATE POLICE.

Read the first time and referred to the Committee on Judiciary.

S. 1248 -- Senator Bryan: A BILL TO AMEND SECTION 40-7-190 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF BARBER EXAMINERS, SO AS TO AUTHORIZE THE BOARD TO GRANT VARIANCES FROM A REGULATION PROMULGATED UNDER THIS CHAPTER UNDER CERTAIN CIRCUMSTANCES.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1249 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 77 SO AS TO PROVIDE FOR THE ISSUANCE OF COASTAL IMPROVEMENT FUND LICENSE PLATES AND TO

Printed Page 1088 . . . . . Wednesday, March 13, 1996
PROVIDE PENALTIES FOR PERSONS WHO VIOLATE THIS ARTICLE.

Read the first time and referred to the Committee on Transportation.

H. 4744 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF REECE YON OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4745 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF MR. WILLIAM MARTIN CHAPMAN, JR., OF ANDERSON AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3230 -- Rep. Kirsh: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1317 SO AS TO PROHIBIT AN ELECTION OFFICIAL FROM INVOLVEMENT OF ANY KIND IN THE CAMPAIGN OF ANY CANDIDATE FOR OFFICE, PROHIBIT FINANCIAL CONTRIBUTIONS TO A CANDIDATE, PROHIBIT THE PUBLIC ENDORSEMENT OF A CANDIDATE, AND PROHIBIT THE OFFICIAL FROM SERVING AS A POLL WATCHER OR POLL MANAGER IN AN ELECTION; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL".

Read the first time and referred to the Committee on Judiciary.

H. 3326 -- Reps. Richardson, Baxley, Beatty, Stoddard, L. Whipper, Fair and Herdklotz: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 117 SO AS TO CREATE THE INDIVIDUAL MEDICAL ACCOUNT ACT ALLOWING A PERSON TO DEPOSIT FUNDS IN AN ACCOUNT ESTABLISHED AS A TRUST FOR THE PURPOSE OF PAYING THE MEDICAL, DENTAL, AND LONG-TERM CARE EXPENSES OF THE ACCOUNT HOLDER AND TO PROVIDE FOR THE DUTIES OF THE TRUSTEE, TO PROVIDE

Printed Page 1089 . . . . . Wednesday, March 13, 1996
A TAX EXEMPTION ON INTEREST EARNED, AND TO PROVIDE FOR THE WITHDRAWAL OF FUNDS.

Read the first time and referred to the Committee on Medical Affairs.

H. 4703 -- Rep. Harvin: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO DESIGNATE A MAP DOCUMENT NUMBER ON THE MAP DOCUMENT ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 4703--Ordered to a Second and Third Reading

On motion of Senator LAND, with unanimous consent, H. 4703 was ordered to receive a second and third reading on the next two consecutive legislative days.

REPORT OF STANDING COMMITTEE

Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., March 12, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the following:

Local Appointment

Reappointment, Kershaw County Master-in-Equity, with term to commence July 1, 1995, and to expire July 1, 2001:

| Printed Page 1070, Mar. 12 | Printed Page 1090, Mar. 13 |
Page Finder Index

This web page was last updated on Monday, June 29, 2009 at 1:56 P.M.