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Senator BRYAN rose to a Point of Personal Interest.
Senator BRYAN argued contra to the motion to dispense with the Motion Period.
Senator LEATHERMAN argued in favor of the motion.
Senator DRUMMOND asked unanimous consent to make a motion that the Senate stand in recess for ten minutes.
Senator MATTHEWS objected.
Senator MATTHEWS spoke on the motion.
Senator PEELER rose to a Point of Personal Privilege.
Senator DRUMMOND spoke on the motion.
Senator LEVENTIS made a Parliamentary Inquiry as to what was the current order of business.
The ACTING PRESIDENT stated that the pending motion was a motion to dispense with the Motion Period.
Senator LEVENTIS spoke on the motion.
At 12:25 P.M., the PRESIDENT assumed the Chair.
Senator PATTERSON made a Parliamentary Inquiry as to whether the motion that was made to reconsider the vote whereby the Senate agreed to meet on Friday, May 17, 1996, at 11:00 A.M. was the pending motion before the body.
Senator LEVENTIS asked unanimous consent to make a motion that it be the Sense of the Senate that H. 3730 be passed in some form.
Senator PATTERSON objected.
Senator COURSON spoke on the motion.
At 12:32 P.M., on motion of Senator COURSON, the Senate receded from business not to exceed five minutes.
At 12:45 P.M., the Senate resumed.
At 12:47 P.M., Senator MARTIN assumed the Chair.
Senator PEELER insisted on the motion to dispense with the Motion Period.
Senator LAND moved to table the motion.
A roll call vote was ordered.
Senator LAND made a Parliamentary Inquiry as to whether or not the motion to reconsider the motion whereby the Senate agreed to meet on Friday, May 17, 1996, at 11:00 A.M., would take unanimous consent in order to be made, if the motion to dispense with the Motion Period was adopted.
The ACTING PRESIDENT stated that to make the motion to reconsider would require unanimous consent.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Cork Drummond Elliott Ford Glover Hutto Jackson Land Matthews McGill Patterson
Rankin Reese Smith, G. Smith, J.V. Washington
Alexander Boan Courson Courtney Fair Giese Gregory Hayes Holland Lander Leatherman Leventis Martin McConnell Mescher Moore O'Dell Passailaigue Peeler Richter Rose Russell Ryberg Setzler Short Thomas Waldrep Wilson
The Senate refused to table the motion to dispense with the Motion Period.
The question then was the motion to dispense with the Motion Period.
The Senate agreed to dispense with the Motion Period.
On motion of Senator DRUMMOND, with unanimous consent, Senators DRUMMOND, J. VERNE SMITH and COURTNEY were granted leave of the Senate to attend a meeting of the Conference Committee on H. 4600, the General Appropriation Bill, and to be counted in any quorum calls.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATES.
S. 956 -- Senator Rankin: A BILL TO AMEND SECTION 61-9-312, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL VERSION OF A SPECIAL RETAIL BEER AND WINE PERMIT FOR OFF-PREMISES CONSUMPTION, SO AS TO REVISE THE MANNER IN WHICH A CERTAIN PORTION
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator LAND spoke on the Bill.
At 1:10 P.M., the PRESIDENT assumed the Chair.
At 1:16 P.M., Senator GIESE requested a leave of absence beginning at 5:00 P.M. until 7:45 P.M. today.
Senator LAND spoke on the Bill.
Senator LEVENTIS asked unanimous consent to make a motion to request a leave of absence from 2:00 P.M. until 8:00 P.M. today.
Senator LAND objected.
Senator LAND spoke on the Bill.
At 1:50 P.M., with Senator LAND retaining the floor, Senator MOORE asked unanimous consent to make a motion that the Senate stand in recess for five minutes.
Senator FAIR objected.
At 1:51 P.M., Senator MARTIN assumed the Chair.
Senator LAND continued speaking on the Bill.
At 1:52 P.M., with Senator LAND retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 2:12 P.M., the Senate resumed.
With Senator LAND retaining the floor, Senator McCONNELL asked unanimous consent to make a motion to place H. 3730 in the status of Interrupted Debate, with Senator LAND retaining the floor, and that if and when H. 3730 receives a second reading, it would automatically receive a third reading on the next successive legislative day; and, further, that H. 3838 would be placed in the first position in the category of Adjourned Debate; and, further, H. 3201 would be made a Special Order; and, further, that the Senate would stand adjourned to meet at 12:00 Noon, on Tuesday, May 21, 1996, in Statewide Session and not reconvene either on Friday, May 17, 1996, or Monday, May 20, 1996.
Senator HAYES objected.
Senator LAND spoke on the Bill.
At 2:29 P.M., Senator ROSE requested a leave of absence for the balance of the day.
Senator LAND spoke on the Bill.
At 2:37 P.M., the PRESIDENT assumed the Chair.
Senator LAND spoke on the Bill.
With Senator LAND retaining the floor, Senator McCONNELL asked unanimous consent to make a motion to place H. 3730 in the status of Interrupted Debate, with Senator LAND retaining the floor, to be taken up for consideration on Tuesday, May 21, 1996, and that if and when H. 3730 receives a second reading, it would automatically receive a third reading on the next successive legislative day; and, further, that H. 3838 would be placed in the first position in the category of Adjourned Debate; and, further, H. 3201 would be made a Special Order; and, further, that the Senate would stand adjourned to meet at 12:00 Noon, on Tuesday, May 21, 1996, in Statewide Session and not reconvene either on Friday, May 17, 1996, or Monday, May 20, 1996.
Senator RANKIN objected.
With Senator LAND retaining the floor, Senator McCONNELL asked unanimous consent to make a motion that the Senate proceed to take up for immediate consideration the amendments on S. 956.
There was no objection.
Senator RANKIN proposed the following Amendment No. 4 (956R009.LAR), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/SECTION 1. Section 61-9-312 of the 1976 Code, as last amended by Section 75, Part II, Act 145 of 1995, is further amended to read:
"Section 61-9-312. (A) In counties or municipalities where temporary permits are authorized to be issued pursuant to Section 61-5-180, in lieu of the retail permit fee required pursuant to Section 61-9-310, a retail dealer otherwise eligible for the retail permit under that section may elect to apply for a special version of that permit which allows sales for off-premises consumption without regard to the restrictions on the days or hours of sales provided in Sections 61-9-90, 61-9-100, 61-9-110, and 61-9-130. The annual fee for this special retail permit is one thousand dollars.
(B) Revenue generated by the fees must be credited to the general fund of the State except that revenue generated by the fees within a county where a federal military base or installation has been closed, or is designated to be closed and where the federal facility has reduced its permanent civilian employment by three thousand seven hundred fifty or more jobs after December 31, 1990, for a period of ten years after the effective date of Chapter 12 of Title 31, must be credited to a special separate and distinct account with the Budget and Control Board for support of a redevelopment authority created therein pursuant to Chapter 12 of Title 31. All other requirements for retail permits provided in Section 61-9-310 apply to the special permits authorized by this section.
(C) (1) Immediately following the dissolution of a redevelopment authority pursuant to Section 31-12-100 (A), the fees distributed to the dissolved redevelopment authority pursuant to subsection (B) must be distributed to the municipality or county in which the retailer who paid the fee is located. The revenue may only be used by the municipality or county for the following purposes:
(b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5); and
(c) festivals which have a demonstrable and significant impact on tourism.
(2) The revenue may not be used for operating expenses of tourism-related buildings.
SECTION 2. Section 61-5-180 of the 1976 Code is amended to read:
"Section 61-5-180. (A) In addition to the provisions of Section 61-5-85, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The department in its sole discretion shall specify the terms and conditions of the permit.
(B) (1) The permit fees must be credited to the general fund of the State distributed to the municipality or county in which the retailer who paid the fee is located. The revenue may only be used by the municipality or county for the following purposes:
(a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;
(b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5);
(c) festivals which have a demonstrable and significant impact on tourism;
(d) local youth mentor programs to serve juvenile offenders under the jurisdiction of the family court;
(e) contributions to matching funds necessary for a local government or entity to receive funding from the Legacy Trust Fund pursuant to Chapter 22 of Title 51;
(f) contributions to a redevelopment authority pursuant to Section 31-12-10, et seq.
(2) The revenue may not be used for operating expenses of tourism-related buildings.
(C) Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the county or municipality, as the case may be, in not less than thirty nor more than forty days after receiving the petition. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, 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 South Carolina Department of Revenue and Taxation. The question on the ballot shall read substantially as follows:
`Shall the South Carolina Department of Revenue and Taxation be authorized to issue temporary permits in this (county)(municipality) 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 may not be held more often than once in forty-eight months.
The expenses of any such referendum must be paid by the county or municipality conducting the referendum.
SECTION 3. In a county in which temporary permits may be issued pursuant to Section 61-5-180, revenue generated by the fees imposed under that section within a county where a federal military base or installation has been closed, or is designated to be closed and where the federal facility has reduced its permanent civilian employment by seven hundred fifty or more jobs, but not more than two thousand nine hundred ninety-nine jobs, after December 31, 1990, for a period of three years beginning July 1, 1997, must be credited to a special separate and distinct account with the Budget and Control Board for support of a redevelopment authority created therein pursuant to Chapter 12 of Title 31.
SECTION 4. Sections 1 and 2 of this act take effect July 1, 1996, and Section 3 of this act takes effect July 1, 1997./
Renumber sections to conform.
Amend title to conform.
Senator RANKIN moved that the amendment be adopted.
The amendment was adopted.
The question then was the third reading of the Bill.
With Senator LAND retaining the floor, Senator McCONNELL asked unanimous consent to make a motion to place H. 3730 in the status of Interrupted Debate, with Senator LAND retaining the floor, to be taken up for consideration on Tuesday, May 21, 1996, and that if and when H. 3730 receives a second reading, it would automatically receive a third reading on the next successive legislative day; and, further, that H. 3838 would be placed in the first position in the category of Adjourned Debate; and, further, H. 3201 would be made a Special Order following all other Special Orders; and, further, that S. 956 would be given a third reading; and, further, that the Senate would stand adjourned to meet at 12:00 Noon, on Tuesday, May 21, 1996, in Statewide Session and not reconvene either on Friday, May 17, 1996, or Monday, May 20, 1996, in Statewide Session.
Senator RYBERG objected.
Senator LAND continued speaking on the Bill.
With Senator LAND retaining the floor, Senator McCONNELL asked unanimous consent to make a motion to place H. 3730 in the status of Interrupted Debate, with Senator LAND retaining the floor, to be taken up for consideration on Tuesday, May 21, 1996, and that if and when H. 3730 receives a second reading, it would automatically receive a third reading on the next successive legislative day; and, further, that H. 3838 would be placed in the first position in the category of Adjourned Debate; and, further, H. 3201 would be made a Special Order following all other Special Orders; and, further, that S. 956 would be given a third reading; and, further, that when the Senate adjourns today, the Senate would stand adjourned to meet at 11:00 A.M. on Friday, May 17, 1996, under the provisions of Rule 1 to take up any local and uncontested matters that have received unanimous consent to be taken up, and that when the Senate adjourns on Friday, it stand adjourned to meet at 12:00 Noon on Tuesday, May 21, 1996.
There being no further amendments, the Bill, S. 956, was read the third time, passed and ordered sent to the House of Representatives with amendments.
Senator McCONNELL asked unanimous consent to make a motion that the Senate proceed to a Call of the Uncontested Statewide Calendar.
There was no objection.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED STATEWIDE CALENDAR.
At 3:00 P.M., Senator MARTIN assumed the Chair.
The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 4910 -- Reps. Sandifer, Cain and Chamblee: A BILL TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS AND VOTING PLACES IN OCONEE COUNTY, SO AS TO COMBINE THE TOKEENA AND PROVIDENCE PRECINCTS INTO ONE PRECINCT AND PROVIDE FOR ITS VOTING PLACE.
H. 4795 -- Rep. Gamble: A BILL TO AMEND SECTION 37-10-102, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, SO AS TO PROVIDE THAT THE ATTORNEY'S PREFERENCE AND THE INSURANCE AGENT'S PREFERENCE OF THE BORROWER REQUIRED TO BE ASCERTAINED BY THE CREDITOR IN CONNECTION WITH THESE LOANS ARE INDEPENDENT OF EACH OTHER AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE CREDITOR SHALL COMPLY WITH THIS REQUIREMENT; TO AMEND SECTION 37-10-105, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE
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