South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

FRIDAY, FEBRUARY 5, 1993

Friday, February 5, 1993
(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:

Almighty God, our Father, always ready to hear us when we pray and to answer us when we call, live in us and work through us that Your plans and purposes may be accomplished. Set our visions upon the highest goals, give us pure thoughts, worthy motives, and wise minds for the achieving of them. In every situation of life, strengthen our efforts to attain the right that together we may work in concert for the welfare of Your people. Guide us by Your higher wisdom and lead us in the way You would have us to go.

We pray in the Name of the Lord of life. Amen.

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

REPORT OF THE
JOINT LEGISLATIVE COMMITTEE
ON TOURISM AND TRADE
1991 - 1992

The following was received:

JANUARY 1993

TO THE HONORABLE CARROLL A. CAMPBELL, JR., 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 Joint Committee on Tourism and Trade held a meeting during the Governor's Conference on Tourism and Travel on January 31, l992. A 1991 legislative overview was presented by Chairman McAbee. He said admissions tax legislation was adopted during the 1991 session. Regarding alcoholic beverage law modification, he said several meetings had been held to address the issue and that the Committee would continue to look into it.

The Committee viewed a film about South Carolina that will be shown around the State. They also viewed two television spots for the spring advertising campaign.

A presentation was heard regarding H.3014 and H.3163. These bills are designed to reduce the blood alcohol level for DUI's by 20%.

The Committee held a meeting on March 31, l992. The members went on record in support of H.4465, a joint resolution that proposes an amendment to the constitution that would allow all qualified electors at the next general election to vote on the possibility of eliminating the use of mini-bottles. Sunday sales of beer and wine was also discussed and a proposal was adopted.

On April 15, l992, PRT, the Joint Committee on Tourism and Trade, the Wade Hampton High School Choral Group, and the Pelham Road Elementary Singers were invited by the General Assembly to attend a House Assembly and a Senate Assembly. The purpose was to recognize the importance of tourism in South Carolina and to present the highly acclaimed original song "Coming Home", which pays tribute to the citizens of South Carolina.

The Committee held a meeting on May 12, l992. PRT Funds-Sharing applications were discussed and 291 projects with funding totaling 1.8 million dollars were approved.

The Accommodations Tax Incentive Bill was also discussed. Chairman McAbee suggested staff look into several revisions to the bill and prepare it for introduction during the 1993 legislation session.

A meeting was held on October 3, l992 at the Grove Park Inn in Asheville, N.C. to discuss the possible extension of the Blue Ridge Parkway into South Carolina. The guest speaker was Mr. James Ryan of the National Park Service. After Mr. Ryan's presentation, Chairman McAbee asked staff from PRT to draft a proposal so the committee could move forward on the project.

There was also some discussion regarding Sunday liquor sales and the possibility of an international airport at Myrtle Beach Air Force Base.

Legislation Enacted in 1992 Affecting Parks, Recreation & Tourism
and Monitored by the Tourism and Trade Committee

H 3197     Hotel/Motel Room Security Devices (R#447, Act#386)
Requires certain security devices for any accommodations furnished to transients by any hotel or motel. Provisions don't apply to campgrounds or residences of any nature.

S 1048     "Adopt-A-Beach Program" (R#360, Act#362)
Provides for the development by the Coastal Council of an "Adopt-A-Beach" program.

S 1223     Expansion of Good Samaritan Act (R#414, Act#362)
Provides for the exemption from liability for donors of food so as to include within the exemption consumer agricultural products which the donor allows to be removed from his land.

H 4248     Expansion of Good Samaritan Act (R#356, Act#317)
Provides for the exemption from liability for donors of food so as to include within the exemption consumer agricultural products which the donor allows to be removed from his land.

H 3044     SHIMS Money to General Fund (R#637, Act#501)
Temporary proviso in the appropriations bill would re-direct a one time SHIMS contribution of $25 million from 1992-93 collections.

H 3044     Sales Tax Bingo Play (R#637, Act#501)
This proviso in the appropriations bill imposes a sales tax on gross proceeds from bingo games, except Class E license games.

H 3044     Biennial ABC Licensure (R#637, Act#501)
This appropriations bill proviso requires that ABC licenses be issued biennially and that fees be adjusted accordingly.

H 3044     Sales Tax Vendor Discount (R#637, Act#501)
Appropriations bill proviso that lowers the discount from $10,000 to $3,000 that retailers receive for timely filed returns.

H 4258     Non-permitted Signs Grace Period (R#585, Act#473)
120-day grace period for non-permitted signs and provision for road side market and community event signs.

H 4571     Assessment Report Requirement Prior to Issuance of State Agency Regulations (R#646, Act#507)
Requires state agencies to submit assessment reports in connection with agency actions that would have substantial economic impact means financial impact in excess of $100,000 on the taxpayers, an industry or industries, consumers of a product or service, or commercial, retail or service businesses.

S 1273     S. C. Energy Conservation and Efficiency Act of 1992 (R#535, Act #449)
Creates a State Energy Office to establish a State Energy Policy. State agencies and public school districts most directly affected.

S 1162     Reducing Saltwater Charter Boat Permit Fees (R#532, Act #447)
Amends the Recreational Fisheries Conservation and Management Act of 1991 by decreasing certain charter vessel permit fees.

S 1141     Retroactive Application of Accommodations Tax Act Provision (R#536, Act#450)
Accommodations tax exemption on additional guest charges such as in-room movies, health club fees, etc. applied retroactively to cover affected businesses.

H 3550     Penalty for Handicapped Parking Violation Increased to $200 (R#494, Act #421)

S 200             Penalty for Dumping Litter Increased to $1000 (R#341, Act#307)

H 4398     State Botanical Garden (R#309, Act #288)
Designate the Clemson University Botanical Garden as the State Botanical Garden.

S 1389     Pendleton District Region to include tourism in name (R#407, Act#358)

Concurrent Resolutions

H 4370     Supporting the relocation of the National Medal of Honor Museum to Patriots Point and urging PRT and others to lend their support to this effort.

H 4609     Recognizing the importance of tourism to South Carolina and the original song "Coming Home" which pays tribute to the citizens of South Carolina.

S 1494         Congratulating Beverly Brandes on her election as Chairman of the Board of Trustees of the National Recreation and Park Association.

H 4627     Memorializing Congress to extend the Blue Ridge Parkway into South Carolina.

H 4853     Directs the SCDHPT when developing the state's plan to remove nonconforming outdoor advertising signs to first concentrate efforts on signs located on interstate and scenic highways.

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. Morgan Martin         /s/Senator Greg Smith

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

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

H. 3412 -- Rep. McLeod: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR SUMTER COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR SUMTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE SUMTER COUNTY ELECTION COMMISSION AND THE SUMTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW SUMTER COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.

SENT TO THE SENATE

The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.

H. 3280 -- Rep. Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-13-120 SO AS TO PROVIDE A METHOD BY WHICH A RURAL COMMUNITY WATER DISTRICT MAY BE DISSOLVED.

H. 3071 -- Rep. T.C. Alexander: A BILL TO AMEND SECTION 12-4-335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS REQUIRED OF PERSONS WHO REPRESENT TAXPAYERS IN THE ADMINISTRATIVE TAX PROCESS BEFORE A STATE OR LOCAL TAX AUTHORITY, SO AS TO ALLOW A REAL ESTATE APPRAISER TO REPRESENT A TAXPAYER IN AN ADMINISTRATIVE MATTER LIMITED TO THE VALUATION OF REAL PROPERTY AND TO PROVIDE EXCEPTIONS.

H. 3100 -- Reps. Simrill, Meacham, Kinon, J. Bailey, R. Smith, Walker, Fair, Littlejohn, Wells, Cato, Allison, Vaughn, Haskins, Stuart, Farr, A. Young, Beatty, Mattos, Hines, Boan, Wright, T.C. Alexander, Gamble, Lanford, M.O. Alexander, Elliott, Moody-Lawrence, D. Wilder and Trotter: A BILL TO AMEND SECTIONS 7-15-320 AND 7-15-340, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO LOWER FROM SEVENTY-TWO TO SIXTY-FIVE THE AGE OF A PERSON WHO QUALIFIES TO VOTE BY ABSENTEE BALLOT.

H. 3381 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO WAIVER OF FEES AND SPECIAL VOLUNTEER LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1545, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

ADJOURNMENT

At 10:35 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, February 9.

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