Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

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| Printed Page 3520, Mar. 16 | Printed Page 3540, Mar. 16 |

Printed Page 3530 . . . . . Wednesday, March 16, 1994

The question then recurred to the motion to reconsider, which was agreed to.

The question then recurred to the adoption of the amendment.

Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:

Yeas 66; Nays 41

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Askins           Bailey, G.       Baker
Boan             Brown, H.        Cato
Chamblee         Clyborne         Cooper
Corning          Davenport        Fair
Fulmer           Gamble           Gonzales
Graham           Hallman          Harrell
Harrison         Haskins          Holt
Houck            Huff             Hutson
Jaskwhich        Jennings         Keegan
Kelley           Kirsh            Klauber
Koon             Lanford          Law
Littlejohn       Marchbanks       McLeod
Meacham          Moody-Lawrence   Phillips
Quinn            Richardson       Riser

Printed Page 3531 . . . . . Wednesday, March 16, 1994

Robinson         Shissias         Simrill
Smith, D.        Smith, R.        Spearman
Stoddard         Stone            Sturkie
Trotter          Vaughn           Waldrop
Walker           Wilder, D.       Wilkes
Wilkins          Witherspoon      Wofford
Worley           Wright           Young, A.

Total--66

Those who voted in the negative are:

Bailey, J.       Baxley           Breeland
Brown, G.        Brown, J.        Byrd
Canty            Carnell          Cobb-Hunter
Cromer           Delleney         Elliott
Farr             Govan            Harrelson
Harris, J.       Harris, P.       Hines
Inabinett        Kennedy          Keyserling
Kinon            Martin           McAbee
McCraw           McElveen         McMahand
McTeer           Neal             Neilson
Rudnick          Scott            Sheheen
Snow             Stille           Thomas
Townsend         Tucker           Waites
Whipper          White

Total--41

So, the amendment was adopted.

AMENDMENT NO. 55--MOTION TO RECONSIDER TABLED

Rep. CLYBORNE moved to reconsider the vote whereby Amendment No. 55 was adopted.

Rep. WILKINS moved to table the motion to reconsider, which was agreed to.

Rep. GONZALES proposed the following Amendment No. 64 (Doc Name L:\council\legis\amend\DKA\3287HTC.94), which was adopted.

Amend the report of the Committee on Ways and Means, as and if amended, SECTION 2, page 4633-3, by striking lines 19 through 23 and inserting:


Printed Page 3532 . . . . . Wednesday, March 16, 1994

/United State Department of Labor. Total county spending in the prior fiscal year does not include spending pursuant to items (2)(b), 3, 4, 5, and 6 of this section. Total spending by a county government for purposes of this limitation is the total of all county government spending in a fiscal year from all sources of funds and for all purposes, but total county government spending for the current fiscal year does not include:/

Amend further, page 4633-3, by striking lines 28 and 29 and inserting:

/(2)(a) spending of fee revenues generated by income-producing services first extended to customers in the current fiscal year;

(b) spending of fee revenues generated by facilities which charge admission or rental fees;/

Amend further, SECTION 3, page 4633-4, by striking lines 4 through 7 and inserting:

/Total municipal spending in the prior fiscal year does not include spending pursuant to items (2)(b), (3), (4), (5), and (6) of this section. Total spending by a municipal government for purposes of this limitation is the total of a municipal government spending in a fiscal year from all sources of funds and for all purposes, but total municipal government spending for the current fiscal year does not include:/

Amend further, page 4633-4, by striking lines 13 and 14 and inserting:

/(2)(a) spending of fee revenues generated by income-producing services first extended to customers in the current fiscal year;

(b) spending of fee revenues generated by facilities which charge admission or rental fees;/

Amend further, SECTION 4, page 4633-4, by striking lines 32 through 36 and inserting:

/of Labor Statistics of the United State Department of Labor. Total district spending in the prior fiscal year does not include spending pursuant to items (2)(b), 3, 4, 5, and 6 of this section. Total spending by a special purpose or public service district for purposes of this limitation is the total of special purpose or public service district spending in a fiscal year from all sources of funds and for all purposes, but does not include for the current fiscal year:/

Amend further, SECTION 4, page 4633-4, by striking lines 41 and 42 and inserting:

/(2)(a) spending of fee revenues generated by income-producing services first extended to customers in the current fiscal year;

(b) spending of fee revenues generated by facilities which charge admissions or rental fees;/

Amend further, SECTION 5, page 4633-5, by striking line 14 and inserting:


Printed Page 3533 . . . . . Wednesday, March 16, 1994

/school year. Total ad valorem tax revenue in the prior school year does not include revenues pursuant to items (2) and (3) of this section. However, the limitation on revenues imposed by this/

Amend title to conform.

Rep. GONZALES explained the amendment.

The amendment was then adopted.

AMENDMENT NO. 58--RECONSIDERED AND ADOPTED

The motion of Rep. PHILLIPS to reconsider the vote whereby Amendment No. 58 was rejected was taken up and agreed to by a division vote of 60 to 43.

Reps. RICHARDSON and GONZALES spoke against the amendment.

Rep. KENNEDY spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

Rep. WHITE demanded the yeas and nays, which were taken resulting as follows:

Yeas 64; Nays 44

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Askins           Bailey, G.       Barber
Baxley           Beatty           Boan
Breeland         Brown, G.        Brown, J.
Byrd             Canty            Chamblee
Cobb-Hunter      Corning          Elliott
Farr             Felder           Govan
Harrelson        Harris, J.       Harris, P.
Harwell          Haskins          Hines
Hodges           Holt             Houck
Hutson           Inabinett        Jennings
Kennedy          Keyserling       Kinon
Littlejohn       McAbee           McCraw
McElveen         McKay            McMahand
McTeer           Neal             Phillips
Rhoad            Rogers           Rudnick
Scott            Sheheen          Snow
Spearman         Thomas           Townsend
Tucker           Vaughn           Waites
Waldrop          Whipper          White

Printed Page 3534 . . . . . Wednesday, March 16, 1994

Wilder, D.       Wilder, J.       Wilkes
Wilkins

Total--64

Those who voted in the negative are:

Brown, H.        Carnell          Cato
Clyborne         Cromer           Davenport
Fair             Fulmer           Gamble
Gonzales         Graham           Hallman
Harrell          Harrison         Huff
Jaskwhich        Keegan           Kelley
Kirsh            Klauber          Koon
Lanford          Law              Marchbanks
Meacham          Moody-Lawrence   Quinn
Richardson       Riser            Robinson
Shissias         Simrill          Smith, D.
Smith, R.        Stille           Stone
Stuart           Trotter          Walker
Witherspoon      Wofford          Wright
Young, A.        Young, R.

Total--44

So, the amendment was adopted.

Rep. RUDNICK proposed the following Amendment No. 65 (Doc Name L:\council\legis\amend\JIC\5687HTC.94), which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, by striking /two-thirds/ and inserting /three-fifths/ on page 4633-3, line 37; on page 4633-4, line 22; and on page 4633-5, on lines 5 and 24.

Amend title to conform.

Rep. HUFF moved to table the amendment, which was agreed to by a division vote of 59 to 28.

Rep. NEAL proposed the following Amendment No. 66 (Doc Name L:\council\legis\amend\JIC\5669HTC.94), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:


Printed Page 3535 . . . . . Wednesday, March 16, 1994

/SECTION ___. (A) Section 12-37-220(B) of the 1976 Code is amended by adding two appropriately numbered items to read:

"( ) an amount of the fair market value of real property qualifying as a legal residence pursuant to Section 12-43-220(C) attributable to reassessments occurring after the year the current owner acquired the property. This exemption does not apply to increases attributable to improvements. For purposes of this item, improvements do not include routine maintenance or improvements made to make more habitable an existing structure.

( ) an amount of the fair market value of not more than one hundred acres of unimproved real property owned by individuals attributable to reassessments occurring after the year the current owners acquired the property. This exemption applies only to unimproved real property which is not classified as agricultural real property and any improvements on the real property voids the exemption for the current owner for succeeding property tax years. An intrafamily transfer of less than one hundred percent of the ownership of the property does not constitute new ownership for purposes of this exemption."

(B) This section takes effect January 1, 1995, and applies only with respect to increases in fair market attributable to countywide reassessment programs occurring after 1994./

Renumber sections to conform.

Amend title to conform.

Rep. NEAL explained the amendment.

Rep. BOAN moved to table the amendment.

Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:

Yeas 60; Nays 38

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Askins           Baker            Baxley
Boan             Carnell          Cato
Chamblee         Cooper           Fair
Farr             Felder           Fulmer
Gamble           Gonzales         Graham
Hallman          Harris, J.       Harris, P.
Harwell          Hodges           Holt
Houck            Huff             Hutson

Printed Page 3536 . . . . . Wednesday, March 16, 1994

Jennings         Keegan           Kelley
Kinon            Kirsh            Klauber
Littlejohn       Marchbanks       Martin
Mattos           McAbee           McCraw
McKay            McTeer           Meacham
Phillips         Rhoad            Riser
Sheheen          Simrill          Smith, R.
Stoddard         Stone            Trotter
Tucker           Vaughn           Waites
Waldrop          Walker           Wilder, D.
Wilder, J.       Wright           Young, A.

Total--60

Those who voted in the negative are:

Barber           Beatty           Breeland
Brown, G.        Brown, H.        Brown, J.
Byrd             Canty            Cobb-Hunter
Davenport        Delleney         Govan
Harrell          Harrelson        Haskins
Hines            Inabinett        Jaskwhich
Kennedy          Keyserling       Law
McElveen         McLeod           McMahand
Moody-Lawrence   Neal             Neilson
Richardson       Robinson         Rudnick
Scott            Smith, D.        Spearman
Stille           Stuart           Whipper
White            Wofford

Total--38

So, the amendment was tabled.

Rep. COBB-HUNTER proposed the following Amendment No. 69 (Doc Name L:\council\legis\amend\JIC\5680HTC.94), which was rejected.

Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 2, page 4633-3, after line 38, by adding an appropriately numbered item to read:

/( ) spending for economic development purposes./

Amend further, SECTION 3, page 4633-4, after line 23, by adding an appropriately numbered item to read:


Printed Page 3537 . . . . . Wednesday, March 16, 1994

/( ) spending for identifiable and directly related to industrial recruitment and job development./

Amend further, SECTION 4, page 4633-5, after line 6, by adding an appropriately numbered item to read:

/( ) spending for economic development purposes./

Renumber to conform.

Amend title to conform.

Rep. COBB-HUNTER was recognized.

MOTION NOTED

Rep. CORNING moved to reconsider the vote whereby Amendment No. 58 was adopted and the motion was noted.

Rep. COBB-HUNTER explained the amendment.

Rep. GONZALES moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:

Yeas 45; Nays 59

Those who voted in the affirmative are:

Allison          Brown, H.        Cato
Chamblee         Clyborne         Cooper
Fair             Fulmer           Gamble
Gonzales         Graham           Harrell
Harris, P.       Harrison         Haskins
Holt             Huff             Hutson
Jaskwhich        Keegan           Kelley
Kirsh            Klauber          Koon
Littlejohn       Marchbanks       Meacham
Quinn            Riser            Robinson
Shissias         Simrill          Smith, D.
Smith, R.        Stille           Stone
Townsend         Trotter          Vaughn
Walker           Wilkins          Witherspoon
Wofford          Wright           Young, A.

Total--45

Printed Page 3538 . . . . . Wednesday, March 16, 1994

Those who voted in the negative are:
Alexander, M.O.  Askins           Barber
Baxley           Beatty           Boan
Breeland         Brown, G.        Brown, J.
Byrd             Canty            Carnell
Cobb-Hunter      Corning          Cromer
Davenport        Elliott          Farr
Felder           Govan            Harrelson
Harris, J.       Harwell          Hines
Houck            Inabinett        Jennings
Kennedy          Keyserling       Kinon
Martin           Mattos           McAbee
McCraw           McElveen         McKay
McLeod           McMahand         McTeer
Moody-Lawrence   Neal             Neilson
Phillips         Richardson       Rogers
Rudnick          Scott            Sheheen
Spearman         Stoddard         Stuart
Thomas           Tucker           Waites
Whipper          White            Wilder, J.
Wilkes           Worley

Total--59

So, the House refused to table the amendment.

Rep. GONZALES spoke against the amendment.

LEAVES OF ABSENCE

The SPEAKER granted Reps. CANTY and McMAHAND a leave of absence for the remainder of the day.

Rep. COBB-HUNTER spoke in favor of the amendment.

Rep. HASKINS spoke against the amendment.

Rep. CLYBORNE moved to table the amendment.

POINT OF ORDER

Rep. GAMBLE raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.

The question then recurred to the adoption of the amendment.


Printed Page 3539 . . . . . Wednesday, March 16, 1994

Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Yeas 54; Nays 56

Those who voted in the affirmative are:

Alexander, T.C.  Askins           Bailey, G.
Bailey, J.       Baxley           Beatty
Boan             Breeland         Brown, G.
Byrd             Carnell          Cobb-Hunter
Delleney         Elliott          Farr
Felder           Govan            Harrelson
Harris, J.       Harris, P.       Hines
Hodges           Houck            Inabinett
Jennings         Kennedy          Keyserling
Martin           McAbee           McCraw
McElveen         McLeod           McMahand
McTeer           Moody-Lawrence   Neal
Neilson          Phillips         Rhoad
Richardson       Rudnick          Sheheen
Snow             Spearman         Stille
Stoddard         Thomas           Tucker
Waites           Walker           Whipper
White            Wilder, J.       Wilkes

Total--54

Those who voted in the negative are:

Allison          Baker            Barber
Brown, H.        Cato             Chamblee
Clyborne         Cooper           Corning
Cromer           Davenport        Fair
Fulmer           Gamble           Gonzales
Graham           Hallman          Harrell
Harrison         Haskins          Holt
Huff             Hutson           Jaskwhich
Keegan           Kelley           Kirsh
Klauber          Koon             Lanford
Law              Littlejohn       Marchbanks
Mattos           McKay            Meacham
Quinn            Riser            Robinson
Shissias         Simrill          Smith, D.

Printed Page 3540 . . . . . Wednesday, March 16, 1994

Smith, R.        Stone            Stuart
Townsend         Trotter          Vaughn
Waldrop          Wilder, D.       Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.

Total--56

So, the amendment was rejected.


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