Printed Page 5550, May 4
| Printed Page 5570, May 4
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Printed Page 5550, May 4
| Printed Page 5570, May 4
| "(3) Agricultural real property does not come within the provisions of this section unless the owners of the real property or their agents make a written application therefor on or before May first of the first penalty date for taxes due for the first tax year in which the special assessment is claimed. The application for the special assessment must be made to the assessor of the county in which the agricultural real property is located, on forms provided by the county and approved by the department and a failure to apply constitutes a waiver of the special assessment for that year. The governing body may extend the time for filing upon a showing satisfactory to it that the person had reasonable cause for not filing on or before May first the first penalty date. No additional annual filing is required while the use classification of the property is unchanged. The owner shall notify the assessor within six months of a change in use. For failure to notify the assessor of a change in use, in addition to any other penalties provided by law, a penalty of ten percent and interest at the rate of one-half of one percent a month must be paid on the difference between the amount that was paid and the amount that should have been paid, but not less than thirty dollars nor more than the current year's taxes."
SECTION 4. Article 3, Chapter 43, Title 12 of the 1976 Code is amended by adding:
"Section 12-43-215. When owner-occupied residential property assessed pursuant to Section 12-43-220(c) is valued for purposes of ad valorem taxation, the value of the land must be determined on the basis that its highest and best use is for residential purposes."
SECTION 5. Real property initially classified as agricultural real property and made ineligible for that classification by the provisions of Section 12-43-232 of the 1976 Code, as added by this act, is not subject to rollback tax.
SECTION 6. Notwithstanding the provisions of Section 12-43-220(d) of the
1976 Code, every owner of property classified as agricultural real property for
property tax year 1994 must reapply to the appropriate county assessor to
maintain agricultural use classification for property tax years after 1994 in
the manner provided in Section 12-43-220(d) of the 1976 Code as amended by this
act. The application must contain the certification provided in Section
12-43-232 of the 1976 Code as added by this act. The county assessor shall send
a written notice to every owner of land classified as agricultural property
informing the owner of the reapplication requirement.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. WHITE spoke against the amendment.
Rep. INABINETT moved to table the amendment.
Rep. McABEE moved to table the Bill.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Beatty Breeland Brown, J. Byrd Carnell Cobb-Hunter Elliott Harrelson Harris, P. Hines Holt Inabinett Jaskwhich Kennedy Klauber Koon Marchbanks McAbee McLeod McMahand Moody-Lawrence Neal Neilson Rhoad Robinson Scott Sharpe Spearman Stoddard Trotter Whipper White Wilder, J. Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, G. Baker Barber Baxley Boan Brown, G. Brown, H. Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Fair Gamble Graham Harrell Harris, J. Harrison Harvin Haskins Hodges Houck Huff Hutson
Jennings Keegan Keyserling Kinon Kirsh Lanford Littlejohn Mattos McCraw McKay McTeer Meacham Phillips Quinn Richardson Riser Rogers Rudnick Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stille Stone Stuart Sturkie Thomas Townsend Tucker Vaughn Waites Walker Wells Wilder, D. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
So, the House refused to table the Bill.
The question then recurred to the motion to table the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Beatty Brown, G. Carnell Elliott Harrelson Harris, P. Hines Jaskwhich Kennedy Lanford McAbee McLeod Moody-Lawrence Neal Neilson Rhoad Smith, D. Stoddard Wilder, J. Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Baker Barber Baxley
Boan Breeland Brown, H. Chamblee Clyborne Cobb-Hunter Corning Davenport Delleney Fair Gamble Graham Hallman Harrell Harris, J. Harrison Harvin Haskins Houck Huff Hutson Jennings Keegan Keyserling Kinon Kirsh Koon Littlejohn Marchbanks McCraw McKay McTeer Meacham Quinn Richardson Riser Robinson Rogers Rudnick Sharpe Sheheen Simrill Smith, R. Snow Stille Stone Stuart Sturkie Townsend Trotter Tucker Vaughn Walker Wells Whipper Wilder, D. Wilkes Witherspoon Wofford Wright Young, A. Young, R.
So, the House refused to table the amendment.
Rep. MEACHAM moved immediate cloture on the entire matter.
Rep. McLEOD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baker Cooper Cromer Fulmer Gamble Hallman Harrell Harrison Haskins Huff Hutson Keegan Kelley Kirsh Lanford Marchbanks Meacham Neilson Quinn Riser Simrill Stille Stuart Trotter Vaughn Waites
Walker Wells Wilder, D. Wofford Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Barber Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Cato Chamblee Cobb-Hunter Davenport Delleney Elliott Graham Harrelson Harris, J. Harris, P. Harvin Hodges Holt Houck Inabinett Jaskwhich Kennedy Keyserling Kinon Koon Littlejohn Mattos McAbee McCraw McKay McLeod McTeer Moody-Lawrence Neal Phillips Rhoad Richardson Robinson Rogers Rudnick Scott Sheheen Smith, R. Snow Stoddard Stone Sturkie Tucker Whipper White Williams Worley Wright
So, immediate cloture was rejected.
I did not vote for cloture because as a matter of principle I do not vote for cloture any time as I believe in free and open debate. Sometimes unlimited debate is necessary to prevent "the tyranny of the majority."
Rep. JAMES P. HARRELSON
Reps. McABEE and G. BROWN spoke against the amendment.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Amendment No. 1, Rep. G. BROWN having the floor.
At 11:45 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R422) H. 4967 -- Reps. Carnell, McAbee and Klauber: AN ACT TO PROVIDE FOR THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 SHALL BE ELECTED INCLUDING THE ESTABLISHMENT OF NINE SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH CERTAIN TRUSTEES SHALL BE ELECTED BEGINNING IN 1994, AND TO PROVIDE THAT BEGINNING IN 1994, ELECTIONS FOR THESE TRUSTEES SHALL BE HELD AT THE SAME TIME AS THE GENERAL ELECTION.
(R423) S. 25 -- Senators Bryan and Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-737 SO AS TO REQUIRE AN OFFER OF COVERAGE FOR PSYCHIATRIC CONDITIONS IN GROUP HEALTH INSURANCE POLICIES AND DEFINE "PSYCHIATRIC CONDITIONS".
(R424) S. 605 -- Senator Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY EXEMPT FROM AD VALOREM TAXATION, SO AS TO PERMIT A MUNICIPAL GOVERNING BODY TO EXEMPT FROM MUNICIPAL AD VALOREM TAXES FOR NOT MORE THAN FIVE YEARS ALL NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, AND ADDITIONS TO SUCH FACILITIES LOCATED IN THE MUNICIPALITY, AND TO AUTHORIZE A SIMILAR EXEMPTION FOR ALL NEW ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES AND ADDITIONS TO SUCH ENTERPRISES LOCATED IN THE MUNICIPALITY AND TO PROVIDE THAT THESE EXEMPTIONS ARE SUBJECT TO THOSE
(R425) S. 671 -- Senator Land: AN ACT TO AMEND SECTIONS 12-19-20 and 12-19-100, BOTH AS AMENDED, 12-19-110 AND 33-1-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE LICENSE FEES, LICENSE FEES ON UTILITIES AND ELECTRIC COOPERATIVES, AND FILING FEES CHARGED FOR DOCUMENTS FILED WITH THE SECRETARY OF STATE, SO AS TO PROVIDE THAT THE CORPORATE LICENSE FEE FOR FOREIGN CORPORATIONS MUST BE PAID WHEN FILING WITH THE SECRETARY OF STATE AND TO DELETE OBSOLETE PROVISIONS RELATING TO THE LICENSE TAX ON UTILITIES AND ELECTRIC COOPERATIVES.
(R426) S. 796 -- Senator Leventis: AN ACT TO AMEND ARTICLE 3, CHAPTER 39, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EGGS, SO AS TO REVISE THE RESTRICTIONS, REQUIREMENTS, AND PENALTIES ON AND THE EXEMPTIONS FOR THE LABELING AND MARKETING OF EGGS; AND TO REPEAL ARTICLE 1, CHAPTER 39, TITLE 39, RELATING TO THE SALE OF EGGS AND BABY CHICKS.
(R427) S. 987 -- Senator Drummond: AN ACT TO AMEND SECTION 1-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE LIABILITY INSURANCE FOR STATE AGENCIES AND EMPLOYEES, SO AS TO PROVIDE LIABILITY INSURANCE FOR STATE AGENCIES AND OTHER PUBLIC ENTITIES THROUGH THE OFFICE OF INSURANCE SERVICES RATHER THAN THE DIVISION OF GENERAL SERVICES AND TO AUTHORIZE SUCH COVERAGE FOR PHYSICIANS OR DENTISTS WHO ARE PAID FOR PROFESSIONAL SERVICES FROM FEES PAID TO A PRACTICE PLAN AUTHORIZED BY THEIR EMPLOYERS WHETHER OR NOT INCORPORATED AND REGISTERED WITH THE SECRETARY OF STATE; AND TO AMEND SECTIONS 15-78-30, 15-78-70, AND 15-78-120, ALL AS AMENDED, RELATING TO DEFINITIONS, APPLICATIONS, AND LIMITATIONS ON LIABILITY FOR PURPOSES OF THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT THE ACT EXTENDS TO A LICENSED
(R428) S. 1021 -- Senator Washington: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-55 SO AS TO PROVIDE FOR THE RESPONSIBILITY FOR THE COSTS OF MEDICAL CARE FOR AN ARRESTED PERSON AND TO AMEND SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL AND DETENTION SERVICES FOR JUVENILES, SO AS TO FURTHER PROVIDE FOR THE COST OF PROVIDING CERTAIN MEDICAL SERVICES TO JUVENILES IN DEPARTMENT OF JUVENILE JUSTICE FACILITIES.
(R429) S. 1026 -- Senator McGill: AN ACT TO AMEND SECTIONS 52-7-15 AND 52-7-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS AND MEETINGS OF THE STATE ATHLETIC COMMISSION, SO AS TO ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER AND REPLACE IT WITH AN ADMINISTRATOR APPOINTED BY THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION; TO AMEND SECTION 52-7-30, AS AMENDED, RELATING TO DUTIES OF THE STATE ATHLETIC COMMISSION, SO AS TO ALLOW A DESIGNEE OF THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION TO APPOINT OFFICIALS; TO AMEND SECTION 52-7-65, RELATING TO DISCIPLINARY ACTIONS BY THE CHIEF COMMISSIONER, SO AS TO CONFORM THE PROVISION TO THE PROVISIONS OF THIS ACT AND EXTEND THE AUTHORITY TO COMMISSION REPRESENTATIVES IN CHARGE OF AN EVENT; TO AMEND SECTION 52-7-75, RELATING TO APPROVAL OR DENIAL OF PERMITS, SO AS TO CHANGE REFERENCES TO CHIEF COMMISSIONER TO ADMINISTRATOR AND ADD A REFERENCE TO A NEW DISCIPLINARY PROVISION; AND TO AMEND SECTION 52-7-310, RELATING TO COUNTY ATHLETIC COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS OF A COUNTY ATHLETIC COMMISSION SHALL RECEIVE NO COMPENSATION FROM THE STATE AND MAY RECEIVE OTHER COMPENSATION AUTHORIZED BY THE COUNTY AND AS AUTHORIZED BY THE STATE ATHLETIC COMMISSION IF PAID
(R430) S. 1180 -- Senators Bryan, Elliott, Washington, Hayes, Jackson and Thomas: A JOINT RESOLUTION TO ESTABLISH A PILOT PROJECT FOR SCHOOL-BASED COUNSELING SERVICES.
(R431) S. 1314 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PARKING AND TRAFFIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 1709, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R432) S. 1321 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO TITLE V OPERATING PERMIT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1706, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R433) S. 1322 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO LICENSE TO CONSTRUCT OR CLEAN ON-SITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS AND SELF-CONTAINED TOILETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1691, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R434) S. 1347 -- Senator Peeler: AN ACT TO ENACT THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY TAX RELIEF ACT.
(R435) H. 3518 -- Rep. R. Young: AN ACT TO AMEND SECTION 30-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITE FOR RECORDING A DEED OR INSTRUMENT IN WRITING, SO AS TO ADD AN ALTERNATIVE METHOD AS A PREREQUISITE FOR RECORDING; AND TO AMEND SECTION 29-3-330, RELATING TO THE METHODS A
(R436) H. 3919 -- Rep. Simrill: AN ACT TO AMEND SECTION 12-36-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR RETAILERS TO OBTAIN A RETAIL LICENSE BEFORE ENGAGING IN BUSINESS, SO AS TO INCLUDE FESTIVALS AMONG THOSE SPECIAL EVENTS FOR WHICH A RETAILER FILES A SPECIAL EVENTS SALES TAX RETURN AND IS NOT REQUIRED TO HAVE A RETAIL LICENSE AND TO DEFINE "FESTIVAL".
(R437) H. 4180 -- Reps. Harrison, Wells, Gonzales, Wright, Barber, R. Smith, Fulmer, D. Wilder, Klauber, Jennings, A. Young and Corning: AN ACT TO AMEND CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS, SO AS TO ENACT THE SOUTH CAROLINA NONPROFIT CORPORATION ACT OF 1994 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH NONPROFIT CORPORATIONS OPERATE AND TRANSACT BUSINESS IN THIS STATE; TO AMEND SECTIONS 15-9-210, AS AMENDED, 15-9-240, 15-9-245, AND 15-9-430, AS AMENDED, RELATING TO SERVICE OF PROCESS, SO AS TO FURTHER PROVIDE FOR THE APPLICABILITY OF THESE SECTIONS TO BUSINESS OR NONPROFIT CORPORATIONS, OR BOTH; TO AMEND SECTION 33-11-101, RELATING TO MERGERS OF BUSINESS CORPORATIONS, SO AS TO MAKE THE PROVISIONS OF THE SECTION APPLICABLE TO NONPROFIT CORPORATIONS; TO AMEND SECTION 33-20-103, RELATING TO THE APPLICABILITY OF THE SOUTH CAROLINA BUSINESS CORPORATION ACT TO NONPROFIT CORPORATIONS, SO AS TO FURTHER PROVIDE FOR THIS APPLICABILITY IN REGARD TO NONPROFIT CORPORATIONS AND ELECTRIC AND TELEPHONE COOPERATIVES; TO ADD SECTION 33-49-690 SO AS TO PROVIDE FOR IMMUNITY FROM LIABILITY FOR DIRECTORS, TRUSTEES, OR MEMBERS OF THE GOVERNING BODIES OF ELECTRIC COOPERATIVES UNDER CERTAIN CONDITIONS; TO AMEND THE
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