Printed Page 5630, May 5
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Printed Page 5630, May 5
| Printed Page 5650, May 5
| Amend title to conform.
Rep. HUFF explained the amendment.
The amendment was then adopted.
Reps. HODGES, ROBINSON and HUFF proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\16099AC.94), which was adopted.
Amend the bill, as and if amended, Section 2, page 3, by deleting lines 13-14 and inserting:
/program policies and procedures, take personnel disciplinary action, and involve law enforcement officials, as may be appropriate. Copies of/.
Amend title to conform.
Rep. HUFF explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HUFF, with unanimous consent, it was ordered that H. 4941 be read the third time tomorrow.
Rep. HODGES moved to adjourn debate upon the following Bill until Thursday, May 12, which was adopted.
H. 4742 -- Reps. McLeod, Sturkie, M.O. Alexander, Allison, Barber, G. Brown, H. Brown, Byrd, Cato, Chamblee, Cromer, Davenport, Delleney, Elliott, Farr, Fulmer, Gamble, Hallman, Harrelson, J. Harris, Harrison, Harvin, Haskins, Holt, Hutson, Jaskwhich, Kirsh, Koon, Lanford, Law, Littlejohn, Mattos, McElveen, McKay, Meacham, Moody-Lawrence, Neilson, Rhoad, Richardson, Riser, Rudnick, Simrill, D. Smith, R. Smith, Snow, Stille, Stone, Stuart, Vaughn, Waldrop, Witherspoon, Wofford, Wright and A. Young: A BILL TO AMEND SECTION 20-7-30, AS AMENDED, CODE OF LAWS OF SOUTH
The following Bill was taken up.
H. 5033 -- Rep. Phillips: A BILL TO AMEND SECTION 8-11-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS, LEAVE EARNINGS, AND THE TRANSFER OF AN EMPLOYEE'S ANNUAL LEAVE BALANCES FROM ONE STATE AGENCY TO ANOTHER, SO AS TO PROVIDE THAT ANY PERMANENT FULL-TIME EMPLOYEE OF A STATE AGENCY OR DEPARTMENT SHALL BE GIVEN FULL STATE SERVICE CREDIT FOR PRIOR
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20791SD.94), which was adopted.
Amend the bill, as and if amended, in Section 8-11-640 of the 1976 Code, as contained in SECTION 1, by adding immediately after /service/ on line 41, page 1, /, and no credit under this paragraph may be given for any out-of-state teaching service or other service with an out-of-state school district./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that H. 5033 be read the third time tomorrow.
The SPEAKER granted Rep. STODDARD a leave of absence for the remainder of the day.
Rep. G. BROWN moved that the House do now adjourn.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Bailey, J. Brown, G. Brown, J. Carnell Harris, P. Holt Kennedy McAbee Rhoad Williams
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barber Baxley Breeland Brown, H. Cato Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Fair Farr Felder Fulmer Gamble Graham Hallman Harrell Harrelson Harris, J. Harrison Huff Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Lanford Law Marchbanks Martin McCraw McKay McTeer Meacham Neal Neilson Phillips Richardson Riser Rudnick Sheheen Simrill Smith, D. Smith, R. Snow Spearman Stone Stuart Sturkie Thomas Tucker Waites Waldrop Walker Whipper White Wilder, D. Wilkes Witherspoon Wofford Worley Wright Young, A.
So, the House refused to adjourn.
I was unable to vote against the motion to adjourn because I was away from my desk discussing legislation. Had I been able to get to my desk prior to the expiration of the roll call, I would have voted AGAINST the motion to adjourn.
Rep. ALFRED B. ROBINSON, JR.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
S. 920 -- Senators Leventis, J. Verne Smith, Thomas, Courson, Passailaigue, Giese, Lander, Reese, Rose and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN-ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO IMPOSE A CHANGE OF USE PENALTY IN AN AMOUNT EQUAL TO TWENTY-FIVE DOLLARS ON PROPERTY CHANGED FROM AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Notwithstanding any other provision of law, a person laying claim to any of the contents of a storage facility of any kind whatsoever located in this State shall pay to the owner of the storage facility all unpaid rents due for the use of such facility before taking possession of such contents and will not be subject to any agricultural tax./
Renumber sections to conform.
Amend title to conform.
Rep. KENNEDY explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 3 was out of order as it was not germane in that the amendment dealt with storage facilities and the Bill dealt with agriculture use of land.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. McABEE proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\JIC\5961HTC.94), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 12-43-220 of the 1976 Code is amended by adding an appropriately lettered item at the end to read:
"( ) All unimproved and undeveloped real property not identified as part of a residential, commercial, or industrial development must be taxed on an assessment equal to two percent of the fair market value of the property."/
Renumber sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 4 was out of order as it was the same as Amendment No. 2.
Rep. McABEE argued contra the Point in stating that the amendment only dealt with the two percent.
Rep. McABEE proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\JIC\5963HTC.94), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, page 920-3, by striking lines 14 through 17.
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 42 to 41.
Rep. McABEE proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\JIC\5964HTC.94), which was adopted.
Amend the Report of the Committee on Ways and Means, as and if amended, page 920-3, line 34, by striking /since January 1, 1984,/ and inserting /for at least the ten years ending January 1, 1994,/
Amend title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Rep. LANFORD moved to commit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey, G. Baxley Beatty Breeland Brown, G. Byrd Carnell Cato Chamblee Cobb-Hunter Cooper Davenport Elliott Felder Harrelson Harris, P. Harwell Hines Holt Inabinett Jennings Kennedy Kinon Klauber Koon Lanford Law
Littlejohn Marchbanks McAbee McLeod McMahand Moody-Lawrence Neal Rhoad Robinson Rudnick Scott Sharpe Smith, D. Snow Spearman Stone Townsend Tucker Walker Whipper White Williams Witherspoon
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Baker Barber Boan Brown, H. Clyborne Corning Cromer Delleney Fair Farr Fulmer Gamble Graham Hallman Harrell Harrison Haskins Hodges Huff Hutson Keegan Keyserling Kirsh Martin Mattos McCraw McElveen McKay McTeer Meacham Phillips Richardson Riser Rogers Sheheen Shissias Simrill Smith, R. Stille Stuart Sturkie Thomas Vaughn Waites Wilder, D. Wilkes Wilkins Wofford Worley Wright Young, A.
So, the motion to commit was rejected.
Rep. McABEE proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\JIC\5977HTC.94), which was adopted.
Amend the report of the Committee on Ways and Means, as and if amended, page 920-2, by striking lines 29 through 31 and inserting:
/12-43-220(d)(3) earned at least one thousand dollars of gross farm income for at least three of/
/if he earned at least one thousand dollars of gross farm income in at least three of the first five/.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
The SPEAKER granted Rep. McMAHAND a leave of absence for the remainder of the day.
Rep. McABEE continued speaking.
Rep. KIRSH spoke against the amendment and moved to table the amendment.
Rep. McABEE demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 37 to 53.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. G. BROWN moved to table the Bill.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Baxley Beatty Brown, G. Brown, J. Byrd Carnell Cobb-Hunter Davenport Elliott Felder Govan Harris, P. Hines Holt Inabinett Kennedy Klauber Koon Lanford McAbee McLeod Moody-Lawrence Neal Neilson Rhoad Scott Spearman Whipper White Williams
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barber Boan Brown, H. Cato Chamblee Clyborne Cooper Cromer Delleney Fair Farr Fulmer Gamble Hallman Harrell Harrelson Harris, J. Harrison Harwell Haskins Hodges Huff Keegan Keyserling Kinon Kirsh Law Littlejohn Marchbanks Martin Mattos McCraw McElveen McKay McTeer Meacham Phillips Richardson Riser Robinson Rogers Rudnick Sheheen Simrill Smith, D. Smith, R. Snow Stille Stone Stuart Sturkie Thomas Townsend Tucker Vaughn Waites Walker Wilder, D. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the Bill.
The SPEAKER granted Rep. WHIPPER a leave of absence for the remainder of the day.
Rep. McLEOD moved to recommit the Bill to the Committee on Ways and Means.
Rep. McTEER raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. WILLIAMS moved that the House do now adjourn.
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