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

Page Finder Index

| Printed Page 5640, May 5 | Printed Page 5660, May 5 |

Printed Page 5650 . . . . . Thursday, May 5, 1994

Rep. CLYBORNE demanded the yeas and nays, which were taken resulting as follows:
Yeas 34; Nays 70

Those who voted in the affirmative are:

Anderson         Baxley           Breeland
Brown, G.        Brown, J.        Byrd
Carnell          Cobb-Hunter      Elliott
Farr             Govan            Harrelson
Harris, P.       Hines            Holt
Inabinett        Jennings         Kennedy
Koon             Lanford          McAbee
McKay            McLeod           Neal
Phillips         Rhoad            Rudnick
Scott            Spearman         Stille
Townsend         Whipper          White
Williams

Total--34

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Allison
Bailey, G.       Baker            Barber
Beatty           Boan             Brown, H.
Cato             Chamblee         Clyborne
Cooper           Corning          Cromer
Davenport        Delleney         Fulmer
Gamble           Hallman          Harrell
Harris, J.       Harrison         Harwell
Haskins          Hodges           Huff
Keegan           Keyserling       Kinon
Kirsh            Klauber          Law
Littlejohn       Marchbanks       Martin
Mattos           McCraw           McElveen
McTeer           Meacham          Moody-Lawrence
Neilson          Richardson       Riser
Robinson         Rogers           Sharpe
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Snow
Stone            Stuart           Sturkie
Thomas           Tucker           Vaughn

Printed Page 5651 . . . . . Thursday, May 5, 1994

Waites           Walker           Wilder, D.
Wilkes           Wilkins          Witherspoon
Wofford          Worley           Wright
Young, A.

Total--70

So, the House refused to adjourn.

Rep. G. BROWN moved that the House recede until 12:15 P.M., which was adopted by a division vote of 59 to 16.

Further proceedings were interrupted by the House receding, the pending question being consideration of amendments.

THE HOUSE RESUMES

At 12:15 P.M. the House resumed, the SPEAKER in the Chair.

LEAVES OF ABSENCE

The SPEAKER granted Reps. HOLT, TOWNSEND and HODGES a leave of absence for the remainder of the day.

POINT OF QUORUM

The question of a quorum was raised. A quorum was later present.

S. 920--AMENDED AND ORDERED TO THIRD READING

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


Printed Page 5652 . . . . . Thursday, May 5, 1994

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.

Rep. McABEE proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\JIC\5982HTC.94), which was tabled.

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 nine hundred dollars of gross farm income for at least three of/

Amend further, page 920-3, by striking lines 3 through 5 and inserting:

/if he earned at least nine hundred dollars of gross farm income in at least three of the first five/.

Amend totals and title to conform.

Rep. McABEE explained the amendment.

Rep. KIRSH spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 41 to 32.


Printed Page 5653 . . . . . Thursday, May 5, 1994

Rep. McABEE proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\JIC\5983HTC.94), which was tabled.

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 eight hundred dollars of gross farm income for at least three of/

Amend further, page 920-3, by striking lines 3 through 5 and inserting:

/if he earned at least eight hundred dollars of gross farm income in at least three of the first five/.

Amend totals and title to conform.

Rep. McABEE explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. FARR 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, which was agreed to by a division vote of 39 to 22.

Rep. McABEE proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\JIC\5984HTC.94), which was tabled.

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 seven hundred dollars of gross farm income for at least three of/

Amend further, page 920-3, by striking lines 3 through 5 and inserting:

/if he earned at least seven hundred dollars of gross farm income in at least three of the first five/.

Amend totals and title to conform.

Rep. McABEE explained the amendment.

Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 46 to 24.

Rep. McABEE proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\JIC\5985HTC.94), which was tabled.

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:


Printed Page 5654 . . . . . Thursday, May 5, 1994

/12-43-220(d)(3) earned at least six hundred dollars of gross farm income for at least three of/

Amend further, page 920-3, by striking lines 3 through 5 and inserting:

/if he earned at least six hundred dollars of gross farm income in at least three of the first five/.

Amend totals and title to conform.

Rep. McABEE explained the amendment.

Rep. KIRSH spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 45 to 21.

Rep. McABEE proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\JIC\5986HTC.94), which was tabled.

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 five hundred dollars of gross farm income for at least three of/

Amend further, page 920-3, by striking lines 3 through 5 and inserting:

/if he earned at least five hundred dollars of gross farm income in at least three of the first five/.

Amend totals and title to conform.

Rep. McABEE explained the amendment.

Rep. G. BROWN moved to commit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.

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

Yeas 35; Nays 62

Those who voted in the affirmative are:

Allison          Anderson         Askins
Bailey, G.       Beatty           Breeland
Brown, G.        Byrd             Carnell
Cato             Cobb-Hunter      Cooper
Felder           Govan            Harrelson
Harvin           Hines            Inabinett
Kennedy          Klauber          Koon
Lanford          Littlejohn       Marchbanks
McAbee           McLeod           Moody-Lawrence

Printed Page 5655 . . . . . Thursday, May 5, 1994

Neal             Neilson          Rhoad
Robinson         Scott            Spearman
White            Williams

Total--35

Those who voted in the negative are:

Alexander, T.C.  Baker            Barber
Baxley           Boan             Brown, H.
Chamblee         Clyborne         Corning
Cromer           Davenport        Delleney
Fair             Fulmer           Gamble
Graham           Hallman          Harrell
Harris, J.       Harrison         Harwell
Huff             Hutson           Keegan
Kelley           Keyserling       Kinon
Kirsh            Martin           Mattos
McCraw           McElveen         McKay
McTeer           Meacham          Phillips
Richardson       Riser            Rogers
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Snow
Stille           Stone            Stuart
Sturkie          Thomas           Tucker
Vaughn           Waites           Walker
Wilder, D.       Wilkes           Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.

Total--62

So, the House refused to commit the Bill.

Rep. McABEE continued speaking.

Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 47 to 21.

Rep. McABEE proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\JIC\5987HTC.94), which was tabled.

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:


Printed Page 5656 . . . . . Thursday, May 5, 1994

/12-43-220(d)(3) earned at least four hundred dollars of gross farm income for at least three of/

Amend further, page 920-3, by striking lines 3 through 5 and inserting:

/if he earned at least four hundred dollars of gross farm income in at least three of the first five/.

Amend totals and title to conform.

Rep. McABEE explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BARBER a leave of absence for the remainder of the day.

Rep. McABEE continued speaking.

Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 45 to 23.

Rep. KENNEDY moved that the House do now adjourn.

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

Yeas 7; Nays 74

Those who voted in the affirmative are:

Askins           Brown, G.        Carnell
Inabinett        Koon             McAbee
McLeod

Total--7

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Baker            Baxley
Beatty           Boan             Brown, H.
Cato             Chamblee         Cooper
Cromer           Davenport        Delleney
Fair             Fulmer           Gamble
Govan            Graham           Hallman
Harrell          Harrelson        Harris, J.
Harrison         Harvin           Harwell
Haskins          Hines            Huff

Printed Page 5657 . . . . . Thursday, May 5, 1994

Hutson           Keegan           Kelley
Kennedy          Keyserling       Kinon
Kirsh            Klauber          Lanford
Marchbanks       Martin           McCraw
McElveen         McKay            McTeer
Meacham          Moody-Lawrence   Neal
Neilson          Phillips         Richardson
Riser            Robinson         Sharpe
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Snow
Spearman         Stille           Stone
Stuart           Tucker           Vaughn
Walker           White            Wilder, D.
Wilkes           Wilkins          Wofford
Wright           Young, A.

Total--74

So, the House refused to adjourn.

Rep. McABEE proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\JIC\5988HTC.94), which was tabled.

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 three hundred dollars of gross farm income for at least three of/

Amend further, page 920-3, by striking lines 3 through 5 and inserting:

/if he earned at least three hundred dollars of gross farm income in at least three of the first five/.

Amend totals and 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 24.

Rep. McABEE proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\JIC\5989HTC.94), which was tabled.

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 two hundred dollars of gross farm income for at least three of/


Printed Page 5658 . . . . . Thursday, May 5, 1994

Amend further, page 920-3, by striking lines 3 through 5 and inserting:

/if he earned at least two hundred dollars of gross farm income in at least three of the first five/.

Amend totals and title to conform.

Rep. McABEE moved to table the amendment, which was agreed to.

Rep. McABEE proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\JIC\5990HTC.94), which was tabled.

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 hundred dollars of gross farm income for at least three of/

Amend further, page 920-3, by striking lines 3 through 5 and inserting:

/if he earned at least one hundred dollars of gross farm income in at least three of the first five/.

Amend totals and title to conform.

Rep. McABEE explained the amendment.

Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 37 to 20.

Rep. WILKES proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\JIC\6003HTC.94), which was adopted.

Amend the report of the Committee on Ways and Means, as and if amended, page 920-4, by striking the quotation mark on line 38 and by inserting immediately after line 38:

/Additional property tax revenues derived from the operation of this section changing agricultural use property to some other use must be used only for the purpose of rolling back property tax millage."/

Amend title to conform.

Rep. WILKES explained the amendment.

Rep. KIRSH spoke against the amendment.

Rep. WILKES spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 83; Nays 1

Printed Page 5659 . . . . . Thursday, May 5, 1994

Those who voted in the affirmative are:
Alexander, M.O.  Allison          Anderson
Baker            Baxley           Breeland
Brown, H.        Carnell          Cato
Chamblee         Cobb-Hunter      Cooper
Corning          Cromer           Davenport
Delleney         Fair             Felder
Fulmer           Gamble           Govan
Graham           Hallman          Harrell
Harris, J.       Harrison         Harvin
Harwell          Haskins          Hines
Hutson           Inabinett        Keegan
Kennedy          Keyserling       Kinon
Kirsh            Klauber          Koon
Lanford          Law              Littlejohn
Marchbanks       Martin           Mattos
McAbee           McCraw           McElveen
McKay            McLeod           McTeer
Meacham          Moody-Lawrence   Neilson
Phillips         Quinn            Rhoad
Richardson       Riser            Robinson
Rudnick          Scott            Sheheen
Shissias         Simrill          Smith, R.
Snow             Spearman         Stille
Stone            Stuart           Sturkie
Thomas           Tucker           Vaughn
Walker           Wilder, D.       Wilkes
Williams         Witherspoon      Wofford
Worley           Wright

Total--83

Those who voted in the negative are:

Askins

Total--1

So, the amendment was adopted.


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