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 5700, May 10 | Printed Page 5720, May 10 |

Printed Page 5710 . . . . . Tuesday, May 10, 1994

Those who voted in the affirmative are:
Askins           Bailey, G.       Bailey, J.
Baxley           Boan             Delleney
Farr             Hodges           Holt
Houck            Jennings         Kirsh
Martin           McCraw           Rudnick
Sheheen          Spearman         Stoddard
Tucker           Wilder, D.       Wilkes

Total--21

Those who voted in the negative are:

Baker            Brown, H.        Cato
Clyborne         Corning          Fair
Fulmer           Gamble           Gonzales
Graham           Harrell          Harrison
Haskins          Huff             Keegan
Kelley           Klauber          Koon
Law              Marchbanks       Quinn
Richardson       Riser            Robinson
Sharpe           Shissias         Smith, D.
Smith, R.        Stone            Stuart
Walker           Wells            Wilkins
Witherspoon      Wofford          Wright
Young, A.        Young, R.

Total--38

So, the House refused to adjourn.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

Rep. J. BAILEY moved that the House do now adjourn.

POINT OF ORDER

Rep. WITHERSPOON raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.


Printed Page 5711 . . . . . Tuesday, May 10, 1994

Rep. TUCKER moved that the House recur to the Morning Hour.

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

Yeas 33; Nays 55

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Askins
Bailey, G.       Bailey, J.       Baxley
Boan             Chamblee         Cromer
Delleney         Elliott          Farr
Harrelson        Harris, J.       Hodges
Holt             Houck            Jennings
Keyserling       Kirsh            McCraw
McKay            Rhoad            Rogers
Rudnick          Sheheen          Spearman
Stoddard         Tucker           Wilder, D.
Wilder, J.       Wilkes           Worley

Total--33

Those who voted in the negative are:

Allison          Baker            Beatty
Breeland         Brown, H.        Cato
Clyborne         Cobb-Hunter      Cooper
Corning          Fulmer           Gamble
Gonzales         Graham           Hallman
Harrell          Harrison         Haskins
Hines            Huff             Hutson
Inabinett        Jaskwhich        Keegan
Kelley           Klauber          Koon
Lanford          Law              Littlejohn
Marchbanks       McMahand         Meacham
Quinn            Richardson       Riser
Robinson         Shissias         Simrill
Smith, D.        Smith, R.        Stille
Stone            Stuart           Trotter
Vaughn           Walker           Wells
Whipper          Wilkins          Witherspoon

Printed Page 5712 . . . . . Tuesday, May 10, 1994

Wofford          Wright           Young, A.
Young, R.

Total--55

So, the House refused to recur to the Morning Hour.

S. 73--DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. GONZALES having the floor.

S. 73 -- Senator Rose: A BILL TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 SO AS TO ALLOW THE QUALIFIED ELECTORS OF A COUNTY WITHOUT A RECREATION DISTRICT TO CREATE A RECREATION DISTRICT, TO AUTHORIZE THE MAXIMUM TAX MILLAGE FOR THE OPERATION OF THE DISTRICT, AND TO PROVIDE FOR THE CREATION OF A COMMISSION WITH CERTAIN POWERS AND DUTIES.

AMENDMENT NO. 1--TABLED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 11, by the Committee on Ways and Means.

Rep. GONZALES continued speaking and moved to table the amendment, which was agreed to.

Rep. GONZALES moved to adjourn debate upon the Bill until Tuesday, May 17, which was adopted.

S. 1182--INTERRUPTED DEBATE

The following Bill was taken up.

S. 1182 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-1-85 SO AS TO REQUIRE THE INDENTURE FOR A TAX-EXEMPT BOND TO INCLUDE A COVENANT TO FILE AN ANNUAL INDEPENDENT AUDIT WITH A CENTRAL REPOSITORY AND SIMILARLY TO FILE WITH A CENTRAL REPOSITORY EVENT SPECIFIC INFORMATION ADVERSELY AFFECTING MORE THAN FIVE PERCENT OF REVENUE.


Printed Page 5713 . . . . . Tuesday, May 10, 1994

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5906HTC.94).

Amend the bill, as and if amended, in Section 11-1-85, as contained in Section 1, page 1, line 27, by striking /indenture/ and inserting /indenture, ordinance, or resolution/ and on line 33 by striking the period and inserting /or its tax base./ so that when amended, Section 11-1-85 reads:

"Section 11-1-85. Notwithstanding any other provision of law, a tax-exempt bond issued by or on behalf of any public or private body or entity must include in the issuing indenture, ordinance, or resolution a covenant requiring the issuer to file with a central repository for availability in the secondary bond market when requested:

(1) an annual independent audit, within thirty days of the issuer's receipt of the audit, and

(2) event specific information, within thirty days of an event adversely affecting more than five percent of revenue or its tax base."

Amend title to conform.

Rep. BOAN explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. BOAN having the floor.

SPECIAL ORDERS INSISTED UPON

Rep. HASKINS insisted upon the Special Orders of the day.

S. 920--RETURNED TO THE SENATE WITH AMENDMENT

The following Bill was taken up.

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 5714 . . . . . Tuesday, May 10, 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 moved to commit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.

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

Yeas 24; Nays 63

Those who voted in the affirmative are:

Anderson         Askins           Beatty
Byrd             Cato             Cobb-Hunter
Cooper           Harrelson        Hines
Inabinett        Koon             Lanford
Littlejohn       Marchbanks       McAbee
Neal             Rhoad            Robinson
Sharpe           Spearman         Trotter
Whipper          White            Williams

Total--24


Printed Page 5715 . . . . . Tuesday, May 10, 1994

Those who voted in the negative are:
Alexander, M.O.  Alexander, T.C.  Allison
Baker            Barber           Baxley
Brown, H.        Chamblee         Clyborne
Corning          Cromer           Delleney
Elliott          Fair             Farr
Fulmer           Gamble           Gonzales
Graham           Hallman          Harrell
Harris, J.       Haskins          Hodges
Houck            Hutson           Jaskwhich
Jennings         Keegan           Kelley
Keyserling       Kirsh            Law
McCraw           McElveen         McKay
McMahand         Meacham          Moody-Lawrence
Neilson          Richardson       Riser
Rudnick          Sheheen          Shissias
Simrill          Smith, R.        Snow
Stille           Stone            Stuart
Tucker           Vaughn           Waites
Waldrop          Walker           Wells
Wilder, D.       Wilkes           Witherspoon
Wofford          Worley           Wright

Total--63

So, the House refused to commit the Bill.

Rep. McABEE spoke against the Bill.

Rep. CORNING moved immediate cloture on the entire matter.

The yeas and nays were taken resulting as follows:

Yeas 66; Nays 38

Those who voted in the affirmative are:

Allison          Anderson         Baker
Beatty           Breeland         Brown, H.
Brown, J.        Byrd             Cato
Chamblee         Clyborne         Cobb-Hunter
Cooper           Corning          Delleney
Fair             Fulmer           Gamble
Gonzales         Govan            Graham

Printed Page 5716 . . . . . Tuesday, May 10, 1994

Hallman          Harrell          Harrison
Haskins          Hines            Huff
Hutson           Inabinett        Jaskwhich
Keegan           Kelley           Kirsh
Klauber          Lanford          Law
Littlejohn       Marchbanks       McMahand
Meacham          Moody-Lawrence   Neal
Quinn            Richardson       Riser
Robinson         Sharpe           Shissias
Simrill          Smith, D.        Smith, R.
Stone            Stuart           Trotter
Vaughn           Walker           Wells
Whipper          White            Wilkins
Williams         Witherspoon      Wofford
Wright           Young, A.        Young, R.

Total--66

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Askins
Bailey, G.       Bailey, J.       Barber
Baxley           Boan             Cromer
Elliott          Farr             Harrelson
Harris, J.       Harwell          Hodges
Holt             Houck            Jennings
Keyserling       Koon             McAbee
McCraw           McKay            Rhoad
Rogers           Rudnick          Sheheen
Snow             Spearman         Stille
Stoddard         Tucker           Waites
Waldrop          Wilder, D.       Wilder, J.
Wilkes           Worley

Total--38

So, having received the necessary vote, immediate cloture was ordered.

Rep. McABEE continued speaking.

Rep. KIRSH spoke in favor of the Bill.

Rep. HODGES moved that the House do now adjourn.


Printed Page 5717 . . . . . Tuesday, May 10, 1994

Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Yeas 38; Nays 70

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Askins
Barber           Baxley           Boan
Carnell          Elliott          Farr
Harris, J.       Harwell          Hodges
Holt             Houck            Jennings
Kirsh            Martin           Mattos
McAbee           McCraw           McKay
Neilson          Rhoad            Rogers
Rudnick          Sheheen          Snow
Spearman         Stille           Stoddard
Townsend         Tucker           Waites
Waldrop          Wilder, D.       Wilder, J.
Wilkes           Worley

Total--38

Those who voted in the negative are:

Allison          Anderson         Baker
Beatty           Breeland         Brown, H.
Brown, J.        Byrd             Cato
Chamblee         Clyborne         Cobb-Hunter
Cooper           Corning          Cromer
Davenport        Delleney         Fair
Fulmer           Gamble           Gonzales
Govan            Graham           Hallman
Harrell          Harrelson        Harrison
Haskins          Hines            Huff
Hutson           Inabinett        Jaskwhich
Keegan           Kelley           Kennedy
Keyserling       Klauber          Koon
Lanford          Law              Littlejohn
Marchbanks       McElveen         McMahand
Meacham          Neal             Quinn
Richardson       Riser            Robinson
Scott            Sharpe           Shissias
Simrill          Smith, R.        Stone

Printed Page 5718 . . . . . Tuesday, May 10, 1994

Stuart           Trotter          Vaughn
Walker           Wells            Whipper
White            Wilkins          Witherspoon
Wofford          Wright           Young, A.
Young, R.

Total--70

So, the House refused to adjourn.

Rep. KIRSH continued speaking.

Rep. HODGES spoke against the Bill.

Reps. CROMER and J. WILDER spoke in favor of the Bill.

Reps. INABINETT and HARWELL spoke against the Bill.

Rep. HODGES moved to recommit the Bill to the Committee on Ways and Means.

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

Yeas 44; Nays 61

Those who voted in the affirmative are:

Anderson         Askins           Bailey, G.
Beatty           Breeland         Brown, J.
Byrd             Cato             Cobb-Hunter
Cooper           Harrelson        Harwell
Hines            Hodges           Holt
Houck            Inabinett        Jaskwhich
Kennedy          Klauber          Koon
Lanford          Littlejohn       Marchbanks
Martin           McAbee           McKay
McMahand         Moody-Lawrence   Neal
Neilson          Rhoad            Robinson
Scott            Snow             Spearman
Stoddard         Trotter          Tucker
Whipper          White            Wilder, J.
Williams         Worley

Total--44

Printed Page 5719 . . . . . Tuesday, May 10, 1994

Those who voted in the negative are:
Alexander, M.O.  Alexander, T.C.  Allison
Baker            Barber           Baxley
Boan             Chamblee         Clyborne
Corning          Cromer           Davenport
Delleney         Fair             Farr
Fulmer           Gamble           Gonzales
Graham           Hallman          Harrell
Harris, J.       Harrison         Haskins
Hutson           Jennings         Keegan
Kelley           Keyserling       Kirsh
Law              Mattos           McCraw
McElveen         Meacham          Quinn
Richardson       Riser            Rogers
Rudnick          Sheheen          Shissias
Simrill          Smith, R.        Stille
Stone            Stuart           Sturkie
Vaughn           Waites           Waldrop
Walker           Wells            Wilder, D.
Wilkes           Wilkins          Witherspoon
Wofford          Wright           Young, A.
Young, R.

Total--61

So, the House refused to commit the Bill.

LEAVE OF ABSENCE

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

Rep. MARTIN spoke against the Bill.

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

POINT OF ORDER

Rep. KIRSH 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. WILKES spoke in favor of the Bill.

Rep. JENNINGS spoke against the Bill.


| Printed Page 5700, May 10 | Printed Page 5720, May 10 |

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