Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 1920, Mar. 22 | Printed Page 1940, Mar. 22 |

Printed Page 1930 . . . . . Wednesday, March 22, 1995

Rep. LANFORD explained the amendment.

Rep. H. BROWN moved to table the amendment.

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

Yeas 58; Nays 59

Those who voted in the affirmative are:

Allison          Baxley           Boan
Brown, H.        Cain             Carnell
Cato             Chamblee         Cooper
Cotty            Cromer           Dantzler
Davenport        Easterday        Fair
Felder           Fulmer           Hallman
Harrell          Harrison         Haskins
Herdklotz        Huff             Keegan
Kelley           Kirsh            Klauber
Law              Limbaugh         Limehouse
Marchbanks       Mason            McAbee
Meacham          Neilson          Quinn
Rhoad            Rice             Robinson
Sandifer         Seithel          Sharpe
Simrill          Smith, D.        Smith, R.
Spearman         Stille           Tripp
Trotter          Vaughn           Walker
Wells            Wilkins          Witherspoon
Wofford          Worley           Young, A.
Young, J.

Total--58

Those who voted in the negative are:

Anderson         Askins           Bailey
Beatty           Breeland         Brown, G.
Brown, J.        Brown, T.        Byrd
Canty            Cave             Clyburn
Cobb-Hunter      Delleney         Elliott
Fleming          Gamble           Govan
Harris, J.       Harris, P.       Hines
Hodges           Howard           Hutson
Inabinett        Jennings         Kennedy


Printed Page 1931 . . . . . Wednesday, March 22, 1995

Keyserling       Kinon            Knotts
Koon             Lanford          Littlejohn
Lloyd            Martin           McCraw
McTeer           Moody-Lawrence   Neal
Phillips         Richardson       Riser
Rogers           Scott            Sheheen
Shissias         Stoddard         Stuart
Thomas           Townsend         Tucker
Whatley          Whipper, L.      Whipper, S.
White            Wilder           Wilkes
Williams         Wright

Total--59

So, the House refused to table the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Reps. H. BROWN and WALKER spoke against the amendment.

Rep. KENNEDY spoke in favor of the amendment.

SPEAKER IN CHAIR

Rep. KENNEDY continued speaking.

Rep. SCOTT spoke in favor of the amendment.

Rep. BOAN spoke against the amendment.

Rep. LANFORD moved to adjourn debate upon the amendment, which was adopted.

LEAVE OF ABSENCE

The SPEAKER granted Rep. WELLS a temporary leave of absence due to illness.

Reps. WRIGHT, KNOTTS and VAUGHN proposed the following Amendment No. 25 (Doc Name L:\council\legis\amend\DKA\3835HTC.95), which was tabled.

Amend the report, as and if amended, Section 11-11-330, as contained in SECTION 1, page 3651-2, by inserting an appropriately lettered subsection immediately after line 5 to read:

/( ) Effective beginning with appropriations for the fiscal year beginning in the first property tax year after the tax exemption allowed


Printed Page 1932 . . . . . Wednesday, March 22, 1995

pursuant to Section 12-37-251 is fully implemented, and notwithstanding the provisions of Section 11-11-140, the General Assembly annually shall appropriate an amount not less than one-half of estimated recurring general fund revenue growth to a special fund set aside to provide a property tax exemption from operating millages for all taxable property other than property assessed pursuant to Section 12-43-220(c). The exemption shall apply in the manner that the General Assembly shall provide by law and it is the intention of the General Assembly annually and cumulatively to provide funds sufficient to phase in a one hundred percent operating millage exemption for such property./

Amend further by striking SECTIONS 4 through 9 and inserting:

/SECTION 4. A. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:

"( ) an amount of the fair market value of real property, not including agricultural real property, equal to increases in such value resulting from countywide reassessment programs occurring after the current owner acquired the property. This exemption does not extend to increases in fair market value attributable to permanent improvements, unless such improvements merely restore the status quo ante of a structure damaged or destroyed by mishap or natural disaster. When ownership of real property benefiting from this exemption changes, the fair market value of the property escalates to its then current fair market value. For purposes of this exemption, the acquisition of residential property assessed pursuant to Section 12-43-220(c) by interspousal gift or by a surviving spouse by devise or operation of law is not considered a change of ownership."

B. This section is effective for increases in fair market value occurring as a result of reassessment programs occurring after 1994.

SECTION 5. A. Article 1, Title 6 of the 1976 Code is amended by adding:

"Section 6-1-60. The governing body of a county, municipality, special purpose or public service district, and the governing body authorized by law to levy school taxes may not increase the millage rate it imposes for a tax year over the millage rate it imposed for the prior tax year by more than the percentage increase in the consumer price index in the most recently completed calendar year. An additional increase, not to exceed the increase allowed to reflect one-half the consumer price index, may be imposed by a three-fifth's vote of the governing body. Any further increase may be imposed only if the increase is approved by a majority of the qualified electors of the political subdivision voting in a referendum called for this purpose."


Printed Page 1933 . . . . . Wednesday, March 22, 1995

B. This section applies for property tax years beginning after 1995./

Renumber sections to conform.

Amend title to conform.

Rep. WRIGHT explained the amendment.

Rep. H. BROWN moved to table the amendment.

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

Yeas 72; Nays 38

Those who voted in the affirmative are:

Allison          Anderson         Baxley
Boan             Breeland         Brown, H.
Brown, T.        Byrd             Cain
Canty            Carnell          Cave
Clyburn          Cobb-Hunter      Dantzler
Delleney         Fleming          Fulmer
Govan            Hallman          Harrell
Harris, P.       Harwell          Herdklotz
Howard           Huff             Inabinett
Keegan           Kelley           Kennedy
Keyserling       Kinon            Kirsh
Klauber          Law              Limbaugh
Littlejohn       Lloyd            Marchbanks
Martin           Mason            McAbee
McCraw           McTeer           Meacham
Moody-Lawrence   Neal             Rhoad
Richardson       Robinson         Sandifer
Scott            Seithel          Sheheen
Simrill          Smith, D.        Smith, R.
Stille           Thomas           Townsend
Tucker           Walker           Whatley
Whipper, L.      Whipper, S.      White
Wilkins          Witherspoon      Wofford
Worley           Young, A.        Young, J.

Total--72



Printed Page 1934 . . . . . Wednesday, March 22, 1995

Those who voted in the negative are:
Askins           Brown, G.        Cato
Chamblee         Cooper           Cotty
Davenport        Easterday        Fair
Felder           Gamble           Harris, J.
Harrison         Haskins          Hutson
Jennings         Knotts           Koon
Lanford          Limehouse        Neilson
Phillips         Quinn            Rice
Riser            Sharpe           Shissias
Spearman         Stoddard         Stuart
Tripp            Trotter          Vaughn
Waldrop          Wilder           Wilkes
Williams         Wright

Total--38

So, the amendment was tabled.

Reps. WILKINS, ROBINSON, D. SMITH, LIMBAUGH, FULMER, LAW, WHATLEY, KELLEY, WRIGHT, A. YOUNG, KLAUBER, KIRSH, TRIPP, HASKINS, SEITHEL, TROTTER, SIMRILL, KOON, HUFF, LIMEHOUSE, CATO, HALLMAN, RICHARDSON, MEACHAM and VAUGHN proposed the following Amendment No. 26 (Doc Name L:\council\legis\amend\JIC\5679HTC.95), which was adopted.

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

/SECTION ___. Section 11-11-440(A) of the 1976 Code is amended to read:

"(A) The General Assembly may not provide for any general tax increase or enact new general taxes in the permanent provisions of the State General Appropriation Act or acts supplemental thereto, and any such general tax increases or new general taxes must be enacted only by separate act passed by a vote of at least two-thirds of the members of each house."/

Renumber sections to conform.

Amend title to conform.

Rep. ROBINSON explained the amendment.

The question then recurred to the adoption of the amendment.


Printed Page 1935 . . . . . Wednesday, March 22, 1995

Rep. KLAUBER demanded the yeas and nays, which were taken resulting as follows:
Yeas 107; Nays 1

Those who voted in the affirmative are:

Allison          Anderson         Askins
Bailey           Baxley           Boan
Breeland         Brown, G.        Brown, H.
Brown, J.        Brown, T.        Byrd
Cain             Carnell          Cato
Cave             Chamblee         Clyburn
Cooper           Cotty            Cromer
Dantzler         Delleney         Easterday
Fair             Felder           Fleming
Fulmer           Gamble           Govan
Hallman          Harrell          Harris, J.
Harris, P.       Harrison         Haskins
Herdklotz        Hines            Huff
Hutson           Inabinett        Jennings
Keegan           Kelley           Keyserling
Kinon            Kirsh            Klauber
Knotts           Koon             Lanford
Law              Limbaugh         Limehouse
Littlejohn       Lloyd            Marchbanks
Martin           Mason            McAbee
McCraw           McTeer           Meacham
Moody-Lawrence   Neilson          Phillips
Quinn            Rhoad            Rice
Richardson       Riser            Robinson
Rogers           Sandifer         Scott
Seithel          Sharpe           Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Spearman         Stille
Stoddard         Stuart           Thomas
Townsend         Tripp            Trotter
Tucker           Vaughn           Waldrop
Walker           Whatley          Whipper, S.
White            Wilder           Wilkes
Wilkins          Williams         Witherspoon


Printed Page 1936 . . . . . Wednesday, March 22, 1995

Wofford          Worley           Wright
Young, A.        Young, J.

Total--107

Those who voted in the negative are:

Kennedy

Total--1

So, the amendment was adopted.

Rep. COTTY proposed the following Amendment No. 27 (Doc Name L:\council\legis\amend\DKA\3836HTC.95), which was tabled.

Amend the report, as and if amended, Section 12-37-251(A), as contained in SECTION 2, page 3651-2, by adding at the end of line 11 /The exemption allowed by this section does not extend to any millage for operating purposes levied pursuant to a referendum./

Amend further, page 3651-4, by adding beginning on line 15 /Notwithstanding the provisions of this subsection, no millage rate increase or fee rate increase imposed pursuant to this subsection may exceed an amount equal to the Consumer Price Index adjustment allowed pursuant to subsection (A) unless the additional increase is approved by referendum./

Amend further, page 3651-4, by striking beginning on line 17 /or payments for real property purchased using a lease-purchase agreement/.

Amend further, page 3651-5, by adding beginning on line 2 /Notwithstanding the provisions of this subsection, no millage rate increase or fee rate increase imposed pursuant to this subsection may exceed an amount equal to the Consumer Price Index adjustment allowed pursuant to subsection (A) unless the additional increase is approved by referendum./

Amend further, page 3651-5, by striking beginning on line 4 /or payments for real property purchased using a lease-purchase agreement/.

Amend further, page 3651-5, by adding beginning on line 36 /Notwithstanding the provisions of this subsection, no millage rate increase imposed pursuant to this subsection may exceed an amount equal to the Consumer Price Index adjustment allowed pursuant to subsection (A) unless the additional increase is approved by referendum./

Amend further, page 3651-5, by striking beginning on line 38 /or payments for real property purchased using a lease-purchase agreement/.


Printed Page 1937 . . . . . Wednesday, March 22, 1995

Amend further, page 3651-6, by adding beginning on line 31 /Notwithstanding the provisions of this subsection, no millage rate increase imposed pursuant to this subsection may exceed an amount equal to the Consumer Price Index adjustment allowed pursuant to subsection (A) unless the additional increase is approved by referendum./

Amend further, page 3651-6, by striking beginning on line 33 /or payments for real property purchased using a lease-purchase agreement/.

Amend title to conform.

Rep. COTTY explained the amendment.

Rep. H. BROWN moved to table the amendment.

Rep. COTTY demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 70 to 15.

Rep. McTEER moved delayed cloture on the entire matter.

Rep. HASKINS moved immediate cloture on the entire matter.

POINT OF ORDER

Rep. McTEER raised the Point of Order that the motion to invoke immediate cloture was out of order as his motion was the first motion and had to be disposed of first.

The SPEAKER stated that Rule 8.5 did not specify whether delayed or immediate cloture took precedence. He further stated that it clearly stated that a tabling motion was a higher motion than the previous question, so you could move to table the previous question and that there was no distinction between delayed cloture or cloture as far as one being higher than the other.

Rep. SHEHEEN stated that on timed motions which are allowed by specified times that the House had never allowed tabling motions. He further stated that cloture was a timed motion.

The SPEAKER sustained the Point of Order.

The question then recurred to the motion to invoke delayed cloture, which was rejected.

Reps. HODGES and BOAN proposed the following Amendment No. 28 (Doc Name L:\council\legis\amend\JIC\5688AC.95), which was tabled.

Amend the report, as and if amended, Section 12-37-251(A), as contained in SECTION 2, Page 3651-2, by striking on line 28 /percentage/


Printed Page 1938 . . . . . Wednesday, March 22, 1995

and inserting /amount/ and by striking on line 30 /one hundred percent of fair market value/ and inserting /no greater than $100,000/

Amend title to conform.

Rep. HODGES explained the amendment.

Rep. MARTIN spoke in favor of the amendment.

Rep. ROBINSON moved to table the amendment.

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

Yeas 60; Nays 55

Those who voted in the affirmative are:

Allison          Brown, H.        Cain
Cato             Chamblee         Cooper
Cotty            Dantzler         Davenport
Easterday        Fair             Fleming
Fulmer           Hallman          Harrell
Harrison         Harwell          Haskins
Herdklotz        Huff             Hutson
Keegan           Kelley           Kinon
Kirsh            Klauber          Koon
Lanford          Law              Limbaugh
Limehouse        Littlejohn       Marchbanks
Mason            McAbee           Meacham
Quinn            Rice             Riser
Robinson         Sandifer         Seithel
Sharpe           Shissias         Simrill
Smith, D.        Smith, R.        Thomas
Tripp            Trotter          Vaughn
Waldrop          Walker           Wells
Whatley          Wilkins          Wofford
Wright           Young, A.        Young, J.

Total--60

Those who voted in the negative are:

Anderson         Askins           Bailey
Baxley           Boan             Breeland
Brown, G.        Brown, J.        Brown, T.
Byrd             Canty            Carnell


Printed Page 1939 . . . . . Wednesday, March 22, 1995

Cave             Clyburn          Cobb-Hunter
Cromer           Delleney         Felder
Gamble           Govan            Harris, J.
Harris, P.       Hines            Hodges
Howard           Inabinett        Jennings
Kennedy          Keyserling       Knotts
Lloyd            Martin           McCraw
McTeer           Moody-Lawrence   Neal
Neilson          Phillips         Rhoad
Richardson       Rogers           Scott
Sheheen          Spearman         Stille
Stuart           Townsend         Tucker
Whipper, L.      Whipper, S.      White
Wilder           Wilkes           Williams
Worley

Total--55

So, the amendment was tabled.

Rep. SIMRILL proposed the following Amendment No. 29 (Doc Name L:\council\legis\amend\DKA\3837HTC.95), which was tabled.

Amend the report, as and if amended, Section 12-37-251(A), as contained in SECTION 2, page 3651-2, by striking lines 14 through 18 and inserting /the homestead that is exempt from such millage is one-half of the fair market value capped at fifty-seven thousand dollars. In/.

Amend further, page 3651-2, by inserting before /must/ on line 22 /is one-half of the fair market value capped at an amount that/.

Amend title to conform.

Rep. SIMRILL explained the amendment.

Rep. KENNEDY moved to table the amendment.

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

Yeas 96; Nays 12

Those who voted in the affirmative are:

Allison          Anderson         Askins
Bailey           Baxley           Boan
Breeland         Brown, G.        Brown, H.


Printed Page 1940 . . . . . Wednesday, March 22, 1995

Brown, T.        Byrd             Cain
Canty            Carnell          Cato
Cave             Chamblee         Clyburn
Cobb-Hunter      Cooper           Cotty
Cromer           Dantzler         Davenport
Delleney         Easterday        Fulmer
Gamble           Govan            Hallman
Harrell          Harris, J.       Harris, P.
Harrison         Harwell          Herdklotz
Hines            Howard           Inabinett
Jennings         Keegan           Kelley
Kennedy          Keyserling       Kinon
Kirsh            Klauber          Knotts
Koon             Law              Littlejohn
Lloyd            Marchbanks       Martin
Mason            McAbee           McCraw
Moody-Lawrence   Neal             Neilson
Phillips         Rhoad            Rice
Riser            Robinson         Rogers
Sandifer         Scott            Seithel
Sharpe           Sheheen          Shissias
Smith, R.        Spearman         Stille
Thomas           Townsend         Trotter
Tucker           Vaughn           Waldrop
Walker           Wells            Whatley
Whipper, L.      Whipper, S.      White
Wilder           Wilkes           Wilkins
Williams         Wofford          Worley
Wright           Young, A.        Young, J.

Total--96

Those who voted in the negative are:

Fair             Fleming          Haskins
Hutson           Limbaugh         Limehouse
Meacham          Richardson       Simrill
Smith, D.        Stuart           Tripp

Total--12


| Printed Page 1920, Mar. 22 | Printed Page 1940, Mar. 22 |

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