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

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Printed Page 2010 . . . . . Thursday, March 23, 1995

AMENDMENT NO. 30--TABLED

Debate was resumed on Amendment No. 30, which was proposed on Wednesday, March 22, by Reps. CROMER, SHISSIAS and STUART.

SPEAKER PRO TEMPORE IN CHAIR

Rep. WILKINS explained the amendment and moved to table the amendment.

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

Yeas 62; Nays 53

Those who voted in the affirmative are:

Allison          Brown, H.        Cain
Cato             Chamblee         Cooper
Cotty            Dantzler         Davenport
Delleney         Easterday        Fair
Felder           Fleming          Fulmer
Hallman          Harrell          Harris, J.
Harris, P.       Harrison         Harwell
Haskins          Herdklotz        Huff
Keegan           Kelley           Kinon
Kirsh            Klauber          Lanford
Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       Mason
McKay            Meacham          Quinn
Rice             Richardson       Robinson
Sandifer         Seithel          Sharpe
Simrill          Smith, D.        Smith, R.
Stille           Tripp            Trotter
Vaughn           Walker           Wells
Whatley          Wilder           Wilkins
Witherspoon      Wofford          Worley
Young, A.        Young, J.

Total--62



Printed Page 2011 . . . . . Thursday, March 23, 1995

Those who voted in the negative are:
Askins           Bailey           Baxley
Beatty           Boan             Breeland
Brown, G.        Byrd             Canty
Carnell          Cave             Clyburn
Cobb-Hunter      Cromer           Elliott
Gamble           Govan            Hines
Hodges           Howard           Inabinett
Kennedy          Keyserling       Knotts
Koon             Lloyd            Martin
McAbee           McCraw           McElveen
McMahand         McTeer           Moody-Lawrence
Neal             Neilson          Phillips
Rhoad            Riser            Rogers
Scott            Sheheen          Shissias
Spearman         Stoddard         Stuart
Thomas           Tucker           Whipper, L.
Whipper, S.      White            Wilkes
Williams         Wright

Total--53

So, the amendment was tabled.

SPEAKER IN CHAIR

Rep. DAVENPORT proposed the following Amendment No. 39 (Doc Name L:\council\legis\amend\PT\1856DW.95), which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 2, Page 3651-2, Line 9, by striking /12-43-220(c)/ and inserting /12-43-220/.

Amend title to conform.

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

Rep. WRIGHT proposed the following Amendment No. 42 (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:


Printed Page 2012 . . . . . Thursday, March 23, 1995

/( ) Effective beginning with appropriations for the fiscal year beginning in the first property tax year after the tax exemption allowed 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, without 3/5 vote of the governing body. Any additional increase requires 2/3 vote of governing body."


Printed Page 2013 . . . . . Thursday, March 23, 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 and moved to table the amendment, which was agreed to.

Rep. ROGERS proposed the following Amendment No. 44 (Doc Name L:\council\legis\amend\PT\1859DW.95), which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, Page 3651-4, SECTION 4, by inserting immediately after Line 21:

/(D) Notwithstanding any provision of law to the contrary, after an action is taken by the governing body which is provided for in this section, the provisions of Article 13, Chapter 9, Title 4, may be utilized to initiate a petition amending or rejecting an ordinance adopted by the governing body./

Amend the Report further, as and if amended, Page 3651-5, SECTION 5, by inserting immediately after Line 8:

/(D) Notwithstanding any provision of law to the contrary, after an action is taken by the governing body which is provided for in this section, the provisions of Article 13, Chapter 9, Title 4, may be utilized to initiate a petition amending or rejecting an ordinance adopted by the governing body./

Amend title to conform.

Rep. ROGERS explained the amendment and moved to table the amendment, which was agreed to.

Rep. ROGERS proposed the following Amendment No. 45 (Doc Name L:\council\legis\amend\PT\1855DW.95), which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, in Section 4-9-142 of the 1976 Code as contained in SECTION 4; in Section 5-21-70 as contained in SECTION 5; and in Section 6-1-60 as contained in SECTION 6 by adding a new item (4) immediately following item (3) in subsection (A) of each of these sections to read:

/(4) to raise the revenue necessary to comply with state legislative and administrative mandates as defined in Section 4-9-55./

Renumber sections to conform.

Amend totals and title to conform.


Printed Page 2014 . . . . . Thursday, March 23, 1995

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

Reps. LANFORD, G. BROWN, ELLIOTT, FELDER and STUART proposed the following Amendment No. 24, which was tabled.

Amend the bill, as and if amended, by adding the following items to be an appropriately numbered section to read:

Section . A. Section 4-9-55(c) of the 1976 Code is amended to read:

"The provisions of this section do not apply to:

(1) laws enacted to require funding of pension benefits existing on the effective date of this section;

(2) laws relating to the Judicial Department;

(3) criminal laws;

(4) election laws;

(5) the general appropriation act;

(6)(2) the Department of Education;

(7) special appropriations acts;

(8)(3) laws reauthorizing but not expanding then-existing statutory authority;

(9)(4) laws having a fiscal impact of less than ten cents per capita on a statewide basis; laws creating, modifying, or repealing noncriminal infractions."

B. Section 4-9-55 of the 1976 Code is further amended by adding an appropriately numbered item to read as follows:

"( ) As used in this chapter, the term `unfunded mandate' means: (1) a requirement imposed upon a county by the state or federal government which require a county to provide certain services, or take certain actions without providing full funding to pay for the services or actions required;

(2) limitations imposed by the state or federal government upon a county's authority to generate own-source revenue to pay for services provided by the county;

(3) exemptions granted by the state or federal government which reduce the county's tax base; or

(4) reductions in funds provided by the state or federal government to a county."

Renumber sections & amend title to conform.

Rep. LANFORD explained the amendment and moved to table the amendment, which was agreed to.


Printed Page 2015 . . . . . Thursday, March 23, 1995

AMENDMENT NO. 23--RECONSIDERED AND TABLED

Rep. SIMRILL moved to reconsider the vote whereby Amendment No. 23 was adopted.

Rep. FELDER moved to table the motion to reconsider and demanded the yeas and nays, which were taken resulting as follows:

Yeas 57; Nays 57

Those who voted in the affirmative are:

Askins           Bailey           Baxley
Beatty           Boan             Breeland
Brown, G.        Brown, T.        Byrd
Canty            Carnell          Cave
Clyburn          Cobb-Hunter      Cotty
Cromer           Delleney         Elliott
Felder           Fleming          Gamble
Govan            Harris, J.       Harris, P.
Hines            Howard           Inabinett
Keegan           Kennedy          Keyserling
Lanford          Lloyd            Martin
McAbee           McCraw           McElveen
McMahand         McTeer           Moody-Lawrence
Neal             Neilson          Phillips
Rhoad            Rogers           Scott
Sheheen          Shissias         Spearman
Stille           Thomas           Townsend
Tucker           Whipper, L.      Whipper, S.
White            Wilder           Wilkes

Total--57

Those who voted in the negative are:

Allison          Brown, H.        Cain
Cato             Chamblee         Dantzler
Davenport        Easterday        Fair
Fulmer           Hallman          Harrell
Harrison         Harwell          Haskins
Herdklotz        Huff             Hutson
Kelley           Kirsh            Klauber
Knotts           Koon             Law
Limbaugh         Limehouse        Littlejohn


Printed Page 2016 . . . . . Thursday, March 23, 1995

Marchbanks       Mason            McKay
Meacham          Quinn            Rice
Richardson       Riser            Robinson
Sandifer         Seithel          Sharpe
Simrill          Smith, D.        Smith, R.
Stuart           Tripp            Trotter
Vaughn           Waldrop          Walker
Wells            Whatley          Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, J.

Total--57

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider.

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

Yeas 60; Nays 57

Those who voted in the affirmative are:

Allison          Bailey           Brown, H.
Cain             Cato             Chamblee
Cooper           Cotty            Dantzler
Davenport        Easterday        Fair
Fulmer           Hallman          Harrell
Harrison         Harwell          Haskins
Herdklotz        Huff             Hutson
Kelley           Kinon            Kirsh
Klauber          Knotts           Koon
Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       Mason
McKay            Meacham          Quinn
Rice             Richardson       Riser
Robinson         Sandifer         Seithel
Sharpe           Simrill          Smith, D.
Smith, R.        Stuart           Tripp
Trotter          Vaughn           Walker
Wells            Whatley          Wilkins


Printed Page 2017 . . . . . Thursday, March 23, 1995

Witherspoon      Wofford          Worley<
Wright           Young, A.        Young, J.

Total--60

Those who voted in the negative are:

Askins           Baxley           Beatty
Boan             Breeland         Brown, G.
Brown, T.        Byrd             Canty
Carnell          Cave             Clyburn
Cobb-Hunter      Cromer           Delleney
Elliott          Felder           Fleming
Gamble           Govan            Harris, J.
Harris, P.       Hines            Hodges
Howard           Inabinett        Keegan
Kennedy          Keyserling       Lanford
Lloyd            Martin           McAbee
McCraw           McElveen         McMahand
McTeer           Moody-Lawrence   Neal
Neilson          Phillips         Rhoad
Rogers           Scott            Sheheen
Shissias         Spearman         Stille
Thomas           Townsend         Tucker
Waldrop          Whipper, L.      Whipper, S.
White            Wilder           Wilkes

Total--57

So, the motion to reconsider was agreed to.

Reps. FELDER and LANFORD spoke in favor of the amendment.

Reps. VAUGHN, HARRELL and H. BROWN spoke against the amendment.

Rep. HASKINS moved to table the amendment.


Printed Page 2018 . . . . . Thursday, March 23, 1995

Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Yeas 61; Nays 57

Those who voted in the affirmative are:

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

Total--61

Those who voted in the negative are:

Askins           Bailey           Baxley
Beatty           Boan             Breeland
Brown, G.        Brown, T.        Byrd
Canty            Carnell          Cave
Clyburn          Cobb-Hunter      Cromer
Delleney         Elliott          Felder
Fleming          Gamble           Govan
Harris, J.       Harris, P.       Hines
Hodges           Howard           Inabinett
Kennedy          Keyserling       Lanford
Lloyd            Martin           McAbee


Printed Page 2019 . . . . . Thursday, March 23, 1995

McCraw           McElveen         McMahand
McTeer           Moody-Lawrence   Neal
Neilson          Phillips         Rhoad
Rogers           Scott            Sheheen
Shissias         Spearman         Stille
Stoddard         Thomas           Townsend
Tucker           Whipper, L.      Whipper, S.
White            Wilder           Wilkes

Total--57

So, the amendment was tabled.

AMENDMENT NO. 12--RECONSIDERED AND REJECTED

Rep. HARRELL moved to reconsider the vote whereby Amendment No. 12 was tabled.

Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:

Yeas 72; Nays 46

Those who voted in the affirmative are:

Allison          Brown, H.        Brown, T.
Cain             Cato             Chamblee
Cooper           Cotty            Dantzler
Davenport        Easterday        Elliott
Fair             Felder           Fleming
Fulmer           Gamble           Hallman
Harrell          Harris, P.       Harrison
Harwell          Haskins          Herdklotz
Huff             Hutson           Keegan
Kelley           Keyserling       Kinon
Knotts           Koon             Lanford
Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       Mason
McCraw           McKay            Meacham
Moody-Lawrence   Neilson          Phillips
Quinn            Rice             Richardson
Riser            Robinson         Sandifer
Seithel          Sharpe           Shissias
Simrill          Smith, D.        Smith, R.


Printed Page 2020 . . . . . Thursday, March 23, 1995

Townsend         Tripp            Trotter
Vaughn           Waldrop          Walker
Wells            Whatley          Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, J.

Total--72

Those who voted in the negative are:

Anderson         Askins           Bailey
Baxley           Beatty           Boan
Breeland         Brown, G.        Byrd
Canty            Carnell          Cave
Clyburn          Cobb-Hunter      Cromer
Delleney         Govan            Harris, J.
Hines            Hodges           Howard
Inabinett        Kennedy          Kirsh
Klauber          Lloyd            Martin
McAbee           McElveen         McMahand
McTeer           Neal             Rhoad
Rogers           Scott            Sheheen
Spearman         Stille           Stoddard
Stuart           Tucker           Whipper, L.
Whipper, S.      White            Wilder
Wilkes

Total--46

So, the motion to reconsider was agreed to.


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