Printed Page 2930, May 3
| Printed Page 2950, May 3
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Printed Page 2930, May 3
| Printed Page 2950, May 3
| On motion of Rep. ROBINSON, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
S. 753 -- Senator Passailaigue: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 6, 8, AND 20, SO AS TO REVISE, REORGANIZE, AND RECODIFY STATE TAX LAWS IMPOSING THE INDIVIDUAL AND CORPORATE INCOME TAX, PROVIDING FOR THE WITHHOLDING OF INCOME TAXES, AND IMPOSING THE CORPORATION LICENSE TAX; TO AMEND TITLE 12 BY ADDING CHAPTERS 56 AND 58, WHICH SHALL CONTAIN RESPECTIVELY THE FORMER PROVISIONS OF ARTICLE 3 OF CHAPTER 54, THE SETOFF DEBT COLLECTION ACT AND ARTICLE 5 OF CHAPTER 54, THE SOUTH CAROLINA TAXPAYERS' BILL OF RIGHTS; TO AMEND CHAPTER 54 OF TITLE 12 BY ADDING SECTIONS 12-54-15, 12-54-17, 12-54-42, 12-54-47, 12-54-85, 12-54-127, AND 12-54-135 SO AS TO MOVE ENFORCEMENT PROVISIONS TO THE CHAPTER CONSTITUTING THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND TAXATION; BY ADDING SECTION 50-1-280, SO AS TO MOVE THE PROVISIONS RELATING TO THE NONGAME WILDLIFE AND NATURAL AREAS FUND TO THE APPROPRIATE LOCATION IN TITLE 50, RELATING TO FISH, GAME, AND WATERCRAFT; TO AMEND SECTION 12-4-330, AS AMENDED, RELATING TO WITNESSES BEFORE THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO ALLOW THE DIRECTOR AND DESIGNATED OFFICERS TO ADMINISTER OATHS AND TAKE ACKNOWLEDGMENTS; TO AMEND SECTIONS 11-35-5230, AS AMENDED, 12-37-220, AS AMENDED, 12-54-30, AS AMENDED, 12-54-40, AS AMENDED, 12-54-55, AS AMENDED, 12-54-120, AS AMENDED, 12-54-210, 12-54-240, AS AMENDED, 41-44-10, 41-44-20, AND 41-44-70, ALL RELATING TO TAXATION, SO AS TO CONFORM THE SECTIONS TO THE RECODIFIED CHAPTERS ADDED BY THIS ACT, TO PROVIDE THAT A REPEAL OF A SECTION OF THE 1976 CODE BY THIS ACT DOES NOT PREVENT THE ASSESSMENT OR COLLECTION OF ANY TAX, INTEREST, OR PENALTIES DUE BEFORE THE EFFECTIVE DATE OF THIS ACT, TO PROVIDE FOR THE CONTINUAL APPLICATION
Rep. HUFF asked unanimous consent to recall H. 3900 from the Committee on Judiciary.
Rep. BAXLEY objected.
Rep. RICHARDSON asked unanimous consent to recall H. 3328 from the Committee on Education and Public Works.
Rep. TOWNSEND objected.
The veto on the following Act was taken up.
(R64) H. 3788 -- Reps. Limehouse, Hallman, Fulmer, Whatley, L. Whipper, Seithel and S. Whipper: AN ACT TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO DELETE THE PROVISION FOR THE MAINTENANCE OF GOLF COURSES.
The question was put, shall the Act become a part of the law, the veto of his
Excellency, the Governor to the contrary notwithstanding, the yeas and nays were
taken resulting as follows:
Those who voted in the affirmative are:
Breeland Dantzler Fulmer Hallman Harrell Hutson
Limehouse Seithel Whipper, L. Whipper, S.
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The veto on the following Act was taken up.
(R63) H. 3728 -- Reps. Hallman, Fulmer, Seithel, Whatley, Harrell, Hutson, S. Whipper and Limehouse: AN ACT TO PROVIDE THAT THE CHARLESTON COUNTY BOARD OF ASSESSMENT CONTROL IS ABOLISHED AND ITS POWERS AND DUTIES DEVOLVED UPON THE CHARLESTON COUNTY COUNCIL.
The question was put, shall the Act become a part of the law, the veto of his
Excellency, the Governor to the contrary notwithstanding, the yeas and nays were
taken resulting as follows:
Those who voted in the affirmative are:
Dantzler Fulmer Hallman Harrell Hutson Limehouse Seithel Whipper, L. Whipper, S.
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to
the Senate accordingly.
The veto on the following Act was taken up.
(R65) H. 3853 -- Rep. Davenport: AN ACT TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO AUTHORIZE THE BOARD OF THE DISTRICT TO EMPLOY FIREMEN AND OTHER EMPLOYEES NECESSARY TO CARRY OUT THE RESPONSIBILITIES OF THE BOARD.
Rep. WALKER moved to adjourn debate upon the veto, which was adopted.
Debate was resumed in the Motion Period, the pending question being the second substitute motion to recall H. 3772 from the Judiciary Committee.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Bailey Baxley Beatty Breeland Brown, G. Brown, J. Byrd Cave Chamblee Cobb-Hunter Cotty Cromer Dantzler Elliott Fulmer Gamble Govan Hallman Harrell Harrison Hines Howard Jennings Keegan Kelley Kennedy Keyserling Kinon Knotts Law Limehouse Littlejohn Lloyd Martin McAbee McCraw Neilson Phillips Richardson Rogers Scott Seithel Sheheen Shissias Spearman Stoddard Thomas Tucker Whipper, L. Whipper, S. White Wilder Williams
Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Boan Cain Canty Carnell Cato Cooper Delleney Easterday Fair Fleming Harris, J. Harris, P. Herdklotz Hodges Huff Hutson Jaskwhich Kirsh Klauber Koon Lanford Limbaugh Marchbanks Mason McKay McMahand McTeer Meacham Neal Quinn Rice Riser Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Tripp Trotter Vaughn Waldrop Walker Wells Wilkins Young, J.
So, the motion to recall H. 3772 was agreed to.
Rep. HUFF moved to dispense with the balance of the Motion Period, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
H. 3599 -- Rep. Richardson: A BILL TO AMEND SECTION 42-1-360, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF CASUAL EMPLOYEES AND
CERTAIN
OTHER EMPLOYMENTS FROM TITLE 42, WORKERS' COMPENSATION, SO AS TO ADD TO THE
LIST
OF SUCH EXEMPTIONS EMPLOYEES COVERED BY THE LONGSHORE & HARBOR WORKERS'
COMPENSATION ACT.
The SPEAKER granted Rep. BYRD a temporary leave of absence.
Rep. RICHARDSON continued speaking.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Brown, G. Brown, H. Cain Cato Cooper Cotty Cromer Dantzler Easterday Elliott Fair Fleming Gamble Hallman Harrell Harrison Harvin Herdklotz Hutson Jaskwhich Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McAbee McCraw McTeer Meacham Neilson Phillips Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Beatty Breeland Brown, J. Canty Cave Clyburn Cobb-Hunter Delleney Govan Harris, J. Howard Jennings Lloyd McMahand Moody-Lawrence Neal Rogers Scott Whipper, L. Whipper, S. White Williams
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3237 -- Reps. Jennings and Baxley: A BILL TO AMEND SECTION 14-1-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUDGES OR JUSTICES BEING ASSIGNED BY THE CHIEF JUSTICE TO PRESIDE IN CERTAIN COURTS, SO AS TO PROVIDE THAT NO FURTHER SCREENING OF ANY JUDGE, RATHER THAN JUST JUDGES OF THE SUPREME COURT AND COURT OF APPEALS BEING ASSIGNED TO SIT ON SUCH COURTS, IS REQUIRED UNTIL THE TERM OF THAT JUDGE WOULD HAVE EXPIRED IF HE RETIRED BEFORE THE EXPIRATION OF HIS THEN CURRENT TERM.
Rep. D. SMITH explained the Bill.
Rep. TUCKER spoke against the Bill.
Rep. JENNINGS spoke in favor of the Bill.
Rep. TUCKER spoke against the Bill.
Rep. D. SMITH spoke in favor of the Bill.
Rep. TUCKER moved to adjourn debate upon the Bill.
Rep. HARRISON moved to table the motion, which was agreed to by a division vote of 46 to 16.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Allison Askins Bailey Baxley Breeland Brown, G. Brown, H. Brown, J. Cain Carnell Cato Cave Chamblee Clyburn Cotty Cromer Dantzler Easterday Fair Felder Fleming Gamble Govan Harris, J. Harrison Harvin Herdklotz Hines Howard Huff Hutson Jaskwhich Jennings Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Limbaugh Littlejohn Lloyd Marchbanks McAbee McCraw McKay McMahand McTeer Meacham Neal Phillips Quinn Rice Richardson Riser Robinson Rogers Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Tripp Trotter Waldrop Walker Wells Whipper, L. Whipper, S. Wilder Wilkins Williams Worley Young, A. Young, J.
Those who voted in the negative are:
Brown, T. Cooper Elliott Fulmer Hallman Harrell Kirsh Limehouse Moody-Lawrence Seithel Stille Townsend Tucker Witherspoon
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7326BDW.95).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
Section 47-20-10. Production and waste areas of confined livestock and poultry facilities must be located:
(1) at least two hundred feet from the center line of public paved roads;
(2) at least one hundred feet from private potable wells;
(3) at least two hundred feet from public potable wells;
(4) at least one hundred feet from a watercourse of the State;
(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;
(6) at least one thousand feet from occupied or occupiable residences.
As used in this item, `residence' includes, but is not limited to, mobile homes,
apartments, condominiums, nursing homes, camps, campgrounds, hotels, motels, or
similar places people may live. However, the one thousand feet setback is
waived with the consent of the owner of the residence;
(8) out of the one-hundred-year flood plain unless protected from flooding.
Section 47-20-20. Waste disposal areas of confined livestock and poultry facilities must be located:
(1) at least one hundred feet from a watercourse of the State;
(2) at least one hundred feet from private potable wells;
(3) at least two hundred feet from public potable wells;
(4) at least two hundred feet from occupied or occupiable residences. As used in this item, `residence' is defined as in Section 47-20-10. The two hundred feet setback is waived with the consent of the owner of the residence. However, the owner may not agree to less than one hundred feet;
(5) at least fifty feet from a ditch or swale that may cause a water quality or health problem;
(6) at least three hundred feet from a public place. As used in this item, `public place' includes schools, churches, and daycare facilities.
(7) when zoning restrictions apply, on property zoned for agricultural uses."
SECTION 2. Section 46-45-30 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:
"Section 46-45-30. (A) No established agricultural facility or any agricultural operation at an established agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation if the facility or operation has been in operation for one year or more. The provisions of this section do not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation.
(B) No proposed agricultural facility or operation may be deemed to be a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation on property unzoned or zoned for agricultural uses."
SECTION 3. Section 46-45-60 of the 1976 Code, as amended by Act 442 of 1990, is further amended to read:
"Section 46-45-60. An ordinance of a unit of local government that makes the operation of an agricultural facility or an agricultural operation at an agricultural facility a nuisance or providing for abatement as a nuisance in derogation of this chapter is null and void. If all applicable permit requirements established by state or federal law are met, including the guidelines in Chapter 20 of Title 47, for the operation of an
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| Printed Page 2950, May 3
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