Printed Page 2940, May 3
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Printed Page 2940, May 3
| Printed Page 2960, May 3
| Amend title to conform.
Rep. RISER explained the amendment.
Rep. NEAL spoke against the amendment.
The SPEAKER granted Rep. G. BROWN a temporary leave of absence.
Rep. NEAL continued speaking.
Rep. SHARPE moved that the House recede until 2:00 P.M., which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 1.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
The SPEAKER granted Rep. ASKINS a leave of absence for the remainder of the day.
The SPEAKER granted Rep. BAXLEY a temporary leave of absence.
The following was received.
Columbia, S.C., May 3, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Initial Appointment, Charleston County Master-in-Equity, with term to commence December 24, 1992, and to expire December 24, 1998:
The Honorable Roger M. Young, 8121 Greenridge Road, North Charleston, S.C. 29406 VICE Louis Condon
Very respectfully,
President
Received as information.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
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.
Debate was resumed on Amendment No. 1, by the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. NEAL spoke against the amendment.
Rep. WALDROP spoke in favor of the amendment.
Rep. G. BROWN spoke against the amendment.
Rep. ROBINSON demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Breeland Brown, J. Brown, T. Cain Canty Cave Clyburn Cobb-Hunter Cromer Hallman Harrell Harris, J. Herdklotz Hines Jaskwhich Jennings Kennedy Keyserling Kirsh Limbaugh Lloyd Martin McMahand McTeer Moody-Lawrence Neal Richardson Rogers Shissias Stille Thomas Tucker Whipper, L. Whipper, S.
Those who voted in the negative are:
Allison Bailey Boan Carnell Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Haskins Hodges Huff Hutson Keegan Kelley Kinon Knotts Koon Lanford Law Limehouse Littlejohn Marchbanks Mason McCraw McKay Meacham Neilson Phillips Quinn Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stoddard Tripp Trotter Vaughn Waldrop Walker
Wells Wilder Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the House refused to table the Bill.
Rep. NEAL moved to adjourn debate upon the Bill.
Rep. RISER moved to table the motion.
Rep. SHARPE demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Bailey Boan Brown, G. Brown, H. Carnell Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Harrell Harrison Haskins Huff Hutson Jennings Keegan Kelley Kinon Knotts Koon Lanford Law Limehouse Marchbanks Martin Mason McCraw McKay Meacham Neilson Phillips Quinn Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stoddard Tripp Trotter Vaughn Waldrop Walker Wells Wilder Wilkins Witherspoon Wofford Young, A. Young, J.
Anderson Breeland Brown, J. Brown, T. Byrd Cain Canty Clyburn Cobb-Hunter Cromer Govan Hallman Harris, J. Herdklotz Hines Hodges Jaskwhich Kennedy Keyserling Kirsh Limbaugh Littlejohn Lloyd McTeer Moody-Lawrence Neal Rogers Scott Shissias Stille Thomas Tucker Whipper, L. Whipper, S. Wright
So, the motion to adjourn debate was tabled.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. NEAL proposed the following Amendment No. 2, which was tabled.
Amend the bill, as and if amended, by adding Section 5 to read as follows:
/SECTION 5. Chapter 45, Title 46 of the 1976 Code, is amended by adding:
"Section 46-45-70. (A) This section shall be known as the Neighborhood Security Section and for purposes of this section, the definitions set out in 47-20-10 will apply.
(B) The General Assembly recognizes the paramount right of citizens to be safe in their homes and neighborhoods. Threats to personal safety, health, and security frequently result from incompatible development in neighborhoods. It is the intent of the General Assembly to maintain the rights of citizens to be safe and secure in their homes and neighborhoods. South Carolina recognizes that when property owners are not safe and secure in their homes, property values decrease. It is the intent of this Act to give property owners a means to protect the safety and security of homes and neighborhoods by creating a private cause of action against harmful development which occurs as a result a mediation agreement or
(C) Persons or corporations to whom development orders are issued shall be responsible for ensuring that no improvements of actions occur on the property for which the development order is issued which could harm property owners in adjoining neighborhoods. If the property owner in an adjoining neighborhood has reason to believe that a reduction in the fair market value of his property has occurred as a result of a development issued under the requirements of Section 47-20-10 of the 1976 Code, as amended, the property owner shall have a cause of action against the developer to whom the development order is issued. The burden of showing no diminution in value is on the person receiving the development permit under the requirements of Section 47-20-10. Remedies shall include monetary compensation, court costs and attorney's fees paid to the person whose neighboring property has been harmed by the person or corporation to whom the development order is issued. Compensation shall be an amount equal to the difference between fair market value of the harmed property before and after the development order has been issued or adjusted."/
Rep. NEAL explained the amendment.
Rep. ROBINSON raised the Point of Order that Amendment No. 2 was out of order as it was not germane in that it dealt with neighborhood security and the Bill dealt with agricultural facilities.
Rep. NEAL argued contra the Point.
The SPEAKER stated that it was a remedy to homeowners and it was germane and he overruled the Point of Order.
Rep. RISER moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Carnell Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Fair
Fleming Fulmer Gamble Harrell Harrison Haskins Hutson Keegan Kelley Kinon Koon Lanford Limehouse Marchbanks Mason McAbee McCraw McKay McTeer Meacham Quinn Rice Richardson Riser Robinson Sandifer Sharpe Sheheen Simrill Smith, R. Spearman Stoddard Tripp Trotter Vaughn Waldrop Wells Wilder Wilkins Witherspoon Wofford Young, J.
Those who voted in the negative are:
Anderson Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Govan Hallman Harris, J. Herdklotz Hines Hodges Howard Jaskwhich Jennings Kennedy Keyserling Kirsh Littlejohn Lloyd Moody-Lawrence Neal Neilson Rogers Scott Shissias Tucker Walker Whipper, L. Whipper, S. Wright
So, the amendment was tabled.
Reps. CAVE and NEAL proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\PFM\7347BDW.95), which was adopted.
Amend the bill, as and if amended, Section 46-45-60, page 3446-3, by striking
lines 8 - 11 and inserting:
Amend title to conform.
Rep. CAVE explained the amendment.
The amendment was then adopted by a division vote of 55 to 20.
Reps. NEAL and COTTY proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\PFM\7374BDW.95), which was tabled.
Amend the bill, as and if amended, SECTION 1, page 3446-2, after line 23 by inserting:
/Section 47-20-30. This chapter does not affect local ordinances relating to agricultural zoning restrictions existing on the effective date of this chapter./
Amend title to conform.
Rep. NEAL explained the amendment.
Rep. SHARPE moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Brown, H. Carnell Cato Chamblee Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Haskins Huff Jennings Keegan Kelley Kinon Knotts Koon Lanford Law Limehouse Marchbanks Mason McAbee McCraw McKay Meacham Quinn Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Smith, R. Spearman
Tripp Trotter Vaughn Waldrop Walker Wells Wilder Wilkins Williams Witherspoon Wofford Worley Young, A. Young, J.
Those who voted in the negative are:
Anderson Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Cain Canty Cave Clyburn Cobb-Hunter Cooper Cotty Cromer Fair Govan Harris, J. Harrison Herdklotz Hines Hodges Howard Jaskwhich Kennedy Keyserling Kirsh Limbaugh Littlejohn Lloyd Martin McTeer Moody-Lawrence Neal Neilson Richardson Rogers Scott Shissias Simrill Stille Thomas Townsend Tucker Whipper, L. Whipper, S. White Wilkes
So, the amendment was tabled.
Rep. NEAL proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\GJK\21779SD.95), which was tabled.
Amend the bill, as and if amended, by adding a new Section 47-20-40 at the end of Chapter 20 of Title 47 of the 1976 Code, as contained in SECTION 1 to read:
/"Section 47-20-40. For purposes of this chapter and other applicable
provisions of law, a county or municipality for a period of six months after the
effective date of this section may amend existing ordinances or enact new
ordinances to stipulate what areas within its jurisdiction are compatible with a
confined livestock or poultry facility and as a result shall be permitted
therein."/
/SECTION . The 1976 Code is amended by adding:
"Section 46-45-75. For purposes of Sections 46-45-30 and 46-45-60, a county or municipality for a period of six months after the effective date of this section may amend existing ordinances or enact new ordinances to stipulate what areas within its jurisdiction are compatible with an agricultural facility or an agricultural operation and as a result shall be permitted therein."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. NEAL explained the amendment.
Rep. RISER moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Boan Brown, G. Brown, H. Carnell Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harrison Huff Hutson Jennings Keegan Kelley Kinon Knotts Koon Lanford Law Limehouse Marchbanks Mason McAbee McCraw McKay Meacham Quinn Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stoddard Tripp Trotter Vaughn Waldrop Walker Wells Wilder Wilkes Wilkins Witherspoon
Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Breeland Brown, J. Brown, T. Byrd Cain Clyburn Cobb-Hunter Cromer Fair Govan Harris, J. Herdklotz Hines Hodges Howard Jaskwhich Keyserling Kirsh Lloyd Martin McMahand McTeer Moody-Lawrence Neal Neilson Richardson Rogers Scott Shissias Stille Thomas Townsend Tucker Whipper, L. Whipper, S. White Williams
So, the amendment was tabled.
Printed Page 2940, May 3
| Printed Page 2960, May 3
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