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Amend the report of the Committee on Ways and Means, as and if amended, page 920-1, lines 37, 38, and 43, by striking /five/ and inserting /four/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. McABEE explained the amendment.

Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 44 to 22.

Rep. McABEE proposed the following Amendment No. 20 (Doc Name L:\council\legis\amend\JIC\6008HTC.94), which was tabled.

Amend the report of the Committee on Ways and Means, as and if amended, page 920-1, lines 37, 38, and 43, by striking /five/ and inserting /three/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. McABEE explained the amendment.

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

Rep. McABEE proposed the following Amendment No. 21 (Doc Name L:\council\legis\amend\JIC\6009HTC.94), which was tabled.

Amend the report of the Committee on Ways and Means, as and if amended, page 920-1, lines 37, 38, and 43, by striking /five/ and inserting /two/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. McABEE explained the amendment.

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

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

Amend the Report of the Committee on Ways and Means, as and if amended, page 920-2, lines 16, 17, and 44, by striking /ten/ and inserting /nine/.

Amend totals and title to conform.

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

Rep. McABEE proposed the following Amendment No. 23 (Doc Name L:\council\legis\amend\JIC\6012HTC.94), which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, page 920-2, lines 16, 17, and 44, by striking /ten/ and inserting /eight/.

Amend totals and title to conform.

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

Rep. McABEE proposed the following Amendment No. 24 (Doc Name L:\council\legis\amend\JIC\6013HTC.94), which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, page 920-2, lines 16, 17, and 44, by striking /ten/ and inserting /seven/.

Amend totals and title to conform.

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

Rep. McABEE proposed the following Amendment No. 25 (Doc Name L:\council\legis\amend\JIC\6014HTC.94), which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, page 920-2, lines 16, 17, and 44, by striking /ten/ and inserting /six/.

Amend totals and title to conform.

Rep. McABEE explained the amendment.

Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 47 to 29.

Amend the report of the Committee, as and if amended, page 920-3, line 17, by striking /rollback tax/ and inserting /change of use penalty/ and on page 920-4, line 29, by striking /rollback tax/ and inserting /change of use penalty/.

Amend the report further, page 920-6, line 7, by striking /rollback tax/ and inserting /change of use penalty/.

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

/SECTION ___. Section 12-43-220(d)(4) of the 1976 Code, as last amended by Section 219, Act 181 of 1993, is further amended to read:

"(4) When real property which is in agricultural use and is being valued, assessed, and taxed under the provisions of this article, is applied to a use other than agricultural, it is subject to additional taxes, hereinafter referred to as roll-back taxes, in an amount equal to the difference, if any, between the taxes paid or payable on the basis of the valuation and the assessment authorized hereunder and the taxes that would have been paid or payable had the real property been valued, assessed, and taxed as other real property in the taxing district, in the current tax year (the year of change in use) and each of the five tax years immediately preceding in which the real property was valued, assessed, and taxed as herein provided. If in the tax year in which a change in use of the real property occurs the real property was not valued, assessed, and taxed under this article, then the real property is subject to roll-back taxes for each of the five tax years immediately preceding in which the real property was valued, assessed, and taxed hereunder. In determining the amounts of the roll-back taxes chargeable on real property which has undergone a change in use, the assessor shall for each of the roll-back tax years involved ascertain:

(A) the fair market value of such real property under the valuation standard applicable to other real property in the same classification;

(B) the amount of the real property assessment for the particular tax year by multiplying such fair market value by the appropriate assessment ratio provided in this article;

(C) the amount of the additional assessment on the real property for the particular tax year by deducting the amount of the actual assessment on the real property for that year from the amount of the real property assessment determined under (B) of this section;

Renumber sections to conform.

Amend totals and title to conform.

Rep. G. BAILEY explained the amendment.

Rep. KIRSH spoke against the amendment.

Rep. WHITE moved to table the amendment.

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

The amendment was then tabled by a division vote of 49 to 39.

Reps. STURKIE, KOON, WRIGHT and RISER proposed the following Amendment No. 27 (Doc Name L:\council\legis\amend\JIC\6016HTC.94), which was tabled.

Amend the report of the Committee on Ways and Means, as and if amended, page 920-4, by striking the quotation mark on line 38 and by inserting immediately after line 38:

/Additional property tax revenues derived from the operation of this section changing agricultural use property to some other use must be set aside in a separate account and the account's proceeds must be used only for the purpose of rolling back property tax millage."/

Amend title to conform.

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

Rep. McLEOD spoke against the Bill.

Rep McABEE inquired about whether this Bill would require a two thirds vote to pass since it amended the original Act 208. He further stated there was a provision which stated that any changes to Act 208 would require a two thirds vote.

The SPEAKER stated that it seemed he was referring to Article X of the Constitution which set the assessment ratio. He further stated that in Article X it stated that the General Assembly would define the classification like the six percent and four percent and it would require two thirds to change that.

The SPEAKER stated that it would not be effective because it did not amend the Constitution and it would be decided in the Courts. He further stated that Article X would allow him to define agricultural real property but that it set the fact that agricultural real property which is actually used for such purposes shall be tacked on an assessment equal to four percent of its value for such purposes.

Rep. McABEE stated that if the General Assembly in effect took away the agricultural use then in effect it would change the ratio of that property.

The SPEAKER stated that under Section 2 of Article X the General Assembly was allowed to define the classes but that it could not change or grant new exemptions except homestead except by two thirds. He further stated that the General Assembly could change the assessment ratios by statute but Article 10 did require that it be by two thirds.

Rep. McABEE inquired whether that included taking away exemptions by two thirds.

The SPEAKER stated that it may provide for exemptions and additions to the ones already provided.

Rep. McABEE spoke against the Bill.

Rep. KIRSH spoke in favor of the Bill.

Rep. HUTSON moved to reconsider the vote whereby Amendment No. 26 was tabled.

Rep. KIRSH moved to table the motion to reconsider, which was agreed to by a division vote of 50 to 38.

Rep. WHITE spoke against the Bill.

Rep. WILKES spoke in favor of the Bill.

The question then recurred to the passage of the Bill, as amended, on second reading.

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

Alexander, M.O.  Alexander, T.C.  Allison
Bailey, G.       Baker            Baxley
Boan             Brown, H.        Chamblee
Clyborne         Corning          Cromer
Davenport        Fair             Fulmer
Gamble           Graham           Hallman
Harrell          Harrelson        Harris, J.
Harrison         Harvin           Harwell
Haskins          Huff             Hutson
Jennings         Keegan           Kelley
Keyserling       Kinon            Kirsh
Klauber          Law              Marchbanks
Martin           Mattos           McCraw
McElveen         McKay            McTeer
Meacham          Neilson          Phillips
Richardson       Riser            Robinson
Rogers           Rudnick          Sharpe
Sheheen          Shissias         Simrill
Smith, R.        Snow             Stille
Stone            Stuart           Sturkie
Thomas           Tucker           Vaughn
Waites           Waldrop          Walker
Wilder, D.       Wilkes           Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.

Those who voted in the negative are:

Anderson         Beatty           Breeland
Brown, J.        Cato             Cobb-Hunter
Cooper           Felder           Govan
Hines            Inabinett        Kennedy
Koon             Lanford          Littlejohn
McAbee           McLeod           Moody-Lawrence
Neal             Rhoad            Scott
Spearman         White            Williams

Askins (Present) Nay

Houck (Absent) Aye

Carnell (Present) Nay

Quinn (Absent) Aye

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: S. 920 General Subject Matter: Agriculture Property Tax

The reason for abstaining on the above reference legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. JAMES J. BAILEY

Due to family circumstances, I was unable to be in attendance during all the debate on S. 920. If I had been present, I would have voted in favor of its passage.

Rep. TONEY L. FARR

I was out of the Chamber for most of the debate on the tax Bill on agricultural uses. I am supportive of the proposal.

I was out of town for most of the day.

If the women's right to know Bill is debated, I am in favor of that proposal also.

Rep. RICHARD M. QUINN, JR.

Rep. KENNEDY moved that the House do now adjourn, which was adopted.

The Senate returned to the House with concurrence the following:

H. 5164 -- Rep. T.C. Alexander: A CONCURRENT RESOLUTION TO RECOGNIZE THE WEEK OF MAY 1-7, 1994, AS "ASSOCIATION WEEK", AS PROCLAIMED BY THE GOVERNOR, HONORING THE NONPROFIT NATIONAL, REGIONAL, STATE, AND LOCAL TRADE ASSOCIATIONS, PROFESSIONAL SOCIETIES, AND COMMUNITY SERVICE ORGANIZATIONS IN SOUTH CAROLINA.

H. 5194 -- Reps. Meacham and Waites: A CONCURRENT RESOLUTION TO EXTEND A HEARTY WELCOME TO THE COLORADO SILVER BULLETS, THE FIRST ALL WOMEN'S PROFESSIONAL BASEBALL TEAM SINCE THE 1950'S, TO FORT MILL, SOUTH CAROLINA, FOR THE OPENING GAME OF THEIR FIRST SEASON AT KNIGHTS CASTLE STADIUM, TO WELCOME THEM TO THE GREAT SPORT OF BASEBALL, AND TO WISH THEM THE BEST OF LUCK IN THE UPCOMING SEASON.

H. 5195 -- Rep. Meacham: A CONCURRENT RESOLUTION TO CONGRATULATE THE FORT MILL HIGH SCHOOL BAND FOR ITS OUTSTANDING ACCOMPLISHMENTS DURING THE 1993-94 SCHOOL YEAR INCLUDING RECEIPT OF MANY HONORS AND AWARDS AND FOR BEING INVITED TO PARTICIPATE IN THE 1995 TOURNAMENT OF ROSES PARADE IN PASADENA, CALIFORNIA.

Indicates Matter Stricken Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Eternal Father, with grateful hearts we greet this new day as a gift from Your good hand. Make us strong enough for the tasks of this day that we falter not along the way. In the discharge of our duties, make us channels of Your will, with honor bright and hearts pure. Keep us diligent in our work, just and upright in our dealings, filled with understanding, full of compassion, and fruitful in all good deeds. In all our doings, grant us the courage of our convictions and strength to stand firm for all that is true, good and beautiful.

Grant us Your peace both now and always. Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.

H. 5021 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.

H. 4031 -- Reps. M.O. Alexander and Phillips: A BILL TO AMEND SECTION 56-1-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPIRATION OF DRIVER'S LICENSE, RENEWAL, VISION TESTS, AND REEXAMINATIONS, SO AS TO CHANGE THE MANNER OF PROOF THAT A PERSON ON ACTIVE MILITARY DUTY OUTSIDE THE STATE MUST PRESENT TO THE

H. 4330 -- Reps. Fair, Corning, Snow and Harvin: A BILL TO AMEND SECTION 56-5-2530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOPPING, STANDING, OR PARKING IN PROHIBITED SPECIFIED AREAS, SO AS TO PROVIDE AN EXCEPTION FOR POSTAL SERVICE CARRIERS OR BUSINESSES PROVIDING MAIL, PARCEL, OR PACKAGE DELIVERY THAT MAKE FREQUENT STOPS FOR SHORT PERIODS OF TIME.

H. 3094 -- Reps. Kirsh and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-735 SO AS TO PROVIDE THAT BUNGY JUMPING AND REVERSE BUNGY JUMPING ARE UNLAWFUL AND TO PROVIDE PENALTIES FOR VIOLATION.

H. 4619 -- Reps. Huff, Wilkins, R. Smith, Sharpe, A. Young and Stone: A BILL TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO FURTHER PROVIDE FOR THE DUTIES OF A TRUSTEE WITH RESPECT TO ACQUIRING OR RETAINING A CONTRACT OF INSURANCE UPON THE LIFE OF THE TRUSTOR OR TRUSTOR'S SPOUSE.

H. 4941 -- Reps. Robinson, Stone, Marchbanks, Govan, Littlejohn, Mattos, Corning, Allison, Sturkie, J. Wilder, Simrill, Law, Wofford, Wright, Sharpe, Harrell, Huff, Wells, Haskins, Riser, Jaskwhich and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1644 SO AS TO PROVIDE THAT LICENSED FOSTER FAMILY CARE PROVIDERS ARE NOT LIABLE FOR LOSSES RESULTING FROM ACTS MADE IN GOOD FAITH WITHIN THE SCOPE OF THEIR OBLIGATIONS AS FOSTER PARENTS; BY ADDING SECTION 43-1-90 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO DEVELOP AN INTERNAL REVIEW SYSTEM FOR CASES IN WHICH A CHILD KNOWN TO THE DEPARTMENT HAS DIED; BY ADDING SECTION 62-2-805 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A PARENT MAY NOT INHERIT FROM A DECEASED CHILD; TO AMEND SECTION 15-78-60, AS

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