1996 Permanent House Journal Printed Pages 970-979 - South Carolina Legislature Online

Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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Printed Page 960, Feb. 26 | Printed Page 980, Feb. 26

Printed Page 970 . . . . . Monday, February 26, 1996

H. 4678 -- Reps. Neilson, J. Hines, G. Brown and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT A RECREATIONAL VEHICLE ON WHICH THE INTEREST PORTION OF ANY INDEBTEDNESS THEREON IS OR WOULD BE DEDUCTIBLE UNDER THE INTERNAL REVENUE CODE AS AN INTEREST EXPENSE ON A QUALIFIED PRIMARY OR SECOND RESIDENCE IS ALSO DEEMED TO BE A PRIMARY OR SECOND RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAXATION IN THIS STATE AND AS SUCH IS CONSIDERED REAL RATHER THAN PERSONAL PROPERTY FOR THESE PURPOSES.

Referred to Committee on Ways and Means.

H. 4679 -- Reps. Neilson, J. Hines and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-753 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER TRAVELING FIFTEEN MILES AN HOUR OR MORE OVER THE POSTED SPEED LIMIT IN HIS LAW ENFORCEMENT VEHICLE MUST ACTIVATE HIS BLUE LIGHTS AND SIREN.

Referred to Committee on Judiciary.

H. 4647--ORDERED TO THIRD READING

The following Bill was taken up.

H. 4647 -- Reps. Vaughn, Rice, Easterday, Littlejohn, Allison, Anderson, Herdklotz, Loftis, Haskins, Cato, McMahand, Wilkins, Tripp, Wells, Jaskwhich and Lanford: A BILL TO AMEND SECTION 55-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF AN AIRPORT ENVIRONS AREA AND SUB-AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO FURTHER PROVIDE FOR THE

Printed Page 971 . . . . . Monday, February 26, 1996

ENVIRONS AREA, AND DELAY THE DATE FOR COMPLETION OF THE TASKS REQUIRED BY THE AIRPORT ENVIRONS PLANNING COMMISSION.

Rep. HASKINS proposed the following Amendment No. 1, which was tabled.

Amend the bill, as and if amended, by striking all after the enacting words, and adding:

/Section 55-11-230 is repealed in its entirety./

Amend title to conform.

Rep. HASKINS explained the amendment.

Rep. ANDERSON moved to table the amendment, which was agreed to by a division vote of 12 to 6.

Rep. D. SMITH proposed the following Amendment No. 2 (Doc Name P:\amend\PT\2280DW.96), which was tabled.

Amend the bill, as and if amended, by striking all after enacting words and inserting:

/ SECTION 1. Section 55-11-230(B)(4) of the 1976 Code, as added by Act 100 of 1995, is amended to read:
"(4) By January 31, 1996, the Airport Environs Planning Commission shall develop a uniform land use plan and uniform building performance standards for the airport environs area, submit them for review and comment to the governing body of each political subdivision represented on the Airport Environs Planning Commission, as well as the South Carolina Department of Commerce and the Federal Aviation Administration, conduct public hearings pursuant to Article 3, Chapter 29, Title 6, on the proposed uniform plan and standards. After receiving comments and conducting hearings, the Airport Environs Planning Commission shall adopt a land use plan and building performance standards to be effective throughout the airport environs area and enforced fully and without amendment by each political subdivision represented on the Airport Environs Planning Commission. However, any land use plan developed by the commission is not effective unless it has received approval by a two-thirds vote of each of the governing bodies of Greenville and Spartanburg Counties voting separately on the question. The Airport Environs Planning Commission, by majority of all voting members, may extend the January 31, 1996, deadline for a reasonable period of time not to exceed beyond March 31, 1996, for the completion of these tasks. Each political subdivision shall enforce the uniform plan

Printed Page 972 . . . . . Monday, February 26, 1996

and standards as an `overlay zone', identifying areas subject to regulation which are supplementary to the existing regulations of that political subdivision, or as new or superseding provisions to that political subdivision's ordinances. If there is a conflict between the provisions adopted by the Airport Environs Planning Commission under this section or regulations of a political subdivision applicable to the airport environs area, then the provisions adopted by the Airport Environs Planning Commission under this section shall govern. If a uniform land use plan or uniform building performance standards are not developed by the Airport Environs Planning Commission in the manner provided in this section, any of the entities represented on the Airport Environs Planning Commission may file an action for relief, including mandamus or injunctive relief, in the Circuit Court for Greenville or Spartanburg County, to require adoption of the plan, or standards, or both, as directed by this section. Such an action must be brought within sixty days of the deadline as set forth above.

SECTION 2. The date of March 31, 1996, which is the date to which the Greenville-Spartanburg Airport Environs Commission may extend the deadline for completing the tasks necessary to develop and adopt a uniform land use plan provided for in Section 55-11-230(B)(4) of the 1976 Code may be further extended not to exceed beyond forty-five days of the effective date of this act.

SECTION 3. This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Rep. D. SMITH explained the amendment.

Rep. VAUGHN spoke against the amendment and moved to table the amendment.

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

The amendment was then tabled by a division vote of 12 to 5.

Rep. WALKER moved to adjourn debate upon the Bill until Tuesday, March 5.

Rep. VAUGHN moved to table the motion, which was agreed to by a division vote of 12 to 5.

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

Printed Page 973 . . . . . Monday, February 26, 1996

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

Yeas 12; Nays 0

Those who voted in the affirmative are:

Anderson             Cato                 Easterday
Haskins              Jaskwhich            Lanford
McMahand             Rice                 Tripp
Vaughn               Wilder               Wilkins

Total--12

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

OBJECTION TO MOTION

Rep. VAUGHN asked unanimous consent that the Bill be read a third time tomorrow.

Rep. WALKER objected.

H. 4600--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 4600

GENERAL APPROPRIATION BILL

MOTION ADOPTED

Rep. H. BROWN moved that the General Appropriation Bill be considered section by section, beginning with Part IA then taking up Part IB and then Part II, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that while debating the General Appropriation Bill, he be allowed to note a motion daily to reconsider each section adopted, which was agreed to.

STATEMENT BY REP. H. BROWN

Rep. H. BROWN made a statement relative to the Bill.

Printed Page 974 . . . . . Monday, February 26, 1996

PART IA

SECTION 3A

Section 3A was adopted.

SECTION 3B--AMENDED AND DEBATE ADJOURNED

Rep. MARCHBANKS proposed the following Amendment No. 7 (Doc Name P:\amend\dc.10), which was adopted.

Amend the bill, as and if amended, Part IA, Section 3b, House of Representatives, page 9, line 31, opposite /Approved Accounts/ by increasing the amounts in columns (5) and (6) by /116,885/;

Amend further, page 9, line 38, opposite /Telephone Expense/ by decreasing the amounts in columns (5) and (6) by /15,000/;

Amend further, page 11, line 32, opposite /Misc. Gen. Oper./ by decreasing the amounts in columns (5) and (6) by /13,461/;

Amend further, page 12, line 2, opposite /Employer Contributions/ by decreasing the amounts in columns (5) and (6) by /88,424/

Renumber sections and amend totals/title to conform.

Rep. MARCHBANKS explained the amendment.

The amendment was then adopted.

Rep. ROGERS moved to adjourn debate upon the section, which was adopted.

SECTION 3C

Section 3C was adopted.

SECTION 3D

Section 3D was adopted.

SECTION 3E

Section 3E was adopted.

SECTION 3F

Section 3F was adopted.

SECTION 3G

Section 3G was adopted.

Printed Page 975 . . . . . Monday, February 26, 1996

SECTION 4A

Section 4A was adopted.

SECTION 4B

Section 4B was adopted.

SECTION 5

Section 5 was adopted.

SECTION 6A--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the section, which was adopted.

SECTION 6B

Section 6B was adopted.

SECTION 6C

Section 6C was adopted.

SECTION 6D

Section 6D was adopted.

SECTION 7

Section 7 was adopted.

SECTION 8

Section 8 was adopted.

SECTION 9

Section 9 was adopted.

SECTION 10

Section 10 was adopted.

SECTION 11--DEBATE ADJOURNED

Rep. ROGERS moved to adjourn debate upon the section, which was adopted.

SECTION 12

Section 12 was adopted.

Printed Page 976 . . . . . Monday, February 26, 1996

SECTION 13

Section 13 was adopted.

SECTION 14

Section 14 was adopted.

SECTION 15

Section 15 was adopted.

SECTION 16

Section 16 was adopted.

SECTION 17A

Section 17A was adopted.

SECTION 17B

Section 17B was adopted.

SECTION 17C

Section 17C was adopted.

SECTION 17D

Section 17D was adopted.

SECTION 17E

Section 17E was adopted.

SECTION 17F

Section 17F was adopted.

SECTION 17G

Section 17G was adopted.

SECTION 18A--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the section, which was adopted.

SECTION 18B

Section 18B was adopted.

Printed Page 977 . . . . . Monday, February 26, 1996

SECTION 18C

Section 18C was adopted.

SECTION 18D

Section 18D was adopted.

SECTION 18E

Section 18E was adopted.

SECTION 18F

Section 18F was adopted.

SECTION 18G

Section 18G was adopted.

SECTION 18H

Section 18H was adopted.

SECTION 18J

Section 18J was adopted.

SECTION 18KA

Section 18KA was adopted.

SECTION 18KB

Section 18KB was adopted.

SECTION 18KC

Section 18KC was adopted.

SECTION 18KD

Section 18KD was adopted.

SECTION 18KE

Section 18KE was adopted.

SECTION 18KF

Section 18KF was adopted.

SECTION 18KG

Section 18KG was adopted.

Printed Page 978 . . . . . Monday, February 26, 1996

SECTION 18KH

Section 18KH was adopted.

SECTION 18L

Section 18L was adopted.

SECTION 18MA

Section 18MA was adopted.

SECTION 18MB

Section 18MB was adopted.

SECTION 18MC

Section 18MC was adopted.

SECTION 18N--DEBATE ADJOURNED

Rep. ROGERS moved to adjourn debate upon the section, which was adopted.

SECTION 19--DEBATE ADJOURNED

Rep. ROGERS moved to adjourn debate upon the section, which was adopted.

SECTION 20--DEBATE ADJOURNED

Rep. ROGERS moved to adjourn debate upon the section, which was adopted.

SECTION 21

Section 21 was adopted.

SECTION 22

Section 22 was adopted.

SECTION 23

Section 23 was adopted.

SECTION 24--DEBATE ADJOURNED

Rep. SPEARMAN moved to adjourn debate upon the section, which was adopted.

Printed Page 979 . . . . . Monday, February 26, 1996

SECTION 25

Section 25 was adopted.

SECTION 26

Section 26 was adopted.

SECTION 27

Section 27 was adopted.

SECTION 28

Section 28 was adopted.

SECTION 29

Section 29 was adopted.

SECTION 30

Section 30 was adopted.

SECTION 31

Section 31 was adopted.

SECTION 32--DEBATE ADJOURNED

Rep. TUCKER moved to adjourn debate upon the section, which was adopted.

SECTION 33

Section 33 was adopted.

SECTION 34--DEBATE ADJOURNED

Rep. ROBINSON moved to adjourn debate upon the section, which was adopted.

SECTION 35

Section 35 was adopted.

SECTION 36

Section 36 was adopted.

SECTION 37

Section 37 was adopted.

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