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

Page Finder Index

| Printed Page 1300, Mar. 5 | Printed Page 1320, Mar. 5 |

Printed Page 1310 . . . . . Tuesday, March 5, 1996

(F) Court Administration shall adopt rules addressing procedures for filing and resolving claims under the Probate Relief Fund, including, but not limited to, criteria for recovery under the fund which must provide that, in order to collect from the fund, it is likely that the claimant has no other reasonably attained remedy at law.

(G) The assessment on estates opened in probate court as provided for in Section 8-21-820 must be terminated and the fund abolished after no claim has been filed for twenty-four consecutive months and all funds borrowed from the State Treasurer have been repaid.

(H) This section takes effect July 1, 1995, and applies to claims arising before July 1, 1995, which are filed within the statute of limitations provided for in Section 14-23-1160 of the 1976 Code."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. HODGES explained the amendment.

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

Reps. COBB-HUNTER, KENNEDY, WILKES and WHITE proposed the following Amendment No. 14 (Doc Name P:\amend\dc1.202), which was tabled.

Amend the bill, as and if amended, Section 2, page 5, after line 4 by inserting a new appropriately numbered item to read:

/Infrastructure Revolving

Loan Fund

10,000,000/

Amend sections, totals and title to conform.

Rep. COBB-HUNTER explained the amendment.

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

Reps. COBB-HUNTER, KENNEDY, WILKES and WHITE proposed the following Amendment No. 15 (Doc Name P:\amend\dc.202), which was adopted.

Amend the bill, as and if amended, Section 2, page 5, after line 4 by inserting a new appropriately numbered item to read:

/Infrastructure Revolving

Loan Fund. . . . .9,500,000/

Amend sections, totals and title to conform.

Rep. KENNEDY explained the amendment.


Printed Page 1311 . . . . . Tuesday, March 5, 1996

Reps. STUART, JENNINGS and RHOAD spoke in favor of the amendment.

Rep. TROTTER moved to table the amendment.

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

Yeas 10; Nays 87

Those who voted in the affirmative are:

Brown, H.            Dantzler             Harrell
Keegan               Law                  Marchbanks
Robinson             Smith, R.            Trotter
Young-Brickell

Total--10

Those who voted in the negative are:

Allison              Anderson             Breeland
Brown, G.            Brown, T.            Byrd
Cain                 Carnell              Cato
Cave                 Chamblee             Clyburn
Cobb-Hunter          Cooper               Cotty
Cromer               Delleney             Easterday
Felder               Fulmer               Gamble
Govan                Harris, J.           Harris, P.
Harvin               Haskins              Herdklotz
Hines, J.            Hines, M.            Hodges
Hutson               Inabinett            Jennings
Kennedy              Keyserling           Kinon
Kirsh                Klauber              Knotts
Koon                 Lanford              Lee
Limbaugh             Limehouse            Littlejohn
Lloyd                Mason                McAbee
McElveen             McKay                McMahand
McTeer               Meacham              Moody-Lawrence
Neilson              Quinn                Rhoad
Rice                 Richardson           Riser
Rogers               Sandifer             Scott
Seithel              Sharpe               Sheheen
Shissias             Simrill              Spearman
Stille               Stoddard             Stuart

Printed Page 1312 . . . . . Tuesday, March 5, 1996

Thomas               Tripp                Tucker
Vaughn               Waldrop              Walker
Wells                Whipper, S.          White
Wilder               Williams             Witherspoon
Worley               Wright               Young

Total--87

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. WRIGHT proposed the following Amendment No. 18 (Doc Name P:\amend\taw.5), which was rejected.

Amend the bill, as and if amended, Section 2, page 4, line 23 by:

Striking Item: Department of Mental Health - Patient

Paying Fee Account. . . . .3,800,000

Amend the bill further, as and if amended, Section 2, page 4, after line 10 by adding an appropriately numbered item to read: /Department of Mental Health - Patient Paying Fee Account. . . . .3,800,000/

Amend sections, totals and title to conform.

Rep. WRIGHT explained the amendment.

Rep. H. BROWN spoke against the amendment.

Rep. WRIGHT spoke in favor of the amendment.

Rep. H. BROWN moved to table the amendment.

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

The House refused to table the amendment by a division vote of 37 to 38.

The question then recurred to the adoption of the amendment.

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

Yeas 43; Nays 53

Those who voted in the affirmative are:

Anderson             Breeland             Brown, T.
Cave                 Cotty                Delleney
Gamble               Govan                Harris, P.
Harrison             Harvin               Haskins

Printed Page 1313 . . . . . Tuesday, March 5, 1996

Hines, J.            Hutson               Jennings
Kennedy              Knotts               Koon
Littlejohn           Mason                McElveen
McMahand             Meacham              Moody-Lawrence
Neilson              Quinn                Rhoad
Riser                Seithel              Shissias
Simrill              Spearman             Stoddard
Thomas               Tucker               Vaughn
Waldrop              Whipper, L.          Whipper, S.
White                Wilder               Wright
Young

Total--43

Those who voted in the negative are:

Boan                 Brown, G.            Brown, H.
Byrd                 Cain                 Carnell
Cato                 Chamblee             Clyburn
Cooper               Cromer               Dantzler
Easterday            Fulmer               Hallman
Harrell              Harris, J.           Hines, M.
Inabinett            Keegan               Keyserling
Kinon                Kirsh                Klauber
Lanford              Law                  Lee
Limbaugh             Limehouse            Lloyd
Loftis               Marchbanks           McAbee
McTeer               Rice                 Richardson
Robinson             Sandifer             Scott
Sharpe               Sheheen              Smith, R.
Stille               Stuart               Townsend
Tripp                Trotter              Wells
Wilkins              Williams             Witherspoon
Wofford              Worley               

Total--53

So, the amendment was rejected.


Printed Page 1314 . . . . . Tuesday, March 5, 1996

Reps. SCOTT, ROGERS, J. BROWN, NEAL, CROMER, HOWARD, SHISSIAS and HARRISON proposed the following Amendment No. 19 (Doc Name P:\amend\trsup.3), which was tabled.

Amend the bill, as and if amended, Section 2, page 5, after line 4 by adding an appropriately numbered item to read:

/Richland County Parks and Recreation Commission. . . . .$20,000/

Amend sections, totals and title to conform.

Rep. SCOTT explained the amendment.

Rep. ROBINSON moved to table the amendment.

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

Yeas 58; Nays 29

Those who voted in the affirmative are:

Brown, H.            Brown, T.            Cain
Cato                 Cotty                Dantzler
Easterday            Felder               Gamble
Harrell              Harris, P.           Haskins
Herdklotz            Hutson               Keegan
Kelley               Keyserling           Kirsh
Klauber              Knotts               Koon
Law                  Limbaugh             Limehouse
Littlejohn           Loftis               Marchbanks
Mason                McElveen             McTeer
Meacham              Rice                 Riser
Robinson             Sandifer             Seithel
Sharpe               Sheheen              Simrill
Smith, D.            Smith, R.            Spearman
Stille               Stuart               Townsend
Tripp                Trotter              Tucker
Vaughn               Waldrop              Walker
Wells                Wilder               Wilkins
Witherspoon          Worley               Young
Young-Brickell

Total--58
Printed Page 1315 . . . . . Tuesday, March 5, 1996

Those who voted in the negative are:
Anderson             Breeland             Brown, G.
Brown, J.            Byrd                 Cave
Clyburn              Cromer               Delleney
Govan                Harris, J.           Harrison
Harvin               Hines, J.            Hines, M.
Inabinett            Jennings             Kennedy
Kinon                Lee                  Lloyd
McMahand             Quinn                Scott
Shissias             Stoddard             Whipper, L.
Whipper, S.          White                

Total--29

So, the amendment was tabled.

Rep. COTTY proposed the following Amendment No. 21 (Doc Name P:\amend\cjsup.1), which was tabled.

Amend the bill, as and if amended, Section 3, page 5, after line 16 by adding an appropriately numbered paragraph to read:

/All appropriations in Section 2 shall be reduced by ten percent and the amount shall be funded as the first priority item for all school day kindergarten for at-risk students. At-risk shall be determined by the state department of education and participation shall be voluntary by individual school districts./

Amend sections, totals and title to conform.

Rep. COTTY explained the amendment.

Rep. WELLS spoke against the amendment.

Rep. COTTY spoke in favor of the amendment.

Rep. WELLS moved to table the amendment.

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

Yeas 52; Nays 49

Those who voted in the affirmative are:

Allison              Brown, H.            Cain
Carnell              Cato                 Chamblee
Cooper               Dantzler             Easterday
Felder               Fleming              Gamble

Printed Page 1316 . . . . . Tuesday, March 5, 1996

Hallman              Harrell              Harrison
Haskins              Herdklotz            Hutson
Keegan               Kelley               Kirsh
Klauber              Koon                 Law
Limbaugh             Littlejohn           Loftis
Marchbanks           Martin               Mason
McAbee               Quinn                Rice
Riser                Robinson             Sandifer
Seithel              Sharpe               Smith, D.
Smith, R.            Townsend             Tripp
Trotter              Vaughn               Waldrop
Walker               Wells                Wilkins
Witherspoon          Wofford              Worley
Young-Brickell

Total--52

Those who voted in the negative are:

Anderson             Breeland             Brown, G.
Brown, J.            Brown, T.            Byrd
Cave                 Clyburn              Cobb-Hunter
Cotty                Cromer               Delleney
Govan                Harris, J.           Harris, P.
Harvin               Hines, J.            Hines, M.
Hodges               Jennings             Kennedy
Keyserling           Kinon                Knotts
Lee                  Lloyd                McElveen
McMahand             McTeer               Meacham
Moody-Lawrence       Rhoad                Richardson
Rogers               Sheheen              Shissias
Simrill              Stille               Stoddard
Stuart               Thomas               Tucker
Whipper, L.          Whipper, S.          White
Wilder               Williams             Wright
Young                

Total--49

So, the amendment was tabled.

SPEAKER PRO TEMPORE IN CHAIR
Printed Page 1317 . . . . . Tuesday, March 5, 1996

Rep. WILKINS proposed the following Amendment No. 22 (Doc Name P:\amend\bjsup.1), which was adopted.

Amend the bill, as and if amended, Section 2, page 5, after line 4 by adding an appropriately numbered item to read:

/Governor's Office-Governor's School for the Arts. . . . .3,000,000/

Amend the bill further, as and if amended, Section 2, page 5, after line 4 by adding an appropriately numbered item to read:

/Governor's Office-Governor's School for

Math and Science. . . . .5,000,000/

Amend the bill further, as and if amended, Section 2, page 5, after line 4 by adding an appropriately numbered item to read:

/Multi-District Career Centers. . . . .3,000,000/

Amend sections, totals and title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

SPEAKER IN CHAIR

Reps. QUINN, HARRISON, SHISSIAS, COTTY and ROGERS proposed the following Amendment No. 23 (Doc Name P:\amend\taw.24), which was tabled.

Amend the bill, as and if amended, Section 2, page 5, after line 4 by adding an appropriately numbered item to read:

/Columbia Museum of Art. . . . .2,000,000

Amend sections, totals and title to conform.

Rep. QUINN explained the amendment.

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

Rep. CARNELL proposed the following Amendment No. 24 (Doc Name P:\amend\dc.205), which was rejected.

Amend the bill, as and if amended, Section 2, page 3, after line 33 by inserting a new appropriately numbered item to read:

State Library-Ware Shoals Community Library State Match. . . . .100,000

Amend sections, totals and title to conform.

Rep. CARNELL explained the amendment.

Rep. WITHERSPOON moved to table the amendment, which was not agreed to by a division vote of 30 to 32.

The question then recurred to the adoption of the amendment.


Printed Page 1318 . . . . . Tuesday, March 5, 1996

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

Yeas 41; Nays 54

Those who voted in the affirmative are:

Anderson             Breeland             Brown, J.
Brown, T.            Byrd                 Carnell
Cave                 Chamblee             Cobb-Hunter
Delleney             Felder               Harris, P.
Harrison             Harvin               Hines, J.
Hines, M.            Hodges               Howard
Kennedy              Kinon                Klauber
Lee                  Lloyd                McAbee
McKay                McMahand             Neilson
Quinn                Rhoad                Rogers
Sheheen              Stille               Stoddard
Stuart               Tucker               Whipper, L.
Whipper, S.          White                Wilder
Williams             Wofford

Total--41

Those who voted in the negative are:

Allison              Cain                 Cato
Cooper               Cotty                Cromer
Dantzler             Easterday            Gamble
Hallman              Harrell              Haskins
Herdklotz            Hutson               Keegan
Kelley               Keyserling           Kirsh
Knotts               Koon                 Law
Limbaugh             Limehouse            Littlejohn
Loftis               Marchbanks           Martin
Mason                McElveen             Meacham
Moody-Lawrence       Rice                 Richardson
Riser                Robinson             Sandifer
Seithel              Sharpe               Simrill
Smith, D.            Smith, R.            Spearman
Thomas               Tripp                Trotter
Vaughn               Walker               Wells

Printed Page 1319 . . . . . Tuesday, March 5, 1996

Wilkins              Witherspoon          Worley
Wright               Young                Young-Brickell

Total--54

So, the amendment was rejected.

Rep. SHEHEEN proposed the following Amendment No. 25 (Doc Name P:\amend\dcsup.1), which was adopted.

Amend the bill, as and if amended, Section 2, page 2, after line 11 by adding an appropriately numbered item to read:

/Capital Improvements - Carolina Cup Racing Asso.

. . . . .50,000/

Amend sections, totals and title to conform.

Rep. SHEHEEN explained the amendment.

Rep. FELDER spoke upon the amendment.

Rep. KELLEY moved to table the amendment.

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

Yeas 44; Nays 53

Those who voted in the affirmative are:

Cain                 Cato                 Chamblee
Cooper               Easterday            Gamble
Hallman              Herdklotz            Hines, M.
Keegan               Kelley               Klauber
Knotts               Lanford              Lee
Limbaugh             Limehouse            Littlejohn
Loftis               Marchbanks           Mason
Meacham              Moody-Lawrence       Riser
Robinson             Sandifer             Scott
Seithel              Sharpe               Simrill
Smith, D.            Smith, R.            Spearman
Thomas               Trotter              Walker
Wells                Whipper, L.          Whipper, S.
Witherspoon          Wofford              Worley
Young                Young-Brickell

Total--44


Printed Page 1320 . . . . . Tuesday, March 5, 1996

Those who voted in the negative are:
Anderson             Boan                 Breeland
Brown, J.            Byrd                 Carnell
Cave                 Cobb-Hunter          Cotty
Cromer               Dantzler             Delleney
Felder               Fleming              Govan
Harrell              Harris, J.           Harris, P.
Harrison             Harvin               Haskins
Hines, J.            Hodges               Kennedy
Keyserling           Kinon                Kirsh
Koon                 Law                  Lloyd
Martin               McElveen             McMahand
McTeer               Neilson              Quinn
Rhoad                Rice                 Richardson
Rogers               Sheheen              Shissias
Stille               Stoddard             Stuart
Tripp                Tucker               Vaughn
Waldrop              White                Wilkins
Williams             Wright

Total--53

So, the House refused to table the amendment.


| Printed Page 1300, Mar. 5 | Printed Page 1320, Mar. 5 |

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