Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 1280, Mar. 6 | Printed Page 1300, Mar. 6 |

Printed Page 1290 . . . . . Monday, March 6, 1995

Section 4A was adopted.

SECTION 5

Section 5 was adopted.

SECTION 6DD

Section 6DD was adopted.

SECTION 8--DEBATE ADJOURNED

Rep. KIRSH proposed the following Amendment No. 53 (Doc Name L:\h- wm\legis\amend\DC.3)

Amend the bill, as and if amended, Part IB, Section 8, Secretary of State, paragraph 2, page 389, line 36, by striking /$15,000/ and inserting /$150,000/

Amend further, page 389, line 42, by striking /$15,000/ and inserting /$100,000/

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.


Printed Page 1291 . . . . . Monday, March 6, 1995

LEAVE OF ABSENCE

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

Rep. KIRSH continued speaking.

LEAVE OF ABSENCE

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

Rep. SHEHEEN spoke in favor of the amendment.

Rep. McELVEEN spoke upon the amendment and moved to adjourn debate upon the section.

Rep. KIRSH moved to table the motion, which was not agreed to.

The question then recurred to the motion to adjourn debate, which was agreed to.

SECTION 9

Section 9 was adopted.

SECTION 10

Section 10 was adopted.

SECTION 11

Section 11 was adopted.

LEAVE OF ABSENCE

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

SECTION 12--DEBATE ADJOURNED

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

SECTION 13

Rep. QUINN explained the section.

Section 13 was adopted.


Printed Page 1292 . . . . . Monday, March 6, 1995

SECTION 14--DEBATE ADJOURNED

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

LEAVE OF ABSENCE

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

SECTION 15--AMENDED AND ADOPTED

Rep. MARCHBANKS proposed the following Amendment No. 10 (Doc Name L:\h- wm\legis\amend\DC15), which was adopted.
Amend the bill, as and if amended, Part IB, Section 15, Adjutant General's Office, page 395, after line 14, by inserting a new appropriately numbered paragraph to read: The Adjutant General is authorized to develop and implement an armory rental program to recoup costs associated with the use of armories by state agencies or other non-Guard organizations. The rental program must be uniform in its application to the maximum extent possible. Funds generated by this program may be retained and expended for armory maintenance and operations.

Renumber sections & amend totals/title to conform.

Rep. MARCHBANKS explained the amendment.

The amendment was then adopted.

Section 15 as amended was adopted.

SECTION 16

Section 16 was adopted.

SECTION 17--ADOPTED

Reps. BAXLEY, NEILSON and HINES proposed the following Amendment No. 39 (Doc Name L:\council\legis\amend\BR1\18249AC.95), which was tabled.

Amend the bill, as and if amended, Part IB, FO0 - Section 17 - Budget and Control Board, page 397, by adding an appropriately numbered paragraph after line 2 to read:

/__. Of the revenue in the Insurance Reserve Fund $250,000 must be transferred to the Probate Relief Fund created in Section 14-23-1150, and these monies must be repaid by the Probate Relief Fund to the Insurance


Printed Page 1293 . . . . . Monday, March 6, 1995

Reserve Fund from funds received in accordance with Section 14-23-1105 of the 1976 Code./

Renumber sections to conform.

Amend totals and title to conform.

Rep. BAXLEY explained the amendment.

Rep. BAXLEY spoke in favor of the amendment.

Rep. MARCHBANKS moved to table the amendment.

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

Yeas 69; Nays 38

Those who voted in the affirmative are:

Allison          Bailey           Brown, H.
Cain             Cato             Chamblee
Cooper           Cotty            Dantzler
Easterday        Fair             Felder
Fleming          Fulmer           Gamble
Hallman          Harrell          Harrison
Haskins          Herdklotz        Huff
Hutson           Jaskwhich        Keegan
Kelley           Keyserling       Kirsh
Klauber          Knotts           Koon
Lanford          Law              Limbaugh
Limehouse        Littlejohn       Marchbanks
Mason            McCraw           McMahand
Meacham          Moody-Lawrence   Quinn
Rhoad            Rice             Richardson
Riser            Robinson         Sandifer
Sharpe           Sheheen          Simrill
Smith, R.        Stille           Stuart
Townsend         Tripp            Trotter
Tucker           Vaughn           Waldrop
Walker           Wells            Whatley
Wilkins          Witherspoon      Wofford
Worley           Wright           Young, J.

Total--69



Printed Page 1294 . . . . . Monday, March 6, 1995

Those who voted in the negative are:
Anderson         Baxley           Beatty
Boan             Breeland         Brown, G.
Brown, J.        Brown, T.        Byrd
Cave             Clyburn          Cobb-Hunter
Govan            Harris, J.       Harris, P.
Harvin           Harwell          Hines
Hodges           Howard           Inabinett
Jennings         Kennedy          Kinon
Lloyd            Martin           McTeer
Neilson          Phillips         Spearman
Stoddard         Thomas           Whipper, L.
Whipper, S.      White            Wilder
Wilkes           Williams

Total--38

So, the amendment was tabled.

Section 17 was adopted.

SECTION 17A

Section 17A was adopted.

SECTION 17B

Section 17B was adopted.

SECTION 17C--DEBATE ADJOURNED

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

SECTION 17D--DEBATE ADJOURNED

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

SECTION 17E--DEBATE ADJOURNED

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


Printed Page 1295 . . . . . Monday, March 6, 1995

SECTION 17F--DEBATE ADJOURNED

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

SECTION 17G

Section 17G was adopted.

SECTION 18A - 18N--DEBATE ADJOURNED

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

SECTION 19-19A--DEBATE ADJOURNED

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

SECTION 20

Section 20 was adopted.

SECTION 21

Section 21 was adopted.

SECTION 22

Section 22 was adopted.

SECTION 23

Section 23 was adopted.

SECTION 24

Section 24 was adopted.

SECTION 25--AMENDED AND ADOPTED

Rep. KOON proposed the following Amendment No. 88 (Doc Name L:\h- wm\legis\amend\VC.15), which was adopted.

Amend the bill, as and if amended, Part IB, Section 25, Confederate Relic Room, Page 439, by adding an appropriately numbered paragraph to read /The Confederate Relic Room is authorized to collect, retain and expend fees from research and photographic processing requests/

Renumber sections & amend totals/title to conform.

Rep. KOON explained the amendment.

The amendment was then adopted.


Printed Page 1296 . . . . . Monday, March 6, 1995

Section 25 as amended was adopted.

SECTION 26--DEBATE ADJOURNED

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

SECTION 27

Section 27 was adopted.

SECTION 28

Section 28 was adopted.

LEAVE OF ABSENCE

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

SECTION 29--AMENDED AND ADOPTED

Rep. KEYSERLING proposed the following Amendment No. 45 (Doc Name L:\h- wm\legis\amend\VC.1), which was adopted.

Amend the bill, as and if amended, Part IB, Section 29, DHHS, Page 442, Line 6, by adding an appropriately numbered paragraph to read /The Department of Health and Human Services and the Department of Insurance shall report to the Ways and Means Committee and Senate Finance by January 15, 1996 on the impact of amending the State's Medicaid Plan to provide asset protection for potential medicaid long-term care recipients who purchase approved long-term care insurance policies. This report must identify costs associated with implementing this program as well as the impact on service availability for the current group of long-term care eligibles./

Renumber sections & amend totals/title to conform.

Rep. KEYSERLING explained the amendment.

Rep. FELDER spoke in favor of the amendment.

The amendment was then adopted.

Section 29 as amended was adopted.


Printed Page 1297 . . . . . Monday, March 6, 1995

SECTION 30--DEBATE ADJOURNED

Rep. COOPER proposed the following Amendment No. 72 (Doc Name L:\h- wm\legis\amend\DC.50).

Amend the bill, as and if amended, Part IB, Section 30, DHEC, paragraph 22, page 447, line 24, opposite /DHEC: Safe Drinking Water Act/, by deleting the paragraph in its entirety.

Renumber sections & amend totals/title to conform.

Rep. COOPER explained the amendment.

LEAVE OF ABSENCE

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

Rep. FELDER spoke against the amendment.

Rep. COOPER spoke in favor of the amendment.

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

SECTION 31

Section 31 was adopted.

SECTION 32

Section 32 was adopted.

SECTION 33

Section 33 was adopted.

SECTION 34

Section 34 was adopted.

SECTION 35

Section 35 was adopted.

SECTION 36

Section 36 was adopted.

SECTION 37

Section 37 was adopted.


Printed Page 1298 . . . . . Monday, March 6, 1995

SECTION 38--ADOPTED

Rep. SCOTT proposed the following Amendment No. 117 (Doc Name L:\council\legis\amend\GJK\21532AC.95), which was ruled out of order.

Amend the bill, as and if amended, Part IB, L-32, Section 38, Housing Finance and Development Authority, by adding an appropriately numbered paragraph to read:

/Lenders which are unable to meet the qualifications contained in Section 201 may be approved to participate in the Housing Finance and Development Authority's Homeownership Mortgage Purchase Programs as a correspondent lender. Approval for correspondent lenders is granted on a statewide basis.

In order to qualify for participation, a lender must be sponsored by a lender which is a state chartered bank or national banking association or a state or federally chartered savings and loan association or federal savings bank and which is approved to participate in the authority's programs pursuant to Section 201. The sponsoring lender must be a party to the correspondent lender's mortgage purchase agreement with the authority and must assume complete financial responsibility for the obligations of its correspondent lender including, but not limited to, responsibility for repurchasing any mortgage loan originated by the correspondent lender and purchased by the authority.

Correspondent lenders approved to participate in the homeownership programs are required to maintain their eligibility by providing information and by providing evidence of the continuation of its relationship with its sponsoring lender.

To participate in the Homeownership Mortgage Purchase Programs, a correspondent lender must be a:

(1) state chartered bank or national banking association;

(2) state or federal savings and loan association, savings bank; or

(3) Federal Housing Administration (FHA) approved loan correspondent."/

Renumber sections & amend totals/title to conform.

Rep. SCOTT explained the amendment.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that Amendment No. 117 was out of order as it was not germane.

Rep. SCOTT argued contra the Point in stating that it was germane in terms of the budget as it provided for provisions for bonds and bond


Printed Page 1299 . . . . . Monday, March 6, 1995

indebtedness for the State. He further stated that it related to the State Housing Authority.

The SPEAKER questioned the reference to Section 201 in the amendment.

Rep. SCOTT stated that Section 201 was the guidelines the Authority set out in terms of those individuals who will participate under the bond program for lending across the State. He further stated that the lending of the funds generated revenue.

The SPEAKER stated, citing Rule 5.3, that it did not have any substantial effect or impact on the general fund and he sustained the Point of Order and ruled the Amendment out of order.

Section 38 was adopted.

SECTION 39

Section 39 was adopted.

SECTION 41

Section 41 was adopted.

SECTION 42

Section 42 was adopted.

SECTION 43

Section 43 was adopted.

SECTION 44

Section 44 was adopted.

SECTION 45

Section 45 was adopted.

SECTION 46

Section 46 was adopted.

SECTION 47

Section 47 was adopted.

SECTION 48

Section 48 was adopted.


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