Printed Page 1290, Mar. 5
| Printed Page 1310, Mar. 5
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Printed Page 1290, Mar. 5
| Printed Page 1310, Mar. 5
| Rep. MARCHBANKS moved that the House recede until 2:15 P.M., which was adopted.
At 2:15 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 Reps. PHILLIPS and McCRAW a leave of absence.
The following Joint Resolution was taken up.
H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.
Rep. KOON proposed the following Amendment No. 1 (Doc Name P:\amend\BS1.11), which was adopted.
Amend the bill, as and if amended, SECTION 1, PAGE 2, LINE 9 BY INSERTING AFTER/EQUIPMENT/ /VEHICLES/
Renumber sections and amend totals/title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Rep. KOON proposed the following Amendment No. 2 (Doc Name P:\amend\bs1.9), which was adopted.
Amend the bill, as and if amended, Section 1, page 2, line 8 by inserting after /data system/ /vehicles/
Amend sections, totals and title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Those who voted in the affirmative are:
Allison Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Cain Carnell Cato Cave Clyburn Cotty Dantzler Davenport Delleney Easterday Felder Fleming Gamble Hallman Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Hines, J. Hines, M. Hodges Hutson Keegan Kelley Keyserling Kirsh Knotts Koon Lanford Law Lee Limbaugh Littlejohn Lloyd Loftis Marchbanks Martin Mason McAbee McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neilson Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Tripp Trotter Tucker Vaughn Walker Wells Wilder Wilkes Wilkins Williams Witherspoon Worley Wright Young Young-Brickell
Those who voted in the negative are:
The following Bill was taken up.
H. 4601 -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1995-96 SURPLUS GENERAL FUND REVENUES; AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-73 SO AS TO REQUIRE REAL PROPERTY TAX BILLS TO CONTAIN A STATEMENT OF THE PRECEDING TAX YEAR'S LIABILITY IN EACH CATEGORY OF TAX FOR BOTH DEBT SERVICE AND OPERATIONS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE FOR THE REIMBURSEMENT OF LOCAL TAXING ENTITIES FOR THE INCREASED COSTS OF COMPLIANCE WITH THIS REQUIREMENT BY MEANS OF A SPECIAL ONE-TIME APPROPRIATION FROM THE GENERAL FUND OF THE STATE, AND TO PROVIDE THE PROCEDURES APPLICABLE FOR THIS REIMBURSEMENT.
Rep. H. BROWN proposed the following Amendment No. 2 (Doc Name P:\amend\taw.20), which was adopted.
Amend the bill, as and if amended, Section 3, page 5, after line 12 by adding an appropriately numbered paragraph to read:
/Any surplus funds remaining in excess of the items provided for in Section 2, in an amount not to exceed twenty-six million dollars, must be provided to the State Department of Education to purchase student transport vehicles or bus parts.
Amend sections, totals and title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted by a division vote of 61 to 14.
Reps. CAVE, SCOTT and H. BROWN proposed the following Amendment No. 3 (Doc Name P:\amend\TAW.13), which was adopted.
Amend the bill, as and if amended, Section 2, page 4, line 42 by:
Striking:/ Property Tax Form Revision/
Inserting:/ Budget & Control Board - Property Tax Form Revision/
Striking: /Any increased costs must be set forth in an affidavit submitted on behalf of the governmental entity to the Comptroller General, who shall allot the two hundred fifty thousand dollars to reimburse the requesting entities./
and Inserting: Any governmental entity affected by this requirement may submit a cost estimate solely for the cost of implementing this requirement to the Budget & Control Board, Advisory Council on Intergovernmental Relations, which shall provide an analysis of statewide costs for implementation and shall report its findings to the General Assembly by January 20, 1997. Funds provided herein may be allocated by the Budget & Control Board to reimburse local entities, to provide objective cost reviews, and to develop uniform property tax reporting processes./
Amend Further on page 6, Line 6, paragraph B, by striking /1995/ and inserting /1996/.
Amend sections, totals and title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Rep. H. BROWN proposed the following Amendment No. 5 (Doc Name P:\amend\taw.7), which was adopted.
Amend the bill, as and if amended, Section 2, page 4, line 19 by:
Striking Item: Chester Marlboro Technical-
Inserting Item: Chesterfield-Marlboro Technical-
Amend sections, totals and title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Rep. H. BROWN proposed the following Amendment No. 6 (Doc Name P:\amend\taw.1), which was adopted.
Amend the bill, as and if amended, Section 2, page 5, after line 4 by adding appropriately numbered items to read:
/DHEC - Emergency Medical Services & Computer Sys.. . . . .795,830
DSS - Foster Care Matching Grant. . . . .678,800
DMH - Gateway House. . . . .79,000
Blind Comm. - Roof Repair. . . . .391,840
Adjutant General's Office - Emergency Preparedness. . . . .900,000
Amend sections, totals and title to conform.
Rep. H. BROWN explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. H. BROWN spoke in favor of the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 8 (Doc Name P:\amend\ff1.2), which was rejected.
Amend the bill, as and if amended, Section 2, page 4, lines 1 through 2 by striking in it's entirety item:
/Columbia - new sports arena - 2,500,000/
Amend sections, totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. MARCHBANKS spoke in favor of the amendment.
Rep. FELDER moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Cave Clyburn Cotty Dantzler Felder Fleming Gamble Govan Harris, J. Harris, P. Harrison Hines, J. Hines, M. Hodges Howard Inabinett Jennings Keyserling Kinon Lee Limbaugh Lloyd Martin McElveen McKay McMahand Neilson Quinn Rhoad Richardson Rogers Scott Sheheen Shissias Spearman Stille Stuart Tucker
Waldrop Whipper, S. White Wilder Wilkes
Those who voted in the negative are:
Allison Brown, T. Cain Cato Chamblee Cooper Davenport Delleney Easterday Fulmer Hallman Harrell Haskins Herdklotz Keegan Kelley Kirsh Knotts Koon Lanford Limehouse Littlejohn Loftis Marchbanks Mason McTeer Meacham Moody-Lawrence Rice Riser Robinson Sandifer Seithel Simrill Smith, D. Smith, R. Stoddard Thomas Tripp Trotter Vaughn Walker Wells Whipper, L. Wilkins Williams Witherspoon Worley Wright Young
So, the House refused to table the amendment.
Reps. BOAN and FELDER spoke against the amendment.
Rep. MARCHBANKS spoke in favor of the amendment.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Cato Cooper Davenport Delleney Easterday Haskins Herdklotz Kirsh Loftis Marchbanks Meacham Robinson Sandifer Simrill Tripp
Trotter Vaughn Whipper, L. Witherspoon Young-Brickell
Those who voted in the negative are:
Allison Anderson Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Carnell Cave Chamblee Clyburn Cotty Cromer Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Harvin Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Knotts Koon Lanford Lee Limbaugh Limehouse Littlejohn Lloyd Martin Mason McElveen McKay McMahand McTeer Moody-Lawrence Neilson Quinn Rhoad Rice Richardson Riser Rogers Scott Seithel Sharpe Sheheen Shissias Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Tucker Waldrop Walker Wells Whipper, S. White Wilder Wilkes Wilkins Williams Worley Wright Young
So, the amendment was rejected.
Amend the bill, as and if amended, Section 2, page 5, after line 4 by adding an appropriately numbered item to read:
/U.S. Youth Games $50,000/
Amend sections, totals and title to conform.
Rep. J. BROWN explained the amendment.
Rep. TROTTER moved to table the amendment, which was agreed to.
Rep. GOVAN proposed the following Amendment No. 10 (Doc Name P:\amend\bs1.1), which was tabled.
Amend the bill, as and if amended, Section 2, page 3, line 31, opposite /video tapes & curr dev/ by increasing the amount by /$100,000/ and by adding after /video tapes & curr dev/ /historical burial ground preservation/
Amend sections, totals and title to conform.
Rep. GOVAN explained the amendment.
The SPEAKER granted Rep. WILKES a leave of absence.
Rep. GOVAN continued speaking.
Rep. KOON moved to table the amendment, which was agreed to.
Reps. BAXLEY, NEILSON, J. HINES and HODGES proposed the following Amendment No. 12 (Doc Name P:\amend\PFM\8081AC.96), which was tabled.
Amend the bill, as and if amended, SECTION 2, immediately after item (38), by inserting an appropriately numbered item to read:
/( ) Probate Relief Fund1,000,000/
Amend further, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 8-21-770 of the 1976 Code, as last amended by Act 470 of 1994, is further amended by adding at the end:
"(E) Of the fees collected pursuant to subsection (B) seven dollars and fifty cents must be remitted to the State Treasurer for deposit in the Probate Relief Fund as provided for in Section 14-23-1160."
SECTION __. The 1976 Code is amended by adding:
"Section 14-23-1160. (A) There is established the probate relief fund to provide reimbursement to persons conducting business in the Probate
(B) A person seeking reimbursement under the Probate Relief Fund shall file with court administration which shall determine if the person's loss resulted from theft or fraud perpetuated within the Probate Court by a Probate Court Judge or by Probate Court personnel. If court administration determines that a claim is reimbursable under the fund, a special master must be appointed to determine the amount to be reimbursed for all similar claims. A determination made by the special master is final and may not be appealed.
(C) Claimants paid under the fund shall receive interest at the legal rate of eight and three-fourths percent per year and also shall receive reimbursement for fees or other costs that may have been incurred in seeking recovery.
(D) Claims reimbursable under the fund must be filed within three years after the person discovered the loss or by the exercise of reasonable diligence should have discovered the loss.
(E) If claims are owed and there are insufficient monies in the fund, the fund shall receive transferred funds from the State Treasurer for payment of these claims.
(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.
The SPEAKER granted Rep. DAVENPORT a leave of absence.
Rep. HALLMAN moved to table the amendment, which was agreed to.
Reps. BAXLEY, NEILSON, J. HINES and HODGES proposed the following Amendment No. 13 (Doc Name P:\amend\PFM\8086AC.96), which was tabled.
Amend the bill, as and if amended, SECTION 2, immediately after item (38), by inserting an appropriately numbered item to read:
/( ) Probate Relief Fund750,000/
Amend further, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 8-21-770 of the 1976 Code, as last amended by Act 470 of 1994, is further amended by adding at the end:
"(E) Of the fees collected pursuant to subsection (B) seven dollars and fifty cents must be remitted to the State Treasurer for deposit in the Probate Relief Fund as provided for in Section 14-23-1160."
SECTION __. The 1976 Code is amended by adding:
"Section 14-23-1160. (A) There is established the probate relief fund to provide reimbursement to persons conducting business in the Probate Court for loss of property or funds resulting from theft or fraud perpetrated by a Probate Court judge or Probate Court personnel. This fund must be established as a separate and distinct account in the Office of the State Treasurer.
(B) A person seeking reimbursement under the Probate Relief Fund shall file with court administration which shall determine if the person's loss resulted from theft or fraud perpetuated within the Probate Court by a Probate Court Judge or by Probate Court personnel. If court administration determines that a claim is reimbursable under the fund, a special master must be appointed to determine the amount to be reimbursed for all similar claims. A determination made by the special master is final and may not be appealed.
(C) Claimants paid under the fund shall receive interest at the legal rate of eight and three-fourths percent per year and also shall receive reimbursement for fees or other costs that may have been incurred in seeking recovery.
(D) Claims reimbursable under the fund must be filed within three years after the person discovered the loss or by the exercise of reasonable diligence should have discovered the loss.
(E) If claims are owed and there are insufficient monies in the fund, the fund shall receive transferred funds from the State Treasurer for payment of these claims.
Printed Page 1290, Mar. 5
| Printed Page 1310, Mar. 5
|