Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

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| Printed Page 4450, Apr. 12 | Printed Page 4480, Apr. 12 |
Printed Page 4475 . . . . . Tuesday, April 12, 1994

RULE 6.1 WAIVED

Rep. KIRSH moved to waive Rule 6.1, which was agreed to by a division vote of 47 to 44.

H. 4836--INTERRUPTED DEBATE

The following Bill was taken up.

H. 4836 -- Reps. McElveen, Neal, Shissias, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson, Wells, Boan, Hodges and Waldrop: A BILL TO ENACT THE OMNIBUS CHILD SUPPORT ENFORCEMENT ACT OF 1994 BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976; TO AMEND SECTION 20-7-955, RELATING TO SETTLEMENTS AND VOLUNTARY AGREEMENTS IN PATERNITY AND CHILD SUPPORT CASES SO

Printed Page 4476 . . . . . Tuesday, April 12, 1994
AS TO REQUIRE THE COURT TO APPROVE THESE AGREEMENTS UPON A FINDING OF FAIRNESS AND TO REQUIRE THAT A SUMMONS AND COMPLAINT BE FILED WITH THESE AGREEMENTS; TO AMEND SECTION 20-7-956, RELATING TO ADMISSIBLE EVIDENCE AT A PATERNITY HEARING, SO AS TO INCLUDE VOLUNTARY ACKNOWLEDGMENTS OF PATERNITY, FOREIGN PATERNITY DETERMINATIONS, PATERNITY INDICATED ON BIRTH CERTIFICATES AND TO CREATE CERTAIN PRESUMPTIONS AND REBUTTABLE PRESUMPTIONS WITH REGARD TO THIS EVIDENCE; TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 5, RELATING TO THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO PROVIDE UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT AND TO PROVIDE CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES; TO AMEND SECTION 15-35-910, RELATING TO DEFINITIONS IN THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT, SO AS TO REVISE A CROSS REFERENCE; TO PROVIDE FOR THE CONTINUED FORCE AND EFFECT OF LAWS AMENDED OR REPEALED BY THE UNIFORM INTERSTATE FAMILY SUPPORT ACT FOR CERTAIN PURPOSES; TO AMEND SECTION 43-5-220, AS AMENDED, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO PROVIDE THAT PAST DUE SUPPORT OWED THAT IS SUBJECT TO COLLECTION AND SETOFF BY THE DEPARTMENT OF REVENUE AND TAXATION INCLUDES HEALTH CARE EXPENSES; TO AMEND SECTION 43-5-590, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO ITS CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT THE ASSIGNMENT OF THE RIGHT TO SUPPORT INCLUDES THE RIGHT TO HEALTH CARE EXPENSES, THAT RECEIVING MEDICAID IS CONSIDERED TO BE AN ASSIGNMENT OF THE RIGHT TO SUPPORT, AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP AND DISTRIBUTE MATERIALS AND PROCEDURES TO HOSPITALS FOR USE IN OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS ON NEWBORNS; TO AMEND SECTION 44-7-320, AS AMENDED, RELATING TO GROUNDS FOR DENYING, REVOKING, OR SUSPENDING HOSPITAL LICENSES, SO AS TO PROVIDE AS AN ADDITIONAL GROUND THE FAILURE TO COMPLY WITH
Printed Page 4477 . . . . . Tuesday, April 12, 1994
PROCEDURES FOR OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS; TO AMEND THE CODE BY ADDING SECTION 44-63-75 SO AS TO REQUIRE SOCIAL SECURITY NUMBERS ON BIRTH CERTIFICATES, MARRIAGE LICENSES, AND MARRIAGE CERTIFICATES; TO AMEND SECTION 44-63-165, RELATING TO AMENDMENTS TO BIRTH CERTIFICATES AFTER AN ACKNOWLEDGMENT OF PATERNITY, SO AS TO REQUIRE THE ACKNOWLEDGMENT TO BE RELEASED TO THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF ESTABLISHING PATERNITY AND A CHILD SUPPORT ORDER AND TO FURTHER PROVIDE THAT THESE ACKNOWLEDGMENTS MUST BE PROVIDED TO THE DEPARTMENT WITHOUT CHARGE; TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES SHALL RECEIVE ALL FEDERAL MATCHING FUNDS AVAILABLE FOR THE CHILD SUPPORT PROGRAM; TO DIRECT THE DEPARTMENT TO DEVELOP, IN CONJUNCTION WITH THE DEPARTMENT OF INSURANCE, A PROCEDURE FOR ATTACHING INSURANCE SETTLEMENTS FOR COLLECTING CHILD SUPPORT ARREARAGES; TO REQUIRE THE DEPARTMENT TO COLLABORATE WITH THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO UTILIZE THE COMMISSION BENEFIT INTERCEPT PROGRAM FOR WITHHOLDING CHILD SUPPORT PAYMENTS; TO REQUIRE THE DEPARTMENT IN CONJUNCTION WITH THE DEPARTMENT OF REVENUE AND TAXATION TO REVISE THE W-4 FORM TO CONTAIN INFORMATION RELATIVE TO CHILD SUPPORT OBLIGATIONS AND TO DEVELOP RECORD RETENTION PROCEDURES FOR CERTAIN INFORMATION; AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15930AC.94).

Amend the bill, as and if amended, by deleting Section 20-7-956(A)(3) as contained in Section 3 of the bill and inserting:

/(3) Test results which show a statistical probability of paternity. These test results must be weighed along with other evidence of the putative father's paternity A statistical probability of paternity of ninety-five percent or higher creates a rebuttable presumption of the putative father's paternity./

Amend further by deleting on page 19, line 21 /Criminal Enforcement/ and inserting /Criminal Enforcement Choice of Laws/.

Printed Page 4478 . . . . . Tuesday, April 12, 1994
Amend further, Section 12(A)(1) by deleting on page 39, beginning on line 5 /identified program overpayments for child support/ and inserting /state share of Aid to Families with Dependent Children child support collections recouped/ so when amended Section 12(A)(1) reads:

/(1) receive all federal matching funds, refunds, and state share of Aid to Families with Dependent Children child support collections recouped collected and in connection with the child support program and shall use these funds to enhance child support enforcement;/

Renumber sections to conform.

Amend title to conform.

Rep. CROMER explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. CROMER having the floor.

H. 3631--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3631 -- Reps. Elliott, G. Bailey, Houck, McKay, Askins, Robinson, Davenport, Stone, Byrd, Cato, A. Young and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-147 SO AS TO PROHIBIT A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11476AC.93), which was adopted.

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

/SECTION . Section 38-71-147 of the 1976 Code, as added by

Section 1 of this act, is repealed three years from the effective date of this act./

Renumber sections to conform.

Amend title to conform.

Printed Page 4479 . . . . . Tuesday, April 12, 1994
Rep. NEILSON explained the amendment.

The amendment was then adopted.

Rep. KOON spoke against the Bill.

Rep. J. BAILEY spoke against the Bill.

Rep. ELLIOTT spoke in favor of the Bill.

Reps. HARRISON and CORNING proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\16006AC.94), which was tabled.

Amend the bill, as and if amended, by striking Section 37-71-147A, by adding a new section to 37-71- to be appropriately numbered as follows:

/A pharmacy licensed in the State may apply to serve as a participating provider under a health insurance policy or health maintenance organization, if the pharmacy meets all qualifications, criteria, and standards established by the insurance policy or health maintenance organization. A pharmacy that is not selected to be a participating provider must be notified in writing with the reason stated for not being selected./

Amend title to conform.

Rep. CORNING explained the amendment.

Rep. WALDROP moved to table the amendment, which was agreed to by a division vote of 98 to 2.

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:

Yeas 115; Nays 4

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Askins           Bailey, G.
Baker            Barber           Baxley
Beatty           Boan             Breeland
Brown, G.        Brown, H.        Brown, J.
Canty            Carnell          Cato
Chamblee         Clyborne         Cobb-Hunter
Cooper           Cromer           Davenport
Delleney         Elliott          Fair
Printed Page 4480 . . . . . Tuesday, April 12, 1994
Farr             Felder           Fulmer
Gonzales         Govan            Graham
Hallman          Harrell          Harrelson
Harris, J.       Harris, P.       Harvin
Harwell          Haskins          Hines
Hodges           Holt             Houck
Huff             Hutson           Inabinett
Jaskwhich        Jennings         Keegan
Kelley           Kennedy          Keyserling
Kinon            Kirsh            Klauber
Lanford          Law              Littlejohn
Marchbanks       Martin           Mattos
McAbee           McCraw           McElveen
McKay            McLeod           McMahand
McTeer           Meacham          Moody-Lawrence
Neal             Neilson          Phillips
Quinn            Rhoad            Richardson
Riser            Robinson         Rudnick
Scott            Sharpe           Sheheen
Simrill          Smith, D.        Smith, R.
Snow             Spearman         Stille
Stoddard         Stone            Stuart
Sturkie          Thomas           Townsend
Trotter          Tucker           Vaughn
Waites           Waldrop          Walker
Wells            White            Wilder, D.
Wilder, J.       Wilkes           Wilkins
Williams         Witherspoon      Wofford
Worley           Wright           Young, A.
Young, R.

Total--115

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