Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God our Father, You know that Your servants within these historic walls are faced with such important and far reaching decisions that there is no language we might borrow to express our need of Your guidance and wisdom. Save us from all pretense that crucifies principle, and from grasping at glittering baubles of personal gain. Forbid that we should ever be found toying with the tiny when we should be inspired by the great. May we open wide the windows of our minds to be illuminated by the pure and penetrating light of Your truths.
We pray in the Name of Him Whose Word is truth. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. SHISSIAS moved that when the House adjourns, it adjourn in memory of Hattie Mood Harrison of Columbia, which was agreed to.
The following was received and referred to the Committee on Invitations and Memorial Resolutions.
February 28, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
I am requesting that an invitation be placed on the Calendar. The date is March 29, 1995, and the event is a reception at the State Museum celebrating 100 Years of Women in Legislature. The Reception is from 6:30 - 8:00 P.M. and the entire General Assembly and their staff are invited. We have also invited the Constitutional Officers and various women's groups. All former Women Legislators have been invited and they will be honored during the day at various functions as well as being in attendance that night at the reception.
If any further information is requested, please let me know. Thank you for your attention in this matter.
Sincerely,
Rita Allison
Rep. LANFORD, from the Spartanburg Delegation, submitted a favorable report, with amendments, on:
S. 494 -- Senator Courtney: A BILL TO PROVIDE THAT EFFECTIVE UPON APPROVAL OF THIS ACT BY THE GOVERNOR, NO SOLID WASTE LANDFILL IN SPARTANBURG COUNTY MAY BE LOCATED WITHIN THREE THOUSAND FEET OF AN AQUACULTURE FARM OR FACILITY.
Ordered for consideration tomorrow.
The following was introduced:
H. 3697 -- Reps. Scott, Neal, Cotty, Byrd, Shissias, Cromer, Rogers, Harrison, Howard and J. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE THE PROGRESSIVE CHURCH OF OUR LORD JESUS CHRIST LOCATED IN LUGOFF ON ITS FORTIETH ANNIVERSARY AND HONOR THE MEMORY OF ITS ORGANIZER, SISTER MABLE SCOTT-ETHERIDGE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3698 -- Reps. D. Smith, Lanford, Wells, Littlejohn, Allison, Beatty, Davenport and Wilder: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. JERRY RICHARDSON, CHAIRMAN OF FLAGSTAR COMPANIES, INC., FOR HIS EXTRAORDINARY CONTRIBUTIONS AND LOYALTY TO THE CITY OF SPARTANBURG AND THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3699 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF C. F. "FROG" REAMES OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. HARRISON, with unanimous consent, the following was taken up for immediate consideration:
H. 3700 -- Reps. Harrison and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:30 P.M. ON TUESDAY, MARCH 14, 1995.
Be it resolved by the House of Representatives, the Senate concurring:
That the Chief Justice of the South Carolina Supreme Court, the Honorable Ernest A. Finney, Jr., is invited to address the General Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12:30 p.m. on Tuesday, March 14, 1995.
Be it further resolved that pursuant to H.3612, Chief Justice Finney was scheduled to address the General Assembly in Joint Session on the State of the Judiciary at 12:00 noon on Wednesday, March 1, 1995, but that due to unforeseen circumstances, it is not now possible to have the address at this time and the General Assembly has therefore determined to adopt the provisions of this resolution to reschedule the date of this address.
Be it further resolved that a copy of this resolution be forwarded to Chief Justice Finney.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3701 -- Rep. Simrill: A BILL TO AMEND SECTION 17-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TOWN OR CITY POLICE OFFICER'S JURISDICTION OUTSIDE THE TOWN'S OR CITY'S CORPORATE LIMITS WHEN IN PURSUIT OF AN OFFENDER, SO AS TO INCREASE THE OFFICER'S JURISDICTION FROM A THREE-MILE RADIUS OF THE TOWN'S OR CITY'S CORPORATE LIMITS TO COUNTYWIDE JURISDICTION.
Referred to Committee on Judiciary.
H. 3702 -- Reps. Wells and Allison: A BILL TO AMEND ACT 813 OF 1946, AS AMENDED, RELATING TO THE CREATION OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.
Referred to Spartanburg Delegation.
H. 3703 -- Reps. Hallman, Baxley, Quinn, Cobb-Hunter, Kirsh, Jennings, A. Young, Stuart, R. Smith, Lloyd, Herdklotz, Harrison, Littlejohn, Meacham, Sharpe, Simrill, G. Brown, Robinson, Fulmer, Stoddard, Seithel, Fair, Wright, H. Brown, Limehouse, Vaughn, Jaskwhich, Inabinett, Haskins, Wells, Beatty, Tripp, Easterday, Wofford, Walker, Law, Marchbanks, Waldrop, Riser, Stille, D. Smith, Sandifer, Cotty, Cain, Whatley, Gamble, Hutson, Koon, Lanford, Tucker, Davenport, Harwell, Limbaugh, Felder, Cooper, Mason, Chamblee, J. Harris, Wilkes, Boan, Carnell, Fleming, Spearman, Hodges, J. Young, Dantzler, Martin, Klauber, Bailey, Richardson and Witherspoon: A BILL TO AMEND SECTION 24-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL PUNISHMENT BY ELECTROCUTION, SO AS TO REQUIRE CAPITAL PUNISHMENT BY ELECTROCUTION OR LETHAL INJECTION.
Referred to Committee on Judiciary.
H. 3704 -- Reps. Knotts, Whatley, Limehouse, Askins, Delleney, H. Brown, G. Brown, Fleming, Easterday, Cotty, Haskins, Hallman, Cromer, Cobb-Hunter, Herdklotz, Rogers, Neilson, Inabinett, Allison, Wright, Thomas, Moody-Lawrence, Howard, Tripp, Harrison, Stille, Martin, Huff, Stoddard, Koon, Wilkins, Keyserling, Riser, Wells, Gamble, McCraw, Kirsh, Dantzler, Sandifer, Wilkes, Seithel, Shissias, Jennings, Boan, Sheheen, D. Smith, Littlejohn, McTeer, Harvin, Vaughn, Cato, Spearman, Kinon, Hutson, Mason, Baxley, Quinn, Lloyd, Davenport, J. Harris, T. Brown, Lanford, Harwell, Harrell, Cain, Wilder, Byrd and Beatty: A BILL TO AMEND SECTIONS 47-3-610, 47-3-620, AND 47-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING THE TEASING, MALTREATING, AND INJURING OF POLICE DOGS AND PENALTIES ASSOCIATED WITH THESE ACTIVITIES, SO AS TO EXTEND THESE PROHIBITIONS TO POLICE HORSES AND TO INCREASE THE PENALTIES.
Rep. WRIGHT asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. CROMER objected.
Referred to the Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3705 -- Reps. Fair, Hutson, Riser and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-240 SO AS TO REQUIRE A PERSON, UPON WHOM AN INVASIVE, EXPOSURE-PRONE PROCEDURE IS PERFORMED, TO KNOW HIS HUMAN IMMUNODEFICIENCY VIRUS STATUS AND REQUIRE DISCLOSURE TO THE HEALTH CARE PROFESSIONALS WHO ARE RENDERING CARE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3706 -- Reps. Cain, Sandifer, Stoddard, Easterday, Jaskwhich, Hallman, Fair, Herdklotz, Tripp, Lloyd, Neal, D. Smith, Hutson, Mason, Limehouse, Elliott, Fulmer, Lanford, A. Young, Byrd, Cooper, Cato and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-335 SO AS TO PROVIDE THAT IF ANY PRODUCT OR SERVICE IS ADVERTISED AS BEING AVAILABLE FOR A PARTICULAR PRICE AND HAS STIPULATIONS ATTACHED AS A CONDITION OF THAT PRICE, THE ADVERTISEMENT MUST STATE THAT THE PRICE IS SUBJECT TO CONDITIONS OR STIPULATIONS, AND TO PROVIDE THAT FAILURE TO MAKE THIS DISCLOSURE IS CONSIDERED AN UNFAIR TRADE PRACTICE.
Referred to Committee on Labor, Commerce and Industry.
H. 3707 -- Reps. Fair, Herdklotz, Littlejohn, Clyburn, Lloyd, Mason, Waldrop, J. Young, Chamblee, Kelley, Jaskwhich, Vaughn, Koon, Richardson, Cato, Davenport, Delleney and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA PROTECTION OF FAMILY PRIVACY IN EDUCATION ACT" WHICH INCLUDES PROVISIONS THAT ALLOW PARENTS OR GUARDIANS TO INSPECT SCHOOL INSTRUCTIONAL MATERIALS AND EXEMPT THEIR CHILDREN FROM USING OBJECTIONABLE MATERIALS, THAT PROHIBIT STUDENTS FROM BEING REQUIRED TO SUBMIT TO CERTAIN PSYCHOLOGICAL OR BEHAVIORAL EXAMINATIONS OR TREATMENT WITHOUT THEIR CONSENT, THAT PROHIBIT THE USE OF SPECIFIED SURVEYS OR QUESTIONNAIRES, AND THAT PREVENT DISCLOSURE OR DISSEMINATION OF CERTAIN STUDENT RECORDS AND INFORMATION.
Referred to Committee on Education and Public Works.
H. 3708 -- Reps. Clyburn, Cobb-Hunter, Rogers, J. Brown, Hines, Felder, Baxley, Govan, Byrd, Jennings, Beatty, Huff, Martin and Delleney: A BILL TO AMEND SECTION 42-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERIODS IN WHICH MEDICAL SUPPLIES AND TREATMENT MUST BE FURNISHED UNDER WORKERS' COMPENSATION LAWS, SO AS TO FURTHER PROVIDE FOR THE PERIODS WHEN THIS TREATMENT MUST BE FURNISHED AND THE CONDITIONS OF AND PROCEDURES FOR FURNISHING TREATMENT, TO DELETE THE BAN TO COMPENSATION WHEN AN EMPLOYEE REFUSES TREATMENT, AND TO DEFINE CERTAIN TREATMENT TERMS TO INCLUDE CHIROPRACTIC CARE; AND TO AMEND SECTION 42-15-70, RELATING TO AN EMPLOYER'S LIABILITY FOR TREATMENT AND THE EFFECT OF MALPRACTICE, SO AS TO FURTHER PROVIDE FOR CONDITIONS UNDER WHICH AN EMPLOYER IS LIABLE FOR CHARGES AND TO REQUIRE APPROVAL OF TREATMENT OF A HEALTH CARE PROVIDER SELECTED BY AN EMPLOYEE BEFORE AN EMPLOYER IS LIABLE FOR THE CHARGES.
Referred to Committee on Labor, Commerce and Industry.
H. 3709 -- Reps. Clyburn, Cobb-Hunter, Govan, Rogers, Hines, Beatty, Baxley, Huff, Byrd, Jennings, Delleney, Martin, Felder and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-15-67 SO AS TO PROVIDE THAT AN EMPLOYEE WHO FOR REASONS OF INJURY OR MEDICALLY DETERMINED RESTRICTIONS IS UNABLE TO RETURN TO THE JOB OR JOBS HELD AT THE TIME OF THE INJURY IS ENTITLED TO VOCATIONAL REHABILITATION SERVICES AS MAY BE REASONABLY NECESSARY TO RESTORE HIM TO SUITABLE EMPLOYMENT, AND PROVIDE FOR RELATED MATTERS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3710 -- Reps. Keyserling, Richardson, Seithel, L. Whipper, Whatley and Jaskwhich: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED MANUFACTURING MACHINERY TO MACHINERY USED FOR RECYCLING AND TO DEFINE "RECYCLING".
Referred to Committee on Ways and Means.
H. 3711 -- Reps. Baxley, G. Brown, Elliott, Wright, Worley, Jennings and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-105 SO AS TO AUTHORIZE, UPON CERTIFICATION AND SUPERVISION, DENTAL HYGIENISTS AND EXPANDED DUTY DENTAL ASSISTANTS TO MONITOR NITROUS OXIDE ANESTHESIA.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3712 -- Reps. Baxley, G. Brown, Elliott, Wright, Worley, Jennings and Sandifer: A BILL TO AMEND SECTION 40-15-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS UNDER WHICH A PERSON IS CONSIDERED TO BE PRACTICING DENTAL HYGIENE, SO AS TO PROVIDE THAT UPON CERTIFICATION AND UNDER THE SUPERVISION OF A DENTIST A DENTAL HYGIENIST MAY ADMINISTER INFILTRATION ANESTHESIA.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3713 -- Reps. Fleming, Hines, Neilson, Rice, Inabinett, Bailey, Neal, Richardson, Haskins, R. Smith, Felder, Meacham, Wofford, Rhoad, McElveen, Vaughn, Lloyd, Keyserling, Boan, A. Young, Chamblee and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3255 SO AS TO REQUIRE A DRIVER OF A MOTOR VEHICLE TRAVELING THROUGH A PARKING LOT TO YIELD THE RIGHT-OF-WAY TO PEDESTRIANS AND TO PROVIDE PENALTIES.
Rep. FLEMING asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. RICE objected.
Referred to the Committee on Judiciary.
H. 3714 -- Reps. Rhoad, Bailey, Hutson, Limehouse, Riser and Witherspoon: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT AUTHORIZED TO BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO AUTHORIZE THE USE OF LIVE NONGAME FISH ON THE EDISTO RIVER ON CERTAIN SET HOOKS.
On motion of Rep. RHOAD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3716 -- Reps. Fulmer, Inabinett, Bailey, Hallman, Cain, Littlejohn, Richardson, Seithel, Fleming, A. Young, Herdklotz, Harwell, Neal, Limehouse, Keyserling, Cato, Whatley and Chamblee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-25-55 SO AS TO PROVIDE THAT A TEMPORARY HELP SERVICE DOES NOT VIOLATE PROVISIONS OF LAW REGULATING PRIVATE PERSONNEL PLACEMENT SERVICES BY INDICATING TO AN INDIVIDUAL ENGAGED TO PERFORM A TEMPORARY SERVICE THAT THE JOB OR POSITION TO WHICH THE INDIVIDUAL WILL BE ASSIGNED HAS THE POSSIBILITY OF BECOMING A PERMANENT JOB OR POSITION.
Referred to Committee on Labor, Commerce and Industry.
H. 3718 -- Reps. Cobb-Hunter, Hallman, Rogers, Thomas, Moody-Lawrence, Canty, Shissias, Byrd, L. Whipper, White, Neilson, Wells, Allison, Harrison, Stuart, Wofford and J. Harris: A BILL TO AMEND SECTION 16-25-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SENTENCING A PERSON CONVICTED OF DOMESTIC VIOLENCE, SO AS TO REQUIRE A PERSON WHO IS ORDERED TO ATTEND A TREATMENT PROGRAM FOR BATTERING SPOUSES TO COMPLETE THE PROGRAM RATHER THAN TO PARTICIPATE IN THE PROGRAM.
Referred to Committee on Judiciary.
S. 44 -- Senators Courson, Wilson and Gregory: A BILL TO AMEND SECTION 17-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CITIZEN ARREST, BY DELETING LANGUAGE RELATING TO EVIL INTENT SO AS TO PROVIDE THAT A CITIZEN'S ARREST MAY BE MADE WHEN A PERSON ENTERS A DWELLING HOUSE ILLEGALLY WITHOUT EXPRESS OR IMPLIED PERMISSION.
Referred to Committee on Judiciary.
S. 285 -- Senators Passailaigue, Rose and McConnell: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
Referred to Committee on Ways and Means.
S. 357 -- Senator McGill: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ON ELECTRICITY USED BY MANUFACTURERS, MINERS, OR QUARRIERS TO MANUFACTURE, MINE, OR QUARRY TANGIBLE PERSONAL PROPERTY FOR SALE TO INCLUDE ELECTRICITY USED BY COTTON GIN OPERATORS.
Referred to Committee on Ways and Means.
S. 561 -- Finance Committee: A BILL TO AMEND SECTION 57-11-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HIGHWAY FUND, SO AS TO REQUIRE INTEREST EARNED FROM THE FUND TO BE DEPOSITED IN THE FUND.
Referred to Committee on Ways and Means.
The following was introduced:
H. 3715 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO ADOPT THE JOINT RULES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES FOR THE 1995 AND 1996 SESSIONS OF THE GENERAL ASSEMBLY.
The Concurrent Resolution was ordered referred to the Committee on Rules.
The following was introduced:
H. 3717 -- Reps. Carnell, Klauber, McAbee, Stille and Tucker: A CONCURRENT RESOLUTION TO WELCOME AMY HETTICH OF LARAMIE, WYOMING, THE 1995 MISS RODEO USA, TO SOUTH CAROLINA IN CONJUNCTION WITH HER APPEARANCE AT AN UPSTATE RODEO IN MAY AND TO EXTEND TO HER THE PRIVILEGE OF THE HOUSE FLOOR ON THURSDAY, MAY 25, 1995.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Bailey Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harwell Haskins Herdklotz Hines Hodges Howard Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, March 1.
Harry R. Askins C. Alex Harvin, III Richard M. Quinn, Jr.
LEAVES OF ABSENCE
The SPEAKER granted Rep. ASKINS a temporary leave of absence to attend a parole hearing.
The SPEAKER granted Rep. McKAY a leave of absence due to an accident.
Rep. McTEER signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 28.
Announcement was made that Dr. Tom Whittaker of Myrtle Beach is the Doctor of the Day for the General Assembly.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 535 -- Senator Moore: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURT, SO AS TO REVISE THE AREAS FOR AIKEN COUNTY.
The following Bill was taken up.
H. 3185 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-35-13 SO AS TO PROVIDE THAT NO VULNERABLE ADULT MAY BE CONSIDERED ABUSED OR NEGLECTED FOR THE SOLE REASON THAT THE VULNERABLE ADULT IS BEING FURNISHED NONMEDICAL REMEDIAL TREATMENT BY SPIRITUAL MEANS.
Rep. CANTY explained the Bill.
Reps. FLEMING, FAIR, HERDKLOTZ, DAVENPORT, MASON, MARCHBANKS, R. SMITH and LIMBAUGH objected to the Bill.
The following Bill was taken up.
H. 3124 -- Reps. Cromer, Keyserling, Meacham, Stille, Richardson, Stuart and Cotty: A BILL TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO PROVIDE THAT THREE DOLLARS, RATHER THAN ONE DOLLAR, OF THE YEARLY PREMIUM FOR UNINSURED MOTORIST COVERAGE MUST BE TRANSFERRED TO THE DEPARTMENT OF INSURANCE, RATHER THAN THE DEPARTMENT OF PUBLIC SAFETY, TO PROVIDE FUNDS FOR THE COSTS OF ADMINISTERING THE PROVISIONS OF SECTION 38-73-738, RATHER THAN ARTICLE 3, CHAPTER 10, TITLE 56; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-738 SO AS TO PROVIDE FOR A SYSTEM WHEREBY THE DEPARTMENT OF INSURANCE ISSUES TO EACH FIRST TIME DRIVER'S LICENSE APPLICANT WHO IS AT LEAST FIFTEEN YEARS OLD BUT LESS THAN SEVENTEEN YEARS OLD A DRIVER TRAINING VOUCHER, AND PROVIDE FOR RELATED MATTERS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-75 SO AS TO PROVIDE THAT A DRIVER'S LICENSE CANNOT BE ISSUED TO ANY PERSON WHO IS AT LEAST FIFTEEN YEARS OLD BUT UNDER SEVENTEEN YEARS OLD UNTIL THE PERSON HAS PROVIDED EVIDENCE OF SATISFACTORY COMPLETION OF AN APPROVED DRIVER TRAINING COURSE AS PROVIDED IN SECTION 38-73-738, AND PROVIDE FOR RELATED MATTERS.
Rep. COOPER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PT\1749JM.95).
Amend the report, as and if amended, by striking Section 56-1-75, as contained in SECTION 1, beginning at Line 28 on Page 3124-1 and ending at Line 42 on Page 3124-2, and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 56-1-75. (A) The department shall not issue a driver's license to any person who is at least fifteen years of age but less than seventeen years of age until the applicant has provided the department satisfactory evidence of successful completion of an approved driver training course as provided in this section.
(B) This requirement does not apply to a beginner's permit as provided in Section 56-1-50; however, it must be complied with before the issuance of a special restricted license as provided for in Section 56-1-180.
(C) An `approved driver training course' for purposes of this section is a driver training course which has been approved by the South Carolina Department of Education or the South Carolina Department of Public Safety and conducted by:
(1) a recognized secondary school, college, or university;
(2) instructors certified by the South Carolina Department of Education or the South Carolina Department of Public Safety; or
(3) any other school approved and supervised by the South Carolina Department of Education or the South Carolina Department of Public Safety.
(D) The requirements of the course must include the following minimum criteria:
(1) eight hours of classroom instruction for driver training school approved courses;
(2) six hours of actual on-street practice driving;
(3) instruction on the effects drugs and alcohol have on the operation of motor vehicles and the consequences of drug or alcohol impaired driving; and
(4) a relevant test on the course material.
(E) For purposes of this section `satisfactory evidence' is a certificate, on a form prescribed by the Department of Revenue and Taxation, signed by an official of the school, the South Carolina Department of Education or the South Carolina Department of Public Safety, which certifies that:
(1) the person achieved a passing grade on a relevant test on the course material;
(2) the course was approved by and the instructors were certified by the South Carolina Department of Education or the South Carolina Department of Public Safety; and
(3) for schools other than recognized secondary schools, colleges, or universities, the school was approved and supervised by the South Carolina Department of Education or the South Carolina Department of Public Safety.
(F) Successful completion of an approved driver training course as provided in this section entitles the person to the driver training credit provided in Regulation 69-13.2(I) for youthful operators.
(G) The department, upon satisfactory proof that a minor who is at least fifteen years of age but less than seventeen years of age has become a resident of South Carolina and has a valid driver's license from his prior state of residence but has not completed an approved driver training course, may grant the minor a temporary driver's license under such terms considered necessary by the department to allow the minor to operate a motor vehicle of a specified type or class in this State in order to obtain the driver training course necessary for a driver's license in South Carolina."/
Amend title to conform.
Rep. COOPER explained the amendment.
Rep. RICHARDSON spoke against the amendment.
Rep. CROMER moved to commit the Bill to the Committee on Labor Commerce and Industry, which was agreed to.
The following Bill was taken up.
H. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper, White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and Limehouse: A BILL TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS OF PARENTS, SO AS TO PROVIDE THAT BOTH CUSTODIAL AND NONCUSTODIAL PARENTS HAVE THE RIGHT TO PARTICIPATE IN THEIR CHILDREN'S SCHOOL ACTIVITIES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9932AC.95), which was adopted.
Amend the bill, as and if amended, by striking all of the enacting words and inserting:
/SECTION 1. Section 20-7-100 of the 1976 Code, as last amended by Act 512 of 1994, is further amended to read:
"Section 20-7-100. The mother and father are the joint natural guardians of their minor children and are equally charged with the welfare and education of their minor children and the care and management of the estates of their minor children; and the mother and father have equal power, rights, and duties, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of the minor or any other matter affecting the minor. Each parent, whether the custodial or noncustodial parent of the child, has equal access and the same right to obtain all educational records and medical records of their minor children and to participate in their children's school activities except in cases of supervised visitation or in cases where visitation has been denied. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to custody of the child."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. JASKWHICH explained the amendment.
The amendment was then adopted.
Reps. R. SMITH, HUFF, KIRSH, CARNELL, FLEMING, MOODY-LAWRENCE, S. WHIPPER and MASON objected to the Bill.
The following Bill was taken up.
H. 3305 -- Reps. Kennedy, Whatley, Askins, Delleney, McCraw, S. Whipper and Phillips: A BILL TO AMEND SECTION 57-5-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLATION OF RIGHT-OF-WAY ENTRANCES AND APRONS, SO AS TO REQUIRE INSTALLATION FOR EXISTING BUSINESS FACILITIES AND TO LIMIT THE LENGTH OF AN ENTRANCE.
The Committee on Education and Public Works proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9930CM.95).
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/SECTION 1. Section 57-5-1140 of the 1976 Code, as added by Section 48A, Part II, Act 501 of 1992, is amended to read:
"Section 57-5-1140. (A) The department shall construct at its expense with its maintenance forces the portion within the right-of-way of entrances and aprons to state highways at any point necessary to render adequate ingress and egress to the abutting property at locations where the driveways will not constitute hazardous conditions.
(B) The driveways must be of access to existing developed property or property that is being developed for the personal use of the owner and not for speculative or resale purposes. An entrance ten feet wide (paved portion) measured at right angles to the centerline of the driveway is the maximum width for one-way traffic. An entrance sixteen feet wide (paved portion) is the maximum width for two-way traffic. If pipe culvert is necessary for drainage, the department shall install the amount necessary for twelve inch, fifteen inch, eighteen inch, twenty-four inch, or thirty inch pipe. Should the driveway installation require pipe larger than thirty inches, the department may install the pipe and charge the homeowner for the difference in cost between thirty inch pipe and larger diameter pipe required.
(C) The driveways must be of access to existing developed property or property that is being developed for the business use of the owners. An entrance twenty feet wide (paved portion) measured at right angles to the centerline of the driveway is the maximum width for one-way traffic. An entrance fifty feet wide (paved portion) is the maximum width for two-way traffic. If a pipe culvert is necessary for drainage, the department may install the pipe at the business owner's expense.
(D) Driveways requiring drainage structures other than pipe must be brought to the attention of the State Maintenance Engineer. The entrances to be constructed as outlined in this section shall include base and surfacing as necessary to provide an all weather driveway entrance. If wider entrances or additional entrances are requested and approved, the construction may be performed by the department at the owner's expense."/
Amend title to conform.
Rep. KENNEDY explained the amendment.
Reps. MARCHBANKS, HERDKLOTZ, LIMEHOUSE, ROBINSON, FLEMING, SANDIFER, SEITHEL, KEEGAN and FULMER objected to the Bill.
The following Bill was taken up.
H. 3534 -- Reps. Wilkins, Tripp, Knotts, Whatley, Harrell, Wofford, A. Young, Hutson, Sandifer, Walker, Littlejohn, Herdklotz, Jaskwhich, Meacham, Fleming, Cain, Kelley, Simrill, Law, Mason, Jennings, Kennedy, Cato, Rice, Klauber, Stuart, Gamble, J. Young, Cotty, Shissias, Haskins, Harrison, Riser, Huff, Robinson, Marchbanks, H. Brown, Witherspoon, Baxley, Lanford, Waldrop and Easterday: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 10 ENACTING THE ENTERPRISE ZONE ACT OF 1995 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF ENTERPRISE ZONES IN WHICH VARIOUS TAX INCENTIVES MAY APPLY FOR BUSINESSES, TO PROVIDE THE CRITERIA FOR AREAS TO QUALIFY AS ENTERPRISE ZONES, TO PROVIDE THAT BUSINESSES QUALIFY FOR ENTERPRISE ZONE INCENTIVES BY MEANS OF ENTERING INTO A REVITALIZATION AGREEMENT WITH THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, TO PROVIDE INCENTIVES, DEPENDING ON ELIGIBILITY, THAT INCLUDE THE MAXIMUM CREDIT ALLOWED UNDER THE TARGETED JOBS TAX CREDIT AND AN ADDITIONAL CREDIT FOR EMPLOYEES FORMERLY RECEIVING AFDC, FEE IN LIEU OF TAXES FOR PROPERTY TAXES, RETAINING AN AMOUNT OF EMPLOYEE WAGES NOT TO EXCEED FIVE PERCENT FOR FIFTEEN YEARS FOR DEVELOPMENT EXPENSES AND ALLOWING INDIVIDUAL INCOME TAX CREDITS FOR EMPLOYEES AND WITHHOLDING TAX CREDITS FOR EMPLOYERS AND EMPLOYEES EQUAL TO THE RETAINED AMOUNT, AND TO PROVIDE THE CRITERIA FOR SELECTING OF QUALIFYING BUSINESSES AND PROJECTS.
Rep. McELVEEN spoke upon the Bill.
The question then recurred to the passage of the Bill on third reading.
Rep. R. SMITH demanded the yeas and nays, which were not ordered.
The Bill was read the third time and ordered sent to the Senate by a division vote of 95 to 0.
I have voted for H. 3534, the Governor's Enterprise Zone Bill, which was first placed on the desks of members yesterday, because I want to cooperate in economic development efforts, and I have considerable confidence in the Commerce Secretary, Mr. Royall. I have concerns, however.
On third reading, I asked for an explanation of several points; but no sponsor of the Bill would respond. (I did not ask these questions on second reading, as I was trying to read the Bill during debate.) I hope these questions will be explored in the Senate:
1) Is the charge of a fee of up to $2000 of a potential business a good policy move? Can counties use similar devices to defray development costs?
2) Is the percentage deduction from an employee's income not a new tax? What does the employee get for the money he pays? (Most companies would give something to the employee, i.e. stock.) Should an employee be required by law to pay for training, site development, property acquisition and the other authorized purposes for which the employee deductions may be used?
3) Has this plan been used in any other state; and, if so, was it successful? I recall reading that Alabama used the enterprise zones and employee deductions in recruiting Mercedes; what has been the result of their experience?
4) Why is there such an objection to local involvement? (I unsuccessfully proposed two amendments to permit this yesterday.) Will existing businesses in enterprise zones be allowed to benefit from this law? Can a county utilize this law without Coordinating Advisory Council permission?
Now that the rush is over to get this Bill passed through the House, I hope there will be time to answer these questions. The concerns of businesses have been well discussed, but I have heard little talk about the employees - except that they will get jobs. But if they are investing in the company from their wages, shouldn't there be some profits for them? The businesses are investing capital of their own and local and state revenues, and they plan to make a profit (as well they should). I am not sure South Carolina workers should be satisfied merely to get a job. I will be surprised if many strong companies will actually utilize the employee deduction accounts without providing some specific benefit for their employees.
Rep. JOSEPH T. McELVEEN, JR.
The SPEAKER granted Reps. HALLMAN, FULMER and SEITHEL a temporary leave of absence to attend the funeral of Senator Glenn McConnell's father.
The SPEAKER granted Rep. TUCKER a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 3613 -- Reps. Wilkins, Huff, Delleney, Knotts, Townsend, Limehouse, Keegan, Witherspoon, Fleming, Marchbanks, Tripp, Felder, Lanford, Herdklotz, Easterday, A. Young, Hallman, Law, Limbaugh, Cotty, Thomas, Harrell, Sandifer, Sharpe, Fair, Haskins, Richardson, Fulmer, J. Young, Chamblee, Riser, Cain, Jaskwhich, Beatty, R. Smith, Simrill, Walker, Robinson, Rice, Dantzler, Stille, Stuart, Wofford, Wells, Trotter, Mason, Clyburn, Harrison, Klauber, Cato, Vaughn, Martin, Davenport and Kirsh: A BILL TO ENACT THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995 SO AS TO ESTABLISH THE WELFARE POLICY OF THE STATE; TO, AMONG OTHER THINGS, REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO EXPAND ITS EMPLOYMENT ASSISTANCE SERVICES AND TO EXPAND ITS WORK SUPPORT PROGRAM STATEWIDE; TO REQUIRE AFDC RECIPIENTS TO ENTER AGREEMENTS IN ORDER TO RECEIVE AFDC AND TO PROVIDE SANCTIONS FOR NONCOMPLIANCE; TO REQUIRE THE EMPLOYMENT SECURITY COMMISSION TO PROVIDE THE DEPARTMENT ON-LINE ACCESS TO JOB VACANCY DATA; TO AUTHORIZE PAYMENT OF PORTIONS OF A RECIPIENT'S AFDC TO EMPLOYERS TO SUPPLEMENT WAGES PAID TO THE RECIPIENT; TO DIRECT THE GENERAL ASSEMBLY TO PROVIDE A TAX CREDIT TO EMPLOYERS WHO HIRE AFDC RECIPIENTS; TO REQUIRE STATE AGENCIES TO TARGET AFDC RECIPIENTS FOR EMPLOYMENT; TO ENHANCE SERVICES TO TEEN PARENTS; TO REQUIRE NONCUSTODIAL PARENTS OF CHILDREN RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAM; TO DIRECT SPENDING FIFTY PERCENT OF JOB TRAINING AND PARTNERSHIP ACT FUNDS ON AFDC RECIPIENTS; TO REQUIRE COUNTY DEPARTMENT OF SOCIAL SERVICES OFFICES TO ESTABLISH EDUCATION AND TRAINING GOALS; TO REQUIRE AFDC RECIPIENTS TO PARTICIPATE IN FAMILY SKILLS TRAINING; TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER A NONCUSTODIAL PARENT OF A CHILD RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAMS; TO LIMIT AFDC ASSISTANCE TO TWENTY-FOUR OUT OF ONE HUNDRED TWENTY MONTHS AND SIXTY MONTHS IN A LIFETIME AND TO PROVIDE EXCEPTIONS; TO REVISE REQUIREMENTS FOR MANDATORY PARTICIPATION IN A WORK PROGRAM; TO REVISE INCOME AND ASSET LIMITS FOR AFDC ELIGIBILITY; TO PROHIBIT INCREASING AFDC BENEFITS WHEN A CHILD IS BORN INTO AN AFDC FAMILY; TO REQUIRE AFDC RECIPIENTS TO ENTER A DRUG OR ALCOHOL PROGRAM UNDER CERTAIN CONDITIONS; TO REQUIRE AFDC RECIPIENTS WHO ARE MINORS TO MAINTAIN SATISFACTORY SCHOOL ATTENDANCE AND TO LIVE IN THE HOMES OF THEIR PARENTS AND TO PROVIDE EXCEPTIONS; TO REVISE CERTAIN ABSENT PARENT AFDC ELIGIBILITY REQUIREMENTS; TO EMPHASIZE PROVIDING SERVICES TO THE FAMILY AS A WHOLE; TO REQUIRE AFDC RECIPIENTS TO PROVIDE ADDITIONAL INFORMATION ON FATHERS AS A CONDITION OF ELIGIBILITY; TO REVISE THE AMOUNT OF CHILD SUPPORT GIVEN TO AN AFDC RECIPIENT THAT IS COLLECTED BY THE DEPARTMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 20-7-936 SO AS TO REQUIRE THE PARENT OF A CHILD TO SUPPORT A GRANDCHILD IF THE PARENT OF THE GRANDCHILD IS UNDER EIGHTEEN YEARS OF AGE; TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 3 BY ADDING PART II SO AS TO AUTHORIZE AND PROVIDE PROCEDURES FOR THE ENFORCEMENT OF CHILD SUPPORT THROUGH THE REVOCATION OF BUSINESS, OCCUPATIONAL, AND PROFESSIONAL LICENSES, DRIVERS' LICENSES, COMMERCIAL AND RECREATIONAL HUNTING, FISHING, AND TRAPPING LICENSES AND WATERCRAFT REGISTRATIONS; TO AMEND TITLE 20, CHAPTER 7 BY ADDING ARTICLE 32 SO AS TO ESTABLISH AND PROVIDE PROCEDURES FOR THE ESTABLISHMENT AND ENFORCEMENT OF PATERNITY AND CHILD SUPPORT THROUGH AN ADMINISTRATIVE PROCESS; TO AMEND SECTION 43-5-65, RELATING TO ELIGIBILITY FOR AFDC, SO AS TO REVISE CERTAIN REQUIREMENTS AND TO EXTEND CERTAIN REQUIREMENTS TO ELIGIBILITY FOR MEDICAID; TO AMEND SECTION 43-5-590, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT CONCERNING THE CHILD SUPPORT PLAN, SO AS TO INCLUDE IN RIGHTS ASSIGNED TO THE STATE THE ASSIGNMENT OF THE RIGHT TO COLLECT HEALTH CARE EXPENSES AND MEDICAID REIMBURSEMENT; TO AMEND SECTION 44-7-77, RELATING TO ESTABLISHMENT OF THE IN-HOSPITAL PATERNITY ACKNOWLEDGMENT PROGRAM, SO AS TO FURTHER PROVIDE FOR PROCEDURES TO OBTAIN ACKNOWLEDGMENTS AND TO REQUIRE CERTAIN INFORMATION TO BE SUBMITTED; TO AMEND SECTION 44-63-165, RELATING TO AMENDING BIRTH CERTIFICATES ON ACKNOWLEDGMENT OF PATERNITY, SO AS TO AUTHORIZE THE DEPARTMENT TO RECEIVE A PATERNITY ACKNOWLEDGMENT AT NO CHARGE UPON REQUEST FOR ESTABLISHING CHILD SUPPORT OBLIGATIONS; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR WAIVERS FROM THE FEDERAL GOVERNMENT TO IMPLEMENT CERTAIN PROVISIONS OF THIS ACT; AND TO DESIGNATE SECTIONS 20-70-840 THROUGH 20-7-938 AS PART I, SUBARTICLE 3, ARTICLE 9, CHAPTER 7, TITLE 20 AND NAMED "CHILD SUPPORT PROCEEDINGS AND ENFORCEMENT".
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\17309AC.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. This act may be cited as the South Carolina Family Independence Act of 1995.
SECTION 2. It is the policy of this State that personal responsibility and parental responsibility must be met if citizens are to attain independence. It is through the family that children best learn discipline, respect, compassion, and enterprise. The current welfare system too often encourages illegitimacy, discourages work, and leads to hopelessness, despair, and the breakdown of families. It must be replaced with a system that provides opportunities for parents to achieve self-sufficiency and penalties for those who refuse to act on that opportunity.
SECTION 1. As used in this act:
(1) `Aid to Families with Dependent Children' or `AFDC' means cash payments or stipends paid to individuals who meet established eligibility criteria.
(2) `Department' means the South Carolina State Department of Social Services.
(3) `Welfare' means cash assistance payments through the Aid to Families with Dependent Children program which must be provided as a stipend to assist families to become employed.
SECTION 1. It is the mandate of the General Assembly that the welfare system in South Carolina be restructured to assist families in poverty to become socially and economically independent. It is the purpose and goal of this legislation to establish the reform of the welfare system as a critical priority for the state and all of its agencies. Cooperation and innovation within and among all state agencies is necessary for the achievement of this goal. The office of the governor shall designate the lead agency for purposes of coordination and the avoidance, where practical, of duplication of services. The State Department of Social Services is mandated to fundamentally change its economic services operation to emphasize employment and training with a minor welfare component. To that end, the department shall expand its employment and training program statewide and shall, to the extent possible, coordinate with the existing resources of other state agencies when they are available and it is cost efficient to do so. The agency shall assist welfare recipients to maximize their strengths and abilities to become gainfully employed. Welfare assistance must be provided as a stipend to a family unit as long as there is satisfactory participation in required employment and training activities.
SECTION 2. (A) To emphasize the reciprocal responsibility that exists between welfare recipients and the taxpayers who pay for welfare, an agreement must be signed by each adult AFDC recipient. If a minor mother is living in the home of her parents or guardian, the minor mother and her parent or guardian must sign the agreement. The agreement shall describe the actions the recipient must take to become employed and the time frames for completing these actions. The agreement also shall describe the services the department shall provide or coordinate to assist the recipient in becoming employed. The department shall place a major emphasis on job development and on maximizing employment opportunities within the State. Assistance must be provided by the department's job development specialists who shall work with the private business and industrial community to match welfare recipients with available jobs. Assistance also shall include job clubs, job coaches, financial planners, and personal, social, and work adjustment training specialists.
(B) An applicant who appears to be eligible for welfare assistance and who would be required to participate or who volunteers to participate in the department's employment and training program must be referred to an employment and training unit. An applicant referred must conduct an initial job search and shall provide evidence of this search by listing the employer contacted, the date of the visit with the employer, and the name of the person with whom the applicant spoke. An applicant who does not provide this information must not be approved for assistance until the information is provided. An employment assessment must be conducted on an applicant who is unsuccessful in securing employment to determine if the applicant is job ready. An applicant who has been employed twelve out of the previous twenty-four months or who has graduated from high school or has obtained a GED must be considered job ready and must be enrolled in a job club. Following participation in a job club, the applicant must conduct a job search for an additional period. An applicant who is not job ready or a job ready participant who is unsuccessful in the job search must be evaluated for barriers to employment. An individual agreement containing training and employment requirements must be developed for the participant. For purposes of this subsection "job club" means a group or individual job readiness training sessions where participants learn job finding and job retention skills.
(C) All services provided shall complement and maximize existing resources within state agencies and within the private business community. Services to be provided or coordinated by the department include, but are not limited to, assistance with child care and transportation, enrollment in literacy classes, adult education classes, General Equivalency Diploma classes, enrollment in technical schools, vocational training, work experience, and on-the-job training. Additionally, recipients shall participate in activities designed to assist them in job interviews and successful employment. The department shall provide information to applicants and recipients regarding the advantages of participation in the employment and training programs. The department also shall market its training and employment program to education and training program providers and to employers.
SECTION 3. The Employment Security Commission shall provide the department on-line access to all updatable computerized job vacancy data and all other employment listings. To the extent possible, all other state agencies shall provide the department with access to appropriate economic and demographic data concerning AFDC applicants and recipients.
SECTION 4. The department may provide, as appropriate, relocation assistance to families who live in communities where few job opportunities exist. Assistance may be provided to assist recipients in accessing jobs which maximize their skills and abilities.
SECTION 5. To maximize employment opportunities for welfare recipients and to provide for additional job training and placement efforts, instead of making cash assistance payments to AFDC recipients, these payments or some portion of these payments may be paid as a wage subsidy or given as a tax credit to employers offering new jobs as a result of a new business or an expansion of an existing business, subject to the guidelines of the department.
SECTION 6. The General Assembly shall provide by law for a tax credit for employers who hire welfare recipients who have received AFDC benefits for more than twenty-four months and who, in addition, wherever possible, provide health and medical insurance benefits to the former AFDC recipient employees. The Department of Revenue and Taxation and the Department of Commerce shall cooperate with the department to coordinate and develop these tax credits for private businesses. The state tax credit shall take effect after the implementation of the federal waiver limiting the time an individual may receive benefits.
SECTION 7. Each state agency shall establish recruitment and hiring goals which shall target ten percent of all jobs requiring a high school diploma or less to be filled with welfare or food stamp recipients. A question concerning receipt of AFDC benefits or food stamps may be added to the state employment application for purposes of targeting these applicants. Each agency annually shall report to the department the number of welfare recipients employed in comparison to the established goal.
SECTION 8. The department, as part of the employment and training program, shall provide special educational and related services for teen parents to assist them in becoming economically independent and to provide health information. This teen parent initiative must be staffed by department personnel familiar with school drop out programs, family planning programs which comply with existing law, and parent effectiveness training programs, and whenever possible and practical, the department shall coordinate with comparable staff of other state and local agencies in providing these services.
SECTION 9. To expand available job training activities for AFDC recipients, the Governor may target future incentive funds under Title II-A of the Job Training and Partnership Act in such a way as to encourage the service delivery areas and local private industry councils to increase service levels and improve performance outcomes related to services to AFDC recipients.
SECTION 10. To emphasize the importance of education, training, and employment in restructuring the welfare system, the department shall establish goals for the placement and retention of AFDC recipients in employment programs for each county welfare office. These goals must be reflected in the Employee Performance Evaluation of all appropriate department employees.
SECTION 11. (A) To emphasize the necessity of each family achieving independence and self-sufficiency, if an AFDC recipient fails without good cause to comply with the employment and training requirements contained in the agreement entered into between the recipient and the State Department of Social Services, the department shall:
(1) grant a thirty-day conciliation period for the recipient to reconsider the decision not to comply with the terms of the agreement. During this thirty-day period, the recipient has the right to appeal the department's decision to impose sanctions. At the end of this thirty-day period if the conciliation/fair hearing decision was not in the recipient's favor, all AFDC benefits must be terminated. Benefits may be reinstated when the recipient agrees to comply according to the terms of the agreement and demonstrates willingness to comply by participating in the employment and training program for a period of thirty days;
(2) terminate all AFDC benefits if the recipient completes the training requirements contained in the agreement and then refuses an offer of employment.
(B) A recipient has good cause for failing to comply with the employment and training provisions of the agreement if the recipient is:
(1) a parent or caretaker relative with a child under one year of age; however, custodial parents under age twenty-five who have not completed their high school education are required to comply with these provisions regardless of the age of the child;
(2) at least six months pregnant and the pregnancy is verified by a qualified licensed health care provider;
(3) incapacitated and the incapacity is verified by a physician, and if the department considers it necessary, confirmed by an assessment performed by the department of vocational rehabilitation, as a physical or mental impairment that prevents the recipient from engaging in gainful employment or participating in education or training;
(4) caring for an incapacitated person whose incapacity has been verified by a physician, and if the department considers it necessary, confirmed by an assessment performed by the department of vocational rehabilitation.
(5) unable to participate because child care and reasonable transportation were not provided when needed for participation in employment and training programs.
SECTION 12. As a condition of eligibility for AFDC benefits, each adult recipient and minor mother recipient must participate in a family skills training program which must include, but is not limited to, parenting skills, financial planning, and health information. Whenever possible and practical, the department shall coordinate with comparable staff of other state and local agencies in providing these services.
This program must include an alcohol and other drug assessment when it is determined by the department that an assessment is appropriate. The department shall coordinate with the Department of Alcohol and Other Drug Abuse Services to provide the proper assessment of the recipient and training of the department personnel who are to conduct the assessment. If the recipient is determined to be in need of alcohol and other drug abuse treatment, the department shall coordinate the services with the Department of Alcohol and Other Drug Abuse Services and shall include the individually determined terms and conditions of the treatment in the recipient's agreement with the department.
SECTION 13. Section 20-7-420 of the 1976 Code, as last amended by an act of 1995 bearing ratification number 585 of 1994, is further amended by adding an appropriately numbered item to read:
"( ) to order a person required to pay support under a court order being enforced under Title IV-D of the Social Security Act who is unemployed or underemployed and who is the parent of a child receiving AFDC benefits to participate in an employment training program or public service employment pursuant to regulations promulgated by the department. The Division of Support Enforcement of the State Department of Social Services also has jurisdiction under this item in cases under Title IV-D of the Social Security Act brought pursuant to Article 32, Chapter 7, Title 20 of the 1976 Code.
SECTION 14. The 1976 Code is amended by adding:
"Section 20-7-873. Notwithstanding any other provision of law, a court or administrative order for child support or order for contempt for nonpayment of child support being enforced under Title IV-D of the Social Security Act may direct a noncustodial parent who is unemployed or underemployed and who is the parent of a child receiving Aid to Families with Dependent Children benefits to participate in an employment training program or public service employment. Upon failure of the noncustodial parent to comply with an order of contempt which directed the noncustodial parent to participate in the employment training program or public service employment, the Family Court, upon receiving an affidavit of noncompliance from the department, immediately may issue a bench warrant for the arrest of the noncustodial parent. The Department of Social Services shall promulgate regulations governing the eligibility criteria and implementation of these training programs and public service employment."
SECTION 15. The Department of Social Services shall seek federal funds for entrepreneurial development so that AFDC clients can create jobs and provide incentives for AFDC clients in their efforts to attain self-sufficiency and independence. The department shall identify markets for entrepreneurial development for AFDC clients, provide clients with job skills and opportunities to develop expertise in operating businesses, and allow clients to accrue savings, buy stock in a business, or, over a period of time, purchase a business. In carrying out this program the department shall work in conjunction with public, community, and private sector entities including businesses, banks, and other institutions to develop strategies that provide training, technical assistance, planning, and research to AFDC clients in their efforts to own their own businesses.
SECTION 16. In order to assure that all families working toward self sufficiency have access to all potential supportive services that will help ensure their success, the department, within existing revenues, may develop outreach and information programs which provide information and assistance on support services available to low income families including, but not limited to, information on earned income tax credits and medicaid eligibility.
SECTION 17. To promote independence and assist AFDC families in participating in the Department of Social Services employment and training program and in getting to their place of employment, reliable transportation services are needed. The department in conjunction with the Department of Public Safety shall endorse local efforts to develop a statewide network of mass transit systems.
SECTION 1. To emphasize that welfare is temporary assistance in time of trouble, the department shall apply to the federal government for a waiver authorizing assistance in the Aid to Families with Dependent Children Program (AFDC) to be limited to no more than twenty-four months out of one hundred and twenty months and no more than sixty months in a lifetime except when:
(1) the head of household is permanently or totally disabled, whether physical or mental;
(2) the head of household is providing full-time care for a disabled individual in the home;
(3) the parent of the child for whom assistance is received is a minor under the age of eighteen who has not completed high school. Assistance must be provided for a period of up to twenty-four months after the minor parent attains the age of eighteen or completes high school, whichever occurs first;
(4) the individual is involved in an approved training program which will not be completed by the twenty-fourth month. However, no extension may be granted beyond the thirtieth month except with the express permission of the county director;
(5) the adult head of household is not the parent of the child and is not included in the assistance check;
(6) the adult head of household is providing a home for and caring for a child whom the department has determined to be abandoned by his or her parents and for whom the alternative placement is foster care;
(7) child care or transportation is not reasonably available; or
(8) an AFDC recipient has failed, in good faith, to become gainfully employed but volunteers in the public sector for twenty hours a week; however, this exception must not extend entitlement to more than thirty-six months in the one hundred twenty month period.
SECTION 2. AFDC recipients must be encouraged to voluntarily participate in a work program when their youngest child reaches the age of six months, but in all cases the recipients must participate in a work program once their youngest child reaches age one.
SECTION 3. The asset limit for families on AFDC must be five thousand dollars. The equity value of any and all vehicles owned by the family must be included in the computation of countable assets to be measured against the five thousand dollar limit.
SECTION 4. Families on AFDC and those not receiving welfare but whose household income falls below one hundred eighty-five percent of the federal poverty level may own an Individual Development Account. Contributions to and interest on these accounts are tax free, and a recipient may accrue up to ten thousand dollars in the account. Withdrawals used for education or job training or to purchase a home are tax free. Withdrawals for other purposes are not tax free.
SECTION 5. To remove the disincentive to employment that occurs when a family's AFDC payment is reduced because of a minor child's earnings and to encourage children in AFDC families to develop positive work attitudes, the State shall apply to the federal government for a waiver to exclude income earned by a minor child attending school when determining eligibility or payment amount for aid to families with dependent children.
SECTION 6. In order to assist AFDC families in gaining financial independence and in building for the future, the Department of Social Services shall apply to the federal government for a waiver allowing the State to exclude interest income and dividends in determining eligibility and payment amounts for aid to families with dependent children.
SECTION 1. To encourage parents to plan for security and assume responsibility for their children, there must be no incremental increase in AFDC benefits to a family as a result of a child born to that parent ten or more months after the family begins to receive AFDC. This section does not apply if the department establishes that the child was conceived as a result of rape or incest.
SECTION 2. An AFDC recipient who, while receiving AFDC benefits, has been identified as requiring alcohol and other drug abuse treatment service or who has been convicted of an alcohol related offense or a controlled substance violation or gives birth to a child in whose system drugs are found to be present as shown by blood or urine analysis performed at birth, is ineligible for AFDC assistance unless the recipient submits to random drug tests and/or participates in an alcohol or drug treatment program approved by the Department of Alcohol and Other Drug Abuse Services. Upon completion of the program, if a subsequent random test or subsequent conviction for a controlled substance violation or alcohol related offense occurs, the recipient is ineligible for AFDC benefits. Benefits may be reinstated at a later time upon reapplication, if the recipient first undergoes a conciliation assessment, including review and/or modification of the prescribed individual treatment program and agreement, and then agrees to comply with its terms and demonstrates compliance for a period of not less than sixty days.
SECTION 3. Welfare recipients under the age of eighteen must be enrolled and maintain satisfactory attendance, as defined by the Department of Education, in school as a condition of eligibility for benefits.
SECTION 4. (A) Minor mothers with a child born out of wedlock must live in the home of their parent or guardian to be eligible to receive AFDC benefits unless:
(1) the minor parent has no living parent or legal guardian whose whereabouts is known;
(2) no living parent or legal guardian of the minor parent allows the minor parent to live in his or her home;
(3) the minor parent lived apart from his or her own parent or legal guardian for a period of at least one year before either the birth of the dependent child or the parent's having applied for AFDC;
(4) the physical or emotional health or safety of the minor parent or dependent child would be jeopardized if they resided in the same residence with the minor parent's parent or legal guardian;
(5) there is otherwise good cause for the minor parent and dependent child to receive assistance while living apart from the minor parent's parent or legal guardian or another adult relative or an adult supervised supportive living arrangement.
(B) If a minor parent makes an allegation supporting the conclusion that subsection (A)(4) applies, the department shall determine whether it is justified. Circumstances justifying a determination of good cause as provided for in subsection (A)(5) include, but are not limited to, written statements from at least two corroborating persons showing that it is not in the best interest of the minor parent to live with his or her parents or legal guardian or in an adult supervised supportive living arrangement. When a minor parent and his or her dependent child are required to live with the minor parent's parent or legal guardian or another adult relative or in an adult supervised supportive living arrangement, AFDC must be paid, where possible, in the form of a protective payment. A minor parent applicant must be informed directly about AFDC eligibility requirements including his or her rights under this section. The applicant must be told of the exemptions and must be asked if one or more of the exemptions is applicable to the applicant. The department shall assist the minor in obtaining the necessary verification if one or more of these exemptions is alleged.
SECTION 5. To eliminate restrictions that break up families and to encourage the formation of new families, the department shall remove the requirement that a child be deprived of support from one or both parents to be eligible for assistance and shall remove the one hundred hour rule and the recent connection to the labor force rule.
SECTION 6. To further strengthen the family unit and promote parental responsibility, emphasis must be placed on serving the family as a whole. Immunizations, school attendance, preventive health screenings, and pregnancy prevention programs as authorized by law for minor children must be monitored and encouraged.
SECTION 7. The State shall apply for a federal waiver to require AFDC and Medicaid applicants and recipients as an additional condition for receiving benefits to provide:
(1) the first and last name of the absent parent and putative father and any known licenses as defined in Section 20-7-941(4) which might be subject to revocation; and
(2) at least two of the following subitems on each absent parent and each putative father named:
(a) date of birth;
(b) social security number;
(c) last known home address;
(d) last known employer's name and address;
(e) either of the absent parent's name and address.
An applicant or recipient who fails to provide this information or who provides the names of two putative fathers, both of whom are excluded from paternity by genetic testing, is ineligible for assistance for himself or herself and the child for whom parental information was not provided unless the applicant or recipient asserts, and the department verifies, there is good cause for not providing this information. Good cause includes documentation of incest, rape, or the existence or the threat of physical abuse to the child or custodial parent.
Upon legal establishment of paternity of the child in question, AFDC benefits may be established or reinstated if all other eligibility requirements are met.
SECTION 8. From the amounts collected by the South Carolina State Department of Social Services for children and the parents of such children who are currently recipients of aid to Families with Dependent children (AFDC), pursuant to Section 43-5-220 of the 1976 Code, the department may distribute these amounts as follows:
(1) of amounts collected which represent monthly monetary support obligations, the first seventy-five dollars of the monthly payment must be paid to the AFDC family and thereafter must be increased up to the amount of the monthly support obligation;
(2) if the amount collected is in excess of the amounts required to be distributed under item (1), the excess must be retained by the department as reimbursement for AFDC payments made to the family for which the State has not been reimbursed. Of the amount retained by the department, the department shall determine the federal government's share so that the department may reimburse the federal government, if required, to the extent of its participation in the financing of the AFDC payment.
(3) if the amount collected is in excess of the amounts required to be distributed under (1) and (2) the family must be paid the excess.
(4) payments made to the family in item (1) may not be used in determining the amount paid, if any, in AFDC or other welfare benefits.
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-936. When a child is born to parents, either or both of whom are unmarried and under eighteen years of age, the Child Support Enforcement Division of the State Department of Social Services may pursue support and maintenance of that child from one or both of the child's maternal and paternal grandparents as long as the parent of the child is under eighteen years of age."
SECTION 2. Title 20, Chapter 7, Article 9, Subarticle 3 of the 1976 Code is amended by adding:
Section 20-7-940. In addition to other qualifications necessary for holding a license, an individual who is under an order for child support also is subject to the provisions of this part.
Section 20-7-941. (A) As used in this part:
(1) `Arrearage' means the total amount overdue under an order of support.
(2) `Compliance with an order for support' means that pursuant to an order for support the person required to pay under the order is in arrears no more than an amount equal to two months' support obligation.
(3) `Division' means the Child Support Enforcement Division of the State Department of Social Services. Enforcement of the State Department of Social Services.
(4) `License' means:
(a) a certificate, credential, permit, registration, or any other authorization issued by a licensing entity that allows an individual to engage in a business, occupation, or profession and includes, but is not limited to, a medical license, teaching certificate, commission and certificate of training from the South Carolina Criminal Justice Academy for a sworn law enforcement officer, and a hunting, fishing, or trapping license for commercial use;
(b) a driver's license and includes, but is not limited to, a beginner's or instruction permit, a restricted driver's license, a motorcycle driver's license, or a commercial driver's license;
(c) a hunting, fishing, or trapping license for recreational purposes;
(d) a watercraft registration.
`License' does not include the authority to practice law; however, the Supreme Court may consider as an additional ground for the discipline of members of the bar the wilful violation of a court order including an order for child support and the department has grounds to file a grievance with the Supreme Court if a licensed attorney is in wilful violation of a court order for child support.
(5) `Licensee' means an individual holding a license issued by a licensing entity.
(6) `Licensing entity' or `entity' means for the purpose of issuing or revoking:
(a) a license as defined in item (4)(a), a state agency, board, department, office, or commission that issues a license;
(b) a license as defined in item (4)(b), the Department of Revenue and Taxation and the Department of Public Safety;
(c) a license as defined in item 4(c) and (d), the Department of Natural Resources, or an agent of the Department of Natural Resources.
(7) `Order for support' means an order being enforced by the division under Title IV-D of the Social Security Act and which provides for periodic payments of funds for the support of a child or maintenance of a spouse or former spouse and support of a child, whether temporary or final and includes, but is not limited to, an order for reimbursement for public assistance or an order for making periodic payments on a support arrearage.
Section 20-7-942. If a licensee is out of compliance with an order for support, the licensee's license must be revoked unless within ninety days of receiving notice that the licensee is out of compliance with the order, the licensee has paid the arrearage owing under the order or has signed a consent agreement with the division establishing a schedule for payment of the arrearage.
Section 20-7-943. The division shall obtain information on licensees pursuant to Section 20-7-944 for the purposes of establishing, enforcing, and collecting support obligations.
Section 20-7-944. In the manner and form prescribed by the division, all licensing entities monthly shall provide the division information on licensees for use in the establishment, enforcement, and collection of child support obligations including, but not limited to:
(1) name;
(2) address of record;
(3) social security number;
(4) employer's name and address;
(5) type of license;
(6) effective date of license or renewal;
(7) expiration date of license;
(8) active or inactive license status.
Section 20-7-945. (A) The division shall review the information received pursuant to Section 20-7-944 and determine if a licensee is out of compliance with an order for support. If a licensee is out of compliance with the order for support, the division shall notify the licensee that ninety days after the licensee receives the notice of being out of compliance with the order, the licensing entity will be notified to revoke the licensee's license unless the licensee pays the arrearage owing under the order or signs a consent agreement establishing a schedule for the payment of the arrearage.
(B) Upon receiving the notice provided for in subsection (A), the licensee may:
(1) request a review with the division; however, issues the licensee may raise at the review are limited to whether the licensee is the individual required to pay under the order for support and whether the licensee is out of compliance with the order of support; or
(2) request to participate in negotiations with the division for the purpose of establishing a payment schedule for the arrearage.
(C) The division director or the division director's designees are authorized to and upon request of a licensee shall negotiate with a licensee to establish a payment schedule for the arrearage. Payments made under the payment schedule are in addition to the licensee's ongoing obligation under the order for support.
(D) Upon the division and the licensee reaching an agreement on a schedule for payment of the arrearage, the division director shall submit to the court a consent order containing the payment schedule which upon the court's approval is enforceable as any order of the court. If the court does not approve the consent order, the court may require a hearing on a case by case basis for the judicial review of the payment schedule agreement.
(E) If the licensee and the division do not reach an agreement establishing a schedule for payment of the arrearage, the licensee may petition the court to establish a payment schedule. However, this action does not stay the license revocation procedures.
(F) The notification given a licensee that the licensee's license will be revoked in ninety days clearly must state the remedies and procedures available to a licensee under this section.
(G) If at the end of the ninety days the licensee still has an arrearage owing under the order for support or the licensee has not signed a consent agreement establishing a payment schedule for the arrearage, the division shall notify the licensing entity to revoke the licensee's license. A license only may be reinstated if the division notifies the licensing entity that the licensee no longer has an arrearage or that the licensee has signed a consent agreement.
(H) Upon notice of the revocation the licensee may appeal the licensing entity's action under the Administrative Procedures Act. However, on appeal the licensee is limited to the issues of whether the licensee is the individual required to pay under the order for support and whether the licensee is out of compliance with the order of support. An appeal from the decision of the licensing entity may be taken as any other appeal from a decision of the licensing entity.
(I) If a licensee under a consent order entered into pursuant to this section, for the payment of an arrearage subsequently is out of compliance with an order for support, the division immediately may notify the licensing entity to revoke the license and the procedures provided for under subsection (B) do not apply; however the appeal provisions of subsection (H) apply. If upon revocation of the license the licensee subsequently enters into a consent agreement or the licensee otherwise informs the department of compliance, the department shall notify the licensing entity within fourteen days of the determination of compliance and the license must be reissued.
(J) Notice required to the licensee under this section must be deposited in the United States mail with postage prepaid and addressed to the licensee at the last known address. The giving of the notice is considered complete ten days after the deposit of the notice. A certificate that the notice was sent in accordance with this part creates a presumption that the notice requirements have been met even if the notice has not been received by the licensee.
(K) Nothing in this section prohibits a licensee from filing a petition for a modification of a support order or for any other applicable relief. However, no such petition stays the license revocation procedure.
(L) If a license is revoked under this section, the licensing entity is not required to refund any fees paid by a licensee in connection with obtaining or renewing a license, and any fee required to be paid to the licensing entity for reinstatement after a license revocation applies.
Section 20-7-946. (A) Information provided to a licensing entity pursuant to this section is subject to disclosure in accordance with the Freedom of Information Act.
(B) A person who releases information received by a licensing entity pursuant to this section, except as authorized by this section or another provision of law, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
Section 20-7-947. The State Department of Social Services may enter into interagency agreements with licensing entities necessary to implement this part. These agreements shall provide for the receipt of federal funds by a licensing agency to cover that portion of costs allowable in federal law and regulation and incurred by the licensing agency in implementing this part. Notwithstanding any other provision of law, revenue generated by a licensing agency must be used to fund the nonfederal share of costs incurred pursuant to this part. These agreements shall provide that a licensing agency shall reimburse the State Department of Social Services for the nonfederal share of costs incurred by the State Department of Social Services in implementing this part. An agency shall reimburse the State Department of Social Services for the nonfederal share of costs incurred pursuant to this part from monies collected from licensees.
Section 20-7-948. The State Department of Social Services shall promulgate regulations necessary to carry out this part and shall consult with licensing entities in developing these regulations."
SECTION 3. Title 20, Chapter 7 of the 1976 Code is amended by adding:
Section 20-7-9505. Notwithstanding Section 20-7-420 and any other provision of law, the Division of Child Support Enforcement of the Department of Social Services also has jurisdiction to establish paternity and to establish and enforce child support in cases brought pursuant to Title IV-D of the Social Security Act in accordance with this article.
Section 20-7-9510. As used in this article, unless the context otherwise requires:
(1) `Arrears' or `arrearages' means amounts of past-due and unpaid monthly support obligations established by court or administrative order.
(2) `Costs of collections' means costs as provided for in Section 20-7-1440 in addition to the monthly support obligation.
(3) `Court' or `judge' means any court or judge in this State having jurisdiction to determine the liability of persons for the support of another person.
(4) `Custodian' means a parent, relative, legal guardian, or other person or agency having physical custody of a child.
(5) `Dependent child' means a person who is legally entitled to or the subject of a support order for the provision of proper or necessary subsistence, education, medical care, or other care necessary for the person's health, guidance, or well-being who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States.
(6) `Director' means the Director of the Child Support Enforcement Division of the State Department of Social Services.
(7) `Division' means the Child Support Enforcement Division of the State Department of Social Services.
(8) `Duty of support' means a duty of support imposed by law, by order, decree, or judgment of any court or by administrative order, whether interlocutory or final, or whether incidental to an action for divorce, separation, separate maintenance, or otherwise. `Duty of support' includes the duty to pay a monthly support obligation, a child support debt, and any arrearages.
(9) `Monthly support obligation' means the monthly amount of current child support that an obligor is ordered to pay by the court or by the division pursuant to this article.
(10) `Obligee' means a person or agency to whom a duty of support is owed or a person or agency having commenced a proceeding for the establishment or enforcement of an alleged duty of support.
(11) `Obligor' means a person owing a duty of support or against whom a proceeding for the establishment or enforcement of a duty to support is commenced.
(12) `Order' means an administrative order that involves the establishment of paternity and/or the establishment and enforcement of an order for child support and/or medical support issued by the Child Support Enforcement Division of the State Department of Social Services or the administrative agency of another state or comparable jurisdiction with similar authority.
(13) `Receipt of notice' means either the date on which service of process of a notice of financial responsibility is actually accomplished or the date on the return receipt if service is by certified mail, both in accordance with one of the methods of service specified in Section 20-7-9520.
Section 20-7-9515. The director shall issue a notice of financial responsibility to an obligor who owes a child support debt or who is responsible for the support of a child on whose behalf the custodian of that child is receiving support enforcement services from the division pursuant to Title IV-D of the Social Security Act. The notice shall include the following statements and information:
(1) That the obligor is required to appear at the time and location indicated in the notice for a negotiation conference to determine the obligor's duty of support.
(2) That the division may issue an order of default setting forth the amount of the obligor's duty of support, if the obligor:
(a) fails to appear for the negotiation conference as scheduled in the notice; or,
(b) fails to reschedule a negotiation conference before the date and time stated in the notice; or
(c) fails to send the division a written request for a court hearing before the time scheduled for the negotiation conference.
(3) That the obligor may request a court hearing within twenty days after the receipt of the notice of financial responsibility pursuant to Section 20-7-9540.
(4) That the order of default must be filed with the clerk of court of the county in which the notice of financial responsibility was issued; that as soon as the order of default is filed, it shall have all the force, effect, and remedies of an order of the court, including, but not limited to, wage assignment or contempt of court; and that execution may be issued on the order in the same manner and with the same effect as if it were an order of the court.
(5) No court order for judgment nor verified entry of judgment may be required in order for the clerk of court and division to certify past due amounts of child support to the Internal Revenue Service or State Department of Revenue and Taxation for purposes of intercepting a federal or state tax intercept.
(6) The name of the custodian of the child on whose behalf support is being sought and the name and birth date of the child.
(7) That the amount of the monthly support obligation must be based upon the child support guidelines as set forth in Sections 20-7-852 and 43-5-580.
(8) That the division may issue an administrative subpoena to obtain income information from the obligor.
(9) The amount of arrears or arrearages which have accrued under an administrative or court order for support.
(10) That the costs of collections may be assessed against and collected from the obligor.
(11) That the obligor may assert the following objections in the negotiation conference and that, if the objections are not resolved, the division shall schedule a court hearing pursuant to Section 20-7-9525(C):
(a) that the dependent child has been adopted by a person other than the obligor;
(b) that the dependent child is emancipated; or
(c) that there is an existing court or administrative order for support as to the monthly support obligation.
(12) That the duty to provide medical support must be established under this article in accordance with the state child support guidelines.
(13) That an order issued pursuant to this article or an existing order of the court also may be modified under this article in accordance with the Uniform Interstate Family Support Act.
(14) That the obligor is responsible for notifying the division of any change of address or employment within ten days of the change.
(15) That, if the obligor has any questions, the obligor should telephone or visit the division.
(16) That the obligor has the right to consult an attorney and the right to be represented by an attorney at the negotiation conference.
(17) Other information as set forth in regulations promulgated pursuant to the Administrative Procedures Act.
Section 20-7-9520. The division shall serve a notice of financial responsibility on the obligor not less than twenty days before the date stated in the notice for the negotiation conference:
(1) in the manner prescribed for service of process in a civil action; or
(2) by an employee appointed by the division to serve process; or
(3) by certified mail, return receipt requested, signed by the obligor only. The receipt is prima facie evidence of service.
Section 20-7-9525. (A) An obligor who has been served with a notice of financial responsibility pursuant to Section 20-7-9520 and who does not request a hearing pursuant to Section 20-7-9540 shall appear at the time and location stated in the notice for a negotiation conference or shall reschedule a negotiation conference before the date and time stated in the notice. The negotiation conference must be scheduled not more than sixty days after the date of the issuance of the notice of financial responsibility. A negotiation conference may not be rescheduled more than once without cause and may not be rescheduled for a date more than fifteen days after the date and time stated in the notice without good cause as defined in regulations promulgated pursuant to the Administrative Procedures Act. If a stipulation is agreed upon at the negotiation conference as to the obligor's duty of support, the division shall issue a consent order setting forth:
(1) the amount of the monthly support obligation and instructions on the manner in which it must be paid;
(2) the amount of arrearages due and owing and instructions on the manner in which it must be paid;
(3) the name of the custodian of the child and the name and birth date of the child for whom support is being sought;
(4) other information as set forth in regulations promulgated pursuant to Section 20-7-9515(17).
(B) A copy of the consent order issued pursuant to subsection (A) and proof of service must be filed with the Family Court in the county in which the notice of financial responsibility was issued. The clerk shall stamp the date of receipt of the copy of the order and shall assign the order a case number. The consent order shall have all the force, effect, and remedies of an order of the court including, but not limited to, wage assignment and contempt of court. Execution may be issued on the order in the same manner and with the same effect as if it were an order of the court. No court order for judgment nor verified entry of judgment is required in order for the clerk of court and division to certify past-due amounts of child support to the Internal Revenue Service or State Department of Revenue and Taxation for purposes of intercepting a federal or state tax intercept, or credit bureau reporting.
(C) If no stipulation is agreed upon at the negotiation conference, the division shall file the notice of financial responsibility and proof of service with the clerk of the Family Court in the county in which the notice of financial responsibility was issued, and the matter must be set for a hearing in accordance with Section 20-7-9540.
(D) The determination of the monthly support obligation must be based on the child support guidelines as set forth in Sections 20-7-852 and 43-5-580.
Section 20-7-9530. (A) If an obligor fails to appear for a negotiation conference scheduled in the notice of financial responsibility or fails to reschedule the negotiation conference before the date and time stated in the notice of financial responsibility or if the obligor fails to serve the division with a written request for a court hearing before the time scheduled for the negotiation conference, the division shall issue an order of default in accordance with the notice of financial responsibility. The order of default must be approved by the court and shall include:
(1) the amount of the monthly support obligation and instructions on the manner in which it must be paid;
(2) the amount of arrearages due and owing and instructions on the manner in which it must be paid.
(3) the name of the custodian of the child and the name and birth date of the child for whom support is being sought;
(4) other information as set forth in regulations promulgated pursuant to the Administrative Procedures Act.
(B) A copy of an order of default issued pursuant to subsection (A), proof of service, and an affidavit of default must be filed with the Family Court in the same manner and has the same force and effect as provided for in Section 20-7-9525(B).
(C) The determination of the monthly support obligation must be based on the child support guidelines as set forth in Sections 20-7-852 and 43-5-580.
Section 20-7-9535. (A) A copy of an order of financial responsibility or a consent order issued by the division must be sent by the division by first class mail to the obligor or the obligor's attorney of record and to the custodial parent.
(B) A consent order and an order of default shall continue notwithstanding the fact that the child is no longer receiving benefits for aid to families with dependent children, unless the child is emancipated or is otherwise no longer entitled to support as otherwise determined by law. An order of financial responsibility or order of default shall continue until modified by an administrative order or court order or by emancipation of the child.
(C) Nothing contained in this article deprives a court of competent jurisdiction from determining the duty of support of an obligor against whom an order is issued pursuant to this article. A determination by the court supersedes the administrative order as to support payments due subsequent to the entry of the order by the court but must not modify any arrearage which may have accrued under the administrative order.
Section 20-7-9540. (A) An obligor who objects to a part of the notice of responsibility, within thirty days of receipt of the notice, shall make a written request for a court hearing to the division. The request must be served upon the division by certified mail or in the same manner as a summons in a civil action.
(B) Upon receipt of a written request for a hearing, the division shall file the written request for a hearing, the notice of financial responsibility, and proof of service with the clerk of court in the county in which the notice of financial responsibility was issued and shall request the court to set a hearing for the matter. The clerk of court shall send a notice to the obligor and the division informing them of the date and location of the hearing. If the obligor raises issues relating to custody or visitation and the court has jurisdiction to hear these matters, the court shall set a separate hearing for those issues after entry of the order.
Section 20-7-9545. (A) The division may establish paternity of a child in the course of a negotiation conference held pursuant to Section 20-7-9525 based upon an application for services or receipt of services by the custodian pursuant to Title IV-D of the Social Security Act. Service on the alleged father pursuant to this section must be made as provided in Section 20-7-9520. In addition to the notice of financial responsibility as set forth in Section 20-7-9515, the division must serve the alleged father with a notice of paternity determination which shall include:
(1) an allegation that the alleged father is the natural father of the child involved;
(2) the child's name and date of birth;
(3) the name of the child's mother and the name of the person or agency having custody of the child, if other than the mother;
(4) a statement that if the alleged father fails to timely deny the allegation of paternity, the question of paternity may be resolved against the alleged father without further notice;
(5) a statement that if the alleged father timely denies the allegation of paternity:
(a) the alleged father is subject to compulsory genetic testing and that expenses incurred may be assessed against the alleged father if he is found to be the father;
(b) a genetic test may result in a presumption of paternity; and
(c) upon receipt of the genetic test results, if the alleged father continues to deny paternity, the alleged father may request the division to refer the matter to Family Court for a determination of paternity pursuant to Section 20-7-9540. An order for child support resulting from a subsequent finding of paternity is effective from the date the alleged father was served with the notice of paternity determination.
(B) The alleged father may file a written denial of paternity with the department within thirty days after service of the notice of paternity determination.
(C) When there is more than one alleged father of a child, the division may serve a notice of paternity determination on each alleged father in the same consolidated proceeding or in separate proceedings. Failure to serve notice on an alleged father does not prevent the department from serving notice on any other alleged father of the same child.
Section 20-7-9550. (A) If the testimony and other supplementary evidence presented at the negotiation conference demonstrate a reasonable probability that the alleged father had sexual intercourse with the child's mother during the probable time of the child's conception or if the evidence shows a probable existence of a presumption, the division may issue a subpoena ordering the alleged father to submit to paternity genetic testing. A reasonable probability of sexual intercourse during the possible time of conception may be established by affidavit of the child's mother.
(B) If the division does not receive a timely written denial of paternity or if an alleged father fails to appear at the negotiation conference or for a scheduled paternity test, the division may enter an order declaring the alleged father the legal father of the child. The order takes effect fifteen days after entry of default unless the alleged father before the fifteenth day presents good cause for failure to make a timely denial or for failure to appear at the negotiation conference or to undergo genetic testing. The division may not enter an order under this section if there is more than one alleged father unless the default applies to only one alleged father and all other alleged fathers have been excluded by the results of genetic testing. If there is more than one alleged father who has not been excluded by the results of genetic testing, the division may petition the court for a hearing to establish paternity.
(C) If the rights of others and the interests of justice require, the division may apply to any Family Court for an order compelling an alleged father to submit to genetic testing. The court shall hear the matter as expeditiously as possible. If the court finds reasonable cause to believe that the alleged father is the natural or presumed father of the child, the court shall enter an order compelling the alleged father to submit to a genetic test. As provided in subsection (A), reasonable cause may be established by affidavit of the child's mother.
Section 20-7-9555. The division shall appoint an expert who is qualified in examining genetic markers to conduct any genetic test. If the issue of paternity is referred to the Family Court, the expert's completed and certified report of the results and conclusions of a genetic test is admissible as evidence without additional testing or testimony. An order entered pursuant to this article establishes legal paternity for all purposes.
Section 20-7-9560. (A) The division may establish all duties of support including the duty to pay arrearages and to pay child support debt and may enforce duties of support from an obligor pursuant to this article if that action is requested by an agency of another state which is operating under Title IV-D of the federal Social Security Act, as amended.
(B) If the division proceeds against an obligor under subsection (A), it shall seek establishment and enforcement of the liability imposed by the laws of the state where the obligor was located during the period for which support is sought. The obligor is presumed to have been present in this State during the period until otherwise shown.
(C) If the obligee is absent from this State and the obligor presents evidence which constitutes a defense, the obligor shall request a court hearing.
(D) The remedies provided by this article are additional to those remedies provided by the `Uniform Interstate Family Support Act'.
Section 20-7-9565. (A) At any time after the entry of a consent order or an order for default under this article or an order of the court the division may issue a notice of financial responsibility to an obligor requesting the modification of an existing order issued pursuant to this article or an existing order of the court. The division shall serve the obligor with a notice of financial responsibility as provided in Section 20-7-9515 and shall proceed as set forth in this article. The obligor or obligee may file a written request for modification of an order issued under this article or an existing order of the court with the division by serving the division by certified mail. If the division does not object to the request for modification based upon a showing of changed circumstances as provided by law, the division shall serve the obligor with a notice of financial responsibility as provided in Section 20-7-9515 and shall proceed as set forth in this article. If the division objects to the request for modification based upon the failure to demonstrate a showing of changed circumstances, the division shall advise the obligor or obligee that a petition for review may be filed with the Family Court.
(B) A request for modification made pursuant to this section does not preclude the division from enforcing and collecting upon the existing order pending the modification proceeding.
(C) Only payments accruing subsequent to the modification may be modified. Modification must be made pursuant to Section 20-3-160."
SECTION 4. Section 43-5-65(a) of the 1976 Code is amended to read:
"(a) As a condition of eligibility, a needy family applying for aid to families with dependent children or Medicaid benefits for a minor child shall complete a certificate of eligibility containing a written declaration of such information as may be required to establish eligibility and amount of aid. The certificate shall include blanks, wherein shall must be stated the names, birth dates, and Social Security numbers of all children receiving aid, their present place of residence, the names and Social Security number of the adult or emancipated minor applicant, the name and social security number and present whereabouts, last known address and place of employment of a parent who is not living in the home, any income received through employment, from the absent parent, governmental social insurance or aid programs, gifts, sale of real or personal property, interest, dividends, or from any other source, and any interest in property, real or personal. As a condition of eligibility for Aid to Families with Dependent Children or Medicaid benefits, or both, the applicant must provide, at a minimum, the following on an absent parent or putative father, or both:
(1) the first and last name and any known licenses as defined in Section 20-7-941(4) which may be subject to revocation; and
(2) at least two of the following items on each named:
(i) date of birth;
(ii) social security number;
(iii) last known home address;
(iv) last known employer's name and address;
(v) either of the absent parent's name and address.
Failure to provide this information shall result in a finding of ineligibility of benefits for aid to families with dependent children and Medicaid unless the applicant or recipient asserts, and the department verifies, there is good cause for not providing this information. Good cause includes documentation of incest, rape, or the existence or the threat of physical abuse to the child or custodial parent. The department shall provide assistance as needed to complete the certificate and shall insure that all applicants or recipients have or promptly apply for and obtain a Social Security number. No assistance shall may be granted to Aid to Families for Dependent Children applicants or recipients until a valid Social Security number has been provided to the department for each member of the family for whom aid is sought or when numbers are not available until there is proof that application for the Social Security number has been made. The department shall assist the applicant or recipient in obtaining a Social Security number through procedures adopted in cooperation with the Social Security Administration or the applicant or recipient may apply for a Social Security number at the Social Security Administration office. For purposes of Aid to Families for Dependent Children Foster Care, the application for the Social Security number shall must be made by the State or local department. The certificate of eligibility also shall also provide that, as a condition of eligibility for aid, each applicant or recipient shall:
(1) Assign to the State any rights to support from any other person the applicant may have in his own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid and which have accrued at the time the assignment is executed or which may accrue in the future; provided, that however, by accepting public assistance for or on behalf of a child or children, or by making application for services under Title IV-D, or through placement of a child or children in state-funded foster care or under Title IV-E, except where good cause as determined by the agency exists, the recipient or applicant is considered to have made an assignment to the State Department of Social Services of any rights, title, and interest to any support obligation which is owed for the child or children or for the absent parent's spouse or former spouse who is the recipient or the applicant with whom the child is living, if and to the extent that a spousal support obligation has been established and the child support obligation is being enforced pursuant to Title IV-D of the federal Social Security Act. The assignment to the department is considered to have been made up to the amount of public assistance money or foster care board payments paid for or on behalf of the child or children for that period of time as the public assistance monies or foster care board payments are paid. The assignment shall consist consists of all rights and interest in any support obligation that the recipient may be owed past, present, or future by any person up to the amount of public assistance money paid to the recipient for or on behalf of the minor child or children or a child in foster care. The department is subrogated to the rights of the child or children or the person having custody of the child or children to collect and receive all support payments. The department has the right to initiate any a support action in its own name or in the name of the recipient to recover any payments ordered by the courts of this or any other state or to obtain a court order to initiate these payments including an action to determine the paternity of a child.
(2) Cooperate with the State in establishing the paternity of a child born out of wedlock with respect to whom aid is claimed and in obtaining support payments for such the applicant and for a child with respect to whom such the aid is claimed, or in obtaining any other payments or property due such the applicant of such the child and that, if the relative with whom a child is living is found to be ineligible because of failure to comply with the requirements of items (1) and (2), any aid for which such the child is eligible will must be provided in the form of protective payments. The department shall establish criteria in accordance with federal regulations to determine whether action to establish paternity and secure support is not in the best interest of a child."
SECTION 5. Section 43-5-590(a)(ii) of the 1976 Code, as last amended by Act 336 of 1990, is further amended to read:
"(ii) assign to the State the rights to support, including health care expenses, from any other person the applicant may have in his own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid and which have accrued at the time the assignment is executed or which may accrue in the future. By accepting public assistance for or on behalf of a child or children, by making application for services under Title IV-D, or through placement of a child or children in state-funded foster care or under Title IV-E, except where good cause as determined by the agency exists, the recipient or applicant is considered to have made an assignment to the State Department of Social Services of rights, title, and interest to a support obligation which is owed for the child or children or for the absent parent's spouse or former spouse who is the recipient or the applicant with whom the child is living, if and to the extent that a spousal support obligation has been established, and the child and the child support obligation is being enforced pursuant to Title IV-D of the federal Social Security Act. The assignment to the department is considered to have been made up to the amount of public assistance money, including Medicaid payments, or foster care board payments paid for or on behalf of the child or children for that period of time as the public assistance monies or foster care board payments are paid. The assignment consists of all rights and interest in a support obligation that the recipient may be owed past, present, or future by a person up to the amount of public assistance money, including Medicaid payments, paid to the recipient for or on behalf of the minor child or children or a child in foster care. The department is subrogated to the rights of the child or children or the person having custody of the child or children to collect and receive all support payments. The department has the right to initiate a support action in its own name or in the name of the recipient to recover payments ordered by the courts of this or any other state or to obtain a court order to initiate these payments including an action to determine the paternity of a child. The clerk of court shall execute the necessary order substituting the department and changing the payee of the support to the department upon receipt by the clerk of the notice of assignment."
SECTION 6. Section 44-7-77 of the 1976 Code, as added by Acts 481 and 513 of 1994, is amended to read:
"Section 44-7-77. The Department of Health and Environmental Control, and the State Department of Social Services, in conjunction with the South Carolina Hospital Association, shall develop and implement a program to promote obtaining the voluntary acknowledgments of paternity before a newborn is released from the hospital as soon after birth as possible and where possible before the release of the newborn from the hospital. A voluntary acknowledgment obtained through an in-hospital program must be signed by both parents and the signatures must be notarized. As part of its in-hospital voluntary acknowledgment of paternity program, a birthing hospital as part of the birth registration process, shall collect, where ascertainable, information which is or may be necessary for the establishment of the paternity of the child and for the establishment of child support. The information to be collected on the father or on the putative father if paternity has not been established includes, but is not limited to, the name of the father, his date of birth, home address, social security number, and employer's name, and additionally for the putative father, the names and addresses of the putative father's parents."
SECTION 7. Section 44-63-165 of the 1976 Code, as added by Act 341 of 1988, is amended to read:
"Section 44-63-165. A certificate must be prepared for a child born out of wedlock in this State to include the name of the father upon receipt of a sworn acknowledgment of paternity signed by both parents to include the surname by which the child is to be known. However, if the reputed father or the mother is deceased, if another man is shown as the father of the child on the original birth certificate, or if the original birth certificate states that the mother was married, a new certificate may be prepared only when a determination of paternity is made by the Family Court pursuant to Section 20-7-952. A paternity acknowledgment must be provided to the State Department of Social Services from the appropriate state agency upon request at no charge for the purpose of establishing a child support obligation and otherwise a paternity acknowledgment is not subject to inspection except upon order of the Family Court."
SECTION 1. The State Department of Social Services shall apply for waivers to implement the following provisions in this act:
(1) Part III, Sections 6, 11, 12, and 13;
(2) Part IV, Sections 1, 3, 4, 5, and 6;
(3) Part V, Sections 1, 2, 3, 5, 6, 7, and 8;
(4) Part VI, Section 4.
SECTION 1. The Secretary of Commerce shall report to the General Assembly on the department's efforts and results in the recruitment and creation of employment and entrepreneurial opportunities for current and former AFDC recipients by January 1, 1997, and biennially thereafter.
SECTION 2. (A) The Department of Social Services shall evaluate, or contract for evaluation of, the Aid to Families with Dependent Children Program and shall collect data on program costs, caseload movement, and program outcomes including, but not limited to:
(1) the numbers of voluntary and AFDC mandatory participants served;
(2) the number of AFDC participants sanctioned;
(3) the number of AFDC recipients whose grant was eliminated or reduced due to employment;
(4) the extent to which AFDC recipients return to AFDC after having their cash grant eliminated;
(5) the starting salary of employed participants, the average hours of employment, and the nature of employment attained, by occupational category;
(6) AFDC participants' job retention rate;
(7) grant reductions or grant eliminations resulting from employment and training activities and estimates of total welfare cost avoidance;
(8) a statistically valid random sample to provide information concerning the number of participants still employed and wages at specific periods after initial employment including data at ninety days, six months, one year, and two years.
(B) The department shall maintain this data and may contract with a qualified organization for the evaluation. The data collection system for this evaluation must be designed to collect data in the least expensive and least time consuming manner possible and to utilize control groups. Utilizing data compiled, the department shall report its findings to the governor and to the general assembly by January 1, 1997, and biennially thereafter.
SECTION 1. If any provision of this act or the application of a provision of this act to a person or circumstance is held invalid, that invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision of application, and to this end the provisions of this act are severable.
SECTION 2. Sections 20-70-840 through 20-7-938 of the 1976 Code are designated as Part I, Subarticle 3, Article 9, Chapter 7, Title 20 and named "Child Support Proceedings and Enforcement".
SECTION 3. Notwithstanding the definition of "compliance with an order for support", as contained in Section 20-7-941 of the 1976 Code, as added by Part VI, Section 2 of this act:
(1) From January 1, 1996, to June 30, 1996, "compliance with an order for support" means that pursuant to an order for support the person required to pay under the order is in arrears no more than an amount equal to six months' support obligation.
(2) From July 1, 1996, to December 31, 1996, "compliance with an order for support" means that pursuant to an order for support the person required to pay under the order is in arrears no more than an amount equal to four months' support obligation.
SECTION 4. This act takes effect upon approval by the Governor except that Part III, Sections 6, 11, 12, and 13; Part IV, Sections 1, 3, 4, 5, and 6; Part V, Sections 1, 2, 3, 5, 6, 7, and 8; and Part VI, Section 4, take effect ninety days after receipt of approval of a federal waiver authorizing the department to implement these provisions or ninety days after federal law permits implementation.
Renumber sections to conform.
Amend title to conform.
Rep. HUFF explained the amendment.
Rep. HUFF spoke in favor of the amendment.
Rep. COTTY spoke in favor of the amendment.
Rep. COTTY spoke in favor of the amendment.
Rep. McELVEEN spoke in favor of the amendment.
The amendment was then adopted.
Reps. HODGES, COBB-HUNTER and NEAL proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BR1\18210AC.95), which was tabled.
Amend the bill, as and if amended, Part V, by adding an appropriately numbered section to read:
/SECTION __. In order to ensure the success of a family's ability to retain employment, adequate child care must be available. The State of South Carolina shall provide child care vouchers providing fifty dollars per month, for up to two children, for families with total income up to one hundred eighty-five percent of the federal poverty level. The department shall administer the program, and eligible families may apply at department county offices./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. HODGES continued speaking.
Rep. HUFF moved to table the amendment, which was agreed to.
Rep. HASKINS moved that the House recede until 2:00 P.M., which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of amendments.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
The SPEAKER granted Rep. KNOTTS a temporary leave of absence.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
H. 3613 -- Reps. Wilkins, Huff, Delleney, Knotts, Townsend, Limehouse, Keegan, Witherspoon, Fleming, Marchbanks, Tripp, Felder, Lanford, Herdklotz, Easterday, A. Young, Hallman, Law, Limbaugh, Cotty, Thomas, Harrell, Sandifer, Sharpe, Fair, Haskins, Richardson, Fulmer, J. Young, Chamblee, Riser, Cain, Jaskwhich, Beatty, R. Smith, Simrill, Walker, Robinson, Rice, Dantzler, Stille, Stuart, Wofford, Wells, Trotter, Mason, Clyburn, Harrison, Klauber, Cato, Vaughn, Martin, Davenport and Kirsh: A BILL TO ENACT THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995 SO AS TO ESTABLISH THE WELFARE POLICY OF THE STATE; TO, AMONG OTHER THINGS, REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO EXPAND ITS EMPLOYMENT ASSISTANCE SERVICES AND TO EXPAND ITS WORK SUPPORT PROGRAM STATEWIDE; TO REQUIRE AFDC RECIPIENTS TO ENTER AGREEMENTS IN ORDER TO RECEIVE AFDC AND TO PROVIDE SANCTIONS FOR NONCOMPLIANCE; TO REQUIRE THE EMPLOYMENT SECURITY COMMISSION TO PROVIDE THE DEPARTMENT ON-LINE ACCESS TO JOB VACANCY DATA; TO AUTHORIZE PAYMENT OF PORTIONS OF A RECIPIENT'S AFDC TO EMPLOYERS TO SUPPLEMENT WAGES PAID TO THE RECIPIENT; TO DIRECT THE GENERAL ASSEMBLY TO PROVIDE A TAX CREDIT TO EMPLOYERS WHO HIRE AFDC RECIPIENTS; TO REQUIRE STATE AGENCIES TO TARGET AFDC RECIPIENTS FOR EMPLOYMENT; TO ENHANCE SERVICES TO TEEN PARENTS; TO REQUIRE NONCUSTODIAL PARENTS OF CHILDREN RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAM; TO DIRECT SPENDING FIFTY PERCENT OF JOB TRAINING AND PARTNERSHIP ACT FUNDS ON AFDC RECIPIENTS; TO REQUIRE COUNTY DEPARTMENT OF SOCIAL SERVICES OFFICES TO ESTABLISH EDUCATION AND TRAINING GOALS; TO REQUIRE AFDC RECIPIENTS TO PARTICIPATE IN FAMILY SKILLS TRAINING; TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER A NONCUSTODIAL PARENT OF A CHILD RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAMS; TO LIMIT AFDC ASSISTANCE TO TWENTY-FOUR OUT OF ONE HUNDRED TWENTY MONTHS AND SIXTY MONTHS IN A LIFETIME AND TO PROVIDE EXCEPTIONS; TO REVISE REQUIREMENTS FOR MANDATORY PARTICIPATION IN A WORK PROGRAM; TO REVISE INCOME AND ASSET LIMITS FOR AFDC ELIGIBILITY; TO PROHIBIT INCREASING AFDC BENEFITS WHEN A CHILD IS BORN INTO AN AFDC FAMILY; TO REQUIRE AFDC RECIPIENTS TO ENTER A DRUG OR ALCOHOL PROGRAM UNDER CERTAIN CONDITIONS; TO REQUIRE AFDC RECIPIENTS WHO ARE MINORS TO MAINTAIN SATISFACTORY SCHOOL ATTENDANCE AND TO LIVE IN THE HOMES OF THEIR PARENTS AND TO PROVIDE EXCEPTIONS; TO REVISE CERTAIN ABSENT PARENT AFDC ELIGIBILITY REQUIREMENTS; TO EMPHASIZE PROVIDING SERVICES TO THE FAMILY AS A WHOLE; TO REQUIRE AFDC RECIPIENTS TO PROVIDE ADDITIONAL INFORMATION ON FATHERS AS A CONDITION OF ELIGIBILITY; TO REVISE THE AMOUNT OF CHILD SUPPORT GIVEN TO AN AFDC RECIPIENT THAT IS COLLECTED BY THE DEPARTMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 20-7-936 SO AS TO REQUIRE THE PARENT OF A CHILD TO SUPPORT A GRANDCHILD IF THE PARENT OF THE GRANDCHILD IS UNDER EIGHTEEN YEARS OF AGE; TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 3 BY ADDING PART II SO AS TO AUTHORIZE AND PROVIDE PROCEDURES FOR THE ENFORCEMENT OF CHILD SUPPORT THROUGH THE REVOCATION OF BUSINESS, OCCUPATIONAL, AND PROFESSIONAL LICENSES, DRIVERS' LICENSES, COMMERCIAL AND RECREATIONAL HUNTING, FISHING, AND TRAPPING LICENSES AND WATERCRAFT REGISTRATIONS; TO AMEND TITLE 20, CHAPTER 7 BY ADDING ARTICLE 32 SO AS TO ESTABLISH AND PROVIDE PROCEDURES FOR THE ESTABLISHMENT AND ENFORCEMENT OF PATERNITY AND CHILD SUPPORT THROUGH AN ADMINISTRATIVE PROCESS; TO AMEND SECTION 43-5-65, RELATING TO ELIGIBILITY FOR AFDC, SO AS TO REVISE CERTAIN REQUIREMENTS AND TO EXTEND CERTAIN REQUIREMENTS TO ELIGIBILITY FOR MEDICAID; TO AMEND SECTION 43-5-590, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT CONCERNING THE CHILD SUPPORT PLAN, SO AS TO INCLUDE IN RIGHTS ASSIGNED TO THE STATE THE ASSIGNMENT OF THE RIGHT TO COLLECT HEALTH CARE EXPENSES AND MEDICAID REIMBURSEMENT; TO AMEND SECTION 44-7-77, RELATING TO ESTABLISHMENT OF THE IN-HOSPITAL PATERNITY ACKNOWLEDGMENT PROGRAM, SO AS TO FURTHER PROVIDE FOR PROCEDURES TO OBTAIN ACKNOWLEDGMENTS AND TO REQUIRE CERTAIN INFORMATION TO BE SUBMITTED; TO AMEND SECTION 44-63-165, RELATING TO AMENDING BIRTH CERTIFICATES ON ACKNOWLEDGMENT OF PATERNITY, SO AS TO AUTHORIZE THE DEPARTMENT TO RECEIVE A PATERNITY ACKNOWLEDGMENT AT NO CHARGE UPON REQUEST FOR ESTABLISHING CHILD SUPPORT OBLIGATIONS; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR WAIVERS FROM THE FEDERAL GOVERNMENT TO IMPLEMENT CERTAIN PROVISIONS OF THIS ACT; AND TO DESIGNATE SECTIONS 20-70-840 THROUGH 20-7-938 AS PART I, SUBARTICLE 3, ARTICLE 9, CHAPTER 7, TITLE 20 AND NAMED "CHILD SUPPORT PROCEEDINGS AND ENFORCEMENT".
Reps. HODGES, COBB-HUNTER and NEAL proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BR1\18211AC.95), which was tabled.
Amend the bill, as and if amended, Part V, by adding an appropriately numbered section to read:
/SECTION __. In order to ensure the success of a family's ability to retain employment, adequate child care must be available. The State of South Carolina shall provide child care vouchers providing one hundred dollars per month, for up to two children, for families with total income up to one hundred eighty-five percent of the federal poverty level. The department shall administer the program, and eligible families may apply at department county offices./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment and moved to adjourn debate upon the amendment.
Rep. HUFF moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Boan Brown, H. Cain Cato Chamblee Cotty Dantzler Delleney Easterday Fair Fleming Harrell Harris, J. Harrison Herdklotz Huff Hutson Jaskwhich Keegan Kinon Kirsh Klauber Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Meacham Rice Richardson Riser Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Tripp Trotter Vaughn Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Beatty Breeland Brown, G. Cave Clyburn Cobb-Hunter Cromer Gamble Harvin Hines Hodges Inabinett Kelley Kennedy Lloyd McAbee McMahand Neal Sheheen Shissias Spearman Stoddard Thomas Whipper, L. Whipper, S. White Wilder Wilkes Worley
So, the amendment was tabled.
Rep. HODGES proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\BR1\18202AC.95).
Amend the bill, as and if amended, Part III, Section 12, by adding at the end:
/This program must include a family planning assessment when it is determined by the department that an assessment is appropriate. The department shall coordinate with the Department of Health and Environmental control to provide the AFDC family at department county offices with education, evaluation, and counseling, consistent with Medicaid regulations, on available voluntary methods of controlling family size. If a recipient chooses a birth control method including, but not limited to, tubal ligation or vasectomy, for which Medicaid will not pay, the department shall pay for that birth control method. Family planning services must be available to any family whose income is at or below one hundred eighty-five percent of the federal poverty level to prevent families from needing AFDC due to unwanted pregnancies. No funds under this section may be expended for an abortion./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. SHISSIAS spoke in favor of the amendment.
Rep. SHISSIAS continued speaking.
Rep. SHISSIAS spoke in favor of the amendment.
Reps. McELVEEN and CROMER spoke in favor of the amendment.
Rep. FELDER spoke upon the amendment.
Rep. FELDER moved to adjourn debate upon the amendment, which was adopted.
Rep. HODGES proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\BR1\18207AC.95), which was tabled.
Amend the bill, as and if amended, page 3613-8, Part IV, by inserting on line 37 after Section 1:
/SECTION 2. No sooner than sixty and no later than ninety days after an AFDC recipient's benefits are terminated under the time limits for the receipt of AFDC established in Part IV, Section 1, the department shall conduct an assessment of and make recommendations, as appropriate, for the health and well-being of the children in the care and custody of the former AFDC recipient including, but not limited to, access to family preservation funds or foster care or orphanage placement./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. L. WHIPPER spoke in favor of the amendment.
Rep. HARRISON moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Baxley Boan Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Delleney Easterday Fair Fleming Gamble Harrell Harris, P. Harrison Harwell Haskins Herdklotz Huff Hutson Jaskwhich Keegan Kelley Kinon Kirsh Klauber Koon Lanford Law Limbaugh Littlejohn Marchbanks Mason McCraw Meacham Rice Richardson Riser Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Stuart Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Breeland Brown, G. Byrd Cave Clyburn Cobb-Hunter Cromer Elliott Govan Harris, J. Harvin Hines Hodges Howard Jennings Kennedy Keyserling Lloyd Martin McAbee McElveen McMahand McTeer Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Spearman Stille Stoddard Townsend Whipper, L. Whipper, S. White Wilder Wilkes Williams
So, the amendment was tabled.
Reps. HUFF, A. YOUNG, COTTY FLEMING, HARRISON and WILKINS proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\BR1\18204AC.95), which was adopted.
Amend the bill, as and if amended, page 3613-8, line 32, item (7), by striking /; or/ at the end and inserting /./.
Amend further, page 3613-8, by deleting item (8) beginning on line 33.
Renumber sections to conform.
Amend title to conform.
Rep. HUFF explained the amendment.
Rep. CROMER spoke against the amendment.
Rep. THOMAS spoke against the amendment and moved to adjourn debate upon the amendment.
Rep. SCOTT moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Beatty Breeland Brown, G. Brown, J. Byrd Cave Clyburn Cobb-Hunter Govan Hines Hodges Howard Hutson Inabinett Kennedy Keyserling Lloyd Martin McAbee McElveen McMahand McTeer Neal Scott Sheheen Shissias Spearman Thomas Whipper, L. Whipper, S. Wilder Wilkes Williams
Those who voted in the negative are:
Allison Bailey Baxley Boan Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Davenport Delleney Easterday Elliott Fair Felder Fleming Gamble Harrell Harris, J. Harris, P. Harrison Harwell Haskins Herdklotz Huff Jaskwhich Jennings Keegan Kelley Kinon Kirsh Klauber Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw Meacham Neilson Phillips Rhoad Rice Richardson Riser Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley White Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the House refused to table the amendment.
The question then recurred to the motion to table the motion to adjourn debate, which was agreed to by a division vote of 68 to 30.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. SCOTT proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\PFM\2718AC.95), which was tabled.
Amend the bill, as and if amended, Part III, Section 11, page 3613-5, by inserting /for the non-compliant recipient/ on line 28 after /benefits/ and on line 33 after /benefits/.
Amend title to conform.
Rep. SCOTT explained the amendment.
Rep. HUFF moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 59 to 23.
Reps. JENNINGS, SHISSIAS and THOMAS proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\BR1\18201AC.95), which was tabled.
Amend the bill, as and if amended, Part IV, Section 1, by adding at the end:
/(9) The recipient can establish by clear and convincing evidence to the department that the recipient has fully complied with the recipient's agreement with the department including:
(a) diligently seeking all available employment and following up on all employment opportunities known to the Employment Security Commission or related state agencies for which the recipient is qualified;
(b) demonstrating a willingness to relocate as provided in Part III, Section 4;
(c) cooperating fully with all state agencies in order to strive to become gainfully employed;
and the department is satisfied that no available employment reasonably exists for the recipient and that there is no other means of support reasonably available to the recipient's family. Every sixty days the department shall conduct a review of a recipient's compliance with the requirements of this item./
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. SHISSIAS spoke in favor of the amendment.
Rep. SHISSIAS spoke in favor of the amendment.
Rep. SCOTT spoke in favor of the amendment.
Reps. MARTIN, McMAHAND and GOVAN spoke in favor of the amendment.
Rep. COTTY moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Boan Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Fair Felder Fleming Gamble Harrell Harris, P. Harrison Herdklotz Huff Hutson Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw Meacham Quinn Rice Richardson Riser Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Stille Stuart Tripp Trotter Vaughn Walker Wells Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Beatty Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Elliott Govan Harris, J. Harwell Hines Hodges Howard Inabinett Jennings Kennedy Keyserling Kinon Lloyd Martin McAbee McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Spearman Thomas Whatley Whipper, L. White Wilder Wilkes Williams Worley
So, the amendment was tabled.
Rep. KIRSH proposed the following Amendment No. 19 (Doc Name L:\council\legis\amend\BR1\18226AC.95), which was adopted.
Amend the bill, as and if amended, Part III, Section 2, page 3613-3, by inserting after /name/ on line 15 /and telephone number/.
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Reps. McELVEEN and COBB-HUNTER proposed the following Amendment No. 21 (Doc Name L:\council\legis\amend\BR1\18199AC.95), which was tabled.
Amend the bill, as and if amended, Part III, by adding an appropriately numbered section to read:
/Section __. (A) To promote stability and longevity in employment, the department shall apply to the federal government for a waiver authorizing transitional Medicaid and child care for two years for AFDC clients who lose eligibility because of employment or who become employed after losing eligibility as a result of exceeding the AFDC time limits provided for in Part IV, Section 1.
(B) If the waiver applied for pursuant to subsection (A) is denied, the department shall apply to the federal government for a waiver authorizing a grant of five percent of the maximum family grant and supportive services of Medicaid and child care for one year from the date that the benefits would otherwise end for an employed AFDC recipient who would otherwise be ineligible because of income or from the date that a former recipient who had been found ineligible for exceeding the AFDC time limits set out in Part IV, Section 1 begins employment. Any benefits provided under this subsection may not count against the time limits provided for in Part IV, Section 1./
Renumber sections to conform.
Amend title to conform.
Rep. McELVEEN explained the amendment.
Rep. COTTY spoke against the amendment and moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Gamble Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Huff Hutson Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw Meacham Quinn Rice Richardson Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Stille Stuart Townsend Tripp Trotter Vaughn Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Govan Harwell Hines Hodges Howard Inabinett Jennings Kennedy Keyserling Lloyd Martin McAbee McElveen McMahand McTeer Moody-Lawrence Neal Phillips Rhoad Rogers Scott Sheheen Shissias Spearman Thomas Whipper, L. Whipper, S. White Wilkes Williams
So, the amendment was tabled.
The SPEAKER granted Rep. HINES a temporary leave of absence.
Rep. McELVEEN proposed the following Amendment No. 22 (Doc Name L:\council\legis\amend\BR1\18230AC.95), which was tabled.
Amend the bill, as and if amended, by deleting Part III, SECTION 1, beginning on Page 3612-2, and inserting:
/SECTION 1. The reform of the welfare system to assist persons in poverty become socially and economically independent is declared to be a critical priority of the State of South Carolina. To accomplish the goals of this act without duplication, every agency of state government must cooperate and coordinate their activities. The Office of the Governor is primarily responsible for coordination and the avoidance of duplication of services. The economic services operation of the Department of Social Services shall emphasize employment and training. In providing employment and training services statewide, the department shall use existing resources of the State and counties unless the Governor certifies that these resources cannot be reasonably provided by another department of government. The department shall assist recipients to maximize their strengths and abilities to become gainfully employed. Assistance must be provided to a family unit as long as there is satisfactory participation in employment and training activities required by the department./
Amend further, Part III, Section 2, page 3613-3, by deleting beginning on line 3:
/Assistance must be provided by the department's job development specialists who shall work with the private business and industrial community to match welfare recipients with available jobs./
and inserting
/Assistance must be provided in a manner that matches welfare recipients with available jobs./
Amend further, Part III, Section 2, by deleting subsection (C) beginning on page 3613-3, line 32, and inserting:
/(C) All services provided shall use existing resources within state agencies and within the private business community. Services to be coordinated by the department include, but are not limited to, assistance with child care and transportation, enrollment in literacy classes, adult education classes, General Equivalency Diploma classes, enrollment in technical schools, vocational training, work experience, and on-the-job training. Additionally, recipients shall participate in activities designed to assist them in job interviews./
Amend further, Part III, Section 3, page 3613-4, by deleting beginning on line 5 /To the extent possible, all/ and inserting /All/.
Renumber sections to conform.
Amend title to conform.
Rep. McELVEEN explained the amendment.
Rep. HUFF spoke against the amendment.
Rep. HARRISON moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Elliott Fair Fleming Gamble Hallman Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Huff Hutson Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw Meacham Phillips Quinn Rhoad Rice Richardson Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Stille Stuart Townsend Tripp Trotter Vaughn Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Baxley Boan Breeland Brown, G. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Govan Harvin Harwell Hodges Howard Inabinett Jennings Kennedy Keyserling Lloyd Martin McAbee McElveen McMahand McTeer Moody-Lawrence Neal Rogers Scott Sheheen Shissias Spearman Thomas Whipper, L. Whipper, S. Wilder Williams
So, the amendment was tabled.
Rep. McELVEEN proposed the following Amendment No. 23 (Doc Name L:\council\legis\amend\GJK\21502AC.95), which was tabled.
Amend the bill, as and if amended, Part III, Section 8, page 3613-4, by deleting on line 42 /department personnel/ and inserting /personnel of state and local agencies/
Renumber sections to conform.
Amend totals and title to conform.
Rep. McELVEEN explained the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to.
Reps. HUFF and HARRISON proposed the following Amendment No. 24 (Doc Name L:\council\legis\amend\BR1\18231AC.95), which was adopted.
Amend the bill, as and if amended, Part VI, Section 4, page 3613-25, line 12, by deleting /or Medicaid benefits for a minor child/; line 26, by deleting /or Medicaid benefits, or both/; and beginning on line 39 /and Medicaid/.
Renumber sections to conform.
Amend title to conform.
Rep. HUFF explained the amendment.
The amendment was then adopted.
Reps. INABINETT, COBB-HUNTER, MOODY-LAWRENCE, CAVE, J. YOUNG, LAW, DELLENEY, WOFFORD, BAXLEY, McTEER, WORLEY, J. HARRIS, WILLIAMS, P. HARRIS, WITHERSPOON, KOON, GAMBLE, McABEE, THOMAS, L. WHIPPER, JENNINGS, S. WHIPPER, KIRSH, DANTZLER, SCOTT, A. YOUNG, HODGES, WELLS, HASKINS, HOWARD, H. BROWN, CROMER, WILKINS, McMAHAND, STUART, HERDKLOTZ, TRIPP, STILLE, SHISSIAS, SHEHEEN, ANDERSON, SHARPE and RISER proposed the following Amendment No. 25 (Doc Name L:\council\legis\amend\JIC\5495AC.95), which was adopted.
Amend the bill, as and if amended, Part VIII, by adding an appropriately numbered SECTION to read:
/SECTION ___. Within sixty days of this act's effective date the Department of Social Services shall provide a copy of this act to each high school guidance counselor in South Carolina./
Renumber sections to conform.
Amend title to conform.
Rep. INABINETT explained the amendment.
The amendment was then adopted.
Rep. CLYBURN proposed the following Amendment No. 26 (Doc Name L:\council\legis\amend\PFM\7221AC.95), which was adopted.
Amend the bill, as and if amended, Part VIII, SECTION 1, Page 3613-29, by inserting after /recipients/ on Line 20 /and recommendations to enhance and improve employment and entrepreneurial opportunities for these recipients/.
Amend the bill further, Part VIII, SECTION 2, Page 3613-30, by inserting after /findings/ on Line 8 /and recommendations for improving and refining the South Carolina Family Independence Act/.
Amend title to conform.
Rep. CLYBURN explained the amendment.
The amendment was then adopted.
Rep. SCOTT proposed the following Amendment No. 27 (Doc Name L:\council\legis\amend\DKA\3750AC.95), which was rejected.
Amend the bill, as and if amended, page [3613-4], Part III, by striking SECTION 6 beginning on line 20 and inserting:
/SECTION 6. A. The 1976 Code is amended by adding:
"Section 12-7-1290. A taxpayer is allowed a credit against taxes due pursuant to this chapter in an amount equal to five hundred dollars for the first full year in which the taxpayer employs a person who had been an Aid to Families with Dependent Children (AFDC) recipient within the twelve months before being hired and a five hundred dollar tax credit in each successive year the AFDC recipient remains employed for a full year, not to exceed five years."
B. This section is effective for tax years beginning after 1994./
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
The amendment was then rejected.
Rep. HODGES proposed the following Amendment No. 28 (Doc Name L:\council\legis\amend\JIC\5497AC.95), which was tabled.
Amend the bill, as and if amended, Part V, by adding an appropriately numbered SECTION to read:
/SECTION ___. All federal child care funds are needed to ensure that AFDC families can successfully participate in the AFDC program. The General Assembly in the 1995-96 annual appropriations act shall appropriate $1,779,000 to match $6,073,000 in federal child care funds which are not currently being brought down to assist families in the State.
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. COTTY moved to table the amendment, which was agreed to by a division vote of 59 to 27.
Reps. HODGES, MARTIN and COBB-HUNTER proposed the following Amendment No. 29 (Doc Name L:\council\legis\amend\BR1\18202AC.95), which was tabled.
Amend the bill, as and if amended, Part III, Section 12, by adding at the end:
/This program must include a family planning assessment when it is determined by the department that an assessment is appropriate. The department shall coordinate with the Department of Health and Environmental control to provide the AFDC family at department county offices with education, evaluation, and counseling, consistent with Medicaid regulations, on available voluntary methods of controlling family size. If a recipient chooses a birth control method including, but not limited to, tubal ligation or vasectomy, for which Medicaid will not pay, the department shall pay for that birth control method. Family planning services must be available to any family whose income is at or below the federal poverty level to prevent families from needing AFDC due to unwanted pregnancies. No funds under this section may be expended for an abortion. The effective date of this section is September 1, 1996./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. MARTIN spoke in favor of the amendment.
Rep. MARTIN continued speaking.
Rep. SPEARMAN spoke in favor of the amendment.
Rep. HARRISON spoke against the amendment.
Rep. SHISSIAS spoke in favor of the amendment.
Rep. HARRISON moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Boan Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Elliott Fair Fleming Fulmer Hallman Harrell Harrison Haskins Herdklotz Huff Hutson Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Richardson Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Beatty Breeland Brown, G. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Delleney Gamble Govan Harris, J. Harris, P. Harvin Harwell Hodges Howard Jennings Kennedy Keyserling Kinon Kirsh Lloyd Martin McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Spearman Stille Stuart Townsend Whipper, L. Whipper, S. White Wilder Wilkes Williams Witherspoon Worley
So, the amendment was tabled.
Rep. HUFF moved immediate cloture on the entire matter.
Rep. KEYSERLING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Baxley Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Elliott Fair Fleming Fulmer Hallman Harrell Harris, J. Harris, P. Harrison Harvin Harwell Haskins Herdklotz Huff Hutson Jennings Kelley Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Martin Mason McCraw Meacham Phillips Quinn Rice Richardson Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Stille Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Beatty Boan Breeland Brown, G. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Gamble Govan Hodges Howard Keegan Kennedy Keyserling Kirsh Lloyd McAbee McElveen McTeer Moody-Lawrence Neal Neilson Rogers Scott Sheheen Shissias Spearman Whipper, L. Whipper, S. White Wilder Wilkes Williams
So, immediate cloture was ordered.
Rep. CROMER moved to reconsider the vote whereby Amendment No. 29 was tabled.
Rep. ROBINSON moved to table the motion to reconsider.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Elliott Fair Fleming Fulmer Hallman Harrell Harrison Haskins Herdklotz Huff Hutson Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Richardson Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Gamble Govan Harris, J. Harris, P. Harwell Hodges Howard Jennings Kennedy Keyserling Kinon Kirsh Lloyd Martin McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Spearman Stille Stuart Thomas Townsend Whipper, L. Whipper, S. White Wilder Wilkes Williams Witherspoon
So, the motion to reconsider was tabled.
Rep. FAIR proposed the following Amendment No. 30 (Doc Name L:\council\legis\amend\PT\1760AC.95), which was adopted.
Amend the bill, as and if amended, Part V, SECTION 1, Page 3613-9, by inserting after /./ on Line 31 /The State may provide benefits to a child born after ten months in the form of vouchers that may be used only to pay for particular goods and services specified by the State as needed for the child's mother to participate in education training and employment related activities./
Amend title to conform.
Rep. FAIR explained the amendment.
Rep. MOODY-LAWRENCE moved to table the amendment, which was not agreed to.
The amendment was then adopted by a division vote of 61 to 21.
Rep. HOWARD moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Breeland Carnell Cave Cobb-Hunter Hodges Howard Kennedy Lloyd McAbee Neal Scott White Wilkes
Those who voted in the negative are:
Allison Askins Bailey Baxley Beatty Boan Brown, H. Cain Cato Chamblee Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harrison Harvin Harwell Haskins Herdklotz Huff Hutson Inabinett Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw McElveen McMahand McTeer Meacham Phillips Quinn Rhoad Rice Richardson Robinson Sandifer Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Whipper, S. Wilder Wilkins Williams Witherspoon Wofford Wright Young, A. Young, J.
So, the House refused to adjourn.
Rep. HODGES proposed the following Amendment No. 31 (Doc Name L:\council\legis\amend\DKA\3751AC.95), which was tabled.
Amend the bill, as and if amended, Part V, by adding an appropriately numbered SECTION to read:
/SECTION __. In order to ensure the success of a family's ability to retain employment, adequate child care must be available. The State of South Carolina shall provide child care vouchers for up to three hundred dollars a year for each child under six years of age in a family with a total family income below the federal poverty level. The department shall administer the program, and eligible families may apply at department county offices./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to by division vote of 59 to 32.
Rep. HODGES proposed the following Amendment No. 32 (Doc Name L:\council\legis\amend\BR1\18218AC.95), which was tabled.
Amend the bill, as and if amended, page 3613-8, Part IV, by inserting on line 37 after Section 1:
/SECTION 2. No later than six months after an AFDC recipient's benefits are terminated under the time limits for the receipt of AFDC established in Part IV, Section 1, the department shall conduct an assessment of and make recommendations, as appropriate, for the health and well-being of the children in the care and custody of the former AFDC recipient including, but not limited to, access to family preservation funds or foster care or orphanage placement./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Boan Cain Cato Cooper Cotty Dantzler Davenport Delleney Easterday Elliott Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Haskins Herdklotz Huff Hutson Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw Meacham Neilson Quinn Rice Richardson Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Stuart Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Beatty Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Govan Harwell Hines Hodges Howard Inabinett Jennings Kennedy Keyserling Kinon Lloyd Martin McAbee McElveen McMahand McTeer Neal Rhoad Scott Sheheen Shissias Spearman Whipper, L. Whipper, S. White Wilder Wilkes Williams
So, the amendment was tabled.
Reps. HODGES, COBB-HUNTER and NEAL proposed the following Amendment No. 33 (Doc Name L:\council\legis\amend\BR1\18211AC.95), which was tabled.
Amend the bill, as and if amended, Part V, by adding an appropriately numbered section to read:
/SECTION __. In order to ensure the success of a family's ability to retain employment, adequate child care must be available. The State of South Carolina shall provide child care vouchers providing one hundred dollars per month, for up to two children, for families with total income up to one hundred eighty-five percent of the federal poverty level. The department shall administer the program, and eligible families may apply at department county offices. The provisions of this section shall take effect September 1, 1996./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES moved to table the amendment, which was agreed to.
Reps. WILKES, NEAL, COBB-HUNTER, HODGES and McELVEEN proposed the following Amendment No. 34 (Doc Name L:\council\legis\amend\BR1\18213AC.95), which was adopted.
Amend the bill, as and if amended, Part IV, Section 4, page 3613-9, by inserting after /training/ on line 9 /or to start a business/.
Renumber sections to conform.
Amend title to conform.
Rep. WILKES explained the amendment.
The amendment was then adopted.
Rep. BEATTY proposed the following Amendment No. 35 (Doc Name L:\council\legis\amend\GJK\21512SD.95), which was tabled.
Amend the bill, as and if amended, Part IV, Section 1, page 3613-8, by adding at the end of Section 1:
/However, if an AFDC family is no longer eligible for assistance due to the time limits provided for in this section, the adult AFDC recipient in the family must be removed from the AFDC family budget and the children in the family remain in the budget with AFDC benefits to be paid on behalf of the children to the department as the representative payee for the children in the family./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BEATTY explained the amendment.
Reps. COTTY and HUFF spoke against the amendment.
Rep. COTTY moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Delleney Easterday Elliott Fair Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Herdklotz Huff Hutson Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw Meacham Quinn Rhoad Rice Richardson Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Stille Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Beatty Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Davenport Govan Harris, J. Harris, P. Harwell Hines Hodges Howard Inabinett Jennings Keyserling Kinon Lloyd Martin McAbee McElveen McMahand Moody-Lawrence Neal Neilson Phillips Rogers Scott Sheheen Shissias Spearman Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
Rep. NEAL proposed the following Amendment No. 36 (Doc Name L:\council\legis\amend\JIC\5499AC.95), which was tabled.
Amend the bill, as and if amended, Part IV, Section 1, by adding an appropriately numbered item to read:
/( ) an AFDC recipient has failed, in good faith, to become gainfully employed but volunteers in the public sector for twenty hours a week./
Renumber items to conform.
Amend title to conform.
Rep. NEAL explained the amendment.
Rep. FLEMING spoke against the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. HARRISON spoke against the amendment and moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Baxley Boan Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Huff Hutson Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw Meacham Phillips Quinn Rice Richardson Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Beatty Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Govan Harwell Hines Hodges Howard Inabinett Jennings Keyserling Kinon Lloyd McAbee McElveen McMahand McTeer Moody-Lawrence Neal Neilson Rhoad Scott Sheheen Shissias Spearman Whipper, L. Whipper, S. White Wilkes
So, the amendment was tabled.
Reps. HARRELL and SCOTT proposed the following Amendment No. 37 (Doc Name L:\council\legis\amend\PFM\7223AC.95), which was adopted.
Amend the bill, as and if amended, Part III, page 3613-4, by deleting SECTION 6 on lines 20-29, and inserting:
/SECTION 6. The General Assembly shall provide by law for a tax credit for employers who hire welfare recipients who have received AFDC benefits for more than twenty-four months and who, in addition, wherever possible, provide health and medical insurance benefits to the former AFDC recipient employees. The Department of Revenue and Taxation and the Department of Commerce shall cooperate with the department to coordinate and develop a proposed tax credit for private businesses and in developing this tax credit shall consider the tax credit provisions contained in Section 12-10-70 of the Enterprise Zone Act of 1995./
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Reps. HINES and NEILSON proposed the following Amendment No. 38 (Doc Name L:\council\legis\amend\DKA\3753AC.95), which was tabled.
Amend the bill, as and if amended, Part IV, page 3613-8, by adding a paragraph at the end of SECTION 1:
/An AFDC recipient who is no longer eligible to receive assistance due to the time limits provided for under this section, may appeal the determination of ineligibility under the provisions of the Administrative Procedures Act./
Amend title to conform.
Rep. HINES explained the amendment.
Rep. HUFF spoke against the amendment.
Rep. HUFF moved to table the amendment.
Rep. HINES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Boan Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Haskins Herdklotz Huff Hutson Keegan Kelley Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Martin Mason Meacham Quinn Rice Richardson Robinson Sandifer Sharpe Sheheen Simrill Smith, R. Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Beatty Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Govan Harvin Harwell Hines Hodges Howard Inabinett Keyserling Lloyd McAbee McCraw McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Scott Shissias Spearman Whipper, L. Whipper, S. White Wilkes
So, the amendment was tabled.
Reps. NEAL, CAVE and CLYBURN proposed the following Amendment No. 39 (Doc Name L:\council\legis\amend\PT\1763AC.95), which was tabled.
Amend the bill, as and if amended, Part VIII, by adding an appropriately numbered SECTION to read:
/SECTION . The Department of Social Services shall monitor and report to the General Assembly before February 15, 1996 on the incidence in AFDC families of:
(1) abortions;
(2) reports of child abuse and neglect received by the department including whether the report was deemed as indicated or unfounded;
(3) deaths of a child./
Renumber sections to conform.
Amend title to conform.
Rep. NEAL explained the amendment.
Rep. HUFF spoke against the amendment and moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Cain Cato Chamblee Cotty Dantzler Easterday Fleming Fulmer Gamble Hallman Harrell Harrison Herdklotz Huff Hutson Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw Quinn Rice Richardson Robinson Sandifer Sharpe Smith, D. Smith, R. Stille Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cooper Cromer Davenport Delleney Fair Govan Harris, J. Harris, P. Harvin Harwell Haskins Hines Hodges Howard Inabinett Jennings Keyserling Kinon Lloyd Martin McAbee McElveen McMahand Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Simrill Spearman Whipper, L. Whipper, S. White Wilder Wilkes Williams
So, the amendment was tabled.
Reps. CAVE and NEAL proposed the following Amendment No. 40 (Doc Name L:\council\legis\amend\GJK\21513AC.95), which was tabled.
Amend the bill, as and if amended, Part VIII, by adding an appropriately numbered section to read:
/SECTION ____. The Department of Social Services shall report to the General Assembly thirty, thirty-six, and forty-two months after this act's effective date on the number of AFDC recipients who became ineligible for assistance as a result of the time limits imposed under Part IV, Section 1, and who subsequently were convicted or pled guilty or nolo contendere to a criminal offense./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CAVE explained the amendment.
Rep. COTTY moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 57 to 29.
Reps. CAVE and NEAL proposed the following Amendment No. 42 (Doc Name L:\council\legis\amend\GJK\21514AC.95), which was tabled.
Amend the bill, as and if amended, Part III, Section 2(C), by adding at the end:
/All services required to be provided or coordinated by the department under this section to AFDC recipients also must be provided to persons who are unemployed and who have exhausted their unemployment benefits and must be provided through maximizing existing resources within state agencies and within the private business community./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CAVE explained the amendment.
Rep. COTTY spoke against the amendment.
Rep. COTTY moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Baxley Boan Brown, H. Cain Cato Chamblee Cotty Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Haskins Herdklotz Huff Hutson Jennings Keegan Kelley Keyserling Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Martin Mason McCraw Meacham Neilson Phillips Quinn Rice Richardson Robinson Sandifer Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Stuart Thomas Tripp Trotter Vaughn Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Beatty Breeland Brown, J. Brown, T. Carnell Cave Clyburn Cobb-Hunter Govan Harvin Hines Hodges Howard Inabinett Kennedy Lloyd McAbee McMahand Moody-Lawrence Neal Scott Shissias Spearman Whipper, S. White Williams
So, the amendment was tabled.
Rep. CAVE proposed the following Amendment No. 43 (Doc Name L:\council\legis\amend\DKA\3757AC.95), which was tabled.
Amend the bill, as and if amended, Part III, by deleting SECTION 7 on page 3613-4 and inserting:
/SECTION 7. Each state agency shall establish recruitment and hiring goals which shall target ten percent of all jobs requiring a high school diploma or less to be filled with welfare or food stamp recipients and an additional ten percent of such jobs to be filled by persons who have been on unemployment and who have exhausted their unemployment benefits. A question concerning receipt of AFDC benefits, food stamps, or unemployment benefits may be added to the state employment application for purposes of targeting these applicants. Each agency annually shall report to the department the number of welfare recipients employed and persons formerly on unemployment employed in comparison to the established goals./
Renumber sections to conform.
Amend title to conform.
Rep. CAVE explained the amendment.
Rep. HUFF moved to table the amendment.
Rep. CAVE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 60 to 23.
Reps. JENNINGS, THOMAS, HUFF and HARRISON proposed the following Amendment No. 44 (Doc Name L:\council\legis\amend\JIC\5502AC.95), which was adopted.
Amend the bill, as and if amended, Part IV, Section 1, by adding at the end:
/(9) The recipient can establish by clear and convincing evidence to the department that the recipient has fully complied with the recipient's agreement with the department including:
(a) diligently seeking all available employment and following up on all employment opportunities known to the Employment Security Commission or related state agencies for which the recipient is qualified;
(b) demonstrating a willingness to relocate as provided in Part III, Section 4;
(c) cooperating fully with all state agencies in order to strive to become gainfully employed;
and the department is satisfied that no available employment reasonably exists for the recipient and that there is no other means of support reasonably available to the recipient's family. Every sixty days the department shall conduct a review of the recipient's compliance with the requirements of this item, and assistance extended pursuant to this item only may be extended for an additional twelve months if the person is engaged in education, training, or other employment-related activities./
Amend title to conform.
Rep. JENNINGS explained the amendment.
The amendment was then adopted by a division vote of 69 to 29.
Rep. CROMER proposed the following Amendment No. 45 (Doc Name L:\council\legis\amend\BR1\18225AC.95), which was adopted.
Amend the bill, as and if amended, Part III, Section 2, page 3613-3, by inserting after /period/ on line 24 /of no more than sixty days or until the applicant obtains employment, whichever occurs first./
Renumber sections to conform.
Amend title to conform.
Rep. CROMER explained the amendment.
The amendment was then adopted.
Rep. HODGES proposed the following Amendment No. 46 (Doc Name L:\council\legis\amend\BR1\18219AC.95), which was adopted.
Amend the bill, as and if amended, by deleting Part VIII beginning on page 3613-29 and inserting:
On or about August 31, 1996, and every two years thereafter the Legislative Audit Council shall evaluate and report to the General Assembly on the success and effectiveness of the policies and programs created in this act. In conducting this evaluation the council shall identify the number of AFDC families and individuals no longer receiving welfare, the number of individuals who have completed educational, employment, or training programs under this act, the number of individuals who have become employed and the duration of their employment, and other data and information the council considers appropriate in reporting to the General Assembly on the effectiveness of this act./
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. HUFF moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Cain Cato Chamblee Cotty Dantzler Davenport Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Herdklotz Huff Kelley Klauber Koon Lanford Limehouse Marchbanks Mason McCraw Meacham Rice Robinson Sandifer Smith, D. Smith, R. Thomas Tripp Trotter Vaughn Wells Whatley Wilkins Witherspoon Young, J.
Those who voted in the negative are:
Anderson Askins Bailey Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Govan Harris, J. Harvin Harwell Hines Hodges Hutson Inabinett Jennings Kennedy Keyserling Kinon Kirsh Knotts Law Limbaugh Littlejohn Lloyd McAbee McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Quinn Richardson Scott Sharpe Sheheen Shissias Simrill Spearman Stille Stuart Townsend Walker Whipper, L. Whipper, S. White Wilder Wilkes Williams Wofford Worley Wright Young, A.
So, the House refused to table the amendment.
Rep. HUFF spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Beatty Boan Breeland Brown, G. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cromer Delleney Govan Harris, J. Harris, P. Harvin Harwell Hines Hodges Howard Hutson Inabinett Jennings Kennedy Keyserling Kinon Kirsh Limbaugh Littlejohn Lloyd McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Richardson Scott Sharpe Sheheen Shissias Spearman Stille Stuart Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley Young, A.
Those who voted in the negative are:
Allison Brown, H. Brown, J. Cain Carnell Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Herdklotz Huff Keegan Kelley Klauber Knotts Koon Lanford Law Limehouse Marchbanks Mason McAbee Meacham Quinn Rice Robinson Sandifer Simrill Smith, D. Smith, R. Thomas Townsend Tripp Trotter Vaughn Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, J.
So, the amendment was adopted.
Rep. CAVE proposed the following Amendment No. 47 (Doc Name L:\council\legis\amend\JIC\5503AC.95), which was tabled.
Amend the bill, as and if amended, Part V, Section 1, page 3613-9, by deleting /there must be no/ on line 27 and inserting /the/; and inserting after /AFDC/ on line 30 /only may be an increase of fifty percent of the amount that would have resulted from adding a member to the AFDC family budget/.
Amend title to conform.
Rep. CAVE explained the amendment.
Rep. COTTY spoke against the amendment.
Rep. COTTY moved to table the amendment.
Rep. CAVE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Boan Brown, H. Cain Carnell Cato Chamblee Cotty Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Huff Hutson Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason McAbee McCraw Meacham Phillips Quinn Rice Richardson Robinson Sandifer Sharpe Sheheen Simrill Smith, R. Spearman Stille Stuart Thomas Tripp Vaughn Walker Wells Whatley Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Beatty Breeland Brown, G. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cromer Govan Harvin Hines Hodges Howard Inabinett Kennedy Lloyd McMahand McTeer Moody-Lawrence Neal Scott Shissias Whipper, L. Whipper, S. White Williams
So, the amendment was tabled.
Rep. SHARPE moved to reconsider the vote whereby Amendment No. 46 was adopted.
Rep. GOVAN moved to table the motion to reconsider.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Davenport Delleney Govan Harris, J. Harris, P. Harvin Hines Hodges Howard Inabinett Jennings Kennedy Keyserling Kinon Kirsh Limbaugh Lloyd McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Richardson Rogers Scott Sheheen Shissias Spearman Stille Stuart Townsend Whipper, L. Whipper, S. White Wilder Wilkes Williams
Those who voted in the negative are:
Allison Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Herdklotz Huff Hutson Keegan Kelley Klauber Knotts Koon Lanford Law Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Thomas Tripp Trotter Vaughn Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, J.
So, the motion to reconsider was tabled.
Rep. NEILSON proposed the following Amendment No. 48 (Doc Name L:\council\legis\amend\DKA\3758AC.95), which was tabled.
Amend the bill, as and if amended, Part IV, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 20-7-420 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) to suspend the sentence and require a person found in contempt of court for failing to pay child support to perform community service."/
Renumber items and sections to conform.
Amend title to conform.
Rep. NEILSON moved to table the amendment, which was agreed to.
Rep. LANFORD proposed the following Amendment No. 49 (Doc Name L:\council\legis\amend\JIC\5504AC.95), which was adopted.
Amend the bill, as and if amended, Part III, by deleting SECTION 6 on page 3613-4 beginning on line 20 and inserting:
/SECTION 6. A. The 1976 Code is amended by adding:
Section 12-7-1280. (A) A taxpayer, who employs a person who within twelve months of becoming employed received Aid to Families with Dependent Children and who continuously has remained employed for twelve months, is allowed a credit against taxes due under this chapter for wages paid to the employee in an amount equal to:
(1) twenty percent of wages up to six thousand dollars paid for the first year of employment;
(2) fifteen percent of wages up to six thousand dollars paid for the second year of employment;
(3) ten percent of wages up to six thousand dollars paid for the third year of employment.
(B) The Department of Social Services and the South Carolina Employment Security Commission must make information available to employers interested in hiring AFDC recipients and must provide documentation to employers verifying a person's status as an AFDC recipient.
B. This section applies to tax years beginning after 1994./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LANFORD explained the amendment.
Rep. COTTY spoke against the amendment and moved to table the amendment.
Rep. LANFORD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Cain Cato Chamblee Cotty Easterday Fair Fleming Fulmer Govan Hallman Harrell Harrison Haskins Herdklotz Huff Hutson Keegan Kirsh Limbaugh Marchbanks Mason Robinson Smith, R. Stuart Tripp Walker Wells Whatley Wilkins Young, A. Young, J.
Those who voted in the negative are:
Allison Anderson Askins Bailey Beatty Boan Breeland Brown, G. Brown, H. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Dantzler Davenport Delleney Gamble Harris, J. Harris, P. Harvin Hines Hodges Howard Inabinett Jennings Kelley Kennedy Keyserling Kinon Klauber Knotts Koon Lanford Law Limehouse Littlejohn Lloyd McAbee McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rice Richardson Sandifer Scott Sharpe Sheheen Shissias Simrill Smith, D. Spearman Stille Townsend Trotter Vaughn Whipper, L. Whipper, S. White Wilder Wilkes Williams Witherspoon Wofford Worley Wright
So, the House refused to table the amendment.
Rep. HUFF spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. SPEARMAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Davenport Gamble Govan Harris, P. Harvin Hines Hodges Howard Inabinett Jennings Kennedy Keyserling Kinon Klauber Knotts Lanford Littlejohn Lloyd McAbee McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Sandifer Scott Sharpe Sheheen Shissias Simrill Spearman Stille Trotter Vaughn Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley Wright
Those who voted in the negative are:
Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Delleney Easterday Elliott Fair Fleming Fulmer Hallman Harrell Harris, J. Harrison Harwell Haskins Herdklotz Huff Hutson Keegan Kelley Kirsh Koon Law Limbaugh Marchbanks Mason Quinn Rice Richardson Robinson Smith, R. Stuart Thomas Townsend Tripp Walker Wells Whatley Wilkins Witherspoon Wofford Young, A. Young, J.
So, the amendment was adopted.
Rep. WRIGHT moved to reconsider the vote whereby Amendment No. 49 was adopted.
Rep. KENNEDY moved to table the motion to reconsider, which was agreed to by a division vote of 55 to 44.
Rep. SHISSIAS proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\PFM\7212AC.95), which was tabled.
Amend the bill, as and if amended, page 3613-11, Part V, Section 7, by deleting /or/ on line 32, and by inserting after /parent/ on line 34 /, or when the mother for other good faith reason is unable to identify the father. This good cause determination must be reviewed and approved by a department supervisor or program director/.
Amend title to conform.
Rep. SHISSIAS moved to table the amendment, which was agreed to.
Reps. HODGES, COBB-HUNTER and NEAL proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\BR1\18211AC.95), which was tabled.
Amend the bill, as and if amended, Part V, by adding an appropriately numbered section to read:
/SECTION __. In order to ensure the success of a family's ability to retain employment, adequate child care must be available. The State of South Carolina shall provide child care vouchers providing one hundred dollars per month, for up to two children, for families with total income up to one hundred eighty-five percent of the federal poverty level. The department shall administer the program, and eligible families may apply at department county offices./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 6, which was proposed on Wednesday, March 1, by Rep. HODGES.
Rep. HODGES explained the amendment.
Rep. HUFF moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Bailey Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Easterday Fair Fleming Harrell Harrison Haskins Herdklotz Huff Hutson Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Richardson Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Stille Thomas Townsend Tripp Trotter Vaughn Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Askins Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Davenport Delleney Elliott Gamble Govan Harris, J. Harris, P. Harvin Harwell Hines Hodges Howard Inabinett Jennings Kennedy Keyserling Kinon Lloyd McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rogers Scott Sheheen Shissias Spearman Stuart Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley
So, the amendment was tabled.
Rep. CROMER proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\PFM\7217AC.95), which was tabled.
Amend the bill, as and if amended, Part V, page 3613-9, beginning on line 26, by deleting SECTION 1.
Renumber sections to conform.
Amend title to conform.
Rep. CROMER explained the amendment.
Rep. HARRISON spoke against the amendment and moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Boan Brown, H. Cain Cato Chamblee Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Elliott Fair Fleming Gamble Harrell Harris, J. Harrison Harvin Harwell Haskins Herdklotz Huff Hutson Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Martin Mason McCraw McElveen Meacham Phillips Quinn Rice Richardson Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Breeland Brown, G. Brown, T. Byrd Canty Carnell Cave Cobb-Hunter Cromer Harris, P. Hines Howard Inabinett Keyserling Lloyd McAbee McMahand McTeer Moody-Lawrence Neal Neilson Scott Sheheen Whipper, S. White Williams
So, the amendment was tabled.
Rep. CANTY proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\BR1\18221AC.95), which was tabled.
Amend the bill, as and if amended, Part III, Section 11, page 3613-5, by deleting /thirty-day/ on line 23 and inserting /sixty-day/.
Renumber sections to conform.
Amend title to conform.
Rep. CANTY explained the amendment.
Rep. HUFF spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. KIRSH moved to reconsider the vote whereby Amendment No. 6 was tabled.
Rep. HARRISON moved to table the motion to reconsider.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Fair Fleming Harrell Harrison Haskins Herdklotz Huff Hutson Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Richardson Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Stille Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Beatty Boan Breeland Brown, G. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Elliott Gamble Govan Harris, J. Harvin Harwell Hines Hodges Howard Inabinett Jennings Kennedy Keyserling Kirsh Lloyd Martin McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rogers Scott Sheheen Shissias Spearman Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley
So, the motion to reconsider was tabled.
Rep. RICE proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\BR1\18216AC.95), which was tabled.
Amend the bill, as and if amended, Part IV, Section 1, page 3613-8, line 34, by inserting /or private nonprofit/ after /public/.
Amend further, Part IV, Section 1, page 3613-8, by inserting after the /./ on line 36 /An AFDC recipient whose benefits are extended under this item for having volunteered for twenty hours a week shall submit a weekly volunteer hour statement to the department signed by the recipient and the recipient's supervisor./
Amend further, Part IV, Section 1, by inserting on page 3613-8 at the end of Section 1:
/The Department of Social Services monthly shall publish a list of all AFDC recipients by county who are seeking volunteer service positions and shall make this list available to the public sector and to the private nonprofit sector./
Renumber sections to conform.
Amend title to conform.
Rep. RICE moved to table the amendment, which was agreed to.
Reps. NEILSON, GOVAN, HINES, COBB-HUNTER and SHISSIAS proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\GJK\21503AC.95), which was tabled.
Amend the bill, as and if amended, Part VI, by adding an appropriately numbered section to read:
/SECTION ____. Section 20-7-420 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) To require, in its discretion and upon a showing of good cause, a parent or custodian of a child who receives child support on behalf of a child to submit to the parent paying the support or to the court, or both, at such times as the court requires, an accounting of expenditures made from the child support received and evidence of these expenditures as the court requires."/
Amend title to conform.
Renumber sections to conform.
Rep. NEILSON moved to table the amendment, which was agreed to.
Reps. JENNINGS and THOMAS proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\BR1\18228AC.95), which was tabled.
Amend the bill, as and if amended, Part IV, Section 1, by adding at the end:
/(9) The recipient resides in an economically depressed county, as defined by the Department of Commerce, and can establish by clear and convincing evidence to the department that the recipient has fully complied with the recipient's agreement with the department including:
(a) diligently seeking all available employment and following up on all employment opportunities known to the Employment Security Commission or related state agencies for which the recipient is qualified;
(b) demonstrating a willingness to relocate as provided in Part III, Section 4;
(c) cooperating fully with all state agencies in order to strive to become gainfully employed;
and the department is satisfied that no available employment reasonably exists for the recipient and that there is no other means of support reasonably available to the recipient's family. Every sixty days the department shall conduct a review of the recipient's compliance with the requirements of this item, and assistance extended pursuant to this item only may be extended for an additional twelve months./
Amend title to conform.
Rep. JENNINGS moved to table the amendment, which was agreed to.
Rep. JENNINGS proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\BR1\18227AC.95), which was tabled.
Amend the bill, as and if amended, Part IV, Section 1, by adding at the end:
/(9) The recipient resides in an economically depressed county, as defined by the Department of Commerce, and can establish by clear and convincing evidence to the department that the recipient has fully complied with the recipient's agreement with the department including:
(a) diligently seeking all available employment and following up on all employment opportunities known to the Employment Security Commission or related state agencies for which the recipient is qualified;
(b) demonstrating a willingness to relocate as provided in Part III, Section 4;
(c) cooperating fully with all state agencies in order to strive to become gainfully employed;
and the department is satisfied that no available employment reasonably exists for the recipient and that there is no other means of support reasonably available to the recipient's family. Every sixty days the department shall conduct a review of the recipient's compliance with the requirements of this item./
Amend title to conform.
Rep. JENNINGS moved to table the amendment, which was agreed to.
Rep. FAIR proposed the following Amendment No. 20 (Doc Name L:\council\legis\amend\BR1\18223AC.95), which was tabled.
Amend the bill, as and if amended, Part V, Section 6, page 3613-11, by inserting after /./ on line 12 /Additionally, information concerning fetal development, birth parent services, and adoption must be provided to AFDC recipients./
Amend further, Part VI, Section 1, page 3613-12, by inserting before /"/ on line 26 /Additionally information concerning birth parent services and adoption must be provided to the parents and grandparents./
Renumber sections to conform,
Amend title to conform.
Rep. FAIR moved to table the amendment, which was agreed to.
Rep. RICHARDSON proposed the following Amendment No. 41 (Doc Name L:\council\legis\amend\DKA\3754AC.95), which was tabled.
Amend the bill, as and if amended, Part IV, Section 1, by adding at the end:
/(9) The recipient can establish by clear and convincing evidence to the department that the recipient has fully complied with the recipient's agreement with the department including:
(a) diligently seeking all available employment and following up on all employment opportunities known to the Employment Security Commission or related state agencies for which the recipient is qualified;
(b) demonstrating a willingness to relocate as provided in Part III, Section 4;
(c) cooperating fully with all state agencies in order to strive to become gainfully employed;
and the department is satisfied that no available employment reasonably exists for the recipient and that there is no other means of support reasonably available to the recipient's family. Every sixty days the department shall conduct a review of a recipient's compliance with the requirements of this item, and assistance extended pursuant to this item may be extended for not more than sixty months./
Renumber items to conform.
Amend title to conform.
Rep. RICHARDSON moved to table the amendment, which was agreed to.
Reps. NEAL, L. WHIPPER, G. BROWN, INABINETT, SHISSIAS, WILLIAMS, T. BROWN, CANTY and COBB-HUNTER spoke against the Bill.
Reps. CROMER, HODGES, HARWELL and BEATTY spoke in favor of the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. HARRISON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Beatty Boan Brown, H. Brown, T. Cain Carnell Cato Chamblee Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Harvin Harwell Haskins Herdklotz Hodges Huff Hutson Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Martin Mason McCraw McElveen McMahand McTeer Meacham Neilson Phillips Quinn Rice Richardson Robinson Rogers Sandifer Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Breeland Brown, G. Brown, J. Byrd Canty Cave Cobb-Hunter Govan Hines Howard Inabinett Kennedy McAbee Moody-Lawrence Neal Scott Shissias Whipper, L. Whipper, S. White Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
Lloyd (Present) Nay
Rhoad (Absent) Aye
While much of this Bill is based on progressive welfare reform efforts begun last legislative session, I cannot in good conscience support this Bill given the punitive nature of several of its provisions. These provisions, namely the time limit and the denial of additional payments for additional children, will adversely impact the most vulnerable segments of our society. Furthermore, it fails to adequately address comprehensive family planning and a "safety net" for those who are compliant, but for no fault of their own, cannot secure employment. The long term impact of this legislation will not be self-sufficiency and family preservation. Its legacy will be increased abortions, more crime, family disintegration due to increased abuse and neglect of children.
Rep. GILDA COBB-HUNTER
After fully considering the impact and ramifications of H. 3613 and the many amendments that were placed on the desk and considered by the House, I have come to the conclusion that I cannot support this Bill. I must admit the H. 3613 contains facts and information that I do agree with, but the overall impact on the many citizens that I represent in District 50 will be of such magnitude that I cannot support the Bill.
Many House members tried unsuccessfully to raise a 24 month cap which would bring to an end the benefits that many of my constituents depend on for their very existence. Many of these mothers are not making a living but merely existing on AFDC benefits. I do feel that most of the individuals who live in House District 50 and receive AFDC benefits would exchange these benefits immediately for the chance of a job and a means to support themselves and their families and provide a better way of life for everyone in their family. I would have voted in the affirmative for this Bill if the House had changed the 24 month cap on benefits to 42 months or three and a half years.
Respectfully submitted,
Rep. GRADY A. BROWN
I am including this statement in the House Journal to indicate my reasons for not supporting H. 3613, otherwise known as the Welfare Reform Bill.
The bill as presently written includes the cap of twenty-four months on recipients of welfare, even though the bill, in other areas, has done what I think is a good job of crafting alternatives for welfare recipients in the areas of job training, support services, enabling mates or fathers to come back into the families. The bill still contains several flaws and features that I think represent a poison pill to the welfare reform concept. The welfare reform package currently, again, has a twenty-four month cap on benefits to a recipient. I do not think removing these benefits after twenty-four months is a good idea for South Carolina.
It is important that we be realistic and understand that individuals on welfare in this State find themselves in a unique situation. For example, we know in South Carolina that individuals on welfare, typically in this State, stay on welfare less than two years, and have less than 2.7 children. We know, for example, that this State spends less than 1% of its budget on welfare reform. We know, for example, that there are currently only thirty-seven young women with children living independently on welfare in this State. We know, for example, that we have the 46th lowest welfare payout for AFDC in the country. We know that the abuses in welfare in this state simply are not of such a magnitude in nature as to necessitate the withdrawal of support for over 110,000 children in this State. 71% of all welfare recipients in this State are children, and we are talking about removing for them the ability to have clothing and shelter, the ability to have a decent quality of life by removing from them the minimum support that this State gives its welfare recipients.
If welfare recipients are not staying on welfare for years and years, are not having exorbitant numbers of children, as the statistics indicates, why then are we moving to punish these children who oftentimes find themselves in dire circumstances because their parents tend to be that population among us who are least educated and have the greatest obstacles to employment, obstacles such as child care, lack of transportation and in many cases, health problems.
I think that it is necessary for us to be honest in our efforts to reform welfare. Yes, the many positive things that this bill presents should indeed be incorporated into welfare reform. There should be a greater emphasis on personal responsibility. Yes, there should be a greater opportunity or efforts made to secure opportunities for employment; there should be sanctions put in place for those who don't cooperate; however, I think it is also necessary for us to be honest in this debate and to look at the actual circumstances in which these people find themselves and to be realistic in finding remedies for them, and it is for these reasons that I cannot support the present welfare reform bill, H. 3613.
Rep. JOSEPH H. NEAL
I am voting for H. 3613, the Welfare Reform Bill, although I have several reservations.
First, family planning for those in poverty is critical if parents are to become trained and employed. Every child born to a mother on welfare or a birth puts a mother on welfare mires her deeper into dependency.
Second, too many South Carolinians will never break the dependency cycle despite their best efforts; many will bounce back and forth on the welfare system, losing one low-paying job after another. These are the type people welfare was designed to help in the first place. The full House took out the very modest "safety net" that was in the Judiciary Committee amendment.
We must continue to work to correct the shortcomings of this bill. Perhaps House members will be ready to make the adjustments necessary to make this a good bill when it comes back from the Senate.
Rep. JOSEPH T. McELVEEN, JR.
I voted for H. 3613 (Welfare Reform). I support the concept of welfare reform, however, there were several key elements which I support which were not included in the bill. They were 1) child care provisions 2) family planning services 3) and additional "safety net" provisions after the twenty-four month period expires. There were close votes taken on amendments to include these provisions which I supported, but these amendments all ultimately failed.
It is my feeling that the Senate will include these provisions in their version of the bill. I will continue to support this effort.
Rep. TIMOTHY C. WILKES
I was not present for the final vote on second reading on House Bill 3613. However, I was present all day and voted for passage of the bill each time amendments were offered. As a co-sponsor of the bill and Chairman of the Health Care/Social Service Subcommittee which provided funds for the first component for Welfare Reform in the budget, I wanted to state that had I been present on the final vote I would have voted for its passage and did vote for its passage on third reading.
Rep. JOHN G. FELDER
Due to a long standing commitment I had to leave the House floor before the final vote was taken on House Bill 3613.
I would like for the record to reflect that had I been present I would have voted in the affirmative.
Rep. JOHN W. RISER
Rep. HUFF moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3498 -- Reps. Breeland, Cobb-Hunter, Kelley, Scott, White, R. Smith, Howard, Govan, Wilder, Simrill, Wells, Richardson, Hines, Stoddard, Clyburn, Allison, McMahand, Neilson, L. Whipper, Cave, Shissias, Limbaugh, McKay, Keegan, Byrd, Stille, Anderson, Cain, Trotter, Sandifer, Davenport, Kinon, Mason, Phillips, Klauber, Limehouse, Jaskwhich, Fair, Huff, Herdklotz, Hutson, Elliott, Lloyd, Whatley, Walker, J. Brown, Rhoad, Cotty, Tripp, Wright, Moody-Lawrence, and S. Whipper: A CONCURRENT RESOLUTION DECLARING THE WEEK OF MARCH 24-31, 1996, AS "SOUTH CAROLINA GLAUCOMA AWARENESS WEEK".
H. 3643 -- Rep. Harrison: A CONCURRENT RESOLUTION TO RECOGNIZE THE OUTSTANDING WORK PERFORMED BY THE CHIROPRACTIC PROFESSION IN THE UNITED STATES AND IN SOUTH CAROLINA ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY THIS YEAR AND TO DECLARE THURSDAY, MARCH 30, 1995, AS "SOUTH CAROLINA CHIROPRACTIC CENTENNIAL DAY" IN SOUTH CAROLINA.
H. 3672 -- Reps. T. Brown and Thomas: A CONCURRENT RESOLUTION SALUTING KENNETH WRIGHT OF GEORGETOWN COUNTY FOR HIS ACTS OF HEROISM AND BRAVERY IN SAVING THE LIFE OF A FELLOW HUMAN BEING FROM A BURNING HOME.
H. 3673 -- Rep. T. Brown: A CONCURRENT RESOLUTION SALUTING DARELL NETTLES OF GEORGETOWN COUNTY FOR HIS ACTS OF HEROISM AND BRAVERY IN SAVING THE LIFE OF A FELLOW HUMAN BEING FROM A BURNING HOME.
H. 3680 -- Reps. Canty, Inabinett and Stuart: A CONCURRENT RESOLUTION SALUTING ROBERT W. DWYER OF SUMTER FOR HIS DEVOTION TO HIS NATION, STATE, AND COMMUNITY.
H. 3681 -- Rep. Keyserling: A CONCURRENT RESOLUTION RECOGNIZING AND APPLAUDING THE EFFORTS OF MAIN STREET BEAUFORT, USA AND CELEBRATING ITS TENTH ANNIVERSARY BY NOTING ITS MANY SUCCESSES.
H. 3682 -- Rep. Law: A CONCURRENT RESOLUTION TO CONGRATULATE THE BERKELEY HIGH SCHOOL FOOTBALL TEAM, HEAD COACH JERRY BROWN AND HIS STAFF, AND SCHOOL OFFICIALS FOR WINNING THE CLASS AAAA DIVISION II STATE FOOTBALL CHAMPIONSHIP, AND TO RECOGNIZE THE DEDICATION, DRIVE, AND HARD WORK OF THIS FINE TEAM OF FOOTBALL PLAYERS AND THEIR COACHES.
At 9:35 P.M. the House in accordance with the motion of Rep. SHISSIAS adjourned in memory of Hattie Mood Harrison of Columbia, to meet at 10:00 A.M. tomorrow.
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