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

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| Printed Page 3981, May 24 | Printed Page 4000, May 24 |

Printed Page 3990 . . . . . Wednesday, May 24, 1995

(1) When the respective Houses of the General Assembly adjourn on Thursday, June 1, 1995, at 5:00 p.m., they shall stand adjourned to meet at 10:00 a.m. on June 12, 13, 14, 15, and 16, 1995, for consideration of local and uncontested matters which have the unanimous consent of the members of the delegation affected by the legislation and for consideration of resolutions expressing sympathy or congratulations, provided that the President of the Senate and the Speaker of the House are authorized to meet on Thursday, June 8, 1995, for the ratification of acts which have been enrolled before that date; and

(2) When the General Assembly adjourns on Friday, June 16, 1995, it shall stand adjourned until 11:00 a.m., Monday, June 19, 1995, in statewide session and to continue in statewide session, if necessary, no later than 5:00 P.M., Thursday, June 22, 1995, for the consideration of:

(a) gubernatorial vetoes;

(b) receipt or confirmation, or both, of appointments;

(c) ratification of acts;

(d) local matters where the affected delegation is unanimous;

(e) concurrent resolutions setting the election of persons to fill vacancies for judicial offices and the election of these judicial offices where screening has been completed and a report issued by the Joint Legislative Screening Committee;

(f) concurrent resolutions setting the election of persons to fill the judicial offices created in the 1995-96 General Appropriations Act;

(g) receipt or consideration, or both, of conference and free conference reports.

(3) When the General Assembly adjourns on Thursday, June 22, 1995, it shall stand adjourned to meet at 12:00 noon on Tuesday, October 24, 1995, solely for the purpose of electing persons in joint assembly to fill vacancies for judicial offices including the judicial offices created in the 1995-96 General Appropriations Act where screening has been completed and a report issued by the Joint Legislative Screening Committee and provide that when the election of these judicial offices is finished, the respective bodies of the General Assembly adjourn SINE DIE./

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

SPEAKER IN CHAIR



Printed Page 3991 . . . . . Wednesday, May 24, 1995

Rep. HODGES proposed the following Amendment No. 2, which was tabled.

Amend to delete at line 31 after the word "adjourned" through the word "finished" on line 35.

Rep. HODGES explained the amendment.

Rep. D. SMITH moved to table the amendment.

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

Yeas 73; Nays 29

Those who voted in the affirmative are:

Allison          Bailey           Baxley
Brown, G.        Brown, H.        Cain
Carnell          Cato             Clyburn
Cooper           Cotty            Dantzler
Delleney         Easterday        Fair
Fleming          Fulmer           Gamble
Hallman          Harrell          Harris, J.
Harrison         Haskins          Herdklotz
Hutson           Jaskwhich        Jennings
Kelley           Kinon            Klauber
Knotts           Koon             Lanford
Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       Mason
McAbee           Quinn            Rhoad
Rice             Richardson       Riser
Robinson         Sandifer         Seithel
Sharpe           Sheheen          Shissias
Simrill          Smith, D.        Smith, R.
Stille           Stoddard         Stuart
Townsend         Tripp            Trotter
Tucker           Vaughn           Walker
Wells            Whatley          Wilkes
Wilkins          Witherspoon      Wofford
Worley           Wright           Young, A.
Young, J.

Total--73



Printed Page 3992 . . . . . Wednesday, May 24, 1995

Those who voted in the negative are:
Anderson         Askins           Breeland
Brown, J.        Brown, T.        Byrd
Cave             Cobb-Hunter      Cromer
Govan            Hines            Hodges
Howard           Inabinett        Keegan
Kennedy          Keyserling       Kirsh
Lloyd            McMahand         Moody-Lawrence
Neilson          Rogers           Scott
Spearman         Whipper, L.      Whipper, S.
White            Wilder

Total--29

So, the amendment was tabled.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BAILEY a leave of absence for the remainder of the day due to surgery.

Rep. SCOTT proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BBM\10328AC.95), which was tabled.

Amend the bill, as and if amended, page 2, by deleting section (e).

Reletter items to conform.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. A. YOUNG moved to table the amendment.

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

Yeas 77; Nays 26

Those who voted in the affirmative are:

Allison          Baxley           Boan
Brown, H.        Cain             Cato
Chamblee         Cooper           Cotty
Dantzler         Davenport        Delleney
Easterday        Fair             Fleming
Fulmer           Gamble           Hallman
Harrell          Harris, J.       Harrison

Printed Page 3993 . . . . . Wednesday, May 24, 1995

Haskins          Herdklotz        Hodges
Hutson           Jaskwhich        Jennings
Keegan           Kelley           Keyserling
Kinon            Kirsh            Klauber
Knotts           Koon             Lanford
Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       Mason
McCraw           Neilson          Quinn
Rhoad            Rice             Richardson
Riser            Robinson         Sandifer
Seithel          Sharpe           Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Spearman         Stille
Stoddard         Stuart           Townsend
Tripp            Trotter          Tucker
Vaughn           Walker           Wells
Whatley          Wilder           Wilkins
Witherspoon      Wofford          Wright
Young, A.        Young, J.

Total--77

Those who voted in the negative are:

Anderson         Askins           Breeland
Brown, G.        Brown, J.        Brown, T.
Byrd             Cave             Clyburn
Cobb-Hunter      Cromer           Govan
Harvin           Hines            Howard
Inabinett        Kennedy          Lloyd
McAbee           McMahand         Moody-Lawrence
Scott            Whipper, L.      Whipper, S.
White            Wilkes

Total--26

So, the amendment was tabled.


Printed Page 3994 . . . . . Wednesday, May 24, 1995

Rep. SCOTT moved to table the Concurrent Resolution and demanded the yeas and nays, which were taken resulting as follows:
Yeas 7; Nays 83

Those who voted in the affirmative are:

Byrd             Cobb-Hunter      Govan
Howard           McMahand         Scott
White

Total--7

Those who voted in the negative are:

Allison          Askins           Baxley
Boan             Brown, G.        Brown, H.
Cain             Cato             Chamblee
Clyburn          Cooper           Cotty
Cromer           Dantzler         Davenport
Delleney         Easterday        Fair
Fleming          Fulmer           Gamble
Hallman          Harrell          Harris, J.
Harrison         Harvin           Haskins
Herdklotz        Hodges           Hutson
Jaskwhich        Jennings         Keegan
Kelley           Kennedy          Keyserling
Kinon            Kirsh            Klauber
Knotts           Koon             Lanford
Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       Mason
McCraw           McKay            Neilson
Quinn            Rhoad            Rice
Richardson       Riser            Robinson
Sandifer         Seithel          Sharpe
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Spearman
Stille           Stoddard         Stuart
Tripp            Trotter          Tucker
Vaughn           Wells            Whatley
Wilder           Wilkes           Wilkins

Printed Page 3995 . . . . . Wednesday, May 24, 1995

Witherspoon      Wofford          Wright
Young, A.        Young, J.

Total--83

So, the House refused to table the Resolution.

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

H. 4237--DEBATE ADJOURNED

Rep. J. BROWN moved to adjourn debate upon the following Concurrent Resolution until Friday, January 19, 1996, which was adopted.

H. 4237 -- Reps. Scott and J. Brown: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY 555 IN RICHLAND COUNTY IN HONOR OF KAY PATTERSON.

Rep. J. BROWN moved that the House recede until 2:30 P.M., which was adopted.

THE HOUSE RESUMES

At 2:30 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised. A quorum was later present.

LEAVE OF THE HOUSE

The SPEAKER granted Reps. H. BROWN, HARRELL and FELDER a leave of the House due to the Budget Conference Committee meeting.

RECURRENCE TO THE MORNING HOUR

Rep. HASKINS moved that the House recur to the morning hour, which was agreed to.


Printed Page 3996 . . . . . Wednesday, May 24, 1995

S. 365--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 24, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 365:
S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.
and asks for a Committee of Conference and has appointed Senators Setzler, Bryan and Stilwell of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. TOWNSEND, ALLISON and WRIGHT to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.


Printed Page 3997 . . . . . Wednesday, May 24, 1995

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 24, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Holland, Moore and Courson of the Committee of Conference on the part of the Senate on S. 219:
S. 219 -- Senators Greg Smith, Leventis, Cork, Rankin, Thomas and Hayes: A BILL TO AMEND SECTION 16-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.
Very respectfully,
President

Received as information.

H. 3613--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 24, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3613:
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;


Printed Page 3998 . . . . . Wednesday, May 24, 1995

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
Printed Page 3999 . . . . . Wednesday, May 24, 1995

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
Printed Page 4000 . . . . . Wednesday, May 24, 1995

NAMED "CHILD SUPPORT PROCEEDINGS AND ENFORCEMENT".
and asks for a Committee of Conference and has appointed Senators Thomas, Washington and Wilson of the Committee of Conference on the part of the Senate.

Very respectfully,
President


| Printed Page 3981, May 24 | Printed Page 4000, May 24 |

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