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

Page Finder Index

| Printed Page 2760, May 11 | Printed Page 2780, May 16 |

Printed Page 2770 . . . . . Thursday, May 11, 1995

(B) If a former recipient's employer offers or provides health insurance coverage for the former recipient and/or the former recipient's family at an out-of-pocket cost to the former recipient which is less than ten percent of the former recipient's wages after deducting Federal Income Collection Act contributions, no Medicaid coverage may be provided to a family member who could be covered under the employer-provided insurance plan./

Renumber sections to conform.

Amend title to conform.

Senator SHORT explained the amendment.

Amendment No. 5A

Senator SHORT asked unanimous consent to make a motion that Amendment No. 5A (PT\2022AC.95), proposed by Senator SHORT, be substituted for Amendment No. 5.

There was no objection and the motion was adopted.

Senator SHORT proposed the following Amendment No. 5A (PT\2022AC.95), which was adopted:

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 one additional year for AFDC clients who lose eligibility because of employment or who become employed after losing eligibility as a result of exceeding the twenty-four month time limit set out in Part IV, Section 1 for two years and whose earnings are less than poverty and whose continued employment would be jeopardized by medical expenditures. If this waiver is denied, the department shall apply to the federal government for a waiver authorizing a grant of three 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


Printed Page 2771 . . . . . Thursday, May 11, 1995

the twenty-four month time limit set out in Part IV, Section 1, begins employment. Benefits provided under this section do not count against the twenty-four month time limit set out in Part IV, Section 1.

(B) If a former recipient's employer offers or provides health insurance coverage for the former recipient and/or the former recipient's family at an out-of-pocket cost to the former recipient which is less than ten percent of the former recipient's wages after deducting Federal Income Collection Act contributions, no Medicaid coverage may be provided to a family member who could be covered under the employer-provided insurance plan./

Renumber sections to conform.

Amend title to conform.

Senator SHORT explained the amendment.

Senator SHORT moved that the amendment be adopted.

The amendment was adopted.

There being no further amendments, the question then was the third reading of the Bill.

Senator THOMAS spoke on the Bill.

Senator WASHINGTON spoke on the Bill.

Senator SHORT spoke on the Bill.

Senator MOORE spoke on the Bill.

The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

CARRIED OVER

H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.


Printed Page 2772 . . . . . Thursday, May 11, 1995

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

On motion of Senator MOORE, the Bill was carried over.

THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.

CARRIED OVER

S. 144 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND TERMS OF OFFICE OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT THE BOARD'S OFFICE MAY BE LOCATED AT A PLACE OTHER THAN THE COUNTY SEAT WHEN IT IS NOT POSSIBLE OR PRACTICABLE TO DO SO.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

On motion of Senator MOORE, the Bill was carried over.

CARRIED OVER

S. 760 -- Senator Moore: A BILL TO AMEND SECTION 40-55-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS CONSTITUTING THE PRACTICE OF PSYCHOLOGY, SO AS TO INCLUDE PRACTICING PSYCHOLOGY.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

On motion of Senator MOORE, the Bill was carried over.

DEBATE INTERRUPTED

H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.


Printed Page 2773 . . . . . Thursday, May 11, 1995

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator PASSAILAIGUE spoke on the Bill.

On motion of Senator MOORE, with unanimous consent, debate was interrupted by adjournment, Senator PASSAILAIGUE retaining the floor.

Motion Adopted

Confirmation Requested

On motion of Senator ELLIOTT, with unanimous consent, the appointment of Mr. Gerald Whitley of North Myrtle Beach, S.C., as magistrate for Horry County would be confirmed upon receipt of the appointment from the Governor with the requisite forms.

LOCAL APPOINTMENTS

Confirmations

Having received a favorable report from the Charleston County Delegation, the following appointments were confirmed in open session:

Initial Appointments, Charleston Naval Facilities Redevelopment Authority, with terms to commence April 24, 1995, and to expire April 24, 1999:

North Charleston:

Mr. Lonnie Hamilton, III, 4304 Waterview Circle, North Charleston, S.C. 29418

Mr. Virgil C. Johnston, 5249 Lancaster Street, North Charleston, S.C. 29405

Mr. Gary C. McJunkin, 3841 Chestnut Street, Charleston, S.C. 29405

Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 1995, and to expire April 24, 1997:

Charleston County:

Mr. G. Allen Meetze, 3 Marsh Point Lane, Isle of Palms, S.C. 29451

Having received a favorable report from the Dorchester County Delegation, the following appointment was confirmed in open session:


Printed Page 2774 . . . . . Thursday, May 11, 1995

Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 1995, and to expire April 24, 1999:

Dorchester County:

Mr. James C. Bryan, Post Office Box 771, Summerville, S.C. 29484

Time Fixed

By prior motion of Senator COURTNEY of Thursday, February 9, 1995, the Senate agreed that, when the Senate stands adjourned on Thursdays in statewide session, it stand adjourned to reconvene on Fridays at 11:00 A.M., under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up; and that, when the Senate stands adjourned on Fridays, it stand adjourned to reconvene on Tuesdays at 12:00 Noon.

ADJOURNMENT

At 1:15 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

* * *


Printed Page 2775 . . . . . Friday, May 12, 1995

Friday, May 12, 1995

(Local Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT, Senator LANDER.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4180 -- Reps. Vaughn, Herdklotz, Cato, Easterday, Jaskwhich, Tripp, Rice, Anderson and McMahand: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GREENVILLE COUNTY VOTING PRECINCTS, SO AS TO CHANGE POLLING PLACES, RENAME PRECINCTS, AND ADD PRECINCTS.

(By prior motion of Senator J. VERNE SMITH)

THIRD READING BILLS

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 786 -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND ACT 959 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE YORK COUNTY NATURAL GAS AUTHORITY, SO AS TO EXPAND THE SERVICE AREA TO A PORTION OF CHEROKEE COUNTY; TO INCREASE THE BOARD OF DIRECTORS OF THE AUTHORITY FROM SIX TO TEN MEMBERS AND CHANGE ITS COMPOSITION; TO PROVIDE THAT ANY MEMBER OF THE AUTHORITY HAVING THREE UNEXCUSED ABSENCES DURING A CALENDAR YEAR MUST BE REMOVED BY THE GOVERNOR; TO AUTHORIZE THE AUTHORITY TO PURCHASE, MANUFACTURE, PRODUCE, AND TRANSPORT LIQUEFIED NATURAL GAS, COMPRESSED NATURAL GAS, OR PROPANE; TO CORRECT ARCHAIC REFERENCES; TO AUTHORIZE THE AUTHORITY TO ESTABLISH A RESERVE FUND; TO DELETE THE REQUIREMENT THAT ALL UNENCUMBERED REVENUES FROM THE SYSTEM BE PAID OVER TO YORK COUNTY AND THE


Printed Page 2776 . . . . . Friday, May 12, 1995

MUNICIPALITIES SERVED BY THE AUTHORITY AND PROVIDE THAT THESE FUNDS MUST BE USED INSTEAD TO EXPAND THE SYSTEM OR TO REDUCE CUSTOMER RATES; AND TO PROVIDE THAT THE AUTHORITY MUST DURING THE MONTH OF DECEMBER OF EACH YEAR CONDUCT AN ANNUAL MEETING OF THE MEMBERS OF THE COUNTY LEGISLATIVE DELEGATION, COUNTY COUNCIL, AND MUNICIPAL COUNCILS FOR THE PURPOSE OF REPORTING THE PREVIOUS YEAR'S ACTIVITIES AND FUTURE EXPANSION PLANS OF THE AUTHORITY.

(By prior motion of Senator HAYES)

S. 828 -- Senators Waldrep and O'Dell: A BILL TO AMEND ACT 46 OF 1950, RELATING TO THE DESIGNATION AND AFFIRMATION OF THE SPECIFIC AUTHORITY, RESPONSIBILITIES, AND POWERS OF THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REAFFIRM THE AUTHORITY OF THE BOARD TO ISSUE TAX ANTICIPATION NOTES SIMILAR TO AND CONSISTENT WITH THE TERMS AND PROVISIONS OF PARAGRAPH FOUR OF SECTION 11-27-50 OF THE 1976 CODE.

(By prior motion of Senator WALDREP)

ADJOURNMENT

At 11:13 A.M., on motion of Senator PATTERSON, the Senate adjourned to meet next Tuesday, May 16, 1995, at 12:00 Noon.

* * *


Printed Page 2777 . . . . . Tuesday, May 16, 1995

Tuesday, May 16, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

In the spirit of Mother's Day, celebrated this past Sunday throughout the land, we read in Exodus (Chapter 2:9):

"And Pharaoh's daughter said to her (Jochabed,

the mother of Moses), `Take this child

away, and nurse him for me, and I will give

you your wages'."
Let us pray.

Our Heavenly Father, we pause in the legislative process to give thanks to You for providing our mothers as the human instruments for giving us life and bringing us, each one by one, into this world.

For our mothers who probably were the first who folded our hands and taught us to pray, and to believe, and to love God and our fellow human beings, we give You our thanks.

And, whether our mothers are in Heaven or by Your grace continue with us yet on earth, help us each day to put forward the values of life they taught us in our homes.

And so we pray with William Merrill when he prayed:

"Not for battleship and fortress,

Not for conquests of the sword,

But for conquests of the spirit

We give thanks to You, O Lord!

For the home, the church, the school,

Strong as when its life began,

Till it find complete fruition

By the guiding of Your hand."

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.


Printed Page 2778 . . . . . Tuesday, May 16, 1995

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 8, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointment

Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 1995, and to expire April 24, 1997:

Berkeley County:

Thaddeus J. Bell, M.D., 80 Monte Sano Drive, Hanahan, S.C. 29406

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 16, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointment

Initial Appointment, Clarendon County Probate Judge, with term to commence January 5, 1993, and to expire January 7, 1997:

Ralph F. Cothran, Post Office Drawer 700, Manning, S.C. 29102 VICE Honorable Julien Weinberg (resigned)


Printed Page 2779 . . . . . Tuesday, May 16, 1995

Received as information.

Doctor of the Day

Senator COURSON introduced Dr. Kathryn Barden of Columbia, S.C., Doctor of the Day.

Leave of Absence

At 1:00 P.M., Senator RICHTER requested a leave of absence until 4:00 P.M.

H. 3362--CONFERENCE COMMITTEE APPOINTED

Message from the House

Columbia, S.C., May 11, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

H. 3362

GENERAL APPROPRIATION BILL

asks for a Committee of Conference, and has appointed Reps. H. Brown, Felder and Harrell of the committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators DRUMMOND, J. VERNE SMITH and PEELER of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

H. 3363--CONFERENCE COMMITTEE APPOINTED

Message from the House

Columbia, S.C., May 11, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.


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