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

Page Finder Index

| Printed Page 4550, Apr. 14 | Printed Page 4570, Apr. 14 |

Printed Page 4560 . . . . . Thursday, April 14, 1994

S. 1001 -- Senators Hayes and Giese: A BILL TO AMEND SECTION 44-95-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO PROVIDE THAT LOCAL SCHOOL DISTRICT BOARDS ARE NOT PROHIBITED FROM MAKING SCHOOL DISTRICT FACILITIES SMOKE FREE; TO PROVIDE AN EXCEPTION FOR GOVERNMENTAL ENTITIES THAT HAD A NONSMOKING POLICY IN EFFECT IN GOVERNMENTAL BUILDINGS BEFORE AUGUST 1, 1990; AND TO DESIGNATE THE PROVISIONS OF THE CLEAN INDOOR AIR ACT AS CHAPTER 95, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 1330 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO THE PRACTICE OF COSMETOLOGY, DESIGNATED AS REGULATION DOCUMENT


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NUMBER 1729, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Rep. WALDROP, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Askins           Bailey, G.
Bailey, J.       Baker            Barber
Baxley           Boan             Breeland
Brown, G.        Brown, H.        Brown, J.
Canty            Carnell          Cato
Chamblee         Clyborne         Cobb-Hunter
Cooper           Cromer           Davenport
Delleney         Fair             Farr
Felder           Gamble           Govan
Hallman          Harrell          Harrelson
Harris, J.       Harris, P.       Harrison
Harwell          Haskins          Hines
Hodges           Holt             Houck
Huff             Hutson           Inabinett
Jaskwhich        Jennings         Keegan
Kelley           Kennedy          Keyserling
Kinon            Kirsh            Klauber
Koon             Lanford          Law
Littlejohn       Marchbanks       Martin
Mattos           McAbee           McCraw
McKay            McLeod           McMahand
McTeer           Meacham          Moody-Lawrence
Neal             Neilson          Phillips
Rhoad            Richardson       Riser
Robinson         Rudnick          Scott
Sharpe           Sheheen          Shissias
Simrill          Smith, D.        Smith, R.
Snow             Spearman         Stille
Stoddard         Stone            Stuart
Sturkie          Thomas           Townsend
Trotter          Tucker           Vaughn
Waites           Waldrop          Walker

Printed Page 4562 . . . . . Thursday, April 14, 1994

Wells            White            Wilder, D.
Wilder, J.       Wilkes           Wilkins
Williams         Witherspoon      Wofford
Worley           Wright           Young, A.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Thursday, April 14. Donald W. "Don" Beatty Lindsey O. Graham Roland S. Corning Timothy F. Rogers Larry L. Elliott Alma W. Byrd Stephen E. Gonzales Richard M. Quinn, Jr.

Total Present--119

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on Thursday, April 14.

C. Alex Harvin, III

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on Wednesday, April 13.

Morgan Martin

DOCTOR OF THE DAY

Announcement was made that Dr. Sutton L. Graham of Greenville, is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.

H. 4955 -- Reps. Holt, J. Bailey, Gonzales, Barber, Whipper, Breeland, Inabinett, J. Harris, Harrell and Fulmer: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER TO A LOCAL PUBLIC ENTITY APPROVED BY THE BOARD, AN AMOUNT NOT TO EXCEED SIX HUNDRED THOUSAND DOLLARS FROM MONIES SET ASIDE FOR THE PATRIOT'S POINT DEVELOPMENT AUTHORITY PURSUANT TO THE PROVISIONS OF SECTION 51-13-860 OF THE 1976 CODE, AND


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PROVIDE THAT THESE MONIES MUST BE LOANED FOR A PERIOD NOT TO EXCEED THREE YEARS AT AN INTEREST RATE TO BE DETERMINED BY THE STATE TREASURER, WITH THE MONEY FROM THIS LOAN USED BY THE ENTITY EXCLUSIVELY FOR THE BENEFIT OF SPOLETO FESTIVAL, USA.

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 5056 -- Reps. Delleney, McCraw and Wilkes: A BILL TO PROVIDE A PROCEDURE BY WHICH A BINDING REFERENDUM MAY BE INITIATED TO DETERMINE IF THE AUTHORITY OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF CHESTER TO ADOPT AN ANNUAL BUDGET AND SET TAX LEVIES FOR THE OPERATION OF THE SCHOOL DISTRICT IS DEVOLVED ON THE GOVERNING BODY OF CHESTER COUNTY.

H. 4836 -- Reps. McElveen, Neal, Shissias, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson, Wells, Boan, Hodges and Waldrop: A BILL TO ENACT THE OMNIBUS CHILD SUPPORT ENFORCEMENT ACT OF 1994 BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976; TO AMEND SECTION 20-7-955, RELATING TO SETTLEMENTS AND VOLUNTARY AGREEMENTS IN PATERNITY AND CHILD SUPPORT CASES SO AS TO REQUIRE THE COURT TO APPROVE THESE AGREEMENTS UPON A FINDING OF FAIRNESS AND TO REQUIRE THAT A SUMMONS AND COMPLAINT BE FILED WITH THESE AGREEMENTS; TO AMEND SECTION 20-7-956, RELATING TO ADMISSIBLE EVIDENCE AT A PATERNITY HEARING, SO AS TO INCLUDE VOLUNTARY ACKNOWLEDGMENTS OF PATERNITY, FOREIGN PATERNITY DETERMINATIONS, PATERNITY INDICATED ON BIRTH CERTIFICATES AND TO CREATE CERTAIN PRESUMPTIONS AND REBUTTABLE PRESUMPTIONS WITH REGARD TO THIS EVIDENCE; TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 5, RELATING TO THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO PROVIDE UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT AND TO PROVIDE CIVIL AND CRIMINAL ENFORCEMENT


Printed Page 4564 . . . . . Thursday, April 14, 1994

PROCEDURES; TO AMEND SECTION 15-35-910, RELATING TO DEFINITIONS IN THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT, SO AS TO REVISE A CROSS REFERENCE; TO PROVIDE FOR THE CONTINUED FORCE AND EFFECT OF LAWS AMENDED OR REPEALED BY THE UNIFORM INTERSTATE FAMILY SUPPORT ACT FOR CERTAIN PURPOSES; TO AMEND SECTION 43-5-220, AS AMENDED, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO PROVIDE THAT PAST DUE SUPPORT OWED THAT IS SUBJECT TO COLLECTION AND SETOFF BY THE DEPARTMENT OF REVENUE AND TAXATION INCLUDES HEALTH CARE EXPENSES; TO AMEND SECTION 43-5-590, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO ITS CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT THE ASSIGNMENT OF THE RIGHT TO SUPPORT INCLUDES THE RIGHT TO HEALTH CARE EXPENSES, THAT RECEIVING MEDICAID IS CONSIDERED TO BE AN ASSIGNMENT OF THE RIGHT TO SUPPORT, AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP AND DISTRIBUTE MATERIALS AND PROCEDURES TO HOSPITALS FOR USE IN OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS ON NEWBORNS; TO AMEND SECTION 44-7-320, AS AMENDED, RELATING TO GROUNDS FOR DENYING, REVOKING, OR SUSPENDING HOSPITAL LICENSES, SO AS TO PROVIDE AS AN ADDITIONAL GROUND THE FAILURE TO COMPLY WITH PROCEDURES FOR OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS; TO AMEND THE CODE BY ADDING SECTION 44-63-75 SO AS TO REQUIRE SOCIAL SECURITY NUMBERS ON BIRTH CERTIFICATES, MARRIAGE LICENSES, AND MARRIAGE CERTIFICATES; TO AMEND SECTION 44-63-165, RELATING TO AMENDMENTS TO BIRTH CERTIFICATES AFTER AN ACKNOWLEDGMENT OF PATERNITY, SO AS TO REQUIRE THE ACKNOWLEDGMENT TO BE RELEASED TO THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF ESTABLISHING PATERNITY AND A CHILD SUPPORT ORDER AND TO FURTHER PROVIDE THAT THESE ACKNOWLEDGMENTS MUST BE PROVIDED TO THE DEPARTMENT WITHOUT CHARGE; TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES SHALL RECEIVE ALL FEDERAL MATCHING FUNDS AVAILABLE FOR THE CHILD SUPPORT PROGRAM; TO DIRECT THE DEPARTMENT TO DEVELOP, IN CONJUNCTION WITH THE
Printed Page 4565 . . . . . Thursday, April 14, 1994

DEPARTMENT OF INSURANCE, A PROCEDURE FOR ATTACHING INSURANCE SETTLEMENTS FOR COLLECTING CHILD SUPPORT ARREARAGES; TO REQUIRE THE DEPARTMENT TO COLLABORATE WITH THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO UTILIZE THE COMMISSION BENEFIT INTERCEPT PROGRAM FOR WITHHOLDING CHILD SUPPORT PAYMENTS; TO REQUIRE THE DEPARTMENT IN CONJUNCTION WITH THE DEPARTMENT OF REVENUE AND TAXATION TO REVISE THE W-4 FORM TO CONTAIN INFORMATION RELATIVE TO CHILD SUPPORT OBLIGATIONS AND TO DEVELOP RECORD RETENTION PROCEDURES FOR CERTAIN INFORMATION; AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT.

H. 3958--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 6, Rep. FAIR having the floor.

H. 3958 -- Reps. Wright and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-5 SO AS TO PROVIDE FOR THE PURPOSES OF THE STATE ASSESSMENT EDUCATIONAL SYSTEM; TO AMEND SECTION 59-30-10, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR A REVISED STATEWIDE ASSESSMENT PROGRAM; TO AMEND SECTION 59-30-30, RELATING TO THE DUTIES OF SCHOOL BOARDS IN REGARD TO THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO REVISE THESE DUTIES IN CONFORMITY WITH THE STATEWIDE ASSESSMENT PROGRAM; AND TO AMEND SECTION 59-30-50, RELATING TO TIMETABLES IN REGARD TO BASIC SKILLS ASSESSMENT, SO AS TO PROVIDE TIMETABLES FOR THE STATEWIDE ASSESSMENT PROGRAM ABOVE ESTABLISHED.

AMENDMENT NO. 6--TABLED

Debate was resumed on Amendment No. 6, which was proposed on Wednesday, April 13, by Rep. WAITES.

Rep. FAIR moved to table the amendment, which was agreed to.


Printed Page 4566 . . . . . Thursday, April 14, 1994

Rep. FAIR proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\GJK\20690SD.94), which was adopted.

Amend the Report of the Committee on Education and Public Works, as and if amended, in Section 59-30-10(o) of the 1976 Code as contained in SECTION 2, by striking lines 11 through 30 on page 3958-9 and inserting:

/(o) Not cause or allow any agency to test or survey attitudes, values, beliefs, or sexual behaviors. This proscription does not apply when the parent or legal guardian of the student has given written consent for the student's attitudes, values, beliefs, or sexual behavior to be tested. Written permission is not needed, however, for course scheduling, career, or college counseling. Nothing in this section prohibits a counselor from discussing a student's circumstances with that student to determine the need for further counseling or for referring the student to another agency or counseling discipline. If a referral is made, it must be made as prescribed or proscribed by law. If extended counseling is to be done by school personnel, permission must be obtained from the parent or legal guardian of the student. Permission is not needed for the student who has been refereed to an outside agency. Permission is not needed for a counselor to meet with a student who has been determined to be in imminent danger or threat of harm.

Parental permission or notification is required for school personnel to work with those students in need of immediate conflict resolution or when the safety of the student is involved or a crime is thought to have been committed.

Psychological treatment at school may be administered only by individuals who have been licensed by the State to administer psychological treatment or certified by the State Department of Education as a School Psychologist. Such psychological treatment also must have the written permission of the parent or legal guardian of the student. Psychological treatment may not be done in groups of two or more without the written consent of the parent or legal guardian of the students involved.

Students may be withdrawn from self-esteem programs for religious reasons./

Renumber sections to conform.

Amend totals and title to conform.

Rep. WRIGHT explained the amendment.

Rep. FAIR spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.


Printed Page 4567 . . . . . Thursday, April 14, 1994

Rep. FAIR demanded the yeas and nays, which were taken resulting as follows:
Yeas 54; Nays 48

Those who voted in the affirmative are:

Alexander, T.C.  Allison          Baker
Brown, H.        Canty            Cato
Chamblee         Clyborne         Cooper
Davenport        Delleney         Elliott
Fair             Farr             Hallman
Harrell          Harrison         Harwell
Haskins          Houck            Huff
Hutson           Kelley           Kinon
Koon             Lanford          Law
Littlejohn       Marchbanks       Meacham
Neilson          Phillips         Richardson
Riser            Robinson         Sharpe
Simrill          Smith, D.        Smith, R.
Stille           Stone            Sturkie
Townsend         Trotter          Vaughn
Walker           Wells            Wilder, J.
Wilkins          Witherspoon      Wofford
Worley           Wright           Young, A.

Total--54

Those who voted in the negative are:

Alexander, M.O.  Anderson         Askins
Bailey, G.       Bailey, J.       Barber
Baxley           Breeland         Brown, G.
Brown, J.        Carnell          Cobb-Hunter
Cromer           Gamble           Govan
Harris, J.       Hines            Holt
Inabinett        Jaskwhich        Jennings
Keegan           Kennedy          Keyserling
Kirsh            Klauber          McAbee
McElveen         McMahand         Moody-Lawrence
Neal             Rhoad            Rogers
Rudnick          Scott            Sheheen
Shissias         Snow             Spearman
Stoddard         Stuart           Thomas

Printed Page 4568 . . . . . Thursday, April 14, 1994

Waites           Waldrop          White
Wilder, D.       Wilkes           Williams

Total--48

So, the amendment was adopted.

LEAVE OF ABSENCE

The SPEAKER granted Rep. SPEARMAN a leave of absence for the remainder of the day to attend a meeting with the American Legion in Indianapolis.

Rep. FAIR proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\GJK\20667SD.94), which was adopted.

Amend the Report of the Committee on Education and Public Works, as and if amended, in Section 59-30-10 of the 1976 Code, as contained in SECTION 2, by striking on lines 36 and 40 on page 3958-2 /1, 2,/ and inserting /1, 2,/ and by striking /one, two, and/ on lines 30 and 35 on page 3958-3 and inserting /one, two, and/.

Amend the Report further, as and if amended, in Section 59-30-30 of the 1976 Code as contained in SECTION 3 by striking /1, 2,/ on line 42 on page 3958-9 and inserting /1, 2,/.

Renumber sections to conform.

Amend totals and title to conform.

SPEAKER PRO TEMPORE IN CHAIR

Rep. FAIR proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\GJK\20719SD.94), which was tabled.

Amend the Report of the Committee on Education and Public Works, as and if amended, in Section 59-30-10 of the 1976 Code by striking /science, and social studies/ on line 34 on page 3958-3 and inserting /and science/;

Amend the Report further, as and if amended, in Section 59-30-10 of the 1976 Code by striking /science, and social studies/ on line 42 on page 3958-3 and inserting /and science/;


Printed Page 4569 . . . . . Thursday, April 14, 1994

Amend the Report further, as and if amended, in Section 59-30-10 of the 1976 Code by striking /and Social Studies/ on line 29 on page 3958-11

Renumber sections to conform.

Amend totals and title to conform.

Rep. FAIR explained the amendment.

LEAVES OF ABSENCE

The SPEAKER Pro Tempore granted Reps. A. YOUNG and H. BROWN a leave of absence for the remainder of the day to attend a Best Policy Committee meeting in Charleston.

Rep. FAIR continued speaking.

Rep. MOODY-LAWRENCE moved to table the amendment, which was agreed to.

Rep. FAIR proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\GJK\20718SD.94), which was tabled.

Amend the Report of the Committee on Education and Public Works, as and if amended, in Section 59-30-10(b)(2) of the 1976 Code on page 3958-3 by adding at the end of the item:

/The advice required to be given by this item cannot be construed as a mandate for a physical examination for the child./

Renumber sections to conform.

Amend totals and title to conform.

Rep. FAIR explained the amendment.

Rep. FARR moved to table the amendment, which was agreed to.

Rep. FAIR proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\GJK\20717SD).

Amend the Report of the Committee on Education and Public Works, as and if amended, by striking item (4) in Section 59-30-5 of the 1976 Code, as contained in SECTION 1, which begins on line 43 on page 3958-1;

Amend the Report further, as and if amended, by deleting /; a state model of a continuous assessment of student performance through each school year grades K-3 and criteria for districts who choose to develop their own model of continuous assessment/ in Section 59-30-10 of the 1976 Code, which begins on line 9 on page 3958-3;


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