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 1140, Mar. 1 | Printed Page 1160, Mar. 1 |

Printed Page 1150 . . . . . Wednesday, March 1, 1995

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;


Printed Page 1151 . . . . . Wednesday, March 1, 1995

(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:

Yeas 61; Nays 50

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


Printed Page 1152 . . . . . Wednesday, March 1, 1995

Wells            Wilkins          Witherspoon
Wofford          Wright           Young, A.
Young, J.

Total--61

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

Total--50

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.


Printed Page 1153 . . . . . Wednesday, March 1, 1995

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:

Yeas 67; Nays 42

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


Printed Page 1154 . . . . . Wednesday, March 1, 1995

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.

Total--67

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

Total--42

So, the amendment was tabled.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HINES a temporary leave of absence.


Printed Page 1155 . . . . . Wednesday, March 1, 1995

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.


Printed Page 1156 . . . . . Wednesday, March 1, 1995

Rep. McELVEEN explained the amendment.

Rep. HUFF spoke against the amendment.

Rep. HARRISON moved to table the amendment.

SPEAKER PRO TEMPORE IN CHAIR

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

Yeas 67; Nays 39

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.

Total--67

Those who voted in the negative are:

Anderson         Baxley           Boan
Breeland         Brown, G.        Brown, T.
Byrd             Carnell          Cave


Printed Page 1157 . . . . . Wednesday, March 1, 1995

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

Total--39

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,


Printed Page 1158 . . . . . Wednesday, March 1, 1995

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


Printed Page 1159 . . . . . Wednesday, March 1, 1995

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


Printed Page 1160 . . . . . Wednesday, March 1, 1995

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./


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