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 1220, Mar. 2 | Printed Page 1240, Mar. 2 |
Printed Page 1230 . . . . . Thursday, March 2, 1995
(R19) H. 3511 -- Education and Public Works Committee: AN ACT TO APPROVE REGULATIONS OF THE COASTAL CAROLINA UNIVERSITY, RELATING TO PARKING AND TRAFFIC ON THE CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1794, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R20) H. 3528 -- Reps. Wells, Allison, Littlejohn, Lanford, Beatty, Wilder, Walker, Vaughn, Davenport and D. Smith: AN ACT TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, SO AS TO PROVIDE FOR ONE ADDITIONAL MEMBER OF THE COMMISSION FROM GREENVILLE COUNTY, AND ONE ADDITIONAL MEMBER FROM CHEROKEE COUNTY AND TO PROVIDE FOR THE MANNER IN WHICH THESE MEMBERS SHALL BE APPOINTED.

THE HOUSE RESUMES

At 11:45 A.M. the House resumed, the SPEAKER in the Chair.

H. 3690--DEBATE ADJOURNED

Rep. H. BROWN moved to adjourn debate upon the following Joint Resolution, which was adopted.

H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.

H. 3714--ORDERED TO THIRD READING

The following Bill was taken up.

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.

Printed Page 1231 . . . . . Thursday, March 2, 1995
Rep. G. BROWN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PFM\7229BDW.95), which was ruled out of order.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___. The 1976 Code is amended by adding:

"Section 50-9-505. A person permitted pursuant to Section 50-9-500 is authorized to fish on Lake Ashwood in Lee County with nonmanufactured tackle or natural bait."/

Renumber sections to conform.

Amend title to conform.

Rep. G. BROWN explained the amendment.

POINT OF ORDER

Rep. SHARPE raised the Point of Order that Amendment No. 2 was out of order as it was not germane in that it dealt with licensing a special lake and the Bill dealt with bait.

The SPEAKER sustained the Point of Order and ruled the Amendment out of order.

The Bill was read the second time and ordered to third reading.

H. 3714--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 3714 be read the third time tomorrow.

SENT TO THE SENATE

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

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

Printed Page 1232 . . . . . Thursday, March 2, 1995
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
Printed Page 1233 . . . . . Thursday, March 2, 1995
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
Printed Page 1234 . . . . . Thursday, March 2, 1995
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".

H. 3185--OBJECTIONS WITHDRAWN

Reps. R. SMITH, MASON and DAVENPORT withdrew their objections to H. 3185 however, other objections remained upon the Bill.

H. 3115--OBJECTION WITHDRAWN

Rep. SIMRILL withdrew his objection to H. 3115 however, other objections remained upon the Bill.

H. 3305--OBJECTION WITHDRAWN

Rep. KEEGAN withdrew his objection to H. 3305 however, other objections remained upon the Bill.

H. 3736--RECALLED FROM THE

COMMITTEE ON JUDICIARY

On motion of Rep. H. BROWN, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.

H. 3736 -- Reps. H. Brown, Wofford, Law, Dantzler and Williams: A BILL TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING MUNICIPAL CORPORATE LIMITS BY PETITION OF SEVENTY-FIVE PERCENT OR MORE OF LANDOWNERS, SO AS TO PROVIDE THAT ANNEXATION OF REAL PROPERTY IN A MULTI-COUNTY PARK TITLED IN THE NAME OF A POLITICAL SUBDIVISION OF THE STATE REQUIRES THE CONSENT OF THE GOVERNING BODY OF THE POLITICAL SUBDIVISIONS HOLDING TITLE.

S. 476--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 476 -- Senator Leventis: A CONCURRENT RESOLUTION MEMORIALIZING THE MEMBERS OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND THE ENVIRONMENTAL PROTECTION AGENCY TO HELP SOUTH CAROLINA'S COTTON FARMERS AND THE ECONOMY OF THIS STATE BY

Printed Page 1235 . . . . . Thursday, March 2, 1995
ENCOURAGING AND APPROVING EMERGENCY ACTION TO ALLOW THE USE OF "STAPLE HERBICIDE".

Whereas, South Carolina's cotton industry is in a state of emergency due to a serious problem with a resident weed called pigweed. This weed is resistant to all herbicides currently available to our state's cotton farmers; and

Whereas, cotton is one of the most profitable industries in South Carolina; and

Whereas, pigweed already dramatically has affected South Carolina's cotton industry. It is imperative that our cotton industry find immediate relief from this persistent and growing problem; and

Whereas, last year's cotton yield in this State was cut as much as thirty to fifty percent in fields where pigweed is a problem. According to the South Carolina Cotton Board, many cotton farmers are considering reducing their cotton production in 1995 due to their losses in 1994 and the lack of a viable solution; and

Whereas, if an effective herbicide is not available in 1995, the loss to South Carolina is projected to be as much as twelve million dollars; and

Whereas, the DuPont Company has developed a new product, "Staple Herbicide", which has the ability to control pigweed and reduce early season herbicide use as much as ninety-eight percent; and

Whereas, "Staple Herbicide" is not available on the market, so South Carolina's cotton farmers need to secure emergency relief through the Environmental Protection Agency to allow the use of this herbicide; and

Whereas, the positive effects from the use of "Staple" will be felt throughout the cotton industry in South Carolina. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly memorialize the members of the South Carolina Congressional Delegation and the Environmental Protection Agency to help South Carolina's cotton farmers and the economy of this State by encouraging and approving emergency action to allow the use of "Staple Herbicide".

Be it further resolved that a copy of this resolution be forwarded to the members of the South Carolina Congressional Delegation and the director of the Environmental Protection Agency.

Rep. RISER explained the Concurrent Resolution.

The Concurrent Resolution was adopted and ordered returned to the Senate.

Printed Page 1236 . . . . . Thursday, March 2, 1995
MOTION PERIOD

The motion period was dispensed with on motion of Rep. SHEHEEN.

H. 3115--DEBATE ADJOURNED

Rep. KELLEY moved to adjourn debate upon the following Bill until Tuesday, March 7, which was adopted.

H. 3115 -- Reps. Shissias, Gamble, Neilson, Baxley, Allison, Elliott, Stuart and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO ORDER PARTIES IN A DIVORCE ACTION TO ATTEND THE PARENT AND CHILD TRANSITIONS PROGRAM, AN EDUCATIONAL PROGRAM CONDUCTED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES ON THE EFFECTS OF DIVORCE ON CHILDREN; AND TO ADD SECTION 44-49-90 SO AS TO DIRECT THE DEPARTMENT TO DEVELOP AND IMPLEMENT THIS PROGRAM AND TO AUTHORIZE THE DEPARTMENT TO CHARGE A FEE FOR THE PROGRAM.

Rep. WORLEY moved that the House do now adjourn.

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

Yeas 5; Nays 79

Those who voted in the affirmative are:

Delleney         Howard           Neal
Sheheen          Worley

Total--5

Those who voted in the negative are:

Allison          Anderson         Askins
Baxley           Boan             Breeland
Brown, H.        Brown, T.        Cain
Carnell          Cato             Chamblee
Clyburn          Cotty            Cromer
Dantzler         Davenport        Easterday
Fair             Fleming          Fulmer

Printed Page 1237 . . . . . Thursday, March 2, 1995
Gamble           Hallman          Harrell
Harris, J.       Harrison         Harvin
Harwell          Haskins          Herdklotz
Huff             Hutson           Keegan
Kelley           Kinon            Kirsh
Klauber          Knotts           Koon
Lanford          Littlejohn       Lloyd
Martin           Mason            McAbee
McCraw           McMahand         Meacham
Quinn            Rhoad            Rice
Richardson       Riser            Robinson
Sandifer         Sharpe           Shissias
Simrill          Smith, R.        Spearman
Stille           Stoddard         Stuart
Thomas           Townsend         Tripp
Trotter          Tucker           Vaughn
Walker           Wells            Whatley
Wilder           Wilkins          Witherspoon
Wofford          Wright           Young, A.
Young, J.

Total--79

So, the House refused to adjourn.

H. 3647--CONTINUED

The following Bill was taken up.

H. 3647 -- Ways and Means Committee: A BILL TO SUSPEND THE LIMITATION ON GENERAL FUND APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, BEGINNING WITH APPROPRIATIONS FOR FISCAL YEAR 1995-96, TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUE FOR PROPERTY TAX RELIEF AND FOR THE CONTINUED SUSPENSION OF THE LIMITATION UNTIL SUFFICIENT RECURRING REVENUES ARE AVAILABLE FOR THE STATE PROPERTY TAX RELIEF FUND TO REPLACE OPERATING PROPERTY TAX REVENUES ON OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR THE

Printed Page 1238 . . . . . Thursday, March 2, 1995
REINSTATEMENT OF THE LIMITATION WHEN THESE RECURRING REVENUES ARE AVAILABLE.

Rep. KELLEY moved to adjourn debate upon the Bill.

Rep. CARNELL moved to continue the Bill and demanded the yeas and nays, which were taken resulting as follows:

Yeas 54; Nays 53

Those who voted in the affirmative are:

Anderson         Askins           Baxley
Beatty           Boan             Breeland
Brown, J.        Byrd             Canty
Carnell          Cave             Clyburn
Cobb-Hunter      Cotty            Cromer
Delleney         Felder           Govan
Harris, J.       Harvin           Harwell
Hines            Hodges           Howard
Inabinett        Jennings         Kennedy
Keyserling       Kinon            Kirsh
Lloyd            Martin           McAbee
McCraw           McElveen         McMahand
McTeer           Moody-Lawrence   Neal
Neilson          Richardson       Rogers
Scott            Sheheen          Shissias
Spearman         Stuart           Tucker
Whipper, L.      Whipper, S.      White
Wilder           Wilkes           Worley

Total--54

Those who voted in the negative are:

Allison          Brown, H.        Cain
Cato             Chamblee         Dantzler
Davenport        Easterday        Fair
Fleming          Fulmer           Gamble
Hallman          Harrell          Harrison
Haskins          Herdklotz        Huff
Hutson           Keegan           Kelley
Knotts           Koon             Law
Limbaugh         Limehouse        Littlejohn
Marchbanks       Mason            Meacham

Printed Page 1239 . . . . . Thursday, March 2, 1995
Quinn            Rice             Riser
Robinson         Sandifer         Sharpe
Simrill          Smith, R.        Stille
Thomas           Townsend         Tripp
Trotter          Vaughn           Walker
Wells            Whatley          Wilkins
Witherspoon      Wofford          Wright
Young, A.        Young, J.

Total--53

So, the Bill was continued.

H. 3185--DEBATE ADJOURNED

Rep. KELLEY moved to adjourn debate upon the following Bill until Monday, March 6, which was adopted.

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. FELDER moved that the House do now adjourn.

POINT OF ORDER

Rep. KELLEY raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.

H. 3228--DEBATE ADJOURNED

Rep. NEILSON moved to adjourn debate upon the following Bill until Monday, March 6, which was adopted.

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

Printed Page 1240 . . . . . Thursday, March 2, 1995
RIGHTS OF PARENTS, SO AS TO PROVIDE THAT BOTH CUSTODIAL AND NONCUSTODIAL PARENTS HAVE THE RIGHT TO PARTICIPATE IN THEIR CHILDREN'S SCHOOL ACTIVITIES.

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