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 4490 . . . . . Wednesday, May 31, 1995
H. 3515--DEBATE ADJOURNED

The Senate amendments to the following Bill were taken up for consideration.

H. 3515 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 2-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ADVANCE SHEETS OF STATUTES, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE ADVANCE SHEETS MUST BE DISTRIBUTED; AND TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF SETS OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE SETS MUST BE DISTRIBUTED.

Rep. HARRISON moved to adjourn debate upon the Senate amendments until Thursday, June 1, which was adopted.

RECURRENCE TO THE MORNING HOUR

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

SPEAKER PRO TEMPORE IN CHAIR

H. 4239--SENATE AMENDMENTS AMENDED AND

RETURNED TO THE SENATE

The Senate amendments to the following Concurrent Resolution were taken up for consideration.

H. 4239 -- Reps. Wilkins, H. Brown, J. Brown, Cato, Harrison, Sharpe, Townsend, Haskins and Huff: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 1, 1995, NOT LATER THAN 7:30 P.M. THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 5, 6, 7, 8, AND 9, 1995, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING

Printed Page 4491 . . . . . Wednesday, May 31, 1995
UNANIMOUS CONSENT OF THE MEMBERS OF THE AFFECTED DELEGATION AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS, AND TO PROVIDE FOR THE RATIFICATION OF ACTS ON THURSDAY, JUNE 8, 1995, AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 9, 1995, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 11:00 A.M., MONDAY, JUNE 12, 1995, AND TO CONTINUE IN SESSION, IF NECESSARY, THROUGH 5:00 P.M., THURSDAY, JUNE 15, 1995, AND TO PROVIDE FOR A JOINT ASSEMBLY FOR THE PURPOSE OF AN ELECTION TO FILL SEAT 2 OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT AT 12:00 P.M. NOON ON MONDAY, JUNE 12, 1995, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER DURING THAT PERIOD, AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS NO LATER THAN 5:00 P.M. ON THURSDAY, JUNE 15, 1995, IT SHALL STAND ADJOURNED SINE DIE.

Rep. WILKINS proposed the following Amendment No. 4, which was adopted.

Strike all after the enacting words and insert:

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

That the mandatory SINE DIE adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions set forth below. When the respective Houses adjourn on Thursday, June 1, 1995, at 5:00 p.m., each House shall stand adjourned to meet under the following terms and conditions:

(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

Printed Page 4492 . . . . . Wednesday, May 31, 1995
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.

Rep. WILKINS explained the amendment.

Rep. SCOTT moved to adjourn debate upon the Concurrent Resolution until Thursday, June 1.

Rep. WILKINS moved to table the motion.

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

Yeas 92; Nays 0

Those who voted in the affirmative are:

Allison          Askins           Baxley
Boan             Brown, G.        Brown, H.
Brown, T.        Cain             Carnell
Cato             Cave             Chamblee
Clyburn          Cooper           Cotty
Cromer           Dantzler         Davenport
Delleney         Easterday        Elliott

Printed Page 4493 . . . . . Wednesday, May 31, 1995
Fair             Felder           Fleming
Fulmer           Gamble           Hallman
Harrell          Harris, J.       Harris, P.
Harrison         Haskins          Herdklotz
Huff             Hutson           Inabinett
Jaskwhich        Jennings         Keegan
Keyserling       Kinon            Kirsh
Klauber          Knotts           Koon
Lanford          Law              Limehouse
Littlejohn       Lloyd            Marchbanks
Martin           Mason            McAbee
McCraw           Meacham          Moody-Lawrence
Neilson          Phillips         Quinn
Rhoad            Rice             Richardson
Riser            Robinson         Sandifer
Seithel          Sharpe           Sheheen
Simrill          Smith, R.        Spearman
Stille           Stoddard         Stuart
Thomas           Tripp            Trotter
Tucker           Vaughn           Waldrop
Walker           Whatley          Whipper, S.
Wilder           Wilkins          Witherspoon
Wofford          Worley           Wright
Young, A.        Young, J.

Total--92

Those who voted in the negative are: 

Total--0



So, the motion to adjourn debate was tabled.


The question then recurred to the adoption of the amendment, which was agreed
to.


The Senate amendments, as amended, were then agreed to and the Concurrent
Resolution ordered returned to the Senate.

SPEAKER IN CHAIR







Printed Page 4494 . . . . . Wednesday, May 31,
1995




CONCURRENT RESOLUTION


The Senate sent to the House the following:


S. 895 -- Senator O'Dell:  A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION
OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF
ANDERSON
POLICE CHIEF JAMES E. BURRISS ON THE OCCASION OF HIS RETIREMENT AND WISHING FOR
HIM MANY HAPPY AND FULFILLING YEARS.

The Concurrent Resolution was agreed to and ordered returned to the Senate
with concurrence.

STATEMENT BY REP. H. BROWN


Rep. H. BROWN made a statement relative to the Conference Committee on H.
3362, the General Appropriations Bill.

S. 365--FREE CONFERENCE POWERS REJECTED


Rep. TOWNSEND moved that the Committee of Conference on the following Bill be
resolved into a Committee of Free Conference and briefly explained the
Conference Committee's reasons for this request.


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



Printed Page 4495 . . . . . Wednesday, May 31,
1995



 TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION
SHALL
BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.

Rep. STILLE spoke against granting free conference powers.


The yeas and nays were taken resulting as follows:


Yeas 80; Nays 32



Those who voted in the affirmative are:


Allison          Askins           Baxley
Boan             Brown, G.        Brown, H.
Cain             Carnell          Cato
Chamblee         Cotty            Cromer
Dantzler         Davenport        Elliott
Fair             Felder           Fleming
Fulmer           Gamble           Hallman
Harrell          Harris, J.       Harrison
Harvin           Haskins          Herdklotz
Hodges           Huff             Hutson
Jennings         Keegan           Kelley
Kinon            Klauber          Knotts
Koon             Lanford          Law
Limehouse        Littlejohn       Marchbanks
Martin           Mason            McAbee
McCraw           Meacham          Neilson
Phillips         Quinn            Rhoad
Rice             Riser            Robinson
Sandifer         Seithel          Sharpe
Shissias         Simrill          Smith, D.
Smith, R.        Spearman         Stoddard
Stuart           Thomas           Townsend
Tripp            Trotter          Tucker
Vaughn           Waldrop          Wells
Whatley          Wilder           Wilkins
Witherspoon      Wofford          Wright
Young, A.        Young, J.

Total--80







Printed Page 4496 . . . . . Wednesday, May 31,
1995



   Those who voted in the negative are:


Anderson         Beatty           Breeland
Brown, J.        Brown, T.        Byrd
Canty            Cave             Clyburn
Cobb-Hunter      Cooper           Delleney
Govan            Hines            Howard
Inabinett        Jaskwhich        Kennedy
Keyserling       Kirsh            Lloyd
McElveen         McMahand         Moody-Lawrence
Neal             Rogers           Scott
Sheheen          Stille           Whipper, L.
Whipper, S.      White

Total--32



So, the motion to resolve the Committee of Conference into a Committee of Free
Conference was rejected.

RECORD FOR JOURNAL


As it was necessary for me to be out of the Chambers on the vote to grant
free conference on S. 365-higher education, I wish my intention to vote
"yes" to grant free power be noted in the Journal.

Rep. MICHAEL E. EASTERDAY

H. 4239--COMMITTEE OF CONFERENCE APPOINTED


The following was received from the Senate.


MESSAGE FROM THE SENATE


Columbia, S.C., May 31, 1995

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the
amendments proposed by the House to H. 4239:

  H. 4239 -- Reps. Wilkins, H. Brown, J. Brown, Cato, Harrison, Sharpe,
  Townsend, Haskins and Huff:  A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE
  RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 1, 1995, AT 5:00
  P.M. THEY SHALL STAND ADJOURNED TO MEET AT  10:00 A.M. ON JUNE 5, 6, 7, 8, AND
  9, 1995, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS
  CONSENT OF THE MEMBERS OF THE AFFECTED DELEGATION AND FOR THE
CONSIDERATION OF
  CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO



Printed Page 4497 . . . . . Wednesday, May 31,
1995



 PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON
JUNE
9, 1995, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION UNTIL
11:00 A.M., MONDAY, JUNE 19, 1995, AND TO CONTINUE IN SESSION, IF NECESSARY,
THROUGH 5:00 P.M., THURSDAY, JUNE 22, 1995, AND TO PROVIDE FOR THOSE ITEMS OF
LEGISLATIVE BUSINESS IN ORDER DURING THAT PERIOD, AND TO PROVIDE THAT WHEN THE
GENERAL ASSEMBLY ADJOURNS NO LATER THAN 5:00 P.M. ON THURSDAY, JUNE 22, 1995,
IT
SHALL STAND ADJOURNED TO MEET ON TUESDAY, OCTOBER 3, 1995, SOLELY FOR THE
PURPOSE OF ELECTING PERSONS TO FILL THE JUDICIAL OFFICES CREATED IN THE 1995-96
GENERAL APPROPRIATIONS ACT AND PROVIDE THAT IT SHALL STAND ADJOURNED SINE DIE
WHEN THE ELECTION IS FINISHED.

Very respectfully,

President


On motion of Rep. ROBINSON, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. HASKINS, BOAN and D. SMITH to the
Committee of Conference on the part of the House and a message was ordered sent
to the Senate accordingly.

HOUSE STANDS AT EASE


The House stood at ease subject to the call of Chair.

THE HOUSE RESUMES


At 5:25 P.M. the House resumed, the SPEAKER in the Chair.

MESSAGE FROM THE SENATE


The following was received.

Columbia, S.C., May 31, 1995

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the
report of the Committee of Conference on 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,



Printed Page 4498 . . . . . Wednesday, May 31,
1995



 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; 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;



Printed Page 4499 . . . . . Wednesday, May 31,
1995



 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 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



Printed Page 4500 . . . . . Wednesday, May 31,
1995



 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 NAMED "CHILD SUPPORT PROCEEDINGS AND
ENFORCEMENT".

Very respectfully,

President







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