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

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S. 695 -- Senators Richter and Hayes: A BILL TO AMEND SECTION 20-7-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT FOR SUPPORT OR TREATMENT OF A CHILD COMMITTED TO CUSTODY OTHER THAN THAT OF HIS PARENTS, SO AS TO PROVIDE THAT THE SOLICITOR MAY PETITION THE FAMILY COURT TO ORDER THE PARENT OR PARENTS OF A CHILD WHO IS COMMITTED BY THE COURT TO THE CUSTODY OTHER THAN THAT OF HIS PARENTS OR WHO IS GIVEN MEDICAL, PSYCHOLOGICAL, OR PSYCHIATRIC TREATMENT UNDER ORDER OF THE COURT TO PAY CHILD SUPPORT WHEN THE CHILD IS COMMITTED TO OR DETAINED IN THE CUSTODY OF A COUNTY DETENTION FACILITY OR THE DEPARTMENT OF JUVENILE JUSTICE AND TO REQUIRE THE COURT IN MAKING ITS DETERMINATION WHETHER TO ORDER CHILD SUPPORT TO CONSIDER THE CONDUCT OF THE PARENT IN SUPERVISING AND PROVIDING CARE FOR THE CHILD; AND TO AMEND SECTION 20-7-2180 OF THE 1976 CODE, RELATING TO THE RESPONSIBILITY OF THE DEPARTMENT OF JUVENILE JUSTICE FOR A CHILD COMMITTED TO ITS CUSTODY, SO AS TO PROVIDE THAT ALL EXPENSES OF A CHILD COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF JUVENILE JUSTICE SHALL BE BORNE BY THE STATE EXCEPT AS OTHERWISE PROVIDED BY LAW.

Senator STILWELL explained the Bill.

AMENDED, READ THE THIRD TIME

RETURNED TO THE HOUSE

H. 3952 -- Rep. McAbee: A BILL TO ESTABLISH THE BOARD OF ELECTION AND REGISTRATION FOR MCCORMICK COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR MCCORMICK COUNTY, AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE BOARD OF ELECTION AND REGISTRATION, PROVIDE FOR APPROPRIATIONS FOR THE OPERATION OF THE BOARD, PROVIDE FOR NECESSARY OFFICE SPACE, TELEPHONE SERVICE, AND EQUIPMENT FOR THE BOARD, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE MCCORMICK COUNTY ELECTION COMMISSION AND THE MCCORMICK COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW MCCORMICK COUNTY BOARD OF


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ELECTION AND REGISTRATION UNTIL THE MEMBERS OF THE NEW BOARD APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.

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

Senator MOORE proposed the following amendment (3952R001.TLM), which was adopted:

Amend the bill, as and if amended, page 2, by striking lines 8 through 20 in their entirety and inserting the following:

/(D) Staff may be appointed and may be removed for cause by a majority vote of the members of the board.

(E) The board shall receive an annual appropriation from the governing body of McCormick County in an amount not less than that received for the operation of both the commissioners of election and board of registration for fiscal year 1994-1995.

(F) The office of the board must be located in the county office building unless relocation is recommended by the governing body of the county and approved by a majority of the House members representing a portion of McCormick County and a majority of the Senators representing a portion of McCormick County./

Amend title to conform.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

SECOND READING BILLS

WITH NOTICE OF GENERAL AMENDMENTS

The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:

H. 3731 -- Reps. Cooper, Kinon, Askins, Quinn, Herdklotz, Neilson, Scott, Cobb-Hunter, Hines, Keyserling, Inabinett, Bailey, Mason, Easterday, Rogers, Wilder, Moody-Lawrence, White, Cato, Shissias, J. Harris, Stuart, Hutson, Wright, Koon, Allison, Trotter, Gamble, McCraw, Lloyd, Byrd, Littlejohn, Wells, Howard, J. Brown, Haskins, Limehouse, Phillips, Elliott, Seithel, Whatley and S. Whipper: A BILL TO AMEND SECTION 8-11-83, CODE OF LAWS OF SOUTH


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CAROLINA, 1976, RELATING TO THE PAYROLL DEDUCTION FOR DUES OF THE STATE EMPLOYEES' ASSOCIATION, SO AS TO ALSO AUTHORIZE A PAYROLL DEDUCTION FOR THE DUES OF THE SOUTH CAROLINA TROOPERS' ASSOCIATION.

H. 3787 -- Reps. Richardson, Cotty, Rice, Cobb-Hunter, Keyserling, J. Brown, Worley, S. Whipper, Limehouse, Moody-Lawrence, Byrd, Shissias, Herdklotz, Lloyd, D. Smith, Wilkes, Mason and Thomas: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR PRORATED LICENSES; TO REPEAL SECTION 12-33-220, RELATING TO AN OBSOLETE PROVISION ALLOWING PRORATION OF LICENSES, AND TO PROVIDE FOR REFUNDS IN CASES OF CERTAIN LICENSES ISSUED AFTER NOVEMBER, 1994.

Senator RYBERG explained the Bill.

S. 642 -- Senator Thomas: A BILL TO AMEND SECTION 56-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SELF-INSURERS, AND DETERMINATION OF FINANCIAL RESPONSIBILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT A COPY OF THE APPLICANT'S LATEST FINANCIAL STATEMENT PREPARED BY A CERTIFIED PUBLIC ACCOUNTANT LICENSED TO DO BUSINESS IN SOUTH CAROLINA INDICATING THAT THE APPLICANT HAS A POSITIVE NET WORTH MUST BE SUBMITTED FOR A DETERMINATION OF FINANCIAL RESPONSIBILITY, AND THAT AN APPLICANT MAY BE REQUIRED TO DEPOSIT IN A SEGREGATED SELF-INSURED CLAIMS ACCOUNT THE SUM OF THREE THOUSAND DOLLARS FOR EACH VEHICLE TO BE COVERED BY THE SELF-INSURER'S CERTIFICATE.

Senator THOMAS explained the Bill.

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

H. 3104 -- Reps. Shissias, Stille and Kelley: A BILL TO AMEND SECTION 20-7-1318, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN INCOME-WITHHOLDING TO ENFORCE SUPPORT ORDERS, SO AS TO REVISE THE


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DEFINITION OF "SUPPORT ORDER" AND TO CORRECT A CROSS-REFERENCE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the General Committee.

The General Committee proposed the following amendment (JIC\6041AC.95), which was adopted:

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

/SECTION __. Section 20-7-1340 of the 1976 Code is amended to read:

"Section 20-7-1340. Whenever a child is committed by the court to custody other than that of his parents, or is given medical, psychological, or psychiatric treatment under order of the court, and no provision is otherwise made by law for the support of such child or payment for such treatment, compensation for the care and treatment of such child, when approved by order of the court, shall be subject to whatever provision may be made (for the financing of indigents) by the county where such child is a resident the solicitor of the county where the child is a resident may petition the court to order the parent or parents of such child to pay child support when such child is committed to or detained in the custody of a county detention facility or the Department of Juvenile Justice. If the parents of the child are living apart, the court shall pursue child support payments from both parents. The court may, after giving the parent a reasonable opportunity to be heard, order and decree that such parent shall pay, in such manner as the court may direct, such sum within his ability to pay in accordance with child support guidelines as promulgated by the Department of Social Services to cover in whole or in part the support and treatment of such child. In making its determination whether to order child support, the court shall consider the conduct of the parent in supervising and providing care for the child. If the parent shall wilfully fail or refuse to pay such sum, the court may proceed against him or her as for contempt."

SECTION __. Section 20-7-2180 of the 1976 Code is amended to read:

"Section 21-7-2180. From the time of lawful reception of any child by the Department of Juvenile Justice and during his stay in custody in a correctional institution, facility, or program operated by the department, he shall be under the exclusive care, custody, and control of the


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department. All expenses shall be borne by the State except as otherwise provided by law."/

Renumber sections to conform.

Amend title to conform.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

SECOND READING BILLS

The following Bills and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:

H. 4233 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD - RESEARCH AND STATISTICS, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1860, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3148 -- Reps. Davenport, Walker, Allison, Vaughn, Simrill, Inabinett, Lloyd and T. Brown: A BILL TO AMEND SECTION 59-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND THE BLIND, SO AS TO ADD A MEMBER WHO REPRESENTS THE INTEREST OF PERSONS WITH MULTIPLE HANDICAPS.

H. 3463 -- Reps. Harrison, Shissias, Neal, Klauber, Cromer, Sheheen, Stuart and Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2386 SO AS TO PROHIBIT A PERSON FROM SERVING ON A LOCAL FOSTER CARE REVIEW BOARD IF THE PERSON IS THE SUBJECT OF A REPORT OF CHILD ABUSE OR NEGLECT OR HAS BEEN CONVICTED OF CERTAIN CRIMINAL OFFENSES; TO REQUIRE THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN TO OBTAIN RECORD CHECKS FROM THE DEPARTMENT OF SOCIAL SERVICES AND SLED, TO CERTIFY ELIGIBILITY TO SERVE ON LOCAL BOARDS, AND TO EXEMPT


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THE DIVISION FROM FEES FOR DEPARTMENT OF SOCIAL SERVICES RECORD CHECKS; AND TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE AND NEGLECT RECORDS OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO AUTHORIZE THE DIVISION FOR THE REVIEW OF FOSTER CARE OF CHILDREN ACCESS TO INFORMATION TO CERTIFY THAT NOMINEES TO AND MEMBERS OF LOCAL FOSTER CARE REVIEW BOARDS ARE ELIGIBLE TO SERVE.

AMENDED, READ THE SECOND TIME

S. 274 -- Senators Short and Rose: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT OBLIGATIONS SO AS TO DIRECT THE CHILD SUPPORT ENFORCEMENT DIVISION OF THE DEPARTMENT OF SOCIAL SERVICES TO DEVELOP AN EMPLOYER NEW HIRE REPORTING PROGRAM.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the General Committee.

The General Committee proposed the following amendment (DKA\4069AC.95), which was adopted:

Amend the bill, as and if amended, page 1, line 25, after the word /to/ by inserting /voluntarily/.

Amend further, page 1, line 30, by deleting /shall/ and inserting /may/.

Amend further, page 2, line 3, by deleting /required to report/ and inserting /who voluntarily reports/.

Amend further, page 2, by deleting lines 32 through 34 and inserting:

/The South Carolina Employment Security Commission shall transmit to the South Carolina Department of Social Services, within fifteen working days after the end of a reporting quarter, any required employment and wage information reported by employers to the South Carolina Employment Security Commission."/

Renumber sections to conform.

Amend totals and title to conform.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.


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COMMITTEE AMENDMENT ADOPTED

AMENDMENT PROPOSED, POINT OF ORDER

OBJECTION

H. 3364 -- Reps. Tucker, P. Harris, McAbee and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 IN TITLE 25, RELATING TO MILITARY, CIVIL DEFENSE, AND VETERANS' AFFAIRS, SO AS TO ESTABLISH THE VETERANS' TRUST FUND OF SOUTH CAROLINA AND PROVIDE FOR ITS POWERS, DUTIES, AND GOVERNANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-2417 SO AS TO PROVIDE A DESIGNATION ON STATE INDIVIDUAL INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE VETERANS' TRUST FUND OF SOUTH CAROLINA.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the General Committee.

The General Committee proposed the following amendment (JIC\5993HTC.95), which was adopted:

Amend the bill, as and if amended, by striking Sections 25-21-20, 25-21-30, and 25-21-40, as contained in SECTION 1, beginning on page 2, and inserting:

/Section 25-21-20. There is created the board of trustees for the Veterans' Trust Fund of South Carolina composed of eleven members. The board shall serve as an advisory committee to the Veterans' Affairs Division and utilize the staff of the Veterans' Affairs Division in order to carry out its duties as provided in Section 25-21-30. One member of the board of trustees must be the director of the Veterans' Affairs Division or his designee. The Governor, with the advice and consent of the Senate, shall appoint individuals to fill the remaining positions on the board of trustees. Of the positions filled by gubernatorial appointment, four must be county veterans' affairs officers, five must represent veterans' service organizations, and one member must be selected at large. All members of the board of trustees must be United States armed forces veterans who were honorably discharged. The members of the board shall elect officers from among themselves as necessary.

Individuals appointed by the Governor shall serve at the pleasure of the Governor and may be removed by the Governor at any time. No member may serve more than eight continuous years.


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Members of the board who are not full-time employees of the State of South Carolina or any of its political subdivisions may be paid per diem, mileage, and subsistence at rates established by the board, not to exceed standards provided by law for state boards, commissions, and committees. Per diem, mileage, and subsistence may be paid to members of the board only for travel and costs incurred due to meetings of the board.

A complete report of the activities of the Veterans' Trust Fund must be made to the General Assembly and State Auditor annually.

Section 25-21-30. To fulfill its duties and functions, the board is authorized to, but not limited to:

(1) assess the needs of veterans, establish priorities, and develop goals and objectives for the Veterans' Trust Fund;

(2) make recommendations to the Veterans' Affairs Division as to how the monies in the fund must be dispersed;

(3) accept gifts, grants, and bequests from any person, entity, or foundation, either public or private;

(4) accept appropriations, loans, or grants from any governmental or quasigovernmental source;

(5) acquire and hold property;

(6) invest trust monies, including pooled investment funds maintained by the State;

(7) solicit proposals for programs aimed at meeting identified needs;

(8) establish rules of procedure for board meetings and any other function of the fund necessary for the orderly conduct of its business;

(9) enter into contracts for the awarding of grants to public or private, nonprofit organizations;

(10) establish criteria for awarding of grants which shall include the consideration of at least:

(a) the priority of the service need that the proposal addresses;

(b) the quality and soundness of the proposal and its probable effectiveness in accomplishing its objectives;

(c) a cost-benefit analysis of the project;

(d) the degree of community support for the proposal;

(e) the utilization of local resources including volunteers, when appropriate, and matching or in-kind contributions which may be, but are not, required;

(f) the qualifications of employees to be hired under the grant;

(g) the experience of the proposed project administrators in providing ongoing accountability for the program.

Section 25-21-40. Until the assets of the Veterans' Trust Fund exceed one million dollars, not more than fifty percent of the amount deposited


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in the fund each year from contributions plus all earnings from the investment of monies of the fund credited during the previous fiscal year is available for disbursement upon authorization of the Veterans' Affairs Division.

When assets in the trust fund exceed one million dollars, all credited earnings plus all future annual deposits to the trust fund from contributions are available for disbursement upon the authorization of the Veterans Affairs Division./

Amend title to conform.

Senator WILSON explained the amendment.

Amendment No. 1

Senators WALDREP, HAYES, LANDER, WILSON, RICHTER, LEATHERMAN, GREGORY, RUSSELL MARTIN, ELLIOTT, COURTNEY, ALEXANDER and THOMAS proposed the following Amendment No. 1 (JIC\6047HTC.95):

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

/SECTION . Section 12-10-40 of the 1976 Code, as added by Act 32 of 1995, is amended to read:

"Section 12-10-40. Annually, by December thirty-first, using the most current data available, the State Budget and Control Board shall designate the enterprise zones within this State as provided in this section. Each enterprise zone must be located in this State and meet one of the following criteria:

(1) consist of a census tract in which either the median household income is eighty percent or less of the state average, or at least twenty percent of households are below the poverty level according to the most recent United States census;

(2) consist of a county classified as less developed pursuant to Section 12-7-1220;

(3) be located in a federal military base or installation which was closed, or designated to be closed, or in a federal facility in which the permanent employment was reduced by three thousand or more jobs after December 31, 1990;

(4) consist of a census tract with at least one hundred manufacturing jobs, at least fifty percent of which are textile and apparel jobs;

(5) consist of a census tract where a manufacturing facility has closed or experienced permanent layoffs and notified the Employment Security Commission under the federal Worker Adjustment and Retaining


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Notification (WARN) Act of 1988. The enterprise zone designation applies only for five years after the date of closure or layoff, and the number of jobs permanently lost must equal twenty-five percent or more of the total manufacturing workforce in the tract at the time the layoff occurred. The job loss shall have occurred no more than five years prior to the effective date of this chapter, except in any census tract where a catastrophic loss of one thousand or more jobs from a single employer has occurred since 1980 and fewer than half the job losses have been replaced. Any such tract will remain an enterprise zone until at least half the catastrophic job losses have been replaced. Where a municipality in which the catastrophic job loss occurred is split by census tracts, each tract containing any part of the municipality meets the catastrophic job loss criteria;

(6) consist of a census tract, any part of which is within twenty miles of a federal facility that has reduced its permanent civilian employment by three thousand or more jobs after December 31, 1990, for ten years after the effective date of this chapter; or

(7) consist of a census tract in which a penal institution operated by the South Carolina Department of Corrections has closed;

(8) be located in a multi-county industrial or business park established pursuant to Section 4-1-170; or

(9) consist of a research park established pursuant to Section 13-17-30 while the park is operated or controlled by the South Carolina Research Authority."/

Renumber sections to conform.

Amend title to conform.

Senator WALDREP explained the amendment.

Point of Order

Senator PASSAILAIGUE raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT took the Point of Order under advisement.

The Point of Order was later withdrawn.

Senator PASSAILAIGUE objected to further consideration of the Bill.

AMENDED, READ THE SECOND TIME

H. 3364 -- Reps. Tucker, P. Harris, McAbee and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 IN TITLE 25, RELATING TO MILITARY,


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CIVIL DEFENSE, AND VETERANS' AFFAIRS, SO AS TO ESTABLISH THE VETERANS' TRUST FUND OF SOUTH CAROLINA AND PROVIDE FOR ITS POWERS, DUTIES, AND GOVERNANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-2417 SO AS TO PROVIDE A DESIGNATION ON STATE INDIVIDUAL INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE VETERANS' TRUST FUND OF SOUTH CAROLINA.

Senator PASSAILAIGUE, with unanimous consent, removed his objection from the Bill.


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