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

| Printed Page 2750, May 11 | Printed Page 2770, May 11 |

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Amend further, Part III, page 6, by deleting Section 3 and inserting:

/SECTION 3. The Employment Security Commission shall provide the department up-to-date labor market information to assist department employment and training staff in the development of recipient employment goals and training plans to be outlined in individual agreements. The Employment Security Commission also, through contractual agreement, shall provide the South Carolina Occupational Information System to each of the department's local offices to assist with career counseling and career planning activities./

Amend further, Part III, page 6, by deleting Section 6 and inserting:

/SECTION 6. Chapter 7, Title 12 of the 1976 Code is amended by adding:

"Section 12-7-1290. (A) A taxpayer, who employs a person who within twelve months of becoming gainfully employed received AFDC benefits and had exhausted these benefits as a result of the two-year limitation on receiving AFDC and who continuously has remained gainfully employed for twelve months, is allowed a tax credit against taxes due under this chapter for health care premiums paid by the employer on behalf of the employee in an amount not to exceed:

(1) one thousand two hundred dollars paid during the second year of employment;

(2) one thousand dollars paid during the third year of employment.

(B) This section applies to tax years beginning after 1994."/

Amend further, Part III, Section 11, page 8, by deleting subsection (B)(3) and (4) and inserting:

/(3) incapacitated and the incapacity is verified by a physician;

(4) caring for an incapacitated person whose incapacity has been verified by a physician;/.

Amend further, Part III, Section 12, page 9, by adding at the end of the section:

/This program must include a family planning assessment if 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 limiting family size. If a recipient chooses a birth control method including, but not


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limited to, tubal ligation or vasectomy, for which Medicaid will not pay, the State, in accordance with state and federal law and within existing resources, shall pay for that birth control method. Family planning assessment must be available to a family up to one hundred eighty-five percent of the federal poverty level. State funds appropriated for family planning must not be used to pay for an abortion./

Amend further, Part IV, Section 1, page 12, by inserting at the end of the section:

/No sooner than sixty and no later than ninety days after an AFDC recipient's benefits are terminated under the time limits for the receipt of AFDC as provided for in this section, the department shall conduct an assessment of and make recommendations, as appropriate, for the health and well-being of the children in the care and custody of the former AFDC recipient including, but not limited to, access to family preservation funds or foster care or orphanage placement./

Amend further, Part IV, page 12, by deleting Section 3 and inserting:

/SECTION 3. The asset limit for families on AFDC is ten thousand dollars book value for a vehicle and a total of two thousand five hundred dollars for all other assets./

Amend further, Part IV, Section 4, page 12, by adding at the end of the section:

/The State shall seek a waiver from the federal government providing that no lump sum payment of ten thousand dollars or less deposited in an Individual Development Account within thirty days of receipt will make the family ineligible for receipt of AFDC./

Amend further, Part IV, Section 6, page 12, by inserting after /dividends/ on line 37 /up to four hundred dollars/.

Amend further, Part V, page 13, by deleting Section 2 and inserting:

/SECTION 2. An AFDC recipient who, while receiving AFDC benefits, has been identified as requiring alcohol and other drug abuse treatment service or who has been convicted of an alcohol related offense or a controlled substance violation or gives birth to a child with evidence of the effects of maternal substance abuse and the child subsequently is shown to have a confirmed positive test performed on a suitable specimen within twenty-four hours of birth, is ineligible for AFDC assistance unless the recipient submits to random drug tests and/or participates in an alcohol or drug treatment program approved by the Department of Alcohol and Other Drug Abuse Services. Upon completion of the program, if a subsequent random test or subsequent conviction for a controlled substance violation or alcohol related offense occurs, the recipient is ineligible for AFDC benefits. Benefits may be reinstated at a later time upon


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reapplication, if the recipient first undergoes a conciliation assessment, including review and/or modification of the prescribed individual treatment program and agreement, and then agrees to comply with its terms and demonstrates compliance for a period of not less than sixty days. Testing of a child's specimen pursuant to this section must be conducted by a medical laboratory certified by the College of American Pathologists or the National Institute of Drug Abuse for Forensic Urine Drug Testing./

Amend further, Part V, by adding appropriately numbered sections to read:

/SECTION __. The Department of Health and Environmental Control and the Department of Health and Human Services shall develop a joint task force of reproductive health care providers and professionals to develop incentives to increase physician participation in the Medicaid program in order to provide better access to comprehensive family planning and prenatal care for Medicaid clients.

SECTION __. The Department of Health and Human Services shall establish a task force to explore ways to provide support and funding for a statewide teen pregnancy prevention council coordinator to provide information and technical assistance to local teen pregnancy prevention councils.

SECTION __. To assist AFDC families in directing their efforts to becoming economically stable and financially independent rather than diverting their resources to the care of children and family members with health and medical problems, the State, through coordination and cooperation among various agencies utilizing current resources, must:

(1) provide greater access to and place more emphasis on early and continuous prenatal care;

(2) eliminate as many barriers to good prenatal care as possible;

(3) establish teen parent initiatives dealing with school drop out programs, parent effectiveness training programs, and family planning programs;

(4) promote counseling and education about early childhood health, especially the need for immunizations;

(5) foster better access to preventive health services through expanded hours of health care clinics;

(6) provide, as funding allows, school nurses to increase access to primary care and more effective identification and referral of health care among children.

SECTION __. All federal child care funds are needed to ensure that AFDC families can participate successfully in the AFDC program. The State should make every effort to obtain these funds./


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Amend further, Part VI, by adding appropriately numbered sections to read:

/SECTION ___. A. Section 12-54-470 of the 1976 Code, as added by Act 474 of 1988, is amended to read:

"Section 12-54-470. Priority in multiple claims Claims to refunds allowed to be setoff set off under the provisions of this article must be in the order in time which made by a claimant agency has filed filing a written notice with the commission of its intention to effect collection through setoff under this article. However, claims filed by any agency of state government have priority over claims filed by the Internal Revenue Service or an institution of higher learning. Notwithstanding this priority according to time of filing, the commission has priority over all other claimant agencies for collection by setoff whenever it is a competing agency for a refund. The following is the order of priority for multiple claims filed:

(1) claims of the Department of Revenue and Taxation;

(2) claims of the Division of Child Support Enforcement of the State Department of Social Services;

(3) other claims of the State Department of Social Services and other state agencies;

(4) claims of the Internal Revenue Service and claims filed by institutions of higher learning;

(5) claims of other agencies not given a specific priority.

Priority within a class in which multiple claims are filed is the order in time in which the claimant agencies filed the written notice with the commission of the intention to effect collection through setoff under this article."

B. The amendments to Section 12-54-470 of the 1976 Code, as contained in this section, apply to refunds for tax years beginning after 1995.

SECTION __. Section 20-7-852 of the 1976 Code, as added by Act 189 of 1989, is amended to read:

"Section 20-7-852. (A) In any a proceeding in which for the award of child support is in issue, there is a rebuttable presumption that the amount of the award which would result from the application of those the guidelines required under Section 43-5-580(b) is the correct amount of the child support to be awarded. However, a A different amount may be awarded upon a showing that application of the guidelines in a particular case would be unjust or inappropriate. When the court orders a child support award that varies significantly from the amount resulting from the application of the guidelines, the court shall make specific, written


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findings of those facts upon which it bases its conclusion supporting that award. Findings that rebut the guidelines must state the amount of support that would have been required under the guidelines and include a justification of why the order varies from the guidelines.

(B) Application of these guidelines to an existing child support order, in and of itself, is not considered a change in circumstances for the modification of that existing order, except in a Title IV-D case.

(C) Pursuant to Section 43-5-580(b), the department shall promulgate regulations which include addressing establish child support guidelines as a rebuttable presumption. The department shall review these regulations at least once every four years to insure ensure that their application results in appropriate child support award amounts."

SECTION __. Section 20-7-1315 of the 1976 Code, as last amended by Act 510 of 1994, is further amended by adding at the end:

"(L) By January 1, 1996, the Child Support Enforcement Division of the Department of Social Services shall create and develop an Employer New Hire Reporting program. The Employer New Hire Reporting program shall provide a means for employers to assist in the state's efforts to locate absent parents who owe child support and collect child support from those parents by reporting information concerning newly hired and rehired employees directly to the division. The following provisions apply to the Employer New Hire Reporting program:

(1) An employer doing business in this State shall participate in the Employer New Hire Reporting program by reporting to the Child Support Enforcement Division:

(a) the hiring of a person who resides or works in this State to whom the employer anticipates paying earnings; or

(b) the rehiring or return to work of an employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment.

(2) The Employer New Hire Reporting program applies to a person who is expected to:

(a) be employed for more than one month's duration;

(b) be paid for more than three hundred fifty hours during a continuous six-month period; or

(c) have gross earnings of more than three hundred dollars in each month of employment.

(3) An employer required to report under item (1) shall submit monthly reports regarding each hiring, rehiring, or return to work of an employee during the preceding month. The report must contain:


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(a) the employee's name, address, social security number, date of birth, and salary information; and

(b) the employer's name, address, and employer identification number.

(4) Employers reporting to the Employer New Hire Reporting program shall provide information to the Child Support Enforcement Division by:

(a) sending a copy of the new employee's W-4 form;

(b) completing a form supplied by the Child Support Enforcement Division; or

(c) any other means authorized by the Child Support Enforcement Division for conveying the required information, including electronic transmission or magnetic tapes in compatible formats.

(5) An employer is authorized by this section to disclose the information described in item (3) and is not liable to the employee for the disclosure or subsequent use by the Child Support Enforcement Division of the information.

(6) For each employee reported under the Employer New Hire Reporting program, the Child Support Enforcement Division shall retain the information only if the division is responsible for establishing, enforcing, or collecting a support obligation of the employee. If the division is not responsible for establishing, enforcing, or collecting a support obligation of the employee, the division must not create a record regarding the employee and the information provided by the employer must be destroyed promptly.

(7) An employer of an obligor who knowingly violates this section is subject to a civil fine not to exceed five hundred dollars which may be imposed by the court in its discretion."/

Amend further, Part VI, page 31, by adding after line 43:

/SECTION 5. Article 5, Chapter 5, Title 43 of the 1976 Code is amended by adding:

"Section 43-5-585. The department shall provide consumer credit reporting agencies an automated monthly report of obligors in Title IV-D cases who have not made a payment on their child support obligation for two consecutive months.

The department shall establish procedures for notice and an opportunity for a review for obligors who contest the submission to the consumer credit reporting agency. The procedures shall limit the review to a dispute concerning the identity of the obligor or the existence or amount of the arrearage."/


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Amend further, by inserting after Part VI, an appropriately numbered part to read:
/Part

Administrative Reforms

SECTION 1. The Department of Social Services, with existing resources and personnel, shall develop simplified AFDC, Medicaid, and food stamp application forms and instructions which are understandable. If necessary, for compliance with federal regulations, the department shall apply to the federal government for waivers.

SECTION 2. The Department of Social Services and the Department of Health and Human Services Finance Commission shall review and, to the extent possible, ensure that federal and state procurement and purchasing regulations do not unnecessarily delay services to AFDC clients and child care and transportation providers to AFDC clients.

SECTION 3. As applicable, all state agencies shall adopt Electronic Data Interchange Standards as set forth by the Budget and Control Board, Office of Research and Statistics Information Resource Planning and Management so that exchanges and sharing of information concerning AFDC clients and revenue sources are freely available. However, in the exchange and sharing of information all requirements for confidentiality of information must be maintained. For the next two years these state agencies shall report to the Budget and Control Board, Division of Information Resource Technology before January first on the agency's progress and compliance with this section and its utilization of the system created as a result of this action.

SECTION 4. The Department of Social Services in conjunction with the Department of Education shall:

(1) ensure that existing continuing education and adult education programs are designed to advance AFDC clients in attaining self-sufficiency and that the location, scheduling, and other mechanics of these programs are structured so as to maximize access by AFDC clients;

(2) endorse and promote school-to-work transition programs to link at-risk secondary school students to the workplace and to appropriate work related post-secondary education.

SECTION 5. (A) The Department of Social Services in conjunction with the State Board for Technical and Comprehensive Education shall:

(1) work closely with businesses and industries in South Carolina to design curriculums to produce students with skills needed by these businesses and industries;

(2) develop specially designed curriculums that target and train AFDC clients in keeping with the clients' identified aptitudes, interests,


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and abilities for occupations identified by the Employment Security Commission as the top growth occupations of the future.

(B) For the next three years the Department of Social Services and the State Board for Technical Education shall report before January first to the Governor and the General Assembly on the projects completed under this section, the number of AFDC families served, and shall evaluate their effectiveness in assisting AFDC families in becoming self-sufficient./

Amend further, Part IX, page 35, by deleting Section 4 in its entirety and inserting:

/SECTION 4. This act takes effect upon approval by the Governor except that Part III, Sections 6, 11, 12, and 13; Part IV, Sections 1, 3, 4, 5, and 6; Part V, Sections 1, 2, 3, 5, 6, 7, and 8; and Part VI, Section 4 take effect ninety days after receipt of approval of a federal waiver authorizing the department to implement these provisions or ninety days after federal law permits implementation. Part VI, Section 5 takes effect January 1, 1996./

Renumber sections to conform.

Amend title to conform.

Amendment No. 1

Senator MARTIN proposed the following Amendment No. 1 (PT\1928AC.95), which was tabled:

Amend the bill, as and if amended, Part IV, Page 12, by deleting SECTION 4 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

Senator WILSON argued contra to the adoption of the amendment.

Senator WILSON moved to lay the amendment on the table.

The amendment was laid on the table.

Leave of Absence

At 12:45 P.M., Senator DRUMMOND requested a leave of absence until 1:30 P.M.


Printed Page 2768 . . . . . Thursday, May 11, 1995

Amendment No. 3

Senator SHORT proposed the following Amendment No. 3 (3613R005.LHS), which was adopted:

Amend the bill, as and if amended, page 17, by striking lines 1-30, and inserting in lieu thereof the following:

/(a) a certificate, license, credential, permit, registration, or any other authorization issued by a licensing entity that allows an individual or is required of an individual to engage in a business, occupation, or profession and includes, but is not limited to, a medical license, teaching certificate, commission and certificate of training from the South Carolina Criminal Justice Academy for a sworn law enforcement officer, and a hunting, fishing, or trapping license for commercial use;

(b) a driver's license and includes, but is not limited to, a beginner's or instruction permit, a restricted driver's license, a motorcycle driver's license, or a commercial driver's license;

(c) a hunting, fishing, or trapping license for recreational purposes;

(d) a watercraft registration.

`License' does not include the authority to practice law; however, the Supreme Court may consider as an additional ground for the discipline of members of the bar the wilful violation of a court order including an order for child support and the department has grounds to file a grievance with the Supreme Court if a licensed attorney is in wilful violation of a court order for child support.

(5) `Licensee' means an individual holding a license issued by a licensing entity. `Licensee' also includes a general partner, or an individual who holds a majority interest or a controlling interest in a corporation or in a partnership, corporation or other legal entity who has been named in an order of child support notwithstanding the fact that the license is issued in the name of the corporation, partnership or other legal entity.

(6) `Licensing entity' or `entity' means, for the purposes of issuing or revoking a license, a state agency, board, department, office, or commission that issues a license./

Amend title to conform.

Senator SHORT explained the amendment.

The amendment was adopted.


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Amendment No. 9

Senator SHORT proposed the following Amendment No. 9 (3613R012.LHS), which was adopted:

Amend the bill, as and if amended, page 12, line 4, by adding the following after the word /months/:

/only, except with the express permission of the county director,/

Amend title to conform.

Senator SHORT explained the amendment.

Senator SHORT moved that the amendment be adopted.

The amendment was adopted.

Clerk's Statement and Correction

A review of Amendment No. 9 contained a scrivener's error. The following text should be incorporated on page 12 of H. 3613 to replace lines 1 through 5:

/family. Every sixty days the department shall conduct a review of the recipient's compliance with the requirements of this item. Under this review, assistance provided pursuant to this item may only be extended for up to an additional twelve months. At the end of the twelve-month extension, assistance may only be provided with the express permission of the county director who must certify that the person is engaged in education, training, or other employment- related activities./

/s/ Frank Caggiano

Amendment No. 5

Senator SHORT proposed the following Amendment No. 5 (BR1\18409AC.95):

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 twenty-four month time limit set out in Part IV, Section 1 for two years. If this waiver is denied, the department shall apply to the federal government for a waiver authorizing a grant of three 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


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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 twenty-four month time limit set out in Part IV, Section 1, begins employment. Benefits provided under this section do not count against the twenty-four month time limit set out in Part IV, Section 1.


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