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

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| Printed Page 770, Mar. 3 | Printed Page 790, Mar. 7 |
Printed Page 780 . . . . . Friday, March 3, 1995
THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 585 -- Senator Reese: A BILL TO AMEND ACT 813 OF 1946, AS AMENDED, RELATING TO THE CREATION OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.

(By prior motion of Senator COURTNEY)

ADJOURNMENT

At 11:40 A.M., on motion of Senator COURSON, the Senate adjourned to meet next Tuesday, March 7, 1995, at 12:00 Noon.

* * *

Printed Page 781 . . . . . Tuesday, March 7, 1995
Tuesday, March 7, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear words recorded in the ancient Book of Ezra (NRSV) (7:23):

"Whatever is commanded by the God of

heaven, let it be done with zeal."
Let us pray.

O holy and merciful God of our fathers, we know that Ezra was a scribe and a priest... and not a legislator.

We know also that it is easier to enunciate principles of life than it is to formulate the specifics of ethical conduct.

Yet we do humbly confess that we have not always tried as hard as we might have to discipline ourselves and bring our daily deeds to conform to the high principles we profess.

We confess with St. Paul when he said,

"I often find that I have the

will to do good,

But not the power."

Give us this day, O Lord, the knowledge, the will, and the power, to do the good we know we ought to do.

Amen.

Point of Quorum

Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:

Cork              Courson          Courtney

Drummond          Elliott          Ford

Giese             Glover           Gregory

Hayes             Holland          Jackson

Land              Lander           Leatherman

Leventis          Martin           Matthews





Printed Page 782 . . . . . Tuesday, March 7,
1995



McConnell          McGillMescher

Moore             O'Dell           Passailaigue

Patterson         Peeler           Rankin

Reese             Richter          Rose

Russell           Ryberg           Saleeby

Setzler           Short            Smith, J.V.

Stilwell          Thomas           Waldrep

Washington        Williams         Wilson

A quorum being present, the Senate resumed.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

January 18, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointment

Initial Appointment, State Commission for Minority Affairs, with term to commence June 30, 1993, and to expire June 30, 1997:

5th Congressional District:

Mr. James E. Crawford, 3 Foundry Hill Road, Cheraw, S.C. 29520

Referred to the Committee on Judiciary.

Printed Page 783 . . . . . Tuesday, March 7, 1995
MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

February 28, 1995
Mr. President and Members of the Senate:

I respectfully request withdrawal from your consideration the appointments below.

Respectfully,
David M. Beasley

Statewide Appointments

Initial Appointment, Juvenile Parole Board, with term to commence September 30, 1994, and to expire June 30, 1998:

3rd Congressional District:

Randall T. Ruble, Ph.D., P.O. Box 172, Due West, S.C. 29639 VICE Marlene McClain

Referred to the Committee on Corrections and Penology.

Initial Appointment, Juvenile Parole Board, with term to commence September 30, 1991, and to expire September 30, 1995:

At-Large:

Mrs. Sondra L. Campbell, 2312 Discher Street, Charleston, S.C. 29405 VICE Herbert J. Walton (resigned)

Referred to the Committee on Corrections and Penology.

REGULATION WITHDRAWN

The following was received:

Document No. 1766
Promulgated by Real Estate Appraisers Board, Department of Labor, Licensing and Regulation
Regulations Relating to Licensing, Certification, Fees, Continuing Education of Real Estate Appraisers
Received by Lt. Governor April 12, 1994
Referred to Senate Committee on Labor, Commerce and Industry
Withdrawn March 6, 1995

Printed Page 784 . . . . . Tuesday, March 7, 1995
Doctor of the Day

Senator STILWELL introduced Dr. Donald Gregg of Greenville, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator STILWELL, at 12:00 Noon, Senator BRYAN was granted a leave of absence until 3:00 P.M.

Leave of Absence

On motion of Senator MARTIN, at 12:30 P.M., Senator ALEXANDER was granted a leave of absence until 2:30 P.M.

Point of Personal Privilege

Senator MOORE rose to a Point of Personal Privilege.

RECALLED

H. 3534 -- Reps. Wilkins, Tripp, Knotts, Whatley, Harrell, Wofford, A. Young, Hutson, Sandifer, Walker, Littlejohn, Herdklotz, Jaskwhich, Meacham, Fleming, Cain, Kelley, Simrill, Law, Mason, Jennings, Kennedy, Cato, Rice, Klauber, Stuart, Gamble, J. Young, Cotty, Shissias, Haskins, Harrison, Riser, Huff, Robinson, Marchbanks, H. Brown, Witherspoon, Baxley, Lanford, Waldrop and Easterday: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 10 ENACTING THE ENTERPRISE ZONE ACT OF 1995 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF ENTERPRISE ZONES IN WHICH VARIOUS TAX INCENTIVES MAY APPLY FOR BUSINESSES, TO PROVIDE THE CRITERIA FOR AREAS TO QUALIFY AS ENTERPRISE ZONES, TO PROVIDE THAT BUSINESSES QUALIFY FOR ENTERPRISE ZONE INCENTIVES BY MEANS OF ENTERING INTO A REVITALIZATION AGREEMENT WITH THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, TO PROVIDE INCENTIVES, DEPENDING ON ELIGIBILITY, THAT INCLUDE THE MAXIMUM CREDIT ALLOWED UNDER THE TARGETED JOBS TAX CREDIT AND AN ADDITIONAL CREDIT FOR EMPLOYEES FORMERLY RECEIVING AFDC, FEE IN LIEU OF TAXES FOR PROPERTY TAXES, RETAINING AN AMOUNT OF EMPLOYEE WAGES NOT TO EXCEED FIVE PERCENT FOR FIFTEEN YEARS FOR DEVELOPMENT EXPENSES AND ALLOWING INDIVIDUAL INCOME TAX CREDITS FOR EMPLOYEES AND WITHHOLDING TAX CREDITS FOR

Printed Page 785 . . . . . Tuesday, March 7, 1995
EMPLOYERS AND EMPLOYEES EQUAL TO THE RETAINED AMOUNT, AND TO PROVIDE THE CRITERIA FOR SELECTING OF QUALIFYING BUSINESSES AND PROJECTS.

Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

On motion of Senator DRUMMOND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

Senator PASSAILAIGUE, with unanimous consent, was granted leave to speak on the Bill.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 604 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-114 SO AS TO PROVIDE THAT PASSENGER VANS OWNED OR OPERATED BY LOCAL CHAPTERS OF THE NATIONAL FEDERATION OF THE BLIND OF SOUTH CAROLINA MUST BE INSURED FOR MINIMUM AUTOMOBILE INSURANCE COVERAGES AT THE SAME STANDARD RATES AS ANY COMPARABLE PASSENGER VAN OWNED OR OPERATED BY ANY STATE AGENCY, AND REQUIRE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO ENFORCE THESE PROVISIONS BY APPROPRIATE REGULATIONS, RULINGS, OR ORDERS.

Read the first time and referred to the Committee on Banking and Insurance.

S. 605 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-130 SO AS TO REQUIRE EACH SCHOOL DISTRICT IN THIS STATE TO HAVE A CERTAIN NURSE-STUDENT RATIO FOR VARIOUS SCHOOL YEARS AND TO PROVIDE FOR A SUPPLEMENTAL FUNDING PLAN FOR THE NURSE-STUDENT RATIO REQUIREMENTS.

Read the first time and referred to the Committee on Education.

Printed Page 786 . . . . . Tuesday, March 7, 1995
S. 606 -- Senator Short: A BILL TO AMEND TITLE 59, CHAPTER 65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTENDANCE OF PUPILS, BY ADDING ARTICLE 7 SO AS TO ENACT THE SCHOOL HEALTH ACT OF 1995 SO AS TO REQUIRE PRE-SCHOOL HEALTH ASSESSMENTS AS A PREREQUISITE TO ATTENDING KINDERGARTEN OR FIRST GRADE AND TO PROVIDE EXCEPTIONS; AND TO AMEND TITLE 20, CHAPTER 7, RELATING TO THE CHILDREN'S CODE, BY ADDING ARTICLE 28 SO AS TO DIRECT EACH SCHOOL DISTRICT IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONVENE A SCHOOL HEALTH PLANNING COMMITTEE TO ASSESS THE HEALTH STATUS OF CHILDREN AND TO DEVELOP AND IMPLEMENT A SCHOOL-BASED HEALTH SERVICES PROGRAM TO COMPLEMENT EXISTING HEALTH CARE SERVICES TO BE PROVIDED FOR STUDENTS AT THE OPTION OF THE PARENTS AND TO PROVIDE FOR THE SERVICES TO BE PROVIDED, CONFIDENTIALITY OF RECORDS, AND BILLING AND PROGRAM REVIEW PROCEDURES.

Read the first time and referred to the Committee on Education.

S. 607 -- Senator Leatherman: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, SECTIONS 14 AND 15, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE BONDED INDEBTEDNESS OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS, SO AS TO INCREASE THE GENERAL OBLIGATION DEBT LIMIT FROM EIGHT TO TWELVE PERCENT OF THE ASSESSED VALUE OF ALL TAXABLE PROPERTY OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS.

Read the first time and referred to the Committee on Finance.

S. 608 -- Senator Richter: A BILL TO AMEND SECTION 56-5-765, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A LAW ENFORCEMENT AGENCY MOTOR VEHICLE OR MOTORCYCLE, SO AS TO PROVIDE THAT INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A LAW ENFORCEMENT MOTOR VEHICLE OR MOTORCYCLE MUST BE INVESTIGATED BY ANOTHER AGENCY WHEN INJURY OR DEATH OCCURS OR INVOLVES A PRIVATELY-OWNED MOTOR VEHICLE OR MOTORCYCLE.

Read the first time and referred to the Committee on Judiciary.

Printed Page 787 . . . . . Tuesday, March 7, 1995
S. 609 -- Senators Leatherman, J. Verne Smith, Saleeby, Stilwell, Lander, Wilson and Ryberg: A BILL TO AMEND SECTION 43-7-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECOVERY FROM AN ESTATE FOR MEDICAL ASSISTANCE PAID UNDER MEDICAID, SO AS TO FURTHER SPECIFY SERVICES CONSIDERED TO BE MEDICAL ASSISTANCE AND TO REVISE FROM WHOM RECOVERY MAY BE SOUGHT.

Senator LEATHERMAN spoke on the Bill.

Read the first time and referred to the Committee on Medical Affairs.

H. 3747 -- Reps. Harvin and P. Harris: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA TUITION GRANTS PROGRAM ON ITS SILVER ANNIVERSARY AND COMMENDING THIS PROGRAM FOR ITS EXCELLENT WORK.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3748 -- Reps. Koon, Gamble, Knotts, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JASON DOOLEY OF LEXINGTON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3749 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION CONGRATULATING ARTHUR ELLIOTT HOLMAN, JR., OF ANDERSON COUNTY ON BEING CHOSEN "SMALL BUSINESS PERSON OF THE YEAR" BY THE ANDERSON AREA CHAMBER OF COMMERCE.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3754 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE REVEREND DENNY M. HILL OF GREER AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3755 -- Rep. Tucker: A CONCURRENT RESOLUTION SALUTING SWISS-BASED MIKRON INSTRUMENT COMPANY ON

Printed Page 788 . . . . . Tuesday, March 7, 1995
ITS INTENDEDCONSTRUCTION OF A SEVEN-MILLION-DOLLAR INJECTION-MOLDING PLANT OFF SOUTH CAROLINA HIGHWAY 187 IN ANDERSON COUNTY.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3756 -- Reps. Tucker, P. Harris and Cooper: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JAMES ROBERT "ROB" ROGERS, SR., OF PIEDMONT, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was adopted, ordered returned to the House.

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 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

Printed Page 789 . . . . . Tuesday, March 7, 1995
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 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
Printed Page 790 . . . . . Tuesday, March 7, 1995
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 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".

Read the first time and referred to the General Committee.

| Printed Page 770, Mar. 3 | Printed Page 790, Mar. 7 |
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