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 1130, Mar. 1 | Printed Page 1150, Mar. 1 |

Printed Page 1140 . . . . . Wednesday, March 1, 1995

(5) the starting salary of employed participants, the average hours of employment, and the nature of employment attained, by occupational category;

(6) AFDC participants' job retention rate;

(7) grant reductions or grant eliminations resulting from employment and training activities and estimates of total welfare cost avoidance;

(8) a statistically valid random sample to provide information concerning the number of participants still employed and wages at specific periods after initial employment including data at ninety days, six months, one year, and two years.

(B) The department shall maintain this data and may contract with a qualified organization for the evaluation. The data collection system for this evaluation must be designed to collect data in the least expensive and least time consuming manner possible and to utilize control groups. Utilizing data compiled, the department shall report its findings to the governor and to the general assembly by January 1, 1997, and biennially thereafter.

Part IX

Severability, Designation of Code Sections,
and Time Effective

SECTION 1. If any provision of this act or the application of a provision of this act to a person or circumstance is held invalid, that invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision of application, and to this end the provisions of this act are severable.

SECTION 2. Sections 20-70-840 through 20-7-938 of the 1976 Code are designated as Part I, Subarticle 3, Article 9, Chapter 7, Title 20 and named "Child Support Proceedings and Enforcement".

SECTION 3. Notwithstanding the definition of "compliance with an order for support", as contained in Section 20-7-941 of the 1976 Code, as added by Part VI, Section 2 of this act:

(1) From January 1, 1996, to June 30, 1996, "compliance with an order for support" means that pursuant to an order for support the person required to pay under the order is in arrears no more than an amount equal to six months' support obligation.

(2) From July 1, 1996, to December 31, 1996, "compliance with an order for support" means that pursuant to an order for support the person required to pay under the order is in arrears no more than an amount equal to four months' support obligation.

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,


Printed Page 1141 . . . . . Wednesday, March 1, 1995

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.

Renumber sections to conform.

Amend title to conform.

Rep. HUFF explained the amendment.

Rep. HUFF spoke in favor of the amendment.

Rep. COTTY spoke in favor of the amendment.

Rep. COTTY spoke in favor of the amendment.

Rep. McELVEEN spoke in favor of the amendment.

The amendment was then adopted.

Reps. HODGES, COBB-HUNTER and NEAL proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BR1\18210AC.95), which was tabled.

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

/SECTION __. In order to ensure the success of a family's ability to retain employment, adequate child care must be available. The State of South Carolina shall provide child care vouchers providing fifty dollars per month, for up to two children, for families with total income up to one hundred eighty-five percent of the federal poverty level. The department shall administer the program, and eligible families may apply at department county offices./

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. HODGES continued speaking.

SPEAKER IN CHAIR

Rep. HUFF moved to table the amendment, which was agreed to.

Rep. HASKINS moved that the House recede until 2:00 P.M., which was adopted.


Printed Page 1142 . . . . . Wednesday, March 1, 1995

Further proceedings were interrupted by the House receding, the pending question being consideration of amendments.

THE HOUSE RESUMES

At 2:00 P.M. the House resumed, the SPEAKER in the Chair.

LEAVE OF ABSENCE

The SPEAKER granted Rep. KNOTTS a temporary leave of absence.

H. 3613--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of amendments.

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


Printed Page 1143 . . . . . Wednesday, March 1, 1995

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 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
Printed Page 1144 . . . . . Wednesday, March 1, 1995

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 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".

Reps. HODGES, COBB-HUNTER and NEAL proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BR1\18211AC.95), which was tabled.

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

/SECTION __. In order to ensure the success of a family's ability to retain employment, adequate child care must be available. The State of South Carolina shall provide child care vouchers providing one hundred dollars per month, for up to two children, for families with total income up to one hundred eighty-five percent of the federal poverty level. The department shall administer the program, and eligible families may apply at department county offices./

Renumber sections to conform.

Amend title to conform.


Printed Page 1145 . . . . . Wednesday, March 1, 1995

Rep. HODGES explained the amendment and moved to adjourn debate upon the amendment.

Rep. HUFF moved to table the amendment.

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

Yeas 52; Nays 32

Those who voted in the affirmative are:

Allison          Boan             Brown, H.
Cain             Cato             Chamblee
Cotty            Dantzler         Delleney
Easterday        Fair             Fleming
Harrell          Harris, J.       Harrison
Herdklotz        Huff             Hutson
Jaskwhich        Keegan           Kinon
Kirsh            Klauber          Koon
Lanford          Law              Limbaugh
Limehouse        Littlejohn       Marchbanks
Meacham          Rice             Richardson
Riser            Robinson         Sandifer
Sharpe           Simrill          Smith, D.
Smith, R.        Tripp            Trotter
Vaughn           Walker           Wells
Whatley          Wilkins          Witherspoon
Wofford          Wright           Young, A.
Young, J.

Total--52

Those who voted in the negative are:

Anderson         Askins           Baxley
Beatty           Breeland         Brown, G.
Cave             Clyburn          Cobb-Hunter
Cromer           Gamble           Harvin
Hines            Hodges           Inabinett
Kelley           Kennedy          Lloyd
McAbee           McMahand         Neal
Sheheen          Shissias         Spearman
Stoddard         Thomas           Whipper, L.


Printed Page 1146 . . . . . Wednesday, March 1, 1995

Whipper, S.      White           Wilder
Wilkes           Worley

Total--32

So, the amendment was tabled.

Rep. HODGES proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\BR1\18202AC.95).

Amend the bill, as and if amended, Part III, Section 12, by adding at the end:

/This program must include a family planning assessment when 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 controlling family size. If a recipient chooses a birth control method including, but not limited to, tubal ligation or vasectomy, for which Medicaid will not pay, the department shall pay for that birth control method. Family planning services must be available to any family whose income is at or below one hundred eighty-five percent of the federal poverty level to prevent families from needing AFDC due to unwanted pregnancies. No funds under this section may be expended for an abortion./

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. SHISSIAS spoke in favor of the amendment.

SPEAKER IN CHAIR

Rep. SHISSIAS continued speaking.

Rep. SHISSIAS spoke in favor of the amendment.

Reps. McELVEEN and CROMER spoke in favor of the amendment.

Rep. FELDER spoke upon the amendment.

Rep. FELDER moved to adjourn debate upon the amendment, which was adopted.


Printed Page 1147 . . . . . Wednesday, March 1, 1995

Rep. HODGES proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\BR1\18207AC.95), which was tabled.

Amend the bill, as and if amended, page 3613-8, Part IV, by inserting on line 37 after Section 1:

/SECTION 2. 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 established in Part IV, Section 1, 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./

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

Rep. L. WHIPPER spoke in favor of the amendment.

Rep. HARRISON moved to table the amendment.

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

Yeas 63; Nays 43

Those who voted in the affirmative are:

Allison          Bailey           Baxley
Boan             Brown, H.        Cain
Cato             Chamblee         Cooper
Cotty            Dantzler         Delleney
Easterday        Fair             Fleming
Gamble           Harrell          Harris, P.
Harrison         Harwell          Haskins
Herdklotz        Huff             Hutson
Jaskwhich        Keegan           Kelley
Kinon            Kirsh            Klauber
Koon             Lanford          Law
Limbaugh         Littlejohn       Marchbanks
Mason            McCraw           Meacham
Rice             Richardson       Riser
Robinson         Sandifer         Sharpe
Simrill          Smith, D.        Smith, R.
Stuart           Tripp            Trotter
Vaughn           Waldrop          Walker


Printed Page 1148 . . . . . Wednesday, March 1, 1995

Wells            Whatley          Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, J.

Total--63

Those who voted in the negative are:

Anderson         Askins           Breeland
Brown, G.        Byrd             Cave
Clyburn          Cobb-Hunter      Cromer
Elliott          Govan            Harris, J.
Harvin           Hines            Hodges
Howard           Jennings         Kennedy
Keyserling       Lloyd            Martin
McAbee           McElveen         McMahand
McTeer           Neal             Neilson
Phillips         Rhoad            Rogers
Scott            Sheheen          Shissias
Spearman         Stille           Stoddard
Townsend         Whipper, L.      Whipper, S.
White            Wilder           Wilkes
Williams

Total--43

So, the amendment was tabled.

Reps. HUFF, A. YOUNG, COTTY FLEMING, HARRISON and WILKINS proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\BR1\18204AC.95), which was adopted.

Amend the bill, as and if amended, page 3613-8, line 32, item (7), by striking /; or/ at the end and inserting /./.

Amend further, page 3613-8, by deleting item (8) beginning on line 33.

Renumber sections to conform.

Amend title to conform.

Rep. HUFF explained the amendment.

Rep. CROMER spoke against the amendment.

Rep. THOMAS spoke against the amendment and moved to adjourn debate upon the amendment.

Rep. SCOTT moved to table the amendment.


Printed Page 1149 . . . . . Wednesday, March 1, 1995

Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Yeas 34; Nays 75

Those who voted in the affirmative are:

Anderson         Beatty           Breeland
Brown, G.        Brown, J.        Byrd
Cave             Clyburn          Cobb-Hunter
Govan            Hines            Hodges
Howard           Hutson           Inabinett
Kennedy          Keyserling       Lloyd
Martin           McAbee           McElveen
McMahand         McTeer           Neal
Scott            Sheheen          Shissias
Spearman         Thomas           Whipper, L.
Whipper, S.      Wilder           Wilkes
Williams

Total--34

Those who voted in the negative are:

Allison          Bailey           Baxley
Boan             Brown, H.        Cain
Cato             Chamblee         Cooper
Cotty            Cromer           Davenport
Delleney         Easterday        Elliott
Fair             Felder           Fleming
Gamble           Harrell          Harris, J.
Harris, P.       Harrison         Harwell
Haskins          Herdklotz        Huff
Jaskwhich        Jennings         Keegan
Kelley           Kinon            Kirsh
Klauber          Koon             Lanford
Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       Mason
McCraw           Meacham          Neilson
Phillips         Rhoad            Rice
Richardson       Riser            Robinson
Sandifer         Sharpe           Simrill
Smith, D.        Smith, R.        Stille
Stoddard         Stuart           Townsend


Printed Page 1150 . . . . . Wednesday, March 1, 1995

Tripp            Trotter          Vaughn
Waldrop          Walker           Wells
Whatley          White            Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, J.

Total--75
So, the House refused to table the amendment.


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