Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

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| Printed Page 1280, Jan. 27 | Printed Page 1300, Jan. 27 |

Printed Page 1290 . . . . . Thursday, January 27, 1994

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Yeas 15; Nays 93

Those who voted in the affirmative are:

Baker            Cato             Cooper
Davenport        Fair             Koon
McCraw           McLeod           Riser
Robinson         Trotter          Williams
Witherspoon      Wofford          Wright

Total--15

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Askins           Bailey, G.
Bailey, J.       Barber           Baxley
Boan             Breeland         Brown, H.
Brown, J.        Carnell          Chamblee
Cobb-Hunter      Corning          Cromer
Delleney         Elliott          Farr
Fulmer           Gamble           Gonzales
Govan            Graham           Hallman
Harrell          Harris, J.       Harris, P.
Harrison         Harvin           Harwell
Haskins          Hines            Hodges
Holt             Houck            Huff
Hutson           Jaskwhich        Jennings
Keegan           Kelley           Kennedy
Keyserling       Kinon            Kirsh
Klauber          Lanford          Law
Littlejohn       Marchbanks       Martin
Mattos           McAbee           McElveen
McKay            Meacham          Moody-Lawrence
Neal             Neilson          Phillips
Rhoad            Richardson       Rogers
Rudnick          Scott            Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Snow             Spearman
Stille           Stoddard         Stuart

Printed Page 1291 . . . . . Thursday, January 27, 1994

Sturkie          Thomas           Tucker
Vaughn           Waites           Waldrop
Walker           Wells            Whipper
White            Wilder, D.       Wilder, J.
Wilkins          Worley           Young, A.

Total--93

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

H. 3922--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

H. 3922 -- Rep. Sheheen: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED NONPROFIT HOUSING CORPORATIONS EXCLUSIVELY PROVIDING BELOW-COST HOUSING FOR HANDICAPPED PERSONS OR BOTH AGED AND HANDICAPPED PERSONS TO NONPROFIT CORPORATIONS EXCLUSIVELY PROVIDING BELOW-COST SUPPORTIVE HOUSING FOR ELDERLY PERSONS OR HOUSEHOLDS AUTHORIZED PURSUANT TO APPROPRIATE FEDERAL LAWS AND TO DELETE OBSOLETE LANGUAGE.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3033--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

H. 3033 -- Reps. Cobb-Hunter, Whipper, Breeland, Inabinett, Waites, Neal, Haskins and Huff: A BILL TO AMEND SECTIONS 16-3-615 AND 16-3-659.1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOUSAL SEXUAL BATTERY, SO AS TO PROVIDE


Printed Page 1292 . . . . . Thursday, January 27, 1994

THAT PROVISIONS GOVERNING THE ADMISSIBILITY OF EVIDENCE CONCERNING A VICTIM'S SEXUAL CONDUCT APPLY IN SPOUSAL SEXUAL BATTERY.

Rep. HODGES explained the Senate amendment.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4523--ADOPTED

The following House Resolution was taken up.

H. 4523 -- Reps. Wells, Allison, Lanford, Walker, Davenport, D. Smith, D. Wilder and Littlejohn: A HOUSE RESOLUTION TO EXTEND STUDENTS FROM THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND BLIND AND THEIR TEACHERS THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MARCH 16, 1994, FOR THE PURPOSE OF A MUSICAL PERFORMANCE.

Be it resolved by the House of Representatives:

That students from the South Carolina School for the Deaf and Blind and their teachers are granted the privilege of the floor of the House of Representatives on Wednesday, March 16, 1994, at a time to be determined by the Speaker, for the purpose of a musical performance.

The Resolution was adopted.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MATTOS a leave of absence for the remainder of the day.

H. 4515--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 4515 -- Reps. Tucker and Chamblee: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ADD LEFT TURN PHASES OR ARROWS TO CERTAIN TRAFFIC SIGNALS IN ANDERSON COUNTY.

Whereas, it has come to the attention of members of the General Assembly that some potentially dangerous intersections in Anderson


Printed Page 1293 . . . . . Thursday, January 27, 1994

County could be made safer by changes in the traffic signals located there; and

Whereas, the members of the General Assembly, by this resolution, hereby direct the Department of Transportation to add left turn phases or arrows to the traffic signal at the intersection of U. S. Route 76 and S. C. Route 28 at Road S-58 in Sandy Springs in Anderson County. Now, therefore,

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

That the members of the General Assembly hereby direct the Department of Transportation to add left turn phases or arrows to the traffic signal at the intersection of U. S. Route 76 and S. C. Route 28 at Road S-58 in Sandy Springs in Anderson County.

Be it further resolved that a copy of this resolution be forwarded to the Director of the Department of Transportation.

The Concurrent Resolution was adopted and ordered sent to the Senate.

S. 1011--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 1011 -- Senators Lander, Matthews and Setzler: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 16, 1994, AS "CHILDREN WITH DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF LIFE ABILITIES, SOUTH CAROLINA SOCIETY FOR CHILDREN AND ADULTS WITH DISABILITIES, INC., AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 16, 1994, AT WHICH TIME THE STATE LIFE ABILITIES REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

Whereas, Life Abilities has again embarked upon its most worthwhile project to raise funds for children with disabilities, culminating in the forty-second annual "B.A.C.-Coffee Day for Children with Disabilities" in South Carolina on Good Friday, April 1, 1994; and

Whereas, under the statewide leadership of Edwin W. Fisher, State Life Abilities President, ably assisted by Captain James Braddock of the South Carolina Highway Patrol who is State President of the South Carolina Law Enforcement Officers Association, John L. Caudle, II, Executive Director of the South Carolina Law Enforcement Officers Association, Thomas L. Sponseller, Executive Director of the South Carolina Restaurant


Printed Page 1294 . . . . . Thursday, January 27, 1994

Association, and Skip Condon, State President of the South Carolina Restaurant Association, this program is destined to raise thousands of dollars to aid our very deserving children and assist them in overcoming their disabilities; and

Whereas, the "B.A.C." buttons go on sale Wednesday, March 16, 1994; and

Whereas, the "B.A.C." project and all other programs of Life Abilities deserve the support, merit, and praise of all citizens of the State. Now, therefore,

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

That Wednesday, March 16, 1994, is designated "Children with Disabilities Day" in South Carolina and that Mark Thigpen, son of the Reverend and Mrs. Paul D. Thigpen of Darlington County; Zach Hopkins, son of Mr. and Mrs. Bill Hopkins of Spartanburg County; Eric Vasquez, son of Ms. Wanda Maldonado of Richland County; and Randall Ford, daughter of Mr. and Mrs. Joe Ford of Georgetown County, who have been chosen to serve as State Life Abilities Representatives, be presented to the General Assembly, along with their parents in a joint session in the Hall of the House of Representatives on Wednesday, March 16, 1994.

Be it further resolved that the General Assembly extends to Life Abilities and its many dedicated supporters its sincere wishes for continued success in its many constructive and compassionate programs on behalf of persons with disabilities.

Be it further resolved that a copy of this resolution be forwarded to the executive director of Life Abilities, for distribution to the state chairmen of the various phases of the Life Abilities campaign and the "B.A.C." project, and to the State Life Abilities Representatives.

The Concurrent Resolution was adopted and ordered returned to the Senate.

MOTION PERIOD

H. 3246--RECALLED

Rep. H. BROWN moved to recall H. 4626 from the Education and Public Works Committee.

As a first substitute Rep. ROBINSON moved to recall H. 3243 from the Judiciary Committee.

As a second substitute Rep. HODGES moved to dispense with the balance of the Motion Period, which was rejected by a division vote of 35 to 55.


Printed Page 1295 . . . . . Thursday, January 27, 1994

As a second substitute, Rep. HUFF moved to recur to the morning hour, which was rejected by a division vote of 33 to 70.

As a second substitute Rep. CATO moved to recall H. 3246 from the Judiciary Committee.

Rep. HODGES moved to table the motion.

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

Yeas 49; Nays 59

Those who voted in the affirmative are:

Anderson         Barber           Baxley
Beatty           Boan             Breeland
Brown, G.        Brown, J.        Canty
Cobb-Hunter      Cromer           Delleney
Elliott          Farr             Felder
Gonzales         Govan            Harrelson
Harris, J.       Harwell          Hines
Hodges           Houck            Inabinett
Jennings         Kennedy          Keyserling
Kinon            Kirsh            Martin
McAbee           McCraw           McElveen
McKay            McLeod           McMahand
Moody-Lawrence   Neal             Phillips
Rogers           Rudnick          Scott
Snow             Tucker           Whipper
White            Wilder, J.       Wilkes
Williams

Total--49

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Allison
Bailey, G.       Bailey, J.       Baker
Brown, H.        Carnell          Cato
Chamblee         Cooper           Corning
Davenport        Fair             Fulmer
Gamble           Hallman          Harrell
Holt             Huff             Hutson
Jaskwhich        Keegan           Kelley
Klauber          Koon             Lanford

Printed Page 1296 . . . . . Thursday, January 27, 1994

Law              Littlejohn       Marchbanks
Meacham          Neilson          Quinn
Richardson       Riser            Robinson
Sharpe           Shissias         Simrill
Smith, R.        Spearman         Stille
Stoddard         Stuart           Sturkie
Thomas           Trotter          Vaughn
Waites           Waldrop          Walker
Wells            Wilder, D.       Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.

Total--59

So, the House refused to table the motion.

The question then recurred to the motion to recall H. 3246 from the Judiciary Committee.

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

Yeas 58; Nays 50

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Bailey, G.       Bailey, J.       Baker
Brown, H.        Carnell          Cato
Chamblee         Cooper           Corning
Davenport        Fair             Fulmer
Gamble           Hallman          Harrell
Harris, P.       Huff             Hutson
Jaskwhich        Keegan           Kelley
Klauber          Koon             Lanford
Law              Littlejohn       Marchbanks
Meacham          Neilson          Quinn
Richardson       Riser            Robinson
Sharpe           Shissias         Simrill
Smith, R.        Spearman         Stille
Stoddard         Stuart           Sturkie
Townsend         Trotter          Vaughn
Waites           Waldrop          Walker

Printed Page 1297 . . . . . Thursday, January 27, 1994

Wells            Wilder, D.       Wilkins
Witherspoon      Wofford          Wright
Young, A.

Total--58

Those who voted in the negative are:

Anderson         Askins           Barber
Baxley           Beatty           Boan
Breeland         Brown, G.        Brown, J.
Canty            Cobb-Hunter      Cromer
Delleney         Farr             Felder
Gonzales         Govan            Harrelson
Harris, J.       Harwell          Hines
Hodges           Holt             Inabinett
Jennings         Kennedy          Keyserling
Kinon            Kirsh            Martin
McAbee           McCraw           McElveen
McKay            McLeod           McMahand
Moody-Lawrence   Neal             Phillips
Rogers           Rudnick          Scott
Snow             Tucker           Whipper
White            Wilder, J.       Wilkes
Williams         Worley

Total--50

So, H. 3246 was recalled from the Judiciary Committee.

Rep. KLAUBER moved to recall H. 4544 from the Education and Public Works Committee.

As a first substitute Rep. J. BAILEY moved to recall H. 3245 from the Ways and Means Committee.

As a second substitute Rep. HODGES moved to dispense with the balance of the Motion Period, which was agreed to.

H. 4216--TABLED

The following Bill was taken up.

H. 4216 -- Rep. Davenport: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS


Printed Page 1298 . . . . . Thursday, January 27, 1994

THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN SPARTANBURG COUNTY UNTIL JULY 1, 1994.

Rep. DAVENPORT moved to table the Bill, which was agreed to.

H. 3267--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3267 -- Reps. Corning, Cato, Sturkie, Haskins, Fulmer, Quinn, Wells, Klauber, Robinson, A. Young, Cooper, Davenport, R. Smith, Fair, Meacham, Simrill, Walker, Moody-Lawrence, Delleney, Felder, Littlejohn, H. Brown, Baker, Worley, Gonzales, Stone, Harwell, Marchbanks, Sharpe, Wofford, Allison, Chamblee, Vaughn, Clyborne, Huff, Wright, Koon, Lanford, R. Young, Wilkins, Graham and Jaskwhich: A BILL TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1 OF CHAPTER 41, TITLE 44, AND TO ENTITLE THE ARTICLE "ABORTIONS GENERALLY"; TO AMEND CHAPTER 41, TITLE 44, RELATING TO ABORTIONS, BY ADDING ARTICLE 3 SO AS TO ENACT THE "WOMAN'S RIGHT TO KNOW ACT", INCLUDING PROVISIONS FOR PENALTIES; TO PROVIDE THAT THE PRINTED MATERIALS REQUIRED TO BE PUBLISHED PURSUANT TO SECTION 44-41-340, AS ADDED BY THIS ACT, MUST BE PUBLISHED ON OR BEFORE THE EFFECTIVE DATE OF ARTICLE 3, CHAPTER 41, TITLE 44, AS ADDED BY THIS ACT; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS, WORDS, PHRASES, AND CLAUSES OF THIS ACT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4626JM.93), which was tabled.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Sections 44-41-10 through 44-41-80 of the 1976 Code are designated Article 1, Chapter 41, Title 44 entitled "Abortions Generally".

SECTION 2. Chapter 41, Title 44 of the 1976 Code is amended by adding:

"Article 3
Woman's Right to Know

Section 44-41-310. This article may be cited as the `Woman's Right to Know Act'.


Printed Page 1299 . . . . . Thursday, January 27, 1994

Section 44-41-320. As used in this article:

(1) `Medical emergency' means that condition which, on the basis of the physician's good faith judgment, so complicates a pregnancy as to necessitate an immediate abortion to avert the risk of her death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function.

(2) `Probable gestational age of the embryo or fetus' means what, in the judgment of the attending physician based upon the attending physician's examination and medical history given by the woman, is with reasonable probability the gestational age of the embryo or fetus at the time the abortion is planned to be performed.

Section 44-41-330. (A) Except in the case of a medical emergency and in addition to any other consent required by the laws of this State, no abortion may be performed or induced unless the following conditions have been satisfied:

(1) The woman must be informed by the physician who is to perform the abortion, by the referring physician, or by an allied health professional working in conjunction with one of the aforementioned physicians of the procedure to be involved and of the probable gestational age of the embryo or fetus at the time the abortion is to be performed.

(2) The woman must be informed, by the physician, by his agent or, should the abortion be performed in a clinic, by its agent, that she has the right to review the printed materials described in Section 44-41-340. The physician, his agent, or, should the abortion be performed in a clinic, its agent must orally inform the woman that materials have been provided by this State which describe the embryo or fetus, list agencies which offer alternatives to abortion, and describe medical assistance benefits which may be available for prenatal care, childbirth, and neonatal care. If the woman chooses to view the materials, a copy of the materials must be furnished to her.

(3) The woman must certify in writing, before the abortion, that the information described in item (1) of this subsection has been furnished her, and that she has been informed of her opportunity to review the information referred to in item (2) of this subsection.

(4) Before performing the abortion, the physician who is to perform or induce the abortion or his agent must determine that the written certification prescribed by item (3) of this subsection or the certification required by subsection (D) has been signed.

(B) Nothing herein limits the information provided by the referring physician, the physician who is to perform the abortion, or allied health


Printed Page 1300 . . . . . Thursday, January 27, 1994

professional to the person upon whom the abortion procedure is to be performed.


| Printed Page 1280, Jan. 27 | Printed Page 1300, Jan. 27 |

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