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

Page Finder Index

| Printed Page 1530, Feb. 9 | Printed Page 1550, Feb. 9 |

Printed Page 1540 . . . . . Wednesday, February 9, 1994

H. 4036--OBJECTION

Rep. HOLT withdrew his objections to the following Bill whereupon an objection was raised by Rep. DAVENPORT.

H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.

H. 3765--OBJECTION WITHDRAWN

Rep. TROTTER withdrew his objection to H. 3765 however, other objections remained upon the Bill.

S. 511--OBJECTION

Rep. D. SMITH withdrew his objections to the following Bill whereupon an objection was raised by Rep. SIMRILL.

S. 511 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-13-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDER'S LICENSES, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER FOR SALE, AND TRANSPORT CULTURED GAME FISH TO STOCK OR RESTOCK PRIVATE PONDS; TO PROVIDE THAT CULTURED GAME FISH FOUR INCHES OR LARGER MUST BE PRODUCED FROM SOUTH CAROLINA RAISED BROOD STOCK; AND TO PROVIDE A DEFINITION FOR CULTURED GAME FISH.


Printed Page 1541 . . . . . Wednesday, February 9, 1994

MOTION PERIOD

H. 4421--RECALLED

Rep. WHITE moved to dispense with the Motion Period.

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

As a second substitute Rep. T.C. ALEXANDER moved to recall H. 4421 from the Ways and Means Committee, which was agreed to.

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

H. 3267--INTERRUPTED DEBATE

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

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.

Rep. HODGES moved that the House do now adjourn.

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

Yeas 31; Nays 70



Printed Page 1542 . . . . . Wednesday, February 9, 1994

Those who voted in the affirmative are:
Askins           Baxley           Beatty
Breeland         Byrd             Canty
Carnell          Cobb-Hunter      Harris, J.
Harris, P.       Harvin           Hines
Hodges           Inabinett        Jennings
Kennedy          Keyserling       Kirsh
Martin           McAbee           McKay
McLeod           McMahand         McTeer
Moody-Lawrence   Phillips         Richardson
Rudnick          Whipper          Wilkes
Worley

Total--31

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Allison
Bailey, G.       Baker            Barber
Brown, H.        Cato             Chamblee
Clyborne         Cooper           Corning
Cromer           Davenport        Delleney
Fair             Farr             Felder
Fulmer           Gamble           Gonzales
Govan            Graham           Hallman
Harrell          Harrelson        Harrison
Haskins          Holt             Houck
Huff             Hutson           Jaskwhich
Keegan           Kelley           Kinon
Klauber          Lanford          Law
Littlejohn       Marchbanks       McCraw
Meacham          Quinn            Rhoad
Riser            Robinson         Sheheen
Simrill          Smith, D.        Smith, R.
Spearman         Stille           Stone
Stuart           Sturkie          Thomas
Townsend         Trotter          Vaughn
Walker           Wells            Wilder, J.
Wilkins          Williams         Witherspoon

Printed Page 1543 . . . . . Wednesday, February 9, 1994

Wofford          Wright           Young, A.
Young, R.

Total--70

So, the House refused to adjourn.

LEAVES OF ABSENCE

The SPEAKER granted Reps. WALDROP and WILKES a leave of absence for the remainder of the day.

Reps. RUDNICK and COBB-HUNTER proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\436\11512AC.93), which was tabled.

Amend the bill, as and if amended, Section 44-41-330, by adding an appropriately lettered subsection to read:

/( ) This section does not apply:

(1) in case of rape or incest;

(2) when a fetal abnormality exists;

(3) when the woman's medical condition would indicate that continuation of the pregnancy presents grave risks to her life or health (heart conditions, diabetes, MS, etc.);

(4) for Therapeutic Privilege as provided by the Therapeutic Privilege in Informed Consent Law;

(5) if materials described in Section 44-41-340 are unavailable from the State./

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. CORNING spoke against the amendment.

Rep. COBB-HUNTER spoke in favor of the amendment.

Rep. HASKINS spoke against the amendment and moved to table the amendment.

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

Yeas 67; Nays 42

Printed Page 1544 . . . . . Wednesday, February 9, 1994

Those who voted in the affirmative are:
Alexander, M.O.  Alexander, T.C.  Allison
Bailey, G.       Baker            Barber
Brown, G.        Brown, H.        Cato
Chamblee         Clyborne         Cooper
Corning          Cromer           Davenport
Delleney         Elliott          Fair
Farr             Fulmer           Gonzales
Graham           Hallman          Harrell
Harris, P.       Harrison         Harvin
Haskins          Holt             Huff
Hutson           Jaskwhich        Keegan
Kelley           Kennedy          Klauber
Koon             Lanford          Littlejohn
Marchbanks       Mattos           McCraw
McElveen         Meacham          Quinn
Riser            Robinson         Sheheen
Simrill          Smith, D.        Smith, R.
Stille           Stone            Sturkie
Townsend         Trotter          Tucker
Vaughn           Walker           Wells
Wilder, D.       Wilkins          Witherspoon
Wofford          Worley           Young, A.
Young, R.

Total--67

Those who voted in the negative are:

Askins           Bailey, J.       Baxley
Boan             Breeland         Brown, J.
Byrd             Canty            Cobb-Hunter
Gamble           Govan            Harrelson
Harris, J.       Hines            Hodges
Inabinett        Jennings         Keyserling
Kinon            Kirsh            Law
Martin           McAbee           McKay
McLeod           McTeer           Moody-Lawrence
Neal             Neilson          Phillips
Rhoad            Richardson       Rudnick
Shissias         Snow             Spearman

Printed Page 1545 . . . . . Wednesday, February 9, 1994

Stuart           Thomas           Whipper
White            Wilder, J.       Williams

Total--42

So, the amendment was tabled.

Reps. RUDNICK and COBB-HUNTER proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\436\11513AC.93), which was tabled.

Amend the bill, as and if amended, by deleting Section 44-41-330(F) and inserting:

/(F) Subsections (C) and (D) do not apply if the woman seeking an abortion is a minor and her parent's have consented to the abortion./

Amend title to conform.

Rep. WILLIAMS moved that the House recur to the morning hour, which was rejected.

Rep. P. HARRIS moved that the House do now adjourn.

POINT OF ORDER

Rep. CORNING raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.

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

Yeas 53; Nays 60

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Anderson
Askins           Bailey, G.       Bailey, J.
Barber           Baxley           Beatty
Boan             Breeland         Brown, G.
Brown, J.        Byrd             Canty
Cobb-Hunter      Elliott          Farr
Gamble           Harrelson        Harris, J.
Harris, P.       Harvin           Hines
Hodges           Houck            Inabinett
Kennedy          Keyserling       Kirsh

Printed Page 1546 . . . . . Wednesday, February 9, 1994

Mattos           McAbee           McCraw
McElveen         McKay            McLeod
McMahand         McTeer           Neal
Phillips         Rhoad            Richardson
Rudnick          Sheheen          Shissias
Snow             Spearman         Thomas
Tucker           Whipper          White
Wilder, D.       Wilder, J.

Total--53

Those who voted in the negative are:

Allison          Baker            Brown, H.
Cato             Chamblee         Clyborne
Cooper           Corning          Cromer
Davenport        Delleney         Fair
Fulmer           Gonzales         Govan
Graham           Hallman          Harrell
Harrison         Harwell          Haskins
Holt             Huff             Hutson
Jaskwhich        Keegan           Kelley
Kinon            Klauber          Koon
Lanford          Law              Littlejohn
Marchbanks       Martin           Meacham
Neilson          Quinn            Riser
Robinson         Simrill          Smith, D.
Smith, R.        Stille           Stone
Stuart           Sturkie          Townsend
Trotter          Vaughn           Walker
Wells            Wilkins          Williams
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, R.

Total--60

So, the House refused to adjourn.

Rep. RUDNICK explained the amendment.


Printed Page 1547 . . . . . Wednesday, February 9, 1994

LEAVES OF ABSENCE

The SPEAKER granted Reps. McMAHAND and ANDERSON a leave of absence for the remainder of the day.

Rep. CORNING moved to table the amendment.

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

Yeas 67; Nays 34

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Baker            Barber           Baxley
Brown, H.        Cato             Cooper
Corning          Cromer           Davenport
Delleney         Fair             Farr
Fulmer           Gonzales         Govan
Graham           Hallman          Harrell
Harrelson        Harris, P.       Harrison
Harwell          Haskins          Huff
Hutson           Jaskwhich        Keegan
Klauber          Koon             Lanford
Law              Littlejohn       Marchbanks
McCraw           McKay            Meacham
Neilson          Phillips         Quinn
Riser            Robinson         Sheheen
Simrill          Smith, D.        Smith, R.
Spearman         Stille           Stone
Stuart           Sturkie          Townsend
Trotter          Tucker           Vaughn
Walker           Wells            Wilder, D.
Wilkins          Witherspoon      Wofford
Worley           Wright           Young, A.
Young, R.

Total--67

Those who voted in the negative are:

Askins           Bailey, G.       Bailey, J.
Beatty           Breeland         Byrd
Canty            Cobb-Hunter      Gamble

Printed Page 1548 . . . . . Wednesday, February 9, 1994

Harris, J.       Harvin           Hines
Holt             Inabinett        Jennings
Kelley           Keyserling       Kinon
Kirsh            McAbee           McLeod
McTeer           Moody-Lawrence   Neal
Rhoad            Richardson       Rudnick
Shissias         Snow             Thomas
Whipper          White            Wilder, J.
Williams

Total--34

So, the amendment was tabled.

Rep. H. BROWN moved that the House recur to the morning hour.

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

Yeas 30; Nays 54

Those who voted in the affirmative are:

Askins           Bailey, G.       Barber
Baxley           Breeland         Brown, H.
Byrd             Cobb-Hunter      Graham
Harris, J.       Harris, P.       Hodges
Klauber          Law              Marchbanks
McCraw           McLeod           McTeer
Neal             Rudnick          Shissias
Snow             Thomas           Trotter
Tucker           Whipper          White
Wilder, D.       Williams         Wofford

Total--30

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Allison
Baker            Cato             Clyborne
Cooper           Corning          Cromer
Davenport        Delleney         Fair
Farr             Fulmer           Gamble
Gonzales         Hallman          Harrell

Printed Page 1549 . . . . . Wednesday, February 9, 1994

Harrison         Harwell          Holt
Hutson           Inabinett        Keegan
Kelley           Keyserling       Kinon
Lanford          Littlejohn       McKay
Meacham          Moody-Lawrence   Neilson
Rhoad            Riser            Sheheen
Simrill          Smith, D.        Smith, R.
Spearman         Stille           Stone
Stuart           Sturkie          Townsend
Vaughn           Walker           Wells
Wilder, J.       Witherspoon      Worley
Wright           Young, A.        Young, R.

Total--54

So, the House refused to recur to the morning hour.

Reps. RUDNICK and COBB-HUNTER proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\436\11514AC.93).

Amend the bill, as and if amended, by deleting Section 44-41-340(A)(2) and inserting:

/(2) materials designed to inform the woman of the probable anatomical and physiological characteristics of the embryo or fetus at two-week gestational increments from the time when a woman can be known to be pregnant through the first trimester of pregnancy. The materials must be objective, nonjudgmental, and designed to convey only accurate scientific information about the embryo or fetus at the various gestational ages;/

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. SPEARMAN moved that the House do now adjourn.

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

Yeas 59; Nays 49

Those who voted in the affirmative are:

Alexander, T.C.  Askins           Bailey, G.
Bailey, J.       Barber           Baxley
Boan             Breeland         Brown, G.

Printed Page 1550 . . . . . Wednesday, February 9, 1994

Brown, H.        Brown, J.        Byrd
Canty            Chamblee         Cobb-Hunter
Farr             Gamble           Govan
Harrelson        Harris, J.       Harris, P.
Harvin           Hines            Hodges
Houck            Inabinett        Jennings
Kennedy          Keyserling       Kirsh
Law              Martin           Mattos
McAbee           McCraw           McElveen
McKay            McTeer           Moody-Lawrence
Neal             Neilson          Phillips
Rhoad            Richardson       Rudnick
Sheheen          Shissias         Snow
Spearman         Stille           Thomas
Townsend         Tucker           Whipper
White            Wilder, D.       Wilder, J.
Williams         Wofford

Total--59


| Printed Page 1530, Feb. 9 | Printed Page 1550, Feb. 9 |

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