Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
You have given to us, Lord, a new day. Cause us to see it as another day to live to Your glory with its new opportunities to serve, fresh possibilities to do good. Thank You for giving us strength for tasks that would overwhelm us. Thank You for what we have accomplished so far, and we ask that You would lead us on. Transform our self-centeredness to steadfast faith in God that we might hold high the banner of Your truths.
Lord, teach us to listen, to pray and to care. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. J. WILDER moved that when the House adjourns, it adjourn in memory of Daniel Mackey, III, of Camden, which was agreed to.
My name was inadvertently added as a sponsor for H. 4556.
Rep. IRENE K. RUDNICK
Rep. WELLS, from the Spartanburg Delegation, submitted a favorable report, on:
H. 4600 -- Reps. Littlejohn, Walker, Allison, Davenport, D. Smith, Vaughn, Beatty, Lanford and D. Wilder: A BILL TO PROVIDE THAT THE ACTIONS TAKEN BY THE SPARTANBURG COUNTY BOARD OF EDUCATION IN REGARD TO ITS POWER AND DUTY OF CONSOLIDATING AND FIXING THE BOUNDARIES OF THE SEVERAL SCHOOL DISTRICTS WITHIN SPARTANBURG COUNTY AS PROVIDED BY LAW SHALL BE TAKEN WITH THE ADVICE AND CONSENT OF THE BOARD OF TRUSTEES OF ANY AFFECTED SCHOOL DISTRICT.
Ordered for consideration tomorrow.
Rep. WELLS, from the Spartanburg Delegation, submitted a favorable report, on:
H. 4605 -- Reps. Wells, Allison, Littlejohn, D. Smith, Walker, Lanford and Davenport: A BILL TO PROVIDE THAT THE MEMBERS OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION MUST BE APPOINTED BY THE SPARTANBURG COUNTY COUNCIL PURSUANT TO SECTION 4-9-170 OF THE 1976 CODE.
Ordered for consideration tomorrow.
The following was introduced:
H. 4620 -- Rep. Farr: A CONCURRENT RESOLUTION COMMEMORATING ON MARCH 2, 1994, THE TWO HUNDREDTH ANNIVERSARY OF THE DEATH OF COLONEL WILLIAM FARR, OUTSTANDING SOUTH CAROLINIAN, SOLDIER, AND MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES; REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE SOUTH CAROLINA HIGHWAY 72 BRIDGE OVER THE BROAD RIVER AT THE UNION COUNTY AND CHESTER COUNTY LINE ADJACENT TO COLONEL FARR'S BELOVED PLANTATION AT FISH DAM FORD THE "COLONEL WILLIAM FARR MEMORIAL BRIDGE" AND TO ERECT APPROPRIATE MARKERS; AND TO GRANT THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO COLONEL FARR'S DESCENDANTS, DR. TOMMY F. FARR AND JOHN E. FARR, ON WEDNESDAY, MARCH 2, 1994, FOR THE PURPOSE OF HEARING THIS RESOLUTION READ FROM THE PODIUM AND HAVING THE ORIGINAL OF THE RESOLUTION PRESENTED TO THEM.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4621 -- Reps. Harvin, Rogers, Holt, Scott, J. Bailey, Kennedy, Whipper, Breeland, McElveen and J. Brown: A CONCURRENT RESOLUTION INVITING THE HONORABLE PHIL LADER, DEPUTY CHIEF OF STAFF FOR PRESIDENT CLINTON, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4622 -- Reps. Davenport, Littlejohn, Walker, Allison, Farr, Wells, Neilson, Sharpe, Felder, Carnell and Vaughn: A JOINT RESOLUTION TO ESTABLISH THE CHILD DAY CARE REGULATION REVIEW COMMITTEE TO STUDY AND REPORT TO THE GENERAL ASSEMBLY ON THE ECONOMIC IMPACT OF DEPARTMENT OF SOCIAL SERVICES DAY CARE REGULATIONS AND TO SUSPEND CERTAIN DEPARTMENT OF SOCIAL SERVICES DAY CARE REGULATIONS UNTIL MARCH 10, 1995.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4623 -- Reps. Cromer, Kelley, Waldrop, Corning, Holt, Witherspoon, Wofford, Graham and Lanford: A JOINT RESOLUTION TO PROVIDE THAT THE CONFEDERATE BATTLE FLAG MAY NOT BE FLOWN ABOVE THE STATE HOUSE IN COLUMBIA AFTER JANUARY 1, 1995, UNLESS A MAJORITY OF THE QUALIFIED ELECTORS OF THIS STATE AT A REFERENDUM HELD AT THE SAME TIME AS THE 1994 GENERAL ELECTION SO APPROVE, TO PROVIDE FOR THE MANNER IN WHICH THIS REFERENDUM SHALL BE CONDUCTED, AND TO PROVIDE THAT NO OTHER FLAG OF THE CONFEDERATE STATES OF AMERICA, INCLUDING THE STARS AND BARS MAY BE FLOWN ABOVE THE STATE HOUSE WITHOUT THE AUTHORIZATION OF THE GENERAL ASSEMBLY BY ACT OR JOINT RESOLUTION.
Referred to Committee on Judiciary.
H. 4624 -- Reps. Tucker, G. Brown, Haskins, Townsend, D. Smith, G. Bailey, Harrison, Harwell, Vaughn, J. Wilder, Carnell, Davenport, Inabinett, Hodges, Law, R. Young, Rogers, Harvin, Moody-Lawrence, A. Young, Stuart, Cato, Gonzales, D. Wilder and Meacham: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY AUTHORITY TO TRANSFER CRIMINAL CASES FROM GENERAL SESSIONS COURT TO A MAGISTRATE'S COURT IF THE PENALTY FOR THE OFFENSE IS A FINE NOT EXCEEDING FIVE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH, SO AS TO MAKE PERMANENT THE AUTHORITY TO TRANSFER THESE CASES.
Referred to Committee on Judiciary.
H. 4625 -- Reps. Tucker, G. Bailey, Haskins, Harwell, J. Wilder, Davenport, Carnell, Hodges, D. Smith, Harrison, R. Young, Harvin, Gonzales and Graham: A BILL TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY AND RETIREMENT BENEFITS FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO CONFORM THE ELIGIBILITY FOR ADDITIONAL BENEFITS BECAUSE OF LENGTH OF SERVICE FOR SOLICITORS TO THE YEARS OF SERVICE REQUIRED FOR A SOLICITOR TO BE ELIGIBLE TO RETIRE.
Referred to Committee on Ways and Means.
H. 4626 -- Reps. Martin, Cromer, Jennings, Wofford, Worley, Wilkins, Thomas, Graham, McElveen, Hodges, Witherspoon, Baxley and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-23-200 SO AS TO PROVIDE FOR METAL DETECTORS IN MIDDLE, JUNIOR HIGH, AND HIGH SCHOOLS IN THIS STATE AND PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL PROMULGATE REGULATIONS REGARDING THE INSTALLATION OF THE EQUIPMENT; TO AMEND SECTIONS 16-23-430, AS AMENDED, RELATING TO CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO INCREASE THE PENALTY; 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JUVENILE CRIMINAL CASES TO CIRCUIT COURT, SO AS TO PROVIDE THAT CIRCUIT COURT HAS EXCLUSIVE JURISDICTION OVER A JUVENILE SIXTEEN YEARS OF AGE OR OLDER WHO IS CHARGED WITH A VIOLENT CRIME AND TO MAKE OTHER CHANGES TO CONFORM TO THIS REQUIREMENT; AND 20-7-600, AS AMENDED, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO ALLOW DETENTION IN A SECURE FACILITY OF A JUVENILE WHO HAS IN HIS POSSESSION A DEADLY WEAPON AND TO EXTEND THE DETENTION TIME WITHOUT A HEARING TO FORTY-EIGHT HOURS.
Referred to Committee on Education and Public Works.
H. 4627 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A JOINT RESOLUTION TO REAUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS FOR SIX YEARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4628 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-67-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF THE BOARD OF EXAMINERS IN SPEECH PATHOLOGY AND AUDIOLOGY, SO AS TO REVISE THE NAME OF THE BOARD; TO AMEND SECTION 40-67-80, RELATING TO MEMBERSHIP ON THE BOARD, SO AS TO PROVIDE FOR TWO SPEECH-LANGUAGE PATHOLOGISTS ON THE BOARD RATHER THAN TWO SPEECH PATHOLOGISTS AND TO PROVIDE THAT NOMINATION FOR BOARD APPOINTMENT MUST BE MADE ONLY FOR THE SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST POSITIONS; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY FOR SIX YEARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4629 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-36-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR OCCUPATIONAL THERAPY, SO AS TO REVISE BY WHOM AN EDUCATIONAL PROGRAM MUST BE ACCREDITED; TO AMEND SECTION 40-36-180, RELATING TO FEES, SO AS TO INCLUDE VERIFICATION FEES AMONG THOSE FEES THAT THE BOARD MAY PRESCRIBE IN REGULATION; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF OCCUPATIONAL THERAPY FOR SIX YEARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4630 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT THREE NOMINEES FOR EACH CONGRESSIONAL DISTRICT APPOINTMENT TO THE BOARD MUST BE ELECTED BY PHARMACISTS RESIDING IN THAT DISTRICT FOR CONSIDERATION BY THE GOVERNOR FOR APPOINTMENT; TO AMEND SECTION 40-43-420, RELATING TO PHARMACY FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE THAT CERTAIN FEES ARE IN EFFECT UNTIL THEY ARE SET IN REGULATION; TO REPEAL SECTION 40-43-480, RELATING TO FUNDING IN THE 1986 APPROPRIATIONS ACT; AND TO REAUTHORIZE THE STATE BOARD OF PHARMACY FOR SIX YEARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4631 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-51-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO PROVIDE FOR LICENSURE BY ENDORSEMENT; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSE WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS; TO REPEAL SECTION 40-51-150, RELATING TO GROUNDS FOR REVOCATION OF LICENSES; AND TO REAUTHORIZE THE BOARD OF PODIATRY EXAMINERS FOR SIX YEARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4632 -- Reps. Kirsh, G. Bailey and Boan: A BILL TO AMEND SECTION 12-36-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "RETAIL SALES", SO AS TO EXCLUDE SALES OF CORRECTIVE LENSES AND EYEGLASS FRAMES TO CERTAIN MEDICAL INSTITUTIONS; TO AMEND SECTION 40-38-130, AS AMENDED, RELATING TO EXAMINATIONS FOR LICENSURE AS AN OPTICIAN, SO AS TO REQUIRE THAT EXAMINATIONS DEVELOPED BY THE BOARD MUST MEET PROFESSIONAL TESTING STANDARDS; AND TO AMEND SECTION 40-38-210, RELATING TO COMPLAINTS FILED AGAINST OPTICIANS, SO AS TO PROHIBIT THE BOARD FROM REQUIRING A COMPLAINANT TO ASSIST IN SUBSEQUENT PROCEEDINGS AS A CONDITION OF ACTING ON THE COMPLAINT, AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTICIANRY FOR SIX YEARS.
Referred to Committee on Ways and Means.
H. 4633 -- Reps. Boan, Barber, Carnell, Cobb-Hunter, Felder, J. Harris, P. Harris, Holt, Kinon, Kirsh, McAbee, McCraw, McKay, McTeer, Mattos, Quinn, Rogers, Delleney, Phillips and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-257 SO AS TO ESTABLISH AN ADDITIONAL HOMESTEAD EXEMPTION FROM SCHOOL TAXES IMPOSED FOR PURPOSES OTHER THAN CONSTRUCTION AND PROVIDE THAT THE EXEMPTION DOES NOT APPLY TO SCHOOL OPERATING TAXES LEVIED AFTER 1997, TO PHASE IN THE AMOUNT OF THE EXEMPTION, TO PROVIDE FOR THE METHOD OF REIMBURSEMENT OF REVENUES LOST BECAUSE OF THE EXEMPTION, AND TO PROVIDE THAT THE PROPERTY EXEMPT FROM SCHOOL TAXES PURSUANT TO THIS SECTION IS NEVERTHELESS CONSIDERED TAXABLE PROPERTY FOR PURPOSES OF THE CONSTITUTIONAL DEBT LIMIT AND THE INDEX OF TAXPAYING ABILITY, TO PROVIDE A SPENDING LIMITATION FOR COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE AND PUBLIC SERVICE DISTRICTS AND AN AD VALOREM TAX REVENUE LIMITATION FOR SCHOOL DISTRICTS FOR FISCAL YEARS 1994-95 THROUGH 1997-98 AND PROVIDE EXCEPTIONS; TO AMEND SECTIONS 12-4-540, 12-37-10, 12-37-210, 12-37-730, 12-37-760, AND 12-37-780, RELATING TO THE POWERS OF THE DEPARTMENT OF REVENUE AND TAXATION WITH RESPECT TO PROPERTY TAXATION OF BUSINESS PROPERTY AND THE DUTIES AND POWERS OF COUNTY AUDITORS WITH RESPECT TO THE FILING OF PERSONAL PROPERTY TAX RETURNS, SO AS TO PROVIDE THAT ALL PERSONAL PROPERTY TAX RETURNS ARE FILED WITH THE DEPARTMENT OF REVENUE AND TAXATION, DELETE OBSOLETE PROVISIONS AND CONFORM EXISTING FILING REQUIREMENTS TO THESE CHANGES; TO AMEND SECTION 12-43-210, AS AMENDED, RELATING TO COUNTYWIDE REASSESSMENT PROGRAMS, SO AS TO REQUIRE SUCH PROGRAMS EVERY FIVE YEARS ON A SCHEDULE DETERMINED BY THE DEPARTMENT OF REVENUE AND TAXATION, AND PROVIDE FOR THE WITHHOLDING OF STATE AID TO SUBDIVISIONS' DISTRIBUTIONS TO COUNTIES FAILING TO COMPLY WITH THE SCHEDULE, TO REQUIRE THE DEPARTMENT TO DETERMINE PERSONNEL NEEDS OF COUNTY ASSESSORS AND REPORT ITS FINDINGS BY MAY 1, 1995, TO PROVIDE FOR AN INITIAL SCHEDULE OF REASSESSMENTS; TO PROVIDE THAT IF A COURT OF COMPETENT JURISDICTION VOIDS THE HOMESTEAD EXEMPTION ALLOWED BY THIS ACT, THEN THE SPENDING LIMITATIONS IMPOSED ON COUNTIES, MUNICIPALITIES, SPECIAL PURPOSE PUBLIC SERVICE DISTRICTS, AND SCHOOL DISTRICTS BY THIS ACT ARE SIMILARLY VOID, AND TO REPEAL SECTIONS 12-37-20, 12-37-750, 12-37-810, 12-37-820, 12-37-830, 12-37-850, 12-37-870, 12-37-910, 12-37-940, 12-37-1620, AND 12-37-2010, RELATING TO PERSONAL PROPERTY TAXES.
Referred to Committee on Ways and Means.
H. 4634 -- Reps. Cromer, Tucker, Baxley, Gonzales, Stoddard, Inabinett, Kennedy, Wells, Allison, Hallman, Townsend, Hodges, H. Brown, Corning, Lanford, Law, Govan, Stone, G. Brown, G. Bailey, Meacham, D. Wilder, Witherspoon, McKay, Simrill, McCraw, Walker, Robinson, Riser, Kelley, Vaughn, Shissias, Stuart, R. Smith, Stille, Littlejohn, Chamblee, Houck, Harrison, Farr, Gamble, Fulmer, Haskins, Davenport, Williams, Cato, Neilson, J. Wilder, Marchbanks, Spearman, Harvin, Richardson and Thomas: A BILL TO AMEND SECTION 17-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL AUTHORITIES ALLOWING ABLE-BODIED CONVICTS TO PERFORM LABOR ON PUBLIC WORKS OR WAYS, SO AS TO EXEMPT CERTAIN CONVICTS; TO AMEND SECTION 24-3-35, RELATING TO USE OF COUNTY PRISONERS FOR LITTER REMOVAL, SO AS TO REQUIRE THE USE OF PRISONERS INSTEAD OF THE PERMISSIVE USE OF PRISONERS; TO AMEND SECTIONS 24-7-10, 24-7-20, 24-7-30, 24-7-40, AND 24-7-50, RELATING TO COUNTY AND MUNICIPAL CHAIN GANGS, SO AS TO MANDATE THE USE OF ABLE-BODIED PRISONERS LOCATED IN COUNTY AND MUNICIPAL CORRECTIONAL FACILITIES ON WORK GANGS ON PUBLIC WORKS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4635 -- Rep. Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-13-285 SO AS TO PROHIBIT THE SALE OF BEER BONGS, FUNNELS, OR SIMILAR PARAPHERNALIA AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary.
H. 4636 -- Reps. Sharpe, Allison, A. Young, McLeod, Littlejohn, Stone, Marchbanks, G. Brown, Davenport, Rhoad, Felder, R. Smith, H. Brown, Simrill, Law, Sturkie, Corning, G. Bailey, McKay, Harrison, Shissias, Haskins, Snow, Carnell, Canty, Farr, Wells, Riser, Witherspoon, Fulmer, Wright, Koon, Klauber, Stuart, Wofford, Tucker, Gamble, McAbee, Thomas, McCraw, P. Harris, Spearman, Huff, D. Smith, Lanford, Rhoad, Rudnick, Quinn, Gonzales, Baker, Hutson, Clyborne, Stoddard, Harvin, R. Young, Houck, Moody-Lawrence, Cooper and Walker: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 106 SO AS TO ENACT THE "SOUTH CAROLINA HIGHER EDUCATION COORDINATING COUNCIL ACT OF 1994", INCLUDING PROVISIONS TO ESTABLISH THE HIGHER EDUCATION COORDINATING COUNCIL WITHIN THE GOVERNOR'S OFFICE, TO PROVIDE FOR ITS POWERS, DUTIES, AND FUNCTIONS, TO REQUIRE PUBLIC INSTITUTIONS OF HIGHER LEARNING TO SUBMIT SUMMARY BUDGETS TO THE COUNCIL AND PROVIDE FOR THE MANNER IN WHICH THIS SUMMARY BUDGET MUST BE COMPILED AND INSTITUTIONAL FEES AND REVENUES UTILIZED, AND TO TRANSFER TO AND DEVOLVE UPON THE COUNCIL CERTAIN DUTIES OF THE STATE COMMISSION ON HIGHER EDUCATION ON JULY 1, 1994.
Referred to Committee on Education and Public Works.
The following was introduced:
H. 4637 -- Rep. J. Wilder: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MS. LOUISE R. RAVENEL, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., FOR HER DEDICATION AND OVER THIRTY-FOUR YEARS OF SERVICE TO BETTERING THE LIVES OF PERSONS WITH DISABILITIES AND TO WISH HER GOOD HEALTH AND HAPPINESS IN HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Canty Carnell Cato Chamblee Cobb-Hunter Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Fulmer Gamble Govan Graham Hallman Harrell Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hines Hodges Holt Houck Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McElveen McKay McMahand Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Sturkie Thomas Townsend Trotter Tucker Waites Waldrop Walker Wells Whipper Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
I came in after the roll call and was present for the Session on Thursday, January 27.
Roger M. Young Stephen E. Gonzales William D. Keyserling Robert A. Barber, Jr. Juanita M. White James P. Harrelson John G. Felder Lewis R. Vaughn Richard M. Quinn, Jr. E.B. McLeod, Jr. Thomas E. Huff Alma W. Byrd
LEAVE OF ABSENCE
The SPEAKER granted Rep. McTEER a leave of absence for the day due to illness.
Announcement was made that Dr. Carol S. Nichols of Spartanburg is the Doctor of the Day for the General Assembly.
The following Joint Resolution was read the third time, passed and, 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.
S. 1066 -- Senator Leatherman: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF DECEMBER 9, 1993, MISSED BY THE STUDENTS OF SOUTHSIDE MIDDLE SCHOOL, FLORENCE CAREER CENTER, AND SOUTH FLORENCE HIGH SCHOOL OF FLORENCE SCHOOL DISTRICT ONE IN FLORENCE COUNTY WHEN THESE SCHOOLS WERE CLOSED DUE TO WATER PROBLEMS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4564 -- Rep. Spearman: A BILL TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF S-27 (EMORY CHURCH ROAD) IN SALUDA COUNTY.
S. 1072 -- Senators Moore, Setzler and Ryberg: A BILL TO AMEND SECTION 7-7-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REDESIGNATE AND ADD NEW PRECINCTS, PROVIDE THAT THE PRECINCTS ARE AS SHOWN ON AN OFFICIAL MAP ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE ESTABLISHED BY THE AIKEN COUNTY BOARD OF ELECTIONS AND REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE AIKEN COUNTY LEGISLATIVE DELEGATION.
On motion of Rep. SPEARMAN, with unanimous consent, it was ordered that H. 4564 be read the third time tomorrow.
On motion of Rep. R. SMITH, with unanimous consent, it was ordered that S. 1072 be read the third time tomorrow.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3304 -- Rep. Cato: A BILL TO AMEND SECTION 50-21-850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO MORE CLEARLY DEFINE PERSONAL FLOTATION DEVICE REQUIREMENTS.
H. 3327 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALTWATER-FRESHWATER DIVIDING LINES ON RIVERS, SO AS TO REVISE THE LINE ON THE COOPER RIVER AND ALLOW CRAB POT FISHING.
H. 3357 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE TRAPPING OR SNARING OF QUAIL, SO AS TO PROVIDE FOR THE ISSUANCE OF PERMITS BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO TRAP QUAIL.
H. 3549 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-854 SO AS TO ALLOW THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO SET SEASONS AND BAG LIMITS FOR HUNTING AND TAKING CROWS CONSISTENT WITH FEDERAL REGULATIONS AND PROVIDE LIMITATIONS AND PENALTIES.
H. 3916 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-65 SO AS TO PROVIDE FOR THE TRAINING OF BIRD DOGS.
H. 4067 -- Rep. White: A BILL TO AMEND SECTION 50-17-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRAB TRAWLING, SO AS TO REVISE PERMIT AND TRAWLING RESTRICTIONS.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 122 -- Senator McConnell: A BILL TO AMEND SECTION 27-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF GRAVES IN ABANDONED CEMETERIES OR BURYING GROUNDS, SO AS TO REQUIRE THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY IN WHICH THE CEMETERY OR GROUND IS LOCATED TO DETERMINE THAT REMOVAL BENEFITS THE COMMUNITY AND IS IN THE PUBLIC INTEREST AND TO CONSIDER OBJECTIONS TO REMOVAL BEFORE REMOVAL IS APPROVED.
S. 274 -- Senator Rose: A BILL TO AMEND THE CODE LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-615 SO AS TO PROVIDE THAT NO HEARING MAY BE CONDUCTED BY THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES BETWEEN DECEMBER 15 AND THE SUCCEEDING JANUARY 15; AND TO AMEND SECTION 24-21-645, AS AMENDED, RELATING TO PAROLE, SO AS TO PROVIDE FOR A HEARING EVERY FIVE YEARS FOR A PERSON CONVICTED OF A VIOLENT CRIME.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, February 1, which was adopted.
H. 4350 -- Reps. Wilkins, M.O. Alexander, T.C. Alexander, Allison, Askins, J. Bailey, Baxley, Beatty, H. Brown, Carnell, Cato, Chamblee, Clyborne, Cooper, Cromer, Delleney, Elliott, Farr, Felder, Fulmer, Gamble, Gonzales, Graham, Hallman, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Hutson, Jennings, Keegan, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McKay, McTeer, Meacham, Neilson, Phillips, Quinn, Richardson, Riser, Robinson, Scott, Shissias, Simrill, R. Smith, D. Smith, Snow, Spearman, Stille, Stone, Stuart, Thomas, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Whipper, D. Wilder, Wilkes, Witherspoon, Wright, A. Young, R. Young, Huff, Corning, Fair, Kelley, Davenport, Jaskwhich, Inabinett, Sharpe, J. Wilder, Harrell and Breeland: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFICKING IN COCAINE, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH; TO AMEND SECTION 44-53-375, AS AMENDED, RELATING TO POSSESSION, SALE, MANUFACTURE, AND DISTRIBUTION OF ICE, CRANK, OR CRACK COCAINE, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH AND TO DEFINE PRIOR CONVICTIONS FOR PURPOSES OF SENTENCING; AND TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD TRAFFICKING IN CRACK COCAINE.
The SPEAKER granted Rep. STONE a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 4391 -- Reps. Lanford, Harvin, Littlejohn, D. Wilder, Fulmer, Cromer, Allison, Inabinett, Wilkes, Waldrop, J. Brown and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-225 SO AS TO REQUIRE THE STATE TO FURNISH A BULLETPROOF VEST TO EACH LAW ENFORCEMENT OFFICER UPON SUCCESSFUL COMPLETION OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING SCHOOL PROGRAM.
Reps. LANFORD and BOAN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\15631AC.94).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 23-1-225. (A) The South Carolina Criminal Justice Academy shall furnish a bulletproof vest to each law enforcement officer, as defined in Section 23-23-10, upon successful completion of the South Carolina Law Enforcement Training School Program, conducted pursuant to Chapter 23, and qualification as a law enforcement officer.
(B) When issued the vest, the officer shall sign a sworn statement that the officer will not hold the State liable if the officer is injured or killed in the line of duty while not wearing the bulletproof vest and there is a substantial likelihood that the vest would have prevented the injury or death.
(C) The Criminal Justice Academy shall purchase vests as required by this section from existing funds of the agency."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. LANFORD explained the amendment.
Rep. BAXLEY moved to adjourn debate upon the Bill until Tuesday, February 1, which was adopted.
Rep. J. BAILEY moved to adjourn debate upon the following Bill until Tuesday, February 1, which was adopted.
H. 4421 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, INCREASE THE AMOUNT OF THE PREMIUM TO BE USED TO PROVIDE FUNDS FOR THE COSTS OF ADMINISTERING THE PROVISIONS OF SECTION 38-73-738, RATHER THAN ARTICLE 3, CHAPTER 10, TITLE 56, AND PROVIDE FOR THE TRANSFER OF THIS PORTION OF THE PREMIUM TO THE DEPARTMENT OF INSURANCE, RATHER THAN THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-738 SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF INSURANCE TO ISSUE TO A FIRST TIME DRIVER'S LICENSE APPLICANT WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE A DRIVER TRAINING VOUCHER; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-75 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A DRIVER'S LICENSE MUST NOT BE ISSUED TO A PERSON WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE UNTIL THE APPLICANT HAS PROVIDED EVIDENCE OF SATISFACTORY COMPLETION OF AN APPROVED DRIVER TRAINING COURSE AS PROVIDED IN SECTION 38-73-738.
Rep. BOAN moved to adjourn debate upon the following Bill until Tuesday, February 1, which was adopted.
H. 4604 -- Rep. Boan: A BILL TO AMEND SECTION 1-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY TO PARTICIPATE IN STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO CLARIFY THAT COVERAGE FOR A RETIREE WITH AT LEAST FIVE YEARS' SERVICE UNDER A STATE RETIREMENT SYSTEM IS LIMITED TO SERVICE IN A STATE-COVERED ENTITY AND TO REQUIRE THE LAST FIVE YEARS OF SUCH SERVICE TO HAVE BEEN CONSECUTIVE YEARS IN A FULL-TIME PERMANENT POSITION.
Upon the withdrawal of objections by Reps. WAITES, HOLT and CORNING, the following Bill was taken up.
H. 3635 -- Rep. Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-647 SO AS TO DESIGNATE THE TIGER SWALLOWTAIL AS THE OFFICIAL STATE BUTTERFLY.
The Bill was read the second time and ordered to third reading.
Reps. RISER and D. SMITH withdrew their objections to H. 3631 however, other objections remained upon the Bill.
Rep. SPEARMAN withdrew her objection to the following Bill.
H. 4421 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, INCREASE THE AMOUNT OF THE PREMIUM TO BE USED TO PROVIDE FUNDS FOR THE COSTS OF ADMINISTERING THE PROVISIONS OF SECTION 38-73-738, RATHER THAN ARTICLE 3, CHAPTER 10, TITLE 56, AND PROVIDE FOR THE TRANSFER OF THIS PORTION OF THE PREMIUM TO THE DEPARTMENT OF INSURANCE, RATHER THAN THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-738 SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF INSURANCE TO ISSUE TO A FIRST TIME DRIVER'S LICENSE APPLICANT WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE A DRIVER TRAINING VOUCHER; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-75 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A DRIVER'S LICENSE MUST NOT BE ISSUED TO A PERSON WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE UNTIL THE APPLICANT HAS PROVIDED EVIDENCE OF SATISFACTORY COMPLETION OF AN APPROVED DRIVER TRAINING COURSE AS PROVIDED IN SECTION 38-73-738.
Reps. TROTTER, ALLISON, ROBINSON and WRIGHT withdrew their objections to H. 3631 however, other objections remained upon the Bill.
The Veto on the following Act was taken up.
(R280) H. 3200 -- Rep. Snow: AN ACT TO REPEAL SECTION 50-17-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION NUMBERS ON LICENSED SHRIMP TRAWLERS; AND TO AMEND SECTION 50-17-105, RELATING TO THE PROHIBITION ON THE DISPLAY OF DOLPHINS AND WHALES, SO AS TO DELETE THE PROHIBITION AND PROVIDE CIRCUMSTANCES UNDER WHICH IT IS LAWFUL TO DISPLAY DOLPHINS AND WHALES.
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:
Those who voted in the affirmative are:
Baker Cato Cooper Davenport Fair Koon McCraw McLeod Riser Robinson Trotter Williams Witherspoon Wofford Wright
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 Sturkie Thomas Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkins Worley Young, A.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
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.
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 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.
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.
The SPEAKER granted Rep. MATTOS a leave of absence for the remainder of the day.
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 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.
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 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.
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.
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:
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
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 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.
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:
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 Wells Wilder, D. Wilkins Witherspoon Wofford Wright Young, A.
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
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.
The following Bill was taken up.
H. 4216 -- Rep. Davenport: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS 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.
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:
Section 44-41-310. This article may be cited as the 'Woman's Right to Know Act'.
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 professional to the person upon whom the abortion procedure is to be performed.
(C) No abortion may be performed sooner than two hours after the physician determines the certification required by item (3) of subsection (A) has been signed. This subsection (C) does not apply in the case of a medical emergency.
(D) If the clinic or other place where the abortion is to be performed or induced mails the printed materials described in Section 44-41-340 to the woman upon whom the abortion is to be performed or induced or if the woman picks up the information at the local health department and if the woman verifies in writing, prior to the abortion, that the information described in item (A)(1) of this section and the printed materials were received by her more than twenty-four hours before the abortion is scheduled to be performed or induced and that she has been informed of her opportunity to review the information referred to in item (A)(2) of this section, then the waiting period required pursuant to subsection (C) of this section shall not apply. However, the clinic or other such place is nevertheless required to maintain, for three years, the woman's written verification that the information was so provided and the printed materials were so received.
(E) Subsections (C) and (D) shall not apply if the abortion is performed pursuant to a court order or if the woman is mentally retarded, this is documented in her medical record, and her parents or legal guardian or legal representatives consent in writing to the abortion. The clinic or other such place is nevertheless required to maintain, for three years, a copy of such court order or such medical records and written consent.
(F) In the event the person upon whom the abortion is to be performed or induced is a minor and her parents consent to the abortion, the information described in Section 44-41-330(A)(1) must be furnished to the parents of such minor and the information referred to in Section 44-41-330(A)(2) must be furnished to the parents and the parents must make the certification required by Section 44-41-330(A)(3).
(G) A fee, in an amount as provided in this subsection, must be remitted to the Department of Health and Environmental Control by the physician or the clinic for every abortion performed or induced pursuant to this article. The physician or the clinic shall remit these fees quarterly and shall maintain financial records concerning the fees as prescribed by the department by regulation. The department shall use such fees remitted to it to pay for all of the costs, of whatever nature, incurred by the department in preparing, printing, and distributing the printed materials mandated by Section 44-41-340. The fee during the first year this article is effective shall be ten dollars. Annually thereafter, effective each succeeding July first, the amount of the fee for the ensuing twelve-month period must be adjusted by the department, if necessary, either upward or downward, to reflect the department's total actual cost experience during the twelve-month period just ended with respect to the printed materials under Section 44-41-340. To that end, such total actual costs of the department must be divided by the number of abortions performed or induced pursuant to this article during the preceding twelve-month period, and the fee must thereby be determined for the ensuing year to reflect the amount considered necessary to pay for the departmental costs concerning the printed materials for the ensuing year. Any excess, unneeded fees in the possession of the department at the end of any twelve-month period shall remain with the department and shall be used to reduce, to the extent which may be feasible, the fee to be charged in the ensuing twelve-month period.
(H) This section is suspended if a clinic or other place where abortions are performed or induced does not have, through no fault of the clinic or place and if the clinic or place can demonstrate through written evidence the unavailability of the materials, the materials described in Section 44-41-340 required to be available to a woman pursuant to subsection (A)(2) or mailed pursuant to subsection (D).
Section 44-41-340. (A) The South Carolina Department of Health and Environmental Control shall cause to be published the following printed materials:
(1) geographically indexed materials designed to inform the woman of public and private agencies and services available to assist a woman through pregnancy, upon childbirth, and while the child is dependent, including adoption agencies, which include a comprehensive list of the agencies available, a description of the services they offer, and a description of the manner, including telephone numbers, in which they may be contacted;
(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 to full term. The materials must be objective, nonjudgmental, and designed to convey only accurate scientific information about the embryo or fetus at the various gestational ages;
(3) materials designed to inform the woman of the principal types of abortion procedures and the major risks associated with each procedure, as well as the major risks associated with carrying-to-full-term;
(4) materials designed to inform the woman that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care by providing the names, addresses, and phone numbers of appropriate agencies that provide or have information available on these benefits;
(5) materials designed to inform the woman of the mechanisms available for obtaining child support payments.
(B) The materials must be easily comprehendible and must be printed in a typeface large enough to be clearly legible.
(C) The materials required under this section must be available at no cost from the South Carolina Department of Health and Environmental Control upon request and in appropriate number to any person, facility, or hospital.
Section 44-41-350. A person who performs an abortion when he knows or should know that the provisions of this article have not been complied with before the abortion is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one thousand dollars and not more than five thousand dollars. If a person has been previously convicted under this section, he shall, upon a second and any subsequent conviction under this section, be punished by imprisonment of not less than one year and not more than five years, as well as by the fine provided for in this section, no part of which may be suspended.
Section 44-41-360. In every proceeding or action brought under this article, the court shall rule whether the anonymity of any woman upon whom an abortion is performed or attempted shall be preserved from public disclosure if she does not give her consent to such a disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity be preserved, shall issue orders to the parties, witnesses, and counsel, and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order must be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable, less restrictive alternative exists. This section may not be construed to conceal the identity of the plaintiff or of the prosecutrix or of witnesses from the defendant or to abridge or deny the defendant's ability to conduct discovery under applicable rules of court or the defendant's right to a trial by jury or to cross examination.
Section 44-41-370. If otherwise allowed by law, any information requested of the South Carolina Department of Highways and Public Transportation relating to the ownership of a motor vehicle licensed and registered in this State, based on the presentation by the requesting party of the motor vehicle license tag number, may be provided by the department only after forty-eight hours following the request, unless the requesting party is able to demonstrate to the satisfaction of the department that the requested information is needed for emergency purposes."
SECTION 3. The printed materials required to be published pursuant to Section 44-41-340 of the 1976 Code as added by this act must be published on or before the effective date of Article 3, Chapter 41, Title 44 of the 1976 Code, as added by this act.
SECTION 4. If any provision, word, phrase, or clause of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the provisions, words, phrases, clauses, or applications of this act which can be given effect without the invalid provision, word, phrase, clause, or application, and, to this end, the provisions, words, phrases, and clauses of this act are declared to be severable.
SECTION 5. This act takes effect June 30, 1994, or ninety days after the signature of the Governor, whichever occurs later, except that Section 3 of this act takes effect upon approval by the Governor./
Amend title to conform.
Rep. CORNING spoke against the amendment.
Rep. HODGES explained the amendment.
Rep. CORNING spoke against the amendment.
Rep. CARNELL moved that the House do now adjourn.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Anderson Askins Bailey, J. Barber Boan Breeland Brown, G. Brown, J. Byrd Canty Carnell Elliott Farr Felder Gamble Govan Harrelson Harris, J. Harris, P. Hines Hodges Holt Houck Inabinett Jennings Keyserling Kinon Kirsh McAbee McCraw McKay Moody-Lawrence Neal Phillips Richardson Rogers Rudnick Scott Sheheen Shissias Spearman Stille Stuart Tucker Waites Waldrop Whipper Wilkes Wilkins Williams
Those who voted in the negative are:
Alexander, M.O. Allison Baker Brown, H. Cato Chamblee Cooper Corning Cromer Davenport Delleney Fair Gonzales Graham Hallman Harrell Harrison Harwell Haskins Huff Jaskwhich Keegan Kelley Klauber Koon Lanford Law Littlejohn Marchbanks Meacham Quinn Riser Robinson Sharpe Simrill Smith, D. Smith, R. Snow Stoddard Sturkie Thomas Trotter Vaughn Walker Wells Wilder, D. Wilder, J. Witherspoon Wofford Wright Young, A.
So, the motion to adjourn was rejected.
Rep. CORNING moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Baker Brown, G. Brown, H. Carnell Cato Chamblee Cooper Corning Cromer Davenport Delleney Fair Felder Fulmer Gonzales Graham Hallman Harrell Harrison Harwell Haskins Huff Hutson Jaskwhich Keegan Kelley Klauber Koon Lanford Law Littlejohn Marchbanks Meacham Quinn Riser Robinson Sharpe Simrill Smith, D. Smith, R. Sturkie Trotter Vaughn Walker Wells Wilder, J. Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Anderson Askins Bailey, J. Barber Baxley Boan Breeland Brown, J. Byrd Canty Farr Gamble Govan Harrelson Harris, J. Harris, P. Hines Hodges Holt Houck Inabinett Jennings Keyserling Kinon Kirsh Martin McAbee McCraw McKay McLeod Moody-Lawrence Neal Neilson Phillips Richardson Rogers Rudnick Scott Sheheen Shissias Snow Spearman Stille Stuart Thomas Tucker Waites Waldrop Whipper White Wilder, D. Wilkes
So, the amendment was tabled.
Rep. CORNING proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\10871JM.94).
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:
Section 44-41-310. This article may be cited as the 'Woman's Right to Know Act'.
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 professional to the person upon whom the abortion procedure is to be performed.
(C) No abortion may be performed sooner than two hours after the physician determines the certification required by item (3) of subsection (A) has been signed. This subsection (C) does not apply in the case of a medical emergency.
(D) If the clinic or other place where the abortion is to be performed or induced mails the printed materials described in Section 44-41-340 to the woman upon whom the abortion is to be performed or induced or if the woman picks up the information at the local health department and if the woman verifies in writing, prior to the abortion, that the information described in item (A)(1) of this section and the printed materials were received by her more than twenty-four hours before the abortion is scheduled to be performed or induced and that she has been informed of her opportunity to review the information referred to in item (A)(2) of this section, then the waiting period required pursuant to subsection (C) of this section shall not apply. However, the clinic or other such place is nevertheless required to maintain, for three years, the woman's written verification that the information was so provided and the printed materials were so received.
(E) Subsections (C) and (D) shall not apply if the abortion is performed pursuant to a court order or if the woman is mentally retarded, this is documented in her medical record, and her parents or legal guardian or legal representatives consent in writing to the abortion. The clinic or other such place is nevertheless required to maintain, for three years, a copy of such court order or such medical records and written consent.
(F) In the event the person upon whom the abortion is to be performed or induced is a minor and her parents consent to the abortion, the information described in Section 44-41-330(A)(1) must be furnished to the parents of such minor and the information referred to in Section 44-41-330(A)(2) must be furnished to the parents and the parents must make the certification required by Section 44-41-330(A)(3).
(G) This section is suspended if a clinic or other place where abortions are performed or induced does not have, through no fault of the clinic or place and if the clinic or place can demonstrate through written evidence the unavailability of the materials, the materials described in Section 44-41-340 required to be available to a woman pursuant to subsection (A)(2) or mailed pursuant to subsection (D).
Section 44-41-340. (A) The South Carolina Department of Health and Environmental Control shall cause to be published the following printed materials:
(1) geographically indexed materials designed to inform the woman of public and private agencies and services available to assist a woman through pregnancy, upon childbirth, and while the child is dependent, including adoption agencies, which include a comprehensive list of the agencies available, a description of the services they offer, and a description of the manner, including telephone numbers, in which they may be contacted;
(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 to full term. The materials must be objective, nonjudgmental, and designed to convey only accurate scientific information about the embryo or fetus at the various gestational ages;
(3) materials designed to inform the woman of the principal types of abortion procedures and the major risks associated with each procedure, as well as the major risks associated with carrying-to-full-term;
(4) materials designed to inform the woman that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care by providing the names, addresses, and phone numbers of appropriate agencies that provide or have information available on these benefits;
(5) materials designed to inform the woman of the mechanisms available for obtaining child support payments.
(B) The materials must be easily comprehendible and must be printed in a typeface large enough to be clearly legible.
(C) The materials required under this section must be available from the South Carolina Department of Health and Environmental Control upon request and in appropriate number to any person, facility, or hospital.
Section 44-41-350. A person who performs an abortion when he knows or should know that the provisions of this article have not been complied with before the abortion is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one thousand dollars and not more than five thousand dollars. If a person has been previously convicted under this section, he shall, upon a second and any subsequent conviction under this section, be punished by imprisonment of not less than one year and not more than five years, as well as by the fine provided for in this section, no part of which may be suspended.
Section 44-41-360. In every proceeding or action brought under this article, the court shall rule whether the anonymity of any woman upon whom an abortion is performed or attempted shall be preserved from public disclosure if she does not give her consent to such a disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity be preserved, shall issue orders to the parties, witnesses, and counsel, and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order must be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable, less restrictive alternative exists. This section may not be construed to conceal the identity of the plaintiff or of the prosecutrix or of witnesses from the defendant or to abridge or deny the defendant's ability to conduct discovery under applicable rules of court or the defendant's right to a trial by jury or to cross examination.
Section 44-41-370. If otherwise allowed by law, any information requested of the South Carolina Department of Highways and Public Transportation relating to the ownership of a motor vehicle licensed and registered in this State, based on the presentation by the requesting party of the motor vehicle license tag number, may be provided by the department only after forty-eight hours following the request, unless the requesting party is able to demonstrate to the satisfaction of the department that the requested information is needed for emergency purposes."
SECTION 3. The printed materials required to be published pursuant to Section 44-41-340 of the 1976 Code as added by this act must be published on or before the effective date of Article 3, Chapter 41, Title 44 of the 1976 Code, as added by this act.
SECTION 4. If any provision, word, phrase, or clause of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the provisions, words, phrases, clauses, or applications of this act which can be given effect without the invalid provision, word, phrase, clause, or application, and, to this end, the provisions, words, phrases, and clauses of this act are declared to be severable.
SECTION 5. This act takes effect June 30, 1994, or ninety days after the signature of the Governor, whichever occurs later, except that Section 3 of this act takes effect upon approval by the Governor./
Amend title to conform.
Rep. CORNING explained the amendment.
Rep. WILLIAMS moved to reconsider the vote whereby Amendment No. 1 was tabled.
Rep. CORNING moved to table the motion to reconsider.
Rep. CORNING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Bailey, G. Baker Brown, G. Brown, H. Cato Chamblee Cooper Corning Cromer Davenport Delleney Elliott Fair Fulmer Gonzales Graham Hallman Harrell Harrison Harwell Haskins Huff Hutson Jaskwhich Keegan Kelley Klauber Koon Lanford Law Littlejohn Marchbanks Meacham Quinn Rhoad Riser Robinson Sharpe Simrill Smith, D. Smith, R. Sturkie Trotter Vaughn Walker Wells Wilder, J. Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Anderson Askins Bailey, J. Barber Baxley Boan Breeland Brown, J. Byrd Canty Carnell Farr Gamble Govan Harrelson Harris, J. Harris, P. Hines Hodges Holt Houck Inabinett Keyserling Kinon Kirsh McAbee McCraw McKay McMahand Moody-Lawrence Neal Neilson Phillips Richardson Rogers Rudnick Scott Sheheen Shissias Snow Spearman Stille Stuart Thomas Tucker Waites Waldrop Whipper White Wilder, D. Wilkes Williams
So, the motion to reconsider was tabled.
Rep. CORNING continued speaking.
The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day.
Rep. CORNING continued speaking.
Rep. G. BROWN moved that the House do now adjourn.
Rep. ROBINSON 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. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Anderson Askins Bailey, J. Barber Baxley Boan Breeland Brown, G. Brown, J. Byrd Carnell Farr Felder Gamble Govan Harrelson Harris, J. Harris, P. Hines Hodges Holt Houck Inabinett Keyserling Kinon Kirsh Martin McAbee McCraw McKay McMahand Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Rogers Rudnick Scott Sharpe Sheheen Shissias Snow Spearman Stille Stoddard Thomas Tucker Waites Waldrop Whipper White Wilder, D. Wilkes Wilkins Williams Worley
Those who voted in the negative are:
Alexander, M.O. Allison Bailey, G. Baker Brown, H. Cato Chamblee Cooper Corning Cromer Davenport Delleney Fair Fulmer Gonzales Graham Hallman Harrell Harrison Harwell Haskins Huff Keegan Kelley Klauber Koon Lanford Law Littlejohn Marchbanks Meacham Quinn Riser Robinson Smith, D. Smith, R. Stuart Sturkie Trotter Vaughn Walker Wells Wilder, J. Witherspoon Wofford Wright Young, A.
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 2, Rep. CORNING having the floor.
The Senate returned to the House with concurrence the following:
H. 4637 -- Rep. J. Wilder: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MS. LOUISE R. RAVENEL, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., FOR HER DEDICATION AND OVER THIRTY-FOUR YEARS OF SERVICE TO BETTERING THE LIVES OF PERSONS WITH DISABILITIES AND TO WISH HER GOOD HEALTH AND HAPPINESS IN HER RETIREMENT.
At 11:50 A.M. the House in accordance with the motion of Rep. J. WILDER adjourned in memory of Daniel Mackey, III of Camden, to meet at 10:00 A.M. tomorrow.
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