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 2881, Mar. 1 | Printed Page 2900, Mar. 1 |

Printed Page 2893 . . . . . Tuesday, March 1, 1994

STATEMENT BY REP. KENNEDY

Rep. KENNEDY, with unanimous consent, made a short statement relative to the closing of Baxter Laboratories in Williamsburg County.

H. 4850--ADOPTED

The following was introduced:

H. 4850 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.4633, RELATING TO ESTABLISHING AN ADDITIONAL HOMESTEAD EXEMPTION FROM SCHOOL TAXES, FOR SECOND READING OR OTHER CONSIDERATION AFTER THE CALL OF THE UNCONTESTED CALENDAR, WEDNESDAY, MARCH 2, 1994, AND TO PROVIDE, FOLLOWING THE CALL OF THE ROLL OF THE HOUSE ON EACH SUBSEQUENT LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.4633 UNTIL THIRD READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H.4633, relating to establishing an additional homestead exemption from school taxes, is set by special order for second reading or other consideration after the call of the uncontested calendar on Wednesday, March 2, 1994, and to provide, following the call of the roll of the House on each subsequent legislative day, for the continuing special order consideration of H.4633 until third reading or other disposition.

Rep. McTEER explained the House Resolution.

The Resolution was adopted.


Printed Page 2894 . . . . . Tuesday, March 1, 1994

H. 4851--ADOPTED

The following was introduced:

H. 4851 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.4819, RELATING TO CAPITAL IMPROVEMENT BONDS FOR 1994 FOR THE PURCHASE OF SCHOOL BUSES ONLY, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING THIRD READING OR OTHER DISPOSITION OF H.4633 AND TO PROVIDE, FOLLOWING THE CALL OF THE ROLL OF THE HOUSE ON EACH SUBSEQUENT LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.4819 UNTIL THIRD READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H.4819 relating to capital improvement bonds for 1994 for the purchase of school buses only is set by special order for second reading or other consideration immediately following third reading or other disposition of H.4633 and to provide following roll call on each legislative day, for the continuing special order consideration of H.4819 until third or other disposition.

Rep. McTEER explained the Resolution.

The Resolution was adopted.

REPORT OF STANDING COMMITTEE

Rep. McTEER, from the Committee on Rules, submitted a favorable report, with amendments, on:

S. 1208 -- Senators Holland, Courtney and Jackson: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MARCH 9, 1994, AT 12:00 NOON, AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FIRST, SECOND, THIRD, FOURTH, FIFTH, SIXTH, AND AT-LARGE DISTRICTS, SO AS TO FILL TERMS WHICH WILL EXPIRE JUNE 30, 1994.


Printed Page 2895 . . . . . Tuesday, March 1, 1994

S. 1208--RETURNED TO THE SENATE WITH AMENDMENTS

On motion of Rep. McTEER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

S. 1208 -- Senators Holland, Courtney and Jackson: A CONCURRENT RESOLUTION TO FIX TUESDAY, MARCH 15, 1994, AT 12:30 P.M., AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FIRST, SECOND, THIRD, FOURTH, FIFTH, SIXTH, AND AT-LARGE DISTRICTS, SO AS TO FILL TERMS WHICH WILL EXPIRE JUNE 30, 1994.

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

That the Senate and the House of Representatives meet in joint assembly in the Hall of the House of Representatives on Tuesday, March 15, 1994, at 12:30 P.M., for the purpose of electing successors to the members of the South Carolina Public Service Commission from the First, Second, Third, Fourth, Fifth, Sixth, and At-Large Districts, so as to fill terms which expire June 30, 1994.

The Rules Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1069DW.94), which was adopted.

Amend the resolution, as and if amended, by striking all after resolving words and inserting:

/That the Senate and the House of Representatives meet in joint assembly in the Hall of the House of Representatives on Tuesday, March 15, 1994, at 12:30 P.M., for the purpose of electing successors to the members of the South Carolina Public Service Commission from the First, Second, Third, Fourth, Fifth, Sixth, and At-Large Districts, so as to fill terms which expire June 30, 1994./

Amend title to conform.

Rep. McTEER explained the amendment.

Rep. RICHARDSON spoke against the amendment.

Rep. BAXLEY spoke in favor of the amendment.

Rep. RICHARDSON spoke against the amendment and moved to recommit the Concurrent Resolution to the Rules Committee.

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

Yeas 46; Nays 64



Printed Page 2896 . . . . . Tuesday, March 1, 1994

Those who voted in the affirmative are:
Alexander, T.C.  Allison          Bailey, G.
Bailey, J.       Barber           Canty
Clyborne         Cromer           Fulmer
Gamble           Gonzales         Graham
Hallman          Harrell          Harrelson
Harrison         Hodges           Huff
Hutson           Keegan           Kelley
Keyserling       Kirsh            Klauber
Lanford          Littlejohn       Meacham
Quinn            Richardson       Riser
Robinson         Shissias         Simrill
Smith, D.        Stille           Stone
Stuart           Thomas           Trotter
Tucker           Walker           Wells
Wofford          Wright           Young, A.
Young, R.

Total--46

Those who voted in the negative are:

Alexander, M.O.  Anderson         Askins
Baker            Baxley           Beatty
Boan             Breeland         Brown, G.
Brown, H.        Brown, J.        Byrd
Carnell          Cato             Chamblee
Cobb-Hunter      Cooper           Davenport
Delleney         Elliott          Fair
Farr             Felder           Govan
Harris, J.       Harwell          Haskins
Hines            Holt             Houck
Inabinett        Jaskwhich        Jennings
Kinon            Koon             Law
Marchbanks       Mattos           McCraw
McKay            McLeod           McMahand
McTeer           Moody-Lawrence   Neal
Neilson          Phillips         Rhoad
Scott            Sharpe           Sheheen
Smith, R.        Snow             Spearman
Stoddard         Sturkie          Townsend
Vaughn           Waldrop          Whipper

Printed Page 2897 . . . . . Tuesday, March 1, 1994

Wilder, D.       Wilder, J.       Wilkins
Williams

Total--64

So, the House refused to recommit the Resolution to the Rules Committee.

The question then recurred to the adoption of the amendment.

Rep. QUINN moved to adjourn debate upon the Resolution.

Rep. BAXLEY moved to table the motion.

POINT OF ORDER

Rep. MCTEER raised the Point of Order that the motion to adjourn debate was out of order as you cannot adjourn debate on a report of the Rules Committee.

The SPEAKER stated that there were five minutes for each side, so if it was debatable then you could adjourn debate and he overruled the Point of Order.

Rep. RICHARDSON demanded the yeas and nays, which were not ordered.

The motion to table was agreed to by a division vote of 48 to 39.

Rep. RICHARDSON moved that the House do now adjourn.

Rep. G. BAILEY demanded the yeas and nays, which were not ordered.

The House refused to adjourn, by a division vote of 26 to 73.

The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 69 to 27.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.


Printed Page 2898 . . . . . Tuesday, March 1, 1994

Bill #: S. 1208 General Subject Matter: Dates for PSC Election Amendment #: 1. Subject Matter:

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. TIMOTHY C. WILKES

Rep. RICHARDSON proposed the following Amendment No. 2, which was ruled out of order.

election good for one year only

POINT OF ORDER

Rep. FELDER raised the Point of Order that Amendment No. 2 was out of order as it did not amend the time of the election.

The SPEAKER stated that under the Rules you could only amend time and place and he sustained the Point of Order and ruled the amendment out of order.

Rep. RICHARDSON proposed the following Amendment No. 3, which was tabled.

change election to Tuesday, May third

Rep. RICHARDSON explained the amendment.

Rep. BAXLEY moved to table the amendment, which was agreed to by a division vote of 56 to 41.

The question then recurred to the adoption of the Concurrent Resolution, as amended.

The Concurrent Resolution, as amended, was then adopted and ordered returned to the Senate.

Rep. WALDROP moved that the House do now adjourn.

POINT OF ORDER

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


Printed Page 2899 . . . . . Tuesday, March 1, 1994

H. 3267--AMENDED AND SENT TO THE SENATE

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.

Reps. HODGES, THOMAS and SPEARMAN, with unanimous consent, proposed the following Amendment No. 47 (Doc Name L:\council\legis\amend\CYY\15797AC.94), which was adopted.

Amend the bill, as and if amended, by deleting Section 44-49-330(D) and inserting:

/(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, before the abortion, that the printed materials were received by her more than twenty-four hours before the abortion is scheduled to be performed or induced, that the information described in item (A)(1) has been provided to her, and that she has been informed of her opportunity to review the information referred to in item (A)(2), then the waiting period required pursuant to subsection (C) does not apply. However, the clinic or other place is nevertheless required to


Printed Page 2900 . . . . . Tuesday, March 1, 1994

maintain, for three years, the woman's written verification that the information was so provided and the printed materials were so received./

Amend title to conform.


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