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 4110, Apr. 7 | Printed Page 4130, Apr. 12 |

Printed Page 4120 . . . . . Thursday, April 7, 1994

(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 . The printed materials required to be published pursuant to Section 44-41-340 of the 1976 Code as added by this act must


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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 . If any provision, word, phrase, or clause of Article 3, Chapter 41, Title 44 of the 1976 Code as added by 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 Article 3, Chapter 41, Title 44 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 Article 3, Chapter 41, Title 44 are declared to be severable./

Renumber sections to conform.

Amend title to conform.

Rep. CORNING was recognized.

POINT OF ORDER

Rep. COBB-HUNTER raised the Point of Order that Amendment No. 2 was out of order as it was not germane.

Rep. CORNING argued contra the Point in stating that the original Bill defined a hospital facility and that the amendment only expanded the definition of what was a hospital facility.

Rep. KLAUBER stated that the amendment was not germane in that the Bill pertained to the disposal of infectious wastes and also dealt with licensure of clinics and sanitary regulations and did not deal with how the clinics gave information to patients.

Rep. CORNING stated that the Bill clearly amended the definition of what a clinic or hospital was and that the amendment only expanded the definition to say that the facility included places that where a certain number of abortions are performed.

The SPEAKER stated that the problem was not Section 44-41-75 but Article 3 addressed a whole new topic not addressed in the Bill.

Rep. CORNING stated that Article 3 was part of the definition.

The SPEAKER stated that the amendment did amend the definition but it also attached another one.

Rep. CORNING continued to argue contra the Point in stating that the definition referred to Article 3.

The SPEAKER stated that the Committee Report, citing Section B under Section 1, stated that the department shall promulgate regulations concerning sanitation, housekeeping, maintenance, staff qualifications, emergency equipment, procedures, etc. and information on and access to patient follow-up care necessary to carry out the purposes of this section


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and that the amendment amended in the first part and changed Section 44-41-75 which changed the definition. He further stated that the amendment added sections which had been recognized as the Woman's Right to Know Bill which was discussed earlier. He further stated that this fit under the definition of information and providing information and record keeping and the regulation of clinics which the Bill dealt with.

Rep. KLAUBER stated that the intent of the committee was that it would pertain to follow-up care as far as the patient was concerned.

The SPEAKER stated that the Bill in its present status regulated what was defined as abortion clinics and excluded hospitals and that the amendment regulated the practices in abortion clinics and that it was germane and he overruled the Point of Order.

Rep. COBB-HUNTER objected to the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 2, Rep. CORNING having been recognized.

Rep. WILKINS moved that the House do now adjourn, which was adopted by a division vote of 57 to 33.

ADJOURNMENT

At 11:10 A.M. the House in accordance with the motion of Rep. SPEARMAN adjourned in memory of Brooks Connelly of Saluda County, to meet at 10:00 A.M. tomorrow.

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Printed Page 4123 . . . . . Friday, April 8, 1994

Friday, April 8, 1994

(Local Session)

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:

Increase our vision, O God, broaden our understanding, and deepen our compassion as we go about the business of this day. Help us to see ourselves in the accomplishment of Your plans and purposes. Forbid that we should be blinded by self-interest, but may we discern the needs of our fellowman and bring him our best. In all things make us "workmen that need not be ashamed" as we walk in Your way and work in concert with Your beckoning.

In the Name of the Master Workman do we pray. Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

SENT TO THE SENATE

The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.

H. 5032 -- Reps. Boan and Hodges: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF SEPTEMBER 7, 1993, MISSED BY THE STUDENTS OF KERSHAW ELEMENTARY SCHOOL AND BUFORD HIGH SCHOOL OF THE LANCASTER COUNTY SCHOOL DISTRICT AND THE SCHOOL DAYS OF SEPTEMBER 7 AND 8, 1993, MISSED BY STUDENTS OF CLINTON ELEMENTARY SCHOOL AND LANCASTER HIGH SCHOOL OF THE LANCASTER COUNTY SCHOOL DISTRICT WHEN THESE SCHOOLS WERE CLOSED DUE TO CONSTRUCTION DELAYS 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.


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ADJOURNMENT

At 10:15 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, April 12.

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Printed Page 4125 . . . . . Tuesday, April 12, 1994

Tuesday, April 12, 1994

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

We thank You, Heavenly Father, for the manifestation of Yourself in the world all around: when the Spring's warm rain brings flowers splashing out in varied colors, and leaves spring from the trees overnight; a sunset more breathtaking than the masterpiece of the most skilled artist's brush; the crispness of the star studded night with the moon in illustrious glow; a Summer afternoon with the corn field dancing to the cadence of the wind; a Winter morning awaking to a world transformed when every twig is frosted with snow or ice sparkling across the white expanse of the hillside.

Indeed the scenes of nature literally praise the Lord. May it all inspire us to praise the same Lord Whose splendor is unsurpassed. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. STUART moved that when the House adjourns, it adjourn in memory of Dr. William Henry Granger, Sr., of Swansea, which was agreed to.

S. 1188--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., April 7, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 1188:
S. 1188 -- Senators Washington and Mescher: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS


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COMMISSION FOR COLLETON COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR COLLETON COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE COLLETON COUNTY ELECTION COMMISSION AND THE COLLETON COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW COLLETON COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.
and asks for a Committee of Conference and has appointed Senators Washington, Mescher and Passailaigue of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. McTEER, INABINETT and RHOAD to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 7, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 687:
S. 687 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING ENABLING LEGISLATION; TO UPDATE EXISTING LEGISLATIVE ACTS; TO REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE COUNTY PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5 RELATING TO ZONING AND PLANNING BY MUNICIPALITIES; TO REPEAL SECTIONS 6-7-310


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THROUGH 6-7-1110 RELATING TO PLANNING BY LOCAL GOVERNMENTS; AND TO REPEAL ACT 129 OF 1963 RELATING TO THE GREENVILLE COUNTY PLANNING COMMISSION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 7, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 520 and the report having been adopted by both Houses has ordered that the title be changed to that of an Act, and the Bill be enrolled for ratification:
S. 520 -- Senators Thomas and Wilson: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO SPECIFY THE MAXIMUM SIZE AND SIZE OF LETTERING ON IDENTIFICATION BADGES AND TO PROHIBIT BADGES IN FLUORESCENT COLORS.
Very respectfully,
President

Received as information.


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REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration.

Document No. 1759
Promulgated By Real Estate Commission, Department of Labor, Licensing and Regulation
Providers of Continuing Education Courses
Received By Speaker April 7, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date March 14, 1995

Document No. 1767
Promulgated By Department of Transportation
Specific Information Service Signing
Received By Speaker April 7, 1994
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date March 14, 1995

Document No. 1758
Promulgated By The Board of Chiropractic Examiners, Department of Labor, Licensing and Regulation
Correction of Terminology Inconsistencies Regarding Therapeutic Modalities
Received By Speaker April 11, 1994
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date March 18, 1995

REPORTS OF STANDING COMMITTEES

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 4804 -- Reps. Shissias, Cromer, Cobb-Hunter, Mattos, Inabinett, McElveen, Wells, Neal, Hutson, Wofford and Govan: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES UNDER ITS APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP AND DISTRIBUTE


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MATERIALS AND PROCEDURES TO HOSPITALS FOR USE IN OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS ON NEWBORNS, AND TO AMEND SECTION 44-7-320, AS AMENDED, RELATING TO GROUNDS FOR DENYING, REVOKING, OR SUSPENDING HOSPITAL LICENSES, SO AS TO PROVIDE AS AN ADDITIONAL GROUND THE FAILURE TO COMPLY WITH PROCEDURES FOR OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS.

Ordered for consideration tomorrow.

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, Reps. MOODY-LAWRENCE, BREELAND, NEAL, J. BROWN and CANTY, for the minority, submitted an unfavorable report, on:

H. 4943 -- Reps. Cromer, Wells, Hutson, Clyborne, Wofford, A. Young, Hallman, Stone, Fulmer, Meacham, Allison, Simrill, Trotter, Witherspoon, Stuart, R. Smith, Marchbanks, Littlejohn, Walker, Robinson, Riser, Fair, H. Brown, Klauber and Keegan: A JOINT RESOLUTION TO LIMIT TO THIRTY-SIX MONTHS THE LENGTH OF TIME A FAMILY MAY RECEIVE AID TO FAMILIES WITH DEPENDENT CHILDREN BENEFITS AND TO PROVIDE AN EXCEPTION; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR A WAIVER TO IMPLEMENT THIS TIME LIMIT; TO DIRECT THE DEPARTMENT TO CONTRACT FOR A STUDY TO DETERMINE THE SAVINGS IN FUNDS DUE TO THIS LIMITATION AND TO DIRECT THAT SAVINGS REALIZED BY THIS LIMITATION MUST BE APPROPRIATED TO THE DEPARTMENT FOR ITS JOBS PROGRAM AS PROVIDED FOR IN THE GENERAL APPROPRIATIONS ACT.

Ordered for consideration tomorrow.

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

S. 1118 -- Senators Drummond, Washington, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-55-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF PRACTICE OF PSYCHOLOGY, SO AS TO DELETE THE REQUIREMENT THAT A CLIENT RECEIVING


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EXTENDED PSYCHOTHERAPY MUST BE REFERRED TO A PHYSICIAN FOR EXAMINATION; TO AMEND SECTION 40-55-80, RELATING TO LICENSURE, SO AS TO REQUIRE AN APPLICANT TO PROVIDE REFERENCES AND THAT THE BOARD MAY NOT REQUEST MORE THAN THREE REFERENCES AND TO FURTHER REQUIRE AN APPLICANT TO HAVE COMPLETED TWO YEARS OF SUPERVISED EXPERIENCE; TO AMEND SECTION 40-55-130, RELATING TO COMPLAINTS, SO AS TO DELETE THE REQUIREMENT THAT A COMPLAINT MUST BE SUBMITTED BY AFFIDAVIT AND TO REVISE NOTICE PROCEDURES; TO AMEND SECTION 40-55-150, RELATING TO DISCIPLINARY GROUNDS, SO AS TO DELETE GROUNDS RELATING TO SOLICITATION; TO AMEND SECTION 40-55-170, RELATING TO VIOLATIONS, SO AS TO AUTHORIZE THE BOARD TO BRING ACTIONS FOR INJUNCTIONS AND TO REQUIRE THE ATTORNEY GENERAL TO ASSIST WITH PROCEEDINGS BROUGHT UNDER THIS CHAPTER; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN PSYCHOLOGY FOR SIX YEARS.

Ordered for consideration tomorrow.


| Printed Page 4110, Apr. 7 | Printed Page 4130, Apr. 12 |

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