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 5730, May 10 | Printed Page 5750, May 10 |

Printed Page 5740 . . . . . Tuesday, May 10, 1994

Those who voted in the negative are:
Breeland         Brown, J.        Cobb-Hunter
Inabinett        Kennedy          Keyserling
Moody-Lawrence   Neal             Rudnick
Shissias         Williams

Total--11

So, the amendment was tabled.

Rep. RUDNICK proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\CYY\16014AC.94), which was tabled.

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

/(D) The materials described in Section 44-41-340 must be available to a woman at the clinic or other place where the abortion is to be performed or induced. These materials must be available for review at any time during the regular business hours of the clinic or other place and upon request the clinic or other place where the abortion is to be performed or induced shall mail these materials to the woman./

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. LITTLEJOHN moved to table the amendment.

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

Yeas 62; Nays 12

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Bailey, J.       Barber
Brown, H.        Chamblee         Clyborne
Cooper           Cromer           Davenport
Delleney         Fair             Fulmer
Gamble           Gonzales         Govan
Hallman          Harrell          Harrelson
Harris, J.       Harrison         Harwell
Haskins          Houck            Huff
Hutson           Keegan           Kelley
Kirsh            Klauber          Law

Printed Page 5741 . . . . . Tuesday, May 10, 1994

Littlejohn       Marchbanks       Mattos
McCraw           McKay            McMahand
Meacham          Quinn            Riser
Robinson         Sheheen          Simrill
Smith, D.        Smith, R.        Snow
Spearman         Stille           Stone
Stuart           Sturkie          Trotter
Waldrop          Walker           Wells
Wilder, D.       Witherspoon      Wofford
Wright           Young, A.

Total--62

Those who voted in the negative are:

Baxley           Breeland         Brown, J.
Inabinett        Kennedy          Keyserling
Moody-Lawrence   Neilson          Rudnick
Scott            Shissias         Williams

Total--12

So, the amendment was tabled.

Rep. J. WILDER moved that the House recede for 1 hour 15 minutes.

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

Yeas 5; Nays 84

Those who voted in the affirmative are:

Barber           Cromer           Rudnick
Wilder, J.       Wilkes

Total--5

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Askins           Baxley
Boan             Breeland         Brown, H.
Brown, J.        Byrd             Clyborne
Cobb-Hunter      Cooper           Corning

Printed Page 5742 . . . . . Tuesday, May 10, 1994

Davenport        Delleney         Fair
Fulmer           Gamble           Gonzales
Govan            Hallman          Harrell
Harrelson        Harris, J.       Harrison
Haskins          Hines            Hodges
Holt             Houck            Huff
Hutson           Inabinett        Jennings
Keegan           Kelley           Kennedy
Keyserling       Kirsh            Klauber
Law              Littlejohn       Marchbanks
Mattos           McCraw           McElveen
McKay            McMahand         Meacham
Moody-Lawrence   Neilson          Quinn
Richardson       Riser            Robinson
Scott            Sheheen          Shissias
Simrill          Smith, D.        Smith, R.
Spearman         Stille           Stone
Stuart           Sturkie          Townsend
Trotter          Tucker           Waites
Waldrop          Walker           Wells
Whipper          White            Wilkins
Williams         Witherspoon      Wofford
Worley           Wright           Young, A.

Total--84

So, the House refused to recede.

AMENDMENT NO. 4--MOTION TO RECONSIDER TABLED

Rep. HODGES moved to reconsider the vote whereby Amendment No. 4 was tabled.

Rep. HASKINS moved to table the motion.

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

Yeas 65; Nays 10

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Barber           Boan
Breeland         Brown, H.        Chamblee

Printed Page 5743 . . . . . Tuesday, May 10, 1994

Clyborne         Cobb-Hunter      Cooper
Davenport        Delleney         Fair
Gamble           Gonzales         Hallman
Harrell          Harris, J.       Harrison
Haskins          Hines            Hutson
Inabinett        Keegan           Kennedy
Kirsh            Klauber          Law
Littlejohn       Marchbanks       Mattos
McKay            McMahand         Meacham
Moody-Lawrence   Neilson          Quinn
Riser            Robinson         Scott
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Stille
Stoddard         Stuart           Sturkie
Townsend         Trotter          Waldrop
Walker           Wells            Whipper
White            Wilkes           Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.

Total--65

Those who voted in the negative are:

Askins           Baxley           Harrelson
Hodges           Houck            Keyserling
Richardson       Rudnick          Spearman
Tucker

Total--10

So, the motion to reconsider was tabled.

Rep. RUDNICK proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\CYY\16020AC.94), which was tabled.

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


Printed Page 5744 . . . . . Tuesday, May 10, 1994

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), then the waiting period required pursuant to subsection (C) of this section does not apply. However, the clinic or other place is nevertheless required to maintain, for one year, the woman's written verification that the printed materials were so received./

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. HASKINS moved to table the amendment.

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

The amendment was then tabled by a division vote of 48 to 13.

AMENDMENT NO. 6--MOTION TO RECONSIDER TABLED

Rep. KEYSERLING moved to reconsider the vote whereby Amendment No. 6 was tabled.

Rep. HASKINS moved to table the motion.

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

Yeas 59; Nays 7

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Bailey, J.       Barber
Boan             Breeland         Brown, H.
Chamblee         Cooper           Davenport
Delleney         Gamble           Gonzales
Hallman          Harrell          Harris, J.
Harrison         Haskins          Hines
Huff             Hutson           Jennings
Keegan           Kelley           Kirsh
Law              Littlejohn       Marchbanks
McKay            McMahand         Meacham
Moody-Lawrence   Neilson          Quinn
Riser            Robinson         Scott
Sheheen          Shissias         Simrill
Smith, R.        Stille           Stoddard
Stone            Stuart           Sturkie
Townsend         Trotter          Waldrop

Printed Page 5745 . . . . . Tuesday, May 10, 1994

Walker           Wells            Wilder, J.
Williams         Witherspoon      Wofford
Wright           Young, A.

Total--59

Those who voted in the negative are:

Baxley           Hodges           Holt
Houck            Keyserling       Richardson
Rudnick

Total--7

So, the motion to reconsider was tabled.

Rep. RUDNICK proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\CYY\16010AC.94), which was tabled.

Amend the bill, as and if amended, by adding:

/Section 44-41-390. No person may contact, bother, harass, or disturb a person who is a patient or client or accompanying a patient or client of an abortion clinic or other facility in which abortions are performed concerning the abortion at any time while the person is entering or leaving the clinic or facility or at any place during any waiting period for an abortion. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars or imprisoned up to thirty days, or both./

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. HODGES spoke against the amendment.

Rep. DAVENPORT moved to table the amendment.

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

The amendment was then tabled by a division vote of 45 to 12.

Rep. RUDNICK proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\CYY\16021AC.94), which was tabled.

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

/(2) materials designed to inform the woman of the probable anatomical and physiological characteristics of the embryo or fetus at two-week


Printed Page 5746 . . . . . Tuesday, May 10, 1994

gestational increments from the time when a woman can be known to be pregnant to full term. Any photograph, drawing or other depiction must be the actual size of the embryo or fetus at the gestational age indicated. The materials must be objective, nonjudgmental, and designed to convey only accurate scientific information about the embryo or fetus at the various gestational ages;/

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. WELLS moved to table the amendment.

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

Yeas 65; Nays 14

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Bailey, G.       Bailey, J.       Baker
Barber           Baxley           Brown, H.
Brown, J.        Chamblee         Clyborne
Cooper           Cromer           Davenport
Delleney         Fulmer           Gonzales
Hallman          Harrell          Harris, J.
Harrison         Harwell          Haskins
Hodges           Houck            Huff
Hutson           Jaskwhich        Jennings
Keegan           Kelley           Kirsh
Klauber          Littlejohn       Marchbanks
Mattos           McCraw           McMahand
Moody-Lawrence   Quinn            Riser
Robinson         Scott            Sheheen
Simrill          Smith, D.        Smith, R.
Spearman         Stille           Stoddard
Stone            Sturkie          Townsend
Trotter          Tucker           Vaughn
Waldrop          Walker           Wells
Wilder, D.       Wofford          Worley
Wright           Young, A.

Total--65

Printed Page 5747 . . . . . Tuesday, May 10, 1994

Those who voted in the negative are:
Askins           Breeland         Gamble
Hines            Holt             Inabinett
Keyserling       Meacham          Neilson
Richardson       Rudnick          Stuart
Whipper          Williams

Total--14

So, the amendment was tabled.

Rep. RUDNICK proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\CYY\16017AC.94), which was tabled.

Amend the bill, as and if amended, by deleting Section 44-41-350.

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. LITTLEJOHN moved to table the amendment.

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

Yeas 61; Nays 15

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Baker            Baxley           Brown, H.
Cato             Chamblee         Clyborne
Cooper           Cromer           Davenport
Delleney         Gamble           Gonzales
Hallman          Harrell          Harris, J.
Harrison         Harwell          Haskins
Hodges           Huff             Hutson
Jaskwhich        Jennings         Keegan
Kelley           Klauber          Lanford
Littlejohn       Marchbanks       Mattos
McCraw           McMahand         Meacham
Quinn            Riser            Robinson
Scott            Sheheen          Simrill
Smith, D.        Smith, R.        Spearman
Stille           Stone            Stuart

Printed Page 5748 . . . . . Tuesday, May 10, 1994

Sturkie          Townsend         Trotter
Tucker           Vaughn           Waldrop
Walker           Wells            Wilder, D.
Witherspoon      Wofford          Worley
Wright

Total--61

Those who voted in the negative are:

Bailey, G.       Bailey, J.       Barber
Breeland         Holt             Inabinett
Keyserling       Moody-Lawrence   Neilson
Richardson       Rudnick          Shissias
Stoddard         Whipper          Williams

Total--15

So, the amendment was tabled.

AMENDMENT NO. 15--MOTION TO RECONSIDER TABLED

Rep. TUCKER moved to reconsider the vote whereby Amendment Number 15 was tabled.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that Rep. TUCKER'S motion was dilatory under Rule 8.3.

The SPEAKER overruled the Point of Order.

Rep. HASKINS moved to table the motion to reconsider.

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

Yeas 62; Nays 19

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Baker            Barber
Brown, H.        Cato             Chamblee
Cobb-Hunter      Cooper           Davenport
Delleney         Fulmer           Gamble
Gonzales         Hallman          Harrell
Harris, J.       Harrison         Harwell

Printed Page 5749 . . . . . Tuesday, May 10, 1994

Haskins          Hines            Huff
Hutson           Jaskwhich        Keegan
Kelley           Klauber          Lanford
Littlejohn       Marchbanks       Mattos
McCraw           McMahand         Meacham
Moody-Lawrence   Neilson          Quinn
Riser            Robinson         Scott
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Stille
Stoddard         Stone            Stuart
Sturkie          Townsend         Trotter
Vaughn           Walker           Wells
Wilkes           Williams         Witherspoon
Wofford          Wright

Total--62

Those who voted in the negative are:

Askins           Bailey, G.       Bailey, J.
Baxley           Boan             Breeland
Hodges           Holt             Inabinett
Jennings         Keyserling       Martin
Rogers           Rudnick          Spearman
Tucker           Waites           Wilder, D.
Worley

Total--19

So, the motion to reconsider was tabled.

Rep. RUDNICK proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\CYY\16022AC.94), which was ruled out of order.

Amend the bill, as and if amended, by adding appropriately numbered sections to read:

/( ) Whereas, the Department of Health and Environmental Control has the responsibility under state law to administer and enforce basic standards for maintenance and operation of hospitals and other health facilities in South Carolina; and

Whereas, the department is charged by the State Certification of Need and Health Facility Licensure Act to promote cost containment, prevent


Printed Page 5750 . . . . . Tuesday, May 10, 1994

unnecessary duplication of health care facilities and services, guide the establishment of health care facilities and services which will best serve the public needs, and ensure that high quality services are provided in health facilities in this State; and


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