Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT Pro Tempore.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear in the Phillips' rendering of St. Paul's words to the believers in Thessalonia, Chapter 2 (v.9):

"Our attitude among you was one of tenderness,

rather like that of a devoted nurse among her

babies. Because we loved you, it was a joy to

us to give you not only the Gospel of

God but our very hearts --- so dear did you

become to us. Our struggles and hard work,

my brothers, must be still fresh in your minds.

Day and night we worked that we might not

burden any of you..."
Let us pray.

God our Father, the Helper of all that put their trust in You, we do not ask to be extricated from difficult situations, but we do pray for a spirit of understanding of the labors and toiling of each other as each of us seeks to do our job as each thinks it must be done.

May the thoughts of each of us become a part of the synthesis for which we strive.

As we struggle to make our corporate decisions, we pray: Where we are right, strengthen and confirm us; where we are in want, furnish us; where we are in error, correct us.

In the Holy Name we pray.

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

April 27, 1994
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Reappointment, Member, Commission on Disabilities and Special Needs, with term to commence June 30, 1994, and to expire June 30, 1998:

6th Congressional District:

Mrs. Judy P. Fuller, 2152 Hart Road, Florence, S.C. 29501

Referred to the Committee on Medical Affairs.

April 28, 1994
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Initial Appointment, Member, State Board of Barber Examiners, with term to commence June 30, 1994, and to expire June 30, 1998:

Barber:

Mr. Napolean Rogers, Post Office Box 451, Hartsville, S.C. 29551 VICE Thelma Julia Robinson

Referred to the General Committee.

May 6, 1994
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Initial Appointment, Member, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 1993, and to expire June 30, 1997:

4th Congressional District:

Mr. William E. Walsh, Post Office Box 5156, Spartanburg, S.C. 29304 VICE John Poole

Referred to the Committee on Medical Affairs.

May 9, 1994
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Initial Appointment, Member, South Carolina Commission for the Blind, with term to commence May 19, 1994, and to expire May 19, 1998:

5th Congressional District:

Ms. Stella G. Williams, 2006 Emma Circle, Lancaster, S.C. 29720 VICE Robert R. Bell (as 5th Congressional District member)

Referred to the General Committee.

May 15, 1994
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Reappointment, Member, South Carolina State Housing Finance and Development Authority, with term to commence August 15, 1994, and to expire August 15, 1998:

At-Large:

Mr. Eugene Collins Spivey, Post Office Box 570, Conway, S.C. 29526

Referred to the Committee on Labor, Commerce and Industry.

The following was received and referred to the appropriate committee for consideration:

Document No. 1740
Promulgated by Department of Insurance
Private Review Agents
Received by Lt. Governor May 18, 1994
Referred to Senate Committee on Banking and Insurance
120 day review expiration date April 24, 1995

Senator COURSON introduced Dr. Kenneth Varley of Columbia, S.C., Doctor of the Day.

Senator LEATHERMAN introduced Dr. Peter Hyman of Florence, S.C., Doctor of the Day.

Senator DRUMMOND rose to a Point of Personal Interest.

Senator ROSE rose to a Point of Personal Interest.

Columbia, S.C., May 16, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.
Very respectfully,
Speaker of the House

On motion of Senator J. VERNE SMITH, the Senate insisted upon its amendments to H. 4036 and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators J. VERNE SMITH, MATTHEWS and HAYES of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

S. 1409 -- Senators McConnell and Passailaigue: A BILL TO RELOCATE THE FOLLY BEACH PUBLIC OYSTER GROUND.

Having voted on the prevailing side, Senator McCONNELL asked unanimous consent to make a motion to request the return of S. 1409 from the House and reconsider the vote whereby the Senate gave third reading to the Bill.

There was no objection.

The Bill was returned as requested.

The Senate proceeded to a consideration of the Bill. The question being reconsideration of third reading of the Bill.

On motion of Senator McCONNELL, third reading of the Bill was reconsidered and the Bill was ordered returned to the Calendar.

H. 5120 -- Rep. McAbee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF SOUTH CAROLINA HIGHWAY 23 AS "R. CLARK DUBOSE HIGHWAY".

Senator WILSON asked unanimous consent to make a motion to proceed to a consideration of the Resolution.

Senator McCONNELL objected to further consideration of the Resolution.

S. 88 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 44-41-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING ABORTIONS, SO AS TO CHANGE A REFERENCE IN THE DEFINITION OF HOSPITAL; TO AMEND SECTION 44-41-70, RELATING TO REGULATIONS FOR CERTIFICATION OF HOSPITALS AND OTHER FACILITIES, SO AS TO INCLUDE FACILITIES IN WHICH FIRST TRIMESTER ABORTIONS ARE PERFORMED; TO AMEND SECTION 44-93-100, RELATING TO EXCEPTIONS TO THE EXEMPTION OF SMALL QUANTITY GENERATORS FROM THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO REQUIRE THESE GENERATORS TO MANAGE FETAL REMAINS IN ACCORDANCE WITH THE REQUIREMENTS FOR PATHOLOGICAL WASTE.

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill. The question being the motion to commit the Bill to the Committee on Judiciary.

Senator McCONNELL argued contra to the motion.

Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator McCONNELL moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Lander Leatherman
Leventis Macaulay Martin
Matthews McConnell McGill
Mescher Mitchell Moore
O'Dell Passailaigue Patterson
Peeler Rankin Richter
Rose Russell Ryberg
Saleeby Short Smith, G.
Smith, J.V. Stilwell Waldrep
Washington Williams Wilson

The Senate resumed.

At 11:30 A.M., Senator MARTIN assumed the Chair.

Senator McCONNELL continued arguing contra to the motion.

At 11:40 A.M., the PRESIDENT assumed the Chair.

Senator McCONNELL argued contra to the motion.

Senator WILLIAMS argued in favor of the motion.

Senator McCONNELL moved to lay the motion to commit on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Courson Courtney
Elliott Giese Gregory
Hayes Lander Leatherman
Macaulay Martin McConnell
Mescher Moore O'Dell
Passailaigue Peeler Rankin
Richter Rose Russell
Ryberg Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Wilson

Cork Drummond Ford
Glover Holland Jackson
Leventis Matthews Saleeby
Short Williams

The motion to commit was laid on the table.

Senator CORK proposed the following Amendment No. 2 (88R001.HAC), which was tabled:

Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:

/SECTION 1. The 1976 Code is amended by adding:

"Section 44-41-75. (A) Any facility in which five or more first trimester abortions are performed in a month must be certified by the department to operate as an abortion clinic.

(B) The department shall promulgate regulations concerning sanitation, housekeeping, infection control, and information on and access to patient follow-up care necessary to carry out the purposes of this section."

SECTION 2. Section 44-41-10(d) of the 1976 Code is amended to read:

"(d) `Hospital' means those institutions licensed for hospital operation by the department in accordance with the provisions of Section 44-7-310 Article 3, Chapter 7 of this title and which have also been certified by the department to be suitable facilities for the performance of abortions."

SECTION 3. Section 44-41-70 of the 1976 Code is amended to read:

"Section 44-41-70. (a) The department shall promulgate and enforce rules and regulations for the certification of hospitals as defined in Section 44-41-10(d) as suitable facilities for the performance of abortions.

(b) The department shall promulgate and enforce rules and regulations for the licensing and certification of facilities other than hospitals as defined in Section 44-41-10(d) wherein abortions are to be performed as provided for in Section 44-41-20(b)."

SECTION 4. Section 44-93-100 of the 1976 Code, as added by Act 134 of 1989, is amended to read:

"Section 44-93-100. All in-state generators that produce less than fifty pounds of infectious waste a month are exempt from the provisions of this chapter except they shall comply with:

(1) the provisions of Section 44-93-90(A) of this chapter; and

(2) the management of the following infectious waste:

(a) sharps must be contained in rigid puncture-resistant containers and may be disposed of as other solid waste;

(b) cultures and human blood and blood products must be managed pursuant to this chapter and any regulations promulgated under this chapter;

(c) products of conception, meaning fetal tissues and embryonic tissues resulting from implantation in the uterus, must be managed in accordance with requirements for pathological waste pursuant to this chapter and any regulations promulgated under this chapter;

(c) (d) all other infectious waste may be disposed of as other solid waste."

SECTION 5. This act takes effect upon approval by the Governor./

Amend the bill further, as and if amended, by striking the title in its entirety and inserting a new title to read as follows:

/TO AMEND SECTION 44-41-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING ABORTIONS, SO AS TO CHANGE A REFERENCE IN THE DEFINITION OF HOSPITAL; TO AMEND SECTION 44-41-70, RELATING TO REGULATIONS FOR CERTIFICATION OF HOSPITALS AND OTHER FACILITIES, SO AS TO INCLUDE FACILITIES IN WHICH FIRST TRIMESTER ABORTIONS ARE PERFORMED; TO AMEND SECTION 44-93-100, RELATING TO EXCEPTIONS TO THE EXEMPTION OF SMALL QUANTITY GENERATORS FROM THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO REQUIRE THESE GENERATORS TO MANAGE FETAL REMAINS IN ACCORDANCE WITH THE REQUIREMENTS FOR PATHOLOGICAL WASTE./

Amend title to conform.

Senator CORK argued in favor of the adoption of the amendment.

Senator HAYES moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Courson Courtney
Giese Gregory Hayes
Lander Leatherman Macaulay
Martin McConnell McGill
Passailaigue Peeler Rankin
Richter Rose Russell
Ryberg Stilwell Thomas
Waldrep Wilson

Cork Drummond Elliott
Ford Glover Holland
Jackson Leventis Matthews
Mescher Short Smith, G.
Washington Williams

The amendment was laid on the table.

Senator CORK proposed the following Amendment No. 3 (JUD88.008), which was tabled:

Amend the bill, as and if amended, beginning on page 3, line 41, by striking the remainder of the page through page 9, and inserting therein the following:

/Section 44-41-320. As used in this article:

(1) `Medical emergency' means a condition in which, on the basis of the physician's good faith judgment, an immediate abortion is necessary to avert the risk of the woman's 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, in the judgment of the attending physician or the physician's agent, based upon the attending physician's examination or the woman's medical history, the probable 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 disclosure 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 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 the physician's 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, the physician's agent, or, should the abortion be performed in a clinic, its agent must inform the woman that materials have been provided by the State which describe fetal development, 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 reasonable opportunity to review the information referred to in item (2) of this subsection.

(4) No abortion may be performed until the physician who is to perform or induce the abortion or the physician's agent determines that the written certification prescribed by item (3) of this subsection or the certification required by subsection (D) has been signed, and that the physician has also signed the certification. This subsection does not apply in the case of a medical emergency or in the case where an abortion is performed pursuant to a court order.

(B) Nothing herein limits the information provided by the physician who is to perform the abortion or an allied health professional to the person upon whom the abortion procedure is to be performed.

(C) The clinic or other facility where the abortion is to be performed or induced, upon request, may mail the printed materials described in Section 44-41-340 to the woman upon whom the abortion is to be performed or induced, or the woman may obtain the information at the local health department.

(D) In the event the person upon whom the abortion is to be performed or induced is an unemancipated minor, as defined in Section 44-41-10, the information described in Section 44-41-330(A)(1) and (2) must be furnished and offered respectively to a parent of the minor, a legal guardian of the minor, a grandparent of the minor, or any person who has been standing in loco parentis to the minor for a period of not less than sixty days. The parent, legal guardian, grandparent, or person who has been standing in loco parentis, as appropriate, must make the certification required by Section 44-41-330(A)(3). In the event the person upon whom the abortion is to be performed is under adjudication of mental incompetency by a court of competent jurisdiction, the information must be furnished and offered respectively to her spouse or a legal guardian if she is married; if she is not married, from one parent or a legal guardian. The spouse, legal guardian, or parent, as appropriate, must make the certification required by Section 44-41-330(A)(3). This subsection does not apply in the case of an abortion performed pursuant to a court order.

(E) A clinic or other facility must maintain, for three years after the abortion is performed or induced, the woman's written verification that the information was so provided and the printed materials were so offered. In the case of a minor or mentally incompetent person, the clinic or other facility is required to maintain a copy of the court order or the medical records and written consent for three years after the procedure is performed.

(F) This section does not apply if a clinic or other facility where abortions are performed or induced does not have, through no fault of the clinic or facility, the materials described in Section 44-41-340 required to be available to a woman.

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 fetal development. The materials must be objective, nonjudgmental, and designed to convey only accurate scientific information about the embryo or fetus at the various gestational stages;

(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. The department in its discretion may provide the above information in a single publication or multiple publications.

Section 44-41-350. A physician who performs an abortion when the physician knows or should have known that the provisions of this article have not been complied with before the abortion must be fined a civil penalty of not more than one thousand dollars for a first offense and not more than five thousand dollars for each subsequent offense.

Section 44-41-360. In every proceeding or action brought under this article, the court shall rule, upon motion of any person or upon its own motion, 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. If the court determines that her anonymity be preserved, it 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 9. Section 30-4-40(a) of the 1976 Code is amended by adding an appropriately numbered item to read:

"( ) the name, address, and telephone number of a person in whose name a motor vehicle license plate is registered; provided, however, this exemption from disclosure shall not apply to an active duty law enforcement officer or agency authorized by law to have access to this information."

SECTION 10. 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 11. 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 12. This act takes effect June 30, 1994, or ninety days after the signature of the Governor, whichever occurs later, except that Section 10 of this act takes effect upon approval by the Governor./

Amend title to conform.

Senator CORK argued in favor of the adoption of the amendment.

Senator LEATHERMAN raised a Point of Order that the Senator was out of order inasmuch as the Senator was filibustering her own amendment.

The PRESIDENT informed the Senator at the podium that he would be monitoring the remarks of the speaker.

Senator CORK continued arguing in favor of the adoption of the amendment.

Senator CORK made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator CORK argued in favor of the adoption of the amendment and Senator HAYES argued contra.

Senator WILLIAMS spoke on the Bill.

Senator JACKSON argued in favor of the adoption of the amendment and Senators GIESE and McCONNELL argued contra.

Senator McCONNELL moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Courson Courtney
Giese Gregory Hayes
Holland Lander Martin
McConnell McGill Moore
O'Dell Peeler Richter
Rose Russell Ryberg
Smith, J.V. Stilwell Thomas
Waldrep Wilson

Cork Drummond Elliott
Ford Jackson Leatherman
Leventis Macaulay Matthews
Mescher Mitchell Passailaigue
Patterson Rankin Short
Smith, G. Washington Williams

The amendment was laid on the table.

Senator CORK proposed the following Amendment No. 6 (JUD88.002), which was adopted:

Amend the bill, as and if amended, page 8, beginning on line 25, by striking Section 44-41-370, as contained in SECTION 8, in its entirety.

Amend the bill further, as and if amended, page 9, beginning on line 14, by striking SECTION 11 in its entirety and inserting therein the following:

/SECTION 11. Section 30-4-40(a) of the 1976 Code is amended by adding an appropriately numbered item to read:

"( ) the name, address, and telephone number of a person in whose name a motor vehicle license plate is registered; provided, however, this exemption from disclosure shall not apply to an active duty law enforcement officer or agency authorized by law to have access to this information."/

Amend the bill further, as and if amended, page 9, by adding an appropriately numbered SECTION to read:

/SECTION ___. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator CORK explained the amendment.

Senator CORK moved that the amendment be adopted.

The amendment was adopted.

Senator CORK proposed the following Amendment No. 7 (JUD88.005), which was not adopted:

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

/SECTION ___. A physician or an allied health professional working in conjunction with the physician who in good faith and without gross negligence determines the probable gestational age of a woman's embryo or fetus pursuant to this article is not liable for miscalculating the gestational age. The completed form referred to in Section 44-41-330 is evidence of compliance with this article./

Renumber sections to conform.

Amend title to conform.

Senator CORK argued in favor of the adoption of the amendment and Senator RICHTER argued contra.

Senator CORK moved that the amendment be adopted.

The amendment was not adopted.

Senator CORK proposed the following Amendment No. 8 (JUD88.006), which was tabled:

Amend the bill, as and if amended, page 5, beginning on line 14, in Section 44-41-330(C), as contained in SECTION 8, by striking /two hours/ and inserting therein /thirty minutes/.

Amend the bill further, as and if amended, page 5, line 27, in Section 44-41-330(D), as contained in SECTION 8, by striking /twenty-four hours/ and inserting therein /thirty minutes/.

Amend title to conform.

Senator CORK explained the amendment.

Senator THOMAS spoke on the amendment.

Senator CORK moved that the amendment be adopted.

Senator THOMAS moved to lay the amendment on the table.

The amendment was laid on the table.

Senator CORK proposed the following Amendment No. 9 (JUD88.009), which was adopted:

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

/SECTION ___. Section 44-41-60 of the 1976 Code is amended to read:

"Section 44-41-60. Any abortion performed in this State must be reported by the performing physician on the standard form for reporting abortions to the state registrar, Department of Health and Environmental Control, within seven days after the abortion is performed. provided that the name The names of the patient and physician may not be reported on the form or otherwise disclosed to the state registrar. The form must indicate from whom consent was obtained or circumstances waiving consent."/

Renumber sections to conform.

Amend title to conform.

Senator CORK argued in favor of the adoption of the amendment.

Senator CORK moved that the amendment be adopted.

The amendment was adopted.

On motion of Senator STILWELL, with unanimous consent, Senators GREG SMITH, MESCHER and STILWELL were granted leave to attend a subcommittee meeting and to be allowed to vote from the balcony.

Senator CORK proposed the following Amendment No. 10A (JUD88.021), which was adopted:

Amend the bill, as and if amended, page 4, in Section 44-41-330(A), as contained in SECTION 8, by striking item 2 and inserting therein the following:

/(2) The woman must be presented by the physician who is to perform the abortion or by an allied health professional working in conjunction with the physician a written form containing the following statement: `You have the right to review printed materials prepared by the State of South Carolina which describe fetal development, list agencies which offer alternatives to abortion, and describe medical assistance benefits which may be available for prenatal care, childbirth, and neonatal care'. This form must be signed and dated by both the physician who is to perform the procedure and the pregnant woman upon whom the procedure is to be performed./

Amend title to conform.

Senator CORK argued in favor of the adoption of the amendment.

Senator CORK moved that the amendment be adopted.

The amendment was adopted.

Senator CORK proposed the following Amendment No. 11 (JUD88.007), which was adopted:

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

/SECTION ___. This article applies only to facilities in which any second trimester or five or more first trimester abortions are performed in a month./

Renumber sections to conform.

Amend title to conform.

Senator CORK argued in favor of the adoption of the amendment.

Senator CORK moved that the amendment be adopted.

The amendment was adopted.

Senator CORK proposed the following Amendment No. 12 (88R004.HAC), which was adopted:

Amend the bill, as and if amended, page 5, line 5, in Section 44-41-330(A)(4), as contained in SECTION 8, by striking /or his agent/.

Amend the bill further, as and if amended, page 5, line 8, in Section 44-41-330(A)(4), as contained in SECTION 8, by adding the following after the word /signed/:

/This subsection does not apply in the case of a medical emergency or in the case where an abortion is performed pursuant to a court order./

Amend title to conform.

Senator CORK argued in favor of the adoption of the amendment.

Senator CORK moved that the amendment be adopted.

The amendment was adopted.

Senator CORK proposed the following Amendment No. 13 (JUD88.010), which was adopted:

Amend the bill, as and if amended, pages 5-6, beginning on line 38, by striking line 38 on page 5 through line 11 on page 6, in Section 44-41-330(E) and (F), as contained in SECTION 8, and inserting therein the following:

/(E) In the event the person upon whom the abortion is to be performed or induced is an unemancipated minor, as defined in Section 44-41-10, the information described in Section 44-41-330(A)(1) and (2) must be furnished and offered respectively to a parent of the minor, a legal guardian of the minor, a grandparent of the minor, or any person who has been standing in loco parentis to the minor for a period of not less than sixty days. The parent, legal guardian, grandparent, or person who has been standing in loco parentis, as appropriate, must make the certification required by Section 44-41-330(A)(3). In the event the person upon whom the abortion is to be performed is under adjudication of mental incompetency by a court of competent jurisdiction, the information must be furnished and offered respectively to her spouse or a legal guardian if she is married; if she is not married, from one parent or a legal guardian. The spouse, legal guardian, or parent, as appropriate, must make the certification required by Section 44-41-330(A)(3). This subsection does not apply in the case of an abortion performed pursuant to a court order./

Renumber remaining subsections to conform.

Amend title to conform.

Senator CORK argued in favor of the adoption of the amendment.

Senator CORK moved that the amendment be adopted.

The amendment was adopted.

Senator McCONNELL proposed the following Amendment No. 14A (JUD88.015), which was adopted:

Amend the bill, as and if amended, page 3, beginning on line 31, by striking the remainder of the bill and inserting therein the following:

/SECTION 8. 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 the woman's medical history, 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 or by an allied health professional working in conjunction with the physician of the procedure to be involved and by the physician who is to perform the abortion of the probable gestational age of the embryo or fetus at the time the abortion is to be performed.

(2) The woman must be presented by the physician who is to perform the abortion or by an allied health professional working in conjunction with the physician a written form containing the following statement: `You have the right to review printed materials prepared by the State of South Carolina which describe fetal development, list agencies which offer alternatives to abortion, and describe medical assistance benefits which may be available for prenatal care, childbirth, and neonatal care'. This form must be signed and dated by both the physician who is to perform the procedure and the pregnant woman upon whom the procedure is to be performed.

(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 must determine that the written certification prescribed by item (3) of this subsection or the certification required by subsection (D) has been signed. This subsection does not apply in the case where an abortion is performed pursuant to a court order.

(B) Nothing herein limits the information provided by 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 one hour after the woman receives the written materials and certifies this fact to the physician or the physician's agent.

(D) If the clinic or other facility 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 obtains the information at the county health department and if the woman verifies in writing, before the abortion, that the printed materials were received by her more than one hour hour 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.

(E) In the event the person upon whom the abortion is to be performed or induced is an unemancipated minor, as defined in Section 44-41-10, the information described in Section 44-41-330(A)(1) and (2) must be furnished and offered respectively to a parent of the minor, a legal guardian of the minor, a grandparent of the minor, or any person who has been standing in loco parentis to the minor for a period of not less than sixty days. The parent, legal guardian, grandparent, or person who has been standing in loco parentis, as appropriate, must make the certification required by Section 44-41-330(A)(3). In the event the person upon whom the abortion is to be performed is under adjudication of mental incompetency by a court of competent jurisdiction, the information must be furnished and offered respectively to her spouse or a legal guardian if she is married; if she is not married, from one parent or a legal guardian. The spouse, legal guardian, or parent, as appropriate, must make the certification required by Section 44-41-330(A)(3). This subsection does not apply in the case of an abortion performed pursuant to a court order.

(F) A clinic or other facility must maintain, for three years after the abortion is performed or induced, the woman's written verification that the information was so provided and the printed materials were so offered. In the case of an unemancipated minor or mentally incompetent person, the clinic or other facility is required to maintain a copy of the court order or the medical records and written consent for three years after the procedure is performed.

(G) This section does not apply if a clinic or other facility where abortions are performed or induced does not have, through no fault of the clinic or facility and if the clinic or facility can demonstrate through written evidence the unavailability of the materials described in Section 44-41-340.

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. Any photograph, drawing, or other depiction must state in bold letters, which are easily legible, stating the magnification of the photograph, drawing, or depiction if it is not the actual size of the embryo or fetus at the 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;

(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 a fetus 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 physician who performs an abortion when the physician 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:

(1) for a first or second offense, must be fined not more than one thousand dollars. No term of imprisonment may be imposed for a first or second offense.

(2) for a third or subsequent offense, must be imprisoned not more than three years or fined not more than five thousand dollars, or both."

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 of any person or upon its own motion, 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 order under this section 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. This article applies only to facilities in which any second trimester or five or more first trimester abortions are performed in a month."

SECTION 9. 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 10. 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.

SECTION 11. Section 30-4-40(a) of the 1976 Code is amended by adding an appropriately numbered item to read:

"( ) the name, address, and telephone number of a person in whose name a motor vehicle license plate is registered; provided, however, this exemption from disclosure shall not apply to an active duty law enforcement officer or agency authorized by law to have access to this information."/

SECTION 12. Section 44-41-60 of the 1976 Code is amended to read:

"Section 44-41-60. Any abortion performed in this State must be reported by the performing physician on the standard form for reporting abortions to the state registrar, Department of Health and Environmental Control, within seven days after the abortion is performed. provided that the name The names of the patient and physician may not be reported on the form or otherwise disclosed to the state registrar. The form must indicate from whom consent was obtained or circumstances waiving consent."

SECTION 13. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator McCONNELL argued in favor of the adoption of the amendment.

Senator McCONNELL moved that the amendment be adopted.

The amendment was adopted.

Having voted on the prevailing side, Senator HAYES moved to reconsider the vote whereby Amendment No. 11 (JUD 88.007) proposed by Senator CORK was adopted.

Senator CORK argued contra to the motion to reconsider.

The motion to reconsider failed.

Senator CORK proposed the following Amendment No. 15 (JUD88.013), which was adopted:

Amend the bill, as and if amended, page 7, beginning on line 28, as contained in SECTION 8, by striking Section 44-41-350, and inserting therein the following:

/"Section 44-41-350. A physician who performs an abortion when the physician 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:

(1) for a first or second offense, must be fined not more than one thousand dollars. No term of imprisonment may be imposed for a first or second offense.

(2) for a third or subsequent offense, must be imprisoned not more than three years or fined not more than five thousand dollars, or both."/.

Amend title to conform.

Senator CORK explained the amendment.

Senator CORK moved that the amendment be adopted.

The amendment was adopted.

Senator CORK proposed the following Amendment No. 16 (88R003.HAC), which was not adopted:

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

/SECTION . A physician who in good faith determines the probable gestational age of a woman's embryo or fetus pursuant to this article is not criminally liable for miscalculating the gestational age. The completed form referred to in Section 44-41-330 is evidence of compliance with this article./

Amend title to conform.

Senator CORK explained the amendment.

Senator BRYAN moved to lay the amendment on the table.

The Senate refused to table the amendment. The question then was the adoption of the amendment.

By a division vote of 17 to 18, the amendment was not adopted.

Senators CORK and THOMAS proposed the following Amendment No. 17 (JUD88.014), which was adopted:

Amend the bill, as and if amended, page 5, beginning on line 14, in Section 44-41-330(C), as contained in SECTION 8, by striking /two hours/ and inserting therein /one hour/.

Amend the bill further, as and if amended, page 5, line 27, in Section 44-41-330(D), as contained in SECTION 8, by striking /twenty-four hours/ and inserting therein /one hour/.

Amend title to conform.

Senator CORK explained the amendment.

Senator CORK moved that the amendment be adopted.

The amendment was adopted.

There being no further amendments, the Bill was amended and returned to the House with amendments.

S. 992 -- Senator Land: A BILL TO AMEND SECTION 50-9-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM FOR SUSPENDING HUNTING AND FISHING PRIVILEGES, SO AS TO PROVIDE FOR AN ADDITIONAL HUNTING VIOLATION PERTAINING TO RACCOONS; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO THE HUNTING SEASONS FOR SMALL GAME, SO AS TO REVISE THE SEASON FOR RACCOON AND OPOSSUM IN GAME ZONE 9; TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO REQUIREMENTS FOR HUNTING RACCOONS AND OPOSSUMS, SO AS TO INCLUDE FOX AND PROVIDE FOR ADDITIONAL REQUIREMENTS AND PENALTIES; AND TO AMEND SECTION 50-11-2500, AS AMENDED, RELATING TO PERMITS TO HOLD FUR AFTER THE SEASON FOR TAKING FURBEARERS, SO AS TO INCLUDE FURBEARERS AND THEIR PELTS WITHIN THE PERMIT APPLICATION AND RELATED REQUIREMENTS.

Having voted on the prevailing side, Senator McGILL asked unanimous consent to make a motion to recall the Bill from Legislative Council and reconsider the vote whereby the Senate concurred in the House amendments.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being reconsideration of concurrence in the House amendments.

Senator McGILL proposed the following amendment (N05\7919BDW.94), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 50-9-1020 of the 1976 Code, as last amended by Section 1261, Act 181 of 1993, is further amended to read:

"Section 50-9-1020. There is established the following point system for violations to be used by the department in suspending hunting and fishing privileges of those persons participating in those activities within this State:

Violation Points

(1) Common violations:

(a) resisting arrest by the use of force, violence, or weapons against the person or any an employee of the department while engaged in his duties, any a law enforcement officer aiding in the work of the department, or any a federally commissioned employee engaged in like or similar employment: 18;

(b) attempting escape after lawful arrest: 14;

(c) hunting or fishing in a state sanctuary at any time: 14;

(d) hunting, fishing, or trapping out of season, (except in a state sanctuary): 10;

(e) selling game or game fish: 14;

(f) taking game or fish in any an illegal manner not mentioned specifically elsewhere in this section. However, no points may be assessed pursuant to this subitem for fish taken on the seaward side of the saltwater-freshwater dividing lines as provided in Section 50-17-30: 8;

(g) using a borrowed or altered hunting or fishing license: 10;

(h) taking more than the legal limit of game or fish: 8;

(i) hunting or fishing without a license in possession: 6;

(j) trespassing to hunt, fish, or trap: 10;

(k) violating Game Management Area regulations: 8.

No points shall be assessed by authority of item (f) for fish taken on the seaward side of the saltwater-freshwater dividing lines as provided in Section 50-17-30.

(2) Hunting violations:

(a) killing or attempting to kill or molest deer from a motorboat: 14;

(b) night hunting deer or bear: 18;

(c) Illegal transportation of illegally transporting furs or hides and possession of possessing untagged hides: 10;

(d) trapping quail or wild turkeys: 10;

(e) hunting over bait: 8;

(f) killing or possession of possessing antlerless deer, except as expressly provided by law: 14;

(g) illegally night hunting other game, except deer, or hunting game in prohibited hours: 8;

(h) possessing buckshot in possession illegally: 5;

(i) possessing unplugged gun in possession while hunting, violation of Section 50-11-10 of the 1976 Code: 4;

(j) killing or possessing of male wild turkeys, (gobblers), during the closed season and killing or possessing wild turkey hens, except as expressly provided by law: 18;

(k) roost shooting of wild turkeys between official sunset and official sunrise: 18;

(l) shooting wild turkeys over bait: 18;

(m) hunting wild turkeys over bait: 10;

(n) trespassing to hunt waterfowl: 18;

(o) hunting waterfowl over bait: 10;

(p) shooting waterfowl over bait: 10;

(q) hunting waterfowl out of posted season: 15;

(r) taking more than one waterfowl over the legal limit: 15;

(s) illegally possessing, taking, or attempting to take raccoons during the season for hunting without weapons: 14.

(3) Fishing violations: trapping, netting, or seining game fish illegally: 10."

SECTION 2. Section 50-11-120(A)(6)(c) of the 1976 Code, as last amended by Act 383 of 1992, is further amended to read:

"(c) fox: year round but no weapons may be used January second through August fifteenth through March fifteenth. Notwithstanding the provisions of this section, it is unlawful to hunt foxes, with or without firearms, in Game Zone 6 between March fifteenth and August fifteenth. However, There is no closed season for the running of foxes with dogs for the purpose of training the dogs in a private enclosed fox-hunting-dog-training facility;"

SECTION 3. Section 50-11-120(A)(9)(e) of the 1976 Code, as last amended by Section 1262, Act 181 of 1993, is further amended to read:

"(e) raccoon and opossum: September fifteenth first through October fourteenth; March second through March fifteenth thirty-first without weapons and with dogs only; October fifteenth through March first with weapons and dogs. All hunting of raccoon and opossum in Game Zone 9 must be at night. Night as used in this section is that time between official sunset one day and official sunrise the following day;"

SECTION 4. Section 50-11-140 of the 1976 Code, as last amended by Section 1262, Act 181 of 1993, is further amended to read:

"Section 50-11-140. During any a period in which raccoons, and opossums, or fox are allowed to be hunted without firearms weapons, it is unlawful to take, attempt to take, or hunt such game the animals when carrying on one's person or in one's vehicle any a firearm, saw, ax, artificial calling device, or tree-climbing device. Mouth-operated calling devices may be used in field trials as provided by the department in Section 50-11-2100."

SECTION 5. This act takes effect July 1, 1994./

Amend title to conform.

Senator McGILL explained the amendment.

There being no further amendments, the Bill was returned to the House with amendments.

H. 4720 -- Reps. Law, Williams, Wofford, R. Young and H. Brown: A BILL TO AMEND ACT 518 OF 1982, RELATING TO THE BERKELEY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT VACANCIES MUST BE FILLED FOR THE UNEXPIRED PORTION OF THE TERM BY APPOINTMENT OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION.

Senator MESCHER asked unanimous consent to make a motion to recall the Bill from the local delegation.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

The Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

H. 5161 -- Rep. J. Bailey: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO PROMPTLY ENACT LEGISLATION TO PROVIDE FOR MEDICAL CARE SAVINGS ACCOUNTS.

Senator MACAULAY asked unanimous consent to make a motion to recall the Resolution from the Committee on Medical Affairs.

There was no objection.

On motion of Senator MACAULAY, with unanimous consent, the Resolution was ordered placed on the Calendar.

H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT; AND TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO PROVIDING SIGNS STATING THE PENALTY FOR ARMED ROBBERY, SO AS TO REMOVE FROM THE SIGN CERTAIN PROVISIONS.

Senator HOLLAND asked unanimous consent to make a motion that immediately following the order of business, "Receipt of Communications", that the Senate proceed to a consideration of H. 4323 on Thursday, May 19, 1994, to the exclusion of all other matters.

There was no objection.

The following was introduced:

S. 1418 -- Senators Lander, Setzler and Matthews: A CONCURRENT RESOLUTION TO COMMEND THE ESTABLISHMENT OF THE DISABILITY COALITION OF SOUTH CAROLINA AND RECOGNIZE AND ENCOURAGE ITS ROLE TO ADVOCATE FOR INDIVIDUALS WITH DISABILITIES AND THEIR FAMILIES TO ASSURE EQUALITY OF OPPORTUNITY, FULL PARTICIPATION, INDEPENDENT LIVING, AND ECONOMIC SELF-SUFFICIENCY AND TO FURTHER ENSURE THAT THE STATE OF SOUTH CAROLINA PLAY AN ONGOING ROLE IN ENFORCING THE SPIRIT AND STANDARDS OF THE AMERICANS WITH DISABILITIES ACT IN THE CRITICAL AREAS OF TRANSPORTATION, COMMUNICATION, PUBLIC ACCOMMODATIONS, EDUCATION, EMPLOYMENT, HOUSING, RECREATION, HEALTH SERVICES, VOTING, AND ACCESS TO PUBLIC SERVICES ON BEHALF OF INDIVIDUALS WITH DISABILITIES.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:

H. 3154 -- Reps. J. Brown, G. Brown, Rogers, Byrd, Inabinett, Kennedy, Wofford, McLeod, Hines, Stone, Meacham, Lanford, Simrill and Wilkins: A BILL TO AMEND SECTION 16-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ROBBERY OF OPERATORS OF MOTOR VEHICLES FOR HIRE, SO AS TO INCREASE THE PENALTY FOR A VIOLATION, TO PROHIBIT PAROLE UNTIL A MINIMUM TERM HAS BEEN SERVED, AND TO PROHIBIT SUSPENSION OF THE SENTENCE.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3168 -- Rep. Kirsh: A BILL TO AMEND SECTION 30-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR UNLAWFULLY REMOVING, DEFACING, OR DESTROYING A PUBLIC RECORD, SO AS TO INCREASE THE PENALTY FOR VIOLATION.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:

H. 3385 -- Rep. Cromer: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, METHODS OF NOMINATION, AND QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO DELETE THE PROVISIONS RELATING TO CANDIDATES SEEKING NOMINATION BY PETITION; AND TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE FOR A SEPARATE FILING PERIOD FOR CANDIDATES SEEKING NOMINATION BY PETITION IN PARTISAN ELECTIONS, AND CHANGE A CODE REFERENCE.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a majority favorable and Senator GLOVER a minority unfavorable report on:

H. 3475 -- Reps. Baxley, A. Young, Simrill, Kirsh, Stone, Haskins, Neal, Harrison, Quinn, Corning, Riser, Shissias, Hines, Canty, Cato, Wells, Robinson, Meacham and Hutson: A BILL TO AMEND SECTION 4-10-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFERENDUM ON THE QUESTION OF IMPLEMENTING THE LOCAL OPTION ONE PERCENT SALES AND USE TAX WITHIN A COUNTY, SO AS TO DESCRIBE SUCH REFERENDUM AS AN "INITIAL REFERENDUM", PROVIDE THAT IT MUST OCCUR ON THE TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN A GENERAL ELECTION YEAR, AND PROVIDE THAT, FOLLOWING THE INITIAL REFERENDUM, A REFERENDUM FOR IMPLEMENTING THE TAX MUST NOT BE HELD MORE OFTEN THAN ONCE IN FORTY-EIGHT, RATHER THAN TWELVE, MONTHS AND MUST BE SIMILARLY HELD ON THE TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN A GENERAL ELECTION YEAR ONLY.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3890 -- Reps. McAbee, Kelley, Worley, Keegan, Witherspoon and Sturkie: A BILL TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOTELS, MOTELS, RESTAURANTS, AND BOARDING HOUSES, BY ADDING CHAPTER 2, THE LODGING ESTABLISHMENT ACT, SO AS TO GOVERN THE LAWFUL USE OF LODGING ESTABLISHMENTS AND PROVIDE PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable report on:

H. 3957 -- Rep. Haskins: A BILL TO AMEND SECTION 6-11-1610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A SPECIAL PURPOSE DISTRICT, SO AS TO ADD TO THE DEFINITION A TAX DISTRICT CREATED PURSUANT TO CHAPTERS 9 AND 19 OF TITLE 4.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:

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.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable report on:

H. 4767 -- Reps. Neilson, Rogers, Whipper, Hallman, Gonzales, Sturkie, Quinn, Littlejohn, Govan, McKay, Hines, McCraw, Fulmer, Cobb-Hunter, J. Bailey, G. Bailey, Walker, J. Harris, Beatty, Phillips, Vaughn, Davenport, Rudnick, Richardson, Canty, D. Wilder, Stille, Spearman, Thomas, Breeland, Scott, Moody-Lawrence, Inabinett, Riser, Waites, Koon, Harrison and Corning: A BILL TO AMEND SECTION 20-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND DUTIES OF PARENTS IN REGARD TO THEIR MINOR CHILDREN, SO AS TO PROVIDE THAT PARENTS HAVE EQUAL ACCESS TO EDUCATIONAL AND MEDICAL RECORDS OF THEIR MINOR CHILDREN.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable report on:

H. 4810 -- Reps. Richardson, J. Bailey, Quinn, Law, Kirsh, Wilkins, Harrell, Hodges, Hutson, Robinson, Mattos, Gamble, Shissias, Keyserling, Clyborne, Klauber, Thomas and Cromer: A BILL TO AMEND SECTION 58-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE PUBLIC SERVICE COMMISSION AND ELECTION OF COMMISSIONERS, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ELECT COMMISSIONERS BASED UPON THE CONGRESSIONAL DISTRICTS ESTABLISHED BY THE GENERAL ASSEMBLY PURSUANT TO THE OFFICIAL UNITED STATES CENSUS OF 1990, RATHER THAN THE CENSUS OF 1980.

Ordered for consideration tomorrow.

Senator COURTNEY from the Committee on Judiciary submitted a favorable with amendment report on:

H. 4844 -- Reps. Shissias, McElveen, Neal, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson and Wells: A BILL TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO PROVIDE UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT AND TO PROVIDE CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES; TO AMEND SECTION 15-35-910, RELATING TO DEFINITIONS IN THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT, SO AS TO REVISE A CROSS REFERENCE; AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT.

Ordered for consideration tomorrow.

H. 4056 -- Reps. Rogers, G. Bailey, Hallman, Wofford, Fulmer, Barber, Simrill, Baxley, Harvin, McAbee, Waldrop, Snow, Rudnick, Waites, J. Bailey, Wells, H. Brown and Meacham: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO CREATE THE CRIME VICTIM'S ADVOCATE OF SOUTH CAROLINA AND PROVIDE POWERS AND DUTIES.

The House returned the Bill with amendments.

On motion of Senator McCONNELL, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

S. 73 -- Senator Rose: A BILL TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 SO AS TO ALLOW THE QUALIFIED ELECTORS OF A COUNTY WITHOUT A RECREATION DISTRICT TO CREATE A RECREATION DISTRICT, TO AUTHORIZE THE MAXIMUM TAX MILLAGE FOR THE OPERATION OF THE DISTRICT, AND TO PROVIDE FOR THE CREATION OF A COMMISSION WITH CERTAIN POWERS AND DUTIES.

The House returned the Bill with amendments.

On motion of Senator ROSE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

S. 872 -- Senators Moore, Leventis, Greg Smith, Short and Mescher: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE CONDITIONS UNDER WHICH GRANDPARENT VISITATION MAY BE GRANTED.

The House returned the Bill with amendments.

Senator MOORE explained the amendment.

On motion of Senator MOORE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.

The House returned the Resolution with amendments.

On motion of Senator DRUMMOND, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.

The House returned the Resolution with amendments.

On motion of Senator DRUMMOND, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

S. 1415 -- Senators Leventis and Land: A CONCURRENT RESOLUTION CONGRATULATING ROSS S. MCKENZIE OF SUMTER ON RECEIVING THE SOUTH CAROLINA FEDERATION OF MUSEUMS' CERTIFICATE OF SPECIAL RECOGNITION.

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4756 -- Reps. Waites, Inabinett, Moody-Lawrence, Graham, Whipper, Waldrop, Neilson, Scott, Snow, Shissias, Harrelson, Breeland, Govan, Neal, Corning, Rudnick, Rogers, Thomas, Riser and T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 32 SO AS TO ENACT THE "SAFE CREMATION ACT" AND TO PROVIDE FOR THE AUTHORIZATION OF, THE PROCEDURES FOR, AND REGULATION OF CREMATION; BY ADDING SECTION 17-5-305 SO AS TO REQUIRE THAT THE REMAINS OF AN UNIDENTIFIED DEAD PERSON MAY NOT BE CREMATED BUT MUST BE BURIED; TO AMEND SECTION 17-5-310, RELATING TO CREMATION PERMITS, SO AS TO PROVIDE THAT A CORONER MAY ISSUE SUCH PERMIT; AND TO AMEND SECTION 17-5-320, RELATING TO REPORTING THE ABSENCE OF AN INVESTIGATION OF VIOLENT OR SUSPICIOUS DEATHS, SO AS TO PROVIDE THAT THE REPORT MAY BE MADE TO A CORONER.

S. 1289 -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT SEPARATION, FOR PURPOSES OF WHEN A HUSBAND AND WIFE HAVE LIVED SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR, MAY BE VOLUNTARY OR INVOLUNTARY.

The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.

On motion of Senator McCONNELL, the text of the Joint Resolution was ordered printed upon the pages of the Journal and ordered to receive a third reading.

S. 1289 -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT SEPARATION, FOR PURPOSES OF WHEN A HUSBAND AND WIFE HAVE LIVED SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR, MAY BE VOLUNTARY OR INVOLUNTARY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. It is proposed that Section 3 of Article XVII of the Constitution of this State be amended to read:

"Section 3. Divorces from the bonds of matrimony shall be allowed on the grounds of adultery, desertion, physical cruelty, continuous voluntary or involuntary separation for a period of at least one year, or habitual drunkenness."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Shall Section 3 of Article XVII of the Constitution of this State be amended so as to provide that for the ground of divorce by separation for a period of at least one year, the separation may be voluntary or involuntary?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Leventis Macaulay
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Reese Richter Rose
Russell Ryberg Saleeby
Setzler Short Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Washington Williams
Wilson

The Joint Resolution was read the third time, passed and ordered sent to the House of Representatives.

The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:

H. 3463 -- Reps. Jennings, H. Brown, Kirsh, Huff, Houck, Neilson, Tucker, Baxley, Delleney, Wofford, Worley, McElveen, Martin, Cobb-Hunter, J. Wilder, Spearman, Elliott, McCraw, Phillips, Kinon, J. Harris and Askins: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND TO PRESCRIBE ITS POWERS AND DUTIES; BY ADDING SECTION 57-23-185 SO AS TO PROVIDE THAT JUST COMPENSATION BE PAID TO LANDOWNERS FOR REMOVAL OF SIGNS; AND TO AMEND SECTION 57-25-140, AS AMENDED, RELATING TO SIGNS PERMITTED ALONG INTERSTATE HIGHWAYS, SO AS TO ALLOW SIGNS PROVIDING DIRECTIONAL INFORMATION.

Senator PASSAILAIGUE asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

H. 5205 -- Reps. Tucker and Chamblee: A BILL TO AMEND ACT 509 OF 1982, AS AMENDED, RELATING TO THE BOARDS OF TRUSTEES OF THE SCHOOL DISTRICTS IN ANDERSON COUNTY, SO AS TO REVISE THE AREAS OR DISTRICTS FROM WHICH TRUSTEES OF SCHOOL DISTRICT 4 ARE ELECTED AND PROVIDE THAT THE TRUSTEES MUST BE ELECTED FROM THE ELECTION DISTRICTS IN WHICH THEY RESIDE.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator WALDREP proposed the following amendment (GJK\20936SD.94), which was adopted:

Amend the bill, as and if amended, in SECTION 1 by striking beginning on line 19, page 6,
/WALKER-MCELMOYLE

Tract 0106.00

Blocks: 101, 103 5

DISTRICT TOTAL 3,309/
and inserting:

/DISTRICT TOTAL 3,304/

Renumber sections to conform.

Amend totals and title to conform.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments, by prior motion of Senator WALDREP.

On motion of Senator WALDREP, H. 5205 was ordered to receive a third reading on Thursday, May 19, 1994.

The following Bills and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:

S. 1413 -- Senator Holland: A BILL TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF SECONDARY ROAD S28-539 IN KERSHAW COUNTY.

(By prior motion of Senator HOLLAND)

H. 4349 -- Reps. Wilkins, Wright, Harrell, Fulmer, Corning, Simrill, Hallman, H. Brown, Clyborne, Vaughn, Allison, Gamble, Marchbanks, Trotter, Stuart, Walker, Hutson, Littlejohn, Wells, Huff, D. Smith, Gonzales, Witherspoon, Haskins, Shissias, Thomas, Kelley, Harrison, Stone, Fair, Richardson, Riser, R. Smith, Graham, Law, Davenport, A. Young, Sharpe and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-25 SO AS TO ESTABLISH THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 1994 GENERAL ELECTION, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT, AND TO REPEAL SECTION 2-1-10, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED.

(By prior motion of Senator HOLLAND, with unanimous consent)

On motion of Senator WILLIAMS, H. 4349 was ordered to receive a third reading on Thursday, May 19, 1994.

S. 1416 -- Education Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO PARENTING/FAMILY LITERACY PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1417 -- Education Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SCHOOL IMPROVEMENT COUNCILS AND THE ANNUAL SCHOOL AND DISTRICT IMPROVEMENT REPORTS (REPEALED IN ITS ENTIRETY); DISTRICT AND SCHOOL COMPREHENSIVE PLANNING (REPLACES), DESIGNATED AS REGULATION DOCUMENT NUMBER 1712, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4969 -- Reps. Lanford, Holt, Marchbanks, Inabinett, Jaskwhich, R. Smith, Haskins, Hines, Simrill, Neilson, Stone, Moody-Lawrence, Robinson, Trotter, Beatty, Farr, McMahand, Chamblee, Baker, Cato, Worley, Huff, Stoddard, Riser, Davenport, Breeland, McTeer, Byrd, Govan, D. Smith, Whipper, Wright, Richardson, Koon, McLeod, and Thomas: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL OF ANY DISTRICT OF THIS STATE DURING SCHOOL YEAR 1993-94 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, COLD, OR INCLEMENT WEATHER 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.

Senator REESE asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

H. 5146 -- Rep. Whipper: A BILL TO AUTHORIZE THE CHARLESTON COUNTY SCHOOL DISTRICT TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senators RICHTER, McCONNELL, FORD, PASSAILAIGUE, ROSE, WASHINGTON and GREG SMITH proposed the following amendment (5146R001.LER), which was adopted:

Amend the bill, as and if amended, page 1, by adding an appropriately numbered section to read:

/SECTION . Paragraph 2 of Section 2 of Act 340 of 1967 is amended to read:

"Upon the expiration of the term of each member, his each successor shall be a qualified elector of the same area and shall must be elected in the general election preceding such expiration date by the qualified electors of the entire county for a term of four years and until his a successor is elected and qualifies. In the event of a vacancy on the board, due to cause other than expiration of term, the vacancy shall be filled for the remainder of the unexpired term by appointment by the Governor upon the recommendation of a majority of the Charleston County Legislative Delegation. Notwithstanding any appointment by the Governor, an election must be held at the time of the next ensuing general election to elect a member when the appointee has been appointed to an unexpired term which exceeds two years. Nothing in this paragraph shall be construed to alter the staggering of terms established by this section."/

Amend title to conform.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

On motion of Senator RICHTER, H. 5146 was ordered to receive a third reading on Thursday, May 19, 1994.

H. 5120 -- Rep. McAbee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF SOUTH CAROLINA HIGHWAY 23 AS "R. CLARK DUBOSE HIGHWAY".

Senator WILSON asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

Senator WILSON moved that the Concurrent Resolution be adopted.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5122 -- Rep. Keyserling: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A CROSSING IN BEAUFORT COUNTY AS THE "MARINE CORPS MEMORIAL CROSSING".

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4843 -- Reps. Tucker, P. Harris, McCraw, D. Smith, Phillips, Wilkins and Haskins: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO CONDUCT A STUDY OF THE U. S. INTERSTATE I-85 CORRIDOR IN GREENVILLE, SPARTANBURG, ANDERSON, AND CHEROKEE COUNTIES FOR THE PURPOSE OF DEVELOPING A TWENTY-YEAR PLAN FOR BETTER TRAFFIC MANAGEMENT AND TO REPORT THE FINDINGS TO THE GENERAL ASSEMBLY.

The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.

Senators LEATHERMAN and RANKIN proposed the following amendment (4843R002.HKL):

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

/SECTION 1. The Department of Transportation shall conduct a study of U.S. Interstate I-85 between the North Carolina and Georgia state lines, as well as all other sections existing currently or being considered or proposed of the U.S. Interstate System located within South Carolina. The study must include information found in a 1992-93 highway transportation study of Greenville and Spartanburg Counties and must be expanded to include Anderson and Cherokee Counties, as well as all other counties in South Carolina in which a section of the U.S. Interstate System is located or is being considered for a proposed section of the U.S. Interstate System. The purpose of this study is to evaluate the transportation needs and economic impact of transportation in South Carolina and develop a twenty-year plan to resolve and prevent increased congestion and better traffic management along the U.S. Interstate System within South Carolina. The department shall report its findings to the General Assembly on January 30, 1995.

SECTION 2. This joint resolution takes effect upon approval by the Governor./

Amend title to conform.

Senator LEATHERMAN explained the amendment.

Senator BRYAN raised a Point of Order under Rule 27E that any Resolution affecting the expenditure of money shall, prior to second reading, have a fiscal impact statement.

Senator LEATHERMAN raised a Point of Order that the Point of Order raised by Senator BRYAN came too late.

The PRESIDENT overruled Senator LEATHERMAN's Point of Order.

Senator BRYAN objected to further consideration of the Joint Resolution.

H. 4872 -- Rep. Houck: A BILL TO AMEND SECTIONS 44-53-210 AND 44-53-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULES II AND IV CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT INJECTABLE FORMS OF PENTAZOCINE ARE SCHEDULE II AND THAT ORAL DOSAGE FORMS OF PENTAZOCINE ARE SCHEDULE IV.

Senator ROSE asked unanimous consent to make a motion to proceed to a consideration of the Bill.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator ROSE proposed the following amendment (4872R001.MTR), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION . Section 52 of Title 44 of the 1976 Code is amended by adding:

"It is the policy of this State that:

(1) Prevention of harm to the fetus is the primary objective of this State and its subdivisions in formulating programs and policies to address the use of alcohol or other drugs during pregnancy.

(2) Programs and policies to address the use of alcohol or other drugs during pregnancy should concentrate on measures that improve the individual's ability to act responsibly. Punitive or coercive measures should be used only as a last resort.

(3) Prenatal harm can be caused by exposure to various drugs, including alcohol, and is often a result of multiple exposures as well as other influences, such as poor maternal health, malnutrition, and lack of prenatal care. The most effective way to prevent this harm is to improve the overall well-being and the self-esteem of women. Efforts to prevent prenatal harm should utilize innovative strategies aimed at the broad range of factors contributing to harm associated with prenatal substance abuse. New models of service delivery should be developed to increase the utilization of available services, using outreach and community-based services as means for identifying and serving the target population.

(4) The use of alcohol and other drugs by women places them at risk for the development of numerous physical and psychological problems. Women whose physical or psychological health is compromised have diminished capacity to care for themselves and their families as well as to participate meaningfully in the community in which they live. Alcohol and other drug abuse isolates women from the institutions of society which support the building and maintenance of self-respect and healthy relationships. Progress and policies of the State and its subdivisions should seek to promote health-enhancing behaviors in women and to develop treatment programs which improve the capacity of women to function fully within their communities.

(5) Prevention, treatment, rehabilitation, and support services for alcohol and other drug abuse, which reflect the unique needs of pregnant women, should be accessible and available to these women. Public and private funds and resources should be identified to implement model intervention programs. Providers of alcohol or drug treatment services must not discriminate against pregnant women or women of childbearing age in providing these services. Pregnant women should be given priority access to treatment services for alcohol or drug dependency.

(6) Adequate prenatal care, through the public and private sectors, should be available and accessible for every pregnant woman. In order to avoid deterring pregnant substance abusers from obtaining prenatal care at the earliest possible time, the privacy of the physician-patient relationship should be protected.

(7) All men and women of childbearing age should be educated about the physical, emotional, and medical effects of alcohol and other drug use during pregnancy. Appropriate educational materials and programs should be developed for use in schools. Educational efforts should emphasize prevention.

(8) All agencies with functions related to use of alcohol or other drugs by pregnant women, including health, social services, corrections, and law enforcement agencies, shall develop plans and interagency policies for coordination of services and resources. These plans and policies should provide for a continuum of services to prevent harm caused by prenatal exposure to alcohol or other drugs. They should include innovative strategies that take into consideration social conditions likely to affect the success of prevention or treatment initiatives, including housing, child care, transportation, and job training specific to women's needs.

(9) Health, social services, and educational agencies shall develop plans and interagency policies for coordination of services and resources to meet the special needs of children who have been harmed by prenatal exposure to alcohol and other drugs.
(10) Statutes, including statutes defining the authority of state or local agencies or providers of services, must be broadly construed to accomplish the policies set forth in this act.
(11) The policies provided for in this act shall be implemented through the cooperative efforts of state, county, and municipal legislative, judicial, and executive branches, as well as other public and private resources. Where resources are limited, services must be targeted to have the greatest impact on preventing harm associated with prenatal exposure to alcohol or other drugs. /

Amend the bill further, as and if amended by adding an appropriately numbered new SECTION to read:

/SECTION . Title 44 of the 1976 Code is amended by adding:

Section 44-54-10. A physician licensed in South Carolina who provides obstetrical or gynecological care to a patient who is pregnant shall counsel the patient on the perinatal effects of smoking cigarettes, the use of alcohol, and the use of a controlled substance as defined in Section 44-53-110, as well as other risk factors appearing to be present in the patient's life. A physician may fulfill this obligation by causing a nurse, social worker, or other allied health professional to provide the required counseling. A statement evidencing that this counseling has been provided and signed by the patient or by the person giving this counseling must be maintained as part of that patient's medical records.

Section 44-54-20. The South Carolina Department of Health and Environmental Control, in cooperation with the South Carolina Commission on Alcohol and Drug Abuse, shall develop and provide educational programs and materials to physicians who provide obstetrical or gynecological care, to other health care providers who provide services for pregnant women, to hospitals, and to other appropriate persons and entities. This information must include, but is not limited to:

(1) the effects of cigarettes, alcohol, and controlled substances on pregnancy and fetal outcome;

(2) how other aspects of a woman's life, such as poor nutrition and domestic violence, interact with substance abuse to affect fetal outcome;

(3) what services are available for addicted or substance-abusing women and their families;

(4) the harm done to fetuses from drug use by the mother; and

(5) the law relating to drug use during pregnancy, including the provisions of this chapter.

Section 44-54-30. The South Carolina Commission on Alcohol and Drug Abuse shall establish and maintain a toll-free information line to provide information on resources for substance abuse and to assist with referral for substance-abusing pregnant women.

Section 44-54-40. A pregnant woman referred for substance abuse treatment must receive first priority for use of available treatment. All records and reports regarding the pregnant woman are confidential. The South Carolina Commission on Alcohol and Drug Abuse shall ensure that family-oriented substance abuse treatment is available, as appropriations allow. Substance abuse treatment facilities that receive public funds may not refuse to treat a woman solely because she is pregnant.

Section 44-54-50. (A) A physician or health care provider, upon identification of a woman with a high risk pregnancy due to the abuse of alcohol or a controlled substance or whose newborn child reasonably appears to have been exposed to alcohol or controlled substances in utero, shall inform the woman of the availability of services offered by substance abuse programs and the option of referral to the South Carolina Commission on Alcohol and Drug Abuse Office of Women's Services.

(B) Upon consent by a woman identified in accordance with subsection (A) the physician or health care provider shall within seventy-two hours of making the identification make a referral to the South Carolina Commission on Alcohol and Drug Abuse Office of Women's Services. The commission's toll-free information line and any other reasonable means may be used for this purpose.

(C) Any individual providing a government service to a woman identified in accordance with subsection (A) may refer the woman, with the woman's consent, to the South Carolina Commission on Alcohol and Drug Abuse Office of Women's Services. The commission's toll-free information line and any other reasonable means may be used for this purpose.

(D) The South Carolina Commission on Alcohol and Drug Abuse Office of Women's Services promptly must refer each woman referred in accordance with subsections (B) or (C) to a substance abuse program licensed by the Department of Health and Environmental Control and chosen by the woman, or if the woman does not choose a substance abuse program licensed by the Department of Health and Environmental Control, to the county drug and alcohol abuse authority in the county in which the woman resides. This substance abuse program or county drug and alcohol abuse authority must provide assessment and interdisciplinary treatment to each woman for whom a referral is made in accordance with subsections (B) or (C), and must report to a physician or other health care provider treating the woman the failure of the woman to comply with any reasonable plan of assessment or treatment prescribed by the substance abuse program or the county drug and alcohol abuse authority.

(E) Nothing in this section shall preclude a physician or other mandated reporter from reporting abuse or neglect of a child as required pursuant to Section 20-7-510. Nothing in this section shall preclude or interfere with voluntary admission to a drug treatment facility or emergency drug treatment pursuant to Chapter 52 of Title 44.

(F) A physician, health care provider, or other individual providing a government service who in good faith substantially complies with this section is immune from any civil liability that otherwise might result by reason of this compliance.

(G) Referral and associated documentation resulting from compliance with this section is confidential and may not be used in any criminal prosecution.

(H) The consent required by subsections (B) and (C) is considered a waiver of confidentiality solely for the purpose of making the report pursuant to subsections (B) and (C)."/

Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION . Section 20-7-290 of the 1976 Code is amended to read:

"Section 20-7-290. (A) Health services of any kind may be rendered to minors a minor of any age without the consent of a parent or legal guardian when, in the judgment of a person authorized by law to render a particular health service, such the services are deemed considered necessary unless such involves the services involve an operation which shall may be performed only if such it is essential to the health or life of such child the minor in the opinion of the performing physician and a consultant physician if one is available.

(B) A physician providing care for a newborn child may order testing for alcohol and other drugs without the consent of a parent or legal guardian if the testing is medically necessary to protect the health of the newborn child in the opinion of the performing physician. Consent from the mother should be sought before testing, if practicable.

(C) Information obtained from the drug or alcohol testing performed on a newborn must not be disclosed in a manner that would identify the child or parents to anyone other than the child's parents or guardian, except:

(1) to make a report pursuant to Section 20-7-510 and to cooperate with an investigation pursuant to such report;

(2) to obtain treatment or other services or benefits for the child or the child's family;

(3) as may be permitted by Section 44-53-140 pursuant to Chapter 52 of Title 44; or

(4) upon consent of a custodial parent or legal guardian.

Any person who discloses such information except as authorized in this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both."/

Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION . Section 20-7-510 of the 1976 Code is amended by adding:

"(D) A person is not required to report based on positive results of drug or alcohol testing performed on a newborn unless the test results combine with one or more other factors, such as the infant's home or family situation or condition, to give the reporter reason to believe that a child's physical or mental health or welfare may be affected adversely by abuse or neglect while in the care of a parent, legal guardian, or custodian."/

Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION . Section 44-7-260 of the 1976 Code, as last is amended by Act 501 of 1990, is further amended by adding:

"(F) No facility or service that provides diagnostic, treatment, or rehabilitative services related to the abuse of alcohol or other drugs may refuse to provide these services to a woman solely because the woman is pregnant. Pregnant women must be given priority access to these services. Diagnostic, treatment, or rehabilitative services must be provided in accordance with accepted professional standards applicable to the treatment of abuse of alcohol or other drugs in pregnant women. All treatment providers must ensure that family-oriented substance abuse treatment is available, as resources may allow."/

Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION . Section 44-49-40(c) of the 1976 Code is amended by adding:

"(11) Coordinate these matters relating to prenatal substance abuse:

(a) study of issues related to prenatal substance abuse;

(b) development of prevention and treatment strategies;

(c) education of policymakers and other relevant professionals;

(d) identification of grants and other private funding sources and the coordination of efforts to obtain these funds; and

(e) provision of interagency communications and actions relating to the use of alcohol and other drugs during pregnancy."/

Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION . Section 44-53-140 of the 1976 Code is amended to read:

"Section 44-53-140. (A) Whenever When a holder of the privilege shall seek seeks counselling, treatment, or therapy for any a drug problem from a confidant, no statement made by such the holder and no observation or conclusion derived from such the confidant shall be is admissible against such the holder in any proceeding. The results of any an examination to determine the existence of illegal or prohibited drugs in a holder's body shall are not be admissible in any proceeding against such the holder. The privilege belongs to the holder and if he the holder waives the right to claim the privilege, the communication between the holder of the privilege and the confidant shall be is admissible in evidence in any proceeding. There is no privilege if the services of a confidant are sought to enable the holder of the privilege to commit or plan to commit a crime or a tort.

(B) When a person seeks prenatal care from a licensed health care provider, no statement made by the person and no observation or conclusion of the health care provider is admissible against the person in any proceeding. The results of an examination to determine the existence of alcohol or other drugs in the person's body or in the body of the newborn child of the person are not admissible in any proceeding against the person. However, the provider may release that information necessary to bring about the commitment of the person for alcohol or drug treatment pursuant to Section 44-52-110, where the release is consistent with professional standards of care. The provider also may release information necessary to judicial proceedings that are initiated by the Department of Social Services following a report under Section 20-7-510. The privilege belongs to the person and may be waived by the person."/

Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION . Section 59-32-20 of the 1976 Code is amended by adding a new paragraph at the end of the section to read:

"All school districts shall develop and include in their drug and alcohol education programs in grades one through twelve, age appropriate drug education curricula concerning the physiological effects and problems before and after birth caused by the use of cigarettes, alcohol, and controlled substances."/

Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION . Section 59-32-30(A) of the 1976 Code is amended by adding at the end:

"(7) Where appropriate to the students' age group, a program of instruction in reproductive health education or substance use or abuse must include instruction concerning the effects of the use and abuse of cigarettes, alcohol, and controlled substances on persons of reproductive age, pregnant women, and fetuses."/

Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION . The South Carolina Commission on Alcohol and Drug Abuse shall ensure that a staff position is designated to carry out the functions required by Section 44-49-40(c)(11) of the 1976 Code as added by Section 8 of this act./

Amend title to conform.

Senator ROSE explained the amendment.

Senator COURTNEY objected to further consideration of the Bill.

H. 5033 -- Rep. Phillips: A BILL TO AMEND SECTION 8-11-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS, LEAVE EARNINGS, AND THE TRANSFER OF AN EMPLOYEE'S ANNUAL LEAVE BALANCES FROM ONE STATE AGENCY TO ANOTHER, SO AS TO PROVIDE THAT ANY PERMANENT FULL-TIME EMPLOYEE OF A STATE AGENCY OR DEPARTMENT SHALL BE GIVEN FULL STATE SERVICE CREDIT FOR PRIOR SERVICE AS A CERTIFIED EMPLOYEE OF A SCHOOL DISTRICT OF THIS STATE FOR PURPOSES OF COMPUTING BONUS EARNINGS, AND TO PROVIDE THAT THE ABOVE PROVISIONS ONLY APPLY IF THERE IS NOT A BREAK IN SERVICE.

On motion of Senator GIESE, the Bill was carried over.

H. 5189 -- Reps. Phillips, McCraw, Farr, Littlejohn, Walker, Wells, Lanford, Allison and D. Smith: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO DEVELOP AND APPROVE QUICKLY THE NATIONAL HIGHWAY SYSTEM NO LATER THAN SEPTEMBER 30, 1994.

On motion of Senator J. VERNE SMITH, the Resolution was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT; AND TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO PROVIDING SIGNS STATING THE PENALTY FOR ARMED ROBBERY, SO AS TO REMOVE FROM THE SIGN CERTAIN PROVISIONS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 5 (4323R022.LER) proposed by Senator RICHTER and previously printed in the Journal of Wednesday, May 4, 1994.

On motion of Senator RICHTER, with unanimous consent, the following Amendment No. 5A (4323R022.LER) proposed by Senator RICHTER was substituted for Amendment No. 5:

Amend the bill, as and if amended, page 12, after line 36, by adding an appropriately numbered SECTION to read:

/SECTION . Section 16-1-120 of the 1976 Code is amended by adding:

"Section 16-1-120. (1) When an individual who was convicted of a felony offense has been released from prison, whether on parole or by completion of the sentence, is convicted of another criminal offense, the individual shall have added to the sentence imposed for the subsequent conviction such additional time as provided below:

(A) if the subsequent offense was committed within forty-five days of his release, five years shall be added to the sentence mandated by the subsequent conviction.

(B) if the subsequent offense was committed within ninety days of his release, four years shall be added to the sentence mandated by the subsequent conviction.

(C) if the subsequent offense was committed within one hundred and eighty days of his release, three years shall be added to the sentence mandated by the subsequent conviction.

(D) if the subsequent offense was committed within two hundred and seventy days of his release, two years shall be added to the sentence mandated by the subsequent conviction.

(E) if the subsequent offense was committed within three hundred and sixty days of his release, one year shall be added to the sentence mandated by the subsequent conviction.

(2) No portion of the additional term provided for herein may be suspended and no such additional term may be reduced by any early release program, work credit or similar program, but must be served in full."/

Amend title to conform.

On motion of Senator LEATHERMAN, the Bill was carried over.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

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.

Senator LEATHERMAN moved that the Bill be made a Special Order.

The Bill was made a Special Order.

H. 4775 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, CHAPTER 7, TITLE 44 SO AS TO ENACT THE HEALTH CARE COOPERATION ACT, WHICH PROVIDES FOR HEALTH CARE COOPERATIVE AGREEMENTS AND FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CERTIFY, REGULATE, AND MONITOR THESE AGREEMENTS.

The House returned the Bill with amendments.

On motion of Senator HAYES, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

On motion of Senator WILLIAMS, with unanimous consent, the Senate agreed that when the Senate adjourns today, that it stand adjourned to meet tomorrow at 10:00 A.M. at which time the Lieutenant Governor is authorized to ratify acts; and, upon completion of the ratification of acts, the Senate will stand in recess until 11:00 A.M.

A message was sent to the House accordingly.

At 3:43 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 10:00 A.M.

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