Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 2790, Feb. 24 | Printed Page 2810, Feb. 24 |

Printed Page 2800 . . . . . Thursday, February 24, 1994

(R304) H. 3454 -- Reps. R. Young and Gonzales: AN ACT TO AMEND SECTION 12-51- 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENT TAX SALES, SO AS TO REQUIRE THE COUNTY TREASURER TO MARK UPON THE PUBLIC TAX RECORDS REGARDING REAL PROPERTY SOLD FOR TAXES THAT THE FUNDS USED TO PAY THE DELINQUENT TAXES WERE DERIVED FROM A TAX SALE AND THE DATE OF THE SALE.

(R305) H. 4653 -- Rep. Snow: AN ACT TO REPEAL SECTION 50-17-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION NUMBERS ON LICENSED SHRIMP TRAWLERS.

(R306) H. 3601 -- Reps. Spearman, White and McAbee: AN ACT TO AMEND SECTION 12- 7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS INCOME TAX CREDIT, SO AS TO PROVIDE THAT COUNTIES WITH A POPULATION LESS THAN TWENTY THOUSAND ACCORDING TO THE 1990 UNITED STATES CENSUS ARE CONSIDERED LESS DEVELOPED COUNTIES FOR PURPOSES OF THE CREDIT AMOUNT ALLOWED.

(R307) H. 3550 -- Reps. McMahand, Stone, R. Smith, Canty, Neilson, Hutson, McLeod, Hines, Cooper, Scott, J. Brown, Beatty, Anderson, Phillips, J. Harris, Baker and Harrell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-60 SO AS TO REQUIRE SCHOOL ADMINISTRATORS TO CONTACT LAW ENFORCEMENT AUTHORITIES WHEN CRIMINAL CONDUCT OCCURS ON SCHOOL PROPERTY OR AT A SCHOOL SANCTIONED OR SPONSORED ACTIVITY.

(R308) H. 4248 -- Reps. J. Harris and Baxley: AN ACT TO CREATE THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION AND TO ABOLISH THE CHESTERFIELD COUNTY ELECTION COMMISSION AND THE CHESTERFIELD COUNTY REGISTRATION BOARD AND TO DEVOLVE THEIR POWERS AND


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DUTIES UPON THE NEW BOARD; TO PROVIDE FOR THE MEMBERSHIP OF THE BOARD, ONE OF WHOM SHALL BE EX OFFICIO AND SERVE AS CLERK WITH COMPENSATION.

(R309) H. 4187 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO LICENSES; REVOCATION AND SUSPENSION, RENEWAL; AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1637, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R310) H. 3379 -- Rep. Haskins: AN ACT TO AMEND SECTION 41-31-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF WARRANTS OF EXECUTION FOR COLLECTION OF EMPLOYMENT SECURITY CONTRIBUTIONS, SO AS TO AUTHORIZE THE SHERIFF OR TAX COLLECTOR ALSO TO COLLECT ANY REASONABLE COSTS INCURRED IN COLLECTING THESE CONTRIBUTIONS AND TO AUTHORIZE THE SHERIFF OR TAX COLLECTOR TO CONTRACT WITH A COLLECTION AGENCY TO COLLECT ALL REASONABLE COSTS AND AMOUNTS.

(R311) H. 3548 -- Rep. Snow: AN ACT TO AMEND SECTION 50-17-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, SIZE LIMITS, AND AREAS FOR TAKING ATLANTIC STURGEON, SO AS TO PROHIBIT THE POSSESSION OR SALE OF PART OF A STURGEON DURING THE CLOSED SEASON WITHOUT PROOF THAT THE PART WAS TAKEN LEGALLY.

(R312) H. 3351 -- Reps. Carnell and Klauber: AN ACT TO AMEND SECTION 40-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE STATE LICENSING BOARD FOR CONTRACTORS, SO AS TO PROVIDE THAT A MAJORITY INSTEAD OF FIVE MEMBERS CONSTITUTES A QUORUM; AND SECTION 40-11-260, AS AMENDED, RELATING TO THE REISSUANCE BY THE BOARD OF A REVOKED LICENSE, SO AS TO PROVIDE FOR REISSUANCE BY A MAJORITY PRESENT INSTEAD OF FIVE OR MORE MEMBERS.

(R313) H. 3880 -- Rep. Lanford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION


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56-5-4435 SO AS TO PROVIDE THAT A MOTOR VEHICLE WHICH PERFORMS BUSINESS IN A RESIDENTIAL AREA FOR SELLING CERTAIN FOOD PRODUCTS MUST HAVE CERTAIN VEHICLE SAFETY EQUIPMENT, AND TO PROVIDE EXCEPTIONS.

THE HOUSE RESUMES

At 11:40 A.M. the House resumed, the SPEAKER in the Chair.

MOTION REJECTED

Rep. FARR moved that the House recur to the morning hour, which was rejected by a division vote of 18 to 44.

H. 4783--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 4783 -- Rep. Townsend: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 413 AND SOUTH CAROLINA HIGHWAY 252 IN ANDERSON COUNTY AS "MCCOY'S CROSSROADS" AND TO INSTALL APPROPRIATE MARKERS AND SIGNS.

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

That the General Assembly of South Carolina, by this resolution, requests the Department of Transportation to designate and name the intersection of South Carolina Highway 413 and South Carolina Highway 252 in Anderson County as "McCoy's Crossroads" and to install appropriate markers and signs on all four roads of the intersection containing the words "McCoy's Crossroads".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and ordered sent to the Senate.

H. 4784--DEBATE ADJOURNED

The following Concurrent Resolution was taken up.

H. 4784 -- Reps. Wright, Harrelson, Wells, Keegan, Phillips, Kelley, Huff, Corning, Robinson, Stone, Worley, Littlejohn, Fair, Chamblee, Gamble, J. Brown, Lanford, Marchbanks, Graham, Cooper, Houck, G. Brown, G. Bailey, Meacham, Simrill, Hutson, Neilson, Farr, Sharpe, Shissias, A. Young, Law, Hallman, Stuart, Byrd, Baxley, Jaskwhich,


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Allison, Kinon, Haskins, Walker, McCraw, Vaughn and R. Smith: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ENACT LEGISLATION PROVIDING THAT ANY FUNDS CUT FROM A FEDERAL PROGRAM BY THE UNITED STATES CONGRESS MUST BE USED TO REDUCE THE FEDERAL DEFICIT AND MUST NOT BE SHIFTED TO ANY OTHER SPENDING PROGRAMS.

Rep. M.O. ALEXANDER moved to adjourn debate upon the Concurrent Resolution, which was adopted.

MOTION PERIOD

H. 4810--RECALLED

Rep. RICHARDSON moved to recall H. 4810 from the Judiciary Committee.

As a first substitute Rep. HASKINS moved to dispense with the balance of the Motion Period.

As a second substitute Rep. BAKER moved to recall H. 4810 from the Judiciary Committee.

Rep. BAXLEY moved to table the motion.

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

Yeas 9; Nays 66

Those who voted in the affirmative are:

Askins           Baxley           Brown, G.
Carnell          Delleney         Harrelson
Jennings         McTeer           Rudnick

Total--9

Those who voted in the negative are:

Allison          Bailey, G.       Baker
Barber           Breeland         Brown, J.
Cato             Clyborne         Cobb-Hunter
Cromer           Davenport        Farr
Gamble           Govan            Hallman
Harrell          Harris, P.       Harrison
Haskins          Huff             Hutson
Jaskwhich        Keegan           Kelley
Kirsh            Koon             Law
Littlejohn       Marchbanks       McCraw

Printed Page 2804 . . . . . Thursday, February 24, 1994

McElveen         Meacham          Moody-Lawrence
Neal             Phillips         Quinn
Richardson       Riser            Robinson
Scott            Sharpe           Shissias
Smith, D.        Smith, R.        Snow
Spearman         Stille           Stone
Stuart           Thomas           Trotter
Tucker           Vaughn           Waldrop
Walker           Wells            Whipper
White            Wilder, D.       Wilkes
Wilkins          Witherspoon      Wofford
Worley           Wright           Young, A.

Total--66

So, the House refused to table the motion.

The question then recurred to the motion to recall H. 4810 from the Judiciary Committee, which was agreed to.

Rep. WILKINS moved to dispense with the balance of the Motion Period, which was agreed to.

H. 3267--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of amendments, immediate cloture having been ordered.

H. 3267 -- Reps. Corning, Cato, Sturkie, Haskins, Fulmer, Quinn, Wells, Klauber, Robinson, A. Young, Cooper, Davenport, R. Smith, Fair, Meacham, Simrill, Walker, Moody-Lawrence, Delleney, Felder, Littlejohn, H. Brown, Baker, Worley, Gonzales, Stone, Harwell, Marchbanks, Sharpe, Wofford, Allison, Chamblee, Vaughn, Clyborne, Huff, Wright, Koon, Lanford, R. Young, Wilkins, Graham and Jaskwhich: A BILL TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1 OF CHAPTER 41, TITLE 44, AND TO ENTITLE THE ARTICLE "ABORTIONS GENERALLY"; TO AMEND CHAPTER 41, TITLE 44, RELATING TO ABORTIONS, BY ADDING ARTICLE 3 SO AS TO ENACT THE "WOMAN'S RIGHT TO KNOW ACT", INCLUDING PROVISIONS FOR PENALTIES; TO PROVIDE THAT THE PRINTED MATERIALS REQUIRED TO BE PUBLISHED


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PURSUANT TO SECTION 44-41-340, AS ADDED BY THIS ACT, MUST BE PUBLISHED ON OR BEFORE THE EFFECTIVE DATE OF ARTICLE 3, CHAPTER 41, TITLE 44, AS ADDED BY THIS ACT; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS, WORDS, PHRASES, AND CLAUSES OF THIS ACT.

Reps. RUDNICK and COBB-HUNTER proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\CYY\15632AC.94), which was tabled.

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

/Section 44-41-400. No person or group of persons assembling for whatever purpose in the vicinity of an abortion clinic or other facility where abortions are performed may assemble closer than three hundred feet of the clinic or facility building. A person violating this section is guilty of a misdemeanor and, upon conviction, may be fined at least two thousand dollars or imprisoned up to six months, or both./

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. CORNING moved to table the amendment, which was agreed to.

Rep. RUDNICK proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\436\11528AC.93), which was tabled.

Amend the bill, as and if amended, Section 44-41-330 by adding an appropriately lettered subsection to read:

/( ) The Department of Health and Environmental Control shall cause to be published in public telephone directories the name, location, phone number, and hours of operation of all clinics in which abortions are performed in the State./

Renumber subsections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. CORNING moved to table the amendment, which was agreed to.


Printed Page 2806 . . . . . Thursday, February 24, 1994

Reps. RUDNICK and COBB-HUNTER proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\CYY\15595AC.94), which was tabled.

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

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

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. WELLS moved to table the amendment, which was agreed to.

Rep. RUDNICK proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\CYY\15671AC.94), which was tabled.

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

Reletter subsections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. CORNING moved to table the amendment, which was agreed to.

Reps. RUDNICK and COBB-HUNTER proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\BR1\11270AC.93), which was ruled out of order.

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

/SECTION __. No vasectomy may be performed on a man without his voluntary informed decision. A decision to have a vasectomy is voluntary and informed only if:

(1) the man is told by the physician who is to perform the vasectomy, the referring physician, or an allied health professional:

(a) the health and medical risks associated with the vasectomy;

(b) whether the procedure is permanent or reversible; and

(2) the man is informed by the physician or his agent that he has the right to review printed materials which must be prepared and distributed


Printed Page 2807 . . . . . Thursday, February 24, 1994

by the Department of Health and Environmental Control and which include, but are not limited to, graphic anatomical depictions of the procedure designed to convey only accurate scientific information about the procedure./

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

POINT OF ORDER

Rep. CORNING raised the Point of Order that Amendment No. 18 was out of order as it was not germane.

Rep. RUDNICK argued contra the Point.

The SPEAKER stated that the amendment was not germane to any section of the Bill or the title of the Bill and he sustained the Point of Order and ruled the amendment out of order.

Reps. RUDNICK and COBB-HUNTER proposed the following Amendment No. 19 (Doc Name L:\council\legis\amend\436\11525AC.93), which was ruled out of order.

Amend the bill, as and if amended, Section 2 of the bill by adding:

/"Section 44-41-387. For every vasectomy or other surgical procedure performed on male reproductive organs a ten dollar fee must be collected by the physician or person conducting the procedure and this amount must be remitted to the State Treasurer for deposit in the State General Fund."/

Amend title to conform.

POINT OF ORDER

Rep. CORNING raised the Point of Order that Amendment No. 19 was out of order as it was not germane.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

Rep. RUDNICK proposed the following Amendment No. 20 (Doc Name L:\council\legis\amend\WWW\30144DW.93), which was tabled.

Amend the report of the Committee on Judiciary, as and if amended, page 3267- 5, line 30 by inserting after /term./ /Any photgraph, drawing or other depiction must be the actual size of the embryo or fetus./

Renumber sections to conform.

Amend totals and title to conform.


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Rep. COBB-HUNTER moved to table the amendment, which was agreed to.

Rep. RUDNICK proposed the following Amendment No. 21 (Doc Name L:\council\legis\amend\WWW\30145DW.93), which was adopted.

Amend the report of the Committee on Judiciary, as and if amended, page 3267- 5, line 30 by inserting after /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./

Amend title to conform.

Rep. COBB-HUNTER explained the amendment.

The amendment was then adopted by a division vote of 73 to 0.

Rep. HARRISON moved that the House do now adjourn.

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

Yeas 12; Nays 69

Those who voted in the affirmative are:

Askins           Bailey, J.       Brown, G.
Carnell          Harris, P.       Harrison
Kirsh            McAbee           Shissias
Smith, D.        Stille           Townsend

Total--12

Those who voted in the negative are:

Alexander, T.C.  Allison          Bailey, G.
Baker            Barber           Baxley
Cato             Chamblee         Clyborne
Cobb-Hunter      Cooper           Corning
Cromer           Davenport        Delleney
Fair             Gamble           Gonzales
Govan            Graham           Hallman
Harrell          Harris, J.       Harwell
Haskins          Huff             Hutson
Keegan           Kelley           Kinon
Klauber          Koon             Lanford

Printed Page 2809 . . . . . Thursday, February 24, 1994

Law              Littlejohn       Marchbanks
McCraw           McTeer           Meacham
Neilson          Phillips         Quinn
Rhoad            Richardson       Riser
Robinson         Rudnick          Sharpe
Sheheen          Simrill          Smith, R.
Snow             Spearman         Stone
Stuart           Sturkie          Thomas
Trotter          Tucker           Waites
Waldrop          Walker           Wells
White            Wilder, D.       Wilder, J.
Wilkins          Wright           Young, A.

Total--69

So, the House refused to adjourn.

Rep. CORNING proposed the following Amendment No. 22 (Doc Name L:\council\legis\amend\DKA\3171JM.94), which was tabled.

Amend the report, as and if amended, page 3267-3, by striking Section 44-41-330(D), as contained in SECTION 2, and inserting:

/(D) If the clinic or other place where the abortion is to be performed or induced mails the printed materials described in Section 44-41-340 to the woman upon whom the abortion is to be performed or induced or if the woman picks up the information at the local health department and if the woman verifies in writing, prior to the abortion, that the information described in item (A)(1) of this section and the printed materials were received by her more than twenty-four hours before the abortion is scheduled to be performed or induced and that she has been informed of her opportunity to review the information referred to in item (A)(2) of this section, then the waiting period required pursuant to subsection (C) of this section shall not apply. However, the clinic or other such place is nevertheless required to maintain, for three years, the woman's written verification that the information was so provided and the printed materials were so received. The total number of certifications received must be reported to the South Carolina Department of Health and Environmental Control on an annual basis./

Amend title to conform.

Rep. CORNING moved to table the amendment, which was agreed to by a division of 61 to 0.


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