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

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| Printed Page 5720, May 10 | Printed Page 5740, May 10 |

Printed Page 5730 . . . . . Tuesday, May 10, 1994

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. Section 44-7-130 of the 1976 Code is amended by adding at the end:

"(22) `Facilities wherein abortions are performed' means a facility, other than a hospital, in which any second trimester or five or more first trimester abortions are performed in a month."

SECTION 6. Section 44-7-260(A) of the 1976 Code is amended by adding at the end:

"(13) facilities wherein abortions are performed."

SECTION 7. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. CORNING moved to table the amendment.

Rep. RUDNICK requested that the Bill be read.

The Reading Clerk read the Bill.

Rep. CORNING moved to table the amendment.

The amendment was then tabled by a division vote of 67 to 2.


Printed Page 5731 . . . . . Tuesday, May 10, 1994

Rep. RUDNICK proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\CYY\16015AC.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. HODGES spoke against the amendment.

Rep. WELLS moved to table the amendment, which was agreed to by a division vote of 49 to 6.

Rep. RUDNICK proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\CYY\16009AC.94), which was tabled.

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

/( ) Subsection (C) does not apply to a woman if in the opinion of a physician waiting two hours before obtaining the abortion would cause the woman severe emotional distress and this is documented in her medical record./

Reletter subsections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. CROMER spoke against the amendment.

Rep. FAIR moved to table the amendment.

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

Yeas 58; Nays 17

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Baker            Barber           Boan
Brown, H.        Cato             Chamblee
Clyborne         Cooper           Cromer
Davenport        Fair             Gamble
Harris, J.       Harrison         Harwell
Haskins          Hodges           Holt
Huff             Hutson           Keegan
Kelley           Kirsh            Klauber
Koon             Marchbanks       Mattos

Printed Page 5732 . . . . . Tuesday, May 10, 1994

McCraw           Meacham          Neilson
Quinn            Rhoad            Riser
Robinson         Sharpe           Sheheen
Simrill          Smith, R.        Spearman
Stone            Stuart           Sturkie
Trotter          Tucker           Vaughn
Walker           Wells            Wilder, D.
Wilder, J.       Wilkes           Witherspoon
Wofford          Worley           Wright
Young, A.

Total--58

Those who voted in the negative are:

Askins           Bailey, G.       Baxley
Breeland         Brown, J.        Byrd
Cobb-Hunter      Govan            Hines
Inabinett        Keyserling       McElveen
Moody-Lawrence   Richardson       Rudnick
Shissias         Whipper

Total--17

So, the amendment was tabled.

LEAVE OF ABSENCE

The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.

Rep. RUDNICK proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\CYY\16011AC.94), which was tabled.

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

/(C) No abortion may be performed sooner than one hour after the physician determines the certification required by subsection (A)(3) has been signed. This subsection does not apply in the case of a medical emergency./

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. HODGES spoke against the amendment.


Printed Page 5733 . . . . . Tuesday, May 10, 1994

Rep. WELLS moved to table the amendment.

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

Yeas 66; Nays 12

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Baker            Barber           Boan
Brown, H.        Cato             Chamblee
Clyborne         Cooper           Cromer
Davenport        Delleney         Fulmer
Gamble           Govan            Hallman
Harrell          Harrelson        Harris, J.
Harrison         Harwell          Haskins
Hodges           Houck            Hutson
Jennings         Keegan           Kelley
Kennedy          Kirsh            Klauber
Koon             Law              Littlejohn
Marchbanks       Mattos           McCraw
Meacham          Riser            Robinson
Sharpe           Sheheen          Shissias
Simrill          Smith, R.        Snow
Spearman         Stille           Stone
Stuart           Trotter          Tucker
Walker           Wells            Wilder, D.
Wilder, J.       Wilkes           Williams
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, R.

Total--66

Those who voted in the negative are:

Askins           Baxley           Breeland
Brown, J.        Byrd             Cobb-Hunter
Hines            Keyserling       Moody-Lawrence
Neilson          Richardson       Rudnick

Total--12

So, the amendment was tabled.


Printed Page 5734 . . . . . Tuesday, May 10, 1994

Rep. RUDNICK proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\CYY\16018AC.94), which was tabled.

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

/(C) No abortion may be performed sooner than thirty minutes after the physician determines the certification required by subsection (A)(3) has been signed. This subsection does not apply in a medical emergency./

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. HASKINS moved to table the amendment.

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

Yeas 59; Nays 7

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Baker            Barber           Brown, H.
Brown, J.        Cato             Clyborne
Cooper           Cromer           Davenport
Delleney         Gamble           Govan
Hallman          Harrell          Harris, J.
Harrison         Harwell          Haskins
Hodges           Houck            Hutson
Jaskwhich        Keegan           Kelley
Kennedy          Kirsh            Klauber
Littlejohn       Marchbanks       Martin
Mattos           McCraw           McKay
Meacham          Riser            Robinson
Sharpe           Sheheen          Simrill
Smith, D.        Smith, R.        Snow
Spearman         Stille           Stone
Stuart           Sturkie          Trotter
Tucker           Walker           Wells
Wilder, D.       Witherspoon      Worley
Young, A.        Young, R.

Total--59

Printed Page 5735 . . . . . Tuesday, May 10, 1994

Those who voted in the negative are:
Baxley           Byrd             Keyserling
Moody-Lawrence   Rudnick          Shissias
Stoddard

Total--7

So, the amendment was tabled.

Rep. RUDNICK proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\CYY\16019AC.94), which was tabled.

Amend the bill, as and if amended, by deleting Section 44-41-320(1) and inserting:

/(1) `Medical emergency' means a 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 the mother's death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily or mental functions./

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. WILKES spoke against the amendment.

Rep. WILKES moved to table the amendment.

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

The amendment was then tabled by a division vote of 44 to 19.

Rep. RUDNICK moved that the House do now adjourn.

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

Yeas 25; Nays 67

Those who voted in the affirmative are:

Alexander, T.C.  Baxley           Harrelson
Harris, J.       Harwell          Holt
Houck            Jennings         Keyserling
McAbee           McCraw           Rogers
Rudnick          Sheheen          Snow
Spearman         Stille           Stoddard
Townsend         Tucker           Waites

Printed Page 5736 . . . . . Tuesday, May 10, 1994

Wilder, D.       Wilder, J.       Wilkes
Worley

Total--25

Those who voted in the negative are:

Alexander, M.O.  Allison          Anderson
Baker            Barber           Beatty
Boan             Breeland         Brown, H.
Brown, J.        Byrd             Cato
Chamblee         Clyborne         Cooper
Corning          Davenport        Delleney
Fulmer           Gamble           Govan
Hallman          Harrell          Harrison
Haskins          Hines            Huff
Hutson           Inabinett        Jaskwhich
Keegan           Kelley           Kirsh
Klauber          Law              Littlejohn
Marchbanks       Mattos           McMahand
Meacham          Moody-Lawrence   Neal
Neilson          Quinn            Richardson
Riser            Robinson         Sharpe
Shissias         Simrill          Smith, D.
Smith, R.        Stone            Stuart
Sturkie          Trotter          Vaughn
Walker           Wells            Whipper
White            Wilkins          Williams
Witherspoon      Wofford          Wright
Young, A.

Total--67

So, the House refused to adjourn.

Rep. RUDNICK proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\CYY\16016AC.94), which was tabled.

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

/(2) materials designed to inform the woman of the probable anatomical and physiological characteristics of the embryo or fetus at two-week gestational increments from the time when a woman can be known to be


Printed Page 5737 . . . . . Tuesday, May 10, 1994

pregnant through the second trimester of pregnancy. The materials must be objective, nonjudgmental, and designed to convey only accurate scientific information about the embryo or fetus at the various gestational ages;/

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. WELLS moved to table the amendment.

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

The amendment was then tabled by a division vote of 57 to 19.

Rep. RUDNICK proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\CYY\16012AC.94), which was tabled.

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

/( ) Subsection (C) does not apply if the woman seeking an abortion is a minor and her parents have consented to the abortion./

Renumber subsections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. RUDNICK continued speaking.

Rep. WALKER moved to table the amendment.

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

Yeas 61; Nays 29

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Baker            Barber
Boan             Brown, H.        Cato
Chamblee         Clyborne         Cooper
Cromer           Davenport        Delleney
Fulmer           Hallman          Harrell
Harrelson        Harrison         Harwell
Haskins          Hodges           Houck
Huff             Hutson           Jaskwhich

Printed Page 5738 . . . . . Tuesday, May 10, 1994

Keegan           Kelley           Kirsh
Law              Littlejohn       Marchbanks
Martin           Mattos           McMahand
Meacham          Quinn            Riser
Robinson         Sheheen          Simrill
Smith, D.        Smith, R.        Snow
Stille           Stone            Stuart
Sturkie          Townsend         Trotter
Tucker           Vaughn           Walker
Wells            Wilkins          Witherspoon
Wofford          Worley           Wright
Young, A.

Total--61

Those who voted in the negative are:

Askins           Bailey, G.       Bailey, J.
Baxley           Breeland         Byrd
Cobb-Hunter      Gamble           Govan
Harris, J.       Hines            Holt
Inabinett        Kennedy          Keyserling
McCraw           Moody-Lawrence   Neal
Neilson          Richardson       Rudnick
Scott            Shissias         Spearman
Stoddard         Whipper          Wilder, D.
Wilder, J.       Williams

Total--29

So, the amendment was tabled.

Rep. RUDNICK proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\CYY\16013AC.94), which was tabled.

Amend the bill, as and if amended, Section 44-41-330(D) by deleting /However, the clinic or other 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./ and inserting /However, the clinic or other place is nevertheless required to maintain, for one year, the woman's written verification that the information was so provided and the printed materials were so received./

Amend title to conform.


Printed Page 5739 . . . . . Tuesday, May 10, 1994

Rep. RUDNICK explained the amendment.

Rep. HODGES spoke against the amendment.

SPEAKER IN CHAIR

Rep. DAVENPORT moved to table the amendment.

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

Yeas 74; Nays 11

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Bailey, G.       Bailey, J.
Baker            Barber           Baxley
Boan             Brown, H.        Cato
Chamblee         Clyborne         Cooper
Cromer           Davenport        Delleney
Fair             Fulmer           Gamble
Gonzales         Hallman          Harrell
Harrelson        Harris, J.       Harrison
Harwell          Haskins          Hodges
Houck            Huff             Hutson
Jaskwhich        Keegan           Kelley
Kirsh            Klauber          Law
Littlejohn       Marchbanks       Mattos
McCraw           McKay            McMahand
Meacham          Neilson          Quinn
Riser            Sheheen          Simrill
Smith, D.        Smith, R.        Snow
Spearman         Stille           Stoddard
Stone            Stuart           Sturkie
Townsend         Trotter          Tucker
Vaughn           Walker           Wells
Wilder, D.       Wilder, J.       Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.

Total--74


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