Printed Page 2800, Feb. 24
| Printed Page 2820, Feb. 24
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Printed Page 2800, Feb. 24
| Printed Page 2820, Feb. 24
| Amend the report, as and if amended, page 3267-5, by striking Section 44-41-330(H), as contained in SECTION 2, and inserting:
/(H) Abortion clinics or other places where abortions are performed shall obtain the materials described in Section 44-41-340 from the South Carolina Department of Health and Environmental Control. This section is suspended if a clinic or other place where abortions are performed or induced does not have, through no fault of the clinic or place and if the clinic or place can demonstrate through written evidence the unavailability of the materials, the materials described in Section 44-41-340 required to be available to a woman pursuant to subsection (A)(2) or mailed pursuant to subsection (D)./
Amend title to conform.
Rep. CORNING moved to table the amendment, which was agreed to.
Rep. CORNING proposed the following Amendment No. 24 (Doc Name L:\council\legis\amend\DKA\3170JM.94), which was tabled.
Amend the report, as and if amended, page 3267-3, by striking Section 44-41-330(C), as contained in SECTION 2, and inserting:
/(C) No abortion may be performed sooner than four hours after the physician determines the certification required by item (3) of subsection (A) has been signed. This subsection (C) does not apply in the case of a medical emergency./
Amend title to conform.
Rep. CORNING moved to table the amendment, which was agreed to.
Reps. RUDNICK and COBB-HUNTER proposed the following Amendment No. 25 (Doc Name L:\council\legis\amend\CYY\15594AC.94), which was rejected.
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. MEACHAM moved to table the amendment, which was not agreed to.
Rep. CORNING spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Askins Bailey, J. Baxley Breeland Carnell Cobb-Hunter Keyserling Kirsh McAbee McTeer Moody-Lawrence Rudnick Shissias Thomas Tucker White
Those who voted in the negative are:
Alexander, M.O. Allison Baker Brown, G. Cato Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Fair Farr Gamble Gonzales Graham Harris, J. Harris, P. Harrison Harwell Haskins Houck Huff Hutson Jaskwhich Keegan Kinon Klauber Koon Lanford Law Littlejohn Marchbanks Mattos McCraw McKay Meacham Neilson Phillips Riser Robinson Sharpe Sheheen Simrill Smith, R. Snow Spearman Stille Stone Stuart Sturkie Trotter Vaughn Waites Waldrop Walker Wells Wilder, D. Wilder, J.
Wilkins Wofford Worley Wright Young, A.
So, the amendment was rejected.
Rep. RUDNICK proposed the following Amendment No. 26 (Doc Name L:\council\legis\amend\CYY\15596AC.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. A. YOUNG moved to table the amendment, which was agreed to by a division vote of 55 to 13.
Reps. RUDNICK and COBB-HUNTER proposed the following Amendment No. 27 (Doc Name L:\council\legis\amend\CYY\15617AC.94), which was ruled out of order.
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 the waiting period required by subsection (C) would cause the woman severe emotional distress and this is documented in her medical record./
Renumber subsections to conform.
Amend title to conform.
Rep. CORNING raised the Point of Order that Amendment No. 27 was out of order as it was not germane in that it was the same as Amendment No. 25 which was previously rejected by the House.
Rep. RUDNICK argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Amend the bill, as and if amended, Section 44-41-330(D) by deleting /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./ and inserting /However, the clinic or other such 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.
Rep. RUDNICK explained the amendment.
Rep. CORNING moved to table the amendment, which was agreed to.
Rep. CORNING proposed the following Amendment No. 29 (Doc Name L:\council\legis\amend\436\11454AC.93), which was tabled.
Amend the bill, as and if amended, Section 44-41-330(C) by deleting on page 3267-3, line 14, /two/ and inserting /four/.
Amend title to conform.
Rep. CORNING moved to table the amendment, which was agreed to.
Rep. FAIR proposed the following Amendment No. 30 (Doc Name L:\council\legis\amend\CYY\15633AC.94), which was tabled.
Amend the bill, as and if amended, Section 44-41-340(A) by adding an appropriately numbered item to read:
/( ) the materials must include information regarding research linking abortion to breast cancer."/
Renumber items to conform.
Amend title to conform.
Rep. FAIR moved to table the amendment, which was agreed to.
Rep. CORNING proposed the following Amendment No. 31 (Doc Name L:\council\legis\amend\BBM\10876JM.94), which was tabled.
Amend the bill, as and if amended, page 3267-6, by striking Section 44-41-350 and inserting:
/Section 44-41-350. A person who performs an abortion when he knows or should know that the provisions of this article have not been complied with before the abortion is guilty of a misdemeanor and, upon
Amend title to conform.
Rep. CORNING moved to table the amendment, which was agreed to.
Rep. CORNING proposed the following Amendment No. 32 (Doc Name L:\council\legis\amend\BBM\10875JM.94), which was tabled.
Amend the bill, as and if amended, page 3267-6, by striking Section 44-41-350 and inserting:
/Section 44-41-350. A person who performs an abortion when he knows or should know that the provisions of this article have not been complied with before the abortion is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one thousand dollars and not more than five thousand dollars. If a person has been previously convicted under this section, he shall, upon a second and any subsequent conviction under this section, be punished by imprisonment of not less than one year and not more than five years, as well as by the fine provided for in this section./
Amend title to conform.
Rep. CORNING moved to table the amendment, which was agreed to.
Rep. CORNING proposed the following Amendment No. 33 (Doc Name L:\council\legis\amend\BBM\10871JM.94), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Sections 44-41-10 through 44-41-80 of the 1976 Code are designated Article 1, Chapter 41, Title 44 entitled "Abortions Generally".
SECTION 2. 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'.
(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 medical history given by the woman, 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, by the referring physician, 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 his 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, his agent, or, should the abortion be performed in a clinic, its agent must orally inform the woman that materials have been provided by this State which describe the embryo or fetus, 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 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 or his agent must determine that the written certification prescribed by item (3) of this subsection or the certification required by subsection (D) has been signed.
(B) Nothing herein limits the information provided by the referring physician, the physician who is to perform the abortion, or allied health
(C) No abortion may be performed sooner than two hours after the physician determines the certification required by item (3) of subsection (A) has been signed. This subsection (C) does not apply in the case of a medical emergency.
(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.
(E) Subsections (C) and (D) shall not apply if the abortion is performed pursuant to a court order or if the woman is mentally retarded, this is documented in her medical record, and her parents or legal guardian or legal representatives consent in writing to the abortion. The clinic or other such place is nevertheless required to maintain, for three years, a copy of such court order or such medical records and written consent.
(F) In the event the person upon whom the abortion is to be performed or induced is a minor and her parents consent to the abortion, the information described in Section 44-41-330(A)(1) must be furnished to the parents of such minor and the information referred to in Section 44-41-330(A)(2) must be furnished to the parents and the parents must make the certification required by Section 44-41-330(A)(3).
(G) This section is suspended if a clinic or other place where abortions are performed or induced does not have, through no fault of the clinic or place and if the clinic or place can demonstrate through written evidence the unavailability of the materials, the materials described in Section 44-41-340 required to be available to a woman pursuant to subsection (A)(2) or mailed pursuant to subsection (D).
(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. 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-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 person who performs an abortion when he knows or should know that the provisions of this article have not been complied with before the abortion is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one thousand dollars and not more than five thousand dollars. If a person has been previously convicted under this section, he shall, upon a third and any subsequent conviction under this section, be punished by imprisonment of not less than one year and not more than five years, as well as by the fine provided for in this section, no part of which may be suspended.
Section 44-41-360. In every proceeding or action brought under this article, the court shall rule whether the anonymity of any woman upon
Section 44-41-370. If otherwise allowed by law, any information requested of the South Carolina Department of Highways and Public Transportation relating to the ownership of a motor vehicle licensed and registered in this State, based on the presentation by the requesting party of the motor vehicle license tag number, may be provided by the department only after forty-eight hours following the request, unless the requesting party is able to demonstrate to the satisfaction of the department that the requested information is needed for emergency purposes."
SECTION 3. 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 4. 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 5. This act takes effect June 30, 1994, or ninety days after the signature of the Governor, whichever occurs later, except that Section 3 of this act takes effect upon approval by the Governor./
Amend title to conform.
Rep. CORNING moved to table the amendment, which was agreed to.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. The death penalty is abolished. Upon conviction for murder, a person must be sentenced to life imprisonment./
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER raised the Point of Order that Amendment No. 34 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. CANTY proposed the following Amendment No. 35 (Doc Name L:\council\legis\amend\DKA\3206AL.94), which was ruled out of order.
Amend the bill, as and if amended, Section 44-41-330(A)(2), page 2, by inserting at the end on line 42: /The woman also must be informed that a child born in this State may be executed by the State for certain criminal conduct when he reaches the age of majority or sooner, if permitted by law./
Amend title to conform.
Rep. COBB-HUNTER raised the Point of Order that Amendment No. 35 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. CANTY proposed the following Amendment No. 36 (Doc Name L:\council\legis\amend\DKA\3208AL.94), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. The General Assembly in the annual provisions of the appropriations for the State shall increase appropriations to the Department of Health to increase funding for programs dealing with maternal and infant health and to the Department of Social Services to increase funding for programs designed to assist women, infants, children, and families./
Renumber sections to conform.
Amend totals and title to conform.
Printed Page 2800, Feb. 24
| Printed Page 2820, Feb. 24
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