Printed Page 2810, Feb/ 24
| Printed Page 2830, Feb. 24
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Printed Page 2810, Feb/ 24
| Printed Page 2830, Feb. 24
| Rep. COBB-HUNTER raised the Point of Order that Amendment No. 36 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Reps. RUDNICK and COBB-HUNTER proposed the following Amendment No. 37 (Doc Name L:\council\legis\amend\436\11511AC.93), which was tabled.
Amend the bill, as and if amended, by deleting 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 subject to a civil fine of not less than one thousand dollars and not more than five thousand dollars./
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER moved to table the amendment, which was agreed to.
Reps. RUDNICK and COBB-HUNTER proposed the following Amendment No. 38 (Doc Name L:\council\legis\amend\CYY\15673AC.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 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. A. YOUNG moved to table the amendment, which was agreed to.
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. WELLS moved to table the amendment, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 40 (Doc Name L:\council\legis\amend\CYY\15674AC.94), which was tabled.
Amend the bill, as and if amended, by deleting Section 44-41-350.
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. WELLS moved to table the amendment, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 41 (Doc Name L:\council\legis\amend\CYY\15675AC.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. WELLS moved to table the amendment, which was agreed to.
Rep. CANTY proposed the following Amendment No. 42 (Doc Name L:\council\legis\amend\DKA\3212AL.94), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered
SECTION to read:
Renumber sections to conform.
Amend title to conform.
Rep. WELLS raised the Point of Order that Amendment No. 42 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. HODGES proposed the following Amendment No. 43, which was tabled.
Amend 44-41-330(C) by adding at the end of sentence:
"This time period shall not be tolled by the administration of any medication to the woman."
Rep. HODGES moved to table the amendment, which was agreed to.
Rep. HODGES proposed the following Amendment No. 44, which was tabled.
Amend 44-41-330(C) to change two hours to "one" hour and to amend the remainder of the bill to conform.
Rep. HODGES moved to table the amendment, which was agreed to.
Rep. SPEARMAN proposed the following Amendment No. 45, which was adopted.
Amend 44-41-330(C) by striking the section and inserting:
(C) No abortion may be performed sooner than two hours after the woman receives the written materials and certifies this fact to the physician or his agent. This subsection (C) does not apply in the case of a medical emergency.
Rep. SPEARMAN explained the amendment.
The amendment was then adopted.
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'.
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 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
(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 professional to the person upon whom the abortion procedure is to be performed.
(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
(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).
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. 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 44-41-360. 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 or sua sponte, 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 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 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
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.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, G. Bailey, J. Baker Barber Baxley Boan Carnell Cato Chamblee Clyborne Cooper Corning Cromer Delleney Fair Farr Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hodges Houck Huff Hutson Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Klauber Koon Lanford Law Littlejohn Marchbanks Mattos McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Riser Robinson Scott Sharpe Sheheen Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Sturkie Thomas
Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Askins Beatty Brown, J. Cobb-Hunter Kirsh McAbee Richardson Rudnick White
So, the Bill, as amended, was read the second time and ordered to third reading.
Whipper (Present) Nay
G. Brown (Absent) Aye
Please record me as supporting HB 3267. I was involved in Legislative Council at the time of voting for passage of the Bill.
Rep. G. RALPH DAVENPORT, JR.
Mr. Speaker, Ladies and Gentlemen of the House:
I am thoroughly convinced, on the strength of your vote on these amendments, that you are fully committed to life. You have demonstrated an enormous compassion for the right to life. Life without regard for race, creed, color, class, circumstance, condition or situation. No prejudice against physical or mental disabilities. No prejudice against intellectual or culture distinctions. No prejudice, whatsoever! Let the babies be born, let the babies be born, let the babies be born!
But what I am not so sure about, is your commitment to the rights of life. You have said, "It is immoral to abort a fetus," but I have not heard you say, it is immoral for children to go hungry, or be homeless, or discriminated against, or relegated to unclass status. I have not heard you
One hand washes another, it appears to me. There seems to be some contradiction in our stance for the "right to life," without a corresponding stance for the "right to life with quality, with dignity, with a level field, with equal opportunity."
If we are for LIFE then we surely should be the champions for quality in life. We should be endeavoring to eliminate a system which perpetuates an underclass, which gives some the right to rule and others the task to serve, which gives some the privilege to excel and others the punishment of being expelled. We, the champions should be ensuring that every child is given a quality education without regard for the circumstances of his home or family (such a feat cannot be achieved in an environment where teachers do not respect the personhood of the minorities... where teachers have no sense of mission to equip African American students... the servants, to compete for positions of honor and meaningful employment with their children, grandchildren, and their neighbors children).
It seems to be such a big thing when another tragedy occurs in the African American community. It opens the flood gates for a new battery of legislation to fix the "problem." It justifies building new and bigger prisons. It vindicates our policies of exclusion and neglect. But champions seize moments of tragedy as moments to triumph... an opportunity to fix the ills that creates the trauma and tragedy. Violence and crime has a direct relation to the humiliation of poverty and want and underprivileged status, and the champions know that the way to save the State and heal society is to correct the injustices perpetrated against the segment of society which is affected and afflicted.
I am terribly confused by your rhetoric, by your campaign slogans, your "pro-family" themes, when in the same breath you speak out against AFDC, when you speak out for school choice and vouchers, when you speak out for the repeal of property taxes to fund public education, simply because of a tax revolt--a spin-off of Reaganomics, the coldest, most selfish era of Americanism we are perhaps yet to experience since the ungodly days of slavery.
It would appear to me, that "Pro-Choice" would be convenient for you. It would mean less babies, less Black babies, less undernourished babies, less poor babies, less disabled babies, which then would translate ultimately, in your view, into less hospital expense, less public school funding, less food stamps, less Head Start, less welfare (for the poor), less social programs, less prisons, etc.
Printed Page 2810, Feb/ 24
| Printed Page 2830, Feb. 24
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