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 1290, Jan. 27 | Printed Page 1310, Jan. 27 |

Printed Page 1300 . . . . . Thursday, January 27, 1994

(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) A fee, in an amount as provided in this subsection, must be remitted to the Department of Health and Environmental Control by the physician or the clinic for every abortion performed or induced pursuant to this article. The physician or the clinic shall remit these fees quarterly and shall maintain financial records concerning the fees as prescribed by the department by regulation. The department shall use such fees remitted to it to pay for all of the costs, of whatever nature, incurred by the department in preparing, printing, and distributing the printed materials


Printed Page 1301 . . . . . Thursday, January 27, 1994

mandated by Section 44-41-340. The fee during the first year this article is effective shall be ten dollars. Annually thereafter, effective each succeeding July first, the amount of the fee for the ensuing twelve-month period must be adjusted by the department, if necessary, either upward or downward, to reflect the department's total actual cost experience during the twelve-month period just ended with respect to the printed materials under Section 44-41-340. To that end, such total actual costs of the department must be divided by the number of abortions performed or induced pursuant to this article during the preceding twelve-month period, and the fee must thereby be determined for the ensuing year to reflect the amount considered necessary to pay for the departmental costs concerning the printed materials for the ensuing year. Any excess, unneeded fees in the possession of the department at the end of any twelve-month period shall remain with the department and shall be used to reduce, to the extent which may be feasible, the fee to be charged in the ensuing twelve-month period.

(H) 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;


Printed Page 1302 . . . . . Thursday, January 27, 1994

(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 at no cost 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 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, 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 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


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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 spoke against the amendment.

Rep. HODGES explained the amendment.

Rep. CORNING spoke against the amendment.

Rep. CARNELL moved that the House do now adjourn.

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

Yeas 51; Nays 51

Those who voted in the affirmative are:

Alexander, T.C.  Anderson         Askins
Bailey, J.       Barber           Boan
Breeland         Brown, G.        Brown, J.
Byrd             Canty            Carnell
Elliott          Farr             Felder
Gamble           Govan            Harrelson
Harris, J.       Harris, P.       Hines
Hodges           Holt             Houck

Printed Page 1304 . . . . . Thursday, January 27, 1994

Inabinett        Jennings         Keyserling
Kinon            Kirsh            McAbee
McCraw           McKay            Moody-Lawrence
Neal             Phillips         Richardson
Rogers           Rudnick          Scott
Sheheen          Shissias         Spearman
Stille           Stuart           Tucker
Waites           Waldrop          Whipper
Wilkes           Wilkins          Williams

Total--51

Those who voted in the negative are:

Alexander, M.O.  Allison          Baker
Brown, H.        Cato             Chamblee
Cooper           Corning          Cromer
Davenport        Delleney         Fair
Gonzales         Graham           Hallman
Harrell          Harrison         Harwell
Haskins          Huff             Jaskwhich
Keegan           Kelley           Klauber
Koon             Lanford          Law
Littlejohn       Marchbanks       Meacham
Quinn            Riser            Robinson
Sharpe           Simrill          Smith, D.
Smith, R.        Snow             Stoddard
Sturkie          Thomas           Trotter
Vaughn           Walker           Wells
Wilder, D.       Wilder, J.       Witherspoon
Wofford          Wright           Young, A.

Total--51

So, the motion to adjourn was rejected.

Rep. CORNING moved to table the amendment.


Printed Page 1305 . . . . . Thursday, January 27, 1994

Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Yeas 55; Nays 53

Those who voted in the affirmative are:

Alexander, T.C.  Allison          Baker
Brown, G.        Brown, H.        Carnell
Cato             Chamblee         Cooper
Corning          Cromer           Davenport
Delleney         Fair             Felder
Fulmer           Gonzales         Graham
Hallman          Harrell          Harrison
Harwell          Haskins          Huff
Hutson           Jaskwhich        Keegan
Kelley           Klauber          Koon
Lanford          Law              Littlejohn
Marchbanks       Meacham          Quinn
Riser            Robinson         Sharpe
Simrill          Smith, D.        Smith, R.
Sturkie          Trotter          Vaughn
Walker           Wells            Wilder, J.
Wilkins          Williams         Witherspoon
Wofford          Worley           Wright
Young, A.

Total--55

Those who voted in the negative are:

Alexander, M.O.  Anderson         Askins
Bailey, J.       Barber           Baxley
Boan             Breeland         Brown, J.
Byrd             Canty            Farr
Gamble           Govan            Harrelson
Harris, J.       Harris, P.       Hines
Hodges           Holt             Houck
Inabinett        Jennings         Keyserling
Kinon            Kirsh            Martin
McAbee           McCraw           McKay
McLeod           Moody-Lawrence   Neal
Neilson          Phillips         Richardson
Rogers           Rudnick          Scott

Printed Page 1306 . . . . . Thursday, January 27, 1994

Sheheen          Shissias         Snow
Spearman         Stille           Stuart
Thomas           Tucker           Waites
Waldrop          Whipper          White
Wilder, D.       Wilkes

Total--53

So, the amendment was tabled.

Rep. CORNING proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\10871JM.94).

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:

"Article 3
Woman's Right to Know

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


Printed Page 1307 . . . . . Thursday, January 27, 1994

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 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


Printed Page 1308 . . . . . Thursday, January 27, 1994

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).

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;


Printed Page 1309 . . . . . Thursday, January 27, 1994

(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 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, 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 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


Printed Page 1310 . . . . . Thursday, January 27, 1994

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."


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