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Printed Page 5710, May 10
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| Reps. HARRELSON and SNOW spoke in favor of the Bill.
Rep. HODGES moved to recommit the Bill.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Askins Beatty Breeland Brown, J. Byrd Cato Cobb-Hunter Cooper Govan Harwell Hines Hodges Holt Inabinett Kennedy Klauber Koon Littlejohn Marchbanks Martin McAbee Moody-Lawrence Neal Rhoad Robinson Scott Spearman Trotter Tucker Whipper White Wilder, J. Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, G. Baker Barber Baxley Boan Brown, H. Chamblee Clyborne Corning Cromer Davenport Delleney Fair Farr Fulmer Gamble Gonzales Hallman Harrell Harrelson Harris, J. Harrison Haskins Houck Huff Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kirsh Law McCraw McKay Meacham Neilson Quinn Richardson Riser Rogers Rudnick Sharpe Sheheen Shissias
Simrill Smith, D. Smith, R. Snow Stille Stoddard Stone Stuart Sturkie Townsend Vaughn Waites Waldrop Walker Wells Wilder, D. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
So, the House refused to recommit the Bill.
Rep. WILKES moved that the House do now adjourn.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Askins Baxley Farr Harrelson Harris, J. Harwell Houck Mattos McAbee McCraw Rhoad Rogers Rudnick Snow Waites Wilder, D. Wilder, J. Wilkes
Those who voted in the negative are:
Alexander, T.C. Allison Anderson Bailey, G. Baker Barber Beatty Breeland Brown, H. Brown, J. Byrd Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Cromer Davenport Delleney Fair Fulmer Gamble Gonzales Govan Hallman Harrell Harrison Haskins Hines
Hodges Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kirsh Klauber Law Littlejohn Marchbanks McMahand Meacham Moody-Lawrence Neal Neilson Quinn Richardson Riser Robinson Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stone Stuart Sturkie Townsend Trotter Tucker Vaughn Waldrop Walker Wells Whipper White Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
So, the House refused to adjourn.
The Bill was then read the third time and ordered sent to the Senate with amendments.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: S. 920 General Subject Matter: Agriculture Tax
The reason for abstaining on the above reference legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. JAMES J. BAILEY
The following Bill was taken up.
S. 88 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 44-41-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING ABORTIONS, SO AS TO CHANGE A REFERENCE IN THE DEFINITION OF HOSPITAL; TO AMEND SECTION 44-41-70, RELATING TO REGULATIONS FOR CERTIFICATION OF HOSPITALS AND OTHER FACILITIES, SO AS TO INCLUDE FACILITIES IN WHICH FIRST TRIMESTER ABORTIONS ARE PERFORMED; TO AMEND SECTION 44-93-100, RELATING TO EXCEPTIONS TO THE EXEMPTION OF SMALL QUANTITY GENERATORS FROM THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO REQUIRE THESE GENERATORS TO MANAGE FETAL REMAINS IN ACCORDANCE WITH THE REQUIREMENTS FOR PATHOLOGICAL WASTE.
Reps. CORNING and HASKINS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\15962AC.94), which was adopted.
Amend the bill, as and if amended, by deleting Section 44-41-75(A) and inserting:
/Section 44-41-75. (A) A facility in which any second trimester or five or more first trimester abortions are performed in a month must be licensed by the department to operate as an abortion clinic and must comply with the provisions of Article 3.
(B) The department shall promulgate regulations concerning sanitation, housekeeping, maintenance, staff qualifications, emergency equipment and procedures to provide emergency care, medical records and reports, laboratory, procedure and recovery rooms, physical plant, quality assurance, infection control, and information on and access to patient follow-up care necessary to carry out the purposes of this section./
Amend further by adding the following appropriately numbered sections to read:
/SECTION . Sections 44-41-10 through 44-41-80 of the 1976 Code are designated Article 1, Chapter 41, Title 44 entitled "Abortions Generally".
SECTION . 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 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
(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 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.
(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, before the abortion, that the printed materials were received by her more than twenty-four hours before the abortion is scheduled to be performed or induced, that the information described in item (A)(1) has been provided to her, and that she has been informed of her opportunity to review the information referred to in item (A)(2), then the waiting period required pursuant to subsection (C) does not apply. 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.
(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
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. 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. 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 second and any subsequent
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 . 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 . If any provision, word, phrase, or clause of Article 3, Chapter 41, Title 44 of the 1976 Code as added by 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 Article 3, Chapter 41, Title 44 which can be given effect without the invalid provision, word, phrase, clause, or application, and,
Renumber sections to conform.
Amend title to conform.
Rep. HASKINS explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. WELLS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Baker Barber Baxley Boan Brown, H. Cato Chamblee Clyborne Cooper Cromer Davenport Delleney Fair Fulmer Gamble Govan Hallman Harrell Harrelson Harris, J. Harrison Haskins Hodges Holt Huff Hutson Jaskwhich Jennings Keegan Kelley Kirsh Klauber Law Littlejohn Marchbanks Mattos McCraw McElveen McKay McMahand Meacham Moody-Lawrence Neilson Quinn Riser Robinson Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stone Stuart Townsend Trotter Tucker Walker Wells Wilder, D. Wilder, J. Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
Askins Brown, J. Cobb-Hunter Neal Rudnick Shissias White
So, the amendment was adopted.
Had I been in the Chamber, I would have voted yes, in favor of the amendment.
Rep. WILLIAM S. HOUCK, JR.
Rep. CORNING proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\16000AC.94), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 44-41-75. (A) A facility in which any second trimester or five or more first trimester abortions are performed in a month must be licensed by the department to operate as an abortion clinic.
(B) The department shall promulgate regulations concerning sanitation, housekeeping, maintenance, staff qualifications, emergency equipment and procedures to provide emergency care, medical records and reports, laboratory, procedure and recovery rooms, physical plant, quality assurance, infection control, and information on and access to patient follow-up care necessary to carry out the purposes of this section."
SECTION 2. Section 44-41-10(d) of the 1976 Code is amended to read:
"(d) `Hospital' means those institutions licensed for hospital operation by the department in accordance with the provisions of Section 44-7-310 Article 3, Chapter 7 of this title and which have also been certified by the department to be suitable facilities for the performance of abortions."
SECTION 3. Section 44-41-70 of the 1976 Code is amended to read:
"Section 44-41-70. (a) The department shall promulgate and enforce rules and regulations for the certification of hospitals as defined in Section 44-41-10(d) as suitable facilities for the performance of abortions.
(b) The department shall promulgate and enforce rules and regulations for the licensing and certification of facilities other than hospitals as
Printed Page 5710, May 10
| Printed Page 5730, May 10
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