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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
CONFERENCE COMMITTEE REPORT ADOPTED -- NOT PRINTED
June 16, 2010
H. 3245
Introduced by Reps. Delleney, Nanney, Simrill, G.R. Smith, G.M. Smith, Lucas, Cooper, Stringer, Parker, Allison, Pinson, Hamilton, Erickson, J.R. Smith, Clemmons, Bedingfield, E.H. Pitts, Owens, Rice, Hiott, Littlejohn, Stewart, Viers, Willis, Loftis, Toole, Wylie, Vick, Millwood, Haley, Duncan, Ballentine, Frye and Barfield
S. Printed 3/24/09--S.
Read the first time March 3, 2009.
TO AMEND SECTION 44-41-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, AMONG OTHER THINGS, TO PREREQUISITES TO PERFORMING AN ABORTION, SO AS TO PROVIDE THAT IF AN ULTRASOUND IS PERFORMED, AN ABORTION MUST NOT BE PERFORMED SOONER THAN TWENTY-FOUR HOURS, RATHER THAN SIXTY MINUTES, FOLLOWING THE COMPLETION OF THE ULTRASOUND, TO REQUIRE THE WOMAN TO BE INFORMED OF THE PROCEDURE TO BE INVOLVED AND THE PROBABLE GESTATIONAL AGE OF THE EMBRYO OR FETUS, AND TO PROVIDE THAT AN ABORTION MAY NOT BE PERFORMED SOONER THAN TWENTY-FOUR HOURS, RATHER THAN ONE HOUR, AFTER THE WOMAN RECEIVES CERTAIN WRITTEN MATERIALS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-41-330(C) and (D) of the 1976 Code are amended to read:
"(C) No abortion may be performed sooner than one hour twenty-four hours after the woman receives the written materials and certifies this fact to the physician or the physician's agent.
(D) If the clinic or other facility 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 obtains the information at the county health department and if the woman verifies in writing, before the abortion, that the printed materials were received by her more than one hour 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."
SECTION 2. Amend Section 44-41-340(A) to include appropriately numbered new subitems to read:
"( ) a list of healthcare providers, facilities, and clinics that offer to perform ultrasounds free of charge. The list must be arranged geographically and shall include the name, address, hours of operation, and telephone number of each entity listed. A healthcare provider, facility, or clinic that would like to be included on this list may contact the department and provide the required information. The department must update this list annually before September first;
( ) a plainly worded explanation of how a woman may calculate the gestational age of her embryo or fetus;
( ) a scientifically accurate statement concerning the contribution that each parent makes to the genetic constitution of their biological child;
( ) forms for notifications, certifications, and verifications required by Section 44-41-330."
SECTION 3. Amend Section 44-41-340 by adding an appropriately numbered new subsection to read:
"(D)(1) The materials required under this section must be available on the department's Internet website in a format suitable for downloading. The website must be capable of permitting the user to print a time and date stamped certification identifying when the materials are downloaded.
(2) The department's Internet website must also provide a link to the Internet website maintained by healthcare providers, facilities, and clinics that offer to perform ultrasounds free of charge that have requested to be placed on the list maintained by the department."
SECTION 4. Section 44-41-380 of the 1976 Code is amended to read:
"Section 44-41-380. If any provision, word, phrase, or clause of Article 3, Chapter 41, Title 44 of the 1976 Code as added by this act [1995 Act No. 1], 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, to this end, the provisions, words, phrases, and clauses of Article 3, Chapter 41, Title 44 are declared to be severable."
SECTION 5. The provisions of this act are severable. If any section, subsection, paragraph, item, subitem, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of the act, the General Assembly hereby declaring that it would have passed each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. This act takes effect upon approval of the Governor.
/s/Sen. C. Bradley Hutto /s/Rep. F.G. Delleney, Jr.
/s/Sen. John M. Knotts, Jr. /s/Rep. Wendy K. Nanney
/s/Sen. Kevin L. Bryant /s/Rep. Ted M. Vick
On Part of the Senate. On Part of the House.
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