H*3245(Rat #0345, Act #0268 of 2010)  General Bill, By 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

Similar(S 437)
 AN ACT TO AMEND SECTION 44-41-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO, AMONG OTHER THINGS, PREREQUISITES TO PERFORMING AN
 ABORTION, SO AS TO PROVIDE THAT NO ABORTION MAY BE PERFORMED SOONER THAN
 TWENTY-FOUR HOURS AFTER A WOMAN RECEIVES AND VERIFIES SHE HAS RECEIVED CERTAIN
 INFORMATION THAT MUST BE PROVIDED TO HER BY LAW; TO AMEND SECTION 44-41-340,
 RELATING TO THE PUBLICATION OF INFORMATION THAT MUST BE PROVIDED TO A WOMAN
 BEFORE UNDERGOING AN ABORTION, SO AS TO PROVIDE THAT THE INFORMATION MUST
 INCLUDE A LIST OF HEALTH CARE PROVIDERS, FACILITIES, AND CLINICS THAT PERFORM
 ULTRASOUNDS FREE OF CHARGE, 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, AND FORMS FOR NOTIFICATIONS,
 CERTIFICATIONS, AND VERIFICATIONS REQUIRED BY LAW; TO REQUIRE THE DEPARTMENT
 OF HEALTH AND ENVIRONMENTAL CONTROL TO POST THIS INFORMATION ON ITS INTERNET
 WEBSITE AND TO REQUIRE THE DEPARTMENT'S WEBSITE TO PROVIDE A LINK TO THE
 INTERNET WEBSITES MAINTAINED BY HEALTH CARE PROVIDERS, FACILITIES, AND CLINICS
 THAT PERFORM ULTRASOUNDS FREE OF CHARGE AND THAT HAVE REQUESTED TO BE LISTED
 BY THE DEPARTMENT; AND TO AMEND SECTION 44-41-380, RELATING TO SEVERABILITY
 PROVISIONS CONCERNING THE "WOMEN'S RIGHT TO KNOW ACT", SO AS TO MAKE A
 TECHNICAL CORRECTION. - ratified title

   01/13/09  House  Introduced and read first time HJ-100
   01/13/09  House  Referred to Committee on Judiciary HJ-101
   01/27/09  House  Member(s) request name added as sponsor: Parker,
                     Allison, Pinson, Hamilton, Erickson, J.R.Smith,
                     Clemmons, Bedingfield
   01/28/09  House  Member(s) request name added as sponsor:
                     E.H.Pitts, Owens, Rice, Hiott, Littlejohn
   01/29/09  House  Member(s) request name added as sponsor: Stewart
   02/03/09  House  Member(s) request name added as sponsor: Viers
   02/04/09  House  Member(s) request name added as sponsor: Willis
   02/04/09  House  Committee report: Favorable Judiciary HJ-6
   02/05/09  House  Member(s) request name added as sponsor: Loftis,
                     Toole, Wylie
   02/10/09  House  Member(s) request name added as sponsor: Vick,
                     Millwood, Haley, Duncan
   02/10/09  House  Requests for debate-Rep(s). Harrison, GR Smith,
                     Gunn, Hart HJ-32
   02/10/09  House  Objection by Rep. Cobb-Hunter HJ-32
   02/10/09  House  Requests for debate-Rep(s). JE Smith, Cato,
                     Sellers, Weeks, Hosey, Loftis, Allison, Kelly,
                     Owens, Wylie, Erickson, Herbkersman, Moss,
                     Nanney, Hamilton, JR Smith, and DC Smith HJ-32
   02/11/09  House  Member(s) request name added as sponsor:
                     Ballentine, Frye, Barfield
   02/24/09  House  Read second time HJ-34
   02/24/09  House  Roll call Yeas-83  Nays-28 HJ-48
   02/26/09  House  Read third time and sent to Senate HJ-16
   02/26/09  House  Roll call Yeas-87  Nays-24 HJ-16
   03/03/09  Senate Introduced and read first time SJ-13
   03/03/09  Senate Referred to Committee on Medical Affairs SJ-13
   04/14/09  Senate Committee report: Majority favorable, minority
                     unfavorable Medical Affairs SJ-33
   05/19/09  Senate Motion For Special Order Failed
   03/24/10  Senate  Minority Report Removed SJ-36
   03/24/10  Senate Amended SJ-36
   03/24/10  Senate Read second time SJ-36
   03/24/10  Senate Unanimous consent for third reading on next
                     legislative day SJ-36
   03/25/10         Scrivener's error corrected
   03/25/10  Senate Read third time and returned to House with
                     amendments SJ-34
   03/26/10         Scrivener's error corrected
   04/20/10  House  Non-concurrence in Senate amendment HJ-86
   04/20/10  House  Roll call Yeas-16  Nays-71 HJ-86
   04/21/10  Senate Senate insists upon amendment and conference
                     committee appointed Hutto, Knotts, and Bryant SJ-19
   04/22/10  House  Conference committee appointed Reps. Delleney,
                     Nanney, and Vick HJ-1
   06/16/10  House  Conference report received and adopted HJ-350
   06/16/10  House  Roll call Yeas-79  Nays-25 HJ-350
   06/16/10  Senate Conference report received and adopted SJ-179
   06/16/10  House  Ordered enrolled for ratification HJ-370
   06/21/10         Ratified R 345
   06/24/10         Signed By Governor
   07/02/10         Effective date 06/24/10
   07/08/10         Act No. 268

(A268, R345, H3245)

AN ACT TO AMEND SECTION 44-41-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, PREREQUISITES TO PERFORMING AN ABORTION, SO AS TO PROVIDE THAT NO ABORTION MAY BE PERFORMED SOONER THAN TWENTY-FOUR HOURS AFTER A WOMAN RECEIVES AND VERIFIES SHE HAS RECEIVED CERTAIN INFORMATION THAT MUST BE PROVIDED TO HER BY LAW; TO AMEND SECTION 44-41-340, RELATING TO THE PUBLICATION OF INFORMATION THAT MUST BE PROVIDED TO A WOMAN BEFORE UNDERGOING AN ABORTION, SO AS TO PROVIDE THAT THE INFORMATION MUST INCLUDE A LIST OF HEALTH CARE PROVIDERS, FACILITIES, AND CLINICS THAT PERFORM ULTRASOUNDS FREE OF CHARGE, 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, AND FORMS FOR NOTIFICATIONS, CERTIFICATIONS, AND VERIFICATIONS REQUIRED BY LAW; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO POST THIS INFORMATION ON ITS INTERNET WEBSITE AND TO REQUIRE THE DEPARTMENT'S WEBSITE TO PROVIDE A LINK TO THE INTERNET WEBSITES MAINTAINED BY HEALTH CARE PROVIDERS, FACILITIES, AND CLINICS THAT PERFORM ULTRASOUNDS FREE OF CHARGE AND THAT HAVE REQUESTED TO BE LISTED BY THE DEPARTMENT; AND TO AMEND SECTION 44-41-380, RELATING TO SEVERABILITY PROVISIONS CONCERNING THE "WOMEN'S RIGHT TO KNOW ACT", SO AS TO MAKE A TECHNICAL CORRECTION.

Be it enacted by the General Assembly of the State of South Carolina:

Abortion waiting period

SECTION    1.    Section 44-41-330(C) and (D) of the 1976 Code is amended to read:

"(C)    No abortion may be performed sooner than 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 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."

Information to be provided

SECTION    2.    Section 44-41-340(A) of the 1976 Code is amended by adding appropriately numbered new subitems to read:

"( )    a list of health care 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 health care 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."

Information to be on department's website

SECTION    3.    Section 44-41-340 of the 1976 Code is amended by adding:

"(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 also must provide a link to the Internet website maintained by health care 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."

Severability provisions

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, 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."

Severability clause

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.

Time effective

SECTION    6.    This act takes effect upon approval of the Governor.

Ratified the 21st day of June, 2010.

Approved the 24th day of June, 2010.