NO. 78
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:05 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Deuteronomy 6:5
From Deuteronomy we turn to a part of the prayer called the Shema:
"You shall love the Lord your God with all your heart, and with all your soul, and with all your might."
I urge you, good friends, to join me as together we pray: Truly, O Wondrous God, we know full well that You command us to be ever-faithful to You as we strive to serve others. May that always be our goal every moment of our lives, Lord. And particularly today do we pray that these Senators themselves will never lose sight of Your intent that they unfailingly carry out Your will, governing in ways that are right and just and beneficial for all of our citizens. To that end embrace and guide not only all who strive to honor You here in this Senate Chamber, but also those women and men in uniform in the many world's hotspots and here at home, as well as all who serve in so many other leadership roles in our State and Nation. And ultimately, in every regard, may this Senate's actions always reflect love for You and for every South Carolinian. In Your wondrous name we humbly pray, dear Lord. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
On motion of Senator GROOMS, at 11:08 A.M., Senator CAMPSEN was granted a leave of absence for today.
On motion of Senator WILLIAMS, at 1:32 P.M., Senator YOUNG was granted a leave of absence for today.
On motion of Senator CROMER, at 1:32 P.M., Senator GROOMS was granted a leave of absence for balance of the day.
On motion of Senator GOLDFINCH, at 1:32 P.M., Senator RANKIN was granted a leave of absence for today.
The following were introduced:
S. 1398 (Word version) -- Senator Kimbrell: A SENATE RESOLUTION TO CONGRATULATE DR. GARY HOLLINGSWORTH UPON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH CAROLINA BAPTIST CONVENTION, TO COMMEND HIM FOR HIS SEVEN YEARS OF DEDICATED SERVICE, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN THE YEARS AHEAD.
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The Senate Resolution was adopted.
S. 1399 (Word version) -- Senator Kimpson: A SENATE RESOLUTION TO EXPRESS PROFOUND SORROW UPON THE PASSING OF MR. PETER MILLER AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.
S. 1400 (Word version) -- Senator Young: A SENATE RESOLUTION TO CONGRATULATE COUNCILMEMBER CAMILLE FURGIUELE UPON THE OCCASION OF HER RETIREMENT AS AIKEN COUNTY COUNCILMEMBER, TO COMMEND HER FOR HER EIGHT YEARS OF DEDICATED SERVICE TO AIKEN COUNTY, AND TO WISH HER MUCH HAPPINESS AND FULFILLMENT IN THE YEARS AHEAD.
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The Senate Resolution was adopted.
S. 1401 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO HONOR REVEREND SAMMY LEE WADE, PASTOR OF MT. NEBO BAPTIST CHURCH IN EASTOVER AND ST. JOHN BAPTIST CHURCH IN HOPKINS, AND TO CONGRATULATE HIM UPON TWENTY YEARS OF PASTORAL MINISTRY.
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The Senate Resolution was adopted.
S. 1402 (Word version) -- Senator Allen: A SENATE RESOLUTION TO RECOGNIZE AND HONOR DEION M. JAMISON, A NINTH AND TENTH GRADE ENGLISH TEACHER AT LEGACY EARLY COLLEGE IN GREENVILLE, AND TO CONGRATULATE HIM UPON BEING NAMED THE 2023 SOUTH CAROLINA TEACHER OF THE YEAR.
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The Senate Resolution was adopted.
THE SENATE PROCEEDED TO A CONSIDERATION OF REPORTS OF COMMITTEES OF CONFERENCE AND FREE CONFERENCE.
H. 5399 (Word version) -- Reps. Lucas, G.M. Smith, McCravy, T. Moore, White, Ligon, Long, Gilliam, Chumley, Burns, Hardee, Bailey, J.E. Johnson, B. Newton, Hewitt, Bustos, Jordan, M.M. Smith, Davis, Hyde, Hixon, West, Hiott, Jones, Caskey, Fry, Thayer, Pope, Forrest, Oremus, Trantham, Bennett, McGarry, Felder, Allison, D.C. Moss, Brittain, Nutt, Haddon, Huggins, G.R. Smith, Magnuson, May, Wooten, B. Cox, Yow, Murphy, Crawford, Bryant and Robbins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-05 SO AS TO PROHIBIT ABORTIONS IN THE STATE OF SOUTH CAROLINA.
On motion of Senator MASSEY, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
The COMMITTEE OF CONFERENCE, to whom was referred: H. 5399 (Word version) -- Reps. Lucas, G.M. Smith, McCravy, T. Moore, White, Ligon, Long, Gilliam, Chumley, Burns, Hardee, Bailey, J.E. Johnson, B. Newton, Hewitt, Bustos, Jordan, M.M. Smith, Davis, Hyde, Hixon, West, Hiott, Jones, Caskey, Fry, Thayer, Pope, Forrest, Oremus, Trantham, Bennett, McGarry, Felder, Allison, D.C. Moss, Brittain, Nutt, Haddon, Huggins, G.R. Smith, Magnuson, May, Wooten, B. Cox, Yow, Murphy, Crawford, Bryant and Robbins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-05 SO AS TO PROHIBIT ABORTIONS IN THE STATE OF SOUTH CAROLINA.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited and shall be known as the "South Carolina Human Life Protection Act".
SECTION 2. The General Assembly hereby finds all of the following:
(1) All human beings are created equal, and endowed by their Creator with certain unalienable rights, the foremost of which is the right to life.
(2) Section 3, Article I of the Constitution of the State of South Carolina, 1895, guarantees that no person may be deprived of life, liberty, or property without due process of law or be denied the equal protection of the laws, and a preborn child is deserving of that protection.
SECTION 3. Chapter 41, Title 44 of the 1976 Code is amended by adding:
"Article 7
South Carolina Human Life Protection Act
Section 44-41-810. For purposes of this article:
(1) 'Abortion' means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn human being. Such use, prescription, or means is not an abortion if done with the intent to save the life or preserve the health of the preborn human being, or to remove a dead unborn human being.
(2) 'Female' means a biological female as assigned at the time of birth or an intersexed person capable of producing an ovum at birth.
(3) 'Physician' means any person licensed to practice medicine and surgery, or osteopathic medicine and surgery, in this State.
(4) 'Pregnant woman' means the human biological female reproductive condition of having a living unborn child within her body, whether or not she has reached the age of majority. (5) 'Reasonable medical judgment' means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
(6) 'Unborn human being' or 'unborn child' or 'preborn child' or 'preborn human being' or 'fetus' each mean an individual organism of the species homo sapiens from conception until live birth.
Section 44-41-820. (A) No person may knowingly administer to, prescribe for, or sell to any pregnant woman any medicine, drug, or other substance with the specific intent of causing an abortion.
(B) No person may knowingly use or employ any instrument, device, means, or procedure upon a pregnant woman with the specific intent of causing an abortion.
Section 44-41-825. (A) Notwithstanding another provision of law, a physician may perform, induce, or attempt to perform or induce an abortion on a pregnant woman if the pregnancy is the result of rape or incest, and the probable post-fertilization age of the fetus is fewer than twelve weeks.
(B) A physician who performs or induces an abortion on a pregnant woman based on the exceptions in subsection (A) must report the allegation of rape or incest to the sheriff in the county in which the abortion was performed. The report must be made no later than twenty-four hours after performing or inducing the abortion, may be made orally or otherwise, and shall include the name and contact information of the pregnant woman making the allegation. Prior to performing or inducing an abortion, a physician who performs or induces an abortion based upon an allegation of rape or incest must notify the pregnant woman that the physician will report the allegation of rape or incest to the sheriff. The physician shall make written notations in the pregnant woman's medical records that the abortion was performed pursuant to the applicable exception, that the doctor timely notified the sheriff of the allegation of rape or incest, and that the woman was notified prior to the abortion that the physician would notify the sheriff of the allegation of rape or incest.
Section 44-41-830. (A) It is not a violation of Section 44-41-820 for a licensed physician to perform a medical procedure necessary in reasonable medical judgment to prevent:
(1) the death of the pregnant woman;
(2) a substantial risk of death for the pregnant woman because of a physical condition; or (3) the substantial physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions.
However, the physician shall make reasonable medical efforts under the circumstances to preserve the life of the pregnant woman's unborn child, to the extent it does not substantially risk the death or physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions and in a manner consistent with reasonable medical practice. A medical procedure shall not be considered necessary if based on a claim or diagnosis that a woman will engage in conduct that she intends to result in her death or in a substantial physical impairment of a major bodily function.
(B) A physician who performs a medical procedure as described in subsection (A) shall declare, in a written document, that the medical procedure was necessary, by reasonable medical judgment, to prevent the death of the pregnant woman, to prevent a substantial risk of death for the pregnant woman because of a physical condition, or to prevent the substantial risk of a substantial physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions. In the document, the physician shall specify the pregnant woman's medical condition that the medical procedure was asserted to address and the medical rationale for the physician's conclusion that the medical procedure was necessary to prevent the death of the pregnant woman, to prevent a substantial risk of death for the pregnant woman because of a physical condition, or to prevent the serious risk of a substantial impairment of a major bodily function of the pregnant woman and that all reasonable efforts were made to save the fetus in the event it was living and in utero. Such documentation must be included in the woman's medical records within thirty days from the date of the procedure. The physician's exercise of reasonable medical judgement for a permitted medical procedure is presumed within the applicable standard of care. (C) It is presumed that the following medical conditions constitute a substantial risk of death or substantial risk of a substantial physical impairment of a major bodily function of a pregnant woman: molar pregnancy, partial molar pregnancy, blighted ovum, ectopic pregnancy, severe preeclampsia, HELLP syndrome, abruptio placentae, severe physical maternal trauma, uterine rupture, intrauterine fetal demise, and miscarriage. However, when an unborn child is alive in utero, the physician must make all reasonable efforts to deliver and save the life of an unborn child during the process of separating the unborn child from the pregnant woman, to the extent it does not adversely affect the life or physical health of the pregnant woman, and in a manner consistent with reasonable medical practice. The enumeration of the medical conditions in this subsection is not intended to exclude or abrogate other conditions that satisfy the exclusions of subsection (A) or prevent other procedures that are not included in the definition of abortion in Section 44-41-810.
(D) Medical treatment provided to the pregnant woman by a licensed physician which results in the accidental or unintentional injury to or the death of her unborn child is not a violation of Section 44-41-820.
(E) It is not a violation of Section 44-41-820, and nothing in this article may be construed to prohibit the use, sale, prescription, or administration of a contraceptive measure, drug, chemical, or device if the contraceptive measure, drug, chemical, or device is used, sold, prescribed, or administered in accordance with manufacturer instructions and is not used, sold, prescribed, or administered to cause or induce an abortion of a clinically diagnosable pregnancy.
(F) Nothing in this article shall be construed to prohibit in vitro fertilization or assisted reproductive technology procedures accepted as standard of care by the reproductive medical community. No part of the in vitro fertilization procedures or assisted reproductive procedures considered normal standard of care will be considered an abortion procedure. Notwithstanding the above, the practice of 'selective reduction,' (defined as a procedure to stop the development of one or more fetuses in utero) shall constitute an abortion in violation of Section 44-41-820, above, except, when necessary, in reasonable medical judgment, to prevent a substantial risk of death for another fetus, or the substantial and irreversible physical impairment of a major bodily function of another fetus.
Section 44-41-840. (A) A person who violates Section 44-41-820 is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned not more than two years, or both.
(B) Any person who uses force or the threat of force to intentionally injure or intimidate any person, for the purpose of coercing an abortion in violation of Section 44-41-820 is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned not more than two years, or both. (C) Notwithstanding the provisions of Section 44-41-830, any person who is not a physician licensed in this State, who prescribes any means of abortion as defined in this article, for the purpose of facilitating an abortion inside the borders of this State, violates Section 44-41-820, is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned not more than two years, or both.
Section 44-41-850. (A) In addition to whatever remedies are available under the common or statutory law of this State, failure to comply with the requirements of this article shall provide the basis for a civil action as described in this section.
(B) Any pregnant woman upon whom an abortion has been performed, induced, or coerced in violation of this article may maintain an action against the person or persons who violated this article for actual and punitive damages. In addition to all other damages, and separate and distinct from all other damages, each plaintiff is entitled to statutory damages of ten thousand dollars for each violation of this article to be imposed on each defendant of each such violation.
(C) A separate and distinct cause of action for injunctive relief against any person or persons who have violated this article may be maintained by:
(1) the woman upon whom an abortion was performed or induced in violation of this article;
(2) the parent or guardian of the pregnant woman if the woman had not attained the age of eighteen years at the time of the abortion or has died as a result of the abortion;
(3) a solicitor or prosecuting attorney with proper jurisdiction; or
(4) the Attorney General.
The injunction prevents the person or persons who violated the article from further violation of this article in this State.
(D) If judgment is rendered in favor of the plaintiff(s) in an action described in this section, the court also shall render judgment for reasonable costs and attorney's fees in favor of the plaintiff(s) against the defendant(s).
(E) No damages, costs, or attorney's fee may be assessed against the woman upon whom an abortion was performed or induced.
(F) In no case may civil damages be awarded to any plaintiff if the pregnancy resulted from the plaintiff's criminal conduct.
(G) A civil cause of action under this section must be brought within three years from the date of the abortion and is not subject to the limitations and requirements of Chapter 79, Title 15. Section 44-41-860. A pregnant woman on whom an abortion is performed or induced in violation of this article may not be criminally prosecuted for violating any of the provisions of this article or for attempting to commit, conspiring to commit, or acting complicitly in committing a violation of any of the provisions of the article and is not subject to a civil or criminal penalty based on the abortion being performed or induced in violation of any of the provisions of this article.
Section 44-41-870. In addition to any other penalties imposed by law, a physician or any other professionally licensed person who intentionally, knowingly, or recklessly violates the prohibition in Section 44-41-820 commits an act of unprofessional conduct and the person's license to practice in the State of South Carolina immediately shall be revoked by the State Board of Medical Examiners for South Carolina, after due process according to the rules and procedures of the State Board of Medical Examiners. A complaint may be originated by any person or sua sponte. In addition, the State Board of Medical Examiners may assess costs of the investigation, fines, and other disciplinary actions it may deem appropriate.
Section 44-41-880. In every civil or criminal proceeding or action brought under this article, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or induced shall be preserved from public disclosure if the woman does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that the woman's anonymity should 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 shall 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. In the absence of written consent of the woman upon whom an abortion has been performed or induced, anyone, other than a public official, who brings an action pursuant to Section 44-41-820 shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.
Section 44-41-890. If some or all of the provisions of this article are ever temporarily or permanently restrained or enjoined by judicial order, all other provisions of South Carolina law regulating or restricting abortion must be enforced as though such restrained or enjoined provisions had not been adopted; provided, however, that whenever such temporary or permanent restraining order or injunction is stayed or dissolved, or otherwise ceases to have effect, such provisions shall have full force and effect. Section 44-41-900. (A) Notwithstanding any other provision of law, a biological father of a child has a duty to pay the mother of the child the following financial obligations beginning with the date of conception:
(1) child support payment obligations in an amount determined pursuant to Section 63-17-470;
(2) fifty percent of the mother's pregnancy expenses.
(a) Any portion of a mother's pregnancy expenses paid by the mother or the biological father reduces that parent's fifty percent obligation regardless of when the mother or biological father pays the pregnancy expenses.
(b) Pregnancy expenses must include fifty percent of the mother's insurance premiums that are not paid by her employer or governmental program beginning from the date of conception and before the pregnancy ends, unless otherwise ordered by the court.
(c) Item (2) does not apply if a court apportions pregnancy expenses as part of an award of child support in item (1).
(B) In the case of a mother who becomes pregnant as a result of rape or incest, the biological father, in addition to the duties imposed by subsection (A), also is responsible for the full cost of any expenses incurred by the mother for mental health counseling arising out of the rape or incest.
(C) The duties imposed by this section accrue at the time of conception and must be applied retroactively when paternity is contested and medical evidence establishes the paternity of the child. Interest accrues on any retroactive obligations beginning with conception until either the obligations are brought current or paid in full whichever happens first. The rate of interest must be calculated based on the applicable interest rate for money decrees and judgments in this State established annually by the South Carolina Supreme Court."
SECTION 4. Article 1, Chapter 41, Title 44 of the 1976 Code is amended by adding:
"Section 44-41-90. (A) No funds appropriated by the State for employer contributions to the State Health Insurance Plan may be expended to reimburse the expenses of an abortion, except as provided in Section 44-41-680.
(B) No funds appropriated or authorized by the State may be used by any political subdivision of the State to purchase fetal tissue obtained from an abortion or fetal remains, nor may any political subdivision of the State accept donated fetal remains. (C) No state funds may, directly or indirectly, be utilized by Planned Parenthood for abortions, abortion services or procedures, or administrative functions related to abortions."
SECTION 5. Section 44-41-20 of the 1976 Code is repealed.
SECTION 6. Section 44-41-70(b) of the 1976 Code is amended to read:
"(b) The department shall promulgate and enforce regulations for the licensing and certification of facilities other than hospitals as defined in Section 44-41-10(d) wherein abortions are to be performed as provided for in Section 44-41-20(a) and (b)."
SECTION 7. The South Carolina House of Representatives, the South Carolina Senate, the South Carolina Governor and/or the South Carolina Attorney General may intervene as a matter of right in any case in which the constitutionality or enforceability of any SECTION of this act is challenged. The General Assembly may appoint one or more of its members to intervene as a matter of right in any case in which the constitutionality or enforceability of any SECTION of this act is challenged.
SECTION 8. If any section, subsection, paragraph, 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 this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, 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 9. This act takes effect upon approval of the Governor. /
Amend title to conform.
/s/Sen. Richard J. Cash /s/Rep. John R. McCravy III /s/Sen. A. Shane Massey /s/Rep. Thomas E. "Tommy" Pope Sen. Margie Bright Matthews Rep. Elizabeth "Spencer" Wetmore On Part of the Senate. On Part of the House.
Senator MASSEY explained the report.
Senator CASH spoke on the report. The question then was adoption of the Report of Committee of Conference.
Senator DAVIS moved to lay the conference report on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Allen Davis Fanning Gustafson Harpootlian Hembree Hutto Jackson Johnson, Kevin Kimpson Malloy Massey Matthews McElveen McLeod Sabb Scott Senn Setzler Shealy Stephens Williams Young
Adams Alexander Bennett Cash Climer Corbin Cromer Gambrell Garrett Goldfinch Grooms Johnson, Michael Kimbrell Loftis Martin Peeler Reichenbach Rice Talley Turner Verdin
The report was laid on the table.
On motion of Senator RICE, with unanimous consent, the remarks of Senator CASH, when reduced to writing and made available to the Desk, would be printed in the Journal.
The Senate stood at ease at 12:31 P.M.
The Senate resumed at 1:10 P.M. Senator MASSEY spoke on the work of the Conference Committee.
At 1:29 P.M., Senator MASSEY moved that the Senate adjourn under the provisions of S. 1325, the Sine Die Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Allen Davis Fanning Gustafson Harpootlian Hembree Hutto Jackson Johnson, Kevin Kimpson Malloy Matthews McElveen McLeod Sabb Scott Senn Setzler Shealy Stephens Talley Williams
Adams Alexander Bennett Cash Climer Corbin Cromer Gambrell Garrett Goldfinch Johnson, Michael Kimbrell Loftis Martin Massey Peeler Reichenbach Rice Turner Verdin
The motion was adopted.
Unfortunately, I had to leave the Senate Chamber today due to a family emergency. Had I been present, I would have voted against the motion to adjourn.
On motion of Senator MASSEY, the Senate agreed to stand adjourned.
On motion of Senator McLEOD, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Jim Dewitt and Mrs. Gloria Dewitt of Columbia, S.C. Jim and Gloria were high school sweethearts. They owned Legends Security and Sound and Jim was a member of the Atlantic Beach City Council. Jim and Gloria were the parents of two boys and will be dearly missed.
On motion of Senator McELVEEN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Lieutenant Colonel James William Ross of Sumter, S.C. Jim was a graduate of Hillcrest High School, Newberry College and the Armed Forces Staff College. Jim owned and operated Ross Construction. He retired from the U.S. Marine Corps after more than 24 years of service and was a veteran of the Vietnam War. Jim was a member of Trinity United Methodist Church and the American Legion Post 15.
At 1:35 P.M., on motion of Senator MASSEY, the Senate adjourned under the provisions of S. 1325, the Sine Die Resolution.
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