NO. 65
REGULAR SESSION BEGINNING TUESDAY, JANUARY 10, 2023
________
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 102:18: "Let this be recorded for a generation to come, so that a people yet unborn may praise the Lord."
Let us pray. Blessings and glory and honor be with You our Lord as we gather for another day of doing the work for the people of South Carolina. Look in favor on our first responders and defenders of freedom. Guide each of these Representatives to do what is expected. Guard and keep our World, Nation, President, State, Governor, Speaker, Staff, and all who give of their time and effort for this great cause. Bless our men and women who suffer wounds, those seen and those hidden. Lord, in Your mercy, hear our prayers. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by Acting SPEAKER BANNISTER.
After corrections to the Journal of the proceedings of Thursday, May 11, Acting SPEAKER BANNISTER ordered it confirmed.
Rep. MOSS moved that when the House adjourns, it adjourn in memory of Samantha Peeler, which was agreed to.
The House stood in silent prayer for the family and friends of David Mack, Jr., father of Former Representative David Mack III.
The following was received:
EXECUTIVE ORDER NO. 2023-12 WHEREAS, on March 23, 2023, the undersigned received and accepted the resignation of Richard Eckstrom as Comptroller General of the State of South Carolina, effective April 30, 2023, in accordance with section 8-1-145 of the South Carolina Code of Laws, as amended; and
WHEREAS, article VI, section 7 of the South Carolina Constitution provides, in relevant part, that "[t]here shall be elected by the qualified voters of the State a . . . Comptroller General, . . . who shall hold [his] respective office[] for a term of four years, coterminous with that of the Governor"; and
WHEREAS, section 1-1-120 of the South Carolina Code of Laws, as amended, provides, in pertinent part, that "[i]n case any vacancy shall occur in the office of . . . Comptroller General, . . . such vacancy shall be filled by election by the General Assembly, a majority of the votes cast being necessary to a choice," and that "[i]f such vacancy occur during the recess of the General Assembly, the Governor shall fill the vacancy by appointment until an election by the General Assembly at the session next ensuing such vacancy"; and
WHEREAS, section 1-3-220(1) of the South Carolina Code of Laws, as amended, similarly provides that among the appointments which "shall be made by the Governor" is "[a]n appointment to fill any vacancy in an office of the executive department as defined in [s]ection 1-1-110 occurring during a recess of the General Assembly," and "[t]he term of such appointment shall be until the vacancy be filled by a general election or by the General Assembly in the manner provided by law"; and
WHEREAS, in accordance with section 1-1-110 of the South Carolina Code of Laws, as amended, the Comptroller General is an officer of the "executive department of this State"; and
WHEREAS, pursuant to article IV, section 1 of the South Carolina Constitution, "[t]he supreme executive authority of this State shall be vested in" the Governor of the State of South Carolina; and
WHEREAS, on May 11, 2023, the regular annual session of the General Assembly of the State of South Carolina adjourned sine die in accordance with section 2-1-180 of the South Carolina Code of Laws, as amended; and WHEREAS, the General Assembly did not elect a successor to fill the vacancy in the office of the Comptroller General pursuant to section 1-1-120 of the South Carolina Code of Laws prior to adjourning sine die on May 11, 2023; and
WHEREAS, in light of the foregoing, there is a vacancy in the office of the Comptroller General, said vacancy occurring during a recess of the General Assembly, which will continue to exist until such time as the General Assembly shall elect a successor to serve in said office for the remainder of the unexpired term; and
WHEREAS, as presently constituted, the office of Comptroller General is among those "important administrative positions, the functioning of which are necessary to effectively run a complex government," Senate ex rel. Leatherman v. McMaster, 425 S.C. 315, 330, 821 S.E.2d 908, 916 (2018), and the undersigned has determined that it is critical to avoid a vacancy in said office and thereby imperative to designate and appoint an individual to assume the duties and attend to the responsibilities of the Comptroller General, see, e.g., S.C. Code Ann. Section 11-3-170 ("After the approval of the annual appropriation act by the Governor, monies may be obtained from the State Treasury only by drawing vouchers upon the Comptroller General. . . ."); id. Section 11-3-185 ("The expenditure of money appropriated by the General Assembly is by warrant requisitions directed to the Comptroller General. . . ."); id. Section 11-3-210. ("The Comptroller General shall enter in books, kept for that purpose, such statements of the accounts of persons having the distribution of public money, directed by law to be rendered to him, as will enable him, at any time, to show how such accounts stand between the parties, respectively."); and
WHEREAS, for the aforementioned reasons, and in accordance with the cited authorities and other applicable law, the undersigned has determined that it is necessary and appropriate under the circumstances presented to designate and appoint a suitable person to serve as Comptroller General until such time as the General Assembly shall elect a successor or a successor shall otherwise qualify as provided by law, see Op. Att'y Gen., 1984 WL 249919, at *2 (S.C.A.G. June 28, 1984); see also Bradford v. Byrnes, 221 S.C. 255, 262, 70 S.E.2d 228, 231 (1952) ("As nature abhors a void, the law of government does not ordinarily countenance an interregnum."); and WHEREAS, Brian J. Gaines, MPA, CPM, of Columbia, South Carolina, is a fit and proper person to serve as Comptroller General until such time as the General Assembly shall elect a successor or a successor shall otherwise qualify as provided by law.
NOW, THEREFORE, by virtue of the authority vested in me as Governor of the State of South Carolina and pursuant to the Constitution and Laws of this State and the powers conferred upon me therein, I hereby designate and appoint Brian J. Gaines, MPA, CPM to serve as Comptroller General until such time as the General Assembly shall elect a successor or a successor shall otherwise qualify as provided by law. This Order is effective immediately and shall remain in effect unless or until modified, amended, rescinded by subsequent Order.
GIVEN UNDER MY HAND AND THE GREAT SEAL OF THE STATE OF SOUTH CAROLINA, THIS 11th DAY OF MAY, 2023.
HENRY MCMASTER
Governor
ATTEST:
MARK HAMMOND
Secretary of State
Received as information.
The following was received:
EXECUTIVE ORDER NO. 2023-13
WHEREAS, on May 11, 2023, the regular annual session of the General Assembly of the State of South Carolina adjourned sine die in accordance with section 2-1-180 of the South Carolina Code of Laws, as amended; and WHEREAS, the General Assembly passed legislation to address various important matters before adjourning sine die, and such legislation has been presented to the undersigned, or will be presented to the undersigned upon ratification, for review and consideration as to whether to approve said legislation or return the same with objections; and
WHEREAS, notwithstanding the foregoing, although the General Assembly has reached agreement on numerous budget-related matters and appointed a conference committee on H. 4300 (Word version) (General Appropriations Bill), the General Assembly did not adopt, enroll, or ratify a General Appropriations Act for the 2023 - 2024 fiscal year, or pass a continuing resolution to otherwise provide for the continued operation of state government after the end of the current fiscal year, in advance of sine die adjournment; and
WHEREAS, because "[m]oney shall be drawn from the treasury of the State or the treasury of any of its political subdivisions only in pursuance of appropriations made by law," S.C. Const. art. X, Section 8, the absence of a General Appropriations Act for the upcoming fiscal year is a matter that requires the immediate attention of, and action by, the General Assembly prior to its next regular session; and
WHEREAS, while the General Assembly also made commendable progress in advancing some critical measures, legislation to enhance penalties for illegal-gun possession, S. 474 (Word version) (Fetal Heartbeat and Protection from Abortion Act), H. 3532 (Word version) (Bond Reform), and other matters of significant public importance remain unresolved and did not achieve consensus prior to sine die adjournment; and
WHEREAS, the undersigned has determined that it is necessary and appropriate for the General Assembly to convene in advance of its next regular session for purposes of promptly adopting a General Appropriations Act, passing the above-referenced pending legislation, and presenting the same for the undersigned's consideration; and WHEREAS, article IV, section 19 of the South Carolina Constitution provides that "[t]he Governor may on extraordinary occasions convene the General Assembly in extra session" and further provides that "[s]hould either house remain without a quorum for five days, or in case of disagreement between the two houses during any session with respect to the time of adjournment, he may adjourn them to such times as he shall think proper, not beyond the time of the annual session then next ensuing"; and
WHEREAS, pursuant to article IV, section 19 of the South Carolina Constitution and in accordance with the authority and discretion conferred therein, the undersigned has determined that the foregoing and other circumstances constitute an "extraordinary occasion[]" such that it is necessary and appropriate to convene the General Assembly in extra session at the earliest practicable opportunity; and
WHEREAS, the undersigned has concluded that Tuesday, May 16, 2023, is the earliest practicable opportunity to convene the General Assembly in extra session, and the undersigned does not anticipate that timely consideration and resolution of the aforementioned matters will require the General Assembly to remain in extra session beyond May 31, 2023.
NOW, THEREFORE, by virtue of the authority vested in me as Governor of the State of South Carolina and pursuant to the Constitution and Laws of this State and the powers conferred upon me therein, I hereby call an extra session of the General Assembly of the State of South Carolina to convene at the State House in Columbia, commencing at noon on Tuesday, May 16, 2023. This Order is effective immediately and shall remain in effect unless and until modified, amended, or rescinded by subsequent Order.
GIVEN UNDER MY HAND AND THE GREAT SEAL OF THE STATE OF SOUTH CAROLINA, THIS 11th DAY OF MAY, 2023.
HENRY MCMASTER
Governor
ATTEST:
MARK HAMMOND
Secretary of State
The following was received:
Columbia, S.C., May 16, 2023
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at a mutually convenient time for the purpose of ratifying Acts.
Very respectfully,
President
On motion of Rep. FORREST the invitation was accepted.
The following was introduced:
H. 4481 (Word version) -- Reps. Brewer, Tedder, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR KATIE BLOMQUIST, FOUNDER AND EXECUTIVE DIRECTOR OF GOING PLACES IN CHARLESTON, AND TO EXPRESS DEEP GRATITUDE TO HER FOR MAKING A CHILD'S DREAM OF HAVING A BICYCLE A REALITY FOR SO MANY CHILDREN.
The following was introduced:
H. 4482 (Word version) -- Reps. McCabe, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR DR. CRAIG DEREK WHEATLEY, A TEACHER OF PSYCHOLOGY, SOCIOLOGY, AND UNITED STATES GOVERNMENT AT WHITE KNOLL HIGH SCHOOL IN LEXINGTON SCHOOL DISTRICT ONE, AND TO CONGRATULATE HIM FOR BEING NAMED THE SCHOOL'S TEACHER OF THE YEAR FOR THE 2023-2024 SCHOOL YEAR.
The Resolution was adopted.
The following was introduced: H. 4483 (Word version) -- Reps. McCabe, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO CONGRATULATE JESSE ZEASER UPON BEING NAMED 2023-2024 PELION HIGH SCHOOL TEACHER OF THE YEAR, TO EXPRESS APPRECIATION FOR HER DEDICATED SERVICE TO SOUTH CAROLINA'S YOUTH, AND TO WISH HER CONTINUED SUCCESS IN THE FUTURE.
The Resolution was adopted.
The following was introduced: H. 4484 (Word version) -- Reps. McDaniel, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF THE HONORABLE ERNEST "CROSBY" LEWIS OF FAIRFIELD COUNTY, A FORMER MEMBER OF THE SOUTH CAROLINA HOUSE; TO CELEBRATE HIS LIFE; AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The Senate sent to the House the following:
S. 712 (Word version) -- Senators Goldfinch and Campsen: A CONCURRENT RESOLUTION TO ENCOURAGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO ASSIST IN FINDING REASONABLE SOLUTIONS TO PROTECT NORTH ATLANTIC RIGHT WHALES AND SOUTH CAROLINA'S COASTAL CULTURE AND ECONOMY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4485 (Word version) -- Reps. Beach, McCabe, White, S. Jones, Trantham, Kilmartin, McCravy, Harris, Burns, Wooten, Vaughan, Pedalino, Robbins, O'Neal, Long, Mitchell, Connell, Elliott, Gilliam, Davis, Yow, Willis, Caskey, Thayer, Nutt, Sessions, Guffey, Pope, B. Newton, Magnuson, Pace, M. M. Smith, Cromer, Lawson, Bustos, Chumley, Erickson, Gagnon, Gibson, J. E. Johnson, J. Moore and Moss: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-1-315 SO AS TO PROVIDE EACH PUBLIC ELEMENTARY, MIDDLE SCHOOL, OR SECONDARY SCHOOL IN THIS STATE SHALL DISPLAY IN A CONSPICUOUS PLACE IN EACH CLASSROOM OF THE SCHOOL A POSTER OR FRAMED COPY OF THE TEN COMMANDMENTS THAT MEETS CERTAIN SPECIFIED REQUIREMENTS, AND TO PROVIDE FOR THE ACQUISITION OF SUCH POSTERS AND DONATIONS OF SURPLUS POSTERS.
Referred to Committee on Education and Public Works
H. 4486 (Word version) -- Reps. Burns, Long, Ott, Pope and Hiott: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-55-655 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CREATE A PILOT PROGRAM THAT ALLOWS CERTAIN SEPTIC TANK INSTALLERS TO CONDUCT SEPTIC TANK FIELD EVALUATION TESTS FOR THE DEPARTMENT.
On motion of Rep. BURNS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4487 (Word version) -- Reps. Ott, Cobb-Hunter, Kirby, Thayer, Felder, Hardee, Long, Guffey, Wooten, Sessions, Williams, Pedalino, Taylor, Carter, Hager, Willis, McGinnis, Burns, McDaniel, Rivers, Erickson, Yow, Gilliam, Oremus, Bailey, Chumley, B. L. Cox, Bauer, Haddon, W. Jones, Ballentine, Calhoon, Blackwell, Bustos, Dillard, Forrest, Gibson, Hartnett, Hixon and Nutt: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 2-19-10, RELATING TO THE MEMBERSHIP OF THE JUDICIAL MERIT SELECTION COMMISSION AND THEIR TERMS, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND PROVIDE STAGGERED TERMS FOR THE NEW SEVEN-MEMBER COMMISSION, AND TO DELETE MEMBERS OF THE GENERAL ASSEMBLY FROM THE COMMISSION; BY AMENDING SECTION 2-19-20, RELATING TO JUDICIAL VACANCIES, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 2-19-35, RELATING TO JUDICIAL CANDIDATE QUALIFICATIONS AND INVESTIGATION OF CANDIDATES, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 2-19-70, RELATING TO PRIVILEGES OF THE FLOOR AND PLEDGES, SO AS TO PROHIBIT THE CANVASSING OF VOTES BY A MEMBER OF THE GENERAL ASSEMBLY FOR A CANDIDATE BEFORE FORMAL RELEASE OF THE REPORT, TO PROVIDE THAT THE FORMAL RELEASE OF THE REPORT IS NINETY-SIX HOURS AFTER THE LIST OF QUALIFIED CANDIDATES IS INITIALLY RELEASED, AND TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 2-19-80, RELATING TO THE NOMINATION OF QUALIFIED CANDIDATES TO THE GENERAL ASSEMBLY, SO AS TO CHANGE THE COMMISSION'S PROCESS FROM NOMINATION OF THREE QUALIFIED CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED CANDIDATES TO THE GENERAL ASSEMBLY AND TO PROVIDE FOR THREE WEEKS BETWEEN THE RELEASE OF THE LIST OF QUALIFIED CANDIDATES TO THE GENERAL ASSEMBLY AND ELECTION FOR THE JUDGESHIPS; BY AMENDING SECTION 2-19-90, RELATING TO THE ELECTION OF JUDICIAL CANDIDATES BY THE GENERAL ASSEMBLY IN JOINT SESSION, SO AS TO PROVIDE IT IS A CONFLICT OF INTEREST FOR CERTAIN MEMBERS OF THE GENERAL ASSEMBLY TO VOTE IN JUDICIAL ELECTIONS, TO PROVIDE PROCEDURES FOR A MEMBER TO RECUSE HIMSELF, TO PROVIDE A MEMBER MAY REQUEST A WRITTEN ETHICS COMMITTEE OPINION FROM THE APPROPRIATE BODY REGARDING WHEN RECUSAL MAY BE NECESSARY, AND TO MAKE CONFORMING CHANGES; AND BY AMENDING SECTION 1-3-240, RELATING TO REMOVAL OF OFFICERS BY GOVERNOR, SO AS TO INCLUDE THE JUDICIAL MERIT SELECTION COMMISSION IN THE PURVIEW OF THE STATUTE REGARDING REMOVAL ONLY FOR CERTAIN SPECIFIED REASONS.
Referred to Committee on Judiciary
H. 4488 (Word version) -- Reps. Sessions, G. M. Smith, Hiott, Davis, M. M. Smith, B. L. Cox, Gatch, Lawson, O'Neal, Pace, Pedalino, Beach and Rutherford: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-7-267 SO AS TO PROHIBIT THE USE OF CONTRACTUAL AGREEMENTS BY HEALTH CARE FACILITIES TO LIMIT A PHYSICIAN'S ABILITY TO PRACTICE AFTER TERMINATION OF THE CONTRACTUAL RELATIONSHIP, WITH EXCEPTIONS.
Referred to Committee on Judiciary
The roll call of the House of Representatives was taken resulting as follows:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Dillard Elliott Erickson Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Hager Hardee Harris Hart Hartnett Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones W. Jones Jordan Kilmartin King Kirby Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McDaniel McGinnis Mitchell J. Moore T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pendarvis Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions M. M. Smith Stavrinakis Taylor Tedder Thayer Thigpen Trantham Vaughan Weeks West Wetmore Wheeler White Whitmire Williams Willis Wooten Yow
Acting SPEAKER BANNISTER granted Rep. POPE a leave of absence for the day.
Acting SPEAKER BANNISTER granted Rep. FELDER a leave of absence for the day.
Acting SPEAKER BANNISTER granted Rep. CASKEY a leave of absence for the day.
Acting SPEAKER BANNISTER granted Rep. MURPHY a leave of absence for the day due to a prior family commitment.
Acting SPEAKER BANNISTER granted Rep. GUEST a temporary leave of absence.
Acting SPEAKER BANNISTER granted Rep. BRITTAIN a temporary leave of absence to attend a funeral.
Acting SPEAKER BANNISTER granted Rep. G. M. SMITH a temporary leave of absence.
Acting SPEAKER BANNISTER granted Rep. WEST a temporary leave of absence.
Acting SPEAKER BANNISTER granted Rep. WILLIS a temporary leave of absence.
Acting SPEAKER BANNISTER granted Rep. HERBKERSMAN a temporary leave of absence.
In accordance with House Rule 5.2 below: "5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3394 (Word version)
Date: ADD:
05/16/23 WHITE
Bill Number: H. 4135 (Word version)
Date: ADD:
05/16/23 ELLIOTT
Bill Number: H. 4290 (Word version)
Date: ADD:
05/16/23 LANDING, BUSTOS, HARRIS, GUFFEY, LAWSON, OREMUS, CHUMLEY, BEACH, WHITE, THAYER, CHAPMAN, BURNS, HADDON, O'NEAL, LIGON, CROMER, S. JONES, TRANTHAM and MCCABE
Bill Number: H. 4364 (Word version)
Date: ADD:
05/16/23 PACE
Bill Number: H. 4442 (Word version)
Date: ADD:
05/16/23 HADDON
Bill Number: H. 4464 (Word version)
Date: ADD:
05/16/23 ATKINSON, HAYES, HARDEE and MCGINNIS
Acting SPEAKER HIOTT granted Rep. BANNISTER a temporary leave of absence.
Acting SPEAKER HIOTT granted Rep. WEEKS a temporary leave of absence.
The following was received:
Columbia, S.C., May 3, 2023
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the 2nd Congressional District Legislative Delegation and is therefore submitted for your consideration.
STATEWIDE APPOINTMENT
State Board for Technical and Comprehensive Education
Term Commencing: 07/01/2020
Term Expiring: 07/01/2026
Seat: 2nd Congressional District
Vice: William H. Floyd III
Mr. Benjamin Wright Satcher, Jr.
358 Catawba Court
Lexington, South Carolina 29072-9500
Yours very truly,
Henry McMaster
Governor
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bauer Beach Bernstein Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Clyburn Cobb-Hunter Connell B. J. Cox B. L. Cox Cromer Davis Dillard Erickson Forrest Gagnon Gatch Gibson Gilliam Gilliard Guffey Haddon Hager Hardee Hartnett Hayes Henderson-Myers Henegan Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones W. Jones Jordan Kilmartin King Kirby Landing Lawson Leber Ligon Long Lowe May McCabe McCravy McDaniel McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pedalino Pendarvis Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions M. M. Smith Stavrinakis Taylor Thigpen Trantham Vaughan Wetmore Wheeler White Whitmire Williams Wooten
Those who voted in the negative are:
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The Senate Amendments to the following Bill were taken up for consideration:
(R82) H. 3583 (Word version) -- Reps. Guffey, Lawson, Pace, Haddon, O'Neal, Pope, Ligon, B. Newton, Sessions, Anderson, Taylor, Carter, Brewer, Murphy, White, Guest, Mitchell, Pedalino, Oremus, Wooten, Caskey, Leber, Landing, Chapman, Vaughan, Hiott, Gilliam, Cromer, B. L. Cox, Moss, T. Moore, Beach, J. L. Johnson, Hartnett, Bauer, Schuessler, Bailey, Neese, W. Newton, Jordan, Hewitt, King, Gilliard, Williams, Jefferson, Weeks, Trantham, Nutt, McCravy, Robbins, Ballentine, Calhoon, M. M. Smith, Davis, Cobb-Hunter, Henegan, G. M. Smith, Atkinson, Erickson, W. Jones, Blackwell, McDaniel, J. E. Johnson, S. Jones, Willis, Alexander and Felder: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING "GAVIN'S LAW" BY ADDING SECTION 16-15-430 SO AS TO CREATE THE OFFENSES OF "SEXUAL EXTORTION" AND "AGGRAVATED SEXUAL EXTORTION", TO DEFINE NECESSARY TERMS, AND TO PROVIDE PENALTIES FOR VIOLATIONS. - RATIFIED TITLE
Rep. J. E. JOHNSON explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bauer Beach Bernstein Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Cromer Davis Dillard Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Gilliard Guffey Haddon Hager Hardee Harris Hartnett Hayes Henderson-Myers Henegan Hiott Hixon Hosey Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones W. Jones Jordan Kilmartin King Kirby Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McDaniel McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pendarvis Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions M. M. Smith Stavrinakis Taylor Tedder Trantham Vaughan Wetmore Wheeler White Whitmire Williams Wooten Yow
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Conference Report was taken up:
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 96 (WORD VERSION) -- Senators Campsen, Davis, McElveen, Cromer, Kimpson, and Hutto: TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 50-21-10, RELATING TO DEFINITIONS FOR THE EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE THE DEFINITION OF PERSONAL WATERCRAFT; BY AMENDING SECTION 50-21-90, RELATING TO THE BOATING SAFETY AND EDUCATIONAL PROGRAM, SO AS TO REQUIRE THE DEPARTMENT OF NATURAL RESOURCES TO ISSUE A BOATING SAFETY CERTIFICATE UPON THE COMPLETION OF CERTAIN REQUIREMENTS; TO AMEND ARTICLE 1, CHAPTER 21, TITLE 50, RELATING TO THE EQUIPMENT AND OPERATION OF WATERCRAFT, BY ADDING SECTION 50-21-95, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO OPERATE CERTAIN WATERCRAFT ON THE WATERS OF THIS STATE WITHOUT HAVING POSSESSION OF A BOATING SAFETY CERTIFICATE, WITH CERTAIN EXCEPTIONS; TO REPEAL SECTION 50-21-870(A)(1), RELATING TO THE DEFINITION FOR THE TERM "PERSONAL WATERCRAFT"; AND TO REPEAL SECTION 50-21-870(B)(9), RELATING TO THE OPERATION OF CERTAIN WATERCRAFT BY PERSONS YOUNGER THAN SIXTEEN YEARS OF AGE.
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. Section 50-21-10 (20) through (29) of the S.C. Code are amended to read: (20) "Personal watercraft" means a vessel, usually less than sixteen feet in length, that uses an inboard motor powering a water jet pump as its primary source of propulsion and that is intended to be operated by a person sitting, standing, or kneeling on the vessel, rather than within the confines of the hull.
(21) "Reportable boating accident" means an accident, collision, or other casualty involving a vessel subject to this chapter which results in loss of life, injury which results in loss of consciousness, necessity for medical treatment, necessity to carry a person from the scene, disability which prevents the discharge of normal duties beyond the day of casualty, or actual physical damage to property including vessels in excess of the minimum amount set by the United States Coast Guard for reportable accidents.
(21)(22) "Serial number" means the identifying manufacturer's number affixed to a watercraft before November 2, 1972, and to outboard motors before, on, and after that date. The serial number of watercraft manufactured after November 1, 1972, is part of the hull identification number.
(23) "Specialty propcraft" means a vessel that is similar in appearance and operation to a personal watercraft but is powered by an outboard or propeller-driven motor.
(22)(24) "Temporary certificate of number" is a temporary registration assigned to a vessel to allow operation for a limited purpose.
(23)(25) "Tender" means a small watercraft attendant to a larger vessel that meets United States Coast Guard requirements and is used solely for ferrying supplies or passengers and crew between its parent vessel and shore.
(24)(26) "Use" means operate, navigate, or employ.
(25)(27) "Vessel" means every description of watercraft, other than a seaplane regulated by the federal government, used or capable of being used as a means of transportation on water.
(26)(28) "Water device" means a motorboat, boat, personal watercraft or vessel, water skis, an aquaplane, surfboard, or other similar device.
(27)(29) "Waters of the State" means waters within the territorial limits of the State but not private lakes or ponds.
(28)(30) "Watercraft" means any thing used or capable of being used as a means of transportation on the water but does not include: a seaplane regulated by the federal government, water skis, aquaplanes, surfboards, windsurfers, tubes, rafts, and similar devices or any thing that does not meet construction or operational requirements of the state or federal government for watercraft.
(29)(31) "Wake surf" means to operate a vessel that is ballasted in the stern so as to create a wake that is, or is intended to be, surfed by another person.
SECTION 2. Section 50-21-90 of the S.C. Code is amended to read:
Section 50-21-90. (A) The department is hereby authorized to inaugurate a comprehensive boating safety and boating educational program, and to seek the cooperation of boatmen, the federal government and other states. The department must administer a boating safety education course and may approve of additional boating safety education courses. A list of approved courses must be provided on the department's website.
(B) The following persons must be issued a South Carolina boating safety certificate in both physical and electronic forms by the department:
(1) a person who successfully completes a boating safety education course administered or approved by the department;
(2) a person who provides satisfactory proof to the department that the person was issued a boating safety certificate, or an equivalency, by another state; and
(3) a person who provides satisfactory proof to the department that the person was issued a license to operate a vessel by the United States Coast Guard or was issued a merchant mariner credential by the United States Coast Guard.
(C) The department must approve of one or more boat rental safety education courses to be taken by persons renting a vessel, personal watercraft, or specialty propcraft from businesses engaged in the renting of vessels, personal watercrafts, or specialty propcrafts. A person who completes a boat rental safety education course approved by the department must be issued a boat rental safety certificate in either electronic or physical form in the person's name. A boat rental safety certificate is valid for thirty days from the date of issuance and only while operating a vessel, personal watercraft, or specialty propcraft from a business engaged in the renting of vessels, personal watercrafts, or specialty propcrafts.
(D) The department must maintain a database of all persons issued a South Carolina boating safety certificate.
SECTION 3. Article 1, Chapter 21, Title 50 of the S.C. Code is amended by adding:
Section 50-21-95. (A) It is unlawful for a person to operate upon the waters of this State a vessel powered by an engine of ten horsepower or greater or equivalent to ten horsepower or greater, a personal watercraft, or a specialty propcraft unless the person: (1) was born on or before July 1, 2007;
(2) is in possession of a South Carolina boating safety certificate issued in the person's name or is documented by the department as having been issued a South Carolina boating safety certificate;
(3) is in possession of a license to operate a vessel issued by the United States Coast Guard in the person's name, regardless of the expiration date on the license;
(4) is in possession of a merchant mariner credential issued by the United States Coast Guard in the person's name, regardless of the expiration date on the credential;
(5) is a nonresident in possession of a boating safety certificate, or an equivalency, issued by another state in the nonresident's name;
(6) is operating a vessel, personal watercraft, or specialty propcraft from a business engaged in the renting of vessels, personal watercrafts, or specialty propcrafts and is in possession of a valid boat rental safety certificate issued in the person's name; or
(7) is accompanied by a person at least eighteen years old who meets one of the criteria in items (1) through (5) of this subsection.
(B) A person who is adjudicated to be in violation of this section must be fined not less than fifty dollars and not more than three hundred dollars, no part of which may be suspended. No court costs, assessments, or surcharges may be assessed against a person who violates this section. A custodial arrest for a violation of this section must not be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A violation of this section does not constitute a criminal offense and must not be included in the records maintained by the department or in the records maintained by SLED.
SECTION 4. Section 50-21-870(A) of the S.C. Code is amended to read:
(A) As used in this section:
(1)(a) "Personal watercraft" means a boat less than sixteen feet in length which:
(i) has an outboard motor or an inboard motor which uses an internal combustion engine powering a water jet pump as its primary source of motive propulsion;
(ii) is designed with the concept that the operator and passenger ride on the outside surfaces of the vessel as opposed to riding inside the vessel;
(iii) has the probability that the operator and passenger, in the normal course of use, may fall overboard.
(b) Personal watercraft includes, without limitation, a vessel where the operator and passenger ride on the outside surfaces of the vessel, even if the primary source of motive propulsion is a propeller, and a vessel commonly known as a "jet ski".
(2) "Specialty propcraft" means a vessel which is similar in appearance and operation to a personal watercraft but is powered by an outboard or propeller-driven motor.
(3) "Class 'A' boat" means a motorboat which is less than sixteen feet in length.
(4)(2) "Floating device" includes kneeboards, aqua planes, surfboards, saucers, inner tubes, and other similar equipment.
SECTION 5. Section 50-21-870(B)(9) and (10) of the S.C. Code are amended to read:
(9)(a) operate a personal watercraft, specialty propcraft, or vessel if he is younger than sixteen years of age, unless accompanied by an adult, eighteen years or older, who is not under the influence of alcohol, drugs, or a combination of them. However, a person younger than sixteen years of age may operate a personal watercraft, specialty propcraft, or vessel without being accompanied by an adult if one or more of the following applies:
(i) the person completes a boating safety program as administered by the Department of Natural Resources; or
(ii) the person completes a boating safety program approved by the Department of Natural Resources;
(iii) anyone operating a vessel with less than fifteen horsepower engine will not be required to take the boating safety program.
(b) It is unlawful for a person who has temporary or permanent responsibility for a child to knowingly or wilfully violate item (9) of subsection (B).
(c) The Department of Natural Resources shall promulgate regulations relating to boating safety programs administered by the department or subject to its approval.
(10) wake surf in excess of idle speed within two hundred feet of a moored vessel, wharf, dock, bulkhead, pier, or person in the water.
SECTION 6. 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 7. This act takes effect sixty days after approval by the Governor.
Amend title to conform.
/s/Sen. Campsen /s/Rep. Elliott /s/Sen. Hutto /s/Rep. Henegan /s/Sen. Davis /s/Rep. Wooten On part of the Senate. On part of the House.
Rep. WOOTEN moved to adjourn debate on the Conference Report, which was agreed to.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
(R68) S. 343 (Word version) -- Senators Shealy, Jackson, Hutto and Sabb: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-7-130, RELATING TO DEFINITIONS IN THE STATE HEALTH FACILITY LICENSURE ACT, SO AS TO INCLUDE ALL SHORT-TERM RESIDENTIAL STABILIZATION AND INTENSIVE CRISIS SERVICES IN THE DEFINITION OF CRISIS STABILIZATION UNIT FACILITIES AND TO CHANGE THE AGE OF THE INDIVIDUALS SERVED IN SAME. - RATIFIED TITLE
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments: S. 397 (Word version) -- Senators Shealy, Setzler and Kimbrell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO REPEAL CHAPTER 75, TITLE 44 RELATING TO THE REGULATION OF ATHLETIC TRAINERS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; AND BY ADDING ARTICLE 11, CHAPTER 47, TITLE 40, SO AS TO TRANSFER REGULATORY AUTHORITY OF ATHLETIC TRAINERS TO THE BOARD OF MEDICAL EXAMINERS.
S. 407 (Word version) -- Senators Shealy and Senn: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-53-361(A), RELATING TO PRESCRIPTIONS FOR OPIOID ANTIDOTES, SO AS TO PROVIDE FOR IT TO BE OFFERED CONSISTENT WITH THE EXISTING STANDARD OF CARE AND THE FDA.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3811 (Word version) -- Rep. Elliott: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-6-3585, RELATING TO THE INDUSTRY PARTNERSHIP FUND TAX CREDIT, SO AS TO PROVIDE FOR AN INCREASE IN THE AGGREGATE CREDIT FROM NINE MILLION TO TWELVE MILLION DOLLARS FOR TAX YEARS AFTER 2022.
H. 3425 (Word version) -- Reps. Pope, Thayer, Gilliam, S. Jones, Wooten, B. Newton, McCravy, Lawson, Leber, Atkinson, Forrest, Robbins, Caskey, Crawford, Guest, Blackwell, Landing, Ligon, O'Neal, Hixon, M. M. Smith and Rivers: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 9-11-90, RELATING TO THE EARNINGS LIMITATION UPON RETURN TO COVERED EMPLOYMENT IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT THE EARNINGS LIMITATION DOES NOT APPLY IN CERTAIN CIRCUMSTANCES; AND BY AMENDING SECTION 9-1-1790, RELATING TO THE EARNINGS LIMITATION UPON RETURN TO COVERED EMPLOYMENT IN THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT THE EARNINGS LIMITATION DOES NOT APPLY IN CERTAIN CIRCUMSTANCES. H. 3880 (Word version) -- Reps. M. M. Smith, Herbkersman, Davis, Elliott, B. J. Cox, B. L. Cox and Pace: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-21-2420, RELATING TO THE ADMISSIONS TAX, SO AS TO PROVIDE THAT NO TAX MAY BE CHARGED OR COLLECTED ON ANNUAL OR MONTHLY DUES PAID TO A GOLF CLUB.
The Senate Amendments to the following Bill were taken up for consideration:
(R85) H. 3890 (Word version) -- Reps. Rose, Murphy, Brewer, Mitchell, Robbins, Schuessler, Guest, King and B. Newton: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 22-5-920, RELATING TO YOUTHFUL OFFENDER ELIGIBILITY FOR EXPUNGEMENT OF CERTAIN OFFENSES, SO AS TO ALLOW EXPUNGEMENT FOR CONVICTIONS INVOLVING A DRIVING UNDER SUSPENSION OFFENSE OR A DISTURBING SCHOOLS OFFENSE. - RATIFIED TITLE
Rep. J. E. JOHNSON explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bauer Beach Bernstein Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Cromer Davis Dillard Elliott Erickson Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guffey Haddon Hager Hardee Harris Hartnett Hayes Henderson-Myers Henegan Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones W. Jones Jordan Kilmartin King Kirby Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McDaniel McGinnis Mitchell J. Moore T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pedalino Pendarvis Robbins Rose Rutherford Sandifer Schuessler Sessions M. M. Smith Stavrinakis Taylor Tedder Trantham Vaughan Wetmore Wheeler White Whitmire Williams Wooten Yow
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration: (R86) H. 4049 (Word version) -- Reps. Sandifer, Anderson, West, McGinnis, Hardee, Brittain, Neese, W. Newton and Caskey: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 33-7-101, 33-31-701, 33-7-102, AND 33-31-702, ALL RELATING TO MEETINGS, SO AS TO ALLOW FOR REMOTE COMMUNICATION. - RATIFIED TITLE
Rep. SANDIFER explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bauer Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Clyburn Cobb-Hunter Collins Connell B. J. Cox Cromer Davis Dillard Elliott Erickson Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guffey Haddon Hager Hardee Harris Hartnett Hayes Henderson-Myers Henegan Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones W. Jones Jordan Kilmartin King Kirby Landing Lawson Leber Ligon Long Lowe Magnuson May McCravy McDaniel McGinnis Mitchell J. Moore T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Pendarvis Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions M. M. Smith Stavrinakis Taylor Tedder Trantham Vaughan Wetmore Wheeler White Whitmire Williams Wooten Yow
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
S. 330 (Word version) -- Senators Rankin, Alexander, Verdin and Garrett: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-11-740, RELATING TO MALICIOUS INJURY TO TELEGRAPH, TELEPHONE, OR ELECTRIC UTILITY SYSTEM, SO AS TO ADD TIERED PENALTIES FOR DAMAGE TO A UTILITY SYSTEM.
Rep. J. E. JOHNSON explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Anderson Atkinson Bailey Ballentine Bamberg Bauer Beach Bernstein Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Cromer Davis Dillard Elliott Erickson Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guffey Haddon Hager Hardee Harris Hartnett Hayes Henderson-Myers Henegan Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones W. Jones Jordan Kilmartin Kirby Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McDaniel McGinnis Mitchell J. Moore T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions M. M. Smith Stavrinakis Taylor Tedder Trantham Vaughan Wetmore Wheeler White Whitmire Williams Wooten Yow
The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.
The Senate Amendments to the following Bill were taken up for consideration: H. 3728 (Word version) -- Reps. Felder, A. M. Morgan, Leber, Magnuson, Haddon, Harris, Taylor, S. Jones, Landing, McCravy, Lowe, Jordan, Bradley, Herbkersman, Bannister, W. Newton, Elliott, B. J. Cox, Willis, Hewitt, West, Long, Burns and T. A. Morgan: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA TRANSPARENCY AND INTEGRITY IN EDUCATION ACT"; BY ADDING ARTICLE 5 TO CHAPTER 29, TITLE 59 SO AS TO EXPRESS RELATED INTENTIONS OF THE GENERAL ASSEMBLY, TO PROVIDE NECESSARY DEFINITIONS, TO PROHIBIT CERTAIN CONCEPTS FROM BEING INCLUDED IN PUBLIC SCHOOL INSTRUCTION AND PROFESSIONAL DEVELOPMENT, TO PROVIDE MEANS FOR ADDRESSING VIOLATIONS, AND TO PROVIDE PROCEDURES FOR PUBLIC REVIEW OF PUBLIC SCHOOL CURRICULUM AND INSTRUCTIONAL MATERIALS; AND BY AMENDING SECTION 59-28-180, RELATING TO PARENTAL EXPECTATIONS IN THE PARENTAL INVOLVEMENT IN THEIR CHILDREN'S EDUCATION ACT, SO AS TO PROVIDE PARENTS ARE EXPECTED TO BE THE PRIMARY SOURCE OF THE EDUCATION OF THEIR CHILDREN REGARDING MORALS, ETHICS, AND CIVIC RESPONSIBILITY, AND TO PROVIDE A PARENTAL PLEDGE OF EXPECTATIONS MUST BE PROVIDED TO PARENTS AS PART OF THE REGISTRATION AND ENROLLMENT PROCESS.
Rep. B. NEWTON moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration: (R80) H. 3433 (Word version) -- Reps. Hixon and W. Newton: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY REPEALING SECTION 50-5-2545 RELATING TO POINTS AND SUSPENSIONS PRIOR TO THE MARINE RESOURCES ACT OF 2000; BY REPEALING SECTION 50-9-1160 RELATING TO JUDICIAL REVIEW OF A SUSPENSION OF HUNTING AND FISHING PRIVILEGES; BY AMENDING SECTION 50-5-2510, RELATING TO THE SUSPENSION OF SALTWATER PRIVILEGES FOR THE ACCUMULATION OF POINTS, SO AS TO CHANGE THE METHOD FOR THE NOTICE OF SUSPENSION; BY AMENDING SECTION 50-5-2515, RELATING TO THE NOTICE OF SUSPENSION OF SALTWATER PRIVILEGES, SO AS TO ALLOW FOR WRITTEN NOTICE BY UNITED STATES MAIL; BY AMENDING SECTION 50-9-1140, RELATING TO THE SUSPENSION OF HUNTING AND FISHING PRIVILEGES, SO AS TO CHANGE THE METHOD FOR THE NOTICE OF SUSPENSION; AND BY AMENDING SECTION 50-9-1150, RELATING TO THE NOTICE OF SUSPENSION OF HUNTING AND FISHING PRIVILEGES, SO AS TO ALLOW FOR WRITTEN NOTICE BY UNITED STATES MAIL AND TO PROVIDE FOR A METHOD OF APPEAL. - RATIFIED TITLE
Rep. HIXON explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bauer Beach Bernstein Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Cromer Davis Dillard Elliott Erickson Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guffey Haddon Hager Hardee Hartnett Hayes Henderson-Myers Henegan Hiott Hixon Hosey Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones W. Jones Jordan Kilmartin Kirby Landing Lawson Leber Ligon Long Magnuson McCabe McCravy McDaniel McGinnis Mitchell J. Moore T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pendarvis Robbins Rose Rutherford Sandifer Schuessler Sessions M. M. Smith Stavrinakis Taylor Tedder Trantham Vaughan Wetmore Wheeler White Whitmire Williams Wooten Yow
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The motion period was dispensed with on motion of Rep. FORREST.
The following Bill was taken up, cloture having been ordered:
S. 474 (Word version) -- Senators Grooms, Massey, Kimbrell and Adams: A BILL TO AMEND ARTICLE 6, CHAPTER 41, TITLE 44 OF THE SOUTH CAROLINA CODE OF LAWS, RELATING TO THE FETAL HEARTBEAT AND PROTECTION FROM ABORTION ACT, SO AS TO PROVIDE THAT ABORTIONS MAY NOT BE PERFORMED IN THIS STATE AFTER A FETAL HEARTBEAT HAS BEEN DETECTED EXCEPT IN CASES OF RAPE OR INCEST DURING THE FIRST TWELVE WEEKS OF PREGNANCY, IN MEDICAL EMERGENCIES, OR IN LIGHT OF A FATAL FETAL ANOMALY; TO DEFINE NECESSARY TERMS; TO REPEAL SECTION 2 OF ACT 1 OF 2021; TO REPEAL SECTIONS 44-41-10 AND 44-41-20 OF THE S.C. CODE; AND TO REPEAL ARTICLE 5, CHAPTER 41, TITLE 44 OF THE S.C. CODE SUBJECT TO CERTAIN CONDITIONS.
The Committee on Judiciary proposed the following Amendment No. 1 to S. 474 (Word version) (LC-474.VR1073H), which was adopted:
Amend the bill, by striking all after the enacting words and inserting:
SECTION 1. The General Assembly hereby finds all of the following:
(1) A fetal heartbeat is a key medical predictor that an unborn child will reach live birth.
(2) Cardiac activity begins at a biologically identifiable moment in time, normally when the fetal heart is formed in the gestational sac.
(3) The State of South Carolina has a compelling interest from the outset of a woman's pregnancy in protecting the health of the woman and the life of the unborn child.
SECTION 2. Article 6, Chapter 41, Title 44 of the S.C. Code is amended to read:
Article 6
Fetal Heartbeat and Protection from Abortion
Section 44-41-610. As used in this article:
(1) "Conception" means fertilization.
(2) "Contraceptive" means a drug, device, or chemical that prevents conception.
(3) "Fetal heartbeat" means cardiac activity, or the steady and repetitive rhythmic contraction of the fetal heart, within the gestational sac.
(4) "Gestational age" means the age of an unborn human individual as calculated from the first day of the last menstrual period of a pregnant woman.
(5) "Gestational sac" means the structure that comprises the extraembryonic membranes that envelop the human fetus and that is typically visible by ultrasound after the fourth week of pregnancy.
(6) "Human fetus" or "unborn child" each means an individual organism of the species homo sapiens from fertilization until live birth.
(7) "Intrauterine pregnancy" means a pregnancy in which a human fetus is attached to the placenta within the uterus of a pregnant woman.
(8) "Medical emergency" means a condition that, by any reasonable medical judgment, so complicates the medical condition of a pregnant woman that it necessitates the immediate abortion of her pregnancy to avert her death without first determining whether there is a detectable fetal heartbeat or for which the delay necessary to determine whether there is a detectable fetal heartbeat will create serious risk of a substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. A condition must not be considered a medical emergency 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 and irreversible physical impairment of a major bodily function.
(9) "Physician" means any person licensed to practice medicine and surgery, or osteopathic medicine and surgery, in this State.
(10) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
(11) "Spontaneous miscarriage" means the natural or accidental termination of a pregnancy and the expulsion of the human fetus, typically caused by genetic defects in the human fetus or physical abnormalities in the pregnant woman.As used in 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 child. Such use, prescription, or means is not an abortion if done with the intent to save the life or preserve the health of the unborn child, or to remove a dead unborn child.
(2) "Clinically diagnosable pregnancy" means the point in time when it is possible to determine that a woman is pregnant due to the detectible presence of human chorionic gonadotropin (hCG).
(3) "Conception" means fertilization of an ovum by sperm.
(4) "Contraceptive" means a drug, device, or chemical that prevents ovulation, conception, or the implantation of a fertilized ovum in a woman's uterine wall after conception.
(5) "Fatal fetal anomaly" means that, in reasonable medical judgment, the unborn child has a profound and irremediable congenital or chromosomal anomaly that, with or without the provision of life-preserving treatment, would be incompatible with sustaining life after birth.
(6) "Fetal heartbeat" means cardiac activity, or the steady and repetitive rhythmic contraction of the fetal heart, within the gestational sac.
(7) "Gestational age" means the age of an unborn child as calculated from the first day of the last menstrual period of a pregnant woman. (8) "Gestational sac" means the structure that comprises the extraembryonic membranes that envelop the unborn child and that is typically visible by ultrasound after the fourth week of pregnancy.
(9) "Medical emergency" means in reasonable medical judgment, a condition exists that has complicated the pregnant woman's medical condition and necessitates an abortion to prevent death or serious risk of a substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. A condition must not be considered a medical emergency 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 and irreversible physical impairment of a major bodily function.
(10) "Physician" means a person licensed to practice medicine in this State.
(11) "Pregnant" 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.
(12) "Rape" has the same meaning as criminal sexual conduct, regardless of the degree.
(13) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
(14) "Unborn child" means an individual organism of the species homo sapiens from conception until live birth.
Section 44-41-620. (A) A court judgment or order suspending enforcement of any provision of this chapter is not to be regarded as tantamount to repeal of that provision.
(B) If the United States Supreme Court issues a decision overruling Roe v. Wade, 410 U.S. 113 (Word version) (1973), any other court issues an order or judgment restoring, expanding, or clarifying the authority of states to prohibit or regulate abortion entirely or in part, or an amendment is ratified to the Constitution of the United States restoring, expanding, or clarifying the authority of states to prohibit or regulate abortion entirely or in part, then the Attorney General may apply to the pertinent state or federal court for either or both of the following:
(1) a declaration that any one or more of the statutory provisions specified in subsection (A) are constitutional; or
(2) a judgment or order lifting an injunction against the enforcement of any one or more of the statutory provisions specified in subsection (A).
(C) If the Attorney General fails to apply for relief pursuant to subsection (B) within a thirty-day period after an event described in that subsection occurs, then any solicitor may apply to the appropriate state or federal court for such relief. An abortion may not be performed or induced without the voluntary and informed written consent of the pregnant woman or, in the case of incapacity to consent, the voluntary and informed written consent of her court-appointed guardian, and without compliance with the provisions of Section 44-41-330(A).
Section 44-41-630. (A) An abortion provider who is to perform or induce an abortion, a certified technician, or another agent of the abortion provider who is competent in ultrasonography shall:
(1) perform an obstetric ultrasound on the pregnant woman, using whichever method the physician and pregnant woman agree is best under the circumstances;
(2) during the performance of the ultrasound, display the ultrasound images so that the pregnant woman may view the images; and
(3) record a written medical description of the ultrasound images of the unborn child's fetal heartbeat, if present and viewable.
(B) Except as provided in Section 44-41-640, Section 44-41-650, and Section 44-41-660, no person shall perform or induce an abortion on a pregnant woman with the specific intent of causing or abetting an abortion if the unborn child's fetal heartbeat has been detected in accordance with Section 44-41-330(A). A person who violates this subsection is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned for not more than two years, or both.
Section 44-41-640. If a pregnancy is at least eight weeks after fertilization, then the abortion provider who is to perform or induce an abortion, or an agent of the abortion provider, shall tell the woman that it may be possible to make the embryonic or fetal heartbeat of the unborn child audible for the pregnant woman to hear and shall ask the woman if she would like to hear the heartbeat. If the woman would like to hear the heartbeat, then the abortion provider shall, using whichever method the physician and patient agree is best under the circumstances, make the fetal heartbeat of the unborn child audible for the pregnant woman to hear.(A) It is not a violation of Section 44-41-630 if an abortion is performed or induced on a pregnant woman due to a medical emergency or is performed to prevent the death of the pregnant woman or to prevent the serious risk of a substantial and irreversible impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman.
(B)(1) Section 44-41-630 does not apply to a physician who performs or induces an abortion if the physician determines according to standard medical practice that a medical emergency exists or is performed to prevent the death of the pregnant woman or to prevent the serious risk of a substantial or irreversible impairment of a major bodily function, not including psychological or emotional conditions, that prevents compliance with the section.
(2) A physician who performs or induces an abortion on a pregnant woman based on the exception in item (1) shall make written notations in the pregnant woman's medical records of the following:
(a) the physician's belief that a medical emergency necessitating the abortion existed;
(b) the medical condition of the pregnant woman that assertedly prevented compliance with Section 44-41-630; and
(c) the medical rationale to support the physician's or person's conclusion that the pregnant woman's medical condition necessitated the immediate abortion of her pregnancy to avert her death and a medical emergency necessitating the abortion existed.
(3) A physician performing a medical procedure pursuant to item (1) shall make reasonable medical efforts under the circumstances to preserve the life of the pregnant woman's unborn child, to the extent that it does not risk the death of the pregnant woman or the serious risk of a substantial and irreversible 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 practices. A medical procedure shall not be considered necessary if it is performed based upon a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in a substantial physical impairment of a major bodily function.
(4)(a) For at least seven years from the date the notations are made in the pregnant woman's medical records, the physician owner of the pregnant woman's medical records shall maintain a record of the notations in his own records a copy of the notations.
(b) A person, if he is the owner of the pregnant woman's medical records, who violates this subsection is guilty of a felony and must be fined up to ten thousand dollars, imprisoned for not more than two years, or both.
(c) An entity with ownership of the pregnant woman's medical records that violates item (3) must be fined up to fifty thousand dollars. (C)(1) It is not a violation of Section 44-41-630 for a physician to perform a medical procedure necessary in his reasonable medical judgment to prevent the death of a pregnant woman or the serious risk of a substantial and irreversible physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions.
(2) It is presumed that the following medical conditions constitute a risk of death or serious risk of a substantial and irreversible physical impairment of a major bodily function of a pregnant woman, not including psychological or emotional conditions: 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 that it does not adversely affect the life or physical health of the pregnant woman, and in a manner that is consistent with reasonable medical practice. The enumeration of the medical conditions in this item is not intended to exclude or abrogate other conditions that satisfy the exclusions contained in item (1) or prevent other procedures that are not included in the definition of abortion.
(3) A physician who performs a medical procedure pursuant to item (1) shall declare, in a written document maintained with the woman's medical records, that the medical procedure was necessary, the woman's medical condition necessitating the procedure, the physician's rationale for his conclusion that the procedure was necessary, and that all reasonable efforts were made to save the unborn child in the event it was living prior to the procedure. The declaration required by this item must be placed in the woman's medical records not later than thirty days after the procedure was completed. A physician's exercise of reasonable medical judgment in relation to a medical procedure undertaken pursuant to this subsection is presumed to be within the applicable standard of care.
(D) Medical treatment provided to a pregnant woman by a physician which results in the accidental or unintentional injury or death of her unborn child is not a violation of Section 44-41-630.
(E) It is not a violation of Section 44-41-630 to use, sell, or administer 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's instructions and is not used, sold, prescribed or administered to cause or induce an abortion.
Section 44-41-650. (A) Except as provided in Section 44-41-660, no person shall perform, induce, or attempt to perform or induce an abortion on a pregnant woman before a physician determines in accordance with Section 44-41-630 whether the human fetus the pregnant woman is carrying has a detectable fetal heartbeat.
(B) A person who violates subsection (A) is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned not more than two years, or both. (A) A physician may perform, induce, or attempt to perform or induce an abortion on a pregnant woman after the fetal heartbeat has been detected in accordance with Section 44-41-630 if:
(1) the pregnancy is the result of rape, and the probable gestational age of the unborn child is not more than twelve weeks; or
(2) the pregnancy is the result of incest, and the probable gestational age of the unborn child is not more than twelve weeks.
(B) A physician who performs or induces an abortion on a pregnant woman based on an exception contained in this section 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, the physician who performs or induces an abortion based on 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 notified the sheriff of the allegation of rape or incest in a timely manner, and that the woman was notified prior to the abortion that the physician would notify the sheriff of the allegation of rape or incest.
(C) A person who violates this section is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned for not more than two years, or both.
Section 44-41-660. (A) Section 44-41-650 does not apply to a physician who performs or induces an abortion if the physician determines according to standard medical practice that a medical emergency exists that prevents compliance with the section.
(B) A physician who performs or induces an abortion on a pregnant woman based on the exception in subsection (A) shall make written notations in the pregnant woman's medical records of the following:
(1) the physician's belief that a medical emergency necessitating the abortion existed;
(2) the medical condition of the pregnant woman that assertedly prevented compliance with Section 44-41-650; and
(3) the medical rationale to support the physician's conclusion that the pregnant woman's medical condition necessitated the immediate abortion of her pregnancy to avert her death.
(C) For at least seven years from the date the notations are made, the physician shall maintain in his own records a copy of the notations.(A) It is not a violation of Section 44-41-630 if an abortion is performed or induced on a pregnant woman due to the existence of a fatal fetal anomaly. Section 44-41-630 does not apply to a physician who performs or induces an abortion if the physician or person determines according to standard medical practice that there exists a fatal fetal anomaly.
(B)(1) A person who performs or induces an abortion based upon the existence of a fatal fetal anomaly shall make written notations in the pregnant woman's medical records of:
(a) the presence of a fatal fetal anomaly;
(b) the nature of the fatal fetal anomaly;
(c) the medical rationale for making the determination that with or without the provision of life-preserving treatment life after birth would be unsustainable.
(2) For at least seven years from the date the notations are made in the woman's medical records, the owner of the pregnant woman's medical records shall maintain a record of the notations.
(C) A person who violates this section is guilty of a felony and, upon conviction, must be fined up to ten thousand dollars, imprisoned for not more than two years, or both.
(D) An entity with ownership of the pregnant woman's medical records that violates item (2) must be fined up to fifty thousand dollars.
Section 44-41-670. A physician is not in violation of Section 44-41-650 if the physician acts in accordance with Section 44-41-630 and the method used to test for the presence of a fetal heartbeat does not reveal a fetal heartbeat.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, or conspiring to commit 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 44-41-680. (A) Except as provided in subsection (B), no person shall perform, induce, or attempt to perform or induce an abortion on a pregnant woman with the specific intent of causing or abetting the termination of the life of the human fetus the pregnant woman is carrying and whose fetal heartbeat has been detected in accordance with Section 44-41-630.
(B) A physician may perform, induce, or attempt to perform or induce an abortion on a pregnant woman after a fetal heartbeat has been detected in accordance with Section 44-41-630 only if:
(1) the pregnancy is the result of rape, and the probable post-fertilization age of the fetus is fewer than twenty weeks;
(2) the pregnancy is the result of incest, and the probable post-fertilization age of the fetus is fewer than twenty weeks;
(3) the physician is acting in accordance with Section 44-41-690; or
(4) there exists a fetal anomaly, as defined in Section 44-41-430.
(C) A physician who performs or induces an abortion on a pregnant woman based on the exception in either subsection (B)(1) or (2) 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.
(D) A person who violates subsection (A) is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned not more than two years, or both.(A) In addition to all other remedies available under common or statutory law, failure to comply with the requirements of this article shall provide the basis for a civil action further described in this section.
(B) A pregnant woman upon whom an abortion has been performed, induced, or coerced in violation of this article may maintain an action against the person who violated this article for actual and punitive damages. In addition to all other damages, and separate and distinct from all other damages, a plaintiff is entitled to statutory damages of ten thousand dollars for each violation of this article to be imposed on each defendant found to have violated this article.
(C) A separate and distinct cause of action for injunctive relief against any person who has violated this article may be maintained by:
(1) the woman upon whom the abortion was performed or induced in violation of this article;
(2) the parent or guardian of the pregnant woman if she had not attained the age of eighteen years at the time of the abortion or died as a result of the abortion;
(3) a solicitor or prosecuting attorney with proper jurisdiction; or
(4) the Attorney General.
(D) If a plaintiff prevails in an action initiated pursuant to this section the court shall award the plaintiff reasonable costs and attorney's fees.
(E) No damages, costs, or attorney's fees may be assessed against the woman upon whom an abortion was performed or induced.
(F) Under no circumstances may civil damages be awarded to a plaintiff if the pregnancy resulted from the plaintiff's criminal conduct.
(G) A civil cause of action pursuant to this section must be brought within three years of the date of the abortion and is not subject to the limitations and requirements contained in Chapter 79, Title 15.
Section 44-41-690. (A) Section 44-41-680 does not apply to a physician who performs a medical procedure that, by any reasonable medical judgment, is designed or intended to prevent the death of the pregnant woman or to prevent the serious risk of a substantial and irreversible impairment of a major bodily function of the pregnant woman.
(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 or to prevent the serious risk of a substantial and irreversible physical impairment of a major bodily function of the pregnant woman. 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 or to prevent the serious risk of a substantial and irreversible impairment of a major bodily function of the pregnant woman.
(C) A physician who performs a medical procedure as described in subsection (A) shall place the written document required by subsection (B) in the pregnant woman's medical records. For at least seven years from the date the document is created, the physician shall maintain a copy of the document in his own records.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 on abortion contained in this article commits an act of unprofessional conduct. A physician's license to practice in this State immediately shall be revoked by the State Board of Medical Examiners, after due process according to the board's rules and procedures. Any other licensed person's professional license shall be immediately revoked by the appropriate licensing board, after due process according to that board's rules and procedures. A complaint may be originated by any person or by the board sua sponte. A licensing board acting pursuant to this section may assess costs of the investigation, fines, and other disciplinary actions as it may deem appropriate.
Section 44-41-700. A physician is not in violation of Section 44-41-680 if the physician acts in accordance with Section 44-41-630 and the method used to test for the presence of a fetal heartbeat does not reveal a fetal heartbeat.
Section 44-41-710. This article must not be construed to repeal, by implication or otherwise, Section 44-41-20 or any otherwise applicable provision of South Carolina law regulating or restricting abortion. An abortion that complies with this article but violates the provisions of Section 44-41-20 or any otherwise applicable provision of South Carolina law must be considered unlawful as provided in such provision. An abortion that complies with the provisions of Section 44-41-20 or any otherwise applicable provision of South Carolina law regulating or restricting abortion but violates this article must be considered unlawful as provided in this article. 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 44-41-720. Nothing in this article prohibits the sale, use, prescription, or administration of a drug, device, or chemical that is designed for contraceptive purposes.
Section 44-41-730. 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 44-41-740. (A) A woman who meets any one or more of the following criteria may file a civil action in a court of competent jurisdiction:
(1) a woman on whom an abortion was performed or induced in violation of this article; or
(2) a woman on whom an abortion was performed or induced who was not given the information provided in Section 44-41-330.
(B) A woman who prevails in an action filed pursuant to subsection (A) shall receive the following from the person who committed the act or acts described in subsection (A):
(1) damages in an amount equal to ten thousand dollars or an amount determined by the trier of fact after consideration of the evidence; and
(2) court costs and reasonable attorney's fees.
(C) If the defendant in an action filed pursuant to subsection (A) prevails and the court finds that the commencement of the action constitutes frivolous conduct and that the defendant was adversely affected by the frivolous conduct, then the court shall award reasonable attorney's fees to the defendant; provided, however, that a conclusion of frivolousness cannot rest upon the unconstitutionality of the provision that was allegedly violated.
SECTION 3. Article 1, Chapter 41, Title 44 of the S.C. 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 Sections 44-41-640, 44-41-650, and 44-41-660.
(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 4. Article 3, Chapter 17, Title 63 of the S.C. Code is amended by adding:
Section 63-17-325. (A) 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 5. Article 1, Chapter 71, Title 38 of the S.C. Code is amended by adding:
Section 38-71-146. All individual and group health insurance and health maintenance organization policies in this State shall include coverage for contraceptives. For purposes of this section, "contraceptive" means the same as in Section 44-41-610(4). A contraceptive may prevent ovulation, fertilization, or implantation in the uterus. A contraceptive does not include any drug, device, or medication used with the intent of terminating a pregnancy of a woman known to be pregnant. This section does not apply if an individual or entity asserts a sincerely held religious belief regarding the use of contraception.
SECTION 6. Section 44-41-10 of the S.C. Code is amended to read:
Section 44-41-10. As used in this chapter:
(a) "Abortion" means the use of an instrument, medicine, drug, or other substance or device with intent to terminate the pregnancy of a woman known to be pregnant for reasons other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus. (a) "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 child. Such use, prescription, or means is not an abortion if done with the intent to save the life or preserve the health of the unborn child, or to remove a dead unborn child.
(b) "Physician" means a person licensed to practice medicine in this State.
(c) "Department" means the South Carolina Department of Health and Environmental Control.
(d) "Hospital" means those institutions licensed for hospital operation by the department in accordance with 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.
(e) "Clinic" shall mean any facility other than a hospital as defined in subsection (d) which has been licensed by the Department, and which has also been certified by the Department to be suitable for the performance of abortions.
(f) "Pregnancy" means the condition of a woman carrying a fetus or embryo within her body as the result of conception."Pregnant" 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.
(g) "Conception" means the fecundation of the ovum by the spermatozoa fertilization of an ovum by a sperm.
(h) "Consent" means a signed and witnessed voluntary agreement to the performance of an abortion.
(i) "First trimester of pregnancy" means the first twelve weeks of pregnancy commencing with conception rather than computed on the basis of the menstrual cycle.
(j) "Second trimester of pregnancy" means that portion of a pregnancy following the twelfth week and extending through the twenty-fourth week of gestation. (k) "Third trimester of pregnancy" means that portion of a pregnancy beginning with the twenty-fifth week of gestation.
(l) "Viability" means that stage of human development when the fetus is potentially able to live outside of the mother's womb with or without the aid of artificial life support systems. For the purposes of this chapter, a legal presumption is hereby created that viability occurs no sooner than the twenty-fourth week of pregnancy.
(m) "Minor" means a female under the age of seventeen.
(n)(m) "Emancipated minor" means a minor who is or has been married or has by court order been freed from the care, custody, and control of her parents.
(o)(n) "In loco parentis" means any person over the age of eighteen who has placed himself or herself in the position of a lawful parent by assuming obligations which are incidental to the parental relationship and has so served for a period of sixty days.
SECTION 7. Section 44-41-60 of the S.C. Code is amended to read:
Section 44-41-60. Any abortion performed in this State must be reported by the performing physician on the standard form for reporting abortions to the State Registrar, Department of Health and Environmental Control, within seven days after the abortion is performed. The names of the patient and physician may not be reported on the form or otherwise disclosed to the State Registrar. The form must indicate from whom consent was obtained, circumstances waiving consent, and, if an exception was exercised pursuant to Section 44-41-640, 44-41-650, or 44-41-660, which exception the physician relied upon in performing or inducing the abortion.
SECTION 8. Section 44-41-70(b) of the S.C. 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 9. Section 44-41-80 of the S.C. Code is amended to read:
Section 44-41-80. (a) Any person, except as permitted by this chapter, who provides, supplies, prescribes or administers any drug, medicine, prescription or substance to any woman or uses or employs any device, instrument or other means upon any woman, with the intent to produce an abortion shall be deemed guilty of a felony and, upon conviction, shall be punished by imprisonment for a term of not less than two nor more than five years or fined not more than five thousand dollars, or both. Provided, that the provisions of this item shall not apply to any woman upon whom an abortion has been attempted or performed.
(b) Except as otherwise permitted by this chapter, any woman who solicits of any person or otherwise procures any drug, medicine, prescription or substance and administers it to herself or who submits to any operation or procedure or who uses or employs any device or instrument or other means with intent to produce an abortion, unless it is necessary to preserve her life, shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for a term of not more than two years or fined not more than one thousand dollars, or both.
(c) Any woman upon whom an abortion has been performed or attempted in violation of the provisions of this chapter may be compelled to testify in any criminal prosecution initiated pursuant to subsection (a) of this section; provided, however, that such testimony shall not be admissible in any civil or criminal action against such woman and she shall be forever immune from any prosecution for having solicited or otherwise procured the performance of the abortion or the attempted performance of the abortion upon her.
SECTION 10. Section 44-41-330(A) of the S.C. Code is amended to read:
(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 without the voluntary and informed written consent of the pregnant woman and unless the following conditions have been satisfied:
(1)(a) TheWhile physically present in the same room, the woman must be informed by the physician who is to perform the abortion or by, an allied health professional working in conjunction with the physician, or the referring physician of the procedure to be involved and by the physician who is to perform the abortion of the probable gestational age of the embryo or fetus at the time the abortion is to be performed, including:
(i) the nature and risks of undergoing or not undergoing the proposed procedure that a reasonable patient would consider material to making a knowing and wilful decision of whether to have an abortion;
(ii) the probable gestational age of the unborn child, verified by an ultrasound, at the time the abortion is to be performed;
(iii) the presence of the unborn child's fetal heartbeat, if present and viewable.
(b). If an ultrasound is required to be performed, an abortion may not be performed sooner than sixty minutes following completion of the ultrasound. The ultrasound must be performed by the physician who is to perform the abortion or by a person having documented evidence that he or she is a certified sonographer under South Carolina law and who is working in conjunction with the physician. The physician who is to perform the abortion or an allied health professional working in conjunction with the physician must inform the woman before the ultrasound procedure of her right to view the live ultrasound image images and hear the unborn child's fetal heartbeat, if present, at her request during or after the ultrasound procedure and to have them explained to her.
(c) If the woman accepts the opportunity to view the images and hear the explanation, a physician or a registered nurse, licensed practical nurse, or physician assistant working in conjunction with the physician must contemporaneously review and explain the images to the woman before the woman gives informed consent to having an abortion procedure performed.
(d) The woman has a right to decline to view and hear the explanation of the live ultrasound images after she is informed of her right and offered an opportunity to view the images and hear the explanation. If the woman declines, the woman shall complete a form acknowledging that she was offered an opportunity to view and hear the explanation of the images but that she declined that opportunity. The form also must indicate that the woman's decision was not based on any undue influence from any person to discourage her from viewing the images or hearing the explanation and that she declined of her own free will.
(b)(e) If the physician who intends to perform or induce an abortion on a pregnant woman has determined pursuant to Section 44-41-620, 44-41-630, and 44-41-330(A) that the human fetus unborn child the pregnant woman is carrying has a detectable fetal heartbeat, then that physician shall inform the pregnant woman in writing that the human fetusunborn child the pregnant woman is carrying has a fetal heartbeat. The physician shall further inform the pregnant woman, to the best of the physician's knowledge, of the statistical probability, absent an induced abortion, of bringing the human fetus possessing a detectable fetal heartbeat to term based on the gestational age of the human fetus or, if the director of the department has specified statistical probability information, shall provide to the pregnant woman that information. The department may promulgate regulations that specify information regarding the statistical probability of bringing an unborn child possessing a detectable fetal heartbeat to term based on the gestational age of the unborn child. Any regulations must be based on available medical evidence.
(2) The woman must be presented by the physician who is to perform the abortion or by an allied health professional working in conjunction with the physician a written form containing the following statement: "You have the right to review printed materials prepared by the State of South Carolina which describe fetal development, list agencies which offer alternatives to abortion, and describe medical assistance benefits which may be available for prenatal care, childbirth, and neonatal care. You have the right to view your ultrasound image." This form must be signed and dated by both the physician who is to perform the procedure and the pregnant woman upon whom the procedure is to be performed.
(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 must determine that the written certification prescribed by item (3) of this subsection or the certification required by subsection (D) has been signed. This subsection does not apply in the case where an abortion is performed pursuant to a court order.
SECTION 11. The Public Employee Benefit Authority and the State Health Plan shall cover prescribed contraceptives for dependents under the same terms and conditions that the Plan provides contraceptive coverage for employees and spouses. The State Health Plan shall not apply patient cost sharing provisions to covered contraceptives.
SECTION 12. The President of the Senate, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives have an unconditional right to intervene on behalf of their respective bodies in a state court action and may provide evidence or argument, written or oral, if a party to that court action challenges the constitutionality of this act. In a federal court action that challenges the constitutionality of this act the Legislature may seek to intervene, to file an amicus brief, or to present arguments in accordance with federal rules of procedure. Intervention by the Legislature pursuant to this provision does not limit the duty of the Attorney General to appear and prosecute legal actions or defend state agencies, officers or employees as otherwise provided. In any action in which the Legislature intervenes or participates, the Senate and the House of Representatives shall function independently from each other in the representation of their respective clients.
SECTION 13. A. SECTION 2 of Act 1 of 2021 and Section 44-41-20 of the S.C. Code are repealed.
B. Article 5, Chapter 41, Title 44 of the S.C. Code is repealed. However, if some or all of the provisions contained in SECTION 2 of this act are ever temporarily or permanently restrained or enjoined by judicial order, or are held to be unconstitutional or invalid, then all of the provisions of Article 5, Chapter 41, Title 44 are reenacted retroactively to the date the judicial order either temporarily or permanently restraining or enjoining some or all of the provisions contained in SECTION 2 or declaring some or all of the provisions contained in SECTION 2 unconstitutional or invalid is entered.
SECTION 14. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Rep. JORDAN spoke in favor of the amendment.
Rep. WETMORE spoke against the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Ballentine Bamberg Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan White Whitmire Wooten Yow
Those who voted in the negative are:
Anderson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Wheeler Williams
So, the amendment was adopted.
Rep. BAMBERG moved to reconsider the vote whereby the following amendment was adopted:
The Committee on Judiciary proposed the following Amendment No. 1 to S. 474 (Word version) (LC-474.VR1073H) :
Amend the bill, by striking all after the enacting words and inserting:
SECTION 1. The General Assembly hereby finds all of the following:
(1) A fetal heartbeat is a key medical predictor that an unborn child will reach live birth.
(2) Cardiac activity begins at a biologically identifiable moment in time, normally when the fetal heart is formed in the gestational sac.
(3) The State of South Carolina has a compelling interest from the outset of a woman's pregnancy in protecting the health of the woman and the life of the unborn child.
SECTION 2. Article 6, Chapter 41, Title 44 of the S.C. Code is amended to read:
Article 6
Fetal Heartbeat and Protection from Abortion
Section 44-41-610. As used in this article:
(1) "Conception" means fertilization.
(2) "Contraceptive" means a drug, device, or chemical that prevents conception.
(3) "Fetal heartbeat" means cardiac activity, or the steady and repetitive rhythmic contraction of the fetal heart, within the gestational sac.
(4) "Gestational age" means the age of an unborn human individual as calculated from the first day of the last menstrual period of a pregnant woman.
(5) "Gestational sac" means the structure that comprises the extraembryonic membranes that envelop the human fetus and that is typically visible by ultrasound after the fourth week of pregnancy.
(6) "Human fetus" or "unborn child" each means an individual organism of the species homo sapiens from fertilization until live birth.
(7) "Intrauterine pregnancy" means a pregnancy in which a human fetus is attached to the placenta within the uterus of a pregnant woman.
(8) "Medical emergency" means a condition that, by any reasonable medical judgment, so complicates the medical condition of a pregnant woman that it necessitates the immediate abortion of her pregnancy to avert her death without first determining whether there is a detectable fetal heartbeat or for which the delay necessary to determine whether there is a detectable fetal heartbeat will create serious risk of a substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. A condition must not be considered a medical emergency 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 and irreversible physical impairment of a major bodily function.
(9) "Physician" means any person licensed to practice medicine and surgery, or osteopathic medicine and surgery, in this State.
(10) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
(11) "Spontaneous miscarriage" means the natural or accidental termination of a pregnancy and the expulsion of the human fetus, typically caused by genetic defects in the human fetus or physical abnormalities in the pregnant woman.As used in 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 child. Such use, prescription, or means is not an abortion if done with the intent to save the life or preserve the health of the unborn child, or to remove a dead unborn child.
(2) "Clinically diagnosable pregnancy" means the point in time when it is possible to determine that a woman is pregnant due to the detectible presence of human chorionic gonadotropin (hCG).
(3) "Conception" means fertilization of an ovum by sperm.
(4) "Contraceptive" means a drug, device, or chemical that prevents ovulation, conception, or the implantation of a fertilized ovum in a woman's uterine wall after conception.
(5) "Fatal fetal anomaly" means that, in reasonable medical judgment, the unborn child has a profound and irremediable congenital or chromosomal anomaly that, with or without the provision of life-preserving treatment, would be incompatible with sustaining life after birth.
(6) "Fetal heartbeat" means cardiac activity, or the steady and repetitive rhythmic contraction of the fetal heart, within the gestational sac.
(7) "Gestational age" means the age of an unborn child as calculated from the first day of the last menstrual period of a pregnant woman.
(8) "Gestational sac" means the structure that comprises the extraembryonic membranes that envelop the unborn child and that is typically visible by ultrasound after the fourth week of pregnancy. (9) "Medical emergency" means in reasonable medical judgment, a condition exists that has complicated the pregnant woman's medical condition and necessitates an abortion to prevent death or serious risk of a substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. A condition must not be considered a medical emergency 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 and irreversible physical impairment of a major bodily function.
(10) "Physician" means a person licensed to practice medicine in this State.
(11) "Pregnant" 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.
(12) "Rape" has the same meaning as criminal sexual conduct, regardless of the degree.
(13) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
(14) "Unborn child" means an individual organism of the species homo sapiens from conception until live birth.
Section 44-41-620. (A) A court judgment or order suspending enforcement of any provision of this chapter is not to be regarded as tantamount to repeal of that provision.
(B) If the United States Supreme Court issues a decision overruling Roe v. Wade, 410 U.S. 113 (Word version) (1973), any other court issues an order or judgment restoring, expanding, or clarifying the authority of states to prohibit or regulate abortion entirely or in part, or an amendment is ratified to the Constitution of the United States restoring, expanding, or clarifying the authority of states to prohibit or regulate abortion entirely or in part, then the Attorney General may apply to the pertinent state or federal court for either or both of the following:
(1) a declaration that any one or more of the statutory provisions specified in subsection (A) are constitutional; or
(2) a judgment or order lifting an injunction against the enforcement of any one or more of the statutory provisions specified in subsection (A).
(C) If the Attorney General fails to apply for relief pursuant to subsection (B) within a thirty-day period after an event described in that subsection occurs, then any solicitor may apply to the appropriate state or federal court for such relief. An abortion may not be performed or induced without the voluntary and informed written consent of the pregnant woman or, in the case of incapacity to consent, the voluntary and informed written consent of her court-appointed guardian, and without compliance with the provisions of Section 44-41-330(A).
Section 44-41-630. (A) An abortion provider who is to perform or induce an abortion, a certified technician, or another agent of the abortion provider who is competent in ultrasonography shall: (1) perform an obstetric ultrasound on the pregnant woman, using whichever method the physician and pregnant woman agree is best under the circumstances;
(2) during the performance of the ultrasound, display the ultrasound images so that the pregnant woman may view the images; and
(3) record a written medical description of the ultrasound images of the unborn child's fetal heartbeat, if present and viewable.
(B) Except as provided in Section 44-41-640, Section 44-41-650, and Section 44-41-660, no person shall perform or induce an abortion on a pregnant woman with the specific intent of causing or abetting an abortion if the unborn child's fetal heartbeat has been detected in accordance with Section 44-41-330(A). A person who violates this subsection is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned for not more than two years, or both.
Section 44-41-640. If a pregnancy is at least eight weeks after fertilization, then the abortion provider who is to perform or induce an abortion, or an agent of the abortion provider, shall tell the woman that it may be possible to make the embryonic or fetal heartbeat of the unborn child audible for the pregnant woman to hear and shall ask the woman if she would like to hear the heartbeat. If the woman would like to hear the heartbeat, then the abortion provider shall, using whichever method the physician and patient agree is best under the circumstances, make the fetal heartbeat of the unborn child audible for the pregnant woman to hear.(A) It is not a violation of Section 44-41-630 if an abortion is performed or induced on a pregnant woman due to a medical emergency or is performed to prevent the death of the pregnant woman or to prevent the serious risk of a substantial and irreversible impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman.
(B)(1) Section 44-41-630 does not apply to a physician who performs or induces an abortion if the physician determines according to standard medical practice that a medical emergency exists or is performed to prevent the death of the pregnant woman or to prevent the serious risk of a substantial or irreversible impairment of a major bodily function, not including psychological or emotional conditions, that prevents compliance with the section.
(2) A physician who performs or induces an abortion on a pregnant woman based on the exception in item (1) shall make written notations in the pregnant woman's medical records of the following:
(a) the physician's belief that a medical emergency necessitating the abortion existed; (b) the medical condition of the pregnant woman that assertedly prevented compliance with Section 44-41-630; and
(c) the medical rationale to support the physician's or person's conclusion that the pregnant woman's medical condition necessitated the immediate abortion of her pregnancy to avert her death and a medical emergency necessitating the abortion existed.
(3) A physician performing a medical procedure pursuant to item (1) shall make reasonable medical efforts under the circumstances to preserve the life of the pregnant woman's unborn child, to the extent that it does not risk the death of the pregnant woman or the serious risk of a substantial and irreversible 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 practices. A medical procedure shall not be considered necessary if it is performed based upon a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in a substantial physical impairment of a major bodily function.
(4)(a) For at least seven years from the date the notations are made in the pregnant woman's medical records, the physician owner of the pregnant woman's medical records shall maintain a record of the notations in his own records a copy of the notations.
(b) A person, if he is the owner of the pregnant woman's medical records, who violates this subsection is guilty of a felony and must be fined up to ten thousand dollars, imprisoned for not more than two years, or both.
(c) An entity with ownership of the pregnant woman's medical records that violates item (3) must be fined up to fifty thousand dollars.
(C)(1) It is not a violation of Section 44-41-630 for a physician to perform a medical procedure necessary in his reasonable medical judgment to prevent the death of a pregnant woman or the serious risk of a substantial and irreversible physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions. (2) It is presumed that the following medical conditions constitute a risk of death or serious risk of a substantial and irreversible physical impairment of a major bodily function of a pregnant woman, not including psychological or emotional conditions: 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 that it does not adversely affect the life or physical health of the pregnant woman, and in a manner that is consistent with reasonable medical practice. The enumeration of the medical conditions in this item is not intended to exclude or abrogate other conditions that satisfy the exclusions contained in item (1) or prevent other procedures that are not included in the definition of abortion.
(3) A physician who performs a medical procedure pursuant to item (1) shall declare, in a written document maintained with the woman's medical records, that the medical procedure was necessary, the woman's medical condition necessitating the procedure, the physician's rationale for his conclusion that the procedure was necessary, and that all reasonable efforts were made to save the unborn child in the event it was living prior to the procedure. The declaration required by this item must be placed in the woman's medical records not later than thirty days after the procedure was completed. A physician's exercise of reasonable medical judgment in relation to a medical procedure undertaken pursuant to this subsection is presumed to be within the applicable standard of care.
(D) Medical treatment provided to a pregnant woman by a physician which results in the accidental or unintentional injury or death of her unborn child is not a violation of Section 44-41-630.
(E) It is not a violation of Section 44-41-630 to use, sell, or administer 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's instructions and is not used, sold, prescribed or administered to cause or induce an abortion.
Section 44-41-650. (A) Except as provided in Section 44-41-660, no person shall perform, induce, or attempt to perform or induce an abortion on a pregnant woman before a physician determines in accordance with Section 44-41-630 whether the human fetus the pregnant woman is carrying has a detectable fetal heartbeat.
(B) A person who violates subsection (A) is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned not more than two years, or both. (A) A physician may perform, induce, or attempt to perform or induce an abortion on a pregnant woman after the fetal heartbeat has been detected in accordance with Section 44-41-630 if:
(1) the pregnancy is the result of rape, and the probable gestational age of the unborn child is not more than twelve weeks; or
(2) the pregnancy is the result of incest, and the probable gestational age of the unborn child is not more than twelve weeks.
(B) A physician who performs or induces an abortion on a pregnant woman based on an exception contained in this section 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, the physician who performs or induces an abortion based on 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 notified the sheriff of the allegation of rape or incest in a timely manner, and that the woman was notified prior to the abortion that the physician would notify the sheriff of the allegation of rape or incest.
(C) A person who violates this section is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned for not more than two years, or both.
Section 44-41-660. (A) Section 44-41-650 does not apply to a physician who performs or induces an abortion if the physician determines according to standard medical practice that a medical emergency exists that prevents compliance with the section.
(B) A physician who performs or induces an abortion on a pregnant woman based on the exception in subsection (A) shall make written notations in the pregnant woman's medical records of the following:
(1) the physician's belief that a medical emergency necessitating the abortion existed;
(2) the medical condition of the pregnant woman that assertedly prevented compliance with Section 44-41-650; and
(3) the medical rationale to support the physician's conclusion that the pregnant woman's medical condition necessitated the immediate abortion of her pregnancy to avert her death.
(C) For at least seven years from the date the notations are made, the physician shall maintain in his own records a copy of the notations.(A) It is not a violation of Section 44-41-630 if an abortion is performed or induced on a pregnant woman due to the existence of a fatal fetal anomaly. Section 44-41-630 does not apply to a physician who performs or induces an abortion if the physician or person determines according to standard medical practice that there exists a fatal fetal anomaly.
(B)(1) A person who performs or induces an abortion based upon the existence of a fatal fetal anomaly shall make written notations in the pregnant woman's medical records of:
(a) the presence of a fatal fetal anomaly;
(b) the nature of the fatal fetal anomaly;
(c) the medical rationale for making the determination that with or without the provision of life-preserving treatment life after birth would be unsustainable.
(2) For at least seven years from the date the notations are made in the woman's medical records, the owner of the pregnant woman's medical records shall maintain a record of the notations.
(C) A person who violates this section is guilty of a felony and, upon conviction, must be fined up to ten thousand dollars, imprisoned for not more than two years, or both.
(D) An entity with ownership of the pregnant woman's medical records that violates item (2) must be fined up to fifty thousand dollars.
Section 44-41-670. A physician is not in violation of Section 44-41-650 if the physician acts in accordance with Section 44-41-630 and the method used to test for the presence of a fetal heartbeat does not reveal a fetal heartbeat.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, or conspiring to commit 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 44-41-680. (A) Except as provided in subsection (B), no person shall perform, induce, or attempt to perform or induce an abortion on a pregnant woman with the specific intent of causing or abetting the termination of the life of the human fetus the pregnant woman is carrying and whose fetal heartbeat has been detected in accordance with Section 44-41-630.
(B) A physician may perform, induce, or attempt to perform or induce an abortion on a pregnant woman after a fetal heartbeat has been detected in accordance with Section 44-41-630 only if:
(1) the pregnancy is the result of rape, and the probable post-fertilization age of the fetus is fewer than twenty weeks;
(2) the pregnancy is the result of incest, and the probable post-fertilization age of the fetus is fewer than twenty weeks;
(3) the physician is acting in accordance with Section 44-41-690; or
(4) there exists a fetal anomaly, as defined in Section 44-41-430.
(C) A physician who performs or induces an abortion on a pregnant woman based on the exception in either subsection (B)(1) or (2) 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.
(D) A person who violates subsection (A) is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned not more than two years, or both.(A) In addition to all other remedies available under common or statutory law, failure to comply with the requirements of this article shall provide the basis for a civil action further described in this section.
(B) A pregnant woman upon whom an abortion has been performed, induced, or coerced in violation of this article may maintain an action against the person who violated this article for actual and punitive damages. In addition to all other damages, and separate and distinct from all other damages, a plaintiff is entitled to statutory damages of ten thousand dollars for each violation of this article to be imposed on each defendant found to have violated this article.
(C) A separate and distinct cause of action for injunctive relief against any person who has violated this article may be maintained by:
(1) the woman upon whom the abortion was performed or induced in violation of this article;
(2) the parent or guardian of the pregnant woman if she had not attained the age of eighteen years at the time of the abortion or died as a result of the abortion; (3) a solicitor or prosecuting attorney with proper jurisdiction; or
(4) the Attorney General.
(D) If a plaintiff prevails in an action initiated pursuant to this section the court shall award the plaintiff reasonable costs and attorney's fees.
(E) No damages, costs, or attorney's fees may be assessed against the woman upon whom an abortion was performed or induced.
(F) Under no circumstances may civil damages be awarded to a plaintiff if the pregnancy resulted from the plaintiff's criminal conduct.
(G) A civil cause of action pursuant to this section must be brought within three years of the date of the abortion and is not subject to the limitations and requirements contained in Chapter 79, Title 15.
Section 44-41-690. (A) Section 44-41-680 does not apply to a physician who performs a medical procedure that, by any reasonable medical judgment, is designed or intended to prevent the death of the pregnant woman or to prevent the serious risk of a substantial and irreversible impairment of a major bodily function of the pregnant woman.
(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 or to prevent the serious risk of a substantial and irreversible physical impairment of a major bodily function of the pregnant woman. 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 or to prevent the serious risk of a substantial and irreversible impairment of a major bodily function of the pregnant woman.
(C) A physician who performs a medical procedure as described in subsection (A) shall place the written document required by subsection (B) in the pregnant woman's medical records. For at least seven years from the date the document is created, the physician shall maintain a copy of the document in his own records.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 on abortion contained in this article commits an act of unprofessional conduct. A physician's license to practice in this State immediately shall be revoked by the State Board of Medical Examiners, after due process according to the board's rules and procedures. Any other licensed person's professional license shall be immediately revoked by the appropriate licensing board, after due process according to that board's rules and procedures. A complaint may be originated by any person or by the board sua sponte. A licensing board acting pursuant to this section may assess costs of the investigation, fines, and other disciplinary actions as it may deem appropriate.
Section 44-41-700. A physician is not in violation of Section 44-41-680 if the physician acts in accordance with Section 44-41-630 and the method used to test for the presence of a fetal heartbeat does not reveal a fetal heartbeat.
Section 44-41-710. This article must not be construed to repeal, by implication or otherwise, Section 44-41-20 or any otherwise applicable provision of South Carolina law regulating or restricting abortion. An abortion that complies with this article but violates the provisions of Section 44-41-20 or any otherwise applicable provision of South Carolina law must be considered unlawful as provided in such provision. An abortion that complies with the provisions of Section 44-41-20 or any otherwise applicable provision of South Carolina law regulating or restricting abortion but violates this article must be considered unlawful as provided in this article. 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 44-41-720. Nothing in this article prohibits the sale, use, prescription, or administration of a drug, device, or chemical that is designed for contraceptive purposes.
Section 44-41-730. 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 44-41-740. (A) A woman who meets any one or more of the following criteria may file a civil action in a court of competent jurisdiction:
(1) a woman on whom an abortion was performed or induced in violation of this article; or
(2) a woman on whom an abortion was performed or induced who was not given the information provided in Section 44-41-330.
(B) A woman who prevails in an action filed pursuant to subsection (A) shall receive the following from the person who committed the act or acts described in subsection (A):
(1) damages in an amount equal to ten thousand dollars or an amount determined by the trier of fact after consideration of the evidence; and
(2) court costs and reasonable attorney's fees.
(C) If the defendant in an action filed pursuant to subsection (A) prevails and the court finds that the commencement of the action constitutes frivolous conduct and that the defendant was adversely affected by the frivolous conduct, then the court shall award reasonable attorney's fees to the defendant; provided, however, that a conclusion of frivolousness cannot rest upon the unconstitutionality of the provision that was allegedly violated.
SECTION 3. Article 1, Chapter 41, Title 44 of the S.C. 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 Sections 44-41-640, 44-41-650, and 44-41-660.
(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 4. Article 3, Chapter 17, Title 63 of the S.C. Code is amended by adding:
Section 63-17-325. (A) 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 5. Article 1, Chapter 71, Title 38 of the S.C. Code is amended by adding:
Section 38-71-146. All individual and group health insurance and health maintenance organization policies in this State shall include coverage for contraceptives. For purposes of this section, "contraceptive" means the same as in Section 44-41-610(4). A contraceptive may prevent ovulation, fertilization, or implantation in the uterus. A contraceptive does not include any drug, device, or medication used with the intent of terminating a pregnancy of a woman known to be pregnant. This section does not apply if an individual or entity asserts a sincerely held religious belief regarding the use of contraception.
SECTION 6. Section 44-41-10 of the S.C. Code is amended to read:
Section 44-41-10. As used in this chapter:
(a) "Abortion" means the use of an instrument, medicine, drug, or other substance or device with intent to terminate the pregnancy of a woman known to be pregnant for reasons other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus. (a) "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 child. Such use, prescription, or means is not an abortion if done with the intent to save the life or preserve the health of the unborn child, or to remove a dead unborn child.
(b) "Physician" means a person licensed to practice medicine in this State.
(c) "Department" means the South Carolina Department of Health and Environmental Control.
(d) "Hospital" means those institutions licensed for hospital operation by the department in accordance with 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.
(e) "Clinic" shall mean any facility other than a hospital as defined in subsection (d) which has been licensed by the Department, and which has also been certified by the Department to be suitable for the performance of abortions.
(f) "Pregnancy" means the condition of a woman carrying a fetus or embryo within her body as the result of conception."Pregnant" 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.
(g) "Conception" means the fecundation of the ovum by the spermatozoa fertilization of an ovum by a sperm.
(h) "Consent" means a signed and witnessed voluntary agreement to the performance of an abortion.
(i) "First trimester of pregnancy" means the first twelve weeks of pregnancy commencing with conception rather than computed on the basis of the menstrual cycle.
(j) "Second trimester of pregnancy" means that portion of a pregnancy following the twelfth week and extending through the twenty-fourth week of gestation.
(k) "Third trimester of pregnancy" means that portion of a pregnancy beginning with the twenty-fifth week of gestation.
(l) "Viability" means that stage of human development when the fetus is potentially able to live outside of the mother's womb with or without the aid of artificial life support systems. For the purposes of this chapter, a legal presumption is hereby created that viability occurs no sooner than the twenty-fourth week of pregnancy.
(m) "Minor" means a female under the age of seventeen.
(n)(m) "Emancipated minor" means a minor who is or has been married or has by court order been freed from the care, custody, and control of her parents.
(o)(n) "In loco parentis" means any person over the age of eighteen who has placed himself or herself in the position of a lawful parent by assuming obligations which are incidental to the parental relationship and has so served for a period of sixty days.
SECTION 7. Section 44-41-60 of the S.C. Code is amended to read:
Section 44-41-60. Any abortion performed in this State must be reported by the performing physician on the standard form for reporting abortions to the State Registrar, Department of Health and Environmental Control, within seven days after the abortion is performed. The names of the patient and physician may not be reported on the form or otherwise disclosed to the State Registrar. The form must indicate from whom consent was obtained, circumstances waiving consent, and, if an exception was exercised pursuant to Section 44-41-640, 44-41-650, or 44-41-660, which exception the physician relied upon in performing or inducing the abortion.
SECTION 8. Section 44-41-70(b) of the S.C. 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 9. Section 44-41-80 of the S.C. Code is amended to read:
Section 44-41-80. (a) Any person, except as permitted by this chapter, who provides, supplies, prescribes or administers any drug, medicine, prescription or substance to any woman or uses or employs any device, instrument or other means upon any woman, with the intent to produce an abortion shall be deemed guilty of a felony and, upon conviction, shall be punished by imprisonment for a term of not less than two nor more than five years or fined not more than five thousand dollars, or both. Provided, that the provisions of this item shall not apply to any woman upon whom an abortion has been attempted or performed.
(b) Except as otherwise permitted by this chapter, any woman who solicits of any person or otherwise procures any drug, medicine, prescription or substance and administers it to herself or who submits to any operation or procedure or who uses or employs any device or instrument or other means with intent to produce an abortion, unless it is necessary to preserve her life, shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for a term of not more than two years or fined not more than one thousand dollars, or both.
(c) Any woman upon whom an abortion has been performed or attempted in violation of the provisions of this chapter may be compelled to testify in any criminal prosecution initiated pursuant to subsection (a) of this section; provided, however, that such testimony shall not be admissible in any civil or criminal action against such woman and she shall be forever immune from any prosecution for having solicited or otherwise procured the performance of the abortion or the attempted performance of the abortion upon her.
SECTION 10. Section 44-41-330(A) of the S.C. Code is amended to read:
(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 without the voluntary and informed written consent of the pregnant woman and unless the following conditions have been satisfied:
(1)(a) TheWhile physically present in the same room, the woman must be informed by the physician who is to perform the abortion or by, an allied health professional working in conjunction with the physician, or the referring physician of the procedure to be involved and by the physician who is to perform the abortion of the probable gestational age of the embryo or fetus at the time the abortion is to be performed, including:
(i) the nature and risks of undergoing or not undergoing the proposed procedure that a reasonable patient would consider material to making a knowing and wilful decision of whether to have an abortion;
(ii) the probable gestational age of the unborn child, verified by an ultrasound, at the time the abortion is to be performed;
(iii) the presence of the unborn child's fetal heartbeat, if present and viewable.
(b). If an ultrasound is required to be performed, an abortion may not be performed sooner than sixty minutes following completion of the ultrasound. The ultrasound must be performed by the physician who is to perform the abortion or by a person having documented evidence that he or she is a certified sonographer under South Carolina law and who is working in conjunction with the physician. The physician who is to perform the abortion or an allied health professional working in conjunction with the physician must inform the woman before the ultrasound procedure of her right to view the live ultrasound image images and hear the unborn child's fetal heartbeat, if present, at her request during or after the ultrasound procedure and to have them explained to her.
(c) If the woman accepts the opportunity to view the images and hear the explanation, a physician or a registered nurse, licensed practical nurse, or physician assistant working in conjunction with the physician must contemporaneously review and explain the images to the woman before the woman gives informed consent to having an abortion procedure performed.
(d) The woman has a right to decline to view and hear the explanation of the live ultrasound images after she is informed of her right and offered an opportunity to view the images and hear the explanation. If the woman declines, the woman shall complete a form acknowledging that she was offered an opportunity to view and hear the explanation of the images but that she declined that opportunity. The form also must indicate that the woman's decision was not based on any undue influence from any person to discourage her from viewing the images or hearing the explanation and that she declined of her own free will.
(b)(e) If the physician who intends to perform or induce an abortion on a pregnant woman has determined pursuant to Section 44-41-620, 44-41-630, and 44-41-330(A) that the human fetus unborn child the pregnant woman is carrying has a detectable fetal heartbeat, then that physician shall inform the pregnant woman in writing that the human fetusunborn child the pregnant woman is carrying has a fetal heartbeat. The physician shall further inform the pregnant woman, to the best of the physician's knowledge, of the statistical probability, absent an induced abortion, of bringing the human fetus possessing a detectable fetal heartbeat to term based on the gestational age of the human fetus or, if the director of the department has specified statistical probability information, shall provide to the pregnant woman that information. The department may promulgate regulations that specify information regarding the statistical probability of bringing an unborn child possessing a detectable fetal heartbeat to term based on the gestational age of the unborn child. Any regulations must be based on available medical evidence.
(2) The woman must be presented by the physician who is to perform the abortion or by an allied health professional working in conjunction with the physician a written form containing the following statement: "You have the right to review printed materials prepared by the State of South Carolina which describe fetal development, list agencies which offer alternatives to abortion, and describe medical assistance benefits which may be available for prenatal care, childbirth, and neonatal care. You have the right to view your ultrasound image." This form must be signed and dated by both the physician who is to perform the procedure and the pregnant woman upon whom the procedure is to be performed.
(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 must determine that the written certification prescribed by item (3) of this subsection or the certification required by subsection (D) has been signed. This subsection does not apply in the case where an abortion is performed pursuant to a court order.
SECTION 11. The Public Employee Benefit Authority and the State Health Plan shall cover prescribed contraceptives for dependents under the same terms and conditions that the Plan provides contraceptive coverage for employees and spouses. The State Health Plan shall not apply patient cost sharing provisions to covered contraceptives.
SECTION 12. The President of the Senate, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives have an unconditional right to intervene on behalf of their respective bodies in a state court action and may provide evidence or argument, written or oral, if a party to that court action challenges the constitutionality of this act. In a federal court action that challenges the constitutionality of this act the Legislature may seek to intervene, to file an amicus brief, or to present arguments in accordance with federal rules of procedure. Intervention by the Legislature pursuant to this provision does not limit the duty of the Attorney General to appear and prosecute legal actions or defend state agencies, officers or employees as otherwise provided. In any action in which the Legislature intervenes or participates, the Senate and the House of Representatives shall function independently from each other in the representation of their respective clients.
SECTION 13. A. SECTION 2 of Act 1 of 2021 and Section 44-41-20 of the S.C. Code are repealed.
B. Article 5, Chapter 41, Title 44 of the S.C. Code is repealed. However, if some or all of the provisions contained in SECTION 2 of this act are ever temporarily or permanently restrained or enjoined by judicial order, or are held to be unconstitutional or invalid, then all of the provisions of Article 5, Chapter 41, Title 44 are reenacted retroactively to the date the judicial order either temporarily or permanently restraining or enjoining some or all of the provisions contained in SECTION 2 or declaring some or all of the provisions contained in SECTION 2 unconstitutional or invalid is entered.
SECTION 14. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Rep. MCCRAVY moved to table the motion to reconsider.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan White Whitmire Wooten Yow
Those who voted in the negative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Wheeler Williams
So, the motion to reconsider was tabled.
Rep. Wetmore proposed the following Amendment No. 2 to S. 474 (Word version) (LC-474.VR0362H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by adding:
Section 44-41-625. (A) A physician may perform, induce, or attempt to perform or induce an abortion on a minor who successfully petitions the court for an order granting her the right to obtain an abortion without the consent required in Section 44-41-31(1), and the probable gestational age of the unborn child is not more than twenty weeks, or upon the final disposition of the petition, whichever occurs later.
(B) A physician may perform, induce, or attempt to perform or induce an abortion on a minor upon receiving consent that is obtained in accordance with Section 44-41-31(1), and the probable gestational age of the unborn child is not more than twenty weeks.
Renumber sections to conform.
Amend title to conform.
Rep. WETMORE spoke in favor of the amendment.
Rep. MCCRAVY spoke against the amendment.
Rep. MCCRAVY moved to table the amendment. Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hiott Hixon Hyde S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan White Whitmire Wooten Yow
Those who voted in the negative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby J. Moore Ott Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Wheeler Williams
So, the amendment was tabled.
Rep. BAMBERG moved to recommit the Bill to the Committee on Judiciary.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Ott Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hiott Hixon Hyde S. Jones Jordan Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan White Whitmire Wooten Yow
So, the House refused to recommit the Bill.
Reps. King and Bamberg proposed the following Amendment No. 3 to S. 474 (Word version) (LC-474.SA0093H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the fetus has a fetal anomaly.
Renumber sections to conform.
Amend title to conform.
Rep. BERNSTEIN spoke in favor of the amendment.
Rep. MCCRAVY spoke against the amendment.
Rep. TRANTHAM spoke against the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby Lowe McDaniel J. Moore Ott Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Magnuson May McCabe McCravy McGinnis T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan Wheeler White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 4 to S. 474 (Word version) (LC-474.SA0090H), which was tabled:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) a physician determines, based on his professional medical judgement, that it is the best course of action for that individual patient.
Renumber sections to conform.
Amend title to conform.
Rep. HENDERSON-MYERS spoke in favor of the amendment.
Rep. BEACH moved to table the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hart Hartnett Hayes Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Wheeler Williams
So, the amendment was tabled.
Rep. MCDANIEL moved that the House do now adjourn.
Rep. B. NEWTON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Wheeler Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan White Whitmire Willis Wooten Yow
So, the House refused to adjourn.
Reps Cobb-Hunter and Bauer proposed the following Amendment No. 5 to S. 474 (Word version) (LC-474.VR1075H), which was rejected:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting:
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO SECTION 10, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, RELATING TO PROTECTIONS AGAINST UNREASONABLE SEARCHES AND SEIZURES AND INVASIONS OF PRIVACY, SO AS TO DELETE THE PROTECTION AGAINST UNREASONABLE INVASIONS OF PRIVACY.
SECTION 1. It is proposed that Section 10, Article I of the Constitution of this State be amended to read:
Section 10. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures and unreasonable invasions of privacy shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, the person or thing to be seized, and the information to be obtained. The right of the people against unreasonable invasions of privacy may not be construed so as to provide a person a right to an abortion.
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 10, Article I of the Constitution of this State, relating to protections against unreasonable searches and seizures and invasions of privacy, be amended so as to provide that the right against unreasonable invasions of privacy does not provide a person a right to an abortion?
Yes ?
No ?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 3. This joint resolution takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Alexander Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Ott Pendarvis Rose Rutherford Stavrinakis Tedder Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 6 to S. 474 (Word version) (LC-474.DG0115H), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 1, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-90. The enactment of the provisions of this chapter clearly establishes it is the intent of the General Assembly to waste taxpayer dollars.
Renumber sections to conform.
Amend title to conform.
Rep. BAUER spoke in favor of the amendment.
Rep. MAGNUSON spoke against the amendment.
Rep. ROBBINS moved to table the amendment.
Rep. MCDANIEL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hart Hartnett Hayes Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan Wheeler White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Tedder Wetmore Williams
So, the amendment was tabled.
Rep. Harris proposed the following Amendment No. 7 to S. 474 (Word version) (LC-474.VR0248H), which was tabled:
Amend the bill, by striking all after the enacting words and inserting:
SECTION 1. This act may be cited as the "South Carolina Prenatal Equal Protection Act of 2023".
SECTION 2. The General Assembly finds the following:
Acknowledging the sanctity of innocent human life, created in the image of God, which should be equally protected from fertilization to natural death, the purpose of this act is:
(1) to afford equal protection of the laws to all preborn children from the moment of fertilization;
(2) to comply with the Constitution of the United States, which requires that "no state...shall deny to any person within its jurisdiction the equal protection of the laws," by repealing exceptions that permit wilful prenatal homicide;
(3) to ensure that all persons potentially subject to such laws are entitled to due process protections; and, therefore,
(4) to abolish abortion in this State as a legal act or as a crime separate and distinct from equivalent acts committed against a person who has been born.
SECTION 3.A. Article 1, Chapter 3, Title 16 of the S.C. Code is amended by adding:
Section 16-3-6. (A) As used in this article, "fertilization" means the fusion of a human spermatozoon with a human ovum.
(B) As used in this article, "person" includes an unborn child at every stage of development from fertilization until birth.
B. Article 1, Chapter 3, Title 16 of the S.C. Code is amended by adding:
Section 16-3-105. Where the victim is an unborn child and the defendant is the child's mother, it is a defense to prosecution under this article that the mother engaged in the proscribed conduct because she was compelled to do so by the threat of imminent death or great bodily injury.
Section 16-3-106. In a prosecution under this article where the victim is an unborn child, unless specifically provided otherwise:
(1) enforcement is subject to the same presumptions, defenses, justifications, laws of parties, immunities, and clemencies as would apply to the homicide of a person who had been born alive;
(2) solicitors and the Attorney General shall have concurrent authority to prosecute criminal cases and to perform any duty that necessarily relates to such prosecution; and
(3) this article prevails over other law to the extent of any conflict.
Section 16-3-107. (A) Medical care or treatment provided with the requisite consent by a licensed physician to avert the death of a pregnant woman that results in the accidental or unintentional injury or death of her unborn child when all reasonable alternatives to save the life of the unborn child were attempted or none were available does not constitute a violation of this article. (B) Mistake or unintentional error on the part of a licensed physician or other licensed health care provider or his or her employee or agent or any person acting on behalf of the patient shall not subject the licensed physician or other licensed health care provider or person acting on behalf of the patient to any criminal liability under this article.
(C) Medical care or treatment includes, but is not limited to, ordering, dispensation, or administration of prescribed medications and medical procedures.
Section 16-3-108. Any person may be compelled to testify in any action or prosecution initiated pursuant to this article where the victim is an unborn child; provided, however, that such testimony shall not be admissible in any civil or criminal action against such witness and such witness shall forever be exempt from any prosecution for the act concerning which the witness testifies except a prosecution for perjury.
SECTION 4. Article 7, Chapter 3, Title 16 of the S.C. Code is amended by adding:
Section 16-3-760. (A) As used in this article, "fertilization" means the fusion of a human spermatozoon with a human ovum.
(B) As used in this article, "person" includes an unborn child at every stage of development from fertilization until birth.
Section 16-3-761. Where the victim is an unborn child and the defendant is the child's mother, it is a defense to prosecution under this article that the mother engaged in the proscribed conduct because she was compelled to do so by the threat of imminent death or great bodily injury.
Section 16-3-762. In a prosecution under this article where the victim is an unborn child, unless specifically provided otherwise:
(1) enforcement is subject to the same presumptions, defenses, justifications, laws of parties, immunities, and clemencies as would apply to the assault of a person who had been born alive;
(2) solicitors and the Attorney General shall have concurrent authority to prosecute criminal cases and to perform any duty that necessarily relates to such prosecution; and
(3) this article prevails over other law to the extent of any conflict.
Section 16-3-763. (A) Medical care or treatment provided with the requisite consent by a licensed physician to avert the death of a pregnant woman that results in the accidental or unintentional injury or death of her unborn child when all reasonable alternatives to save the life of the unborn child were attempted or none were available does not constitute a violation of this article. (B) Mistake, or unintentional error on the part of a licensed physician or other licensed health care provider or his or her employee or agent or any person acting on behalf of the patient shall not subject the licensed physician or other licensed health care provider or person acting on behalf of the patient to any criminal liability under this article.
(C) Medical care or treatment includes, but is not limited to, ordering, dispensation, or administration of prescribed medications and medical procedures.
Section 16-3-764. Any person may be compelled to testify in any action or prosecution initiated pursuant to this article where the victim is an unborn child; provided, however, that such testimony shall not be admissible in any civil or criminal action against such witness and such witness shall forever be exempt from any prosecution for the act concerning which the witness testifies except a prosecution for perjury.
SECTION 5. This act is prospective only and shall not apply to conduct committed prior to the effective date of this act.
SECTION 6. Section 16-3-1083, Chapter 41 of Title 44, and any other existing provisions relating to prenatal homicide or assault or regulating abortion or abortion facilities are not repealed but are superseded to the extent that such provisions may conflict with or may be inconsistent with this act.
SECTION 7. This act takes effect upon approval of the Governor.
Renumber sections to conform.
Amend title to conform.
Rep. HARRIS spoke in favor of the amendment.
Rep. MCCRAVY spoke against the amendment.
Rep. J. L. JOHNSON spoke against the amendment.
Rep. B. NEWTON moved to table the amendment.
Rep. HARRIS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Hartnett Hayes Hiott Hixon Hyde J. E. Johnson Jordan Landing Lawson Leber Ligon Lowe Magnuson May McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt Oremus Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan White Whitmire Wooten
Those who voted in the negative are:
Alexander Anderson Bamberg Bauer Bernstein Chumley Clyburn Cobb-Hunter Dillard Garvin Gilliard Harris Hart Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby Long McDaniel J. Moore Ott Pendarvis Rivers Rose Rutherford Tedder Wheeler Williams
So, the amendment was tabled.
Rep. Kirby proposed the following Amendment No. 8 to S. 474 (Word version) (LC-474.DG1080H), which was rejected:
Amend the Bill, as and if amended, SECTION 2, by adding a Section to read:
Section 44-41-697. Each county DHEC office, or equivalent county health department, including those located in a county that does not have a licensed obstetrician gynecologist practicing within the county, must provide a woman seeking healthcare services relating to her pregnancy information on where the closest obstetrician gynecologist is located and assist her with making an appointment with the obstetrician gynecologist.
Renumber sections to conform.
Amend title to conform.
Rep. KIRBY spoke in favor of the amendment.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atkinson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hayes Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Oremus Ott Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Beach Blackwell Bradley Brewer Bustos Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hart Hartnett Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan White Whitmire Wooten Yow
So, the amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 10 to S. 474 (Word version) (LC-474.VR0485H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding:
Section 44-41-696. The South Carolina General Assembly shall establish a fund to be funded annually, with appropriations from the General Fund, to cover the costs of all prenatal care for women seeking but denied an abortion under this article.
Renumber sections to conform.
Amend title to conform.
Rep. MCDANIEL spoke in favor of the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Ott Pendarvis Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 11 to S. 474 (Word version) (LC-474.VR0493H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-610(4) and inserting:
(4) "Contraceptive" means a method, medicine, or device used to prevent pregnancy.
Renumber sections to conform.
Amend title to conform.
Rep. HENEGAN spoke in favor of the amendment.
Rep. KING spoke in favor of the amendment.
Rep. MCDANIEL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Ott Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Hager Hardee Harris Hartnett Hayes Hiott Hixon Hyde S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 12 to S. 474 (Word version) (LC-474.VR0662H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-630(B) and inserting:
(B) Except as provided in Section 44-41-650 or 44-41-660, no person shall perform, induce, or attempt to perform or induce an abortion on a pregnant woman before the determination is made pursuant to subsection (A) whether the unborn child the pregnant woman is carrying has a detectable heartbeat. It is not a violation of this subsection if the requirements contained in subsection (A) have been satisfied and the method used to test for the presence of a fetal heartbeat does not reveal a fetal heartbeat. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars.
Renumber sections to conform.
Amend title to conform.
Rep. HENEGAN spoke in favor of the amendment.
Rep. HART spoke against the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hart Hartnett Hayes Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 13 to S. 474 (Word version) (LC-474.VR1074H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by deleting Section 44-41-650(B).
Renumber sections to conform.
Amend title to conform.
Rep. DILLARD spoke in favor of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Hayes Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. TEDDER moved to commit the Bill to the Committee on Medical, Military, Public and Municipal Affairs.
Rep. B. NEWTON moved to table the motion.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Ott Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Wheeler Williams
Rep. J. L. JOHNSON moved that the House do now adjourn.
Rep. B. NEWTON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Pendarvis Rivers Rose Stavrinakis Tedder Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Kirby Landing Lawson Leber Ligon Long Lowe May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan White Whitmire Willis Wooten Yow
So, the House refused to adjourn.
Rep. MCDANIEL moved that the House recur to the morning hour.
Rep. HIOTT moved to table the motion.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Anderson Bamberg Bauer Bernstein Bustos Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Tedder Wetmore Wheeler Williams
So, the motion to recur to the morning hour was tabled.
Rep. Wetmore proposed the following Amendment No. 14 to S. 474 (Word version) (LC-474.VR0663H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-650(C) and inserting:
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars.
Renumber sections to conform.
Amend title to conform.
Rep. DILLARD spoke in favor of the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Alexander Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Ott Pendarvis Rivers Rose Rutherford Stavrinakis Wetmore Wheeler Williams
Those who voted in the negative are:
Anderson Bailey Ballentine Beach Blackwell Bradley Brewer Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Tedder Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. TEDDER moved to reconsider the vote whereby whereby the following amendment was rejected:
Rep. Wetmore proposed the following Amendment No. 14 to S. 474 (Word version) (LC-474.VR0663H) :
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-650(C) and inserting:
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars.
Renumber sections to conform.
Amend title to conform.
Rep. B. NEWTON moved to table the motion to reconsider.
Rep. BAUER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hart Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
So, the motion to reconsider was tabled.
Rep. Wetmore proposed the following Amendment No. 15 to S. 474 (Word version) (LC-474.VR0664H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-660(B) - (D) and inserting:
(B) A physician or person who performs or induces an abortion based upon the existence of a fatal fetal anomaly shall make written notations in the pregnant woman's medical records of:
(1) the presence of a fatal fetal anomaly;
(2) the nature of the fatal fetal anomaly.
Renumber sections to conform.
Amend title to conform.
Rep. BERNSTEIN spoke in favor of the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Ott Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bustos Calhoon Carter Chapman Collins Connell B. J. Cox Crawford Cromer Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 16 to S. 474 (Word version) (LC-474.VR0446H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-640(B)(4).
Renumber sections to conform.
Amend title to conform.
Rep. DILLARD spoke in favor of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bauer Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Ott Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan White Whitmire Willis Wooten
So, the amendment was rejected.
Rep. KING moved that the House do now adjourn.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Wheeler Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Kirby Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan White Whitmire Willis Wooten Yow
So, the House refused to adjourn.
Rep. Wetmore proposed the following Amendment No. 17 to S. 474 (Word version) (LC-474.VR0452H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding:
Section 44-41-696. Private health insurance plans must cover all medical costs associated with hospital admission incurred to comply with this article including, but not limited to, labor and delivery costs.
Renumber sections to conform.
Amend title to conform.
Rep. HENEGAN spoke in favor of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Hager Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Yow
So, the amendment was rejected.
Rep. HOWARD moved that the House recede until 11:45 p.m.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Ott Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Herbkersman Hewitt Hiott Hixon Howard Hyde J. E. Johnson S. Jones Jordan Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the House refused to recede.
Rep. Wetmore proposed the following Amendment No. 18 to S. 474 (Word version) (LC-474.VR0467H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding:
Section 44-41-696. Private health insurance plans must cover all costs associated with ultrasound and abortion if permitted under this article.
Renumber sections to conform.
Amend title to conform.
Rep. HENEGAN spoke in favor of the amendment. Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Ott Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 19 to S. 474 (Word version) (LC-474.VR0469H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding:
Section 44-41-696. Health insurance plans must cover the costs of additional, medically unnecessary procedures undertaken solely to comply with this article.
Renumber sections to conform.
Amend title to conform.
Rep. MCDANIEL spoke in favor of the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. J. L. JOHNSON moved that the House do now adjourn.
Rep. B. NEWTON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guffey Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Kirby Landing Lawson Leber Ligon Long Lowe May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Ott Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Thayer Trantham White Whitmire Willis Wooten Yow
So, the House refused to adjourn.
Rep. Wetmore proposed the following Amendment No. 20 to S. 474 (Word version) (LC-474.VR0472H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding:
Section 44-41-696. Medicaid Insurance Plans must cover all medical costs associated with hospital expenses incurred to comply with this act including, but not limited, to labor and delivery costs.
Renumber sections to conform.
Amend title to conform.
Rep. MCDANIEL spoke in favor of the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guffey Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Thayer Trantham White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. J. L. JOHNSON moved that the House recede until 11:37 p.m.
Rep. B. NEWTON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Kirby Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the House refused to recede.
Rep. Wetmore proposed the following Amendment No. 21 to S. 474 (Word version) (LC-474.VR0478H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding:
Section 44-41-696. Medicaid Insurance Plans must cover all medical costs associated with ultrasound and abortion if permitted under this article.
Renumber sections to conform.
Amend title to conform.
Rep. KING spoke in favor of the amendment.
Acting SPEAKER HIOTT granted Rep. WHEELER a temporary leave of absence.
Rep. KING continued speaking.
Rep. OTT spoke against the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Jefferson W. Jones Kirby McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 22 to S. 474 (Word version) (LC-474.VR0500H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-610(14) and inserting:
(14) "Unborn child" means an unborn human individual more than eight weeks after conception.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. TRANTHAM spoke against the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Jefferson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guffey Haddon Hager Hardee Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 23 to S. 474 (Word version) (LC-474.VR0541H), which was rejected:
Amend the bill, as and if amended, SECTION 2, Section 44-41-610, by adding an appropriately numbered item at the end to read:
( ) "Severe fetal anomaly" means, in reasonable medical judgment, the unborn child is incompatible with independent and sustained fetal viability.
Renumber sections to conform.
Amend title to conform.
Rep. HENDERSON-MYERS spoke in favor of the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Hart Henderson-Myers Henegan Hosey Jefferson W. Jones King Kirby McDaniel J. Moore Ott Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 24 to S. 474 (Word version) (LC-474.VR0519H), which was rejected:
Amend the bill, as and if amended, SECTION 2, Section 44-41-610, by adding an appropriately numbered item at the end to read:
( ) "Embryo" means a human offspring during the period from approximately the second to eighth week after fertilization.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. OTT spoke against the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. J. L. JOHNSON moved that the House do now adjourn.
Rep. B. NEWTON demanded the yeas and nays which were taken, resulting as follows:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Kirby Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Yow
So, the House refused to adjourn.
Rep. J. L. JOHNSON moved that the House recede until 11:38 p.m.
Rep. B. NEWTON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Hosey J. L. Johnson W. Jones King McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Wetmore
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Kirby Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the House refused to recede.
Rep. Wetmore proposed the following Amendment No. 25 to S. 474 (Word version) (LC-474.VR0560H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-610(3) and inserting:
(3) "Conception" means the fertilization of an ovum by the union of a sperm to create a zygote.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Bustos Calhoon Carter Chapman Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 26 to S. 474 (Word version) (LC-474.VR0605H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-610(6) and inserting:
(6) "Fetal heartbeat" means embryonic or fetal cardiac activity or the steady and repetitive rhythmic contraction of the heart within the gestational sac.
Renumber sections to conform.
AMEND TITLE TO CONFORM.
Rep. BAMBERG spoke in favor of the amendment. Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Calhoon Carter Chapman Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 31 to S. 474 (Word version) (LC-474.VR0636H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-660 and inserting:
Section 44-41-660. (A) It is not a violation of Section 44-41-630 if an abortion is performed or induced on a pregnant woman due to the existence of a severe or fatal fetal anomaly. This article does not apply to a physician or person who performs or induces an abortion if the physician or person determines according to standard medical practice that there exists a severe or fatal fetal anomaly. (B) A physician or person who performs or induces an abortion based upon the existence of a severe or fatal fetal anomaly shall make written notations in the pregnant woman's medical records of:
(1) the presence of a severe or fatal fetal anomaly;
(2) the nature of the severe or fatal fetal anomaly;
(3) the medical rationale for making the determination that with or without the provision of life-preserving treatment life after birth would be unsustainable.
(C) For at least seven years from the date the notations are made in the woman's medical records, the owner of the pregnant woman's medical records shall maintain a record of the notations.
(D) A person, if he is the owner of the pregnant woman's medical records, who violates subsection (B) or (C) is guilty of a felony and, upon conviction, must be fined up to ten thousand dollars, imprisoned for not more than two years, or both.
(E) An entity with ownership of the pregnant woman's medical records that violates subsection (C) must be fined up to fifty thousand dollars.
Renumber sections to conform.
AMEND TITLE TO CONFORM.
Rep. GARVIN spoke in favor of the amendment. Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hayes Hewitt Hiott Hixon Hyde S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 32 to S. 474 (Word version) (LC-474.VR0650H), which was rejected:
Amend the Bill, as and if amended, SECTION 2, by striking Section 44-41-620 and inserting:
Section 44-41-620. Nothing in this article prohibits the sale, use, prescription, or administration of a contraceptive. Contraceptive use is encouraged to prevent unwanted pregnancies.
Renumber sections to conform.
AMEND TITLE TO CONFORM.
Rep. GARVIN spoke in favor of the amendment.
Rep. KING moved that Rule 3.9 be invoked.
Rep. B. NEWTON moved to table the motion.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Stavrinakis Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Tedder Thigpen Wetmore Williams
So. Rule 3.9 was not invoked.
Rep. WETMORE raised the Point of Order that the motion to table the invocation of Rule 3.9 was out of order.
ACTING SPEAKER HIOTT cited the last sentence of rule 3.9 which states that Rule 3.9 may be rescinded by a majority vote of the House. He stated further that rescinding the invocation of the rule included tabling the request to invoke Rule 3.9. He overruled the Point of Order.
Rep. GARVIN continued speaking.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Stavrinakis Tedder Thigpen Wetmore Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Beach Bernstein Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Rose Rutherford Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 34 to S. 474 (Word version) (LC-474.AHB0445H), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 3, Chapter 17, Title 63 of the S.C. Code is amended by adding:
Section 63-17-325. (A) 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.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. MCCRAVY moved to table the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Garvin Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson Jordan Kilmartin King Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis T. Moore A. M. Morgan Moss Neese B. Newton W. Newton O'Neal Oremus Pace Pedalino Robbins Sandifer Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten
Those who voted in the negative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones Kirby McDaniel Mitchell J. Moore Nutt Ott Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
So, the amendment was tabled.
Rep. KING moved to reconsider the vote whereby the following amendment was tabled:
Rep. Wetmore proposed the following Amendment No. 34 to S. 474 (Word version) (LC-474.AHB0445H) :
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 3, Chapter 17, Title 63 of the S.C. Code is amended by adding:
Section 63-17-325. (A) 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.
Renumber sections to conform.
Amend title to conform.
Rep. MCCRAVY moved to table the motion to reconsider.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Ott Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Williams
So, the motion to reconsider was tabled.
Rep. Wetmore proposed the following Amendment No. 35 to S. 474 (Word version) (LC-474.AHB0450H), which was tabled:
Amend the Bill, as and if amended, by adding appropriately numbered SECTION to read:
SECTION X. Under this act, it is the intent of the state to acknowledge that the state values fetal life to a greater degree than a woman's life or the life of a child once born.
Renumber sections to conform.
Amend title to conform.
Rep. GARVIN spoke in favor of the amendment.
Rep. THIGPEN spoke against the amendment.
Rep. ROBBINS moved to table the amendment.
Rep. GARVIN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Clyburn Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Anderson Bamberg Bauer Bernstein Cobb-Hunter Collins Dillard Gilliard Henderson-Myers Hosey Howard Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Rivers Rose Rutherford Tedder Thigpen Wetmore Williams
So, the amendment was tabled.
Rep. Wetmore proposed the following Amendment No. 36 to S. 474 (Word version) (LC-474.AHB0453H), which was rejected:
Amend the Bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. It is the intent of the State to spark costly litigation in hopes that a lawsuit will make it to the U.S. Supreme Court to establish definitively that there are never to be any abortions in this country.
Renumber sections to conform.
Amend title to conform.
Rep. GARVIN spoke in favor of the amendment.
Rep. THIGPEN spoke against the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby J. Moore Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Anderson Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. J. L. JOHNSON moved that the House recede until 6:00 p.m. Rep. B. NEWTON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Howard Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Anderson Bailey Beach Blackwell Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hosey Hyde J. E. Johnson S. Jones Jordan Kilmartin Kirby Landing Lawson Leber Ligon Long Lowe May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the House refused to recede.
Rep. J. L. JOHNSON moved that the House do now adjourn.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Williams
Those who voted in the negative are:
Anderson Atkinson Bailey Ballentine Beach Blackwell Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Kirby Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the House refused to adjourn.
Rep. Wetmore proposed the following Amendment No. 37 to S. 474 (Word version) (LC-474.AHB0456H), which was rejected:
Amend the Bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Notwithstanding another provision of law, a registered nurse shall be an approved provider of an abortion procedure.
Renumber sections to conform.
Amend title to conform.
Rep. HENDERSON-MYERS spoke in favor of the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Anderson Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Kirby Landing Lawson Leber Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 38 to S. 474 (Word version) (LC-474.AHB0460H), which was rejected:
Amend the Bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Notwithstanding another provision of law, physician's assistant shall be an approved provider of an abortion procedure.
Renumber sections to conform.
Amend title to conform.
Rep. HOWARD spoke in favor of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Anderson Atkinson Bailey Ballentine Beach Blackwell Bradley Brewer Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 39 to S. 474 (Word version) (LC-474.AHB0463H), which was rejected:
Amend the Bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Nothing in this act shall be construed to prohibit abortion by a telemedicine provider.
Renumber sections to conform.
Amend title to conform.
Rep. KING spoke in favor of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Anderson Bailey Ballentine Beach Blackwell Bradley Brewer Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. J. L. JOHNSON moved that the House recur to the morning hour.
Rep. B. NEWTON moved to table the motion.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
So, the motion to recur to the morning hour was tabled.
Rep. Wetmore proposed the following Amendment No. 40 to S. 474 (Word version) (LC-474.AHB0470H), which was rejected:
Amend the Bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Nothing in this act constricts the constitutional rights of a woman to choose to have an abortion before viability or to obtain an abortion without undue interference from the State.
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Gagnon Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. BAMBERG raised the Point of Order under Rule 5.13 that S.474 did not contain a fiscal impact statement.
Rep. KING argued in favor of the Point of Order and stated that the fiscal impact in the bill was incomplete and not satisfactory.
ACTING SPEAKER W. NEWTON overruled the Point of Order. He stated that the bill contained a fiscal impact and that it was not his position as Speaker to determine the accuracy or validity of the fiscal impact. Instead, it was the Speaker's responsibility to determine whether a fiscal impact statement existed - as required by the Rule. He overruled the Point of Order.
Rep. J. L. JOHNSON moved that the House do now adjourn. Rep. HEWITT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King J. Moore Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the House refused to adjourn.
Rep. J. L. JOHNSON moved that the House recede until 5:15 p.m.
Rep. HEWITT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hartnett Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the House refused to recede.
Rep. Wetmore proposed the following Amendment No. 41 to S. 474 (Word version) (LC-474.AHB0474H), which was rejected:
Amend the Bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. There shall be created a fund for the purpose of reimbursing any female who must seek an abortion outside this State as a result of this act.
Renumber sections to conform.
Amend title to conform.
Rep. TEDDER spoke in favor of the amendment.
The amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 42 to S. 474 (Word version) (LC-474.AHB0476H), which was rejected:
Amend the Bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. There shall be created a physician's training fund on ultrasound, detection of fetal heartbeats, and other areas necessary to ensure compliance with this act.
Renumber sections to conform.
Amend title to conform.
Rep. TEDDER spoke in favor of the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Bradley Brewer Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 43 to S. 474 (Word version) (LC-474.AHB0480H), which was rejected:
Amend the Bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. All South Carolina citizens who incur income tax liability must receive a $100 tax write-off in the fiscal year following the final disposition of any litigation resulting from any provisions of this act and be unsuccessful in defense thereof.
Renumber sections to conform.
Amend title to conform.
Rep. TEDDER spoke in favor of the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Beach Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. BAMBERG appealed the Ruling of Acting SPEAKER W. NEWTON and Acting SPEAKER W. NEWTON called Acting SPEAKER HIOTT to the Chair as Presiding Officer.
Rep. B. NEWTON moved to table the appeal of the ruling.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Haddon Hager Hardee Harris Hartnett Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Stavrinakis Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Garvin Gilliard Hayes Henderson-Myers Henegan Hosey J. L. Johnson W. Jones King Kirby McDaniel J. Moore Ott Rivers Rose Rutherford Tedder Wetmore Williams
Rep. J. L. JOHNSON moved that the House do now adjourn.
Rep. B. NEWTON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Bernstein Cobb-Hunter Garvin Gilliard Henderson-Myers Hosey Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Ott Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Cromer Davis Elliott Gagnon Gatch Gibson Gilliam Haddon Hager Hardee Harris Hartnett Hayes Hiott Hixon Hyde J. E. Johnson S. Jones Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the House refused to adjourn.
Rep. Wetmore proposed the following Amendment No. 44 to S. 474 (Word version) (LC-474.AHB0486H), which was rejected:
Amend the Bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. The mother and biological father of a fetus may claim the fetus as a dependent for purposes of state tax filings.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. J. L. JOHNSON continued speaking.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Bernstein Calhoon Cobb-Hunter Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Ott Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Burns Bustos Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 45 to S. 474 (Word version) (LC-474.AHB0491H), which was rejected:
Amend the Bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. The mother and biological father of a fetus may start a "529 Future Scholar Account" in accordance with the Future Scholar 529 College Savings Plan implemented by the SC State Treasurer's Office on detection of a fetal heartbeat.
Renumber sections to conform. Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Bernstein Cobb-Hunter Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Ott Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 46 to S. 474 (Word version) (LC-474.AHB0496H), which was rejected:
Amend the Bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Child support will be automatic based on the time a physician determines the existence of a fetal heartbeat.
Renumber sections to conform. Amend title to conform.
Rep. JEFFERSON spoke in favor of the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Bernstein Cobb-Hunter Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Ott Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 47 to S. 474 (Word version) (LC-474.AHB0501H), which was rejected:
Amend the Bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. A male determined to be the father of a child who accumulates more than five thousand dollars in child support arrears and who accumulates such arrearage in a willful manner shall be subject to a term of imprisonment of not less than ten years. Half of any sentence imposed may be suspended upon voluntary consent to a vasectomy. Renumber sections to conform. Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. GARVIN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Bernstein Cobb-Hunter Garvin Gilliard Henderson-Myers Hosey Howard Jefferson J. L. Johnson W. Jones Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Henegan Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin King Kirby Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. J. L. JOHNSON moved that the House recede until 6:15 p.m.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Cobb-Hunter Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Ott Rivers Rose Rutherford Stavrinakis Tedder Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the House refused to recede.
Rep. Wetmore proposed the following Amendment No. 48 to S. 474 (Word version) (LC-474.AHB0503H), which was rejected:
Amend the Bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Once a fetal heartbeat is detected, a pregnant woman is eligible to apply for and receive any and all benefits from the State, including but not limited to the Child Tax Credits, the Child and Dependent Care Tax Credit, and the Earned Income Tax Credit. Renumber sections to conform. Amend title to conform.
Rep. KING spoke in favor of the amendment.
Rep. OTT spoke against the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Cobb-Hunter Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson W. Jones King Kirby McDaniel J. Moore Ott Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 49 to S. 474 (Word version) (LC-474.AHB0509H), which was tabled:
Amend the Bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. If a pregnant woman becomes disabled as a result of carrying the fetus to term, the State shall pay all expenses associated with the woman's disability. Renumber sections to conform. Amend title to conform.
Rep. WETMORE spoke in favor of the amendment.
Rep. HOWARD spoke against the amendment.
Rep. HOWARD moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Anderson Bamberg Bauer Bernstein Cobb-Hunter Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore
So, the amendment was tabled.
Rep. Wetmore proposed the following Amendment No. 50 to S. 474 (Word version) (LC-474.AHB0513H), which was rejected:
Amend the Bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. If a pregnant woman or fetus dies after the pregnant woman was denied an abortion, the State shall cover the costs of funeral expenses for the woman and fetus. Renumber sections to conform. Amend title to conform.
Rep. WETMORE spoke in favor of the amendment.
Rep. GARVIN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 51 to S. 474 (Word version) (LC-474.AHB0518H), which was rejected:
Amend the Bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. If a pregnant woman becomes disabled as a result of carrying the fetus to term, the State shall pay for all medical expenses associated with the care of the woman and costs associated with the forced delivery of the child.
Renumber sections to conform.
Amend title to conform.
Rep. WETMORE spoke in favor of the amendment.
Rep. WETMORE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 52 to S. 474 (Word version) (LC-474.AHB0526H), which was rejected:
Amend the Bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. When the father of the unborn fetus is known, he shall be required to live within a twenty-mile radius of the unborn child.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. GARVIN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
Rep. Wetmore proposed the following Amendment No. 53 to S. 474 (Word version) (LC-474.AHB0537H), which was rejected:
Amend the Bill, as and if amended, by striking SECTION 13.B.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. GARVIN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson W. Jones King Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Hager Hardee Harris Hartnett Hayes Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 54 to S. 474 (Word version) (LC-474.AHB0553H), which was rejected:
Amend the Bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. The Public Employee Benefit Authority and the State Health Plan shall cover the use of prescribed contraceptives for dependents under the same terms and conditions that the Plan provides contraceptive coverage for employees and spouses.
Amend sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. GARVIN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson W. Jones King Kirby McDaniel J. Moore Oremus Ott Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 55 to S. 474 (Word version) (LC-474.VR0659H), which was rejected:
Amend the bill, by striking all after the enacting words and inserting:
SECTION 1. This act may be cited as the "Reproductive Freedom Bill of Rights Act".
SECTION 2. Title 44 of the S.C. Code is amended by adding:
CHAPTER 140
Reproductive Rights
Article 1
Definitions
Section 44-140-10. For the purposes of this chapter:
(1) "Abortion" means the use of an instrument, medicine, drug, or other substance or device with intent to terminate the pregnancy of a woman known to be pregnant for reasons other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.
(2) "Abortion-inducing drugs" means a medicine, drug, or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman, with knowledge that the termination will with reasonable likelihood cause the death of the unborn child. This includes off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion, such as misoprostol (Cytotec) and methotrexate. This definition does not apply to drugs that may be known to cause an abortion but which are prescribed for other medical indications including, but not limited to, chemotherapeutic agents or diagnostic drugs. Use of such drugs to induce abortion is also known as "medical", "drug-induced."
(3) "Assistive reproductive technologies" means treatments or procedures that involve the handling of human egg, sperm, and embryo outside the body with the intent of facilitating a pregnancy. Assistive reproductive technologies include, but are not limited to, in-vitro fertilization, egg, embryo, or sperm cryopreservation, egg or embryo donation, and gestational surrogacy. (4) "Contraceptive" means any drug, device, medication, or method used to prevent pregnancy. A contraceptive may prevent ovulation, fertilization, or implantation in the uterus.
(5) "Department" means the Department of Health and Environmental Control.
(6) "Emergency contraception" means a form of contraception that is effective if administered within a specified period of time after sexual intercourse.
(7) "Hospital" means those institutions licensed for hospital operation by the department in accordance with 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.
(8) "Infertility" means the inability to establish pregnancy after twelve months of regular, unprotected sexual intercourse; or a person's incapacity for reproduction either as an individual or with his partner, which may be determined after a period of less than twelve months of regular, unprotected sexual intercourse, or based on medical, sexual, and reproductive history, age, physical findings, or diagnostic testing.
(9) "Pregnant" means the condition of a woman carrying a developing embryo or fetus within her body. Pregnancy does not begin until a zygote is implanted in the uterine wall.
(10) "Spontaneous abortion" means a noninduced embryonic or fetal death or passage of products of conception before twenty weeks gestation.
(11) "Viability" means the state of fetal development when the life of the fetus may be continued indefinitely outside the womb by natural or artificial life-supportive systems. A legal presumption is hereby created that viability occurs no sooner than the twenty-fourth week of pregnancy, recognizing that some pregnancies may never become viable.
Article 3
Abortions Generally
Section 44-140-310. An abortion may be performed or induced by a physician on a woman with her consent prior to the viability of her fetus. The decision to have an abortion prior to the viability of her fetus shall be solely that of the pregnant woman in consultation with her physician. Section 44-140-320. An abortion may be performed or induced by a physician after a fetus reaches viability only with a pregnant woman's consent and only when the:
(1) abortion is necessary based upon her physician's best medical judgment to preserve the life or health of the woman;
(2) pregnancy was the result of rape;
(3) pregnancy was the result of incest; or
(4) abortion is necessary based upon a fetal diagnosis that is incompatible with life.
Section 44-140-330. A physician practicing telemedicine in accordance with the requirements contained in Section 40-47-37 may prescribe abortion-inducing drugs.
Section 44-140-340. A pregnant woman may not be kept alive by artificial methods in order to carry a pregnancy to term without her consent. In the event of incapacity, a pregnant woman may not be kept alive by artificial methods in order to carry a pregnancy to term without the consent of her medical power of attorney, next of kin, or immediate family members, in that order of priority.
Section 44-140-350. No person may seize any blood, DNA, medical waste, or anything related to an abortion in order to be used in prosecuting an allegation of rape or incest without the written consent of the woman upon whom the abortion was performed or induced. In the event that the woman upon whom the abortion was performed was a minor, consent must be obtained from one of her parents or legal guardian who is not alleged to have committed the rape or incest that resulted in the pregnancy.
Section 44-140-360.(A) No private or nongovernmental hospital or clinic shall be required to admit any patient for the purpose of performing or inducing an abortion, nor shall such institutions be required to permit their facilities to be utilized to perform or induce abortions. No cause of action shall arise against any such hospital or clinic for refusal to perform or induce or to allow the performance or induction of an abortion if the institution has adopted a policy to not admit patients for the purpose of performing or inducing abortions; provided that no hospital or clinic shall refuse an emergency admittance. (B)(1) No physician, nurse, technician, or other employee of a hospital, clinic, or physician shall be required to recommend, perform, induce, or assist in the performance or induction of an abortion if he advises the hospital, clinic, or employing physician in writing that he objects to performing, inducing, assisting, or otherwise participating in such procedures. Such notice will suffice without specification of the reason therefor.
(2) No physician, nurse, technician, or other person who refuses to perform, induce, or assist in the performance or induction of an abortion shall be liable to any person for damages allegedly arising from such refusal.
(3) No physician, nurse, technician or other person who refuses to perform, induce, assist in the performance or induction of an abortion shall because of that refusal be dismissed, suspended, demoted, or otherwise disciplined or discriminated against by the hospital or clinic with which he is affiliated or by which he is employed. A civil action for damages or reinstatement of employment, or both, may be prosecuted by any person whose employment or affiliation with a hospital or clinic has been altered or terminated in violation of this chapter; provided that no physician, nurse, technician, or other person may refuse to provide care in a medical emergency.
(4) Any physician who performs an abortion shall also provide, for proper compensation, necessary aftercare for his patient unless released by the patient in writing. The extent of aftercare required shall be that care customarily provided by physicians in such cases in accordance with accepted medical practice.
(C) A private or nongovernmental hospital or clinic, or a physician, nurse, technician, or other person who refuses to provide emergency contraception to a rape victim must inform the rape victim as soon as practicable of her right to emergency contraception and where she can obtain emergency contraception, including a referral to another medical facility or physician.
Section 44-140-370. Any abortion performed or induced in this State must be reported by the performing physician on the standard form for reporting abortions to the State Registrar, Department of Health and Environmental Control, within seven days after the abortion is performed or induced. The names of the patient and physician may not be reported on the form or otherwise disclosed to the State Registrar. The form must indicate from whom consent was obtained, circumstances waiving consent, and, if an exception was exercised pursuant to Section 44-140-320, which exception the physician relied upon in performing or inducing the abortion. Section 44-140-380.(A)(1) The department shall promulgate and enforce regulations for the certification of hospitals as defined in Section 44-140-10 as suitable facilities for the performance of abortions.
(2) The department shall promulgate and enforce regulations for the licensing and certification of facilities other than hospitals as defined in Section 44-140-10(7) wherein abortions are to be performed or induced.
(B)(1) A facility in which five or more abortions are performed or induced in a month must be licensed by the department to operate as an abortion clinic.
(2) 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 44-140-390.(A) A pregnant woman who is experiencing or has experienced a miscarriage or spontaneous abortion is immune from all legal action, including police investigation and prosecution.
(B) Physicians are authorized to treat a woman experiencing a spontaneous abortion or miscarriage or who has already experienced a spontaneous abortion or miscarriage with any medical procedure or pharmaceutical deemed by medical professionals to be the appropriate standard of care.
(C) Pharmacists are authorized to dispense medication known to induce abortions for the treatment of miscarriage or spontaneous abortion.
Section 44-140-400. All medical schools in this State must include training on miscarriage and spontaneous abortion management in their required instruction of students who will provide reproductive care to women. Section 44-140-410. It is unlawful to deceive, or attempt to deceive, a woman, regardless of whether the woman is pregnant, by providing her with false or misleading information concerning the gestational age of her fetus, her due date, how much time she has to make a decision concerning an abortion, or any other false or misleading information that may impact a woman's decision concerning her pregnancy and whether to have an abortion. A person who violates this section is guilty of a felony, and, upon conviction, must be fined up to ten thousand dollars or imprisoned for up to five years, or both.
Section 44-140-420. The General Assembly may not appropriate funds or otherwise commit resources to crisis pregnancy centers or any other facility that inaccurately presents itself as a health care facility.
Section 44-140-430. All data related to a woman's fertility, including data related to tracking menstrual cycles must:
(1) remain confidential and may not be released to anyone without the woman's prior written consent; and
(2) not be used as evidence in any prosecution of the woman.
Article 5
Abortions on Minors
Section 44-140-510. (A) No person may perform an abortion upon a minor unless consent is obtained in accordance with one of the following provisions:
(1) the attending physician or his agent or the referring physician or his agent has secured the informed written consent, signed and witnessed, of the pregnant minor and:
(a) one parent of the minor; or
(b) a legal guardian of the minor; or
(c) a grandparent of the minor; or
(d) any person who has been standing in loco parentis to the minor for a period not less than sixty days;
(2) the minor is emancipated and the attending physician or his agent has received the informed signed written consent of the minor; or
(3) the attending physician or his agent has obtained the informed signed written consent of the minor and has received the order of the court obtained by the minor pursuant to this chapter.
(B) If a parent or legal guardian refuses to give the informed written consent for the minor's abortion and there has been a judicial finding of refusal of consent, and the minor has a child or children as a result of that pregnancy, the duty imposed by law of supporting the child or children extends to the minor and jointly and severally to the refusing parent or legal guardian and the natural father until the minor reaches the age of eighteen years or is emancipated. (C) Any person standing in loco parentis and who consents to the abortion of the minor as permitted in subsection (A)(1) shall sign an affidavit indicating the nature and length of his or her relationship with the minor. The affidavit must state the penalties for wilfully or knowingly making a false representation. Anyone who knowingly or wilfully makes a false representation in the affidavit shall be guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than one year.
Section 44-140-520. Every minor has the right to petition the court for an order granting her the right to obtain an abortion without the consent. In seeking this relief the following procedures apply:
(1) The minor may prepare and file a petition in either the circuit or family court. The petition may be filed in the name of Jane Doe to protect the anonymity of the minor.
(2) The Adoption and Birth Parent Services Division of the Department of Social Services, upon request of the minor, must provide assistance to the minor in preparing and filing the petition. Preparation and filing of the petition must be completed within forty-eight hours after the request. The Department of Social Services shall promulgate regulations establishing the procedures to be followed in providing this assistance.
(3) Upon the filing of the petition, the court shall appoint a guardian ad litem for the minor, taking into consideration the preference of the minor. The minor may participate in court proceedings on her own behalf, but the court shall advise her that she has a right to court-appointed counsel and shall provide her with counsel upon her request.
(4) All proceedings pursuant to this section must be given precedence over other matters pending before the court.
(5) The court shall hold a hearing and rule on the merits of the petition within seventy-two hours of the filing of the petition. This time may be extended upon the request of the minor. The court shall consider the emotional and physical development, maturity, intellect, and understanding of the minor; the nature and possible consequences of the abortion and of the alternatives to the abortion; and other evidence that the court may find useful in determining whether the minor should be granted the right on her own behalf to consent to the abortion or whether the abortion is in the best interest of the minor. The court shall weigh this against the ability of the minor to provide and care for a child. The court also shall consider the risks of an abortion versus the risks of pregnancy, including the maternal and infant mortality rates in this State. Section 44-140-530.(A) The court shall enter a written order stating findings of fact and conclusions of law in support of its decision to:
(1) grant the minor the right on her own behalf to consent to the abortion if the court finds that the minor is mature and well-informed enough to make the abortion decision on her own;
(2) grant consent for the abortion if the court finds that the performance of the abortion would be in the minor's best interest; or
(3) deny the petition if the court finds that the minor is immature and that performance of the abortion would not be in the minor's best interest. If the father of the child born after the denial of the petition is identified by adjudication, he shall share in the expenses of the delivery and rearing of the child as determined by the court. Orders issued under this item shall specify that the minor shall have the right to counseling services, appropriate prenatal care, delivery, neonatal, and postnatal care, the cost of which may be paid by the State. Additionally, the State shall have subrogation rights against the father for payments made by the State on behalf of the child.
(B) The court shall immediately issue a written order to the minor, her guardian ad litem, attorney, or other person designated by the minor to receive notice on her behalf.
Section 44-140-540.(A) A minor has the right to appeal to the Supreme Court a decision rendered pursuant to Section 44-140-530. She is entitled to an anonymous and expeditious appellate review which takes precedence over other matters pending before the court.
(B) A minor who declares she has insufficient funds to pursue the procedures provided in this section or in Section 44-140-520 must not be required to pay the costs associated with these procedures.
(C) The notice of intent to appeal must be filed with the court issuing the order within seventy-two hours from the date the order is received. The record on appeal must be completed and the appeal must be perfected within ten days from the filing of the notice of intent to appeal. These filing requirements are not considered jurisdictional and may be extended by the Supreme Court upon request of the minor for good cause shown.
(D) All hearings conducted under this section and Section 44-140-520 must be closed to the public. All records related to these sections and Section 44-140-520 are not open to public examination and must be sealed by the court. (E) The Supreme Court shall adopt rules governing the administration of the courts or practice and procedure before such courts necessary to carry out the provisions of this section and Sections 44-140-520 and 44-140-530.
Section 44-140-550. Failure to obtain required consent constitutes prima facie evidence of interference with family relations in appropriate civil actions. The law of this State does not preclude the award of exemplary damages in an appropriate civil action relevant to violations concerning a minor. Nothing in this chapter may be construed to limit the common law rights of parents.
Section 44-140-560.(A) A person who intentionally performs an abortion with knowledge that, or with reckless disregard as to whether, the person upon whom the abortion is to be performed is an unemancipated minor, and who intentionally or knowingly fails to conform to any requirement in this article is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars nor more than ten thousand dollars or imprisoned for not more than three years, or both. No part of the minimum fine may be suspended. For conviction of a second or subsequent offense, the sentence must be imprisonment for not less than sixty days nor more than three years, none of which may be suspended.
(B) A physician or any person employed or connected with a physician, hospital, or health care facility performing abortions who acts in good faith is justified in relying on the representations of the unemancipated minor or of any other person providing the information required under this chapter. A physician or other person who furnishes professional services related to an act authorized or required by this chapter and who relies upon the information furnished pursuant to this chapter may not be held to have violated any criminal law or to be civilly liable for the reliance, provided that the physician or other person acted in good faith.
Section 44-140-570.(A) A physician or other professional person or agency counseling or discussing with a minor the question of her obtaining an abortion shall fully inform her of the procedures she must follow under law to obtain an abortion without the required consent.
(B) The Adoption and Birth Parent Services Division of the Department of Social Services shall develop and distribute brochures to health and education professionals for use in counseling pregnant minors. This brochure shall include the following:
(1) how to access her local health department for prenatal care; (2) how to access her local Adoption and Birth Parent Services Division of the Department of Social Services or any private not-for-profit adoption service;
(3) the parental consent requirement as outlined in this bill;
(4) the judicial by-pass procedure as provided in this article; and
(5) how to access her local mental health center for counseling services.
Article 7
Assistive Reproductive Technologies and Contraceptives
Section 44-140-710. It is the public policy of this State to protect and promote equitable access to the full range of assistive reproductive technologies. Any undue burden placed on a person seeking to utilize assistive reproductive technologies is a violation of this section.
Section 44-140-720. Practitioners of assistive reproductive technologies are not required to preserve eggs or sperm. However, a patient, after consultation with her practitioner, may choose to preserve eggs or sperm. If the patient chooses to preserve eggs or sperm, then the practitioner must provide for appropriate preservation in accordance with generally accepted medical standards.
Section 44-140-730. It is the public policy of this State that individuals in this State are entitled to make autonomous decisions concerning contraceptives. Each individual in this State is entitled to access, possess, and use the contraceptive method that the individual decides is best for her circumstances.
Article 9
Pregnancy and Childbirth
Section 44-140-910.(A) It is the public policy of this State that all pregnant women in South Carolina are entitled to high-quality health care during pregnancy, childbirth, and for at least one year after childbirth, regardless of their insurance plan coverage, lack of insurance, or ability to pay. (B) To facilitate the delivery of high-quality delivery of prenatal and postnatal health care services to financially challenged women, beginning January 1, 2023, an adult sixty-five years of age and younger whose income is at or below one hundred thirty-three percent of the federal poverty level, with a five percent income disregard, is eligible for Medicaid as provided for in the "Patient Protection and Affordable Care Act" (P.L. No. 111-148) and amendments to that act.
Section 44-140-920. A pregnant woman may choose to receive prenatal and postnatal care from a midwife, doula, physician, nurse, nurse practitioner, or any other health care provider of her choice.
Section 44-140-930. A pregnant woman may give birth at the location of her choice. A woman may not be compelled to give birth in a hospital, birthing center, or any other location not of her choosing.
SECTION 3. Section 40-47-37(C)(6) of the S.C. Code is amended to read:
(6) prescribe within a practice setting fully in compliance with this section and during an encounter in which threshold information necessary to make an accurate diagnosis has been obtained in a medical history interview conducted by the prescribing licensee; provided, however, that Schedule II and Schedule III prescriptions are not permitted except for those Schedule II and Schedule III medications specifically authorized by the board, which may include, but not be limited to, Schedule II-nonnarcotic and Schedule III-nonnarcotic medications; further, provided, that licensees prescribing controlled substances by means of telemedicine must comply with all relevant federal and state laws including, but not limited to, participation in the South Carolina Prescription Monitoring Program set forth in Article 15, Chapter 53, Title 44; further, provided, that prescribing of lifestyle medications including, but not limited to, erectile dysfunction drugs is not permitted unless approved by the board; further, provided, that prescribing abortion-inducing drugs is not permitted; as used in this article "abortion-inducing drug" means a medicine, drug, or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman, with knowledge that the termination will with reasonable likelihood cause the death of the unborn child. This includes off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion, such as misoprostol (Cytotec), and methotrexate. This definition does not apply to drugs that may be known to cause an abortion, but which are prescribed for other medical indications including, but not limited to, chemotherapeutic agents or diagnostic drugs. Use of such drugs to induce abortion is also known as 'medical', 'drug-induced', and/or 'chemical abortion';
SECTION 4. Chapter 71, Title 38 of the S.C. Code is amended by adding:
Section 38-71-48. Every health maintenance organization, individual and group health insurance policy, or contract issued or renewed in this State that provides coverage for pregnancy and childbirth must also provide coverage for:
(1) abortions and related services; and
(2) medical procedures intended to permanently prevent pregnancy including, but not limited to, tubal ligation, hysterectomy, and vasectomy.
Section 38-71-49. Every health maintenance organization, individual and group health insurance policy, or contract issued or renewed in this State must offer coverage for assistive reproductive technologies. Coverage offered pursuant to this section shall include, but shall not be not limited to, ovulation induction, egg retrieval, sperm retrieval, artificial insemination, in vitro fertilization, genetic screening, intracytoplasmic sperm injection, and any other nonexperimental treatment, as determined by the Director of the Department of Health and Environmental Control in consultation with appropriate professional and patient organizations such as the American Society for Reproductive Medicine, RESOLVE, the National Infertility Association, and the American College of Obstetricians and Gynecologists.
SECTION 5.A. Section 59-32-10(2) of the S.C. Code is amended to read:
(2) "Reproductive health education" means age appropriate, unbiased, comprehensive, and medically accurate instruction in human physiology, conception, prenatal care and development, childbirth, and postnatal care, but does not include instruction concerning sexual practices outside marriage or practices unrelated to reproduction except within the context of the risk of disease. Abstinence and the risks associated with sexual activity outside of marriage must be strongly emphasized may be encouraged and discussed, however, it may not be the only or primary method of prevention of pregnancy and sexually transmitted diseases.
B. Section 59-32-10(4) of S.C. Code is amended to read:
(4) "Pregnancy prevention education" means instruction intended to:
(a) stress the importance of encourage abstaining from sexual activity until marriage;
(b) help students develop skills to enable them to resist peer pressure and abstain from sexual activity;
(c) explain methods of contraception and the risks and benefits of each method. Abortion must not be included as a method of birth control. Instruction explaining the methods of contraception must not be included in any education program for grades kindergarten through fifth. Contraceptive information must be given in the context of future family planning.
SECTION 6. Chapter 41, Title 44 of the S.C. Code is repealed.
SECTION 7. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Rep. WETMORE spoke in favor of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson W. Jones King Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Hartnett Hayes Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King proposed the following Amendment No. 56 to S. 474 (Word version) (LC-474.DG0101H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. It is proposed that Article I of the Constitution of this State be amended by adding:
Amend the bill further, SECTION 10001, <<section_placeholder>> , by striking the <<placeholder>> undesignated paragraph and inserting:
SECTION 26. The provisions of Section 3 and Section 10 of this article provide that the State shall not deny or interfere with an individual's reproductive freedom in their most intimate decisions and to authorize the General Assembly to provide by law for regulation of abortion.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. Notwithstanding any statutory provision of law to the contrary, the proposed amendment must be submitted to the qualified electors at the next general election for representatives in 2024. Ballots must be provided at the various voting precincts with the following words printed on the ballot:
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson W. Jones Kirby McDaniel J. Moore Rivers Rose Rutherford Tedder Williams
Those who voted in the negative are:
Bailey Ballentine Beach Bradley Brewer Brittain Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson Jordan Kilmartin Landing Lawson Leber Ligon Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Ott Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Wheeler Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 57 to S. 474 (Word version) (LC-474.DG0102H), which was rejected:
SECTION 1. It is proposed that Article I of the Constitution of this State be amended by adding:
SECTION 26. THE PROVISIONS OF SECTION 3 AND SECTION 10 OF THIS ARTICLE PROVIDE THAT THE STATE SHALL NOT DENY OR INTERFERE WITH AN INDIVIDUAL'S REPRODUCTIVE FREEDOM IN THEIR MOST INTIMATE DECISIONS AND TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE BY LAW FOR REGULATION OF ABORTION.
SECTION 2. Notwithstanding any statutory provision of law to the contrary, the proposed amendment must be submitted to the qualified electors at the next general election for representatives in 2024. Ballots must be provided at the various voting precincts with the following words printed on the ballot:
"Must Article I of the Constitution of this State, be amended by adding Section 26 so as to provide that the state shall not deny or interfere with an individual's reproductive freedom in their most intimate decisions and to authorize the General Assembly to provide by law for regulation of abortion?"
Yes ?
No ?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Renumber sections to conform.
Amend title to conform.
Rep. W. JONES spoke in favor of the amendment.
Rep. B. NEWTON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson W. Jones King Kirby J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Williams
Those who voted in the negative are:
Bailey Beach Bradley Brewer Bustos Calhoon Carter Chapman Collins B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe May McCabe McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Schuessler Sessions M. M. Smith Taylor Trantham Vaughan White Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 58 to S. 474 (Word version) (LC-474.DG0083H), which was rejected:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-41-610(8) and inserting:
(8) "Medical emergency" means a condition that, by any in reasonable medical judgment, a condition exists that has complicated the pregnant woman's medical condition and necessitates an abortion to prevent death or a so complicates the medical condition of a pregnant woman that it necessitates the immediate abortion of her pregnancy to avert her death without first determining whether there is a detectable fetal heartbeat or for which the delay necessary to determine whether there is a detectable fetal heartbeat will create serious risk of a substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. A condition must not be considered a medical emergency 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 and irreversible physical impairment of a major bodily function.
Renumber sections to conform.
Amend title to conform.
Rep. GARVIN spoke in favor of the amendment. Rep. B. NEWTON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson W. Jones King Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Wheeler Williams
Those who voted in the negative are:
Atkinson Bailey Beach Blackwell Bradley Brewer Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan White Whitmire Wooten Yow
So, the amendment was rejected.
Acting SPEAKER W. NEWTON granted Rep. HOSEY a temporary leave of absence.
Reps. King and Bamberg proposed the following Amendment No. 59 to S. 474 (Word version) (LC-474.VR0121H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 1, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-90. The State Health Plan must provide coverage for abortion services and pay for all costs associated with obtaining an abortion due to the provisions of this chapter.
Renumber sections to conform.
Amend title to conform.
Rep. GARVIN spoke in favor of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Jefferson W. Jones Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gilliam Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan White Whitmire Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 60 to S. 474 (Word version) (LC-474.DG0069H), which was rejected:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-41-610(1) and inserting:
(1) "Conception" means fertilization of an ovum by the union of a sperm to create zygote.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. JEFFERSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Jefferson W. Jones King Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde S. Jones Jordan Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan White Whitmire Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 61 to S. 474 (Word version) (LC-474.DG0080H), which was rejected:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-41-610(6)(7) and inserting:
(6)(7) "Human fetus" or "unborn "Unborn child" each means an individual organism of the species homo sapiens from fertilization until live birth at any stage of development who is carried in the womb.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 62 to S. 474 (Word version) (LC-474.DG0114H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 1, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-90. The enactment of the provisions of this chapter clearly establishes that this State intends to spark costly litigation in hopes that a lawsuit will be brought before the Supreme Court to overturn precent relating to abortion.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment. Rep. BAUER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Bamberg Bauer Bernstein Dillard Garvin Gilliard Henderson-Myers Henegan Jefferson W. Jones King Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 63 to S. 474 (Word version) (LC-474.AHB0304H), which was rejected:
Amend the Bill, as and if amended, SECTION 2, by adding Section 44-41-625 to read:
Section 44-41-625. (A) A physician may perform, induce, or attempt to perform or induce an abortion on a minor who successfully petitions the court for an order granting her the right to obtain an abortion without the consent required in Section 44-41-31(1), and the probable gestational age of the unborn child is not more than nineteen weeks, or upon the final disposition of the petition, whichever occurs later.
(B) A physician may perform, induce, or attempt to perform or induce an abortion on a minor upon receiving consent that is obtained in accordance with Section 44-41-31(1), and the probable gestational age of the unborn child is not more than nineteen weeks.
Renumber sections to conform. Amend title to conform.
Rep. BERNSTEIN spoke in favor of the amendment.
The amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 64 to S. 474 (Word version) (LC-474.AHB0343H), which was rejected:
Amend the Bill, as and if amended, SECTION 2, by adding Section 44-41-625 to read:
Section 44-41-625. (A) A physician may perform, induce, or attempt to perform or induce an abortion on a minor who successfully petitions the court for an order granting her the right to obtain an abortion without the consent required in Section 44-41-31(1), and the probable gestational age of the unborn child is not more than twenty weeks, or upon the final disposition of the petition, whichever occurs later.
(B) A physician may perform, induce, or attempt to perform or induce an abortion on a minor upon receiving consent that is obtained in accordance with Section 44-41-31(1), and the probable gestational age of the unborn child is not more than twenty weeks.
Renumber sections to conform. Amend title to conform.
Rep. RIVERS spoke in favor of the amendment.
Rep. BAUER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Ott Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Landing Lawson Leber Ligon Long Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 65 to S. 474 (Word version) (LC-474.AHB0352H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding Section 44-41-685 to read:
Section 44-41-685. The provisions of this article do not apply if the physician determines the abortion is in the best interests of the patient's health.
Renumber sections to conform.
Amend title to conform.
Rep. HENDERSON-MYERS spoke in favor of the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Atkinson Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson W. Jones Kirby McDaniel J. Moore Ott Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 66 to S. 474 (Word version) (LC-474.AHB0354H), which was rejected:
Amend the Bill, as and if amended, SECTION 2, by adding Section 44-41-685 to read:
Section 44-41-685. The provisions of this article do not apply to a person who is already a parent and attests a pregnancy or another child will be financially detrimental.
Renumber sections to conform.
Amend title to conform.
Rep. BAUER spoke in favor of the amendment. Rep. BAUER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson W. Jones King Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Burns Bustos Calhoon Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 67 to S. 474 (Word version) (LC-474.AHB0355H), which was rejected:
Amend the Bill, as and if amended, SECTION 2, by adding Section 44-41-685 to read:
Section 44-41-685. The provisions of this article do not apply to a person whose employment will be adversely affected by pregnancy.
Renumber sections to conform.
Amend title to conform.
Rep. BERNSTEIN spoke in favor of the amendment.
Rep. BERNSTEIN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guffey Haddon Hager Hardee Harris Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 68 to S. 474 (Word version) (LC-474.AHB0359H), which was rejected:
Amend the Bill, as and if amended, SECTION 2, by adding Section 44-41-685:
Section 44-41-685. The provisions of this article do not apply to a person who takes medication that is contra-indicated for pregnancy.
Renumber sections to conform.
Amend title to conform.
Rep. KIRBY spoke in favor of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Atkinson Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Ott Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Harris Hartnett Hayes Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. HIOTT raised the Point of Order under Rule 8.3 that Amendments 518 thru 576 were dilatory and out of order. Rep. HIOTT stated that all the amendments dealt with the subject of colleges and universities providing free reproductive health education, with only the name of the college or university changing.
Rep. KING argued against the Point of Order.
ACTING SPEAKER W. NEWTON stated that he had reviewed the amendments and concurred in the statement that they were dilatory. He sustained the Point of Order and ruled amendments 518 thru 576 to be out of order.
Reps. King and Bamberg proposed the following Amendment No. 69 to S. 474 (Word version) (LC-474.AHB0363H), which was tabled:
Amend the Bill, as and if amended, SECTION 2, by adding Section 44-41-685 to read:
Section 44-41-685. The provisions of this article do not apply to a person who has experienced an eating disorder.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. COBB-HUNTER moved to table the amendment.
Rep. MCDANIEL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Cobb-Hunter Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Henegan Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin King Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Bauer Bernstein Dillard Garvin Gilliard Henderson-Myers Howard Jefferson J. L. Johnson W. Jones Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
So, the amendment was tabled.
Rep. J. L. JOHNSON moved that the House do now adjourn. Rep. B. NEWTON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Atkinson Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hardee Harris Hartnett Hayes Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Kirby Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the House refused to adjourn.
Reps. King and Bamberg proposed the following Amendment No. 70 to S. 474 (Word version) (LC-474.AHB0357H), which was rejected:
Amend the Bill, as and if amended, SECTION 2, by adding Section 44-41-685 to read:
Section 44-41-685. The provisions of this article do not apply to a person who suffers mental health conditions that will be adversely affected by pregnancy.
Renumber sections to conform.
Amend title to conform.
Rep. HENEGAN spoke in favor of the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Tedder Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Harris Hartnett Hayes Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. J. L. JOHNSON moved that the House recede until 8:45 p.m.
Rep. B. NEWTON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the House refused to recede.
Rep. J. L. JOHNSON moved that the House recur to the morning hour.
Rep. B. NEWTON moved to table the motion.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bannister Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Herbkersman Hewitt Hiott Hixon Howard Hyde Jefferson J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Pendarvis Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Ballentine Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan J. L. Johnson W. Jones King Kirby McDaniel J. Moore Ott Rivers Rose Rutherford Tedder Wetmore Wheeler Williams
So, the motion to recur to the morning hour was tabled.
Rep. OTT raised the Point of Order under Article III, Section 17, of the South Carolina Constitution that S.474 violated the one-subject rule and should be ruled unconstitutional and out of order.
ACTING SPEAKER W. NEWTON stated that there were numerous House precedents, including rulings by former Speakers Wilkins, Harrell, and Lucas where the Speaker stated he could not rule upon substantive questions of law, like Article III, Section 17, because the doctrine of separation of powers dictated that only the court system rule upon substantive questions. He stated further that the Speaker, as presiding officer, could only rule upon procedural points of order, and he sustained the Point of Order.
Rep. King and Bamberg proposed the following Amendment No. 71 to S. 474 (Word version) (LC-474.HA1042H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-650(A)(1) and inserting:
(1) the pregnancy is the result of rape, and the probable gestational age of the unborn child is not more than thirteen weeks; or
Renumber sections to conform.
Amend title to conform.
Rep. PENDARVIS spoke in favor of the amendment. Rep. PENDARVIS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson J. L. Johnson W. Jones King McDaniel Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell J. Moore T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. BAMBERG moved that the House resolve itself into a Committee of the Whole.
Rep. B. NEWTON moved to table the motion.
Rep. B. NEWTON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bannister Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Hartnett Hayes Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Ballentine Bamberg Bauer Bernstein Brittain Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson J. L. Johnson King Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
So, the motion to resolve the House into a Committee of the Whole was tabled.
Rep. King and Bamberg proposed the following Amendment No. 72 to S. 474 (Word version) (LC-474.HA1047H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-650(A)(1) and inserting:
(1) the pregnancy is the result of rape, and the probable gestational age of the unborn child is not more than fourteen weeks; or
Renumber sections to conform.
Amend title to conform.
Rep. PENDARVIS spoke in favor of the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Williams
Those who voted in the negative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Herbkersman Hewitt Hiott Hixon Hyde S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Yow
So, the amendment was rejected.
Rep. B. NEWTON raised the Point of Order under Rule 8.3 that Amendments 390 thru 448 were dilatory and out of order. Rep. B. NEWTON stated that all the amendments dealt with the subject of colleges and universities providing free reproductive health education, with only the name of the college or university changing.
Rep. KING argued against the Point of Order.
ACTING SPEAKER HIOTT stated that he had reviewed the amendments and concurred in the statement that they were dilatory. He sustained the Point of Order and ruled amendments 390 thru 448 to be out of order.
Rep. BAMBERG raised the Point of Order under rule 8.6 that under cloture "all amendments shall be considered." He stated that it was out of order to rule amendments out of order as a group once cloture was invoked.
ACTING SPEAKER HIOTT stated that past precedents by former Speakers had allowed amendments to be addressed and ruled out of order as being dilatory as a group on numerous occasions where bills were under cloture. He overruled the Point of Order.
Rep. King and Bamberg proposed the following Amendment No. 73 to S. 474 (Word version) (LC-474.HA1050H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-650(A)(1) and inserting:
(1) the pregnancy is the result of rape, and the probable gestational age of the unborn child is not more than fifteen weeks; or
Renumber sections to conform.
Amend title to conform.
Rep. PENDARVIS spoke in favor of the amendment.
Rep. PENDARVIS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. J. L. JOHNSON moved that the House do now adjourn.
Rep. B. NEWTON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Dillard Garvin Gilliard Henderson-Myers Howard Jefferson J. L. Johnson W. Jones King J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Kilmartin Kirby Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the House refused to adjourn.
Rep. THIGPEN asked a Parliamentary Inquiry as to why the Speaker was not allowing all members who wished to speak on the prior Point of Order to speak on the issue.
The ACTING SPEAKER HIOTT cited Mason's Manual Section 234 and stated that the Speaker "may" allow members to be heard on an issue but was not required by House Rule or precedents to allow all members to speak on a Point of Order. He stated that the assertion that is was the practice to allow members to be heard was subject to the Speaker's discretion.
Rep. King and Bamberg proposed the following Amendment No. 74 to S. 474 (Word version) (LC-474.HA1052H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-650(A)(1) and inserting:
(1) the pregnancy is the result of rape, and the probable gestational age of the unborn child is not more than sixteen weeks; or
Renumber sections to conform.
Amend title to conform.
Rep. WILLIAMS spoke in favor of the amendment. The amendment was rejected by a division vote of 17 to 75.
Reps. King and Bamberg proposed the following Amendment No. 75 to S. 474 (Word version) (LC-474.PH0397H), which was ruled out of order:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
"Section 44-41-750. All members of the South Carolina General Assembly must visit children in a hospital at least once each month for a minimum of five hours."
Renumber sections to conform.
Amend title to conform.
Rep. WILLIAMS spoke in favor of the amendment.
Rep. MAGNUSON raised the Point of Order that Amendment No. 75 was not germane to the bill under Rule 9.3
ACTING SPEAKER HIOTT sustained the Point of Order and ruled the amendment out of order.
Reps. King and Bamberg proposed the following Amendment No. 76 to S. 474 (Word version) (LC-474.PH0403H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
"Section 44-41-750. Any child born after the effective date of this act shall qualify for free tuition, both at an undergraduate and graduate level."
Renumber sections to conform.
Amend title to conform.
Rep. HENEGAN spoke in favor of the amendment.
Rep. MAGNUSON raised the Rule 9.3 Point of Order that Amendment No. 76 was not germane.
Rep. OTT argued contra.
ACTING SPEAKER HIOTT overruled the Point of Order.
Rep. HENEGAN continued speaking. Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Ott Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Bannister Beach Blackwell Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 77 to S. 474 (Word version) (LC-474.PH0406H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
"Section 44-41-750. Any child born after the effective date of this act shall receive free lunch at all public education institutions."
Renumber sections to conform.
Amend title to conform.
Rep. HENEGAN spoke in favor of the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Ott Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Bannister Beach Blackwell Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 78 to S. 474 (Word version) (LC-474.PH0408H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
"Section 44-41-750. If a pregnant woman seeks an abortion and is denied, the father cannot be held liable for child support."
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment. Rep. GARVIN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Garvin Gilliard Henegan Jefferson J. L. Johnson W. Jones King Kirby McDaniel Pendarvis Rivers Rose Rutherford Tedder Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Stavrinakis Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 79 to S. 474 (Word version) (LC-474.PH0411H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
"Section 44-41-750. If a pregnant woman seeks an abortion and is denied, the father may be held liable for child support starting at week six of the pregnancy."
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Garvin Henegan Jefferson J. L. Johnson W. Jones King Kirby Ott Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 80 to S. 474 (Word version) (LC-474.PH0414H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
"Section 44-41-750. All members of the South Carolina General Assembly must receive educational training on abortion from an accredited medical university."
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment. Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Atkinson Bamberg Bauer Bernstein Cobb-Hunter Garvin Gilliard Henderson-Myers Henegan W. Jones King Kirby McDaniel Ott Rivers Rose Rutherford Stavrinakis Tedder Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 81 to S. 474 (Word version) (LC-474.PH0374H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
"Section 44-41-750. If an individual dies during pregnancy and that individual sought an abortion and was denied the procedure, there is established a civil cause of action for which this State may be held liable."
Renumber sections to conform.
Amend title to conform.
Rep. WILLIAMS spoke in favor of the amendment.
The amendment was then rejected by a division vote of 14 to 76.
Reps. King and Bamberg proposed the following Amendment No. 82 to S. 474 (Word version) (LC-474.PH0487H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a new Section to read:
"Section 44-41-750. If an individual dies during pregnancy, this State must pay two hundred fifty thousand dollars to the decedent's estate."
Renumber sections to conform.
Amend title to conform.
Rep. WILLIAMS spoke in favor of the amendment.
Rep. GARVIN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Garvin Gilliard Henegan J. L. Johnson W. Jones King McDaniel Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Kirby Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 84 to S. 474 (Word version) (LC-474.PH0382H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
"Section 44-41-750. All members of the South Carolina General Assembly must establish offices in their districts to assist women who are pregnant."
Renumber sections to conform.
Amend title to conform.
Rep. BAUER spoke in favor of the amendment.
Rep. BAUER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Garvin Gilliard Henderson-Myers Henegan Jefferson J. L. Johnson W. Jones Kirby Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 85 to S. 474 (Word version) (LC-474.PH0384H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
"Section 44-41-750. All members of the South Carolina General Assembly must provide for a licensed mental health professional on their legislative staff in order to assist pregnant constituents suffering from mental health issues."
Renumber sections to conform.
Amend title to conform.
Rep. WETMORE spoke in favor of the amendment.
Rep. GARVIN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Cobb-Hunter Garvin Gilliard Henderson-Myers Henegan Jefferson J. L. Johnson W. Jones King Kirby McDaniel Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 86 to S. 474 (Word version) (LC-474.PH0386H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
"Section 44-41-750. All members of the South Carolina General Assembly must attend the funeral of any individuals in their district who die after being denied an abortion."
Renumber sections to conform.
Amend title to conform.
Rep. WETMORE spoke in favor of the amendment.
Rep. GARVIN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Bernstein Cobb-Hunter Garvin Gilliard Henderson-Myers Henegan Jefferson J. L. Johnson W. Jones King Kirby McDaniel Rivers Rose Rutherford Tedder Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 87 to S. 474 (Word version) (LC-474.PH0389H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
"Section 44-41-750. Any child born in this State after the effective date of this act shall qualify for the same medical insurance benefits as the members of the South Carolina General Assembly and shall receive those insurance benefits at no cost to them until they reach the age of twenty-six."
Renumber sections to conform.
Amend title to conform.
Rep. WETMORE spoke in favor of the amendment.
Rep. WETMORE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bauer Bernstein Cobb-Hunter Garvin Gilliard Henderson-Myers Henegan Jefferson J. L. Johnson W. Jones King Kirby McDaniel Rivers Rose Rutherford Stavrinakis Tedder Wetmore Wheeler Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 88 to S. 474 (Word version) (LC-474.PH0393H), which was ruled out of order:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
"Section 44-41-750. This State must establish a new public hospital for the treatment of children born with medical conditions."
Renumber sections to conform.
Amend title to conform.
Rep. HENDERSON-MYERS spoke in favor of the amendment.
Rep. MAGNUSON raised the Rule 9.3 Point of Order that Amendment No. 88 was not germane.
Rep. HENDERSON-MYERS argued contra.
ACTING SPEAKER W. NEWTON sustained the Point of Order and ruled the amendment out of order.
Reps. King and Bamberg proposed the following Amendment No. 90 to S. 474 (Word version) (LC-474.PH0421H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
"Section 44-41-750. Any person denied an abortion must be awarded one hundred thousand dollars to pay for the costs associated with medical expenses related to pregnancy."
Renumber sections to conform.
Amend title to conform.
Rep. MCDANIEL spoke in favor of the amendment.
Rep. MCDANIEL moved to table the amendment.
Rep. MCDANIEL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Garvin Gatch Gibson Gilliam Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde Jefferson J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
Bamberg Bauer Bernstein Cobb-Hunter Dillard Gilliard Haddon Henderson-Myers Henegan W. Jones King Kirby McDaniel Rivers Rose Rutherford Tedder Wetmore Williams
So, the amendment was tabled.
Rep. GARVIN moved to reconsider the vote whereby the following amendment was tabled:
Reps. King and Bamberg proposed the following Amendment No. 90 to S. 474 (Word version) (LC-474.PH0421H) :
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
"Section 44-41-750. Any person denied an abortion must be awarded one hundred thousand dollars to pay for the costs associated with medical expenses related to pregnancy."
Renumber sections to conform.
Amend title to conform.
Rep. HIOTT moved to table the motion to reconsider.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Garvin Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Anderson Bamberg Bauer Bernstein Cobb-Hunter Dillard Gilliard Henderson-Myers Henegan Jefferson W. Jones King Kirby McDaniel Rivers Rose Rutherford Tedder Wetmore Wheeler Williams
So, the motion to reconsider was tabled.
Reps. King and Bamberg proposed the following Amendment No. 91 to S. 474 (Word version) (LC-474.PH0423H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
"Section 44-41-750. This State must provide for any pregnant-related medical costs incurred by pregnant women living in this State."
Renumber sections to conform.
Amend title to conform.
Rep. MCDANIEL spoke in favor of the amendment.
Rep. BEACH raised the Rule 8.3 Point of Order that Amendment No. 91 was dilatory to previous amendments that have been tabled
Rep. MCDANIELargued contra.
ACTING W. NEWTON overruled the Point of Order.
Rep. MCDANIEL continued speaking.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Jefferson W. Jones King Kirby McDaniel Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Atkinson Bailey Bannister Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 92 to S. 474 (Word version) (LC-474.PH0426H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
"Section 44-41-750. Upon signing this act into law, the Governor must visit at least one pregnant woman in each of the forty-six counties."
Renumber sections to conform.
Amend title to conform.
Rep. MCDANIEL spoke in favor of the amendment.
Rep. BEACH raised the Rule 8.3 Point of Order that Amendment No. 92 was dilatory.
ACTING SPEAKER W. NEWTON overruled the Point of Order.
Rep. MCDANIEL continued speaking.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Jefferson W. Jones King Kirby McDaniel Rivers Rose Rutherford Tedder Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 94 to S. 474 (Word version) (LC-474.PH0434H), which was ruled out of order:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
"Section 44-41-750. Any child born in this State that has any lineage to slavery is entitled to reparations from the state in an amount of one million dollars."
Renumber sections to conform.
Amend title to conform.
Rep. MCDANIEL spoke in favor of the amendment.
Rep. BEACH raised the Rule 9.3 Point of Order that Amendment No. 94 was not germane.
Rep. BAMBERG argued contra and stated that Rep. BEACH's Point of Order was not properly stated.
Acting Speaker W. NEWTON stated that the amendment's substantial effect and impact was not germane to the bill. He sustained the Point of Order and ruled the Amendment out of order.
Reps. King and Bamberg proposed the following Amendment No. 95 to S. 474 (Word version) (LC-474.PH0436H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
"Section 44-41-750. Any child born in this State cannot be executed."
Renumber sections to conform.
Amend title to conform.
Rep. KING spoke in favor of the amendment.
Rep. KING continued speaking.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Jefferson S. Jones W. Jones King McDaniel Rivers Rose Rutherford Tedder Wetmore White Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan Whitmire Willis Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 96 to S. 474 (Word version) (LC-474.PH0441H), which was tabled:
Amend the bill, as and if amended, SECTION 2 by adding a Section to read:
"Section 44-41-750. All children and their parents in this State must be taught financial literacy."
Renumber sections to conform.
Amend title to conform.
Rep. MAGNUSON moved to table the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Magnuson May McCabe McCravy McGinnis Mitchell T. Moore T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Anderson Bamberg Bauer Cobb-Hunter Dillard Garvin Gilliard Hayes Henderson-Myers Henegan Jefferson W. Jones King Kirby McDaniel Ott Rivers Rose Rutherford Tedder Wetmore Williams
So, the amendment was tabled.
Reps. King and Bamberg proposed the following Amendment No. 97 to S. 474 (Word version) (LC-474.SA0361H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
Section 44-41-750. If a woman is sexually assaulted and the assault results in a pregnancy and the perpetrator is not caught, or the person prosecuted is determined to be indigent, then the State shall provide child support payments to the woman on behalf of the child brought to term until the age of twenty-five.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was then rejected by a division vote of 21 to 73.
Reps. King and Bamberg proposed the following Amendment No. 98 to S. 474 (Word version) (LC-474.SA0373H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
Section 44-41-750. If a woman is a victim of incest and is denied an abortion due to time limits to obtain an abortion, then the State will pay for ten years of mental counseling for the woman who was sexually assaulted via incest and brought the pregnancy to term.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Cobb-Hunter Garvin Gilliard Henderson-Myers Henegan Jefferson J. L. Johnson W. Jones King Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 99 to S. 474 (Word version) (LC-474.SA0377H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
Section 44-41-750. Both parties must consent in writing to receiving abortion care.
Renumber sections to conform.
Amend title to conform.
Rep. HENDERSON-MYERS spoke in favor of the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Jefferson J. L. Johnson King McDaniel Rivers Rose Rutherford Tedder Williams
Those who voted in the negative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Stavrinakis Taylor Thayer Trantham Vaughan Wetmore White Whitmire Willis Wooten Yow
Reps. King and Bamberg proposed the following Amendment No. 100 to S. 474 (Word version) (LC-474.SA0379H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
Section 44-41-750. The Department of Social Services shall post notices and spend one million dollars annually on billboards about adoption services.
Renumber sections to conform.
Amend title to conform.
Rep. HENDERSON-MYERS spoke in favor of the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers J. L. Johnson W. Jones King Kirby Rivers Rose Rutherford Stavrinakis Tedder Wetmore
Those who voted in the negative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 101 to S. 474 (Word version) (LC-474.SA0381H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
Section 44-41-750. If a minor in the custody of the Department of Social Services becomes pregnant, the State is responsible for all costs associated with the pregnancy, birth, and raising the child until the child reaches the age of eighteen.
Renumber sections to conform.
Amend title to conform.
Rep. HENDERSON-MYERS spoke in favor of the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Jefferson J. L. Johnson W. Jones King Kirby Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 102 to S. 474 (Word version) (LC-474.SA0383H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
Section 44-41-750. If a woman is the victim of a sexual assault on private property abutting a public beach along a South Carolina coast, and the assault results in a pregnancy for which the woman is denied access to an abortion due to time limits, then that property on which the assault occurred must be seized by the State. The value of the property must be paid to the woman who was assaulted, became pregnant as a result of the assault, and was denied an abortion due to time limits. The property then must be condemned, and any buildings or structures razed. The land immediately must be turned over to a conservation land trust and no further structures built on the property for perpetuity.
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. BEACH raised the Point of Order that Amendment No. 102 was not germane.
Rep. COBB-HUNTER argued contra.
ACTING SPEAKER BANNISTER overruled the Point of Order.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King proposed the following Amendment No. 103 to S. 474 (Word version) (LC-474.SA0385H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
Section 44-41-750. The State is responsible for providing a child tax credit to every pregnant person in South Carolina regardless of outcome of pregnancy.
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson J. L. Johnson W. Jones King McDaniel Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 104 to S. 474 (Word version) (LC-474.SA0387H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
Section 44-41-750. This article does not interfere with the bodily autonomy of a transgender or nonbinary person's healthcare decisions.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson J. L. Johnson W. Jones King McDaniel Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 105 to S. 474 (Word version) (LC-474.SA0390H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
Section 44-41-750. Medicaid shall pay for an abortion doula for anyone who qualifies under this article.
Renumber sections to conform.
Amend title to conform.
Rep. HENDERSON-MYERS spoke in favor of the amendment.
Rep. MCDANIEL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard J. L. Johnson W. Jones King McDaniel Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King proposed the following Amendment No. 106 to S. 474 (Word version) (LC-474.SA0391H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
Section 44-41-750. Pregnant women must be provided a placard from SCDMV denoting their pregnancy status which will give them access to any HOV traffic lanes and provide free access to any toll road in the state of South Carolina.
Renumber sections to conform.
Amend title to conform.
Rep. HENDERSON-MYERS spoke in favor of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Bamberg Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Haddon Hager Harris Hartnett Hayes Hewitt Hiott Hixon Hyde S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. BAMBERG moved to reconsider the vote whereby the following amendment was rejected:
Rep. King proposed the following Amendment No. 106 to S. 474 (Word version) (LC-474.SA0391H) :
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
Section 44-41-750. Pregnant women must be provided a placard from SCDMV denoting their pregnancy status which will give them access to any HOV traffic lanes and provide free access to any toll road in the state of South Carolina.
Renumber sections to conform.
Amend title to conform.
Rep. B. NEWTON moved to table the motion to reconsider.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Ballentine Bannister Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Howard Hyde Jefferson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
Alexander Anderson Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan J. L. Johnson W. Jones King Kirby McDaniel Rivers Rose Rutherford Tedder Wetmore Williams
So, the motion to reconsider was tabled.
Reps. King and Bamberg proposed the following Amendment No. 107 to S. 474 (Word version) (LC-474.SA0399H), which was rejected:
Amend the Bill, as and if amended, SECTION 2, by adding a Section to read:
Section 44-41-750. If a woman is the victim of sexual assault that is considered to be incest and is denied access to an abortion because of time expiry, the child resulting from the pregnancy must be provided genetic counseling upon being brought to term for twenty-five years.
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Wheeler Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. KING argued contra.
ACTING SPEAKER W. NEWTON stated that he concurred in the statement that the amendments were dilatory. He stated that the amendments all dealt with the subject of providing protection and security to locations that perform abortion services with the only difference being the location (county or city) required to provide the protective services. He also said that several of the amendments were identical to each other and identified locations that do not exist. He sustained the Point of Order and ruled the amendments out of order.
Reps. King and Bamberg proposed the following Amendment No. 108 to S. 474 (Word version) (LC-474.SA0402H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
Section 44-41-750. If a woman is the victim of a sexual assault on private property abutting public lands categorized as a public park or monument, state or federal, or privately held land in conservation trust or easement, and if that assault results in a pregnancy for which the woman is denied access to an abortion due to time expiry, then that property on which the assault occurred must be seized by the State. The value of the property must be paid to the woman who was assaulted, became pregnant as the result of the assault, was denied an abortion due to time expiry. The property must be condemned, and any buildings or structures razed. The land immediately must be turned over to a conservation land trust or be titled to a conservation easement and no further structures built on the property for perpetuity.
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson J. L. Johnson W. Jones King McDaniel Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
Reps. King and Bamberg proposed the following Amendment No. 109 to S. 474 (Word version) (LC-474.SA0407H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
Section 44-41-750. All prenatal care costs must be covered by the State in all cases of rape and incest.
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 110 to S. 474 (Word version) (LC-474.SA0410H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
Section 44-41-750. All postnatal care costs must be covered by the State in all cases of rape and incest.
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bauer Bernstein Cobb-Hunter Garvin Gilliard Hayes Henderson-Myers Henegan Howard Jefferson W. Jones King Kirby McDaniel Rivers Rose Rutherford Tedder Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Bannister Beach Blackwell Brewer Brittain Burns Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 111 to S. 474 (Word version) (LC-474.SA0413H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
Section 44-41-750. All nutritional costs until the age of majority must be covered by the State including, but not limited to, school meals, after school meals, summer meals, and weekend meals.
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Bernstein Cobb-Hunter Gilliard Henderson-Myers Henegan Howard Jefferson J. L. Johnson W. Jones King McDaniel Rivers Rose Rutherford Tedder Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Bannister Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 112 to S. 474 (Word version) (LC-474.SA0416H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
Section 44-41-750. SCETV is responsible for airing weekly programming related to childbirth, and the effects that it has on the human body.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson J. L. Johnson W. Jones King McDaniel Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Bailey Ballentine Bannister Beach Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. B. NEWTON raised the Rule 8.3 Point of Order that Amendments 114, 115, and 116 were dilatory. ACTING SPEAKER W. NEWTON stated that he concurred in the statement that the amendments were dilatory. He stated that the amendments all dealt with the subject of SCETV programming, just like an earlier Amendment No. 112, and required that some type of programming be related to the subject of the bill. He sustained the Point of Order and ruled the amendments out of order.
Reps. King and Bamberg proposed the following Amendment No. 113 to S. 474 (Word version) (LC-474.SA0420H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
Section 44-41-750. The State shall create a "Persons of Color Resiliency and Generational Wealth Creation Fund." The State shall deposit twenty thousand dollars for each pregnancy reported or recorded by DHEC or the appropriate reporting agency by a person of color or of AfroAmerican ancestry. Upon a pregnancy being brought successfully to term by the individual of color whose pregnancy was previously recorded, the state shall deposit in this fund an additional one million two hundred thousand dollars. Citizens of the State can contribute to the fund, and the contributions must be treated as a tax-deductible charitable donation. Money in the fund must be invested by the Retirement System Investment Commission. Money must be expended from the fund to citizens of this State who are people of color and of AfroAmerican descent for property rehabilitation, business start up grants, individual educational investments, or community educational investments. Funds also may be used to serve the aforementioned community with grants to assist in covering single family home utilities and property taxes.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Jefferson J. L. Johnson King McDaniel Rivers Rose Rutherford Tedder Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Stavrinakis Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 117 to S. 474 (Word version) (LC-474.SA0435H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
Section 44-41-750. SCETV is responsible for documenting the pregnancy of at least ten individuals in South Carolina and telling their stories through their network.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Bernstein Dillard Garvin Gilliard Henderson-Myers Henegan Jefferson J. L. Johnson W. Jones McDaniel Rivers Rose Rutherford Tedder Wetmore Wheeler Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin King Landing Lawson Leber Ligon Long Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. KING moved to reconsider the vote whereby the following amendment was rejected:
Reps. King and Bamberg proposed the following Amendment No. 117 to S. 474 (Word version) (LC-474.SA0435H) :
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
Section 44-41-750. SCETV is responsible for documenting the pregnancy of at least ten individuals in South Carolina and telling their stories through their network.
Renumber sections to conform.
Amend title to conform.
Rep. B. NEWTON moved to table the motion to reconsider.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan Whitmire Willis Wooten Yow
Those who voted in the negative are:
Anderson Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Jefferson J. L. Johnson W. Jones King McDaniel Rivers Rose Rutherford Tedder Wetmore Wheeler Williams
So, the motion to reconsider was tabled.
Reps. King and Bamberg proposed the following Amendment No. 118 to S. 474 (Word version) (LC-474.VR0318H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 6, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-685. Employers are required to cover up to seventeen months of paid parental leave.
Renumber sections to conform.
Amend title to conform.
Rep. WETMORE spoke in favor of the amendment.
Rep. WETMORE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Bernstein Cobb-Hunter Dillard Gilliard Henegan Jefferson J. L. Johnson W. Jones King McDaniel Rivers Rose Rutherford Thigpen Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Magnuson May McCabe McCravy Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. MAY raised the Rule 8.3 Point of Order that Amendments 119 thru 131, 685, 686, and 927 were dilatory.
ACTING SPEAKER W. NEWTON stated that he concurred in the statement that the amendments were dilatory. He stated that the amendments all dealt the subject of paid parental leave, like an earlier amendment, and the only difference in the amendments was to provide for parental leave of varying durations. He sustained the Point of Order.
Reps. King and Bamberg proposed the following Amendment No. 132 to S. 474 (Word version) (LC-474.VR0473H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 6, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-685. Landlords are prevented from evicting tenants in the first five years after the birth of a new child.
Renumber sections to conform.
Amend title to conform.
Rep. BAUER spoke in favor of the amendment.
Rep. BAUER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henegan Howard Jefferson J. L. Johnson W. Jones King McDaniel Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Stavrinakis Taylor Thayer Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. A. MORGAN raised the Rule 8.3 Point of Order that Amendments 133 thru 136 were dilatory.
ACTING SPEAKER W. NEWTON stated that he concurred in the statement that the amendments were dilatory. He stated that the amendments all dealt with the subject of not allowing eviction for a period of time, like Amendment No. 132, with the only differencing being varying length of times before the eviction. He sustained the Point of Order.
Rep. King and Bamberg proposed the following Amendment No. 137 to S. 474 (Word version) (LC-474.HA0395H), which was rejected:
Amend the bill, as and if amended, by striking Section 44-41-650(B) and inserting:
(B) A physician who performs or induces an abortion on a pregnant woman based on an exception contained in this section may report the allegation of rape or incest to the sheriff in the county in which the abortion was performed.
Renumber sections to conform.
Amend title to conform.
Rep. BAUER spoke in favor of the amendment.
Rep. BAUER continued speaking.
Rep. BAUER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henegan W. Jones King McDaniel Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Brewer Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Magnuson May McCabe McCravy Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 138 to S. 474 (Word version) (LC-474.HA0405H), which was rejected:
Amend the bill, as and if amended, by striking Section 44-41-650(B) and inserting:
(B) A physician who performs or induces an abortion on a pregnant person based upon an exception contained in subsection (A) may report the allegation of rape or incest to the sheriff in the county in which the abortion was performed if the physician obtains the patient's consent. The report may be made orally or otherwise, and if the patient so wishes, may include the name and contact information of the pregnant person making the allegation. The physician who performs or induces an abortion based on an allegation of rape or incest may provide the pregnant person with information about resources for mental health support and other resources for survivors of sexual assault.
Renumber sections to conform. Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Jefferson W. Jones King Kirby McDaniel Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Magnuson May McCabe McCravy McGinnis T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 139 to S. 474 (Word version) (LC-474.HA0448H), which was rejected:
Amend the bill, as and if amended, by striking Section 44-41-650(B) and inserting:
(B) A physician who performs or induced an abortion on a pregnant person based on an exception contained in subsection (A) may report the allegation of rape or incest to the sheriff in the county in which the abortion was performed if the physician obtains the patient's consent. The report may be made orally or otherwise, and if the patient so wishes, may include the name and contact information of the pregnant person making the allegation.
Renumber sections to conform.
Amend title to conform.
Rep. BAUER spoke in favor of the amendment.
Rep. BAUER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Bernstein Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson J. L. Johnson W. Jones King McDaniel Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Landing Lawson Leber Ligon Long Magnuson May McCabe McCravy McGinnis T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 140 to S. 474 (Word version) (LC-474.HA0459H), which was rejected:
Amend the bill, as and if amended, by striking Section 44-41-650(B) and inserting:
(B) A physician who performs or induces an abortion on a pregnant person based on an exception contained in subsection (A) may report the allegation of rape or incest to the sheriff in the county in which the abortion was performed if the physician obtains the patient's consent. The physician who performs or induces an abortion based on an allegation of rape or incest may provide the pregnant person with information about resources for mental health support and other resources for survivors of sexual assault.
Renumber sections to conform. Amend title to conform.
Rep. BAUER spoke in favor of the amendment.
Rep. MCDANIEL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson J. L. Johnson King McDaniel Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 141 to S. 474 (Word version) (LC-474.HA0475H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding Section 44-41-645:
Section 44-41-645. It is not a violation of Section 44-41-630 if an abortion is performed or induced on a pregnant woman if the pregnant woman attests that she does not wish to continue the pregnancy, and instead, wants to make her own decision about her body and medical care and that she wants to have an abortion.
Renumber sections to conform.
Amend title to conform.
Rep. BAUER spoke in favor of the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson J. L. Johnson King McDaniel Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 142 to S. 474 (Word version) (LC-474.HA0484H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding Section 44-41-645:
Section 44-41-645. It is not a violation of Section 44-41-630 if an abortion is performed or induced on a pregnant woman if the physician determines an abortion is in the best interest of the patient's health.
Renumber sections to conform. Amend title to conform.
Rep. BERNSTEIN spoke in favor of the amendment.
Rep. BERNSTEIN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Howard Jefferson J. L. Johnson W. Jones King McDaniel Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Magnuson May McCabe McCravy McGinnis Mitchell T. Moore T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 143 to S. 474 (Word version) (LC-474.HA0492H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding Section 44-41-645:
Section 44-41-645. It is not a violation of Section 44-41-630 if an abortion is performed or induced on a pregnant woman if the physician determines an abortion is in the best interest of the patient's health, including mental health.
Renumber sections to conform.
Amend title to conform.
Rep. BERNSTEIN spoke in favor of the amendment.
Rep. BERNSTEIN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Jefferson W. Jones King McDaniel Rivers Rose Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Kilmartin Landing Lawson Leber Ligon Long May McCabe McCravy McGinnis Mitchell T. Moore T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 144 to S. 474 (Word version) (LC-474.CM0317H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 6, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-685. There is created a new fund to provide travel costs for patients who are unable to get an abortion because of the six-week ban and the General Assembly shall appropriate $10,000,000 to this new fund.
Renumber sections to conform.
Amend title to conform.
Rep. HOWARD spoke in favor of the amendment.
Rep. HOWARD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bauer Cobb-Hunter Dillard Garvin Gilliard Henegan Jefferson J. L. Johnson W. Jones King Kirby Rivers Rose Rutherford Tedder Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long May McCabe McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Schuessler Sessions M. M. Smith Stavrinakis Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. MAY raised the Rule 8.3 Point of Order that Amendments 145-149, 153-158, 169-171, 654, 740-743, and 748-751.
Rep. BAMBERG argued contra. He stated that amendments that were similar in nature were not necessarily dilatory.
Rep. KING argued contra and stated that the Point of Order was not appropriately stated.
ACTING SPEAKER BANNISTER stated that he concurred in the statement that the amendments were dilatory. He stated that the amendments all dealt with the subject of appropriating funds, like Amendment No. 144, and that the amendments being challenged do the same thing with the only difference being varying the amounts and purposes of the appropriations. He sustained the Point of Order.
Rep. HIOTT moved that the House recede until 10:00 a.m., which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being the consideration of amendments.
The House resumed at 10:00 a.m., the SPEAKER in the chair.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 116:14: "I will fulfill my vows to the Lord in the presence of all God's people."
Let us pray. Dear heavenly Father, Your mercies are new every morning. Thank You for so richly providing every need of body and soul. Bless our World, Nation, President, State, Governor, Speaker, Staff, and all who give of their time and talent for the good of all. Bless our first responders and defenders of freedom as they continue to bless and take care of us. Remember our women and men who suffer from wounds, seen and unseen, of our brave warriors who provide the freedom we enjoy. Lord, in Your mercy, hear our prayers. Amen.
The House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. MITCHELL a temporary leave of absence.
The SPEAKER granted Rep. CONNELL a temporary leave of absence.
The SPEAKER granted Rep. WHEELER a temporary leave of absence.
Debate was resumed on the following Bill, the pending question being the consideration of amendments:
S. 474 (Word version) -- Senators Grooms, Massey, Kimbrell and Adams: A BILL TO AMEND ARTICLE 6, CHAPTER 41, TITLE 44 OF THE SOUTH CAROLINA CODE OF LAWS, RELATING TO THE FETAL HEARTBEAT AND PROTECTION FROM ABORTION ACT, SO AS TO PROVIDE THAT ABORTIONS MAY NOT BE PERFORMED IN THIS STATE AFTER A FETAL HEARTBEAT HAS BEEN DETECTED EXCEPT IN CASES OF RAPE OR INCEST DURING THE FIRST TWELVE WEEKS OF PREGNANCY, IN MEDICAL EMERGENCIES, OR IN LIGHT OF A FATAL FETAL ANOMALY; TO DEFINE NECESSARY TERMS; TO REPEAL SECTION 2 OF ACT 1 OF 2021; TO REPEAL SECTIONS 44-41-10 AND 44-41-20 OF THE S.C. CODE; AND TO REPEAL ARTICLE 5, CHAPTER 41, TITLE 44 OF THE S.C. CODE SUBJECT TO CERTAIN CONDITIONS.
Reps. King and Bamberg proposed the following Amendment No. 150 to S. 474 (Word version) (LC-474.AHB0278H), which was rejected:
Amend the Bill, as and if amended, SECTION __, by adding Section 44-41-625 to read:
Section 44-41-625. (A) A physician may perform, induce, or attempt to perform or induce an abortion on a minor who successfully petitions the court for an order granting her the right to obtain an abortion without the consent required in Section 44-41-31(1), and the probable gestational age of the unborn child is not more than sixteen weeks, or upon the final disposition of the petition, whichever occurs later.
(B) A physician may perform, induce, or attempt to perform or induce an abortion on a minor upon receiving consent that is obtained in accordance with Section 44-41-31(1), and the probable gestational age of the unborn child is not more than sixteen weeks.
Renumber sections to conform. Amend title to conform.
Rep. BAUER spoke in favor of the amendment. Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bauer Clyburn Dillard Erickson Garvin Gilliard Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Stavrinakis Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Davis Forrest Gagnon Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Herbkersman Hewitt Hiott Hixon Hyde Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy Mitchell T. Moore Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Thayer Vaughan White Whitmire Wooten Yow
Reps. King and Bamberg proposed the following Amendment No. 151 to S. 474 (Word version) (LC-474.AHB0294H), which was rejected:
Amend the Bill, as and if amended, SECTION 2, by adding Section 44-41-625 to read:
Section 44-41-625. (A) A physician may perform, induce, or attempt to perform or induce an abortion on a minor who successfully petitions the court for an order granting her the right to obtain an abortion without the consent required in Section 44-41-31(1), and the probable gestational age of the unborn child is not more than seventeen weeks, or upon the final disposition of the petition, whichever occurs later.
(B) A physician may perform, induce, or attempt to perform or induce an abortion on a minor upon receiving consent that is obtained in accordance with Section 44-41-31(1), and the probable gestational age of the unborn child is not more than seventeen weeks.
Renumber sections to conform. Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. BAUER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bauer Clyburn Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Rose Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Herbkersman Hewitt Hiott Hixon Hyde Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy Mitchell T. Moore Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Thayer Vaughan White Whitmire Wooten Yow
So, the amendment was rejected.
Rep. HIOTT raised the Rule 8.3 Point of Order that Amendments 450, 451, 452, 592, 594, 596, 725, 726, 727,728, 729, and 914 were dilatory. He stated that each of the amendments attempted to change or add to the definition of unborn child in Code Section 44-41-610 or change the phrase "unborn child" to "fetus" in the body of the bill. He stated that the amendments were meant to delay the debate of the bill.
The SPEAKER stated that the characterization of the amendments was correct and that he believed the amendments to be repetitive and intended to be dilatory. He sustained the Point of Order and ruled the amendments to be out of order
Rep. HIOTT raised the Rule 8.3 Point of Order that Amendments 489, 493-501, 679-684, and 926 were dilatory. He stated that each of the amendments concerned parental consent and were dealing with the same subject matter as earlier amendments 63, 64, 150, and 152.
The SPEAKER sustained the Point of Order concerning Amendments 496, 497, 498, 499, 500, 501, 679, 680, 681, 682, 684 and 926 and ruled them out of order. He overruled the Point of Order concerning Amendments 489, 493, 494, and 495.
Reps. King and Bamberg proposed the following Amendment No. 152 to S. 474 (Word version) (LC-474.AHB0297H), which was rejected:
Amend the Bill, as and if amended, SECTION 2, by adding Section 44-41-625 to read:
Section 44-41-625. (A) A physician may perform, induce, or attempt to perform or induce an abortion on a minor who successfully petitions the court for an order granting her the right to obtain an abortion without the consent required in Section 44-41-31(1), and the probable gestational age of the unborn child is not more than eighteen weeks, or upon the final disposition of the petition, whichever occurs later.
(B) A physician may perform, induce, or attempt to perform or induce an abortion on a minor upon receiving consent that is obtained in accordance with Section 44-41-31(1), and the probable gestational age of the unborn child is not more than eighteen weeks.
Renumber sections to conform. Amend title to conform.
Rep. HOWARD spoke in favor of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Rivers Rose Stavrinakis Tedder Thigpen Weeks Wetmore Williams
Those who voted in the negative are:
Atkinson Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
Reps. King and Bamberg proposed the following Amendment No. 159 to S. 474 (Word version) (LC-474.WAB0252H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 6, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-685. MUSC-Orangeburg must post online the number of abortions carried out, and if not posted within twelve hours be fined $10,000.
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. KIRBY spoke against the amendment.
Tthe amendment was rejected.
Rep. King proposed the following Amendment No. 160 to S. 474 (Word version) (LC-474.WAB0254H), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 6, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-685. MUSC-Orangeburg must post online the number of managed miscarriages, and if not posted within twelve hours of care be fined $10,000.
Renumber sections to conform.
Amend title to conform.
Rep. LANDING raised the Rule 8.3 Point of Order that Amendments 161-166 were dilatory.
The SPEAKER stated that he concurred in the statement that the amendments were dilatory. He stated that the amendments dealt with the same subject as Amendment Nos. 159 and 160, were dilatory, and he sustained the Point of Order.
Rep. HIOTT raised the Point of Order under Rule 8.3 that Amendments 173-180 and 930-945 were dilatory.
The SPEAKER sustained the Point of Order and ruled the amendments to be out of order.
Reps. King and Bamberg proposed the following Amendment No. 167 to S. 474 (Word version) (LC-474.CM0289H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 6, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-685. There is created a new childcare fund for individuals who sought and were denied an abortion because of the six-week ban and the General Assembly shall appropriate $15,000,000 to this new fund.
Renumber sections to conform.
Amend title to conform.
Rep. WETMORE spoke in favor of the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Rivers Rose Tedder Thigpen Weeks Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. OTT requested extra time to review amendments.
Rep. BAMBERG argued contra.
Rep. THIGPEN argued contra.
Rep. STAVRINAKIS spoke upon the Point of Order.
The SPEAKER took the Point of Order under advisement and stated he would rule upon the Point of Order later.
Rep. King and Bamberg proposed the following Amendment No. 200 to S. 474 (Word version) (LC-474.HA0181H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 6, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-715. Any pregnant woman who is ineligible to receive an abortion is entitled to child support beginning on the day that a fetal heartbeat is detected. The maximum amount of child support that the court may impose on the father of an unborn child shall be the amount of the medical expenses related to the pregnancy and pregnancy related expenses for the pregnant woman. Following the child's birth, the child support is subject to the provisions of Chapter 17, Title 63.
Renumber sections to conform.
Amend title to conform.
Rep. HENEGAN spoke in favor of the amendment.
Rep. WOOTEN raised the Rule 8.3 Point of Order that Amendment No. 200 was dilatory.
ACTING SPEAKER HIOTT overruled the Point of Order Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 201 to S. 474 (Word version) (LC-474.HA0182H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. For purposes of state taxes, a pregnant woman is authorized to claim her unborn child or unborn children as a dependent pursuant to Section 12-6-1140 and 12-6-1160, beginning on the date of the unborn child's or unborn children's conception.
Renumber sections to conform.
Amend title to conform.
Rep. HENEGAN spoke in favor of the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guest Guffey Haddon Hager Hardee Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan White Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 219 to S. 474 (Word version) (LC-474.HA0236H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. The Department of Health and Environmental Control (DHEC) must establish a study committee consisting of members of the Maternal Morbidity Review Committee, the South Carolina Chapter of the American College of Obstetricians and Gynecology, and other medical professionals qualified in maternal health as deemed necessary by DHEC. This study committee is charged with investigating the safety of progesterone after taking mifepristone, the safety of not taking misoprostol after taking mifepristone, and safety concerns of the legislature mandating required speech for physicians. Research and review either conducted by or utilized by the study committee must be completed in a controlled setting following the guidelines of the Food and Drug Administration and with oversight by an Institutional Review Board. The study committee submit a report to the legislature on the results of the investigation, including details on safety, efficacy, and soundness. This study committee must be organized within ninety days after this act's effective date and Section 44-41-640 must not go into effect until the study committee submits its report to the General Assembly.
Renumber sections to conform.
Amend title to conform.
Rep. BAUER spoke in favor of the amendment.
Rep. J. L. JOHNSON spoke against the amendment.
Rep. BAUER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby Ott Rivers Rose Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan White Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 214 to S. 474 (Word version) (LC-474.HA0233H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. In the event that the State of South Carolina is unsuccessful in defending any provision of this act in a court challenge, each South Carolina taxpayer shall receive a one-thousand dollar state tax credit.
Renumber sections to conform.
Amend title to conform.
Rep. MCDANIEL spoke in favor of the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Anderson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King McDaniel Rivers Rose Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Hartnett Hayes Hewitt Hiott Hixon Hyde S. Jones Jordan Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 215 to S. 474 (Word version) (LC-474.HA0095H), which was rejected:
Amend the bill, as and if amended, SECTION 1, by adding to Section 44-41-640(B):
(3) the pregnant woman is in an abusive relationship.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 216 to S. 474 (Word version) (LC-474.HA0119H), which was rejected:
Amend the bill, as and if amended, SECTION 1, by adding to Section 44-41-640(B):
(3) the pregnant woman lives in a county that does not have an abortion provider.
Renumber sections to conform.
Amend title to conform.
Rep. BAUER spoke in favor of the amendment.
Rep. HENEGAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Rivers Rose Rutherford Stavrinakis Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Landing Lawson Leber Ligon Long Lowe May McCabe McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 217 to S. 474 (Word version) (LC-474.HA0234H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. A medical abortion, as described in Section 44-41-695(A)(2)(a), must be covered by the pregnant woman's health insurance provider.
Renumber sections to conform.
Amend title to conform.
Rep. ROSE spoke in favor of the amendment.
Rep. ROSE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bauer Bernstein Clyburn Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King McDaniel Rivers Rose Stavrinakis Tedder Wheeler Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Landing Lawson Leber Ligon Long Lowe May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 235 to S. 474 (Word version) (LC-474.DG0140H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the women lives in a county that does not have an abortion provider.
Renumber sections to conform.
Amend title to conform.
Rep. KIRBY spoke in favor of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Rivers Rose Rutherford Stavrinakis Tedder Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guest Guffey Haddon Hager Hardee Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Landing Lawson Leber Ligon Long Lowe May McCabe McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 236 to S. 474 (Word version) (LC-474.DG0142H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the fetus has a severe fetal anomaly.
Renumber sections to conform.
Amend title to conform.
Rep. BERNSTEIN spoke in favor of the amendment.
Rep. J. L. JOHNSON spoke against the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atkinson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Ott Rivers Rose Rutherford Schuessler Stavrinakis Tedder Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brittain Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 237 to S. 474 (Word version) (LC-474.DG0143H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the woman is of a religion that is in disagreement with this act.
Renumber sections to conform.
Amend title to conform.
Rep. BERNSTEIN spoke in favor of the amendment.
Rep. OTT spoke against the amendment.
Rep. BERNSTEIN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 239 to S. 474 (Word version) (LC-474.DG0148H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the woman is under the age of twenty-one.
Renumber sections to conform.
Amend title to conform.
Rep. JEFFERSON spoke in favor of the amendment.
Rep. J. L. JOHNSON spoke against the amendment.
Rep. JEFFERSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson King McDaniel Rivers Rose Rutherford Stavrinakis Tedder Wetmore Wheeler Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 240 to S. 474 (Word version) (LC-474.DG0149H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the woman is under the age of twenty-five.
Renumber sections to conform.
Amend title to conform.
Rep. DILLARD spoke in favor of the amendment.
Rep. DILLARD continued speaking.
The amendment was then rejected by a division vote of 20 to 75. The SPEAKER ruled upon Rep. HIOTT'S Point of Order pursuant to Rule 8.3 that amendments 168, 172, 181-184, 194-199, 202-203, 209-213, 218, 246, 304-307, 309, 449, 465-466, 470-472, 476-477, 479-480, 50, 515-516, 578, 586, 591, 597-603, 627, 641, 651-653, 655-658, 660, 662, 666, 687-691, 739, 744-747, 752, 756-759, 883-890, 892-893, 897-901, 903, 921, 924-925, 928-929, and 946-947 were out of order as frivolous, absurd, irrational, and dilatory in purpose and intent. The SPEAKER stated he had reviewed each amendment in question. He then cited several of the amendments as examples of all of the amendments in question. He sustained the Point of Order and ruled all the amendments to be dilatory and out of order.
The SPEAKER granted Rep. BRITTAIN a temporary leave of absence.
Reps. King and Bamberg proposed the following Amendment No. 241 to S. 474 (Word version) (LC-474.DG0151H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the woman is under the age of fifty.
Renumber sections to conform.
Amend title to conform.
Rep. DILLARD spoke in favor of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey J. L. Johnson W. Jones King Kirby McDaniel Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 242 to S. 474 (Word version) (LC-474.DG0153H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the woman lives in a county that does not have an abortion provider within its geographical boundaries.
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. COBB-HUNTER continued speaking.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey J. L. Johnson W. Jones King Kirby McDaniel Rivers Rose Rutherford Stavrinakis Tedder Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 243 to S. 474 (Word version) (LC-474.DG0155H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the woman suffers from a diagnosed mental health issue.
Renumber sections to conform.
Amend title to conform.
Rep. ROSE spoke in favor of the amendment.
Rep. ROSE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Bamberg Bauer Bernstein Clyburn Cobb-Hunter Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King McDaniel Rivers Rose Rutherford Stavrinakis Tedder Wetmore Wheeler White Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 244 to S. 474 (Word version) (LC-474.DG0158H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the woman is under the age of twenty-one and did not receive sufficient sex education instruction on pregnancy and the risks associated therewith.
Renumber sections to conform.
Amend title to conform.
Rep. TEDDER spoke in favor of the amendment.
Rep. MCDANIEL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Gilliard Henderson-Myers Henegan Hosey Jefferson W. Jones Kirby McDaniel Rivers Rose Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 245 to S. 474 (Word version) (LC-474.DG0160H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) when a physician determines, based on his or her professional medical judgement, that it is the best course of action for that individual patient.
Renumber sections to conform.
Amend title to conform.
Rep. WETMORE spoke in favor of the amendment.
Rep. WETMORE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel Rivers Rose Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Beach Blackwell Brewer Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Davis Elliott Erickson Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Acting SPEAKER JORDAN granted Rep. WHEELER a temporary leave of absence.
Rep. King and Bamberg proposed the following Amendment No. 308 to S. 474 (Word version) (LC-474.DG0877H), which was rejected:
Amend the bill, as and if amended, by striking the definition of 'rape' and inserting:
"Rape" means any nonconsensual sex that results in pregnancy. Consent only may be proved with signed affidavits from all parties.
Renumber sections to conform.
Amend title to conform.
Rep. WETMORE spoke in favor of the amendment.
Rep. B. NEWTON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hixon Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Ott Rivers Rose Tedder Williams
Those who voted in the negative are:
Bailey Ballentine Beach Bradley Brewer Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hyde Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Neese W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. J. L. JOHNSON moved that the House recede until 2:30 p.m.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Beach Bradley Brewer Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Elliott Erickson Forrest Gagnon Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hewitt Hiott Hixon Hyde J. E. Johnson Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Thayer Trantham Vaughan West Whitmire Yow
So, the House refused to recede.
Rep. J. L. JOHNSON moved that the House do now adjourn.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henegan Hosey Howard Jefferson J. L. Johnson King Kirby McDaniel J. Moore Rose Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Beach Blackwell Bradley Brewer Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Davis Elliott Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Hager Hardee Harris Hartnett Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Thayer Trantham Vaughan West White Whitmire Wooten Yow
So, the House refused to adjourn.
Rep. King and Bamberg proposed the following Amendment No. 310 to S. 474 (Word version) (LC-474.DG0903H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Medicaid must cover the cost of pregnancy tests for all people in this State. Drug stores shall provide the tests for free and shall be reimbursed by Medicaid. A person may receive up to five tests for each visit.
Renumber sections to conform.
Amend title to conform.
Rep. KING spoke in favor of the amendment.
Rep. TRANTHAM spoke against the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Collins Connell B. J. Cox B. L. Cox Crawford Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. J. L. JOHNSON moved that the House recur to the morning hour.
Rep. B. NEWTON moved to table the motion.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bernstein Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Davis Dillard Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Henderson-Myers Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin King Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Rose Sandifer Schuessler Sessions G. M. Smith M. M. Smith Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Anderson Bamberg Bauer Clyburn Cobb-Hunter Garvin Gilliard Henegan Hosey Howard Jefferson J. L. Johnson W. Jones McDaniel J. Moore Rivers Rutherford Taylor Tedder Wetmore Williams
So, the House refused to recur to the morning hour.
Rep. King and Bamberg proposed the following Amendment No. 311 to S. 474 (Word version) (LC-474.DG0935H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Medicaid must cover the cost of Plan B emergency contraception for all people in this State. Drug stores shall provide the Plan B for free and shall be reimbursed by Medicaid. A person may receive up to five doses for each visit.
Renumber sections to conform.
Amend title to conform.
Rep. HENDERSON-MYERS spoke in favor of the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 312 to S. 474 (Word version) (LC-474.DG0939H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Medicaid must cover the cost of contraceptives for all people in this State.
Renumber sections to conform.
Amend title to conform.
Rep. HENDERSON-MYERS spoke in favor of the amendment.
The amendment was then rejected by a division vote of 21 to 72.
Rep. MCDANIEL moved that the House do now adjourn.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Tedder
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the House refused to adjourn.
Rep. King and Bamberg proposed the following Amendment No. 313 to S. 474 (Word version) (LC-474.DG0867H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Notwithstanding any other provision of law, it is not a violation of Section 44-41-640 if an abortion is performed or induced on a pregnant women due to her having the permission from a federally recognized religious institution, as identified by the Internal Revenue Service.
Renumber sections to conform.
Amend title to conform.
Rep. WETMORE spoke in favor of the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Tedder Williams
Those who voted in the negative are:
Anderson Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 453 to S. 474 (Word version) (LC-474.SA0094H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the fetus has a severe fetal anomaly.
Renumber sections to conform.
Amend title to conform.
Rep. WETMORE spoke in favor of the amendment.
The amendment was then rejected by a division vote of 20 to 73.
Rep. J. L. JOHNSON moved that the House recede until 3:00 p.m.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the House refused to recede.
Reps. King and Bamberg proposed the following Amendment No. 454 to S. 474 (Word version) (LC-474.SA0084H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the woman requesting the abortion has any type of health risks associated with the pregnancy.
Renumber sections to conform.
Amend title to conform.
Rep. WETMORE spoke in favor of the amendment.
Rep. WETMORE demanded the yeas and nays which were taken, resulting as follows:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Garvin Gilliard Hayes Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 455 to S. 474 (Word version) (LC-474.VR0126H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 1, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-90. The Department Health and Human Services Medicaid plans are required to provide coverage for abortion services permitted pursuant to this chapter and pay all costs associated due to the provisions of this chapter.
Renumber sections to conform.
Amend title to conform.
Rep. RIVERS spoke in favor of the amendment.
Rep. RIVERS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 456 to S. 474 (Word version) (LC-474.VR0122H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 1, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-90. A private health plan must cover all costs associated with admittance in the hospital due to the act including but not limited to all labor and delivery costs due to the provisions of this chapter.
Renumber sections to conform.
Amend title to conform.
Rep. MCCRAVY raised the Rule 8.3 Point of Order that Amendment No. 456 was dilatory as it was identical to Amendment No. 17 that had been rejected by the House.
Acting Speaker JORDAN stated that he had reviewed both amendments, that they were not identical, and he overruled the Point of Order.
Rep. RIVERS spoke in favor of the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King proposed the following Amendment No. 457 to S. 474 (Word version) (LC-474.DG0063H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 1, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-90. The department must include miscarriages in infant mortality data.
Renumber sections to conform.
Amend title to conform.
Rep. RIVERS spoke in favor of the amendment.
Rep. RIVERS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Jefferson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 458 to S. 474 (Word version) (LC-474.VR0125H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 1, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-90. A Medicaid plan must cover all costs associated with admittance to the hospital due to the act including, but not limited to, labor and delivery costs due to the provisions of this chapter.
Renumber sections to conform.
Amend title to conform.
Rep. RIVERS spoke in favor of the amendment.
Rep. RIVERS continued speaking.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Jefferson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Wetmore Wheeler Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde S. Jones Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 459 to S. 474 (Word version) (LC-474.DG0091H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-610, by adding an item to read:
(13) "Abortion" means the use of an instrument, medicine, drug, or other substance or device with the intent to terminate the pregnancy of a woman known to be pregnant for reasons, other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Jefferson W. Jones King Kirby McDaniel J. Moore Ott Rivers Rose Rutherford Stavrinakis Tedder Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 460 to S. 474 (Word version) (LC-474.DG0058H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 1, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-90. Each week, the Department of Health and Environmental Control shall inspect and certify as accurate any ultrasound machines used to indicate a pregnant woman is carrying a human fetus with a detectable heartbeat.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Jefferson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde S. Jones Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected. The SPEAKER stated that he was ruling on Rep. HIOTT's prior Point of Order where he claimed that Amendments 238, 454, 468, 473, 484, 488, 580, 593, 629, and 635 were dilatory. He stated that he was not comfortable with ruling upon these amendments and that the House would consider these amendments. He stated that he would consider points of order on these amendments later when they were amended, and that, at this time, he was overruling Rep. HIOTT's Point of Order.
Rep. HIOTT raised the Rule 8.3 Point of Order that Amendments 461, 462, 463, and 464 were dilatory. He stated that these amendments, like Amendment No. 460, required DHEC to inspect ultrasound machines. The only difference in the amendments was the frequency with which the inspections must occur.
Rep. OTT argued against the Point of Order.
Speaker GM Smith stated that he agreed that 464 was dilatory and out of order. He stated that 461, 462, and 463 were substantially different that they were not dilatory, and he overruled the Point of Order to those three amendments.
Rep. King proposed the following Amendment No. 461 to S. 474 (Word version) (LC-474.DG0056H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 1, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-90. Each month, the Department of Health and Environmental Control shall inspect and certify as accurate any ultrasound machines used to indicate a pregnant woman is carrying a human fetus with a detectable heartbeat.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson King Kirby McDaniel J. Moore Ott Rivers Rose Rutherford Tedder Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
Reps. King and Bamberg proposed the following Amendment No. 462 to S. 474 (Word version) (LC-474.DG0054H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 1, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-90. Twice each year, the Department of Health and Environmental Control shall inspect and certify as accurate any ultrasound machines used to indicate a pregnant woman is carrying a human fetus with a detectable heartbeat.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Ott Rivers Rose Stavrinakis Tedder Thigpen Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 463 to S. 474 (Word version) (LC-474.DG0055H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 1, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-90. Each quarter, the Department of Health and Environmental Control shall inspect and certify as accurate any ultrasound machines used to indicate a pregnant woman is carrying a human fetus with a detectable heartbeat.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. OTT spoke against the amendment.
The amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 467 to S. 474 (Word version) (LC-474.SA0074H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the woman requesting the abortion lives under the federal poverty line.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Tedder Thigpen Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. B. NEWTON raised the Rule 8.3 Point of Order that Amendments 468, 473, 484, 488, 580, 593, 629, and 635 were dilatory.
The SPEAKER said that he reviewed the amendments after the presentation of Amendments concerning exceptions to the bill he determined that the amendments challenged were dilatory in nature and out of order. He sustained the Point of Order.
Reps. King and Bamberg proposed the following Amendment No. 469 to S. 474 (Word version) (LC-474.SA0073H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the woman requesting the abortion lives in a county that does not have an abortion provider.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rutherford Tedder Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
The SPEAKER granted Rep. MAY a temporary leave of absence.
Reps. King and Bamberg proposed the following Amendment No. 474 to S. 474 (Word version) (LC-474.SA0075H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the woman requesting the abortion is in an abusive relationship.
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER spoke in favor of the amendment.
The SPEAKER granted Rep. CHUMLEY a temporary leave of absence.
Rep. COBB-HUNTER continued speaking.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Tedder Thigpen Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
Reps. King and Bamberg proposed the following Amendment No. 475 to S. 474 (Word version) (LC-474.SA0081H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the woman requesting the abortion has religious views that conflict with the law.
Renumber sections to conform.
Amend title to conform.
Rep. ALEXANDER spoke in favor of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey King Kirby McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 481 to S. 474 (Word version) (LC-474.HA1061H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-610(9) and inserting:
(9) "Medical emergency" means in the reasonable medical judgment of the treating physician, a condition exists that has complicated the pregnant woman's medical condition or a condition exists where the fetus is unlikely to survive the pregnancy.
Renumber sections to conform.
Amend title to conform.
Rep. RIVERS spoke in favor of the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Thigpen Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Hartnett Hayes Hewitt Hiott Hixon Hyde S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. HIOTT raised the Rule 8.3 Point of Order that Amendments 482, 483, 732 thru 738, 696, and 913 are dilatory and out of order.
The SPEAKER sustained the Point of Order and stated that he had reviewed all the amendments, that each amendment defined medical emergency, and that the amendments were dilatory in nature. He sustained the Point of Order.
Reps King and Bamberg proposed the following Amendment No. 485 to S. 474 (Word version) (LC-474.VR1036H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-630(A)(2) and inserting:
(2) during the performance of the ultrasound, display the ultrasound images so that the pregnant woman may view the images examine the ultrasound images; and
Renumber sections to conform.
Amend title to conform.
Rep. MCDANIEL spoke in favor of the amendment.
Rep. MCDANIEL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Carter Chapman Collins Connell B. J. Cox B. L. Cox Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Yow
So, the amendment was rejected.
Rep. J. L. JOHNSON moved that the House recede until 5:00 p.m.
Rep. B. NEWTON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Rivers Rose Rutherford Tedder Wetmore Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the House refused to recede.
I was temporarily out of the Chamber on constituent business during the vote to recede for the day. If I had been present, I would have voted against receding.
Rep. Max Hyde
Reps King and Bamberg proposed the following Amendment No. 486 to S. 474 (Word version) (LC-474.VR1044H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-630(A)(3):
(3) record a written medical description of the ultrasound images of the unborn child's fetal heartbeat, if present and viewable.
Renumber sections to conform.
Amend title to conform.
Rep. BERNSTEIN spoke in favor of the amendment.
The amendment was then rejected by a division vote of 18 to 68.
Reps King and Bamberg proposed the following Amendment No. 487 to S. 474 (Word version) (LC-474.VR1049H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by deleting Section 44-41-630(B).
Renumber sections to conform.
Amend title to conform.
Rep. BERNSTEIN spoke in favor of the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Stavrinakis Tedder Wetmore Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Beach Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 490 to S. 474 (Word version) (LC-474.HA0580H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding Section 44-41-625 to read:
Section 44-41-625. A physician may perform, induce, or attempt to perform or induce an abortion on a minor without the parental consent required in Section 44-41-31(1) if the minor is over fifteen years of age.
Renumber sections to conform.
Amend title to conform.
Rep. HENDERSON-MYERS spoke in favor of the amendment.
Rep. WILLIAMS spoke against the amendment.
Rep. GARVIN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Rose Rutherford Stavrinakis Tedder Wetmore
Those who voted in the negative are:
Bailey Ballentine Beach Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Lowe McCabe McCravy McGinnis Mitchell T. Moore T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Rivers Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Williams Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 491 to S. 474 (Word version) (LC-474.HA0594H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding Section 44-41-625:
Section 44-41-625. A physician may perform, induce, or attempt to perform or induce an abortion on a minor without the parental consent required in Section 44-41-31(1) if the minor is over sixteen years of age.
Renumber sections to conform.
Amend title to conform.
Rep. HENDERSON-MYERS spoke in favor of the amendment.
Rep. WILLIAMS spoke against the amendment.
Rep. T. MOORE spoke against the amendment.
Rep. HENDERSON-MYERS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Gilliard Henderson-Myers Henegan Hosey J. L. Johnson King Kirby McDaniel J. Moore Rose Stavrinakis
Those who voted in the negative are:
Atkinson Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde Jefferson J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton Nutt O'Neal Ott Pace Pedalino Rivers Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham West Wheeler White Whitmire Williams Willis Wooten Yow
So, the amendment was rejected.
Acting SPEAKER HIOTT granted Rep. COLLINS a leave of absence for the remainder of the day.
Acting SPEAKER HIOTT granted Rep. WETMORE a leave of absence for the remainder of the day.
Rep. King and Bamberg proposed the following Amendment No. 493 to S. 474 (Word version) (LC-474.HA0603H), which was ruled out of order:
Amend the bill, as and if amended, SECTION 2 by adding Section 44-41-625:
Section 44-41-625. A physician may perform, induce, or attempt to perform or induce an abortion on a minor without the parental consent required in Section 44-41-31(1) if the physician deems the abortion necessary for the patient's health.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. B. NEWTON raised the Rule 8.3 Point of Order that Amendments 493, 494, and 495 dilatory and out of order.
ACTING SPEAKER HIOTT stated that for previous amendments dealt with the same issue as the amendments in question. He stated that amendments 493, 494, and 495 were dilatory in nature and out of order.
Rep. King and Bamberg proposed the following Amendment No. 504 to S. 474 (Word version) (LC-474.HA0131H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the pregnant woman's religious beliefs are contrary to the provisions of this article.
Renumber sections to conform.
Amend title to conform.
Rep. BERNSTEIN spoke in favor of the amendment.
Rep. OTT spoke against the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hayes Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Rivers Rose Stavrinakis Tedder Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Kirby Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Thayer Trantham Vaughan West Wheeler White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 505 to S. 474 (Word version) (LC-474.HA0165H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the pregnant woman is an abusive relationship and has reported at least one incident of domestic violence.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. NUTT raised the Rule 8.3 Point of Order that Amendment 505 was dilatory and out of order.
ACTING SPEAKER HIOTT overruled the Point of Order.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henegan Hosey Howard Jefferson J. L. Johnson King Kirby McDaniel J. Moore Rivers Rose Tedder Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Beach Blackwell Bradley Brewer Bustos Calhoon Carter Chapman Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 506 to S. 474 (Word version) (LC-474.HA0167H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the pregnant woman lives below the poverty line.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Rivers Rose Tedder Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McGinnis Mitchell T. Moore T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 508 to S. 474 (Word version) (LC-474.HDB0209H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Section 44-41-330 of the S.C. Code is amended to read:
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)(a) The woman must be informed by the physician who is to perform the abortion or by an allied health professional working in conjunction with the physician of the procedure to be involved and by the physician who is to perform the abortion of the probable gestational age of the embryo or fetus at the time the abortion is to be performed. If an ultrasound is performed, an abortion may not be performed sooner than sixty minutes following completion of the ultrasound. The physician who is to perform the abortion or an allied health professional working in conjunction with the physician must inform the woman before the ultrasound procedure of her right to view the ultrasound image at her request during or after the ultrasound procedure. (b) If the physician who intends to perform or induce an abortion on a pregnant woman has determined pursuant to Section 44-41-630 that the human fetus the pregnant woman is carrying has a detectable fetal heartbeat, then that physician shall inform the pregnant woman in writing that the human fetus the pregnant woman is carrying has a fetal heartbeat. The physician shall further inform the pregnant woman, to the best of the physician's knowledge, of the statistical probability, absent an induced abortion, of bringing the human fetus possessing a detectable fetal heartbeat to term based on the gestational age of the human fetus or, if the director of the department has specified statistical probability information, shall provide to the pregnant woman that information. The department may promulgate regulations that specify information regarding the statistical probability of bringing an unborn child possessing a detectable fetal heartbeat to term based on the gestational age of the unborn child. Any regulations must be based on available medical evidence.
(2) The woman must be presented by the physician who is to perform the abortion or by an allied health professional working in conjunction with the physician a written form containing the following statement: "You have the right to review printed materials prepared by the State of South Carolina which describe fetal development, list agencies which offer alternatives to abortion, and describe medical assistance benefits which may be available for prenatal care, childbirth, and neonatal care. You have the right to view your ultrasound image." This form must be signed and dated by both the physician who is to perform the procedure and the pregnant woman upon whom the procedure is to be performed.
(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 must determine that the written certification prescribed by item (3) of this subsection or the certification required by subsection (D) has been signed. This subsection does not apply in the case where an abortion is performed pursuant to a court order.
(B) Nothing herein limits the information provided by 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 twenty-four hoursone hour 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 hoursone hour 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.
(E) In the event the person upon whom the abortion is to be performed or induced is an unemancipated minor, as defined in Section 44-41-10, the information described in Section 44-41-330(A)(1) and (2) must be furnished and offered respectively to a parent of the minor, a legal guardian of the minor, a grandparent of the minor, or any person who has been standing in loco parentis to the minor for a period of not less than sixty days. The parent, legal guardian, grandparent, or person who has been standing in loco parentis, as appropriate, must make the certification required by Section 44-41-330(A)(3). In the event the person upon whom the abortion is to be performed is under adjudication of mental incompetency by a court of competent jurisdiction, the information must be furnished and offered respectively to her spouse or a legal guardian if she is married; if she is not married, from one parent or a legal guardian. The spouse, legal guardian, or parent, as appropriate, must make the certification required by Section 44-41-330(A)(3). This subsection does not apply in the case of an abortion performed pursuant to a court order.
(F) A clinic or other facility must maintain, for three years after the abortion is performed or induced, the woman's written verification that the information was so provided and the printed materials were so offered. In the case of an unemancipated minor or mentally incompetent person, the clinic or other facility is required to maintain a copy of the court order or the medical records and written consent for three years after the procedure is performed.
(G) This section does not apply if a clinic or other facility where abortions are performed or induced does not have, through no fault of the clinic or facility and if the clinic or facility can demonstrate through written evidence the unavailability of the materials described in Section 44-41-340.
Renumber sections to conform.
Amend title to conform.
Rep. ROSE spoke in favor of the amendment.
Rep. ROSE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bamberg Bauer Bernstein Clyburn Dillard Garvin Gilliard Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Rivers Rose Stavrinakis Tedder
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 509 to S. 474 (Word version) (LC-474.HA0134H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the pregnant woman is younger than twenty-one years of age.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Gilliard Henegan Hosey Howard W. Jones King McDaniel J. Moore Rivers Rose Stavrinakis Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 510 to S. 474 (Word version) (LC-474.HA0135H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the pregnant woman is younger than twenty-five years of age.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Rivers Rose Stavrinakis Tedder Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 511 to S. 474 (Word version) (LC-474.HA0138H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the pregnant woman is younger than fifty years of age.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Henegan Hosey Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Rivers Rose Stavrinakis Tedder Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 512 to S. 474 (Word version) (LC-474.HA0159H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the pregnant woman lives in a county that does not have an abortion provider within its geographical boundaries.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Tedder Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 513 to S. 474 (Word version) (LC-474.HA0162H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the pregnant woman suffers from a diagnosed mental health condition.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Ott Rivers Rose Tedder Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde S. Jones Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 514 to S. 474 (Word version) (LC-474.HA0164H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640(B), by adding an item to read:
(3) the pregnant woman is younger than twenty-one years of age and did not receive sufficient sex education instruction regarding pregnancy and the risks associated with pregnancy.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 579 to S. 474 (Word version) (LC-474.VR0137H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 1, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-90. All OB/GYN's are required to receive continuing medical education (CME) training related to the additional requirements imposed due to the provisions of this chapter.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. KIRBY spoke against the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Rivers Rose Tedder
Those who voted in the negative are:
Atkinson Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Kirby Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 581 to S. 474 (Word version) (LC-474.SA0057H), which was rejected:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-41-640(C) and inserting:
(C) The physician shall make written notations in the pregnant woman's medical records that the abortion was performed pursuant to the applicable exception
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King J. Moore Rivers Stavrinakis Tedder
Those who voted in the negative are:
Atkinson Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Kirby Landing Lawson Ligon Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 582 to S. 474 (Word version) (LC-474.SA0068H), which was rejected:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-41-640(B)(2) and inserting:
(2) the pregnancy is the result of incest, and the probable gestational age of the unborn child is not more than twelve weeks. A police report is required to obtain an abortion pursuant to this item.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby J. Moore Rivers Rose Stavrinakis Tedder
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 583 to S. 474 (Word version) (LC-474.SA0062H), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 44-41-640, by adding a subsection to read:
(E) In order to obtain an abortion pursuant to the exception provided in subsection (B), a woman shall file a police report to report the rape.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bamberg Bauer Bernstein Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Tedder Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 584 to S. 474 (Word version) (LC-474.VR0127H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 1, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-90. The Medicaid plan must pay for genetic testing for women denied an abortion pursuant to this chapter and must give them connections to resources due to the provisions of this chapter.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. BAUER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Tedder Williams
Those who voted in the negative are:
Bailey Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gilliam Guest Guffey Hager Hardee Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore T. A. Morgan Moss Neese W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 587 to S. 474 (Word version) (LC-474.DG0086H), which was rejected:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-41-610(3) and inserting:
(3) "Fatal fetal anomaly" means that, in reasonable medical judgment, the fetus has a profound and irremediable congenital or chromosomal anomaly that, with or without the provision of life-preserving treatment, would be incompatible with sustaining life after birth.
Amend the bill further, SECTION 1, by striking Section 44-41-610(5)(6) and (6)(7) and inserting:
(5)(6) "Gestational sac" means the structure that comprises the extraembryonic membranes that envelop the human fetus and that is typically visible by ultrasound after the fourth week of pregnancy.
(6)(7) "Human fetus" or "unborn child" each means an individual organism of the species homo sapiens from fertilization until live birth.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. DILLARD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Rivers Rose Stavrinakis Tedder Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis T. Moore T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. B. NEWTON raised the Rule 8.3 Point of Order that Amendments 700, 702, 703, 704, 705, 707, and 707 were dilatory and out of order.
Rep. BAMBERG argued contra.
The SPEAKER stated that the amendments in question were dilatory in nature and meant to delay. He sustained the Point of Order.
Rep. B. NEWTON raised the Point of Order that Amendments 714, 715, 716, 717, 718, 719, 720, 721, and 722 were dilatory and out of order.
Rep. BAUER argued contra.
The SPEAKER cited his earlier precedents and sustained the Point of Order.
Rep. BAUER argued contra.
The SPEAKER cited his earlier rulings and sustained the Point of Order.
Rep. B. NEWTON raised the Rule 8.3 Point of Order that Amendments 770 thru 780 were dilatory.
The SPEAKER cited his earlier rulings and stated that consistent with those rulings he was sustaining the Point of Order.
Reps. King and Bamberg proposed the following Amendment No. 588 to S. 474 (Word version) (LC-474.DG0076H), which was rejected:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-41-610(3)(4) and inserting:
(3)(4) "Fetal heartbeat" means embryonic or fetal cardiac activity, or the steady and repetitive rhythmic contraction of the fetal heart, within the gestational sac.
Renumber sections to conform.
Amend title to conform.
Rep. BAUER spoke in favor of the amendment.
The amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 628 to S. 474 (Word version) (LC-474.PH0206H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Section 40-47-37 of the S.C. Code is amended by adding:
(F) Patients who are pregnant for ten weeks or less may obtain a medication abortion via telehealth and may obtain the two medications of the medical abortion protocol by mail or through prescriptions that may be filled at all pharmacies in this state.
Renumber sections to conform.
Amend title to conform.
Rep. HENEGAN spoke in favor of the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Bernstein Clyburn Dillard Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Rivers Rose Stavrinakis Tedder Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Blackwell Bradley Brewer Burns Bustos Carter Chapman Chumley Connell B. J. Cox B. L. Cox Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe May McCabe McCravy McGinnis Mitchell T. Moore T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King proposed the following Amendment No. 630 to S. 474 (Word version) (LC-474.PH0210H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. This act may be cited as the "South Carolina Unborn Child Protection from Dismemberment Abortion Act".
Amend the bill further, SECTION 1, page 1, by striking line 30 and inserting:
Fetal Heartbeat and Protection from Abortion ActSouth Carolina Unborn Child Protection from Dismemberment Abortion Act
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. Article 6, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-750. (A)Notwithstanding another provision of law, a physician who knowingly performs a dismemberment abortion and thereby kills an unborn child, unless necessary to prevent any serious health risks to the unborn child's mother, is guilty of a felony and, upon conviction, must be fined ten thousand dollars or imprisoned for not more than two years, or both.
(B) "Serious health risk to the unborn child's mother" means that in reasonable medical judgment, the mother has a condition that so complicates her medical condition that it necessitates the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.
Renumber sections to conform.
Amend title to conform.
Rep. HENEGAN spoke in favor of the amendment.
The amendment was rejected.
Rep. King proposed the following Amendment No. 631 to S. 474 (Word version) (LC-474.HDB0198H), which was rejected:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-41-610(9) and inserting:
(9) "Physician" means any a person licensed to practice medicine and surgery, or osteopathic medicine and surgery, in this State and specifically includes pharmacists.
Amend the bill further, SECTION 3, by striking Section 44-41-10(b) and inserting:
(b) "Physician" means a person licensed to practice medicine in this State and specifically includes pharmacists.
Renumber sections to conform.
Amend title to conform.
Rep. HENEGAN spoke in favor of the amendment.
The amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 632 to S. 474 (Word version) (LC-474.HDB0200H), which was rejected:
Amend the bill, as and if amended, SECTION 1, by deleting Section 44-41-640.
Renumber sections to conform.
Amend title to conform.
Rep. HENEGAN spoke in favor of the amendment.
The amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 633 to S. 474 (Word version) (LC-474.HDB0208H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Section 44-41-330 of the S.C. Code is amended to read:
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)(a) The woman must be informed by the physician who is to perform the abortion or by an allied health professional working in conjunction with the physician of the procedure to be involved and by the physician who is to perform the abortion of the probable gestational age of the embryo or fetus at the time the abortion is to be performed. If an ultrasound is performed, an abortion may not be performed sooner than sixty minutes following completion of the ultrasound. The physician who is to perform the abortion or an allied health professional working in conjunction with the physician must inform the woman before the ultrasound procedure of her right to view the ultrasound image at her request during or after the ultrasound procedure.
(b) If the physician who intends to perform or induce an abortion on a pregnant woman has determined pursuant to Section 44-41-630 that the human fetus the pregnant woman is carrying has a detectable fetal heartbeat, then that physician shall inform the pregnant woman in writing that the human fetus the pregnant woman is carrying has a fetal heartbeat. The physician shall further inform the pregnant woman, to the best of the physician's knowledge, of the statistical probability, absent an induced abortion, of bringing the human fetus possessing a detectable fetal heartbeat to term based on the gestational age of the human fetus or, if the director of the department has specified statistical probability information, shall provide to the pregnant woman that information. The department may promulgate regulations that specify information regarding the statistical probability of bringing an unborn child possessing a detectable fetal heartbeat to term based on the gestational age of the unborn child. Any regulations must be based on available medical evidence.
(2) The woman must be presented by the physician who is to perform the abortion or by an allied health professional working in conjunction with the physician a written form containing the following statement: "You have the right to review printed materials prepared by the State of South Carolina which describe fetal development, list agencies which offer alternatives to abortion, and describe medical assistance benefits which may be available for prenatal care, childbirth, and neonatal care. You have the right to view your ultrasound image." This form must be signed and dated by both the physician who is to perform the procedure and the pregnant woman upon whom the procedure is to be performed.
(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 must determine that the written certification prescribed by item (3) of this subsection or the certification required by subsection (D) has been signed. This subsection does not apply in the case where an abortion is performed pursuant to a court order.
(B) Nothing herein limits the information provided by 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 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.
(E) In the event the person upon whom the abortion is to be performed or induced is an unemancipated minor, as defined in Section 44-41-10, the information described in Section 44-41-330(A)(1) and (2) must be furnished and offered respectively to a parent of the minor, a legal guardian of the minor, a grandparent of the minor, or any person who has been standing in loco parentis to the minor for a period of not less than sixty days. The parent, legal guardian, grandparent, or person who has been standing in loco parentis, as appropriate, must make the certification required by Section 44-41-330(A)(3). In the event the person upon whom the abortion is to be performed is under adjudication of mental incompetency by a court of competent jurisdiction, the information must be furnished and offered respectively to her spouse or a legal guardian if she is married; if she is not married, from one parent or a legal guardian. The spouse, legal guardian, or parent, as appropriate, must make the certification required by Section 44-41-330(A)(3). This subsection does not apply in the case of an abortion performed pursuant to a court order.
(F)(D) A clinic or other facility must maintain, for three years after the abortion is performed or induced, the woman's written verification that the information was so provided and the printed materials were so offered. In the case of an unemancipated minor or mentally incompetent person, the clinic or other facility is required to maintain a copy of the court order or the medical records and written consent for three years after the procedure is performed.
(G)(E) This section does not apply if a clinic or other facility where abortions are performed or induced does not have, through no fault of the clinic or facility and if the clinic or facility can demonstrate through written evidence the unavailability of the materials described in Section 44-41-340.
Renumber sections to conform.
Amend title to conform.
Rep. HENEGAN spoke in favor of the amendment.
Rep. DILLARD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Bernstein Clyburn Dillard Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King McDaniel Rivers Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps King and Bamberg proposed the following Amendment No. 634 to S. 474 (Word version) (LC-474.VR0190H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 1, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-95. There is established the Reproductive Rights Travel Trust Fund, separate and distinct from the general fund, in the State Treasury. The purpose of the fund is to enable women to travel outside the State to receive abortion or other reproductive health care not available in South Carolina.
Renumber sections to conform.
Amend title to conform.
Rep. HENEGAN spoke in favor of the amendment.
The amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 637 to S. 474 (Word version) (LC-474.DG0145H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 6, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-750. Nothing in this article may be construed to constrict the constitutional right of a woman to choose to have an abortion before viability and to obtain an abortion without undue interference from the state.
Renumber sections to conform.
Amend title to conform.
Rep. BAUER spoke in favor of the amendment.
The amendment was rejected.
Rep. King proposed the following Amendment No. 638 to S. 474 (Word version) (LC-474.DG0147H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 6, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-750. Any women prevented from having an abortion pursuant to this this act may receive child support starting at the moment the fetal heartbeat is detected. The maximum amount of support which the court may impose on the father of an unborn child under equals the amount of direct medical and pregnancy related expenses of the mother of the unborn child. After birth, the provisions shall apply in full.
Renumber sections to conform.
Amend title to conform.
Rep. BAUER spoke in favor of the amendment.
The amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 639 to S. 474 (Word version) (LC-474.DG0150H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 6, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-750. Every fetus qualifies for the South Carolina dependent exemption.
Renumber sections to conform.
Amend title to conform.
Rep. MCDANIEL spoke in favor of the amendment.
The amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 640 to S. 474 (Word version) (LC-474.DG0152H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 6, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-750. At the moment a fetal heartbeat is detected, a 529 college savings account may be opened for the benefit of the fetus.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
The amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 659 to S. 474 (Word version) (LC-474.DG0175H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 6, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-750. Where the provisions of this article prohibit physicians from providing the best medical care to patients, and patients are forced to undergo alternative abortion procedures, all health insurance plans in this state and Medicaid must pay the full costs of additional, medically unnecessary procedures required by this article, including, but not limited to hospitalizations, anesthesia, pharmaceuticals, surgeons, anesthesiologists, professional nursing care, mental health counseling and all other medical care as deemed necessary by the attending physician.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. J. L. JOHNSON continued speaking.
Rep. MCDANIEL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Bernstein Clyburn Dillard Gilliard Henderson-Myers Henegan Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Rivers Rose Tedder Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Beach Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 661 to S. 474 (Word version) (LC-474.DG0177H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 6, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-750. This article does not constrict the constitutional rights of a woman to choose to have an abortion before viability and to obtain an abortion without undue inference from the state.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. MCDANIEL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Bernstein Clyburn Cobb-Hunter Dillard Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Rivers Stavrinakis Tedder Williams
Those who voted in the negative are:
Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 663 to S. 474 (Word version) (LC-474.DG0179H), which was rejected:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-41-670(B) and inserting:
(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, or to prevent the serious risk of a substantial and irreversible physical impairment of a major bodily function of the pregnant woman, or for any reason that could risk the woman's health. 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 or to prevent the serious risk of a substantial and irreversible impairment of a major bodily function of the pregnant woman.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
The amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 665 to S. 474 (Word version) (LC-474.HDB0211H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Section 44-41-330 of the S.C. Code is amended to read:
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)(a) The woman must be informed by the physician who is to perform the abortion or by an allied health professional working in conjunction with the physician of the procedure to be involved and by the physician who is to perform the abortion of the probable gestational age of the embryo or fetus at the time the abortion is to be performed. If an ultrasound is performed, an abortion may not be performed sooner than sixty minutes following completion of the ultrasound. The physician who is to perform the abortion or an allied health professional working in conjunction with the physician must inform the woman before the ultrasound procedure of her right to view the ultrasound image at her request during or after the ultrasound procedure. (b) If the physician who intends to perform or induce an abortion on a pregnant woman has determined pursuant to Section 44-41-630 that the human fetus the pregnant woman is carrying has a detectable fetal heartbeat, then that physician shall inform the pregnant woman in writing that the human fetus the pregnant woman is carrying has a fetal heartbeat. The physician shall further inform the pregnant woman, to the best of the physician's knowledge, of the statistical probability, absent an induced abortion, of bringing the human fetus possessing a detectable fetal heartbeat to term based on the gestational age of the human fetus or, if the director of the department has specified statistical probability information, shall provide to the pregnant woman that information. The department may promulgate regulations that specify information regarding the statistical probability of bringing an unborn child possessing a detectable fetal heartbeat to term based on the gestational age of the unborn child. Any regulations must be based on available medical evidence.
(2) The woman must be presented by the physician who is to perform the abortion or by an allied health professional working in conjunction with the physician a written form containing the following statement: "You have the right to review printed materials prepared by the State of South Carolina which describe fetal development, list agencies which offer alternatives to abortion, and describe medical assistance benefits which may be available for prenatal care, childbirth, and neonatal care. You have the right to view your ultrasound image." This form must be signed and dated by both the physician who is to perform the procedure and the pregnant woman upon whom the procedure is to be performed.
(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 must determine that the written certification prescribed by item (3) of this subsection or the certification required by subsection (D) has been signed. This subsection does not apply in the case where an abortion is performed pursuant to a court order.
(B) Nothing herein limits the information provided by 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 twenty-fourforty-eight 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-fourforty-eight 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.
(E) In the event the person upon whom the abortion is to be performed or induced is an unemancipated minor, as defined in Section 44-41-10, the information described in Section 44-41-330(A)(1) and (2) must be furnished and offered respectively to a parent of the minor, a legal guardian of the minor, a grandparent of the minor, or any person who has been standing in loco parentis to the minor for a period of not less than sixty days. The parent, legal guardian, grandparent, or person who has been standing in loco parentis, as appropriate, must make the certification required by Section 44-41-330(A)(3). In the event the person upon whom the abortion is to be performed is under adjudication of mental incompetency by a court of competent jurisdiction, the information must be furnished and offered respectively to her spouse or a legal guardian if she is married; if she is not married, from one parent or a legal guardian. The spouse, legal guardian, or parent, as appropriate, must make the certification required by Section 44-41-330(A)(3). This subsection does not apply in the case of an abortion performed pursuant to a court order.
(F) A clinic or other facility must maintain, for three years after the abortion is performed or induced, the woman's written verification that the information was so provided and the printed materials were so offered. In the case of an unemancipated minor or mentally incompetent person, the clinic or other facility is required to maintain a copy of the court order or the medical records and written consent for three years after the procedure is performed.
(G) This section does not apply if a clinic or other facility where abortions are performed or induced does not have, through no fault of the clinic or facility and if the clinic or facility can demonstrate through written evidence the unavailability of the materials described in Section 44-41-340.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Anderson Bauer Bernstein Clyburn Dillard Gilliard Henderson-Myers Henegan Hosey J. L. Johnson W. Jones King McDaniel J. Moore Rivers Rose Tedder Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
Reps King and Bamberg proposed the following Amendment No. 692 to S. 474 (Word version) (LC-474.VR0791H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-630(B) and inserting:
(B) Except as provided in Section 44-41-640, Section 44-41-650, and Section 44-41-660, no person shall perform or induce an abortion on a pregnant woman with the specific intent of causing or abetting an abortion if the unborn child's fetal heartbeat has been detected in accordance with Section 44-41-330(A). A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars.
Amend the bill further, SECTION 2, by striking Section 44-41-640(B)(4)(b) and inserting:
(b) A person, if he is the owner of the pregnant woman's medical records, who violates this subsection is guilty of a misdemeanor and must be fined up to one hundred dollars.
Amend the bill further, SECTION 2, by striking Section 44-41-650(C) and inserting:
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars.
Amend the bill further, SECTION 2, by striking Section 44-41-660(C) and inserting:
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined up to one hundred dollars.
Renumber sections to conform.
AMEND TITLE TO CONFORM.
Rep. J. L. JOHNSON spoke in favor of the amendment.
The amendment was rejected.
Reps King and Bamberg proposed the following Amendment No. 693 to S. 474 (Word version) (LC-474.VR0768H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-630(B) and inserting:
(B) Except as provided in Section 44-41-640, Section 44-41-650, and Section 44-41-660, no person shall perform or induce an abortion on a pregnant woman with the specific intent of causing or abetting an abortion if the unborn child's fetal heartbeat has been detected in accordance with Section 44-41-330(A). A person who violates this subsection is subject to professional discipline in the discretion of the Board of Medical Examiners or other applicable licensing board.
Amend the bill further, SECTION 2, by striking Section 44-41-640(B)(4)(b) and inserting:
(b) A person, if he is the owner of the pregnant woman's medical records, who violates this subsection is subject to professional discipline in the discretion of the Board of Medical Examiners or other applicable licensing board.
Amend the bill further, SECTION 2, by striking Section 44-41-650(C) and inserting:
(C) A person who violates this section is subject to professional discipline in the discretion of the Board of Medical Examiners or other applicable licensing board.
Amend the bill further, SECTION 2, by striking Section 44-41-660(C) and inserting:
(C) A person who violates this section is subject to professional discipline in the discretion of the Board of Medical Examiners or other applicable licensing board.
Renumber sections to conform.
AMEND TITLE TO CONFORM.
Rep. J. L. JOHNSON spoke in favor of the amendment.
The amendment was rejected.
Reps King and Bamberg proposed the following Amendment No. 694 to S. 474 (Word version) (LC-474.VR0818H), which was rejected:
Amend the bill, as and if amended, by striking Section 44-41-610(4) and inserting:
(4) "Contraceptive" means a drug, device, or chemical that prevents ovulation, conception, or the implantation of a fertilized ovum in the uterine wall of a person who can become pregnant after conception.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
The amendment was rejected.
Reps King and Bamberg proposed the following Amendment No. 695 to S. 474 (Word version) (LC-474.VR0833H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-610(7) and inserting:
(7) "Gestational age" means the age of an unborn child as calculated from the first day of the last menstrual period of a woman who can become pregnant.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. MCDANIEL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Clyburn Dillard Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Rivers Rose Tedder Williams
Those who voted in the negative are:
Atkinson Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 697 to S. 474 (Word version) (LC-474.HDB0401H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-630(A)(1) and inserting:
(1) perform an obstetric ultrasound on the pregnant person, using whichever method the physician and pregnant person agree is best under the circumstances;
Renumber sections to conform.
Amend title to conform.
Rep. MCDANIEL spoke in favor of the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Clyburn Dillard Gilliard Henderson-Myers Henegan Hosey J. L. Johnson W. Jones King McDaniel Rivers Rose Stavrinakis Tedder Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Rep. King proposed the following Amendment No. 698 to S. 474 (Word version) (LC-474.HDB0415H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-630(A)(2) and inserting:
(2) during the performance of the ultrasound, display the images so that the pregnant person may view the images; and
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. J. L. JOHNSON moved to table the amendment.
Rep. MCDANIEL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bamberg Bauer Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Henderson-Myers Henegan Hewitt Hiott Hixon Hosey Hyde J. E. Johnson J. L. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Rivers Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Trantham Vaughan West White Whitmire Williams Willis Wooten Yow
Those who voted in the negative are:
Dillard W. Jones McDaniel Rose Tedder
So, the amendment was tabled.
Rep. King proposed the following Amendment No. 699 to S. 474 (Word version) (LC-474.HDB0422H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-630(B) and inserting:
(B) Except as provided in Section 44-41-640, Section 44-41-650, and Section 44-41-660, no person shall perform or induce an abortion on a pregnant person with the specific intent of causing or abetting an abortion if the unborn child's fetal heartbeat has been detected in accordance with Section 44-41-330(A). A person who violates this subsection is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned for not more than two years, or both.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
The amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 701 to S. 474 (Word version) (LC-474.HDB0440H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-640(B) and inserting:
(B)(1) Section 44-41-630 does not apply to a physician who performs or induces an abortion if the physician determines according to standard medical practice that a medical emergency exists that prevents compliance with this section.
(2) A physician who performs or induces an abortion on a pregnant person based on the exception in item (1) shall make written notations in the pregnant person's medical records of the following:
(a) the physician's belief that a medical emergency necessitating the abortion existed;
(b) the medical condition of the pregnant person that assertedly prevented compliance with Section 44-41-630; and
(c) the medical rationale to support the physician's or person's conclusion that the pregnant person's medical condition necessitated the immediate abortion of her pregnancy to avert her death and a medical emergency necessitating the abortion existed.
(3) A physician performing a medical procedure pursuant to item (1) shall make reasonable medical efforts under the circumstances to preserve the life of the pregnant person's unborn child, to the extent that it does not substantially risk the death or physical impairment of a major bodily function of the pregnant person, not including psychological or emotional conditions and in a manner consistent with reasonable medical practices. A medical procedure shall not be considered necessary if it is performed based upon a claim or diagnosis that the person will engage in conduct that she intends to result in her death or in a substantial physical impairment of a major bodily function.
(4)(a) For at least seven years from the date the notations are made in the pregnant person's medical records, the physician owner of the pregnant person's medical records shall maintain a record of the notations in his own records a copy of the notations.
(b) A person, if he is the owner of the pregnant person's medical records, who violates this subsection is guilty of a felony and must be fined up to ten thousand dollars, imprisoned for not more than two years, or both.
(c) An entity with ownership of the pregnant person's medical records that violates item (3) must be fined up to fifty thousand dollars.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bamberg Bauer Clyburn Dillard Gilliard Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones McDaniel Rivers Rose Stavrinakis Tedder Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 706 to S. 474 (Word version) (LC-474.HDB0483H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-660(D) and inserting:
(D) An entity with ownership of the pregnant person's medical records that violates item (2) must be fined up to fifty thousand dollars.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
The amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 709 to S. 474 (Word version) (LC-474.WAB0481H), which was rejected:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-41-630(B) and inserting:
(B) Except as provided in Section 44-41-650 or 44-41-660, no person shall perform, induce, or attempt to perform or induce an abortion on a pregnant person before the determination is made pursuant to subsection (A) whether the fetus the pregnant person is carrying is post twenty-four weeks gestational age. It is not a violation of this subsection if the requirements contained in subsection (A) have been satisfied and the method used to test for the presence of a fetal heartbeat does not reveal a fetal heartbeat. A person who violates this subsection is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned for not more than two years, or both.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment. The amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 709 to S. 474 (Word version) (LC-474.WAB0481H), which was rejected:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-41-630(B) and inserting:
(B) Except as provided in Section 44-41-650 or 44-41-660, no person shall perform, induce, or attempt to perform or induce an abortion on a pregnant person before the determination is made pursuant to subsection (A) whether the fetus the pregnant person is carrying is post twenty-four weeks gestational age. It is not a violation of this subsection if the requirements contained in subsection (A) have been satisfied and the method used to test for the presence of a fetal heartbeat does not reveal a fetal heartbeat. A person who violates this subsection is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned for not more than two years, or both.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
The amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 710 to S. 474 (Word version) (LC-474.WAB0419H), which was rejected:
Amend the bill, as and if amended, SECTION 6, by striking Section 44-41-10 and inserting:
Section 44-41-10. As used in this chapter:
(a) "Abortion" means the use of an instrument, medicine, drug, or other substance or device with intent to terminate the pregnancy of a person known to be pregnant for reasons other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.
(b) "Physician" means a person licensed to practice medicine in this State.
(c) "Department" means the South Carolina Department of Health and Environmental Control.
(d) "Hospital" means those institutions licensed for hospital operation by the department in accordance with 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. (e) "Clinic" shall mean any facility other than a hospital as defined in subsection (d) which has been licensed by the Department, and which has also been certified by the Department to be suitable for the performance of abortions.
(f) "Pregnant" means the condition of a person after conception until the termination of gestation. Pregnancy begins when a fertilized ovum implants in a person's uterine wall .
(g) "Conception" means the fertilization of the ovum by the sperm.
(h) "Consent" means a signed and witnessed voluntary agreement to the performance of an abortion.
(i) "First trimester of pregnancy" means the first twelve weeks of pregnancy commencing with conception rather than computed on the basis of the menstrual cycle.
(j) "Second trimester of pregnancy" means that portion of a pregnancy following the twelfth week and extending through the twenty-fourth week of gestation.
(k) "Third trimester of pregnancy" means that portion of a pregnancy beginning with the twenty-fifth week of gestation.
(l) "Minor" means a female under the age of seventeen.
(m) "Emancipated minor" means a minor who is or has been married or has by court order been freed from the care, custody, and control of her parents.
(n) "In loco parentis" means any person over the age of eighteen who has placed himself or herself in the position of a lawful parent by assuming obligations which are incidental to the parental relationship and has so served for a period of sixty days.
Renumber sections to conform.
Amend title to conform.
Rep. TEDDER spoke in favor of the amendment.
The amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 711 to S. 474 (Word version) (LC-474.WAB0394H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking SECTION 44-41-680(B) and inserting:
(B) A pregnant person upon whom an abortion has been performed, induced, or coerced in violation of this article may maintain an action against the person who violated this article for actual and punitive damages. In addition to all other damages, and separate and distinct from all other damages, a plaintiff is entitled to statutory damages of ten thousand dollars for each violation of this article to be imposed on each defendant found to have violated this article.
Renumber sections to conform.
Amend title to conform.
Rep. TEDDER spoke in favor of the amendment.
Rep. MCDANIEL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bauer Bernstein Clyburn Dillard Gilliard Henderson-Myers Henegan Hosey Jefferson W. Jones McDaniel J. Moore Rivers Rose Rutherford Tedder Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 712 to S. 474 (Word version) (LC-474.WAB0455H), which was rejected:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-41-630(B) and inserting:
(B) Except as provided in Section 44-41-650 or 44-41-660, no person shall perform, induce, or attempt to perform or induce an abortion on a pregnant person before the pregnant person or their legal representative provides informed consent to the abortion. A person who violates this subsection is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned for not more than two years, or both.
Renumber sections to conform.
Amend title to conform.
Rep. RUTHERFORD spoke in favor of the amendment.
The amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 713 to S. 474 (Word version) (LC-474.WAB0481H), which was rejected:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-41-630(B) and inserting:
(B) Except as provided in Section 44-41-650 or 44-41-660, no person shall perform, induce, or attempt to perform or induce an abortion on a pregnant person before the determination is made pursuant to subsection (A) whether the fetus the pregnant person is carrying is post twenty-four weeks gestational age. It is not a violation of this subsection if the requirements contained in subsection (A) have been satisfied and the method used to test for the presence of a fetal heartbeat does not reveal a fetal heartbeat. A person who violates this subsection is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned for not more than two years, or both.
Renumber sections to conform.
Amend title to conform.
Rep. TEDDER spoke in favor of the amendment.
The amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 723 to S. 474 (Word version) (LC-474.WAB0609H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-610(5) and inserting:
(5) "Fatal fetal anomaly" means that, in reasonable medical judgment, the fetus has a profound and irremediable congenital or chromosomal anomaly that, with or without the provision of life-preserving treatment, would be incompatible with sustaining life after birth.
Renumber sections to conform.
Amend title to conform.
Rep. DILLARD spoke in favor of the amendment.
The amendment was rejected.
Rep. King proposed the following Amendment No. 724 to S. 474 (Word version) (LC-474.WAB0611H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-610(7) and inserting:
(7) "Gestational age" means the age of a fetus as calculated from the first day of the last menstrual period of a pregnant woman.
Renumber sections to conform.
Amend title to conform.
Rep. W. JONES spoke in favor of the amendment.
The amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 727 to S. 474 (Word version) (LC-474.DG0369H), which was rejected:
Amend the bill, as and if amended, by striking Section 44-41-630(B) and inserting:
(B) Except as provided in Section 44-41-640, Section 44-41-650, and Section 44-41-660, no person shall perform or induce an abortion on a pregnant woman with the specific intent of causing or abetting an abortion if the unborn child's fetal fetus' heartbeat has been detected in accordance with Section 44-41-330(A). A person who violates this subsection is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned for not more than two years, or both.
Renumber sections to conform.
Amend title to conform.
Rep. DILLARD spoke in favor of the amendment.
The amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 730 to S. 474 (Word version) (LC-474.HA0902H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-610(5) and inserting:
(5) "Fatal fetal anomaly" means that, in reasonable medical judgment, the fetus has a profound congenital or chromosomal anomaly.
Renumber sections to conform.
Amend title to conform.
Rep. W. JONES spoke in favor of the amendment.
So, the amendment was rejected.
Rep. King and Bamberg proposed the following Amendment No. 731 to S. 474 (Word version) (LC-474.HA0911H), which was rejected:
Amend the bill, as and if amended, SECTION 2 by striking Section 44-41-610(5) and inserting:
(5) "Fetal anomaly" means that, in reasonable medical judgment, the fetus has a congenital or chromosomal anomaly.
To amend the bill further, as and if amended, by striking subsections 44-41-660(A) and (B)(1) and inserting:
(A) It is not a violation of Section 44-41-630 if an abortion is performed or induced on a pregnant woman due to the existence of a fetal anomaly. Section 44-41-630 does not apply to a physician who performs or induces an abortion if the physician or person determines according to standard medical practice that there exists a fetal anomaly.
(B)(1) A person who performs or induces an abortion based upon the existence of a fetal anomaly shall make written notations in the pregnant woman's medical records of:
(a) the presence of a fetal anomaly;
(b) the nature of the fetal anomaly;
(c) the medical rationale for making the determination that with or without the provision of life-preserving treatment life after birth would be unsustainable.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was rejected.
Reps King and Bamberg proposed the following Amendment No. 753 to S. 474 (Word version) (LC-474.VR0901H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-640(B)(4)(b) and inserting:
(b) A person, if he is the owner of the pregnant woman's medical records, who violates subsection (B) or (C) is guilty of a misdemeanor and, upon conviction, must be fined up to ten dollars, and cannot be imprisoned.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. WILLIAMS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bamberg Bernstein Clyburn Cobb-Hunter Dillard Gilliard Henderson-Myers Henegan Hosey W. Jones McDaniel J. Moore Rivers Rose Rutherford Tedder Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps King and Bamberg proposed the following Amendment No. 754 to S. 474 (Word version) (LC-474.VR0912H), which was rejected:
Amend the bill, as and if amended, by striking Section 44-41-640(B)(4)(c) and inserting:
(c) An entity with ownership of the pregnant woman's medical records, who violates item (3) must be fined up to ten dollars.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was rejected.
Reps King and Bamberg proposed the following Amendment No. 760 to S. 474 (Word version) (LC-474.VR0864H), which was rejected:
Amend the bill, as and if amended, SECTION 2, Section 44-41-610, by adding an appropriately numbered item to read:
( ) "Qualified provider" means a licensed physician assistant, nurse practitioner, or certified nurse midwife.
Amend the bill further, SECTION 2, by striking Section 44-41-610(10) and inserting:
(10) "Physician" means a person licensed to practice medicine in this State. When used in this chapter, "physician" includes a physician and any qualified provider, as defined in this section.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 769 to S. 474 (Word version) (LC-474.CM0612H), which was rejected:
Amend the bill, as and if amended, by deleting Section 44-41-640(B)(2), and inserting:
(2) the pregnancy is the result of incest, and the probable gestational age of the unborn child is not more that thirteen weeks.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was rejected.
Reps King and Bamberg proposed the following Amendment No. 755 to S. 474 (Word version) (LC-474.VR0927H), which was rejected:
Amend the bill, as and if amended, SECTION 2, Section 44-41-610, by adding an appropriately numbered item to read:
( ) "Public health care facility" means a hospital, clinic, or other facility operated by the State.
Amend the bill further, SECTION 2, by adding:
Section 44-41-605. Notwithstanding another provision to the contrary, the provisions of this article apply only to abortions occurring at public health care facilities.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. CARTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Gilliard Henderson-Myers Henegan Hosey Jefferson W. Jones King Kirby McDaniel J. Moore Rivers Rose Stavrinakis Tedder Williams
Those who voted in the negative are:
Bailey Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Hartnett Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 781 to S. 474 (Word version) (LC-474.CM0656H), which was rejected:
Amend the bill, as and if amended, by deleting Section 44-41-640(C) in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was rejected.
Reps King and Bamberg proposed the following Amendment No. 783 to S. 474 (Word version) (LC-474.VR0232H), which was rejected:
Amend the bill, as and if amended, by striking SECTION 1 of the Senate-passed version of the bill, containing Article 6, Chapter 41, Title 44, and inserting:
SECTION X. Sections 44-41-620 through 44-41-630 of the S.C. Code are amended to read:
Section 44-41-620. (A) A court judgment or order suspending enforcement of any provision of this chapter is not to be regarded as tantamount to repeal of that provision. Nothing in this article prohibits the sale, use, prescription, or administration of a contraceptive
(B) If the United States Supreme Court issues a decision overruling Roe v. Wade, 410 U.S. 113 (Word version) (1973), any other court issues an order or judgment restoring, expanding, or clarifying the authority of states to prohibit or regulate abortion entirely or in part, or an amendment is ratified to the Constitution of the United States restoring, expanding, or clarifying the authority of states to prohibit or regulate abortion entirely or in part, then the Attorney General may apply to the pertinent state or federal court for either or both of the following:
(1) a declaration that any one or more of the statutory provisions specified in subsection (A) are constitutional; or
(2) a judgment or order lifting an injunction against the enforcement of any one or more of the statutory provisions specified in subsection (A).
(C) If the Attorney General fails to apply for relief pursuant to subsection (B) within a thirty-day period after an event described in that subsection occurs, then any solicitor may apply to the appropriate state or federal court for such relief.
Section 44-41-630. An abortion provider who is to perform or induce an abortion, a certified technician, or another agent of the abortion provider who is competent in ultrasonography shall:
(1) perform an obstetric ultrasound on the pregnant woman, using whichever method the physician and pregnant woman agree is best under the circumstances; and
(2) during the performance of the ultrasound, display the ultrasound images so that the pregnant woman may view the images; and
(3) record a written medical description of the ultrasound images of the unborn child's fetal heartbeat, if present and viewable.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. Sections 44-41-640, 44-41-650, 44-41-660, 44-41-670, 44-41-680, 44-41-690, and 44-41-700 of the S.C. Code are repealed.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 784 to S. 474 (Word version) (LC-474.HDB0188H), which was rejected:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-41-610(9) and inserting:
(9) "PhysicianTrained healthcare provider" means any a person licensed to practice medicine and surgery, or osteopathic medicine and surgery, in this State.
Amend the bill further, SECTION 1, by striking Section 44-41-610(10)(12) and inserting:
(10)(12) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician trained healthcare provider who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
Amend the bill further, SECTION 1, by striking Section 44-41-625(A) and inserting:
(A) A trained healthcare provider may perform, induce, or attempt to perform or induce an abortion on a minor who successfully petitions the court for an order granting her the right to obtain an abortion without the consent required in Section 44-41-31(1), and the probable gestational age of the unborn child is not more than twelve weeks, or upon the final disposition of the petition, whichever occurs later.
(B) A trained healthcare provider may perform, induce, or attempt to perform or induce an abortion on a minor upon receiving consent that is obtained in accordance with Section 44-41-31(1), and the probable gestational age of the unborn child is not more than twelve weeks.
Amend the bill further, SECTION 1, by striking Section 44-41-630(A)(1) and inserting:
(1) perform an obstetric ultrasound on the pregnant woman, using whichever method the trained healthcare providerphysician or person and pregnant woman agree is best under the circumstances;
Amend the bill further, SECTION 1, by striking Section 44-41-640(B) and (C) and inserting:
(B) A trained healthcare provider may perform, induce, or attempt to perform or induce an abortion on a pregnant woman after the fetal heartbeat has been detected in accordance with Section 44-41-630 if:
(1) the pregnancy is the result of rape, and the probable gestational age of the unborn child is not more than twelve weeks; or
(2) the pregnancy is the result of incest, and the probable gestational age of the unborn child is not more than twelve weeks.
(C) A trained healthcare provider who performs or induces an abortion on a pregnant woman based on an exception contained in subsection (B) 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, the trained healthcare provider who performs or induces an abortion based on an allegation of rape or incest must notify the pregnant woman that the trained healthcare provider will report the allegation of rape or incest to the sheriff. The trained healthcare provider shall make written notations in the pregnant woman's medical records that the abortion was performed pursuant to the applicable exception, that the doctor notified the sheriff of the allegation of rape or incest in a timely manner, and that the woman was notified prior to the abortion that the trained healthcare provider would notify the sheriff of the allegation of rape or incest.
Amend the bill further, SECTION 1, by striking Section 44-41-650(A) and (B) and inserting:
(A) Except as provided in Section 44-41-660, no person shall perform, induce, or attempt to perform or induce an abortion on a pregnant woman before a physician determines in accordance with Section 44-41-630 whether the human fetus the pregnant woman is carrying has a detectable fetal heartbeat.It is not a violation of Section 44-41-640 if an abortion is performed or induced on a pregnant woman due to the existence of a fatal fetal anomaly. Section 44-41-630(B) does not apply to a trained healthcare provider or person who performs or induces an abortion if the trained healthcare provider or person determines according to standard medical practice that there exists a fatal fetal anomaly.
(B) A person who violates subsection (A) is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned not more than two years, or both.A trained healthcare provider or person who performs or induces an abortion based upon the existence of a fatal fetal anomaly shall make written notations in the pregnant woman's medical records of:
(1) the presence of a fatal fetal anomaly;
(2) the nature of the fatal fetal anomaly;
(3) the medical rationale for making the determination that with or without the provision of life-preserving treatment life after birth would be unsustainable.
Amend the bill further, SECTION 1, by striking Section 44-41-660(A) and (B) and inserting:
(A) It is not a violation of Section 44-41-640 if an abortion is performed or induced on a pregnant woman due to a medical emergency. Section 44-41-65044-41-630(B) does not apply to a physiciantrained healthcare provider or person who performs or induces an abortion if the physiciantrained healthcare provider or person determines according to standard medical practice that a medical emergency exists that prevents compliance with the section.
(B) A physiciantrained healthcare provider or person who performs or induces an abortion on a pregnant woman based on the exception in subsection (A) shall make written notations in the pregnant woman's medical records of the following:
(1) the physician'strained healthcare provider's or person's belief that a medical emergency necessitating the abortion existed;
(2) the medical condition of the pregnant woman that assertedly prevented compliance with Section 44-41-65044-41-630(B); and
(3) the medical rationale to support the physician'strained healthcare provider's or person's conclusion that the pregnant woman's medical condition necessitated the immediate abortion of her pregnancy to avert her deatha medical emergency necessitating the abortion existed.
Amend the bill further, SECTION 1, by striking Section 44-41-670(A), (B), and (C) and inserting:
(A) Section 44-41-68044-41-640 does not apply to a physiciantrained healthcare provider who performs a medical procedure that, by any in reasonable medical judgment, is designed or intended to prevent the death of the pregnant woman or to prevent the serious risk of a substantial and irreversible impairment of a major bodily function of the pregnant woman.
(B) A physiciantrained healthcare provider 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 or to prevent the serious risk of a substantial and irreversible physical impairment of a major bodily function of the pregnant woman. In the document, the physiciantrained healthcare provider shall specify the pregnant woman's medical condition that the medical procedure was asserted to address and the medical rationale for the physician'strained healthcare provider's conclusion that the medical procedure was necessary to prevent the death of the pregnant woman or to prevent the serious risk of a substantial and irreversible impairment of a major bodily function of the pregnant woman.
(C) A physiciantrained healthcare provider who performs a medical procedure as described in subsection (A) shall place the written document required by subsection (B) in the pregnant woman's medical records. For at least seven years from the date the document is created, the physicianowner of the pregnant woman's medical records shall maintain a copy record of the document in his own records.
Amend the bill further, SECTION 2.A., by striking Section 44-41-695(A) and inserting:
(A) Any abortion performed in this State must be reported by the licensed facility on the standard form for reporting abortions to the state registrar, Department of Health and Environmental Control, within seven days after the abortion is performed. The names of the patient and trained healthcare provider may not be reported on the form or otherwise disclosed to the state registrar. The form must indicate from whom consent was obtained, or circumstances waiving consent, and must include:
(1) Gestational age;
(2) Method of abortion, of which the following was employed:
(a) medication abortion such as, but not limited to, mifepristone/misoprostol or methotrexate/misoprostol;
(b) manual vacuum aspiration;
(c) electrical vacuum aspiration;
(d) dilation and evacuation;
(e) combined induction abortion and dilation and evacuation;
(f) induction abortion with prostaglandins;
(g) induction abortion with intra-amniotic instillation such as, but not limited to, saline or urea;
(h) induction abortion; and
(i) intact dilation and extraction (partial-birth);
(3) Whether an intrafetal injection was used in an attempt to induce fetal demise such as, but not limited to, intrafetal potassium chloride or digoxin;
(4) Age of the patient; and
(5) If an exception under this article applies, the applicable exception.
Amend the bill further, SECTION 3, by striking Section 44-41-10(b) and inserting:
(b) "PhysicianTrained healthcare provider" means a person licensed to practice medicine in this State.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 785 to S. 474 (Word version) (LC-474.HDB0191H), which was rejected:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-41-610(9) and inserting:
(9) "Physician" means any a person licensed to practice medicine and surgery, or osteopathic medicine and surgery, in this State and specifically includes registered nurses.
Amend the bill further, SECTION 3, by striking Section 44-41-10(b) and inserting:
(b) "Physician" means a person licensed to practice medicine in this State and specifically includes registered nurses.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. BAMBERG continued speaking.
Rep. ROBBINS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Jefferson McDaniel J. Moore Rivers Rose Tedder Williams
Those who voted in the negative are:
Ballentine Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan Whitmire Willis Wooten Yow
So, the amendment was rejected.
Reps. King and Bamberg proposed the following Amendment No. 786 to S. 474 (Word version) (LC-474.HDB0196H), which was rejected:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-41-610(9) and inserting:
(9) "Physician" means any a person licensed to practice medicine and surgery, or osteopathic medicine and surgery, in this State and specifically includes physician assistants.
Amend the bill further, SECTION 3, by striking Section 44-41-10(b) and inserting:
(b) "Physician" means a person licensed to practice medicine in this State and specifically includes physician assistants.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was rejected.
Reps King and Bamberg proposed the following Amendment No. 787 to S. 474 (Word version) (LC-474.VR0204H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 1, Chapter 41, Title 44 of the S.C. Code is amended by adding:
Section 44-41-95. A woman is eligible for a refundable tax credit equal to the sum of any expenses incurred to travel outside the State to receive abortion or other reproductive health care not available in South Carolina, which may be claimed in the tax filing year following the expenditures.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was rejected.
Rep. Bauer proposed the following Amendment No. 882 to S. 474 (Word version) (LC-474.VR1128H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding:
Section 44-41-698. The time within which a pregnant woman in the State may undergo an abortion pursuant to this article is extended by twelve weeks in the event of a declared public health emergency.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was rejected.
Rep. Bauer proposed the following Amendment No. 891 to S. 474 (Word version) (LC-474.VR1118H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-640(B)(4)(a) and (b) and inserting:
(4)(a) For at least seven years from the date the notations are made in the pregnant woman's medical records, the physician custodian of the pregnant woman's medical records shall maintain a record of the notations in his own records a copy of the notations.
(b) A person, if he is the custodian of the pregnant woman's medical records, who violates this subsection is guilty of a felony and must be fined up to ten thousand dollars, imprisoned for not more than two years, or both.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was then rejected by a division vote of 17 to 66.
Rep. Bauer proposed the following Amendment No. 894 to S. 474 (Word version) (LC-474.VR1121H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-640(C)(2) and inserting:
(2) It is presumed that the following medical conditions constitute a risk of death or serious risk of a substantial and irreversible physical impairment of a major bodily function of a pregnant woman, not including psychological or emotional conditions: 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. The enumeration of the medical conditions in this item is not intended to exclude or abrogate other conditions that satisfy the exclusions contained in item (1) or prevent other procedures that are not included in the definition of abortion.
Renumber sections to conform.
Amend title to conform.
Rep. TEDDER spoke in favor of the amendment.
he amendment was rejected.
Rep. King proposed the following Amendment No. 896 to S. 474 (Word version) (LC-474.SA1109H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. All income received by an individual who has a child under the age of eighteen is exempt from state income taxes.
Renumber sections to conform.
Amend title to conform.
Rep. TEDDER spoke in favor of the amendment.
The amendment was rejected.
Rep. Bauer proposed the following Amendment No. 902 to S. 474 (Word version) (LC-474.VR1118H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-640(B)(4)(a) and (b) and inserting:
(4)(a) For at least seven years from the date the notations are made in the pregnant woman's medical records, the physician custodian of the pregnant woman's medical records shall maintain a record of the notations in his own records a copy of the notations.
(b) A person, if he is the custodian of the pregnant woman's medical records, who violates this subsection is guilty of a felony and must be fined up to ten thousand dollars, imprisoned for not more than two years, or both.
Renumber sections to conform.
Amend title to conform.
Rep. TEDDER spoke in favor of the amendment.
The amendment was rejected.
The SPEAKER granted Rep. BALLENTINE a temporary leave of absence.
Rep. Bauer proposed the following Amendment No. 905 to S. 474 (Word version) (LC-474.VR1099H), which was rejected:
Amend the bill, as and if amended, SECTION 10, by striking Section 44-41-330(A)(1)(a) before the sub-subitems and inserting:
(1)(a) The woman must be informed by the physician who is to perform the abortion or by, an allied health professional working in conjunction with the physician, or the referring physician of the procedure to be involved and by the physician who is to perform the abortion of the probable gestational age of the embryo or fetus at the time the abortion is to be performed, including:
Renumber sections to conform.
Amend title to conform.
Rep. BAUER spoke in favor of the amendment.
The amendment was rejected.
Rep. Bauer proposed the following Amendment No. 906 to S. 474 (Word version) (LC-474.VR1100H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-610(7) and inserting:
(7) "Gestational age" means the age of an unborn child as calculated from the first day of the last menstrual period of a pregnant woman, except for a pregnant woman without regular periods, in which case the age of the unborn child is calculated from the date on which the pregnant woman last had intercourse.
Renumber sections to conform.
Amend title to conform.
Rep. BAUER spoke in favor of the amendment.
The amendment was rejected.
Rep. Bauer proposed the following Amendment No. 907 to S. 474 (Word version) (LC-474.VR1101H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-640(A)-(C) and inserting:
Section 44-41-640. If a pregnancy is at least eight weeks after fertilization, then the abortion provider who is to perform or induce an abortion, or an agent of the abortion provider, shall tell the woman that it may be possible to make the embryonic or fetal heartbeat of the unborn child audible for the pregnant woman to hear and shall ask the woman if she would like to hear the heartbeat. If the woman would like to hear the heartbeat, then the abortion provider shall, using whichever method the physician and patient agree is best under the circumstances, make the fetal heartbeat of the unborn child audible for the pregnant woman to hear.(A) It is not a violation of Section 44-41-630 if an abortion is performed or induced on a pregnant woman due to a medical emergency or is performed to prevent the death of the pregnant woman or to prevent the serious risk of a substantial and irreversible impairment of a major bodily function.
(B)(1) Section 44-41-630 does not apply to a physician who performs or induces an abortion if the physician determines according to standard medical practice that a medical emergency exists or is performed to prevent the death of the pregnant woman or to prevent the serious risk of a substantial or irreversible impairment of a major bodily function that prevents compliance with the section.
(2) A physician who performs or induces an abortion on a pregnant woman based on the exception in item (1) shall make written notations in the pregnant woman's medical records of the following:
(a) the physician's belief that a medical emergency necessitating the abortion existed;
(b) the medical condition of the pregnant woman that assertedly prevented compliance with Section 44-41-630; and
(c) the medical rationale to support the physician's or person's conclusion that the pregnant woman's medical condition necessitated the immediate abortion of her pregnancy to avert her death and a medical emergency necessitating the abortion existed.
(3) A physician performing a medical procedure pursuant to item (1) shall make reasonable medical efforts under the circumstances to preserve the life of the pregnant woman's unborn child, to the extent that it does not risk the death of the pregnant woman or the serious risk of a substantial and irreversible physical impairment of a major bodily function of the pregnant woman in a manner consistent with reasonable medical practices. A medical procedure shall not be considered necessary if it is performed based upon a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in a substantial physical impairment of a major bodily function.
(4)(a) For at least seven years from the date the notations are made in the pregnant woman's medical records, the physician owner of the pregnant woman's medical records shall maintain a record of the notations in his own records a copy of the notations.
(b) A person, if he is the owner of the pregnant woman's medical records, who violates this subsection is guilty of a felony and must be fined up to ten thousand dollars, imprisoned for not more than two years, or both.
(c) An entity with ownership of the pregnant woman's medical records that violates item (3) must be fined up to fifty thousand dollars. (C)(1) It is not a violation of Section 44-41-630 for a physician to perform a medical procedure necessary in his reasonable medical judgment to prevent the death of a pregnant woman or the serious risk of a substantial and irreversible physical impairment of a major bodily function of the pregnant woman.
(2) It is presumed that the following medical conditions constitute a risk of death or serious risk of a substantial and irreversible 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 that it does not adversely affect the life or physical health of the pregnant woman, and in a manner that is consistent with reasonable medical practice. The enumeration of the medical conditions in this item is not intended to exclude or abrogate other conditions that satisfy the exclusions contained in item (1) or prevent other procedures that are not included in the definition of abortion.
(3) A physician who performs a medical procedure pursuant to item (1) shall declare, in a written document maintained with the woman's medical records, that the medical procedure was necessary, the woman's medical condition necessitating the procedure, the physician's rationale for his conclusion that the procedure was necessary, and that all reasonable efforts were made to save the unborn child in the event it was living prior to the procedure. The declaration required by this item must be placed in the woman's medical records not later than thirty days after the procedure was completed. A physician's exercise of reasonable medical judgment in relation to a medical procedure undertaken pursuant to this subsection is presumed to be within the applicable standard of care.
Renumber sections to conform.
Amend title to conform.
Rep. BAUER spoke in favor of the amendment.
The amendment was rejected.
Rep. Bauer proposed the following Amendment No. 908 to S. 474 (Word version) (LC-474.VR1102H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-660(D) and inserting:
(D) An entity with ownership of the pregnant woman's medical records that violates item (2) must be fined up to fifty thousand dollars. Fines collected pursuant to this subsection must be distributed to OB/GYN residency programs for scholarships.
Renumber sections to conform.
Amend title to conform.
Rep. BAUER spoke in favor of the amendment.
The amendment was rejected.
Rep. Bauer proposed the following Amendment No. 909 to S. 474 (Word version) (LC-474.DG1108H), which was rejected:
Amend the bill, as and if amended, by deleting SECTION 9.
Renumber sections to conform.
Amend title to conform.
Rep. BAUER spoke in favor of the amendment.
The amendment was rejected.
Rep. Bauer proposed the following Amendment No. 910 to S. 474 (Word version) (LC-474.DG1106H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-610(5):
(5) "Fetal anomaly" means that, in reasonable medical judgment, the unborn child has a profound and irreversible congenital or chromosomal anomaly that is life limiting, with or without the provision of life-preserving treatment. For the purposes of this definition, the term "life-limiting" includes lethal fetal conditions and other severe fetal anomalies for which there is no prospect of long-term ex utero survival or extremely limited survival with severe morbidity or extremely poor quality of life, and for which there is no cure.
Renumber sections to conform.
Amend title to conform.
Rep. BAUER spoke in favor of the amendment.
The amendment was rejected.
Rep. Bauer proposed the following Amendment No. 911 to S. 474 (Word version) (LC-474.DG1107H), which was rejected:
Amend the bill, as and if amended, by striking SECTION 11 and inserting:
SECTION 11. The Public Employee Benefit Authority and the State Health Plan shall cover prescribed contraceptives for dependents under the same terms and conditions that the Plan provides contraceptive coverage for employees and spouses. The State Health Plan shall not apply patient cost sharing provisions to all FDA approved contraceptives.
Renumbers sections to conform.
Amend title to conform.
Rep. BAUER spoke in favor of the amendment.
The amendment was rejected.
Rep. Bauer proposed the following Amendment No. 912 to S. 474 (Word version) (LC-474.VR1105H), which was rejected:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. This act may be cited as the "Human Life Protection Act".
SECTION 2. Chapter 41, Title 44 of the S.C. Code is amended by adding:
Article 7
Human Life Protection Act
Section 44-41-810. For the 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 unborn human being, or to remove a dead unborn human being.
(2) "Clinically diagnosable pregnancy" means the point in time when it is possible to determine that a woman is pregnant due to the detectible presence of human chorionic gonadotropin (hCG).
(3) "Female" means a biological female assigned at the time of birth or an intersexed person capable of producing an ovum at birth.
(4) "Fatal fetal anomaly" means that, in reasonable medical judgment, an unborn child has a profound and irremediable congenital or chromosomal anomaly that, with or without the provision of life-preserving treatment, would be incompatible with sustaining life after birth.
(5) "Physician" means any person licensed in this State to practice medicine and surgery, or licensed osteopathic medicine and surgery. (6) "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.
(7) "Selective reduction" means, in the context of assisted reproductive technology, a procedure to stop the development of one or more unborn children in utero.
(8) "Rape" has the same meaning as criminal sexual conduct, regardless of the degree of criminal sexual conduct.
(9) "Reasonable medical judgement" means a medical judgement that would made by a reasonably prudent physician, knowledgeable about the case and treatment possibilities with respect to the medical condition involved.
(10) "Unborn child" means an individual organism of the species homo sapiens from conception until live birth.
Section 44-41-820. (A) No person shall knowingly administer to, prescribe for, deliver to, 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 44-41-830. (A)(1) A physician may perform, induce, or attempt to perform or induce an abortion on a pregnant woman if:
(a) the pregnancy is the result of rape or incest and the abortion or attempted abortion is performed or induced during the first trimester of the pregnancy; or
(b) there exists a fatal fetal anomaly that has been confirmed by two physicians in separate medical practices who specialize in obstetrics or the area of medicine in which the fatal fetal anomaly is diagnosed. (2) A physician who performs or induces an abortion on a pregnant woman pursuant to subitem (1)(a) must report the allegation of rape or incest to the sheriff in the county in which the rape or incest occurred. The report must be made no later than twenty-four hours after performing or inducing the abortion. The report may be made orally or in writing and must include the name and contact information of the pregnant woman making the allegation. Prior to performing or inducing the abortion, the physician who will perform or induce the 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 in the county where the rape or incest occurred. 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 physician timely notified the appropriate 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. The physician shall preserve a DNA sample from the fetal remains and notify the Sheriff that the DNA sample has been preserved. The Sheriff shall collect the DNA sample from the physician and shall hold the DNA sample as evidence within ninety days of receiving notice from the physician. The DNA sample shall be held as evidence as provided by the Preservation of Evidence Act.
(B)(1) It is not a violation of Section 44-41-820 for a physician to perform a medical procedure necessary in his reasonable medical judgment to prevent the death of a pregnant woman, a substantial risk of death of a pregnant woman due to a physical condition, or the substantial physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions.
(2) It is presumed that the following medical conditions constitute a substantial risk of death or substantial risk of 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 that it does not adversely affect the life or physical health of the pregnant woman, and in a manner that is consistent with reasonable medical practice. The enumeration of the medical conditions in this item is not intended to exclude or abrogate other conditions that satisfy the exclusions contained in item (1) or prevent other procedures that are not included in the definition of abortion. (3) A physician performing a medical procedure pursuant to item (1) shall make reasonable medical efforts under the circumstances to preserve the life of the pregnant woman's unborn child, to the extent that 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 practices. A medical procedure shall not be considered necessary if it is performed based upon a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in a substantial physical impairment of a major bodily function.
(4) A physician who performs a medical procedure pursuant to item (1) shall declare, in a written document maintained with the woman's medical records, that the medical procedure was necessary, the woman's medical condition necessitating the procedure, the physician's rationale for his conclusion that the procedure was necessary, and that all reasonable efforts were made to save the unborn child in the event it was living prior to the procedure. The declaration required by this item must be placed in the woman's medical records not later than thirty days after the procedure was completed. A physician's exercise of reasonable medical judgment in relation to a medical procedure undertaken pursuant to this subsection is presumed to be within the applicable standard of care.
(C) Medical treatment provided to a pregnant woman by a physician which results in the accidental or unintentional injury or death of her unborn child is not a violation of Section 44-41-820.
(D)(1) It is not a violation of Section 44-41-820 to use, sell, or administer 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's instructions and is not used, sold, prescribed or administered to cause or induce an abortion.
(2) It is not a violation of Section 44-41-820 to use, sell, prescribe, and insert an intrauterine device if the intrauterine device is used, sold, inserted, and prescribed within the reasonable medical judgment of a physician and is not used, sold, prescribed, or administered to cause or induce an abortion of an unborn human being.
(3) It is not a violation of Section 44-41-820 to use, sell, prescribe, and administer an emergency contraceptive drug designed to be taken within five days of unprotected sex and used according to the manufacturer's instructions. For purposes of this item, an emergency contraceptive drug does not include mifepristone or misoprostol.
(E)(1) Except as provided in item (2), it is not a violation of Section 44-41-820 to perform or undergo assistive reproductive technology, including but not limited to in vitro fertilization, within the accepted standards of care by the reproductive medical community.
(2) Performing selective reduction is a violation of Section 44-41-820 unless it is necessary within reasonable medical judgment to prevent a substantial risk of death or a substantial and irreversible physical impairment of a major bodily function of another unborn child. 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 or imprisoned for not more than two years, or both.
(B) A person who uses force, or the threat of force, to intentionally injure or intimidate another 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 or imprisoned for not more than two years, or both.
(C) A person who is not a physician as defined in this article and who prescribes any means of abortion for the purpose of facilitating an abortion within this State violates Section 44-41-820 and, upon conviction, is guilty of a felony and must be fined ten thousand dollars or imprisoned for two years, or both.
Section 44-41-850. (A) In addition to all other remedies available under common or statutory law, failure to comply with the requirements of this article shall provide the basis for a civil action further described in this section.
(B) A pregnant woman upon whom an abortion has been performed, induced, or coerced in violation of this article may maintain an action against the person who violated this article for actual and punitive damages. In addition to all other damages, and separate and distinct from all other damages, a plaintiff is entitled to statutory damages of ten thousand dollars for each violation of this article to be imposed on each defendant found to have violated this article.
(C) A separate and distinct cause of action for injunctive relief against any person who has violated this article may be maintained by:
(1) the woman upon whom the abortion was performed or induced in violation of this article;
(2) the parent or guardian of the pregnant woman if she had not attained the age of eighteen years at the time of the abortion or died as a result of the abortion;
(3) a solicitor or prosecuting attorney with proper jurisdiction; or
(4) the Attorney General.
(D) If a plaintiff prevails in an action initiated pursuant to this section the court shall award the plaintiff reasonable costs and attorney's fees.
(E) No damages, costs, or attorney's fees may be assessed against the woman upon whom an abortion was performed or induced.
(F) Under no circumstances may civil damages be awarded to a plaintiff if the pregnancy resulted from the plaintiff's criminal conduct. (G) A civil cause of action pursuant to this section must be brought within three years of the date of the abortion and is not subject to the limitations and requirements contained in Chapter 79, Title 15.
Section 44-41-860. A pregnant woman upon whom an abortion is performed or induced in violation of this article may not be criminally prosecuted or found civilly liable 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 for 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 on abortion contained in this article commits an act of unprofessional conduct. A physician's license to practice in this State immediately shall be revoked by the State Board of Medical Examiners, after due process according to the board's rules and procedures. Any other licensed person's professional license shall be immediately revoked by the appropriate licensing board, after due process according to that board's rules and procedures. A complaint may be originated by any person or by the board sua sponte. A licensing board acting pursuant to this section may assess costs of the investigation, fines, and other disciplinary actions as it may deem appropriate.
Section 44-41-880. In every civil or criminal proceeding or other action brought pursuant to 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 consent to disclosure. The court, by motion or sua sponte, shall make a ruling and, upon determining that the woman's anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel 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 that explain why the woman's anonymity is being 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 lest restrictive alternative exists. In the absence of the woman's written consent, any person, 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, lifted, dissolved, or otherwise ceases to have effect, the provisions of this article shall have full force and effect.
SECTION 3. Article 1, Chapter 41, Title 44 of the S.C. 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 Sections 44-41-830, 44-41-840, and 44-41-850.
(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 4. Article 3, Chapter 17, Title 63 of the S.C. Code is amended by adding:
Section 63-17-325. 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 5. Article 1, Chapter 71, Title 38 of the S.C. Code is amended by adding:
Section 38-71-146. All individual and group health insurance and health maintenance organization policies in this State shall include coverage for contraceptives. For purposes of this section, "contraceptive" means any drug, device, or medication to prevent pregnancy. A contraceptive may prevent ovulation, fertilization, or implantation in the uterus. A contraceptive does not include any drug, device, or medication used with the intent of terminating a pregnancy of a woman known to be pregnant. This section does not apply if an individual or entity asserts a sincerely held religious belief regarding the use of contraception.
SECTION 6. The Public Employee Benefit Authority and the State Health Plan shall cover prescribed contraceptives for dependents under the same terms and conditions that the Plan provides contraceptive coverage for employees and spouses. The State Health Plan shall not apply patient cost sharing provisions to covered contraceptives.
SECTION 7. Section 44-41-710 of the S.C. Code is amended to read:
Section 44-41-710. This article must not be construed to repeal, by implication or otherwise, Section 44-41-20 or any otherwise applicable provision of South Carolina law regulating or restricting abortion. An abortion that complies with this article but violates the provisions of Section 44-41-20 or any otherwise applicable provision of South Carolina law must be considered unlawful as provided in such provision. An abortion that complies with the provisions of Section 44-41-20 or any otherwise applicable provision of South Carolina law regulating or restricting abortion but violates this article must be considered unlawful as provided in this article. 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 8. Section 44-41-480 of the S.C. Code is amended to read:
Section 44-41-480. This article must not be construed to repeal, by implication or otherwise, Section 44-41-20 or any otherwise applicable provision of South Carolina law regulating or restricting abortion. An abortion that complies with this article but violates the provisions of Section 44-41-20 or any otherwise applicable provision of South Carolina law must be considered unlawful as provided in such provision. An abortion that complies with the provisions of Section 44-41-20 or any otherwise applicable provision of South Carolina law regulating or restricting abortion but violates this article must be considered unlawful as provided in this article. 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 of injunction is stayed or dissolved, or otherwise ceases to have effect, such provisions shall have full force and effect.
SECTION 9. Section 44-41-20 of the S.C. Code is repealed.
SECTION 10. Section 44-41-70(b) of the S.C. 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 11. The President of the Senate, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives have an unconditional right to intervene on behalf of their respective bodies in a state court action and may provide evidence or argument, written or oral, if a party to that court action challenges the constitutionality of this act. In a federal court action that challenges the constitutionality of this act the Legislature may seek to intervene, to file an amicus brief, or to present arguments in accordance with federal rules of procedure. Intervention by the Legislature pursuant to this provision does not limit the duty of the Attorney General to appear and prosecute legal actions or defend state agencies, officers or employees as otherwise provided. In any action in which the Legislature intervenes or participates, the Senate and the House of Representatives shall function independently from each other in the representation of their respective clients.
SECTION 12. Sections 44-41-32, 44-41-33, and 44-41-34 of the S.C. Code are repealed.
SECTION 13. Section 44-41-37 of the S.C. Code is amended to read:
Section 44-41-37. A physician or other professional person or agency counseling or discussing with a minor the question of her obtaining an abortion shall fully inform her of the procedures she must follow under law to obtain an abortion without the consent required in Section 44-41-31(1).
The Adoption and Birth Parent Services Division of the Department of Social Services shall develop and distribute brochures to health and education professionals for use in counseling pregnant minors. This brochure shall include the following:
(1) how to access her local health department for prenatal care;
(2) how to access her local Adoption and Birth Parent Services Division of the Department of Social Services or any private not for profit adoption service;
(3) the parental consent requirement as outlined in this bill; and
(4) the judicial by-pass procedure as referred in Sections 44-41-32, 44-41-33, and 44-41-34; and
(5) how to access her local mental health center for counseling services.
SECTION 14. 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 15. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was rejected.
Rep. Bauer proposed the following Amendment No. 915 to S. 474 (Word version) (LC-474.VR1094H), which was rejected:
Amend the bill, as and if amended, SECTION 2, Section 44-41-610, by adding:
( ) "Major bodily function" means, at a minimum, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. Any detection of infection, septic state, or bacteria shall be presumed to limit a major bodily function.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was rejected.
Rep. Bauer proposed the following Amendment No. 916 to S. 474 (Word version) (LC-474.VR1095H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-610(1) and inserting:
(1) "Abortion" means the deliberate termination of a human pregnancy.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was rejected.
Rep. Bauer proposed the following Amendment No. 917 to S. 474 (Word version) (LC-474.VR1096H), which was rejected:
Amend the bill, as and if amended, SECTION 3, by deleting subsection (C).
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was rejected.
Rep. Bauer proposed the following Amendment No. 918 to S. 474 (Word version) (LC-474.VR1093H), which was rejected:
Amend the bill, as and if amended, by striking SECTION 5 and inserting:
SECTION 5. Article 1, Chapter 71, Title 38 of the S.C. Code is amended by adding:
Section 38-71-146. All individual and group health insurance and health maintenance organization policies in this State shall include coverage for contraceptives. For purposes of this section, "contraceptive" means the same as in Section 44-41-610(4). A contraceptive may prevent ovulation, fertilization, or implantation in the uterus. A contraceptive does not include any drug, device, or medication used with the intent of terminating a pregnancy of a woman known to be pregnant.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was rejected.
Rep. Bauer proposed the following Amendment No. 919 to S. 474 (Word version) (LC-474.VR1086H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. The second undesignated paragraph of Section 44-41-37 of the S.C. Code before the numbered items is amended to read:
The Adoption and Birth Parent Services Division of the Department of Social Services shall develop and distribute brochures to health and education professionals for use in counseling pregnant minors, and all school districts in this State shall develop and distribute these brochures to pregnant students. This brochure shall include the following:
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was rejected.
Rep. Bauer proposed the following Amendment No. 920 to S. 474 (Word version) (LC-474.VR1087H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. The second undesignated paragraph of Section 44-41-37 of the S.C. Code before the numbered items is amended to read:
The Adoption and Birth Parent Services Division of the Department of Social Services shall develop and distribute brochures to health and education professionals for use in counseling pregnant minors, which must include contact information for physicians providing OB/GYN services. This brochure shall include the following:
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was rejected.
Rep. Bauer proposed the following Amendment No. 922 to S. 474 (Word version) (LC-474.VR1088H), which was rejected:
Amend the bill, as and if amended, SECTION 2, Section 44-41-610, by adding an item to read:
( ) "Incest" has the same meaning as defined in Section 16-15-20.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was rejected.
Rep. Bauer proposed the following Amendment No. 923 to S. 474 (Word version) (LC-474.VR1083H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by adding:
Section 44-41-698. The provisions of this article do not apply to a person who is living within an abusive relationship including, but not limited to, substance, emotional, mental, physical, or financial abuse.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was rejected.
Rep. Bauer proposed the following Amendment No. 926 to S. 474 (Word version) (LC-474.VR1089H), which was rejected:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
SECTION X. Section 44-41-30 of the S.C. Code is amended to read:
Section 44-41-30. (A) Consent is required before the performance of an abortion from the pregnant woman or the pregnant minor in every case .
(B) In the case of a woman or minor who is under adjudication of mental incompetency, other than incompetency due to age, by a court of competent jurisdiction, consent must be obtained from her spouse or a legal guardian if she is married; if she is not married, from one parent or a legal guardian.
(C) Notwithstanding the consent required in subsections (A) and (B) consent must be waived if:
(1) a physician determines that a medical emergency exists involving the life of or grave physical injury to the pregnant woman or pregnant minor; or
(2) the pregnancy is the result of incest.
(D) In cases of incest the physician performing the abortion shall report the alleged incest to the local county department of social services or to a law enforcement agency in the county where the child resides or is found. Failure to report is a violation punishable under the child abuse laws of this State.
(E) Nothing in this section permits a physician to perform an abortion without first obtaining the consent of the pregnant woman or pregnant minor if she is capable of giving consent.
SECTION X. Sections 44-41-31, 44-41-32, 44-41-33, and 44-41-34 of the S.C. Code are repealed.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was rejected.
:
Rep. Wetmore proposed the following Amendment No. 27 to S. 474 (Word version) (LC-474.VR0613H), which was tabled:
Amend the Bill, as and if amended, SECTION 2, by striking Section 44-41-610(14) and inserting::
(14) "Unborn child" means a member of the species homo sapiens at any stage of development who is carried in the womb.
Renumber sections to conform.
AMEND TITLE TO CONFORM.
Rep. BAUER moved to table the amendment, which was agreed to.
Rep. Wetmore proposed the following Amendment No. 28 to S. 474 (Word version) (LC-474.VR0616H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-610(14) and inserting: by:
(14) "Unborn child" means an individual organism of the species homo sapiens from fertilization until live birth.
Renumber sections to conform.
AMEND TITLE TO CONFORM.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 29 to S. 474 (Word version) (LC-474.VR0622H), which was rejected:
Amend the Bill, as and if amended, SECTION 2, by striking Section 44-41-610(8) and inserting:
(8) "Gestational sac" means the structure that comprises the extraembryonic membranes that envelop the embryo and that is typically visible by ultrasound after the fourth week of pregnancy.
Renumber sections to conform.
AMEND TITLE TO CONFORM.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 30 to S. 474 (Word version) (LC-474.VR0625H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-610(9) and inserting:
(9) "Medical emergency" means that, in reasonable medical judgment, a condition exists that has complicated the pregnant woman's medical condition and necessitates an abortion to prevent death or a serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.
Renumber sections to conform.
AMEND TITLE TO CONFORM.
Rep. BAMBERG spoke in favor of the amendment.
The amendment was rejected.
Rep. Wetmore proposed the following Amendment No. 33 to S. 474 (Word version) (LC-474.AHB0443H), which was tabled:
Amend the Bill, as and if amended, SECTION 2, by deleting Section 44-41-610, and inserting:
Section 44-41-610. As used in this article:
(1) "Conception" means fertilization.
(2) "Contraceptive" means a drug, device, or chemical that prevents conception.
(3) "Fetal heartbeat" means cardiac activity, or the steady and repetitive rhythmic contraction of the fetal heart, within the gestational sac.
(4) "Gestational age" means the age of an unborn human individual as calculated from the first day of the last menstrual period of a pregnant woman.
(5) "Gestational sac" means the structure that comprises the extraembryonic membranes that envelop the human fetus and that is typically visible by ultrasound after the fourth week of pregnancy.
(6) "Human fetus" or "unborn child" each means an individual organism of the species homo sapiens from fertilization until live birth.
(7) "Intrauterine pregnancy" means a pregnancy in which a human fetus is attached to the placenta within the uterus of a pregnant woman.
(8) "Medical emergency" means a condition that, by any reasonable medical judgment, so complicates the medical condition of a pregnant woman that it necessitates the immediate abortion of her pregnancy to avert her death without first determining whether there is a detectable fetal heartbeat or for which the delay necessary to determine whether there is a detectable fetal heartbeat will create serious risk of a substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. A condition must not be considered a medical emergency 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 and irreversible physical impairment of a major bodily function.
(9) "Physician" means any person licensed to practice medicine and surgery, or osteopathic medicine and surgery, in this State.
(10) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
(11) "Spontaneous miscarriage" means the natural or accidental termination of a pregnancy and the expulsion of the human fetus, typically caused by genetic defects in the human fetus or physical abnormalities in the pregnant woman.
(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 child. Such use, prescription, or means is not an abortion if done with the intent to save the life or preserve the health of the unborn child, or to remove a dead unborn child.
(2) "Clinically diagnosable pregnancy" means the point in time when it is possible to determine that a woman is pregnant due to the detectible presence of human chorionic gonadotropin (hCG).
(3) "Conception" means fertilization of an ovum by sperm.
(4) "Contraceptive" means a drug, device, or chemical that prevents ovulation, conception, or the implantation of a fertilized ovum in a woman's uterine wall after conception.
(5) "Fatal fetal anomaly" means that, in reasonable medical judgment, the unborn child has a profound and irremediable congenital or chromosomal anomaly that, with or without the provision of life-preserving treatment, would be incompatible with sustaining life after birth.
(6) "Father" means the biological parent of the unborn child as established by conclusive DNA testing.
(7) "Fetal heartbeat" means cardiac activity, or the steady and repetitive rhythmic contraction of the fetal heart, within the gestational sac.
(8) "Gestational age" means the age of an unborn child as calculated from the first day of the last menstrual period of a pregnant woman.
(9) "Gestational sac" means the structure that comprises the extraembryonic membranes that envelop the unborn child and that is typically visible by ultrasound after the fourth week of pregnancy.
(10) "Medical emergency" means in reasonable medical judgment, a condition exists that has complicated the pregnant woman's medical condition and necessitates an abortion to prevent death or serious risk of a substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. A condition must not be considered a medical emergency 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 and irreversible physical impairment of a major bodily function.
(11) "Physician" means a person licensed to practice medicine in this State. (12) "Pregnant" 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.
(13) "Rape" has the same meaning as criminal sexual conduct, regardless of the degree.
(14) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
(15) "Unborn child" means an individual organism of the species homo sapiens from conception until live birth.
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER moved to table the amendment, which was agreed to.
Reps. King and Bamberg proposed the following Amendment No. 83 to S. 474 (Word version) (LC-474.PH0380H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by adding a Section to read:
"Section 44-41-750. All members of the South Carolina General Assembly who vote in favor of Senate bill 474 must attend doctors appointments with all pregnant women in their district."
Renumber sections to conform.
Amend title to conform.
Rep. KING spoke in favor of the amendment.
Rep. KING moved to table the amendment, which was agreed to.
Rep. BAUER spoke against the Bill.
On motion of Rep. COBB-HUNTER, with unanimous consent, Rep. BAUER's remarks were ordered printed in the Journal as follows:
I know this is the number 1 priority for Republicans in this State so when I look at the men who came together to pass a law to take away a fundamental right from women and girls in this State for the first time in our history, it's really remarkable. It's remarkable because for the short time I've been here, so many of you talk about freedom. Freedom from government. Freedom to live your life. Freedom to run your business. Freedom to carry guns. Freedom to pick your school. Freedom for everything - unless you're a woman. It's very telling that the limit on freedom in the House of Representatives is women's rights.
I also find this Bill remarkable because everyone in this room knows we have a constitutional right to privacy in this State that protects personal autonomy over medical decision making. This has been the law for a long time in South Carolina and it protected inmates--convicted criminals--from government interference in their medical affairs. Medical autonomy for criminals--Fine. Medical autonomy for women--hell no. That's what you voted for today. We will see what the Court has to say about that -- again.
Finally, I commend the courage of all my male colleagues who acted with the deep conviction of men afraid to lose their seat and so they voted for women to have to carry their rapist babies, voted for women to give birth to dead babies, and voted for 10-year-olds to become mothers. I wish you luck as you explain this Bill to the 55% of registered voters in this State who are women and tell them why you voted to take their rights. You'll need it. We'll see you at the polls. We'll see you in court.
Most of all, I want to say to the good people of South Carolina, whether you voted for me or you didn't, I believe in actual freedom for all - myself and the Democrats in this Chamber will never stop fighting for you.
Rep. Heather Bauer
Rep. KING spoke against the Bill.
On motion of Rep. KING, with unanimous consent, Rep. KING's remarks were ordered printed in the Journal as follows:
I stand before you today to express my strong opposition to Senate Bill 474, the SC abortion ban. As a Representative, I believe that this Bill is not only unconstitutional, but also a direct attack on women's reproductive rights.
Senate Bill 474 seeks to ban abortions in South Carolina after a fetal heartbeat is detected, which is typically around six weeks of gestation. This is an extremely restrictive timeline, as many women do not even realize that they are pregnant until after this point. It is essential to understand that this Bill will significantly limit a woman's right to choose what happens to her Body. The decision to have an abortion is a personal and often difficult one. It is not a decision that should be made by lawmakers who do not understand the complexities of each individual's situation. This Bill will force women to carry unwanted pregnancies to term, which will have a significant impact on their mental and physical health.
Furthermore, this Bill will disproportionately affect low-income women and women of color, who often have limited access to healthcare and family planning resources. It is unacceptable to restrict their access to safe and legal abortion services, which are already limited in South Carolina.
In conclusion, I urge you to vote against Senate Bill 474. We must protect women's reproductive rights and ensure that every woman has the freedom to make decisions about her own body and future. Thank you.
Rep. John R. King
Rep. MCCRAVY spoke in favor of the Bill.
Rep. BERNSTEIN spoke against the Bill.
Rep. HAGER spoke in favor of the Bill.
Rep. MCDANIEL spoke against the Bill.
Rep. WHITE spoke in favor of the Bill.
Rep. BEACH spoke in favor of the Bill.
Rep. DILLARD spoke against the Bill.
Rep. HENDERSON-MYERS spoke against the Bill.
Rep. LANDING spoke in favor of the Bill.
Rep. TRANTHAM spoke in favor of the Bill.
Rep. HENEGAN spoke against the Bill.
Rep. TEDDER spoke against the Bill.
Rep. OREMUS spoke in favor of the Bill.
Rep. CROMER spoke in favor of the Bill.
Rep. J. L. JOHNSON spoke against the Bill.
Rep. ALEXANDER spoke against the Bill.
Rep. DAVIS spoke in favor of the Bill.
Rep. ERICKSON spoke in favor of the Bill.
Rep. OTT spoke against the Bill.
Rep. GILLIARD spoke against the Bill.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Burns Bustos Calhoon Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Hartnett Hayes Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Bamberg Bauer Bernstein Carter Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Ott Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Thigpen Weeks Wheeler Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
I did not vote on S. 474 (Word version) as I was out of the Country on a family trip that has been planned for the last three years. If I had been in the Chamber, I would have voted in favor of S. 474 (Word version). Since my election in 2010, I have been a staunch supporter of the right to life and have been honored to be recognized year in and year out by South Carolina Citizens for Life and other pro-life organizations for my advocacy.
Rep. Chris Murphy
Rep. FORREST moved that the House recur to the morning hour, which was agreed to.
The following was introduced: H. 4489 (Word version) -- Reps. Erickson, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO CELEBRATE THE SIXTY-SEVENTH BEAUFORT WATER FESTIVAL TO BE HELD ON JULY 14 THROUGH 23, 2023, AND TO HONOR THOSE WHO ORGANIZE, SPONSOR, VOLUNTEER FOR, AND PARTICIPATE IN THE FESTIVAL.
The Resolution was adopted.
The following was introduced:
H. 4490 (Word version) -- Reps. Howard, Bernstein, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE CARDINAL NEWMAN SCHOOL BOYS SOCCER TEAM, COACHES, AND SCHOOL OFFICIALS FOR A REMARKABLE SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2023 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS 4A STATE CHAMPIONSHIP TITLE. The Resolution was adopted.
The following was introduced:
H. 4491 (Word version) -- Reps. Stavrinakis, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO CONGRATULATE WESTMINSTER PRESBYTERIAN CHURCH OF CHARLESTON ON THE OCCASION OF ITS HISTORIC TWO HUNDREDTH ANNIVERSARY AND TO COMMEND THE CHURCH FOR TWO CENTURIES OF SERVICE TO GOD AND THE COMMUNITY.
The Resolution was adopted.
The following was introduced:
H. 4493 (Word version) -- Reps. Hartnett, Landing, Wetmore and Stavrinakis: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE PORTER-GAUD SCHOOL GIRLS LACROSSE TEAM, COACHES, AND SCHOOL OFFICIALS FOR A REMARKABLE SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2023 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS 4A STATE CHAMPIONSHIP TITLE. The Resolution was adopted.
The following was introduced:
H. 4494 (Word version) -- Reps. Hartnett, Landing, Wetmore and Stavrinakis: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE PORTER-GAUD SCHOOL BOYS TRACK TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2023 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS 4A STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 4495 (Word version) -- Reps. Hartnett, Landing, Wetmore and Stavrinakis: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE PORTER-GAUD SCHOOL BOYS TENNIS TEAM, COACHES, AND SCHOOL OFFICIALS FOR A STELLAR SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2023 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS 4A STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced: H. 4496 (Word version) -- Reps. McCabe, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO CONGRATULATE RHONDA PARRISH OF LEXINGTON SCHOOL DISTRICT FOUR UPON BEING NAMED 2023-2024 SANDHILLS MIDDLE SCHOOL STAFF PERSON OF THE YEAR, TO EXPRESS APPRECIATION FOR HER DEDICATED SERVICE TO SANDHILLS MIDDLE SCHOOL, AND TO WISH HER CONTINUED SUCCESS IN THE FUTURE.
The Resolution was adopted.
The following was introduced:
H. 4497 (Word version) -- Reps. McCabe, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR NICOLE M. BARKER, A STEM TEACHER AT DEERFIELD ELEMENTARY SCHOOL IN LEXINGTON SCHOOL DISTRICT ONE, AND TO CONGRATULATE HER FOR BEING NAMED THE SCHOOL'S 2023-2024 TEACHER OF THE YEAR. The Resolution was adopted.
The following was introduced:
H. 4498 (Word version) -- Rep. Weeks: A HOUSE RESOLUTION TO CONGRATULATE ALICE DRIVE MIDDLE SCHOOL ON BEING NAMED THE STATE WINNER IN THE 13TH ANNUAL SAMSUNG SOLVE FOR TOMORROW STEM COMPETITION.
The Resolution was adopted.
The following was introduced:
H. 4499 (Word version) -- Reps. McCabe, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR ALISON SCOTT YOUNG, A THIRD-GRADE TEACHER AT CAROLINA SPRINGS ELEMENTARY SCHOOL IN LEXINGTON SCHOOL DISTRICT ONE, AND TO CONGRATULATE HER FOR BEING NAMED THE SCHOOL'S 2023-2024 TEACHER OF THE YEAR.
The following was introduced:
H. 4499 (Word version) -- Reps. McCabe, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR ALISON SCOTT YOUNG, A THIRD-GRADE TEACHER AT CAROLINA SPRINGS ELEMENTARY SCHOOL IN LEXINGTON SCHOOL DISTRICT ONE, AND TO CONGRATULATE HER FOR BEING NAMED THE SCHOOL'S 2023-2024 TEACHER OF THE YEAR.
The Resolution was adopted.
The following was introduced: H. 4500 (Word version) -- Reps. McCabe, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO CONGRATULATE JENNIFER SANDY OF LEXINGTON SCHOOL DISTRICT FOUR UPON BEING NAMED 2023-2024 EARLY CHILDHOOD CENTER SUPPORT STAFF MEMBER OF THE YEAR, TO EXPRESS APPRECIATION FOR HER DEDICATED SERVICE TO THE EARLY CHILDHOOD CENTER, AND TO WISH HER CONTINUED SUCCESS IN THE FUTURE.
The Resolution was adopted.
The following was introduced: H. 4501 (Word version) -- Reps. McCabe, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO CONGRATULATE BRIDGET MCCRAY OF LEXINGTON SCHOOL DISTRICT FOUR UPON BEING NAMED 2023-2024 SWANSEA HIGH SCHOOL FRESHMAN ACADEMY SUPPORT STAFF MEMBER OF THE YEAR, TO EXPRESS APPRECIATION FOR HER DEDICATED SERVICE TO SWANSEA HIGH'S FRESHMAN ACADEMY, AND TO WISH HER CONTINUED SUCCESS IN THE FUTURE.
The Resolution was adopted.
The following was introduced:
H. 4492 (Word version) -- Reps. S. Jones, McCravy, Gilliam, Willis and Gagnon: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME TRAY RIDGE DRIVE IN LAURENS COUNTY "TRAYNHAM WAY" AND ERECT APPROPRIATE MARKERS OR SIGNS CONTAINING THESE WORDS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced: H. 4502 (Word version) -- Reps. Stavrinakis, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A CONCURRENT RESOLUTION TO CONGRATULATE WESTMINSTER PRESBYTERIAN CHURCH OF CHARLESTON ON THE OCCASION OF ITS HISTORIC TWO HUNDREDTH ANNIVERSARY AND TO COMMEND THE CHURCH FOR TWO CENTURIES OF SERVICE TO GOD AND THE COMMUNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. W. NEWTON, from the Committee on Beaufort Delegation, submitted a favorable report on:
S. 335 (Word version) -- Senator Davis: A BILL TO AMEND ACT 596 OF 1969, RELATING TO THE MEMBERSHIP OF THE HILTON HEAD NO. 1 PUBLIC SERVICE DISTRICT COMMISSION, TO PROVIDE FOR SEVEN APPORTIONED ELECTION DISTRICTS, AND TO PROVIDE FOR THE ELECTION OF CANDIDATES IN 2024 AND 2026.
Ordered for consideration tomorrow.
Rep. HOWARD moved that the House do now adjourn to reconvene in statewide session in 15 minutes at 9:40 p.m., Wednesday, May 17, 2023.
The Senate returned to the House with concurrence the following:
H. 4096 (Word version) -- Rep. Hardee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF S-26-31/RED BLUFF ROAD AND S-26-66 IN HORRY COUNTY THE "CHRISTOPHER AND MILES WADDELL MEMORIAL INTERSECTION" AND PLACE APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THESE WORDS. H. 4175 (Word version) -- Reps. Yow, Mitchell and Henegan: TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 9 IN CHESTERFIELD COUNTY FROM ITS INTERSECTION WITH S-13-897 TO ITS INTERSECTION WITH PERRY WILEY WAY AT CHESTERFIELD COMMERCE PARK "SENATOR EDWARD MCIVER LEPPARD MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.
At 9:25 p.m. the House, in accordance with the motion of Rep. MOSS, adjourned in memory of Samantha Peeler, to next meet at 9:40 p.m.
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