79th Legislative Session _ 2004

Committee: Senate State Affairs
Saturday, February 21, 2004

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Knudson
P    Kurtenbach
P    McCracken
P    Olson (Ed)
P    Sutton (Dan)
P    Symens
P    Vitter
P    Duniphan, Vice-Chair
P    Bogue, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Bogue, Chair.

MOTION:     TO APPROVE THE MINUTES OF FRIDAY, FEBRUARY 20, 2004.

Moved by:    Duniphan
Second by:    Knudson
Action:    Prevailed by voice vote.

         HB 1191: establish certain legislative findings, to reinstate the prohibition against certain acts causing the termination of an unborn human life, and to prescribe a penalty therefor.

Presented by:    Senator Lee Schoenbeck (Document #1, #2, and #3)
Proponents:    Gerard V. Bradley, Notre Dame Law School, Notre Dame, Indiana
        Travis Benson, Catholic Diocese of Sioux Falls, Sioux Falls
        Dr. David Fu-Chi Mark, Molecular Biologist, New Jersey (Telephonic testimony)
        Leslie Unruh, self, Sioux Falls
        Rob Regier, SD Family Council, Sioux Falls


        Linda Schauer, Concerned Women For America
        Sylvia Rhoden, self, Union Center
        Senator Jay Duenwald (Document #4)
        Pam Stencil, self, Southwest Minnesota (Telephonic testimony)
Opponents:    Greg Brewers, SD Advocacy Network
        Kate Looby, Planned Parenthood, Sioux Falls (Document #5)
        Jennifer Ring, ACLU of The Dakotas (Document #6)
        Stacy Reed, self, Pierre
        Jeanie Votava, self, Pierre

MOTION:     DO PASS HB 1191

Moved by:    Vitter
Second by:    Kurtenbach
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1191

1191rv
     On the House engrossed bill, delete everything after the enacting clause and insert:

"
     Section 1. The Legislature finds that a human being at any stage of development or aging, from the beginning of life until death, is a separate and distinct person. At the beginning of human life, a person begins to exist and personhood is determined only by the fact that a person is a human being, and not by any other status, circumstance, or factor.

     Section 2. The Legislature finds that since the United States Constitution and federal court decisions have not resolved the question of the beginning of human life, it is within the power of this Legislature to do so. Science overwhelmingly proves and validates that fertilization of a human ovum by a human sperm marks the beginning of the life of a new and distinct human being.

     Section 3. The Legislature finds that a person in the stage of development from the beginning of life until birth, considered an unborn child, is due all the rights and privileges granted under law to a person beyond that stage of development. South Dakota law recognizes a human being who is in the stage of development from the beginning of life until birth as a separate and distinct person. The State of South Dakota has a compelling and paramount interest in the preservation and protection of all persons within and subject to its jurisdiction. This protection applies to all persons at any stage of development or aging, from the beginning of life until death. Biological parents of unborn children have interests entitled to protection in the life, health, and well-being of their unborn child.


     Section 4. That § 34-23A-10.1 be amended to read as follows:

     34-23A-10.1.   No abortion may be performed except with the voluntary and informed consent of the female upon whom the abortion is to be performed. Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if:

             (1)      The female is told the following by the physician who is to perform the abortion or by the referring physician, at least twenty-four hours before the abortion:
             (a)      The name of the physician who will perform the abortion;
             (b)      The particular medical risks associated with the particular abortion procedure to be employed including, when medically accurate, the risks of infection, hemorrhage, danger to subsequent pregnancies, and infertility;
             (c)      The probable gestational age of the unborn child at the time the abortion is to be performed; and
             (d)      The medical risks associated with carrying her child to term;
             (2)      The female is informed, by telephone or in person, by the physician who is to perform the abortion, by the referring physician, or by an agent of either, at least twenty-four hours before the abortion:
             (a)      That medical assistance benefits may be available for prenatal care, childbirth, and neonatal care;
             (b)      That the father is liable to assist in the support of her child, even in instances in which the father has offered to pay for the abortion; and
             (c)      That she has the right to review the printed materials described in §   34-23A-10.3 and the website described in §   34-23A-10.4. The physician or the physician's agent shall orally inform the female that the materials have been provided by the State of South Dakota at no charge to the female. If the female chooses to view the materials, they shall either be given to her at least twenty-four hours before the abortion or mailed to her at least seventy-two hours before the abortion by certified mail, restricted delivery to addressee, which means the postal employee can only deliver the mail to the addressee;
             (3)      The female certifies in writing, prior to the abortion, that the information described in subdivisions (1) and (2) of this section has been furnished her, and that she has been informed of her opportunity to review the information described in §   34-23A-10.3; and
             (4)      Prior to the performance of the abortion, the physician who is to perform the abortion or the physician's agent receives a copy of the written certification prescribed by subdivision (3) and certifies in writing that the information described in subdivisions (1) and (2) of this section has been provided to the female and that the physician believes that the female has had sufficient time to review and understand that information .

     The physician may provide the information prescribed in subdivision (1) by telephone without conducting a physical examination or tests of the patient, in which case the information required to be supplied may be based on facts supplied the physician by the female and whatever other relevant

information is reasonably available to the physician.

     Section 5. The Legislature finds that procedures terminating the life of an unborn child impose risks to the life and health of the pregnant mother, including the possibility of causing depression, suicide or suicidal ideation, post traumatic stress disorder or other mental and emotional trauma, physical injury, and death. The Legislature further finds that a woman seeking to terminate the life of her unborn child may be subject to pressures which can cause an emotional crisis, undue reliance on the advice of others, clouded judgment, and a willingness to violate conscience to avoid those pressures. The Legislature therefore finds that great care must be taken to provide a woman seeking to terminate the life of her unborn child with complete and accurate information and adequate time to understand and consider that information in order to make a fully informed and voluntary consent to the termination.

     Section 6. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."


Moved by:    Olson (Ed)
Second by:    Symens
Action:    Prevailed by roll call vote.(5-4-0-0)

Voting Yes:    Knudson, McCracken, Olson (Ed), Symens, Duniphan

Voting No:    Kurtenbach, Sutton (Dan), Vitter, Bogue

MOTION:     DO PASS HB 1191 AS AMENDED

Moved by:    Symens
Second by:    Olson (Ed)
Action:    Prevailed by roll call vote.(8-1-0-0)

Voting Yes:    Knudson, Kurtenbach, McCracken, Olson (Ed), Sutton (Dan), Symens, Duniphan, Bogue

Voting No:    Vitter

MOTION:     TO AMEND TITLE OF HB 1191

1191ota
     On page 1, line 1 of the House engrossed bill, delete " , to reinstate the " and insert "regarding the termination of an unborn human life, revise certain provisions regarding the informed consent

necessary for an abortion, and to declare an emergency.".


     On page 1 , delete lines 2 and 3 .

Moved by:    Duniphan
Second by:    McCracken
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    Duniphan
Second by:    McCracken
Action:    Prevailed by voice vote.

Nancy Benson

____________________________

Committee Secretary
Eric H. Bogue, Chair


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