SOUTH DAKOTA LEGISLATIVE RESEARCH COUNCIL

FISCAL NOTE, 2006 LEGISLATIVE SESSION


FISCAL NOTE 2006-HB1215A

HB 1215, An Act to establish certain legislative findings, to reinstate the prohibition against certain acts causing the termination of an unborn human life, to prescribe a penalty therefor, and to provide for the implementation of such provisions under certain circumstances.

In HB 1215 the Legislature concurs with the conclusion of the South Dakota Task Force to Study Abortion and finds that abortions in the state should be prohibited. To implement this finding, the bill would make a person who terminates the life of an unborn human being guilty of a Class 5 felony which is punishable with five years imprisonment and a $5,000 fine. A licensed physician is required to make reasonable medical efforts to preserve the life of both the mother and the unborn child; however, if a death ensues, the physician would not be guilty of a Class 5 felony. Section 5 of House Bill 1215 defines the terms "pregnant," "unborn human being," and "fertilization." The bill does not apply to a pregnant woman upon whom an abortion was performed, and the bill does not prohibit the sale or use of contraceptive measures.

Certain statutes that regulate the performance of abortions are repealed. (See SDCL 34-23A-2 to 34-23A-5, inclusive.) However, if a court of law were to find the substantive provisions of HB 1215 to be unconstitutional, then those previously repealed sections would immediately take effect again.

After consultation with the Attorney General's Office, it is estimated that House Bill 1215 could have the following impact on the state's finances:

  General
Fund   		Federal
Funds   		Other
Funds  
Total  
FTE  
Agency/Item            
Revenue   $0   $0   $0   $0    
Expenses:
Bureau of Administration

Extraordinary Litigation Fund  


$0  


$0  


$1,000,000  


$1,000,000  


0.0  

Net Impact   $0   $0   $1,000,000   $1,000,000   0.0  


Assumptions:

The number of individuals who would be found guilty of the crime created by HB 1215 cannot be estimated; that cost to the State for FY 2007 is not discernable.

Litigation expenses such as this could qualify for coverage by the Extraordinary Litigation Fund which was created by the Legislature in 2004 with an appropriation of $1.65 million from the State General Fund.

APPROVED BY:_______________________________________ DATE:____________