Search terms: ABORTION |
IN THE SENATE
SENATE BILL NO. 1077
BY STATE AFFAIRS COMMITTEE
1
AN ACT
2
3
4
5
TO PROVIDE FOR SCOPE OF GRANT SUPPORT AND AWARD CRITERIA, TO ESTABLISH
6
PROVISIONS REGARDING APPLICATIONS, TO ESTABLISH PROVISIONS REGARDING
7
THE GRANT AWARD SCHEDULE, AND TO ESTABLISH PROVISIONS REGARDING FRAUDU-
8
9
CODE, TO REVISE PROVISIONS REGARDING ABORTIONS PERFORMED IN CASES OF
10
RAPE OR INCEST; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE
11
DATE.
13
14
by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
15
18
39-6201. SHORT TITLE. This chapter shall be known and may be cited as
19
20
21
in the state treasury the crisis pregnancy center grant fund. Subject to ap-
22
propriation by the legislature, moneys in the fund shall be used exclusively
23
for the purpose of grants for crisis pregnancy centers in order to improve
24
access to pregnancy-related health care services and to provide for the ad-
25
ministration of grants pursuant to this chapter.
26
39-6203. DEFINITIONS. As used in this chapter:
27
(1) "Applicant" means an entity submitting documents required by the
28
crisis pregnancy center grant program for the purpose of requesting a grant
29
from the crisis pregnancy center grant fund.
30
(2) "Application period" means the time period from July 1 to August 1
31
of the state fiscal year for which funding is requested.
32
(3) "Approval" means written notification that the application will be
33
awarded funding through the crisis pregnancy center grant fund.
34
(4) "Crisis pregnancy center" means a nonprofit corporation provid-
35
ing counseling and other support services to pregnant women in the state
36
37
38
performing abortions, whether within the state or outside the state.
2
1
(5) "Crisis pregnancy center grant" means a grant awarded pursuant to
2
this chapter.
3
(6) "Crisis pregnancy center grant program" means the program that ad-
4
ministers the crisis pregnancy center grant fund.
5
(7) "Department" means the state department of health and welfare.
6
(8) "Director" means the director of the department of health and wel-
7
fare.
8
(9) "Grant period" means the time period from July 1 through June 30 for
9
which funding is granted.
10
39-6204. SCOPE OF GRANT SUPPORT AND AWARD CRITERIA. (1) The department
11
shall award grants, in accordance with the procedures and criteria in this
12
chapter, to crisis pregnancy centers for the purpose of improving access to
13
pregnancy-related counseling and other services.
14
(2) The amount of individual grant awards shall be determined by the de-
15
partment based on an amount proportionate to the number of clients served by
16
the applicant in the previous calendar year. If a crisis pregnancy center
17
has been operating for less than one (1) year and does not have data regarding
18
the number of clients served in the previous calendar year, the crisis preg-
19
nancy center shall be eligible for a minimum award of twenty-five thousand
20
dollars ($25,000).
21
(3) As a condition of awarding grants, the department shall not inter-
22
fere with the internal operations or policies of the recipient crisis preg-
23
nancy center. Furthermore, the department shall minimize the administra-
24
tive burden on crisis pregnancy centers to that which is necessary to provide
25
for public accountability of grant awards.
26
39-6205. APPLICATION REQUIRED. (1) A completed crisis pregnancy cen-
27
ter grant application must be submitted by the applicant for the purpose of
28
requesting a grant on or before the conclusion of the application period
29
specified for the appropriate grant cycle.
30
(2) Each application shall include:
31
(a) Identification of the geographical area to be served;
32
(b) The name of the entity requesting funds;
33
(c) Certification of the number of clients served by the applicant dur-
34
ing the previous calendar year;
35
(d) A description of the intended use of any funds awarded; and
36
(e) The center's federal tax identification number.
37
(3) All applications shall include all required information.
38
(4) The grant application and any attachments submitted by the appli-
39
cant shall be the primary source of information for awarding a grant.
40
39-6206. GRANT AWARD SCHEDULE. The department shall conduct the grant
41
process in accordance with the following schedule:
42
(1) The director shall develop an application form in conformance with
43
44
1, which shall initiate the application period.
45
(2) The completed application shall be submitted no later than August
46
1.
3
1
(3) The department shall issue notification to every applicant regard-
2
ing the disposition of its grant request by October 30.
3
(4) Funds for approved grants shall be disbursed during November of
4
that grant period or over the course of the grant year as funds become avail-
5
able.
6
39-6207. FRAUDULENT INFORMATION ON GRANT APPLICATION. Providing
7
false information on any application or document submitted under this chap-
8
ter is a misdemeanor and grounds for declaring the applicant ineligible. Any
9
and all funds determined to have been acquired on the basis of fraudulent
10
information must be returned to the crisis pregnancy center grant program.
11
This section shall not limit other remedies that may be available for the
12
filing of false or fraudulent applications.
13
14
amended to read as follows:
15
18-622. DEFENSE OF LIFE ACT. (1) Except as provided in subsection (2)
16
17
18
19
less than two (2) years and no more than five (5) years in prison. The profes-
20
sional license of any health care professional who performs or attempts to
21
22
23
ate licensing board for a minimum of six (6) months upon a first offense and
24
shall be permanently revoked upon a subsequent offense.
25
(2) The following shall not be considered criminal abortions for pur-
26
poses of subsection (1) of this section:
27
28
this chapter and:
29
(i) The physician determined, in his good faith medical judgment
30
and based on the facts known to the physician at the time, that the
31
32
33
pregnant woman because the physician believes that the woman may
34
or will take action to harm herself; and
35
36
in the manner that, in his good faith medical judgment and based
37
on the facts known to the physician at the time, provided the best
38
opportunity for the unborn child to survive, unless, in his good
39
faith medical judgment, termination of the pregnancy in that man-
40
ner would have posed a greater risk of the death of the pregnant
41
woman. No such greater risk shall be deemed to exist because the
42
physician believes that the woman may or will take action to harm
43
herself; or
44
45
in this chapter during the first trimester of pregnancy, the physician
46
provided the woman with copies of the informed consent printed mate-
47
48
4
1
(i) If the woman is not a minor or subject to a guardianship, then,
2
3
a law enforcement agency that she is the victim of an act of rape or
4
incest and provided a copy of such report to the physician who is
5
6
fidential part of the woman's medical record subject to applicable
7
privacy laws; or
8
(ii) If the woman is a minor or subject to a guardianship, then,
9
10
or guardian has reported to a law enforcement agency or child pro-
11
tective services that she is the victim of an act of rape or incest
12
and a copy of such report has been provided to the physician who is
13
14
fidential part of the woman's medical record subject to applicable
15
privacy laws.
16
(3) If a report concerning an act of rape or incest is made to a law en-
17
forcement agency or child protective services pursuant to subsection (2)(b)
18
of this section, then the person who made the report shall, upon request, be
19
entitled to receive a copy of such report within seventy-two (72) hours of
20
the report being made, provided that the report may be redacted as necessary
21
to avoid interference with an investigation.
22
(4) Medical treatment provided to a pregnant woman by a health care pro-
23
fessional as defined in this chapter that results in the accidental death of,
24
or unintentional injury to, the unborn child shall not be a violation of this
25
section.
26
(5) Nothing in this section shall be construed to subject a pregnant
27
28
tion and penalty.
29
SECTION 3. An emergency existing therefor, which emergency is hereby
30
declared to exist, this act shall be in full force and effect on and after
31
July 1, 2025.