Third Substitute S.B. 68

Representative J. Morgan Philpot proposes the following substitute bill:

1 PROHIBITION OF PUBLIC FUNDING FOR
2 ABORTION
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Curtis S. Bramble
6 Gregory S. Bell
7 Leonard M. Blackham
8 Curtis S. Bramble
9 D. Chris Buttars
10 Dan R. Eastman
11 Beverly Ann Evans
12 James M. Evans
13 David L. GladwellThomas V. Hatch
Parley G. Hellewell
John W. Hickman
Lyle W. Hillyard
Scott K. Jenkins
Sheldon L. Killpack
Peter C. KnudsonL. Alma Mansell
Howard A. Stephenson
David L. Thomas
John L. Valentine
Michael G. Waddoups
Carlene M. Walker
Bill Wright 14
15 LONG TITLE
16 General Description:
17 This bill modifies the offenses against the family section of the Utah Criminal Code.
18 Highlighted Provisions:
19 This bill:
20 . prohibits the state and political subdivisions from using public funds for the
21 performance of an abortion; and
22 . provides a penalty for anyone who knowingly authorizes the use of public funds for
23 an abortion.
24 Monies Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None

28 Utah Code Sections Affected:
29 AMENDS:
30 76-7-324, as last amended by Chapter 50, Laws of Utah 1988
31 ENACTS:
32 76-7-326, Utah Code Annotated 1953
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 76-7-324 is amended to read:
36 76-7-324. Violation of restrictions on public funds for contraceptive or abortion
37 services as misdemeanor.
38 Any agent of a state agency or political subdivision, acting alone or in concert with
39 others, who violates Section 76-7-322 [or], 76-7-323 , or 76-7-326 is guilty of a class B
40 misdemeanor.
41 Section 2. Section 76-7-326 is enacted to read:
42 76-7-326. Public funding of abortion forbidden.
43 (1) As used in this section, "damage to a major bodily function" refers only to injury or
44 impairment of a physical nature and may not be interpreted to mean mental, psychological, or
45 emotional harm, illness, or distress.
46 (2) Public funds of the state, its institutions, or its political subdivisions may not be
47 used to pay or otherwise reimburse, either directly or indirectly, any person, agency, or facility
48 for the performance of any induced abortion services unless:
49 (a) in the professional judgment of the pregnant woman's attending physician, the
50 abortion is necessary to save the pregnant woman's life;
51 (b) the pregnancy is the result of rape or incest reported to law enforcement agencies,
52 unless the woman was unable to report the crime for physical reasons or fear of retaliation; or
53 (c) in the professional judgment of the pregnant woman's attending physician, the
54 abortion is necessary to prevent permanent, irreparable, and grave damage to a major bodily
55 function of the pregnant woman provided that a caesarian procedure or other medical
56 procedure that could also save the life of the child is not a viable option.
57 (3) Any officer or employee of the state who knowingly authorizes the use of funds
58 prohibited by this section shall be dismissed from that person's office or position and the

59 person's employment shall be immediately terminated.