Senate Bill No. 307
(By Senators Kessler, Plymale, Bowman, Love, Prezioso and Green)
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[Introduced January 23, 2008; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §16-2L-1, relating to
prohibiting state funding of abortions.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §16-2L-1, to read as
follows:
ARTICLE 2L. STATE SUBSIDIES PROHIBITED TO ENTITIES WHICH PERFORM
ABORTIONS.
§16-2L-1. State funding of abortion prohibited.
(a) No moneys received or controlled by or transferred from
any state fund or funding source may be expended for any abortion.
(b) No moneys received or controlled by or transferred from
any state fund or funding source may be expended for health
benefits coverage that includes coverage of abortion.
(c) The term "health benefits coverage" means the package of
services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
(d) The limitations established in the preceding subsections
do not apply to an abortion:
(1) If the preg
nancy is the result of an act of rape or
incest, which has been reported, together with the identity of the
offender, if known, to a law-enforcement agency having the
requisite jurisdiction and has been personally reported by the
victim; or
(2) In the case where a woman suffers from a physical
disorder, physical illness, including a life-endangering physical
condition caused by or arising from the pregnancy itself, and
would, as certified by a physician, place the woman in danger of
death unless an abortion is performed.
NOTE: The purpose of this bill is to prohibit state funding of
abortions.
This article is new; therefore, strike-throughs and
underscoring have been omitted.