2006 Ballot Question Pamphlet Compiled by the Office of Secretary of State Chris Nelson
Referred Law 6
Title: Referral of HB 1215, entitled “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 therefore, and to provide for the implementation of such provisions under certain circumstances.”
Attorney General Explanation
Current South Dakota law generally allows a pregnant woman to obtain an abortion during the first 24 weeks of pregnancy.
Beyond 24 weeks, abortions may be performed only if necessary to preserve the life or health of the pregnant woman.
House Bill 1215 would prohibit any person, at any time, from providing any medicine or other substance to a pregnant womanfor the specific purpose of terminating her pregnancy. However, a person may provide a contraception substance to a woman without penalty prior to the time her pregnancy could be determined by conventional medical testing.
HB 1215 would also prohibit any person, at any time, from using any instrument or procedure on a pregnant woman for the specific purpose of terminating her pregnancy, unless the person is a licensed physician performing a medical procedure to prevent the death of the pregnant woman.
Any person other than the pregnant woman who violates the provisions of HB 1215 would commit a felony.
If approved, HB 1215 will likely be challenged in court and may be declared to be in violation of the US Constitution. If so, the State may be required to pay attorneys fees and costs.
A vote “Yes” will allow the Act to become effective.
A vote “No” will reject the Act.
Pro – Referred Law 6
In the 33 years since the US Supreme Court decided Roe v. Wade, medical and scientific studies have produced a wealth of credible information about unborn children, fetal pain, and postabortion problems experienced by women, information not available or known to the Court when it decided to legalize abortions, and reverse the pro-life protection laws of many states.
In 2005, the South Dakota Legislature created a 17 member Task Force to gather information and evidence about the practice of abortion since its legalization. The Task Force concluded that abortions harm women, physically and mentally, and that life begins at conception. Neither of these facts was contemplated by the Roe Court.
Based on the findings and conclusions of the Task Force, over fifteen years of enacting laws to protect the lives of unborn children and to grant them legal status, and a State Constitution which provides an “inherent right to life”, the Legislature and the Governor of South Dakota enacted HB 1215.
At issue are the rights of unborn children, the protection of the health of women, and the right and responsibility of South Dakota to exercise its powers under the 10th Amendment to the US Constitution.
After passing HB 1215 the SD Legislature also passed SB 154 which set up a separate fund to receive money to defend the state against abortion lawsuits and save taxpayer dollars from being spent on legal expenses.
The bill allows an exception for rape and incest, in addition to an exception for the life of the mother. Under Section 3, a woman who is the victim of rape or incest can consult with any doctor and until “conventional medical testing” can confirm a pregnancy (up to 14 days), she can be given an emergency contraceptive.
Vote Yes on Referred Law 6 ..... for Life!
Submitted by Rep. Roger Hunt, PO Box 827, Brandon, SD
57005; Supported by Vote Yes For Life.com
Representative Hunt represents District 10
Con – Referred Law 6
This abortion ban is rigid and too restrictive. We ask you to VOTE NO ON REFERRED LAW 6.
This law has no exception for the health of a woman. A pregnant woman and her family will be left with no options to treat a terminal illness like breast or ovarian cancer because pregnant women can not take many medications. Rape and incest victims also have no options. Many victims of rape and incest, including young women are too ashamed or afraid to come forward in time to prevent the pregnancy. The law allows the government to intrude into a difficult, private decision that should be made by a woman, her family and her doctor. According to the Attorney General, this abortion law will likely be challenged in court and may be declared in violation of the US Constitution. The State will likely be required to pay attorneys fees. The big winners will be lawyers. With limited resources we should focus on education, health care and jobs, not fighting lawsuits. The law would make performing abortions or prescribing medical abortion pills a felony, subjecting doctors to sentences of five years in prison. Abortion is already rare in South Dakota. Making abortion illegal in just South Dakota, will not reduce the number of abortions, it will cause women to go to other states.
We don’t need this law that leaves us with no options.
Submitted by Dr. Maria Bell, PO Box 1484, Sioux Falls, SD
57101
*BOLD PRINT & ITALICS ADDED BY BOUND4LIFEVT FOR EMPHASIS
