WEST virginia Legislature

2017 regular session

Introduced

House Bill 3052

By Delegates Kessinger, Upson, Sobonya, Rowan, Miller, C., Blair, Sypolt and Frich

[Introduced March 14, 2017; Referred
to the Committee on the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2P-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 §16-2P-1, to read as follows:

ARTICLE 2P.  STATE SUBSIDIES PROHIBITED TO ENTITIES WHICH PERFORM ABORTIONS.

§16-2P-1.  State funding of abortion prohibited.

(a) Moneys received or controlled by or transferred from any state fund or funding source may not be expended for any abortion.

(b) Moneys received or controlled by or transferred from any state fund or funding source may not 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 pregnancy 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) If 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.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.