South Carolina General Assembly
114th Session, 2001-2002

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Bill 3093

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COMMITTEE REPORT

April 18, 2001

    H. 3093

Introduced by Reps. Campsen, Altman, Simrill, Harrison and Owens

S. Printed 4/18/01--H.

Read the first time January 9, 2001.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (H. 3093) to amend the Code of Laws of South Carolina, 1976, by adding Section 44-1-115 so as to require the Department of Health and Environmental Control to develop a data base, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, by adding appropriately numbered Section to read:

    /SECTION ___.    This act may be cited as the 'South Carolina Parental Reproductive Rights Act'. /

    Renumber sections to conform.

    Amend totals and title to conform.

JAMES H. HARRISON for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES IS:

A Cost to the General Fund (See Below)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

See Below

FIRST YEAR GENERAL FUNDS: $ 268,618

FIRST YEAR FEDERAL & OTHER FUNDS: See Below

ANNUAL TOTAL THEREAFTER: See Below

EXPLANATION OF IMPACT:

    The Department of Health and Environmental Control (DHEC) estimates the first year cost of database development and annual maintenance to be $297,235. This estimate includes $28,618 (one-half the annual salary of $57,235 since this bill takes effect Jan. 1, 2002) for one (1.00) Information Resources Consultant who would maintain the database, and $96,500 for annual operating expenses. Also included in this estimate is a one-time cost of approximately $140,000 for consultants to develop the database, and $3,500 for office furniture including a computer. Therefore, beyond the first year, the continuing cost to the general fund is estimated at $153,735 annually.

SPECIAL NOTES:

    DHEC states that enactment of this legislation would jeopardize $4,634,174 in federal funding received annually by DHEC pursuant to Title X (Family Planning) of the US Public Health Services Act, and the $5,664,797 in federal STD/HIV grant funds which provide condoms for the purpose of preventing the spread of STDs. Both of these grant programs prohibit discrimination (of services provided) based on a person's age. In order to comply with the provisions of House Bill 3093, DHEC states it would be in violation of federal laws regarding age discrimination.

    Approved By:

    Don Addy

    Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-115 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A DATA BASE IN WHICH A PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS CAN REGISTER WITH THE DEPARTMENT PROHIBITING THE DEPARTMENT OR ANOTHER AGENCY OR DEPARTMENT OF THE STATE FROM PROVIDING CONDOMS OR OTHER CONTRACEPTIVES TO THEIR CHILDREN AND TO REQUIRE THE DEPARTMENT TO PUBLISH AND DISTRIBUTE INFORMATION CONCERNING THIS REGISTRATION; AND BY ADDING SECTION 44-1-117 SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, ANOTHER STATE AGENCY OR DEPARTMENT, OR A PERSON ACTING ON THEIR BEHALF, FROM DISTRIBUTING CONDOMS OR OTHER TYPES OF CONTRACEPTIVES TO A PERSON UNDER SIXTEEN YEARS OF AGE IF THE PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS HAS REGISTERED WITH THE DEPARTMENT PROHIBITING SUCH DISTRIBUTION TO THEIR CHILD.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    The 1976 Code is amended by adding:

    "Section 44-1-115.    (A)    The Department of Health and Environmental Control shall develop a data base in which a parent, legal guardian, or one acting en loco parentis to a child under sixteen years of age may register in writing with the department prohibiting the department or another agency or department of the State from providing condoms or other types of contraceptives to their child.

    The department shall publish and distribute informational brochures to schools, physicians, and health agencies and facilities which include procedures for registration, and shall provide access to this information to another department or agency of the State that provides condoms or other contraceptives to minors."

SECTION    2.    The 1976 Code is amended by adding:

    "Section 44-1-117.    Notwithstanding another provision of law, the Department of Health and Environmental Control, another state agency or department, or a person acting on behalf of an agency or department may not distribute condoms or other types of contraceptives to a person under sixteen years of age if the child's parent, legal guardian, or one acting en loco parentis has registered with the Department of Health and Environmental Control in accordance with Section 44-1-115."

SECTION    3.    This act takes effect January 1, 2002.

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