OK
Oklahoma Senate Bill SB538

Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB538 Compare Versions

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4-An Act
5-ENROLLED SENATE
6-BILL NO. 538 By: Treat and Bullard of the
7-Senate
28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 538 By: Treat of the Senate
831
932 and
1033
11- Echols, Lepak, and Wolfley
12-of the House
34+ Echols of the House
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36+
1337
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1640 An Act relating to childbirth; amending 63 O.S. 2021,
1741 Section 1-740.16, which relates to definitions used
1842 in the Choosing Childbirth Ac t; modifying definition;
1943 amending 63 O.S. 2021, Section 1 -740.17, which
2044 relates to grants to private organizations for
2145 services; modifying grantmaking authority of the
2246 State Department of Health; describing methods of
2347 making grants and approving grant amou nts;
2448 stipulating additional reimbursable services;
2549 extending time period of certain services; adding and
2650 updating statutory references; amending 63 O.S. 2021,
2751 Section 1-740.18, which relates to grant complian ce
2852 and monitoring; conforming language; updating
2953 statutory language; providing an effective date; and
3054 declaring an emergency.
3155
3256
3357
34-SUBJECT: Childbirth
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64+AUTHOR: Add the following House Coauthor: Lepak
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66+AUTHOR: Add the following Senate Coauthor: Bullard
67+
68+AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
69+and insert:
70+
71+
72+"An Act relating to childbirth; amending 63 O.S.
73+2021, Section 1-740.16, which relates to definitions
74+used in the Choosing Childbirth Act ; modifying
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101+definition; amending 63 O.S. 2021, Section 1 -740.17,
102+which relates to grants to private organizations for
103+services; modifying grantmaking authority of the
104+State Department of Health; describing methods of
105+making grants and approving grant amounts ;
106+stipulating additional reimbursable services;
107+extending time period of certain services; adding and
108+updating statutory references; amending 63 O.S. 2021,
109+Section 1-740.18, which relates to grant complian ce
110+and monitoring; conforming language; updating
111+statutory language; providing an effective date; and
112+declaring an emergency.
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35116
36117 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
37-
38118 SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-740.16, is
39119 amended to read as follows:
40-
41-Section 1-740.16. As used in the Choosing Childbirth Act:
42-
120+Section 1-740.16 As used in the Choosing Childbirth Act:
43121 1. “Abortion” means the use or prescription of any instrument,
44122 medicine, drug or an y other substance or device to intentionally:
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47-ENR. S. B. NO. 538 Page 2
48123 a. kill the unborn child of a woman known to be pregnant,
49124 or
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51125 b. terminate the pregnancy of a woman known to be
52126 pregnant, with an intention other than:
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54127 (1) after viability of the unborn child, to produce a
55128 live birth and preserve the life and health of
56129 the child born alive, or
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58130 (2) to remove a dead unborn child;
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60131 2. “Unborn child” means an individual organism of the species
61132 Homo sapiens from fertilization until birth; and
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63159 3. “Grant-supervising entity” means a private entity which
64160 approves all grants made under the Choosing Childbirth Act that are
65161 not directly made to private organizations by the State Department
66162 of Health for reimbursement of services provided under the Choosing
67163 Childbirth Act and which:
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69164 a. is organized as a not-for-profit corporation in
70165 Oklahoma and as a 501(c)3 entity under the federal
71166 Internal Revenue Code, and
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73167 b. does not encourage or counsel any woman to have an
74168 abortion not necessary to prevent her death, to
75169 provide her such an abortion or to refer her for such
76170 an abortion, and does not accept funds or services
77171 knowingly from any entity which performs abortions or
78172 receives money for abortions.
79-
80173 SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-740.17, is
81174 amended to read as follows:
175+Section 1-740.17 A. The State Department of Health shall make
176+grants, as directed in subsection B of this section , from funds
177+appropriated by the Legislature specifically for this purpose, to a
178+grant-supervising entity for the purpose of reimbursing for the
179+Choosing Childbirth Act.
180+B. The purpose of the grants shall be to reimburse private
181+organizations in Oklahoma this state for the reasonable expenses of
182+programs providing the following services: listed in subsection C of
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209+this section. The Department shall make grants both directly to the
210+private organizations and to one or more grant-supervising entities ,
211+who shall reimburse the private organizations.
212+C. Reimbursable services provided under the Choosing Childbirth
213+Act shall include:
214+1. Providing information on, referral to and a ssistance in
215+securing the services of re levant existing programs or agencies that
216+assist women in Oklahoma this state to carry their children to term,
217+and/or providing services that a ssist women to carry their children
218+to term including, but not limited to , agencies and programs that
219+will provide:
220+a. medical attention for the pregnant woman for the
221+duration of her pregnancy including, but not limited
222+to, obstetric ultrasounds ,
223+b. mental health and substance abuse services,
224+c. nutritional support s ervices,
225+d. housing assistance,
226+e. transportation assistance,
227+f. adoption services,
228+g. education and employment assistance, and
229+h. parenting education and support services ;
230+2. Providing women in Oklahoma this state, in person and
231+through in-person community outreach, and telecare, information
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258+and/or services that encourage and assist them to carry their
259+children to term; and
260+3. Providing services including, but not limited to, healthcare
261+health care services to mothers and infants up to three (3) years
262+postpartum for the purpose of reducing the rates of maternal
263+mortality and infant mortality in this state by three pe rcent (3%)
264+within five (5) years of the effective date of this act not later
265+than July 1, 2026; provided, however, no funds shall be provided to
266+an organization that provides, or whose affiliates provide, abort ion
267+services.
268+B. D. To be eligible for a service grant, an organization
269+shall:
270+1. Be registered with the Oklahoma Secretary of State as a not-
271+for-profit corporation located in Oklahoma this state;
272+2. Have the grant amount approved by a:
273+a. the grant-supervising entity, if the grant was
274+provided to the private organization by a grant-
275+supervising entity, or
276+b. the Department, if the grant was provided directly to
277+the private organizatio n by the Department;
278+3. For services described in paragraphs 1 and 2 of subsection A
279+C of this section, provide each pregnant w oman counseled with
280+accurate information on the developmental characteristics of unborn
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307+children including offering the printed information described in
308+Section 1-738.3 of Title 63 of the Oklahoma Statutes this title;
309+4. Assure that the grant’s sole purposes are to assist and
310+encourage women to carry their children to term and to maximize
311+their potentials thereafter as provided in paragraphs 1 and 2 of
312+subsection C of this section or to reduce the rat es of maternal
313+mortality and infant mortality in this state as provided in
314+paragraph 3 of subsection A C of this section; and
315+5. Assure that none of th e funds provided pursuant to the
316+Choosing Childbirth Act, nor any other funds or services provided by
317+the organization, are used to encourage or counsel a woman to have
318+an abortion not necessary to prevent her death, to provide her such
319+an abortion or to refer her for such an abortion.
320+SECTION 3. AMENDATORY 63 O.S. 2021, Section 1 -740.18, is
321+amended to read as follows:
322+Section 1-740.18 The State Department of Health shall make
323+grants to a grant-supervising entity under the Choosi ng Childbirth
324+Act from funds appropriated by the Legislature specifically for this
325+purpose. The State Department of Health shall annually monitor and
326+review the any grant-supervising entity participating in the
327+Choosing Childbirth Act and any private organization directly
328+receiving a service grant from the Department to assure ensure that
329+the grant-supervising entity or private organization carefully
330+adheres to the purposes and requirements of the Choosin g Childbirth
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357+Act, and it. The Department shall cease funding a grant-supervising
358+entity or private organization that fails to do so adhere to such
359+purposes and requirements if the Department proves specific findings
360+of noncompliance, subject to judicial r eview.
361+SECTION 4. This act shall become effective July 1, 202 4.
362+SECTION 5. It being immediately necessary for the preservation
363+of the public peace, health or safety, an emergency is hereb y
364+declared to exist, by reason whereof this act shall take effect and
365+be in full force from and after its passage and a pproval."
366+Passed the House of Representatives the 24th day of April, 2024.
367+
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370+
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372+Presiding Officer of the House of
373+ Representatives
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376+Passed the Senate the ____ day of _______ ___, 2024.
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382+Presiding Officer of the Senate
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410+ENGROSSED SENATE
411+BILL NO. 538 By: Treat of the Senate
412+
413+ and
414+
415+ McEntire of the House
416+
417+
418+
419+
420+An Act relating to childbirth; amending 63 O.S. 2021,
421+Section 1-740.16, which relates to definitions used
422+in the Choosing Childbirth Act ; modifying definition;
423+amending 63 O.S. 2021, Section 1 -740.17, which
424+relates to grants to private organizations for
425+services; modifying grantmaking authority of the
426+State Department of Health; describing methods of
427+making grants and approving grant amoun ts;
428+stipulating additional reimbursable services;
429+extending time period of certain services; adding and
430+updating statutory references; amending 63 O.S. 2021,
431+Section 1-740.18, which relates to grant complian ce
432+and monitoring; conforming language; updating
433+statutory language; providing an effective date; and
434+declaring an emergency.
435+
436+
437+
438+
439+
440+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
441+SECTION 6. AMENDATORY 63 O.S. 2021, S ection 1-740.16, is
442+amended to read as follows:
443+Section 1-740.16. As used in the Choosing Childbirth Act:
444+1. “Abortion” means the use or prescription of any instrument,
445+medicine, drug or an y other substance or device to intentionally:
446+a. kill the unborn child of a woman known to be pregnant,
447+or
448+
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474+b. terminate the pregnancy of a woman known to be
475+pregnant, with an intention other than:
476+(1) after viability of the unborn child, to produce a
477+live birth and preserve the life and health of
478+the child born alive, o r
479+(2) to remove a dead unborn child;
480+2. “Unborn child” means an individual organism of the species
481+Homo sapiens from fertilization until birth; and
482+3. “Grant-supervising entity” means a private entity which
483+approves all grants made under the Choosing Childbirth Act that are
484+not directly made to private organiz ations by the State Department
485+of Health for reimbursement of services provided under the Choosing
486+Childbirth Act and which:
487+a. is organized as a not-for-profit corporation in
488+Oklahoma and as a 501(c)3 entity under the federal
489+Internal Revenue Code, and
490+b. does not encourage or counsel any woman to have an
491+abortion not necessary to prevent her death, to
492+provide her such an abortion or to refer her for such
493+an abortion, and does not acce pt funds or services
494+knowingly from any entity which performs abortions or
495+receives money for abortions.
496+SECTION 7. AMENDATORY 63 O.S. 2021, Section 1-740.17, is
497+amended to read as follows:
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82523
83524 Section 1-740.17. A. The State Department of Health s hall make
84525 grants, as directed in subsection B of this sec tion, from funds
85526 appropriated by the Legislature specifically for this purpose, to a
86527 grant-supervising entity for the purpose of reimbursing for the
87528 Choosing Childbirth Act.
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91529 B. The purpose of the gr ants shall be to reimburse private
92530 organizations in Oklahoma this state for the reasonable expenses of
93531 programs providing the following services: listed in subsection C of
94-this section. The Department shall make grants both directly to the
95-private organizations and to one or mo re grant-supervising entities,
96-who shall reimburse the private organizations.
97-
532+this section. The Department shall make grants either:
533+1. Directly to the private organizations;
534+2. To one or more grant-supervising entities, who shall
535+reimburse the private organizations ; or
536+3. Both directly to the private organizations and to one or
537+more grant-supervising entities , who shall reimburse the private
538+organizations.
98539 C. Reimbursable services provided under the Choosing Childbirth
99540 Act shall include:
100-
101541 1. Providing information on, referral to and a ssistance in
102542 securing the services of re levant existing programs or agencies that
103543 assist women in Oklahoma this state to carry their children to term,
104544 and/or providing services that as sist women to carry their children
105545 to term including, but not limited to, agencies and programs that
106546 will provide:
107547
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108573 a. medical attention for the pregnant woman for the
109574 duration of her pregnancy including, but not limited
110575 to, obstetric ultrasounds ,
111-
112576 b. mental health and substance abuse services,
113-
114577 c. nutritional support s ervices,
115-
116578 d. housing assistance,
117-
118579 e. transportation assistance,
119-
120580 f. adoption services,
121-
122581 g. education and employment assistance, and
123-
124582 h. parenting education and support services ;
125-
126583 2. Providing women in Oklahoma this state, in person and
127-through in-person community outreach, and telecare, information
128-and/or services that encourage and assist them to carry their
129-children to term; and
130-
584+through community outreac h, information and/or services that
585+encourage and assist them to carry their children to term; and
131586 3. Providing services including, but not limited to, healthcare
132-health care services to mothers and infants up to three (3) years
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134-ENR. S. B. NO. 538 Page 4
135-postpartum for the purpose of reducing the rate s of maternal
136-mortality and infant mortality in this state by three percent (3%)
137-within five (5) years of the effective date of this act not later
138-than July 1, 2026; provided, however, no funds shall be provided to
139-an organization that provides, or whose a ffiliates provide, abortion
140-services.
141-
587+services to mothers and infants up to three (3) years postpartum for
588+the purpose of reducing the rates of maternal mortality and infant
589+mortality in this state by three pe rcent (3%) within five (5) years
590+of the effective date of this act not later than July 1, 2026;
591+provided, however, n o funds shall be provided to an organization
592+that provides, or whose affiliates provide, abort ion services.
142593 B. D. To be eligible for a service grant, an organization
143594 shall:
595+1. Be registered with the Oklahoma Secretary of State as a not-
596+for-profit corporation located in Oklahoma;
144597
145-1. Be registered with the Oklahoma Secretary of State as a not -
146-for-profit corporation located in Oklahoma this state;
598+ENGR. S. B. NO. 538 Page 5 1
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148623 2. Have the grant amount approved by a:
149-
150624 a. the grant-supervising entity, if the grant was
151625 provided to the private organization by a grant-
152626 supervising entity, or
153-
154627 b. the Department, if the grant was provided directly to
155628 the private organization by the Department;
156-
157629 3. For services described in paragraphs 1 and 2 of subsection A
158630 C of this section, provide each pregnant w oman counseled with
159631 accurate information on the develop mental characteristics of unborn
160632 children including offering the printed information described in
161-Section 1-738.3 of Title 63 of the Oklahoma Statutes this title;
162-
633+Section 1-738.3 of Title 63 of the Oklahoma Statutes;
163634 4. Assure that the grant’s sole purposes are to assist and
164635 encourage women to carry their children to term and to maximize
165636 their potentials thereafter as provided in paragraphs 1 and 2 of
166637 subsection C of this section or to reduce the rat es of maternal
167638 mortality and infant mortality in this state as provided in
168639 paragraph 3 of subsection A C of this section; and
169-
170640 5. Assure that none of th e funds provided pursuant to the
171641 Choosing Childbirth Act, nor any other funds or services provided by
172642 the organization, are used to encourage or counsel a woman to have
173643 an abortion not necessary to prevent her death, to provide her such
174644 an abortion or to refer her for such an abortion.
645+SECTION 8. AMENDATORY 63 O.S. 2021, Section 1 -740.18, is
646+amended to read as follows:
175647
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178-SECTION 3. AMENDATORY 63 O.S. 2021, Section 1 -740.18, is
179-amended to read as follows:
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180672
181673 Section 1-740.18. The State Department of Health shall make
182674 grants to a grant-supervising entity under the Choosi ng Childbirth
183675 Act from funds appropriated by the Legislature specifically for this
184676 purpose. The State Department of Health shall annually monitor and
185677 review the any grant-supervising entity participating in the
186678 Choosing Childbirth Act and any private organization directly
187679 receiving a service grant from the Department to assure ensure that
188680 the grant-supervising entity or private organization carefully
189681 adheres to the purposes and requirements of the Choosin g Childbirth
190682 Act, and it. The Department shall cease funding a grant-supervising
191683 entity or private organization that fails to do so adhere to such
192684 purposes and requirements if the Department proves specific findings
193685 of noncompliance, subject to judicial r eview.
194-
195-SECTION 4. This act shall become effective July 1, 202 4.
196-
197-SECTION 5. It being immediately necessary for the preservation
686+SECTION 9. This act shall become effective July 1, 202 3.
687+SECTION 10. It being immediately necessary for the preservation
198688 of the public peace, health or safety, an emergency is hereb y
199689 declared to exist, by reason whereof this act shall tak e effect and
200690 be in full force from and after its passage and approval.
201691
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204-Passed the Senate the 29th day of May, 2024.
717+Passed the Senate the 8th day of March, 2023.
205718
206719
207720
208721 Presiding Officer of the Senate
209722
210723
211-Passed the House of Representatives the 24th day of April, 2024.
724+Passed the House of Representatives the ____ day of __________,
725+2023.
212726
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215729 Presiding Officer of the House
216730 of Representatives
217731
218-OFFICE OF THE GOVERNOR
219-Received by the Office of the Governor this _______ _____________
220-day of _________________ __, 20_______, at _______ o'clock _______ M.
221-By: _________________________________
222-Approved by the Governor of the State of Oklahoma this _______ __
223-day of _________________ __, 20_______, at _______ o'clock _______ M.
224732
225- _________________________________
226- Governor of the State of Oklahoma
227-
228-
229-OFFICE OF THE SECRETARY OF STATE
230-Received by the Office of the Secretary of State this _______ ___
231-day of _________________ _, 20 _______, at _______ o'clock _______ M.
232-By: _________________________________