SOUTH CAROLINA REVENUE AND FISCAL AFFAIRS OFFICE
S
TATEMENT OF ESTIMATED FISCAL IMPACT
WWW.RFA.SC.GOV • (803)734-3793
This fiscal impact statement is produced in compliance with the South Carolina Code of Laws and House and Senate rules. The focus of
the analysis is on governmental expenditure and revenue impacts and may not provide a comprehensive summary of the legislation.
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H. 3457
Fiscal Impact Summary
This bill, the Human Life Protection Act, states that, other than the exceptions provided in
Section 44-41-640 for medical emergencies or to prevent the death of the pregnant woman, no
person may knowingly administer to, prescribe for, deliver to, or sell to any pregnant woman any
medicine, drug, or other substance with the specific intent to cause an abortion. Additionally, a
person may not knowingly use or employ any instrument, device, means, or procedures upon a
pregnant woman with the intent of causing an abortion. This bill states a person who violates
these subsections or uses force or threat of force for the purpose of coercing an abortion is guilty
of a felony and, upon conviction, must be fined $10,000, imprisoned for not more than two
years, or both. Further, this bill specifies exceptions for intrauterine devices, emergency
contraceptive drugs designed to be taken within five days of unprotected sex, and cases of
selective reduction when medically necessary to prevent substantial risk of death or substantial
irreversible physical impairment of a major bodily function of another unborn child. Lastly, this
bill repeals Sections 44-41-32, 44-41-33, 44-41-34, 44-41-650, and 44-41-660 relating to
exceptions for abortions in the case of fatal fetal anomalies, rape, and incest and makes
conforming changes.
The Department of Public Health (DPH), the Public Employee Benefit Authority (PEBA), the
University of South Carolina (USC) School of Medicine, the Office of the Attorney General, and
the Department of Juvenile Justice (DJJ) report this bill will have no expenditure impact on their
operations.
This bill may result in an increase in the number of circuit court cases, and potentially the
number of incarcerations, which may increase the workload of the court system and the
Commission of Indigent Defense (CID), the Commission on Prosecution Coordination (CPC),
the Department of Corrections (Corrections), and the Department of Probation, Parole and
Pardon Services (PPP). Judicial indicates that the increase in the caseload in court is expected to
be managed within existing appropriations. Additionally, the potential increase in expenses for
each agency will depend upon the increase in the number of cases and number of
incarcerations. These agencies indicate that if this bill results in a significant increase in the
workload, then an increase in General Fund appropriations may be requested. For information,
according to Corrections, in FY 2023-24, the annual total cost per inmate was $40,429, of which
$36,553 was state funded.
Bill Number: H. 3457 Introduced on Januar
y 14, 2025
Subject: Human Life Protection Act
Requestor: House Judiciary
RFA Analyst(s): Boggs and Gardner
Impact Date: March 14, 2025
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H. 3457
Under this bill, abortions in cases of fatal fetal anomalies, rape, and incest would be illegal in
South Carolina and no longer coverable by the Department of Health and Human Services
(DHHS). DHHS anticipates that this bill will have minimal fiscal impact to the agency.
This bill may have a fiscal impact for the Medical University of South Carolina (MUSC). We
have requested additional information and are working with the agency to clarify the fiscal
impact.
The fiscal impact for the Department of Social Services (DSS) and the Department of Labor,
Licensing, and Regulation (LLR) is pending, contingent upon a response from these agencies.
Explanation of Fiscal Impact
Introduced on January 14, 2025
State Expenditure
This bill states that, other than the exceptions in provided in Section 44-41-640 for medical
emergencies or to prevent the death of the pregnant woman, no person may knowingly
administer to, prescribe for, deliver to, or sell to any pregnant woman any medicine, drug, or
other substance with the specific intent to cause an abortion. Additionally, a person may not
knowingly use or employ any instrument, device, means, or procedures upon a pregnant woman
with the intent of causing an abortion. Further, a person who violates these subsections or uses
force or threat of force for the purpose of coercing an abortion is guilty of a felony and, upon
conviction, must be fined $10,000, imprisoned for not more than two years, or both. This bill
specifies that this does not include intrauterine devices if not administered to cause or induce an
abortion and emergency contraception drugs designed to be taken within five days of
unprotected sex. Additionally, it is not a violation to perform or undergo assistive reproductive
technology including, but not limited to, in vitro fertilization, within the accepted standards of
care by the reproductive medical community. This bill also states, unless it is necessary within
reasonable medical judgment to prevent a substantial risk of death or a substantial and
irreversible physical impairment of a major bodily function of another unborn child, performing
selective reduction, as defined in this bill, is also a violation.
Additionally, this bill states that in every civil proceeding, criminal proceeding or other action
brought pursuant to this article, the court must rule whether the anonymity of any woman on
whom an abortion had been performed or induced shall be preserved from public disclosure if
the woman does not give consent to disclosure.
Lastly, this bill repeals Sections 44-41-32, 44-41-33, 44-41-34, 44-41-650, and 44-41-660
relating to exceptions for abortions in the case of fatal fetal anomalies, rape, and incest and
makes conforming changes.
DPH, PEBA, the USC School of Medicine, the Office of the Attorney General, and DJJ report
this bill will have no expenditure impact on their operations.
__________________________________
Frank A. Rainwater, Executive Director
DISCLAIMER: THIS FISCAL IMPACT STATEMENT REPRESENTS THE OPINION AND INTERPRETATION OF THE
AGENCY OFFICIAL WHO APPROVED AND SIGNED THIS DOCUMENT. IT IS PROVIDED AS INFORMATION TO
THE GENERAL ASSEMBLY AND IS NOT TO BE CONSIDERED AS AN EXPRESSION OF LEGISLATIVE INTENT.
Page 3 of 3
H. 3457
This bill may result in an increase in the number of circuit court cases, and potentially the
number of incarcerations, which may increase the workload of the court system and CID, CPC,
Corrections, and PPP. Judicial indicates that the increase in the caseload in court is expected to
be managed within existing appropriations. Additionally, the potential increase in expenses for
each agency will depend upon the increase in the number of cases and number of
incarcerations. These agencies indicate that if this bill results in a significant increase in the
workload, then an increase in General Fund appropriations may be requested. For information,
according to Corrections, in FY 2023-24, the annual total cost per inmate was $40,429, of which
$36,553 was state funded.
Department of Health and Human Services. Under this bill, abortions in cases of fatal fetal
anomalies, rape, and incest would be illegal in South Carolina and no longer coverable by
DHHS. DHHS anticipates that this bill will have minimal fiscal impact to the agency.
Medical University of South Carolina. This bill may have a fiscal impact for MUSC. We have
requested additional information and are working with the agency to clarify the fiscal impact.
The fiscal impact for DSS and LLR is pending, contingent upon a response from the agencies.
State Revenue
N/A
Local Expenditure
N/A
Local Revenue
N/A