<p>COMMONWEALTH OF KENTUCKY LEGISLATIVE RESEARCH COMMISSION GENERAL ASSEMBLY LOCAL MANDATE FISCAL IMPACT ESTIMATE 2003 REGULAR SESSION 2002-2003 INTERIM</p><p>MEASURE</p><p>2003 RS BR 932 Amendment: Committee Floor</p><p>Bill #: HB 385 Amendment # </p><p>SUBJECT/TITLE An ACT relating to abortion</p><p>SPONSOR Representative Scott Brinkman</p><p>MANDATE SUMMARY</p><p>Unit of Government: X City; X County; X Urban County Government</p><p>Program/ Office(s) Impacted: Local law enforcement/county jails</p><p>Requirement: X Mandatory Optional</p><p>Effect on Powers & Duties X Modifies Existing X Adds New Eliminates Existing</p><p>PURPOSE/MECHANICS</p><p>The measure requires information about a fetus to be provided to a woman seeking an abortion and requires an abortion provider to administer a fetal anesthetic or analgesic with the mother's consent. This bill also requires the state to create a web site on fetal behavior during abortion, provides for civil liability when provisions of the bill are not met, requires anonymity of women seeking abortion when the measure's civil or criminal provisions are not met, and provides for criminal liability when specific portions of the measure are not met.</p><p>FISCAL EXPLANATION/BILL PROVISIONS ESTIMATED COST</p><p>The fiscal impact of HB 385 on local governments is indeterminable, but is expected to be minimal to moderate. The measure creates a Class D felony where the person performing an abortion does not inform the patient that an anesthetic or analgesic would eliminate or alleviate organic pain to the fetus, or fails to inform the patient of the medical risks associated with the administration of an anesthetic or analgesic. Additionally, the measure creates a Class B misdemeanor for any physician who knowingly or recklessly submits a false claim pertaining to provisions of the measure.</p><p>Interviewees from local law enforcement indicated the measure could have a minimal to moderate fiscal impact on their agencies. Rural law enforcement agencies would likely experience less impact than urban agencies. Law enforcement agencies, primarily from urban areas, indicated the</p><p>Page 1 measure would require specialized training to adequately investigate these types of crime. Obtaining medical records and statements from doctors and nurses can be extremely difficult, and "professional" type training could be necessary to initiate interviews and interpret findings. Rural law enforcement could be faced with the same administrative problems, however it is expected that these types of crimes will occur much less frequently in rural areas than in urban areas.</p><p>County jails will be responsible for housing types of prisoners arrested or convicted under the provisions of this bill. Class B misdemeanants would be incarcerated in county jails for up to 90 days, with the county solely responsible for a daily per diem rate of $27.51 per day. County jails would also be responsible for incarceration costs associated with Class D Felons, through the period of conviction and sentencing. The daily per diem rate for these type prisoners is $27.51 per day and the period of time generally runs 45 days. Therefore, county jails could receive a moderate fiscal impact, if the measure is enacted. It is expected that urban county jails would be affected more than rural county jails because of a lower rate of crime.</p><p>DATA SOURCE(S) LRC Staff KY Police Chiefs Association KY Sheriffs Association KY Jailers Association</p><p>PREPARER Doug Huddleston REVIEW DATE</p><p>Page 2</p>