S.D. Gov. Considering Whether State Has Sufficient Funds if New Abortion Law Is Challenged in Court

March 11, 2011 — South Dakota Gov. Dennis Daugaard (R) is expected to sign legislation (HB 1217) that would require a woman seeking abortion care to visit a crisis pregnancy center and wait 72 hours before the procedure, the Sioux Falls Argus Leader reports (Luther, AP/Sioux Falls Argus Leader, 3/10). The legislation would increase the current wait time of 24 hours and would give the state the longest wait time in the U.S. (Women's Health Policy Report, 3/4). Daugaard indicated last week that he is "inclined to sign" the bill into law; however, he is considering whether the state's legal defense fund is sufficient to defend against a legal challenge, according to Policy and Communications Director Tony Venhuizen.

According to the Argus Leader, the state's Life Protection Fund -- a public fund established in 2006 to defend state abortion laws -- currently has about $14,500. Lawmakers estimate that a legal challenge would cost at least $50,000, with some estimates ranging to $1 million. The issue of whether the state had sufficient funds to defend itself in a challenge came up in the Legislature's debate of the bill.

Daugaard, who has until March 24 to sign the bill into law, said he is not overly concerned about a legal challenge because he has been assured that private funds will be available (Sioux Falls Argus Leader, 3/10).