State of South Dakota  
EIGHTY-THIRD SESSION
LEGISLATIVE ASSEMBLY, 2008  

187P0511   SENATE HEALTH AND HUMAN SERVICES ENGROSSED     NO.   SB 164  -  2/4/2008  

Introduced by:     Senators Olson (Ed), Dempster, Heidepriem, Jerstad, Katus, McCracken, Napoli, Nesselhuf, Turbak Berry, and Two Bulls and Representatives Halverson, Ahlers, Cutler, Elliott, Feinstein, Kirkeby, McLaughlin, Moore, Peters, Street, Thompson, and Van Norman
 

         FOR AN ACT ENTITLED, An Act to  clarify the application of certain statutes relative to contraception and birth control.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section 1.  The terms, contraception and birth control, mean any method of preventing pregnancy that is approved by the United States Food and Drug Administration.
     Section 2.  The Legislature hereby makes the following findings:
             (1)    Citizens of this state have a protectable interest in the freedom from unreasonable government intrusions into their private lives;
             (2)    This interest in freedom from unreasonable government intrusions into the private lives of citizens encompasses and protects the right of consenting individuals to obtain and use safe and effective methods of contraception without interference by governmental entities; and
             (3)    It is the public policy of this state that the interest in freedom from unreasonable

government intrusions into the private lives of citizens, and specifically the right of consenting individuals to obtain and use safe and effective methods of contraception without interference by governmental entities, shall be safeguarded and that the laws of this state shall be interpreted and construed to recognize and protect these rights.
     Section 3.  Neither contraception nor birth control, as defined in section 1 of this Act, is subject to or governed by the provisions of chapter 34-23A or §  36-11-70.