NAF's Report on Federal and State Action on Abortion Issues
March, 1999

Federal Legislation

3/2- Representatives Carolyn Maloney (D-NY) and Connie Morella (R-MD) introduced the United Nations Populations Fund Funding Act of 1999, which will restore U.S. contributions to the U.N. Population Fund. The bill funds $25 million in Fiscal Year 2000 and $35 million in FY2001.

In the States

Action on so-called "Partial Birth Abortion Bans":

2/23- The Colorado Senate defeated a bill that would have required women to "seek a doctor's opinion on whether the fetus is viable after 19 weeks of pregnancy."

2/24- In Maine, anti-abortion groups gathered enough signatures to place the so-called "partial-birth abortion" ban in front of the state legislature or on a statewide ballot. Doctors could lose their licenses or serve jail time for abortions banned by the bill.

3/10- A Missouri House committee approved a bill that would likely ban most abortions and allow physicians to be charged with "infanticide."

3/11- North Carolina state Senator, Austin Allran (R) introduced a bill that would allow felony charges to be brought against individuals who perform so-called "partial-birth" abortions.

3/16- Minnesota House Health and Human Services Policy committee members passed a bill that bans so-called "partial-birth" abortions, while excluding any protection to preserve a woman's health.

3/16- New Hampshire legislators have introduced a bill that would make the performance of so-called "partial-birth" abortions second-degree murder.

3/16- In Massachusetts, legislation has been introduced that would sentence physicians to three months to five years for performing so-called "partial-birth" abortions.

3/18- A Maryland Senate committee passed a bill that bans so-called "partial-birth" abortions.

Parental Consent/Notification:

3/10- In Texas, the state Senate passed two bills concerning parental involvement. One bill requires parental notification and the other requires parental consent.

3/16- A Minnesota House committee passed language to strengthen their parental consent law.

Waiting Periods/Informed Consent:

3/4- The Rhode Island Senate Judiciary Committee passed a bill that would create a 24-hour mandatory waiting period for abortions.

3/10- The Texas Senate passed a bill that would mandate a waiting period for minors.

3/12- The Arkansas House passed a 24-hour waiting period bill. The bill requires doctors to tell patients about the medical risks regarding abortion, as well as provide information on alternatives to abortion. The House also approved separate legislation requiring women to receive an ultrasound image of the fetus 24 hours before having an abortion.

3/17- A Kentucky House committee has moved forward on a measure mandating a 24-hour waiting period and requiring women to give informed consent prior to having an abortion.

Contraceptive Coverage:

2/23- An Illinois representative has introduced a bill that would require insurance companies, including Medicaid, that pay for Viagra to also pay for oral contraceptives. This is the first bill of its kind in the nation.

3/3- The North Carolina Senate unanimously approved a bill requiring small companies' employer-sponsored insurance plans to cover prescription birth control. Currently, 90 percent of the state's small businesses cover prescription contraceptives, compared to 71 percent of large businesses, according to the National Federation of Independent Businesses.

3/3- A Nebraska measure requiring insurance companies to cover birth control failed in a procedural vote. The bill had originally been killed by the all-male Banking committee the previous week, but had been pulled out of that committee when another Senator filed a motion to do so, stating that the committee vote represented a "disdainful, dismissive attitude towards women."

3/7- Virginia legislators passed a bill that provides family planning services to Medicaid beneficiaries for up to two years after giving birth. The Senate amended the bill to exclude abortion services or any services that "perform, assist, encourage or make direct referrals for abortions."

3/8- In California, the Assembly has given initial approval to a bill requiring insurers to cover contraceptives. Former Governor Pete Wilson (R) vetoed similar legislation three times, but it is expected to fare better under new Governor Gray Davis (D).

3/9- Washington Senate members passed a measure requiring health plans to cover contraceptives. The bill, which includes a "conscience clause" for employers who are opposed to contraception for religious reasons, will likely have a difficult time passing the House.

3/18- The Georgia Senate passed legislation requiring insurers to pay for prescription contraceptives, one week after the House passed the bill and sent it to the chamber.

Other State News:

2/22- The Arizona Senate preliminarily approved an informed consent bill that would require doctors to inform patients of the emotional and physical risks of abortion by telephone or in person. The bill must still receive final Senate approval.

2/23- An Arizona House committee passed a measure requiring the licensing of abortion clinics. This bill also requires doctors to submit fetal tissue to state labs to confirm fetal age.

2/25- Illinois legislators introduced a bill that would require abortion providers in the state to adhere to the abortion access laws of neighboring states. The Illinois Medical Society, among others, opposes such a law.

2/28- California Republicans elected a staunch abortion opponent to the position of state party chair. New chair John McGraw has previously stated that he would "withhold party money from Republican nominees who do not oppose… [so-called] 'partial-birth abortion'" and that "killing babies is the issue of the century."

3/1- Minnesota legislators introduced a bill, backed by the American College of Obstetricians and Gynecologists, that would repeal the state's abortion reporting law. The law went into effect April 1.

3/2- The Indiana Senate passed a bill that would require abortion clinics to follow the same equipment and staffing standards as outpatient surgical centers.

3/3- A Rhode Island House committee heard testimony on a bill that is modeled after the federal FACE law. This is the third year in a row that the measure has been introduced. The bill would allow individuals to sue "those who intimidate them and sets monetary damages they could collect."

3/10- An Indiana Senate committee has delayed its approval of a bill that would establish and fund a women's health office because of issues surrounding "sexuality and abortion." Conservatives would like language included in the bill that would keep the women's office from distributing information about contraceptives to minors or discussing abortion.

3/16- Minnesota House legislators have passed a bill out of committee that would amend the 1998 abortion data reporting law to include more detailed reporting.

3/17- In Florida, a Senate committee approved the "Choose Life" license plate, while a House panel passed a bill requiring any doctor's office that performs even one abortion per year to be registered as an abortion clinic.

3/17- Illinois House legislators failed, by one vote, to pass a bill that would ban Medicaid-funded abortions.

3/17- A Kentucky General Assembly committee passed a bill requiring abortion clinics to be regulated.

3/19- The Tennessee House Judiciary committee approved legislation to protect abortion clinic workers and patients, modeled after the federal FACE law.

In the Courts

2/22- The ACLU of Kentucky filed a suit that seeks to prevent a Kentucky waiting period law from taking effect. Lawyers from the ACLU argue that since there are only four abortion providers in the state, the waiting period law creates "an undue burden for women and violates their constitutional right to abortion."

3/1- California's Supreme Court has suspended the prosecution of Dr. Bruce Steir and asked for a review of the case. They want to know whether the charges are motivated by "anti-abortion politics." Dr. Steir is accused of murder and "conscious disregard" for failing to call for assistance after allegedly perforating a patient's uterus.

3/4- A federal judge in Louisiana struck down the state's ban on so-called "partial-birth abortion" procedures. U.S. District Judge Thomas Porteous stated that the "act's broad language seems to purposefully create confusion and ambiguity."

3/5- Anti-abortion individuals in Minnesota filed suit regarding a state law funding abortions through Medicaid.

3/8- The Supreme Court declined to hear a case regarding abortion clinic "buffer zones." This decision upholds an eight foot zone around clinics in which protesters can not demonstrate, but strikes down the "floating buffer zone."

3/17- An Alaska Superior Court judge ruled that the state must cover medically necessary abortions for Medicaid recipients if it offers poor pregnant women other types of health care.