NAF's Report on Federal and State Action on Abortion
Issues
April, 1999
Federal Legislation
3/26- The Child Custody Protection Act or "Teen Endangerment" Act was reintroduced in both Houses of Congress. S. 611 is sponsored by Senator Spencer Abraham (R-MI) and H.R. 1218 is sponsored by Representatives Ileana Ros-Lehtinen (R-FL) and James Barcia (D-MI). Both bills would make it a federal misdemeanor to transport a minor across state lines to avoid a state's parental involvement laws. 4/13- The House International Relations Committee restored funding for the United Nations Population Fund (UNFPA) in the Foreign Relations Authorization Act of 1999. The UNFPA funds family planning and related services in developing countries. The U.S. Congress did not appropriate funds for this program for Fiscal Year 1999.4/21- During House Judiciary Committee consideration of bankruptcy reform legislation, Representative Jerrold Nadler (D-NY) introduced an amendment that would make Freedom of Access to Clinic Entrances Act fines non-dischargeable in the Bankruptcy Code. Senator Chuck Schumer (D-NY) introduced a similar amendment in the Senate Judiciary Committee. Both amendments were defeated. Representative Nadler and Senator Schumer have agreed to offer these amendments during floor debate of this legislation. Senator Bob Smith (R-NH) has prepared a counter-amendment to the Nadler and Schumer amendments, which would make malpractice fines for abortion providers non-dischargeable in the Bankruptcy Code. He did not offer this amendment in committee, but may offer it on the floor.
In the States
Action on so-called "Partial Birth Abortion Bans":
3/24- The New York Senate passed a bill that would ban so-called "partial birth abortions" in the state.
3/29- A Senate committee in Missouri rejected legislation that would have labeled so-called "partial birth abortion" as infanticide. Anti-choice Senators then filed a discharge petition, a procedure that had not been used in 20 years, and had the bill removed from the committee for floor consideration. The Speaker sent the bill back to the committee and asked them to reconsider their vote. The committee met again and passed the legislation out of committee. The full Senate has not yet voted on this legislation.
3/30- In Minnesota, the so-called "partial birth abortion" ban bill was amended in order to allow an exception to preserve the physical health of the woman. The bill has passed the House and is awaiting action in the Senate.
3/31- The Kansas House passed legislation that would revise the law banning so-called "partial birth abortions" in response to a report written by the Health Department. The report showed an increase in so-called "partial birth abortions" since the current law took effect. Anti-choice legislators believe that the increase in so-called "partial birth abortions" is due to the mental health exception, so they removed this exception.
4/9- The Maryland House of Delegates defeated a bill that would have banned so-called "partial birth abortions."
4/13- The Florida Senate defeated a measure that would ban so-called "partial birth abortions," effectively ending its chances for passage during this session.
4/19- A proposal to ban so-called "partial birth abortions" in Maine will likely be decided on a referendum in the fall, as the state legislature is expected to defeat related legislation this session.
4/30- Montana Governor Marc Racicot (R) signed into law a ban on so-called "partial-birth abortions." The state's first ban was overturned as unconstitutional. The new law "tries to remedy the vagueness problem [of the first law] by including a detailed description of the procedure."
Parental Consent/Notification:
3/26- In Kansas, the House of Representatives passed a bill prohibiting doctors from performing abortions on minors without the permission of one parent or a district court judge. Current Kansas law only requires the minor to notify one parent that she is going to have an abortion.
4/12- The Oklahoma House passed an amendment to unrelated legislation that would require parental notification for minors seeking abortions. The bill is headed for a House-Senate conference committee.
4/30- In Florida, the legislature passed a parental notification bill that is expected to be signed by Governor Jeb Bush (R).
Waiting Periods/Informed Consent:
4/2- An Arkansas Senate committee rejected a bill that would have required an ultrasound and a 24-hour waiting period for women wanting abortions.
Contraceptive Coverage:
4/8- North Carolina House members decided to delay a final vote on legislation that would require insurers to cover prescription contraceptives. The bill makes exceptions for coverage of emergency contraception and mifepristone. Another section of the legislation exempts "religious employers who do not receive public funding" from providing contraceptive coverage.
4/2- A Louisiana Representative has introduced legislation that would require private insurance companies to cover any FDA-approved prescription contraceptive drug or device.
4/12- The California Senate passed legislation that would require insurers who pay for prescription drugs to cover contraceptives. Governor Gray Davis (D) has promised to sign the bill when it reaches his desk.
4/12- The Nevada Assembly approved a bill that would require insurance companies to cover "any type of birth control." Religious organizations would be exempt from this requirement.
Other State News:
3/25- The Tennessee House passed a bill that would give abortion clinics the "same protections from arson and vandalism as churches." The bill raises the penalty for damaging an abortion clinic from a Class C felony to Class B and increases the maximum fine from $10,000 to $25,000.
4/12- In Oklahoma, both the House and Senate passed abortion provider regulations as amendments to unrelated bills. The Senate amended a substance abuse bill that would hold physicians liable for any "future medical costs related to abortion" if the abortion is performed on a minor without her parents' consent. The amendment also included new requirements for anesthesia administration during abortions and emergency equipment availability in abortion clinics. House members added an amendment that would require parental notification for minors.
4/12- Nevada's only proposed abortion bill, one that would require doctors to inform women about studies that link breast cancer with abortion, was defeated.
4/12- The Indiana House passed a bill that would create a "Choose Life" license plate to raise money for crisis pregnancy centers and the Indiana Right to Life Committee.
4/21- Louisiana Representatives passed legislation that would require abortion clinics to follow the same safety inspection standards as ambulatory surgical centers.
4/22- The Minnesota House attached a number of abortion and family planning related riders to its spending bill. These riders would cut family planning assistance and reallocate funds. Governor Jesse Ventura (Reform) opposes the inclusion of abortion restrictions on spending bills.
4/26- The Louisiana Senate approved a bill that would allow an "unborn child… to sue for pain and suffering in wrongful-death cases." SB225 is not supported by either the Louisiana Hospital Association or the Louisiana State Medical Society. The bill is now headed to the House.
4/28- A Louisiana bill that would provide a "conscience clause" to pharmacists who have "ethical and moral dilemmas" about filling prescriptions for emergency contraception was defeated in committee.
4/30- The Florida legislature passed a bill that establishes "Choose Life" license plates. Some of the proceeds from the license plates will go to crisis pregnancy centers and other agencies that support adoption. The legislature passed similar legislation last year, but that bill was vetoed by then-Governor Lawton Chiles (D). Governor Jeb Bush (R) has promised to sign the bill this year.
In the Courts
3/29- A jury in Massachusetts cleared the landlord of an abortion clinic of liability in a 1994 attack on a clinic security guard. The court found that the clinic and the landlord were not negligent for not having a uniformed police officer on duty as the lease stipulated.4/2- The Ohio judge who allegedly sentenced a pregnant woman to jail in order to prevent her from having an abortion was cleared of any wrongdoing. Wayne County Common Pleas Judge Mark Wiest ruled that though "[Judge Patricia] Cleary's action may have exceeded her authority… she had legal jurisdiction."
4/19- Federal appeals court judges heard arguments in two cases involving a ban on so-called "partial-birth abortions." The lawsuits were filed regarding the Arkansas and Nebraska laws that were overturned in federal district court.
4/23- The Second Circuit Court of Appeals in Louisiana overturned a federal court order that kept a woman from having an abortion after her sexual partner filed suit.
4/28- The Pennsylvania Supreme Court is hearing arguments in the case of a woman who transported a minor across state lines for an abortion. This case provided an impetus for anti-choice legislators in the U.S. Congress to introduce the Child Custody Protection Act last year, and reintroduce the bill this year.
