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H0309.................................................by HEALTH AND WELFARE ABORTION - Amends and adds to existing law to provide that state statutes, rules and constitutional provisions shall be interpreted to prefer live childbirth over abortion; and to delete language providing that public funds may be used to pay for abortions if two consulting physicians recommend that abortion is necessary to save the health of the mother. 02/21 House intro - 1st rdg - to printing 02/22 Rpt prt - to Health/Wel 03/01 Rpt out - rec d/p - to 2nd rdg 03/02 2nd rdg - to 3rd rdg 03/05 3rd rdg - PASSED - 52-16-2 AYES -- Barraclough(Barraclough), Barrett, Bedke, Bell, Bieter, Black, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Higgins, Hornbeck, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague, Mortensen, Moss, Moyle, Pearce, Pomeroy, Roberts, Sali, Schaefer, Shepherd, Smylie, Stevenson, Swan(Hansen), Tilman, Wood, Young, Mr. Speaker NAYS -- Boe, Bolz, Chase, Deal, Henbest, Jaquet, Jones, Meyer, Montgomery, Pischner, Ridinger, Robison, Sellman, Smith, Stone, Trail Absent and excused -- Raybould, Wheeler Floor Sponsor -- Loertscher Title apvd - to Senate 03/06 Senate intro - 1st rdg - to St Aff 03/20 Rpt out - rec d/p - to 2nd rdg 03/21 2nd rdg - to 3rd rdg 03/22 3rd rdg - PASSED - 20-3-0-12 AYES--Andreason, Branch, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Frasure, Geddes, Hawkins, Ipsen, King-Barrutia, Lee, Richardson, Risch, Sandy, Thorne, Wheeler, Williams NAYS--Ingram, Noh, Stegner Absent and excused -- None Present and excused--Boatright, Danielson, Deide, Dunklin, Goedde, Keough, Lodge, Schroeder, Sims, Sorensen, Stennett, Whitworth Floor Sponsor -- Davis Title apvd - to House 03/23 To enrol - rpt enrol - Sp signed 03/26 Pres signed - to Governor 03/31 Governor signed Session Law Chapter 273 Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 309 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO ABORTION; AMENDING CHAPTER 6, TITLE 18, IDAHO CODE, BY THE ADDI- 3 TION OF A NEW SECTION 18-601, IDAHO CODE, TO PROVIDE THAT STATE STATUTES, 4 RULES AND CONSTITUTIONAL PROVISIONS SHALL BE INTERPRETED TO PREFER LIVE 5 CHILDBIRTH OVER ABORTION; AMENDING SECTION 18-601, IDAHO CODE, TO REDESIG- 6 NATE THE SECTION; AND AMENDING SECTION 56-209c, IDAHO CODE, TO DELETE LAN- 7 GUAGE PROVIDING THAT PUBLIC FUNDS MAY BE USED TO PAY FOR ABORTIONS IF TWO 8 CONSULTING PHYSICIANS RECOMMEND THAT THE ABORTION IS NECESSARY TO SAVE THE 9 HEALTH OF THE MOTHER. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Chapter 6, Title 18, Idaho Code, be, and the same is 12 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 13 ignated as Section 18-601, Idaho Code, and to read as follows: 14 18-601. INTERPRETATION OF STATE STATUTES AND THE STATE CONSTITUTION. The 15 supreme court of the United States having held in the case of "Planned 16 Parenthood v. Casey" that the states have a "profound interest" in preserving 17 the life of preborn children, Idaho hereby expresses the fundamental impor- 18 tance of that "profound interest" and it is hereby declared to be the public 19 policy of this state that all state statutes, rules and constitutional provi- 20 sions shall be interpreted to prefer, by all legal means, live childbirth over 21 abortion. 22 SECTION 2. That Section 18-601, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 18-6012. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature finds: 25 (a) That children have a special place in society that the law should 26 reflect; 27 (b) That minors too often lack maturity and make choices that do not 28 include consideration of both immediate and long-term consequences; 29 (c) That the medical, emotional and psychological consequences of abor- 30 tion and childbirth are serious and can be lasting, particularly when the 31 patient is immature; 32 (d) That the capacity to become pregnant and the capacity for mature 33 judgment concerning the wisdom of bearing a child or of having an abortion 34 are not necessarily related; 35 (e) That parents, when aware that their daughter is pregnant or has had 36 an abortion are in the best position to ensure that she receives adequate 37 medical attention during her pregnancy or after her abortion; 38 (f) That except in rare cases, parents possess knowledge regarding their 39 child which is essential for a physician to exercise the best medical 40 judgment for that child; 41 (g) That when a minor is faced with the difficulties of an unplanned 2 1 pregnancy, the best interests of the minor are always served when there is 2 careful consideration of the rights of parents in rearing their child and 3 the unique counsel and nurturing environment that parents can provide; 4 (h) That informed consent is always necessary for making mature health 5 care decisions. 6 (2) It is the intent of the legislature in enacting section 18-609A, 7 Idaho Code, to further the following important and compelling state interests 8 recognized by the United States supreme court in: 9 (a) Protecting minors against their own immaturity; 10 (b) Preserving the integrity of the family unit; 11 (c) Defending the authority of parents to direct the rearing of children 12 who are members of their household; 13 (d) Providing a pregnant minor with the advice and support of a parent 14 during a decisional period; 15 (e) Providing for proper medical treatment and aftercare when the life or 16 physical health of the pregnant minor is at serious risk in the rare 17 instance of a sudden and unexpected medical emergency. 18 SECTION 3. That Section 56-209c, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 56-209c. DENIAL OF PAYMENT FOR ABORTIONS UNDER CERTAIN CONDITIONS. No 21 funds available to the department of health and welfare, by appropriation or 22 otherwise, shall be used to pay for abortions, unless it is the recommendation 23 of two (2) consulting physicians that an abortion is necessary to save the 24 lifeor healthof the mother, or unless the pregnancy is a result of rape or 25 incest as determined by the courts.
STATEMENT OF PURPOSE RS 10935 Federal Medicaid funds can be used to pay for abortions only in cases of rape, incest or when the mother’s life is at risk, pursuant to the Hyde Amendment. Currently, Idaho code section 56-209(c) provides for payment for abortions - solely from general funds - if the doctor receiving payment expresses any concern for the mother’s health. Idaho is one of only a handful of states that pay for such abortions. State payment for health abortions has risen significantly since 1994, and is expected to increase even more dramatically with the FDA’s approval of the RU-486 abortion regimen. Research demonstrates that the availability of such funding creates an incentive for women and girls to choose abortion, rather than give birth. This bill would bring Idaho into conformity with federal law regarding public funding for abortion, while also declaring the state’s general policy to be the encouragement of live childbirth over abortion. FISCAL IMPACT The state of Idaho has facilitated the ending of at least 199 lives through the use of state General Funds since 1994, at a cost of over $103,000.00. The dramatic increase in state payment for health abortions suggests that the proposed statutory changes would result in significantly greater General Fund savings in the years ahead. Assuming a 30% annual growth rate in the number of health abortions paid for by the state (a conservative estimate given the eligibility of RU-486 abortions for taxpayer subsidy) it is estimated that the state of Idaho will save approximately $413,170.18 over the next five years. Contact Name: David Ripley, Idaho Chooses Life Phone: 344-8709 Rep. Tom Loertscher STATEMENT OF PURPOSE/FISCAL NOTE H 309