2001 Legislation
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HOUSE BILL NO. 309 – Abortion, interpret law/public fnds

HOUSE BILL NO. 309

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN 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    life or health of the mother, or unless the pregnancy is a result of  rape  or
 25    incest as determined by the courts.

Statement of Purpose / Fiscal Impact


       
                       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