Actions taken on abortion-related legislation in Kansas, Missouri, New York, North Dakota, Oklahoma, Texas

May 1 2007

The following highlights recent news of state actions on abortion-related legislation.

• Kansas: The House on Wednesday voted 97-27 to approve a bill ( HB 2062) that would change the state's definition of a "person" to include an "unborn child" from the time of conception and allow prosecutors to charge anyone who attacks a pregnant woman with a separate crime against the fetus, the AP/Joplin Globe reports. Under current Kansas law, it is a felony to injure a pregnant woman, but the fetus is not also treated as a victim. Abortion-rights opponents support the measure, while abortion-rights advocates say the measure is a step toward banning abortions. The bill now moves to Gov. Kathleen Sebelius (D), who has not indicated whether she will sign or veto it (Hanna, AP/Joplin Globe , 4/25).
• Missouri: The House on Monday voted 101-48 to pass a measure ( HB 1055) that would designate facilities performing second- or third-trimester abortions or more than five first-trimester abortions each month as "ambulatory surgical centers," the AP/Joplin Globe reports. According to the AP/Globe , clinics with that designation are subject to increased regulation from the state Department of Health and Senior Services. The measure also would give public school districts the option of teaching an abstinence-only sex education course. School districts are required to include information about contraception in sex education classes under current law, according to the AP/Globe . The bill now goes to the Senate, where a similar measure ( SB 370) is pending (Lieb, AP/Joplin Globe , 4/23).
• New York: Gov. Eliot Spitzer (D) on Wednesday said he would introduce legislation aimed at updating the state law to protect the right to an abortion, the New York Times reports. Current state law, which was enacted in 1970, treats an abortion as a homicide but also contains exceptions that allow the procedure in many situations. The state also does not have a provision allowing abortions to protect a woman's health in the late stages of a pregnancy. According to the Times , Spitzer's proposal would decriminalize the procedure and make it a "matter of professional and medical discretion" (Hakim, New York Times , 4/26). The bill also would support the use of contraceptives and affirm abortion rights and public funding of reproductive health services, the Long Island Newsday reports (Madore, Long Island Newsday , 4/26). The Democratic-led Assembly and Republican-controlled Senate do not know details of the proposal, the Times reports ( New York Times , 4/26).
• North Dakota: The House and Senate on Monday voted 68-24 and 29-16, respectively, to pass a bill ( HB 1466) that would make abortion a felony in the state except in cases of rape or incest or when the woman's life is in danger, the AP/Inforum News reports. The bill only would take effect if the attorney general recommends and the Legislative Council agrees that "it is reasonably probable that [performing the abortion] would be upheld as constitutional." The Legislative Council is a 17-member elected panel of lawmakers that oversees the Legislature's business between sessions. The bill's exceptions for rape and incest were not included in the original House version but were added during negotiations with the Senate, Rep. Kim Koppelman (R) said ( AP/Inforum News , 4/23). Under the bill, anyone who performs an abortion could be fined $5,000 and imprisoned for up to five years ( AP/KXMB, 4/23). The bill now goes to Gov. John Hoeven (R) ( AP/Inforum News , 4/23).
• Oklahoma: The Senate on Wednesday by a 31-17 vote failed to override Gov. Brad Henry's (D) veto of legislation ( SB 714) that would ban the use of state or federal funds to perform abortions except for procedures to save the lives of pregnant women. The override failed by one vote, but advocates of the bill can attempt additional override votes during this session and the next (Greiner, NewsOK.com, 4/26). The measure would bar using state-supported hospitals, clinics and equipment to perform abortions. In addition, the bill would tighten the bypass provision of the state's informed consent law by changing the definition of "medical emergency," and it would make all state employees ineligible to perform an abortion except to save the life of the woman. The measure is "flawed in that it does not include exemptions for cases of incest and rape" and that "means many victims of rape and incest have no options but to carry a fetus to term, no matter how horrific and violent the circumstances," Henry said, adding that he shares the "concerns of a majority of medical experts who believe this bill would severely compromise health care in our state by placing undue restrictions on the sacred relationship between doctor and patient" ( Kaiser Daily Women's Health Report, 4/24). Sen. Charlie Laster (D), who previously supported the bill, voted against the override. Laster released a statement after his vote saying, "I am pro-life, and I have consistently voted for pro-life legislation. This bill, however, holds poorer Oklahomans to a different standard than everyone else, and I can't support that." Henry in a statement said, "This is a very difficult and very emotional issue, and I know each senator did what he or she believes is best for the state of Oklahoma." Henry added, "No one makes decisions of this nature lightly, but given the flaws in the legislation, I believe there was really no other course of action" (NewsOK.com, 4/26).
• Texas: The Senate on Thursday passed a bill ( SB 785) that would require abortion providers to fill out forms that include information about the physician, the patient and the procedure, the Houston Chronicle reports ( Houston Chronicle , 4/26). The measure would require physicians to determine if women seeking abortions are being coerced into having the procedures, and, if appropriate, the doctor would have to provide information on women's shelters. Doctors also would be required to provide monthly reports on the types of abortions preformed, gestation periods and information about complications. Physicians who fail to comply or provide false information could be charged with a Class C misdemeanor, according to the bill. In addition, women would be able to voluntarily provide information about their age, marital status, age of the father and reasons for the abortion, as well as the number of previous miscarriages, abortions and live births. According to the Dallas Morning News, the bill, sponsored by Sen. Florence Shapiro (R), was amended to make it voluntary rather than mandatory for women to participate in the report. The measure also would require the Texas Supreme Court to annually report the number of minors seeking judicial bypasses to the state's parental consent requirement and the result of those requests (Hoppe, Dallas Morning News , 4/26).