SS SCS SB 2 -- Abortions

Sponsor:  Loudon

This substitute changes the laws regarding abortions.

PUBLIC FUNDS FOR ABORTIONS

The substitute prohibits the expenditure of public funds to
existing or proposed health and social services programs that
directly or indirectly subsidize abortion services.  An entity
that is affiliated with another entity that provides abortion
services may only receive public funds if the affiliated entity
is an independent affiliate.  Entities that provide counseling to
pregnant women and receive public funds may only provide
non-directive pregnancy counseling and may not display or
distribute material promoting abortion services.

Entities that receive public funds are required to maintain
records that demonstrate strict compliance with this section.  An
independent audit of these entities must be conducted at least
once every three years.  If the recipient of public funds is
affiliated with an entity that provides abortion services, an
audit must be conducted each year to ensure compliance.  The
substitute includes exceptions for reimbursement to entities that
provide services that are required under federal Medicaid
regulations and certain services required under the federal
Public Health Services Act.

ABORTION REGULATIONS

The definitions of "department" and "medical emergency" are added
to the laws regarding the regulation of abortions.  It specifies
that the term "next friend" as it relates to consent to abortion
for minors does not include another minor child or any person who
has a financial interest or personal gain from a minor's decision
to have an abortion.  A physician performing an abortion must
report on every procedure, providing information on the type of
procedure used; reasons the woman sought the abortion; and
whether the woman used any method of family planning.

A penalty provision is revised pertaining to the performance of
actions contrary to current law and the nonperformance of
required actions under current law.  The defense of performing or
not performing an action because of a medical emergency is
established.  Currently, a physician who performs an abortion and
does not have surgical privileges at a hospital that offers
obstetrical or gynecological care is guilty of a class B felony.
The substitute specifies that a physician who performs or induces
an abortion and does not have clinical privileges at a hospital
that provides obstetrical or gynecological care within 30 miles
of the location where the abortion is performed is guilty of a
class A misdemeanor.  The substitute prohibits a person from
intentionally causing, aiding, or assisting a minor to obtain an
abortion without the consent from a parent or a judicial decree.
Any person who is subject to the jurisdiction of the State of
Missouri and violates this provision will be civilly liable to
persons adversely affected by the action.  If civil liability is
established, a court may award damages, including compensation
for emotional injury, attorney fees, and court costs to any
person adversely affected.  However, damages may not be awarded
to any person who has committed rape or incest or has knowingly
allowed rape or incest to be committed against a minor who
obtains an abortion.

A person is not allowed to assert as a defense a claim that the
abortion was performed in accordance with the required consent of
the state or the place where the abortion was performed.  An
unemancipated minor is prohibited from having the capacity to
consent to any action in violation of the substitute or Section
188.028, RSMo.

A court may enjoin conduct in a violation of the substitute upon
a petition by the Attorney General, a prosecuting attorney, a
circuit attorney, or a person adversely affected or who may be
adversely affected.  In order for a court to enjoin any
violation, there must be a showing that the conduct has occurred
in the past and that it is not unreasonable to expect that it
will be repeated or that it is reasonably anticipated to occur in
the future.

An establishment that performs or induces second- or third-
trimester abortions or five or more first-trimester abortions per
month is added to the definition of "ambulatory surgical center"
for the purpose of regulating these centers.

ALTERNATIVES TO ABORTION SUPPORT FUND AND RESPECT LIFE COMMISSION

The substitute allows for a special license plate bearing the
words "Respect Life," with an image of a single red rose.  There
is no limit on the number of plates an individual may obtain, as
long as they either solely or jointly own the vehicle and pay the
$25 annual or $50 biennial registration fees.  The substitute
also establishes the Alternatives to Abortion Support Fund and
the Respect Life Commission.

Regarding the Alternatives to Abortion Support Fund, the
substitute:

(1)  Requires the State Treasurer to deposit into this fund
appropriations from the General Assembly and any amounts received
from general revenue or other sources;

(2)  Requires the amount in this fund to exceed $1 million before
more than half of the money credited to the fund plus all
investment earnings credited during the previous fiscal year can
be available for disbursement.  When the State Treasurer
certifies that assets in the fund exceed $1 million, all earnings
plus future credits from all sources will be available for
disbursement;

(3)  Prohibits funds from being distributed to any person or
entity that performs, induces, or refers for abortions; and

(4)  Promotes childbirth and supports alternatives to abortion by
grants or contracts.

Regarding the Respect Life Commission, the substitute:

(1)  Stipulates that the commission will consist of a number of
members equal to the number of congressional districts, to serve
four-year terms with the consent of the Senate;

(2)  Requires eligible persons to demonstrate an agreement with
the principles of respect for human life and the need to promote
childbirth;

(3)  Requires each member to serve without compensation, but
allows for the reimbursement of any expenses incurred;

(4)  Requires the commission to consult with state agencies,
commissions, boards, and public and private agencies to determine
the effectiveness and need for programs that promote human life;

(5)  Authorizes the commission to disburse funds from the
Alternatives to Abortion Support Fund;

(6)  Requires the commission to develop statewide educational and
public informational programs to promote awareness and identify
the problems and conditions that cause some women not to carry
their pregnancies to term;

(7)  Allows the commission to appoint an executive director,
responsible for the administrative operations of the commission
and to hire staff; and

(8)  Requires the commission to submit an annual report of its
activities by December 31 of each year to the President Pro Tem
of the Senate, the Speaker of the House of Representatives, and
the Governor.

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:21 pm