HB 4 -- Abortion Regulations and Services for Minors

Sponsor:  Harris (110)

PUBLIC FUNDS

This bill 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
can only receive public funds if the affiliated entity is an
independent affiliate.

Entities that provide counseling to pregnant women and receive
public funds can only provide non-directive pregnancy counseling
and cannot 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 bill 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.

PREGNANCY RESOURCE CENTERS

The bill allows a tax credit for contributions to support
pregnancy resource centers.  The credit is for 50% of the
contribution, but cannot exceed $50,000 per year.  Any credit
that cannot be claimed in the taxable year of the contribution
can be carried over the next four years until the credit has been
claimed.  No more than a total of $2 million can be claimed by
all taxpayers in credits in any one year.  A pregnancy resource
center is a non-residential facility that provides assistance
designed to support women and encourage birth over abortion.  The
center must be tax exempt, must provide direct person-to-person
counseling at no cost, and cannot provide abortion referrals.

ABORTION REGULATIONS

The bill 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 who performs an abortion and does not have clinical
privileges to provide obstetrical or gynecological care at a
hospital within 30 miles of the location where the abortion is
performed is guilty of a class A misdemeanor.  Currently, it is a
class B felony.

The bill also 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 can award damages, including compensation for emotional
injury, attorney fees, and court costs to any person adversely
affected.  However, damages cannot be awarded to any person who
engages or consents to another person engaging in a sexual act
with 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.  The
bill also prohibits an unemancipated minor from having the
capacity to consent to any action in violation of the bill or
Section 188.028, RSMo.

A court can enjoin conduct in violation of the bill 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, the bill requires that 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.

ALTERNATIVES TO ABORTION SERVICES

The Missouri Alternatives to Abortion Services Program and the
Missouri Alternatives to Abortion Public Awareness Program are
established to provide services or counseling to pregnant women
and assistance to women in caring for their children or placing
them up for adoption.  Counseling and services are available to a
woman during her pregnancy and for one year after the birth of
her child.

The department or departments to which the programs are assigned
are required to develop an advertising campaign publicizing
alternatives to abortion and to prioritize federal, public, and
private moneys so that they are used first to fund these
programs.  These programs and their funds will not be used to
perform, induce, or assist in abortions.

The bill contains an emergency clause.

Missouri House of Representatives
93rd General Assembly, 1st Special Session
Last Updated September 19, 2005 at 2:44 pm