HCS HB 716 -- SEXUAL EDUCATION AND ABORTIONS

SPONSOR:  Davis

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Family Services by a vote of 5 to 3.

This substitute changes the laws regarding sexual education
instruction in public schools and abortions.

SEXUAL EDUCATION

Public school course materials and instruction on sexuality and
sexually transmitted diseases must be presented to students using
medically factual information about the possible side effects of
contraception or in accordance with the federal abstinence
education law.  The information should provide the personal,
physical, emotional, financial, and psychological risks and
consequences of premarital and extramarital sexual activity; the
benefits of a monogamous heterosexual marriage; and the
scientific consequences of drug and alcohol abuse on an unborn
child.  Charter schools are allowed to determine the policies and
the appropriateness of how to present the materials and
instruction.  School district or charter school personnel or
agents are prohibited from providing, permitting, sponsoring, or
furnishing abortion services, materials, or instruction to
students if that person is a provider of abortion services.

ABORTIONS

The substitute:

(1)  Defines "medical emergency" as a condition which, on the
basis of a physician's good-faith clinical judgment, so
complicates the medical condition of a pregnant woman as to
necessitate the immediate abortion of her pregnancy to avert the
death of the pregnant woman or for which delay will create a
serious risk of substantial and irreversible impairment of a
major bodily function of the pregnant woman;

(2)  Changes the penalties relating to abortion by including
penalties for a person who knowingly induces or aids in the
inducing of an abortion.  Currently, there are penalties for any
person who knowingly performs or aids in the performance of any
abortion;

(3)  Provides for an affirmative medical emergency defense for
violations of any abortion provision;

(4)  Establishes the Missouri Alternatives to Abortion Services
Program to provide services or counseling to pregnant women and
assistance to mothers 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 substitute also establishes the Missouri
Alternatives to Abortion Public Awareness Program which requires
the department or departments administering the program 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.  The department
or departments administering the programs may contract with
public or private agencies to provide services or counseling.
These programs and their funds will not be used to perform,
induce, or assist in abortions; and

(5)  Changes the definition of "ambulatory surgical center" in
Section 197.200, RSMo, to include any establishment operated for
th-e purpose of performing or inducing any second or third
trimester abortions or which performs at least five or more first
trimester abortions per month.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Less than
$130,306 in FY 2008, Less than $136,797 in FY 2009, and Less than
$137,901 in FY 2010.  No impact on Other State Funds in FY 2008,
FY 2009, and FY 2010.

PROPONENTS:  Supporters say that the bill provides better
protection for children and encourages better morals, cultural
values, and virtues by re-framing the method by which materials
about sexuality are presented.  It does not prohibit schools from
providing information and discussing contraception and abortion
but does ensure that equal time will be given on abstinence and
abortion education.

Testifying for the bill were Representative Davis; Missouri
Family Network; Missouri Baptist Convention, Christian Life
Commission; Americans United for Life; Campaign Life Missouri;
and Missouri Catholic Conference.

OPPONENTS:  Those who oppose the bill say that it does not permit
adequate education about contraception and abortion by limiting
the material that can be used and discussed; has language that is
confusing for school boards to interpret that will weaken their
ability to make education about sexuality comprehensive and not
favor abstinence only; and targets Planned Parenthood.

Testifying against the bill were Missouri National Education
Association; Missouri School Boards' Association; NARAL
Pro-Choice Missouri; Kathy Peterson; Reverend Rebecca Turner,
Missouri Religious Coalition for Reproductive Choice; Missouri
Family Health Council; American Civil Liberties Union of Eastern
Missouri; Viannella Halsall, Planned Parenthood-Kansas City; and
Planned Parenthood Affiliates in Missouri.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:20 am