H309

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