State

Briefs

Bioethics in Law & Culture                                                                                                                                                                                                                                              Summer  2019        vol. 2  issue  3 

 

A summary of state legislation April 1, 2019 – June 30, 2019

Joe Kral, M.A.

Alabama

Abortion Prohibition:

April 17, 2019 – HB 314 passed a House Committee. The bill would prohibit all abortions and not prosecute post-abortive mothers. The bill now moves to the full House for consideration.

 

April 30, 2019 – The House passed HB 314, 74-3. The bill now moves to the Senate for consideration.

 

May 8, 2019 – The Senate Judiciary Committee amended HB 314 to include rape and incest exceptions. The bill now moves to the Senate Floor for consideration.

 

May 14, 2019 – The Senate removed the rape and incest exceptions and passed the bill. The bill now heads to Governor Kay Ivey’s desk for either her signature or veto.

 

May 15, 2019 – Governor Kay Ivey has signed HB 314.

 

May 24, 2019 – The ACLU and Planned Parenthood have filed suit to block enforcement of HB 314.

 

Born Alive Infant Protection Act:

May 21, 2019 – The Alabama House passed a Born Alive Infant Protection Act, 66-18. The bill would require abortionists to provide the same level of medical care to a child (at the same gestational age) who was born due to an attempted abortion or abortion. The bill now moves to the Senate for consideration.

 

Dismemberment Abortion Ban:

June 28, 2019 – The US Supreme Court denied certiori on Alabama’s Dismemberment Abortion Ban. This leaves the appellate court’s ruling in effect and the ban will not be enforced.

 

 

Arizona

Telemed Abortion Ban:

May 7, 2019 – Planned Parenthood filed suit to block enforcement of Arizona’s ban on telemed abortions.

 

Arkansas

18 Week Gestational Abortion Ban:

June 26, 2019 –The ACLU and Planned Parenthood filed suit against the law that prohibits the abortion of an unborn child that is at 18 weeks gestation and beyond.

 

Admitting Privileges to Local Hospital:

May 24, 2019 – Planned Parenthood dropped its case against an Arkansas law that mandates that an abortionist contract with a doctor that has admitting privileges at a local hospital.

 

Human Cloning and Human Embryo Destruction (Public Funding Prohibition):

April 1, 2019 – House concurs with Senate changes to HB 1399. The bill now moves to Governor Asa Hutchison’s desk for either his signature or veto. The bill would prohibit the use of public funds in the creation of human clones and also prohibits the use of public funds in the destruction of human embryos.

 

April 2, 2019 – HB 1399 was signed into law.

 

Waiting Period:

April 2, 2019 – The Arkansas House approved SB 278, 75-13. The bill would mandate a 72-waiting period prior to an abortion. The bill now heads to Gov. Hutchinson’s desk.

 

April 10, 2019 – SB 278 was signed into law.

 

California

Abortion Number for School ID:

April 10, 2019 – The California Assembly Education Committee passed AB 624. The bill mandates that an abortionist’s phone number be placed on the school ID card for every junior high, high school, college, university, and seminary student in the state.  The bill now moves to the Assembly Higher Education Committee for consideration.

 

Abortion Pill Mandate for University Health Centers:

April 5, 2019 – SB 24 was passed, 7-3, out of the Senate Health Committee. The bill would mandate that every health center of a state public university be able to dispense the abortion pill. The bill now moves to the Senate Education Committee for consideration.

 

April 25, 2019 – SB 24 has passed the Senate Education Committee and moves to the Senate Appropriations Committee for consideration.

 

May 21, 2019 – The Senate has passed SB 24 and now moves to the Assembly for consideration.

 

June 26, 2019 – SB 24 has passed the Assembly Higher Education Committee.

 

 

Florida

Parental Consent:

April 18, 2019 – HB 1335 passed, 69-44, in the Florida House. The bill would amend the existing parental notification law and require a parent to give consent to their minor daughter’s abortion. The bill moves to the Senate for consideration.

 

Georgia

Fetal Heartbeat Bill:

May 7, 2019 – Governor Brian Kemp signs HB 481 into law. The new law mandates that abortions cannot be performed on an unborn child who has a detectable heartbeat. This effectively bans abortion at the 6 week gestational mark. The ACLU has indicated they are likely to sue to block enforcement of the law.

 

June 28, 2019 – The ACLU has filed suit against the law.

 

Illinois

Abortion Until Birth:

May 26, 2019 – The Reproductive Health Act was amended onto SB 25 in a House Committee. This bill would allow abortions until birth and would rescind existing pro-life laws and further prohibit the passage of pro-life laws. The bill now moves to the House Floor for consideration.

 

May 28, 2019 – The House just passed SB 25. The bill now moves back to the Senate so that the changes that were made in the House can be concurred upon.

 

May 31, 2019 – SB 25 passed the legislature and is headed to Governor Pritzker’s desk for either his signature or veto.

 

June 12, 2019- Governor Pritzker signed SB 25.

 

Indiana

Dismemberment Abortion Ban:

April 2, 2019 – The Indiana Senate passed HB 1211, 38-10. The bill would prohibit the practice of dismemberment abortion on a living unborn child. The bill now heads to Governor Eric Holcomb for either his signature or veto.

 

April 25, 2019 – HB 1211 was signed into law.

 

April 25, 2019 – The ACLU filed suit to block enforcement of HB 1211.

 

June 28, 2019 – Us Federal District Judge Sarah Evans Barker blocked enforcement of Indiana’s new Dismemberment Abortion Ban. It was set to take effect July 1, 2019.

 

Fetal Disposition Law:

May 28, 2019 – The United States Supreme Court issued a ruling upholding Indiana’s requirement that those unborn children killed by abortion be humanely disposed of by burial or cremation.

 

Prenatal Non-Discrimination Law:

May 28, 2019 – The United States Supreme Court denied certoiri to the Prenatal Non-Discrimination Act. The Seventh Court of Appeals found the law to be unconstitutional. As a result, the law will not be enforced.

 

Iowa

Public Funding:

April 27, 2019 – The Iowa Legislature was able to pass a budget rider to the budget bill that defunds Planned Parenthood sex-ed classes. The budget bill now moves to Governor Kim Reynolds who will either sign the bill or veto it.

 

May 6, 2019 – Governor Kim Reynolds signed the budget bill which includes the provision defunding Planned Parenthood sex-ed programs.

 

May 15, 2019 – Planned Parenthood of the Heartland filed suit against Governor Kim Reynolds  regarding the defunding of their sex-ed programs.

 

May 28, 2019 – Iowa District Court Judge Joseph Seidlin blocked enforcement of the law while the trial proceeds.

 

Unborn Victims of Violence:

April 4, 2019 – The Unborn Victims of Violence Bill (SF 523) did not pass out of House committee. The bill would have recognized unborn children as the victims of crimes if it had passed and been enacted into law.

 

Kansas

Abortion Pill Reversal Bill:

April 22, 2019 - Governor Laura Kelly vetoed HB 2274. This bill would have mandated abortionists provide women who are undergoing a chemical abortion information on how the procedure can be reversed.

 

May 1, 2019 – The Senate voted to override Governor Kelly’s veto of HB 2274, 27-13. The bill will need to pass a House override in order to become law.

 

May 1, 2019 – The House failed to garner enough votes to override Governor Kelly’s veto.

 

Kentucky

Dismemberment Abortion Ban:

May 10, 2019 – US District Court Judge Joseph McKinley Jr. struck down the law that prohibits dismemberment abortion on a living unborn child. Governor Bevin said he will appeal the decision.

 

Ultrasound Law:

April 4, 2019 – The Sixth US Circuit Court of Appeals upheld the constitutionality of Kentucky’s 2017 ultrasound law, 2-1. The law mandates that the physician show and describe the ultrasound to the woman considering an abortion. The woman does not have to look or listen. The court rejected the argument that it was a form of forced speech imposed upon the abortionist, but rather necessary information for the woman to consider.

 

June 28, 2019 – The Sixth Court of Appeals issued an en banc ruling that upheld the constitutionality of the Kentucky ultrasound law.

 

Louisiana

Constitutional Amendment:

April 19, 2019 – HB 425 cleared a House Committee. The bill is a proposed amendment which seeks to amend the Louisiana Constitution to clearly state that the constitution does not recognize a right to abortion. The bill now moves to the House Floor for consideration.

 

April 23, 2019 – HB 425 passed the House, 78-10. It moves to the Senate for consideration.

 

May 7, 2019 – The Senate Judiciary A Committee passed HB 425. The bill now moves to the Senate Floor for consideration.

 

May 21, 2019 – The Senate passed HB 425, 31-4. The bill moves to the House again for some technical legislative matters before heading to the Secretary of State.

 

June 5, 2019 – The Love Life Amendment finally passed. It is expected to be on the November 2020 ballot.

 

Fetal Heartbeat Bill:

April 30, 2019 – The Senate Judiciary Committee passed SB 184, 5-2. The bill would prohibit abortions after a fetal heartbeat is detected, usually at the 6 week gestational mark. The bill moves to the full Senate for consideration.

 

May 6, 2019 – The Senate passed SB 184, 31-5-3. The bill now moves to the House for consideration.

 

May 15, 2019 – SB 184 passed a House committee. It now moves to the House Floor for consideration.

 

May 28, 2019 – SB 184 passed the House. It will now move to Governor Jon Bel Edwards who has indicated he would sign the bill.

 

Informed Consent:

April 23, 2019 – The Louisiana Senate passed a measure unanimously that would amend the current informed consent law. It would require abortionists also provide women information detailing their certification(s), medical malpractice insurance, and any disciplinary actions against the abortionist. The measure now moves to the House for consideration.

 

Ohio

Dismemberment Abortion Ban:

April 18, 2019 – US Federal Court Judge, Michael Barrett, blocked enforcement of Ohio’s Dismemberment Abortion Ban during the trial phase to determine the constitutionality of the law.

 

Fetal Heartbeat Bill:

April 9, 2019 – SB 23 has passed the House Health Committee, 11-7. The bill would prohibit an abortion of an unborn child when a heartbeat is detected, usually around the 6 week gestation mark. The bill now moves to the House Floor for consideration.

 

April 10, 2019 – SB 23 passed the House. The bill now moves to Governor Mike DeWine who has indicated that he will sign the bill.

 

April 11, 2019 – SB 23 was signed into law by Governor DeWine. Planned Parenthood has indicated they will sue to block enforcement.

 

May 15, 2019 – The ACLU and an abortion clinic filed suit to block enforcement of the Fetal Heartbeat Law.

 

IVF Embryos:

May 2, 2019 – The Eighth District Court of Appeals for Ohio ruled that IVF embryonic children are not persons, but rather property. This case stemmed from a situation in 2018 where a fertility clinic’s storage unit malfunctioned and thousands of IVF embryonic children lost their lives.

 

Oklahoma

Abortion Pill:

April 30, 2019 – The Oklahoma Supreme Court struck down a law that mandated that the abortion pill follow the 2000 FDA protocol. The law was made in response to the 2016 Obama Administration mandate that loosened the restrictions.

 

Abortion Reversal Bill:

April 16, 2019 – SB 614 passed the Oklahoma House. The bill mandates that abortionists provide women with information on reversing a chemical abortion. The bill now heads to Governor Kevin Stitt’s desk for either his signature or veto.

 

April 25, 2019 – SB 614 was signed into law and is scheduled to take effect November 1, 2019.

 

Maine

Assisted Suicide:

May 1, 2019 – The House Health and Human Services Committee passed a bill legalizing assisted suicide, 6-5. The bill now moves to the House Floor for consideration.

 

May 28, 2019 – LD 1313 passed the House. It now moves to the Senate for consideration.

 

May 30, 2019 – LD 1313 passed a preliminary vote by the Maine Senate. It still faces additional votes before it is sent to the Governor’s desk. Governor Janet Mills has not taken a position on the bill as of yet.

 

June 4, 2019 – LD 1313 was sent to Governor Janet Mills’ desk for either her signature or veto.

 

June 12, 2019 – Governor Mills signed LD 1313 into law.

 

Non-Physician Abortion:

June 10, 2019 – Governor Janet Mills signed LD 1261 into law, which would allow non-physicians such as nurses and physician assistants to perform abortions.

 

Publicly Funded Abortion:

April 9, 2019 – The Health Coverage, Insurance, and Financial Services Committee passed the LD 820, 8-5. The bill would mandate that Maine’s Medicaid program (MaineCare) provide coverage for abortion. The bill now moves to both the Senate and House Floors for consideration.

 

May 7, 2019 – LD 820 was passed by the Maine House. The bill still needs approval by the Senate.

 

May 14, 2019 – LD 820 was approved by the Maine Senate, 19-16. The bill now goes to Governor Janet Mills for either her signature or veto.

 

Michigan

Dismemberment Abortion Ban:

May 1, 2019 – The House Families, Children, and Seniors Committee voted to pass HB 4320 and HB 4321. The bills would prohibit the dismemberment of a living unborn child. Both bills move to the House Judiciary committee for consideration.

 

May 14, 2019 – The Senate passed both HB’s 4320 and 4321, 22-16.

 

May 14, 2019 – The House passed both HB’s 4320 and 4321. The bills now move to Governor Gretchen Whitmer’s desk for either her signature or veto.

 

Mississippi

Fetal Heartbeat Law:

May 24, 2019 – US District Court Judge Carlton Reeves, blocked enforcement of Mississippi’s Fetal Heartbeat Law.

 

Missouri:

Fetal Heartbeat Bill:

April 15, 2019 – The Senate Health and Pensions Committee passed HB 126. The bill would prohibit abortions when a fetal heartbeat is detected, usually at the 6 week gestation mark. The bill now heads to the Senate Floor for consideration.

 

May 16, 2019- The Missouri Senate has passed HB 126, 24-10. This bill also contains a Trigger Ban provision, which would outlaw all abortions when Roe is overturned.  The bill returns to the House so the House can concur with the changes made in the Senate.

 

May 17, 2019 – The House agreed to the changes and the bill now moves to Governor Parsons’ desk for either his signature or veto.

 

May 24, 2019 – Governor Parsons signed HB 126 into law.

 

Informed Consent:

April 10, 2019 – The Satanic Temple filed an appeal to the Eighth Circuit Court of Appeals regarding the recent decision by a lower court that dismissed their suit. The suit alleges that Missouri’s informed consent law is a violation of their religious beliefs.

 

Public Funding:

June 17, 2019 – A state judge found that the appropriations rider for the 2019 legislative session that prohibits Medicaid funds from going to Planned Parenthood unconstitutional.

 

Montana

Born Alive Infant Protection Act:

May 9, 2019 – Governor Steve Bullock vetoed SB 354. The bill sought to protect living infants who have survived an abortion or abortion attempt.

 

Non-Physician Abortion:

April 29, 2019 – In a 4-3 decision, the Montana Supreme Court blocked a Montana law that only allows licensed physicians and physician assistants to perform abortions while the case continues. This means nurses may perform abortions during the course of the trial.

 

Nebraska

Abortion Pill Reversal:

June 5, 2019 – Governor Pete Ricketts signed LB 209, which would mandate that abortionists inform women undergoing a chemical abortion that there is a possibility the procedure can be reversed.

 

New Jersey

Assisted Suicide:

April 12, 2019 – Governor Phil Murphy signed AB 1504. The law will allow patients to request assisted suicide. The new law is set to take effect on August 1, 2019.

 

New York

Surrogacy:

               June 11, 2019 – The New York Senate passed a bill that would legalize paid surrogacy.

 

Nevada

Assisted Suicide:

April 23, 2019 – SB 165 failed to meet the deadline to pass the Nevada Senate, as a result, the bill has been officially defeated. The bill would have legalized assisted suicide in the state of Nevada.

 

Informed Consent Repeal:

April 16, 2019 – SB 179 passed the Nevada Senate. The bill would essentially repeal pro-life provisions of the informed consent law. It also would repeal the law that mandates that the abortionist ensure that the woman is not being coerced into having an abortion. The bill now moves to the Assembly for consideration.

 

May 21, 2019 – SB 179 passed the Assembly. It goes back to the Senate so the Senate may concur with the changes.

 

May 31, 2019 –Governor Steve Sisolak signed SB 179.

 

North Carolina

Born Alive Infants Protection Act:

April 15, 2019 – SB 359 passed the Senate, 28-19. The bill would require abortionists to provide the same level of medical care to a child (at the same gestational age) who was born due to an attempted abortion or abortion. The bill now moves to the House for consideration.

 

April 16, 2019 – SB 359 passed the House, 65-46, the day after the Senate passed the bill. The bill now moves to Governor Roy Cooper who will either sign the bill into law or veto it.

 

April 18, 2019 – Governor Cooper has vetoed SB 359.

 

April 30, 2019 – The Senate voted to override Governor Cooper’s veto of SB 359. The bill, in order to become law, will still have to pass a veto override in the House.

 

June 5, 2019 – The House failed to override the Governor’s veto of SB 359.

 

North Dakota

Dismemberment Abortion Ban:

April 10, 2019 – Governor Doug Burgum signed HB 1546 into law. The new law prohibits an abortionist from performing a dismemberment abortion on a living unborn child.

 

Informed Consent:

June 25, 2019 – The Center for Reproductive Rights filed suit against North Dakota’s informed consent law that informs women that abortion terminates “the life of a whole, separate, unique, living human being.” Furthermore, the suit targets the abortion pill reversal information that is provided to women who are undergoing a chemical abortion.

 

Pennsylvania

Prenatal Non-Discrimination Act (Down Syndrome Protection Act):

May 14, 2019 – The Pennsylvania House of Representatives passed the Down Syndrome Protection Act, 117-76. The bill would prohibit an abortionist from knowingly performing an abortion on an unborn child with Down Syndrome. The bill now moves to the Senate for consideration.

 

Rhode Island:

Abortion Until Birth:

May 14, 2019 – The Senate Judiciary Committee voted down SB 152. The bill would have allowed abortion until birth.

 

June 13, 2019 – A new bill that was introduced was passed by the Senate Health and Human Services Committee, 8-2. It is identical to the last bill. It now moves to the Senate Floor for consideration.

 

June 19, 2019 – The Senate has passed the bill. It now moves to Gov. Gina Raimondo’s desk for either her signature or veto.

 

June 19, 2019 – Governor Raimondo signed the bill on the very same day it passed the Senate.

 

South Carolina

Fetal Heartbeat Bill:

April 2, 2019 – A subcommittee for the House Judiciary Committee advanced H 3020 a Fetal Heartbeat Bill. The bill would prohibit abortions on an unborn child once a fetal heartbeat is detected, usually 6 weeks gestation. The bill moves to the full committee for consideration.

 

April 2, 2019 – On the very same day, the House Judiciary Committee advanced H 3020, 15-7, to the House Floor.

 

April 24, 2019 – The House passed H 3020, 70-31. The bill now moves to the Senate for consideration.

 

Tennessee

Trigger Ban:

April 22, 2019 – SB 1257/HB 1029 cleared both the House and Senate Chambers. The bill would outlaw abortion once Roe is overturned. The bill now heads to Governor Bill Lee’s desk for either his signature or veto.

 

May 13, 2019 – Governor Bill Lee signed SB 1257/HB 1029. The law will take effect when Roe is overturned.

 

Texas

Born Alive Infant Protection Act:

April 9, 2019 – SB 23 passed the Texas Senate, 20-10. The bill would mandate that any child born from an abortion or attempted abortion must be given reasonable medical care to help preserve the life of the child. The bill now goes to the Senate Floor for consideration.

 

April 17, 2019 – HB 16 passed the Texas House, 94-2. The bill, like its Senate companion, would mandate that any child born from an abortion or attempted abortion must be given reasonable medical care to help preserve the life of the child. The bill now moves to the Senate for consideration.

 

June 14, 2019 – Governor Abbott signed HB 16 into law.

 

End of Life Care:

May 1, 2019 – The Senate Health and Human Service Committee passed SB 2089. This bill sought to change the “Ten Day Rule” when a dispute arises between a qualified patient (who is diagnosed as in the process of dying) and a physician who cares for the patient. The bill would change the ten day period to an indefinite period of time. Texas Alliance for Life, Texans for Life Coalition, and the Texas Catholic Conference oppose the bill since it appears that the bill, if enacted, would harm those vulnerable patients and force doctors to provide unnecessary and immoral care.

 

May 14, 2019 – SB 2089 was amended on the Senate Floor. The transfer provisions of the bill were completely stripped. The bill now only contains a provision that amends current law to where a medical ethics committee cannot use a person’s disability against them when making an affirmation of the doctor’s diagnosis. The bill now heads to the House for consideration.

 

May 17, 2019 – SB 2089 was passed out of the State Affairs Committee unamended.

 

May 19, 2018 – SB 2089 failed to make the deadline for Senate Bills to be considered on the House Floor. As a result, the bill can no longer move forward.

Informed Consent:

April 8, 2019 – SB 24 passed the Senate State Affairs Committee unanimously. The bill would amend the existing informed consent statute to mandate that the abortionist must hand a hard copy of the informational materials to the pregnant mother.

 

April 23, 2019 – SB 24 passed the Senate. It now moves to the House for consideration.

 

May 20, 2019 – SB 24 passed the Texas House. It now moves to Governor Greg Abbott’s desk for either his signature or veto.

 

June 7, 2019 – SB 24 was signed into law.

 

Prenatal Non-Discrimination Act:

May 7, 2019 – The Texas Senate passed SB 1033 which removes the current exceptions in the 20 week gestation ban law that allows for abortion in the cases of a non-viable fetus or a fetus with a sever and/or irreversible abnormality. The bill now moves to the House for consideration.

 

Prohibition on Counties/Cities Contracting with Abortion Providers:

April 2, 2019 – The Texas Senate passed SB 22. This bill would prohibit Texas cities and counties from contracting with abortion providers and their affiliates. The bill now moves to the Texas House for consideration.

 

May 20, 2019 – The Texas House passed SB 22. The bill must go back to the Senate so the Senate can concur with the one change in the bill. The amendment that was added merely states that this bill does not restrict a county or city from banning abortions.

 

May 24, 2019 – The Senate concurred with the House. The bill now heads to Governor Greg Abbott’s desk for either his signature or veto.

June 7, 2019 – Governor Abbott signed SB 22 into law. The law takes effect September 1, 2019.

 

 

 

Utah

Prenatal Pain Protection Act:

April 10, 2019 – Planned Parenthood Association of Utah filed suit in US District Court against Utah’s law that prohibits the abortion of an unborn child after 18 weeks gestation.

 

Vermont

Abortion Until Birth:

April 4, 2019 – The Vermont Senate passed Proposal 5, 28-2. This amendment would amend the state constitution to recognize the so-called ‘right’ to abortion until birth. The proposal moves to the House for consideration. Even if the proposal passes, it must be approved again in the 2022 legislative session and then garner a majority of Vermont voters during the following election cycle in order to become part of the constitution.

 

May 7, 2019 – The Vermont House passed Proposal 5, 106-38. The proposal must pass both chambers again in 2022, it must then be approved by a majority of Vermont voters.

 

May 10, 2019 – The Vermont Legislature gave final approval to H. 57. This bill would mandate that abortion is legally protected until birth and prohibits the restriction of abortion. The bill now moves to Governor Phil Scott’s desk for either his signature or veto.

 

May 21, 2019 – Governor Phil Scott indicated he will let H. 57 become law. It is unclear if he will either sign the law or allow the law to go into effect without his signature.

 

June 10, 2019 – Governor Phil Scott signed H. 57 into law.

 

Virginia

Non-Physician Abortion:

May 7, 2019 – Federal District Court Judge, Henry Hudson struck down Virginia’s physician only requirement when it comes to performing an abortion, but only for the first trimester.

 

May 15, 2019 – Federal District Judge Henry Hudson rescinded his order from last week thereby keeping Virginia’s law intact.

 

Wisconsin

Born Alive Infant Protection Act:

May 15, 2019 – The Wisconsin assembly passed a bill that would mandate that any child born from an abortion or attempted abortion must be given reasonable medical care to help preserve the life of the child. The bill now goes to the Senate for consideration.

 

June 5, 2019 – The bill passed the Wisconsin Senate and now moves to Governor Tony Evers’ desk.

 

June 21, 2019 – Governor Evers vetoed the bill.