Colo., Fla. Ga., Idaho, N.H. Consider Abortion Bills

March 18, 2011 — The following summarizes recent state action on abortion-related legislation.

~ Colorado: A bipartisan bill (HB 1256) that would have made it a crime to kill a fetus has been tabled because key players in the debate on the issue failed to reach a consensus on the legislation, the Denver Post reports. Supporters of the legislation often referred to a case where a pregnant woman was struck by a hit-and-run driver. Doctors were able to deliver the woman's son, but he did not live. Proponents noted that unless state law was changed, no criminal charges could be filed for the death. According to the Post, "the measure initially raised eyebrows in both sides of the abortion camp." State Rep. Mark Waller (R) said, "This bill was never intended to move the abortion debate in one direction or the other. I only want to criminalize horrible acts committed against women and their unborn children." Sen. Pat Steadman (D), the bill's sponsor in the upper chamber, said "this bill can't move forward is because the House Majority is catering to the right-fringe of their base. The losers in this case are public safety and the victims of terrible crimes" (Bartels, Denver Post, 3/16).

~ Florida: A House subcommittee voted 10-5, along party lines, on Wednesday to approve a bill that would prohibit certain insurers from offering abortion coverage through state-based insurance exchanges established under the federal health reform law (PL 111-148), the St. Petersburg Times reports. However, the legislation would not apply to abortion coverage for cases of rape, incest or when a woman's life is in danger. Former Gov. Charlie Crist (I) vetoed similar legislation in 2010. In addition, the Senate Transportation Committee on Wednesday approved a bill that would direct revenue generated from the sales of "Choose Life" license plates directly to Choose Life Inc., rather than to counties that are part of the program as is currently the case. Under the measure, Choose Life would be able to allocate the funds to nongovernmental, not-for-profit organizations that assist pregnant women planning for adoption. According to the Tribune, the law currently bans the license plate fees from being distributed to agencies "associated with abortion activities" (Sanders, St. Petersburg Times, 3/17).

~ Georgia: The state Senate on Wednesday approved a bill (SB 210), sponsored by state Sen. Barry Loudermilk (R), that would allow women seeking abortion services and/or members of their families to sue abortion providers if they do not follow a series of state-required actions, such as notifying the parent of a minor seeking an abortion or performing an ultrasound on a woman prior to the procedure, the Atlanta Journal-Constitution reports. The bill was one of two abortion-related measures that were introduced by Loudermilk and recently assigned to the Senate Rules Committee. The committee failed to advance the other bill, which would have required abortions only to be performed at hospitals (Badertscher/Quinn, Atlanta Journal-Constitution, 3/16).

~ Idaho: The Senate State Affairs Committee on Wednesday voted 7-2 to approve a bill (SB 1148) that would prohibit abortion after 20 weeks gestation, the AP/Idaho Statesman reports. Under the measure, abortion would be prohibited except if the pregnant woman's life is at risk or she risks "substantial and irreversible physical impairment," or if the procedure is necessary to save the life of another fetus. The measure now proceeds to the full Senate for further consideration (Miller, AP/Idaho Statesman, 3/16).

~ New Hampshire: The Republican-controlled House on Wednesday voted 256-102 to approve legislation (HB 329) that would reinstate a law requiring at least one parent to be notified at least 48 hours before a minor could receive an abortion, the AP/Foster's Daily Democrat reports. The bill would exempt parental notification in cases where a delay could cause serious risk of death or harm to a major bodily function. Girls who cannot obtain parental consent must obtain permission from a judge. Four years ago, the Democratic-led state legislature repealed the law, which was never enforced, with the support of former Gov. John Lynch (D). The measure now proceeds to the full Senate for further consideration (AP/Foster's Daily Democrat, 3/16).