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Kaiser Daily Women's Health Policy
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State Politics & Policy | Various State Legislatures To Consider Abortion-Related Bills in 2005 Sessions
[Jan 11, 2005]

      Several newspapers examined states' 2005 legislative agendas, including abortion-related bills that might appear in the new session, some of which are summarized below.

  • Arizona: Among various issues facing Arizona lawmakers in the 2005 session is the "informed consent" law that would require women seeking an abortion to wait for 24 hours before having the procedure, according to the Associated Press. Although Gov. Janet Napolitano (D) vetoed a similar bill last year -- citing privacy rights, among other concerns -- social conservatives said they are working on changes and are expected to try to pass the legislation again (Davenport, Associated Press, 1/8).

  • Arkansas: State Rep. Jeremy Hutchinson (R) has filed a bill that would require parental consent for mentally incompetent women and girls under age 18 to undergo abortion, the Arkansas News Bureau reports. The bill would allow for exceptions in cases of incest or when pregnancy endangers the life of the woman (Arkansas News Bureau, 1/4). If a woman or girl does not wish to obtain consent from a parent or court-appointed guardian, a judge would be required to hold a hearing to determine if the woman is mature enough to make her own decision about abortion and bypass the parental consent requirement, the Associated Press reports. Under the measure, violation of the law would constitute a misdemeanor and could result in civil action from the parent or guardian whose consent was required (Associated Press, 1/10).

  • California: Gov. Arnold Schwarzenegger's (R) possible call for a fall vote on ballot measures has spurred groups to prepare for "bitter ideological fights over abortion," among other issues, the Los Angeles Times reports (Salladay, Los Angeles Times, 1/8). Antiabortion advocates are expected to propose a measure that would require parental notification for minors before they can undergo abortion, the San Jose Mercury News reports (Nissenbaum, San Jose Mercury News, 1/8). Antiabortion advocates said they have collected more than 33% of the required signatures to put the initiative on the ballot (Los Angeles Times, 1/8).

  • Georgia: Because both the state Legislature and governor's office are controlled by Republicans this year, approval on several conservative measures -- including a 24-hour waiting period requirement for women seeking abortion -- is "likely," the Atlanta Journal-Constitution reports (Galloway, Atlanta Journal-Constitution, 1/9). The Woman's Right to Know Act would require a 24-hour waiting period before a woman could receive an abortion. In addition, providers would be required to tell women seeking abortion of the medical risks associated with the procedure and the estimated gestational age of their fetuses. Women seeking abortion also would be offered additional information on fetal development, fetal pain and alternatives to abortion. The bill also likely would include an exemption if a woman's health is endangered (Kaiser Daily Reproductive Health Report, 12/14/04). Some Republican legislators also have promised to introduce a parental notification bill for minors seeking an abortion (Campos, Atlanta Journal-Constitution, 1/9). The Parental Notification for Minors Seeking Abortion Act would require a parent or guardian to be notified before a girl under age 18 could undergo an abortion. Current law requires an adult to sign a statement that he or she has been notified of a minor's intended abortion or accompany the minor to the procedure. However, the adult is not required to be the parent or guardian of the minor (Kaiser Daily Reproductive Health Report, 12/14/04).

  • Maryland: Maryland lawmakers this session are expected to introduce two bills that would "encourage" human embryonic stem cell research in the state, the Washington Post reports (Washington Post, 1/9). The bills -- to be sponsored by state Sen. Paula Hollinger (D) and state Del. Samuel Rosenberg (D) -- would provide a legal framework for conducting human embryonic stem cell research and authorize funding for the research, the AP/Washington Times reports (Parker, AP/Washington Times, 1/9). The measures could provoke opposition from antiabortion legislators who equate the research with the "destruction of human life," the Washington Post reports (Snyder, Washington Post, 1/9). Supporters believe the legislation is necessary for the state to not "lose its edge in the competitive field of biotechnology," according to the AP/Times (AP/Washington Times, 1/9).

  • Tennessee: State Republicans say they will use their majority in the Legislature to "demand" restrictions on abortion rights in the upcoming session, which begins Jan. 11, the AP/WHNT-TV reports. Although legislators might push for a constitutional amendment that would specify that the state constitution does not protect a woman's right to abortion, many observers believe passage of such a measure would be difficult, in part because a similar effort stalled in the state House in 2004 (AP/WHNT-TV, 1/10).

  • Virginia: State Legislators are expected to propose additional restrictions on abortion rights during the 2005 session, the Washington Post reports (Washington Post, 1/9). Lawmakers are expected to introduce legislation on fetal pain, emergency contraception, abortion clinic building codes, conscience clauses for pharmacists who refuse to fill birth control prescriptions, funding bans for Planned Parenthood Federation of America and the definition of contraception, the Richmond Times-Dispatch reports (Smith, Richmond Times-Dispatch, 1/9). The fetal pain measure would require doctors to anesthetize any fetus at 20 weeks gestation or beyond before performing an abortion, a measure that opponents say could endanger the health of the pregnant woman, the Washington Post reports. The abortion clinic measure would attempt to increase health standards in order to make the clinics comply with hospital standards. House and Senate Democrats said the legislation is a "veiled attempt to restrict access to abortions" and could cause some clinics to go out of business (Jenkins, Washington Post, 1/11). State Del. Robert Marshall (R) -- who has "routinely" filed antiabortion legislation during past sessions -- said he plans to submit such legislation this year as well. He intends to propose bills that would increase the regulation of abortion clinics, penalize groups that sell tissue from aborted fetuses and investigate whether abortion clinics are sidestepping parental consent laws by performing menstrual regulation procedures on girls to determine pregnancy instead of conducting standard pregnancy tests, according to the Times-Dispatch (Richmond Times-Dispatch, 1/9).

For current women's health policy news, visit the National Partnership for Women & Families' website.


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