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03-04-1997
STATE REPORTS - SOUTH DAKOTA: SENATE PASSES "PARTIAL-BIRTH" BAN
The SD Senate handily passed a bill to ban "partial-birth"
abortions on 2/27, making it the first state this year to pass a
ban on the procedure. SD becomes the third state to pass such a
ban, joining OH and MI, which both approved bans in '96. The
bill makes performing a "partial-birth" abortion a felony. Bill
co-sponsor/state Sen. Alan Aker (R): "We in South Dakota can lend
our voice to a national ban by overwhelmingly voting for this
today." According to opponents, however, a ban on the procedure
"would have no real-life effect" in SD, because "partial-birth"
abortions aren't currently performed in the state. State Sen.
Mel Olson (D): "There have been no third-trimester abortions done
in South Dakota. There have been no partial-birth abortions done
in South Dakota, nor are there likely to be." The Senate vote --
which was 33-0 -- nearly completes legislative action on the
bill, which now heads to pro-life Gov. Bill Janklow (R) "for his
decision" on whether to sign it into law. Janklow was honored in
1/97 by South Dakota for Life "for his strong record of opposing
abortion" (Mercer, RAPID CITY JOURNAL, 2/28).
DASCHLE IMPACT: Aker, who plans to seek the GOP Senate
nomination to challenge pro-choice Senate Min. Leader Tom Daschle
(D) in '98, "immediately framed" the 2/27 vote "as a rebuke of
... Daschle from his home state's legislature." Daschle worked
to uphold Pres. Clinton's veto of a federal ban on "partial-
birth" abortions in '96. Aker: "Sen. Daschle has led the effort
on behalf of a radicalized pro-abortion fringe to keep this
procedure legal. Every one of the state senators from his own
party just voted opposite of Sen. Daschle. He's not representing
South Dakota." On 2/26, Daschle issued a statement saying he
wants "to outlaw late-term abortions 'except in the rarest of
cases'" in the U.S.: "The key issue in that effort is the
definition of health, and I am working to write a clear, narrow,
constitutional definition." On 2/27, Daschle spokesperson Bob
Martin said Daschle "isn't ready yet to publicly release his
proposed definition of health": "They're in the middle of pretty
delicate negotiations. They're working on the language with both
sides." In other abortion-related action, the SD House on 2/27
gave "final approval" to a bill to require "at least one parent
or legal guardian" be notified when an "unmarried female under 18
seeks an abortion." The bill, which was passed 66-2, contains a
judicial bypass that allows a judge to waive the requirement "in
special circumstances" (RAPID CITY JOURNAL, 2/28).
The Abortion Report

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