Missouri Senate

Perfected

SECTION 33.900 - This act prohibits the expenditure of public funds to existing or proposed health and social services programs that directly or indirectly subsidize abortion services. An entity that is affiliated with another entity that provides abortion services may only receive public funds if the affiliated entity is an independent affiliate. Entities that provide counseling to pregnant women and receive public funds may only provide non-directive pregnancy counseling and may not display or distribute material promoting abortion services.

This act also requires entities that receive public funds to maintain records that demonstrate strict compliance. An independent audit of these entities must be conducted at least once every three years. If the recipient of public funds is affiliated with an entity that provides abortion services, an audit must be conducted each year to ensure compliance. The act includes exceptions for reimbursement to entities that provide services that are required under federal Medicaid regulations and certain services required under the federal family planning program.

SECTIONS 135.630 AND 135.631 - This act allows a tax credit for contributions to support pregnancy resource centers. The credit is for 50% of the contribution, cannot exceed $50,000 per year, and is not refundable, but can be carried forward. No more than a total of $2 million may be claimed in credits in any one year. A taxpayer may only be permitted to redeem the tax credit provided in this act if the director of revenue has reallocated other state tax credits to the tax credit created in this act. A pregnancy resource center is a non-residential facility that provides assistance designed to support women and encourage birth over abortion. The center must be tax exempt, must provide direct person-to-person counseling at no cost, and cannot provide abortion referrals. This section shall apply to all tax years ending on or after December 31, 2008.

SECTION 160.068 - This act disallows any provider of abortion services from providing sex education or sex education materials to students in any public elementary or secondary education institution in this state.

SECTION 188.010 - Under this act, it is noted that the intention of the general assembly of the state of Missouri is to recognize and affirm the right to life of all humans whether in utero or not, to protect maternal health, to encourage childbirth over abortion, and to support alternatives to abortion.

SECTION 188.015 - Also, the definitions for "alternatives to abortion agency", "alternatives to abortion services", "commission," "department" and "medical emergency" were added in the chapter regulating abortions.

SECTION 188.025 - Current law provides that every abortion performed at sixteen weeks gestational age or later shall be performed in a hospital. This act provides that no abortion shall be performed or induced except in a physician's office, outpatient clinic, ambulatory surgical center or hospital.

SECTION 188.031 - This act also provides, as to a minor's consent for an abortion, that the term "next friend" shall not include any persons or entities who have a financial interest or potential gain from the proposed abortion, or any employee of or volunteer for such entity or person.

SECTIONS 188.052 AND 188.055 - This act details information to be included in physician abortion reports.

Currently, Section 188.052, RSMo, requires a physician to submit an abortion report for each abortion performed. New language specifies that the report shall include, but not be limited to, the following:

-Information required by federal reports and organizations, such as the Centers for Disease Control and Prevention;

-Information regarding the type of procedure used to perform the abortion; and

-Specific reasons the woman sought the abortion.

-Information on whether the woman used any method of family planning during the time she became pregnant, and if so, the specific method employed.

Physicians must currently submit an individual complication report for post-abortion care. In addition, the Department is responsible for annually publishing a statistical report. New language requires the report to include data on abortions or induced and post-abortion care. The report must contain the gestational age by weekly increments at which the abortions were performed. The report must not include any information that would allow the identification of a patient, physician, or hospital or abortion facility.

SECTION 188.070 - Currently, Section 188.070, RSMo, provides for a misdemeanor for violation of confidentiality. New language increases the penalty to a Class D felony for any person who knowingly violates the confidentiality of records, reports, or documents maintained by the abortion facility or hospital or received by the Department.

SECTION 188.075 - A new defense of medical emergency was added for a person performing an action or not performing an action according to current law.

SECTION 188.080 - This act modifies the penalty for physicians who perform abortions. Currently, Section 188.080, RSMo, prohibits anyone but licensed physicians from performing abortions and imposes a penalty. This act modifies the penalty to state that any physician who does not have clinical privileges to provide OB/GYN care at a hospital located within 30 miles of the location at which the abortion is performed is guilty of a Class A misdemeanor.

SECTION 188.250 - This act also provides that no person shall intentionally cause, aid or assist a minor to obtain an abortion without the required informed consent or judicial decree. Any person who has sufficient contact with this state and violates this act shall be civilly liable to the minor and to the person required to give informed consent. A court may award damages, including attorney's fees, litigation costs and court costs, to any person adversely affected by a violation of this act. The court may include compensation for emotional injury even if there is no personal presence at the scene of any act or event. A court may also award punitive damages. However, any adult who has engaged in or consents to another person committing rape or incest against a minor which results in the minor obtaining an abortion shall not be awarded damages.

It is not a defense to a claim brought pursuant to this act that the abortion was performed in accordance with the required consent of the state or place where the abortion was performed.

An unemancipated minor does not have the capacity to consent to any action of this act or to Section 188.028, RSMo.

A court may enjoin conduct in violation of this act upon a petition by the Attorney General, a prosecuting or circuit attorney, or a person adversely affected or who may be adversely affected. In order to enjoin such conduct, there must be a showing that such conduct is reasonably anticipated to occur in the future or has occurred in the past and it is not unreasonable to expect that such conduct will be repeated.

SECTION 188.300 - This act establishes the "Alternatives to Abortion Support Fund". The fund shall be used only to encourage childbirth over abortion and to support alternatives to abortion.

SECTION 188.305 - This act establishes the Respect Life Commission within the Office of Administration. To be eligible for appointment to the commission, a person shall demonstrate agreement with the principles and goals set forth regarding respect for human life from the beginning of life until death.

SECTION 197.200 - The act also modifies the definition of "ambulatory surgical center" in Section 197.200, RSMo, to include "any establishment operated for the purpose of performing or inducing any second or third trimester abortions or at least five or more first trimester abortions per month."

SECTION 301.3030 - This act allows for a special license plate bearing the words "RESPECT LIFE" and bearing an image of a single red rose. To obtain this plate, a person must get an emblem-use authorization statement from the Alternatives to Abortion Support Fund, which is created, upon the payment of fifteen dollar fee in addition to the regular $25 fee per set of plates if annually registered or $50 if biennially registered. The General Assembly may appropriate moneys annually from the fund to the Department of Revenue to offset costs reasonably incurred by the director of the department. This act delineates how the fund will be used.

ADRIANE CROUSE