HB 174 Preempts political subdivision authority regarding abortion in specified scenarios

     Handler: Wallingford

Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 174 - Under this act, the General Assembly acknowledges the rights of alternatives to abortion agencies to operate freely and engage in speech without government interference, as well as the right of a person not to be compelled by the government to participate in abortion, and that the constitution and laws of the United States and Missouri shall be interpreted, construed, applied, and enforced to fully protect these rights.

A political subdivision is preempted from enacting, adopting, maintaining, or enforcing any order, ordinance, rule, regulation, policy, or other similar measure that: (1) prohibits, restricts, limits, controls, directs, interferes with, or otherwise adversely affects an alternatives to abortion agency or its officers', agents', employees', or volunteers' operations or speech; (2) has the purpose or effect of requiring a person to directly or indirectly participate in abortion if such participation is contrary to their religious beliefs or moral convictions; (3) requires a real estate broker, real estate salesperson, real estate broker-salesperson, appraisal firm, appraiser, property owner, or any other person to buy, sell, exchange, purchase, rent, lease, advertise for, or otherwise conduct real estate transactions for, to, or with an abortion facility or for, to, or with a person for the purpose of performing or inducing an abortion not necessary to save the life of the mother if such requirement is contrary to their religious beliefs or moral convictions; and (4) requires an employer, employee, health care provider, health plan provider, health plan sponsor, or any other person to provide coverage for or to participate in a health plan that includes benefits that are not otherwise required by state law. However, nothing in this act shall be construed to prohibit any political subdivision from enacting, adopting, maintaining, or enforcing any order, ordinance, rule, regulation, policy, or other similar measure to assist pregnant women to carry their unborn children to term or to assist women in caring for their dependent children or placing them for adoption.

A court may order injunctive relief with specified damages for violations of this act. Additionally, the Attorney General may bring a cause of action to defend the rights guaranteed under this act.

Nothing in this act shall preclude or preempt a political subdivision from exercising its lawful authority to regulate zoning or land use or to enforce a building or fire code regulation, provided that the political subdivision treats an alternatives to abortion agency in the same manner as a similarly situated agency.

This act contains an emergency clause.

This act is identical to SS/SB 41 (2017) and similar to provisions in HB 99 (2015), HB 919 (2015), HB 1103 (2014), SCS/HCS/HB 1192 (2014), SB 658 (2014), HB 31 (2013), HB 717 (2013), SB 50 (2013), HB 1357 (2012), and SB 745 (2012).

SARAH HASKINS


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