Anti Choice Legislation

A woman’s right to choose was under attack in the Kansas Legislature during the 2009 session. The following bills were introduced attempting to limit access to a woman’s reproductive health options. Kansas NOW opposes this legislation and continues to fight to keep these options open. Kansas NOW employes everything at its disposal to combat this type of legislation from grass roots action to KS NOW’s lobbyist Kari Ann Rinker. Ultimately NOW’s ability to affect legislation is dependent upon the support its members. Tell your legislators that you oppose limiting access to reproductive health options. If your legislator does not listen, vote for someone who will.

Sponsor

House Bill 2011 was sponsored by Representative Arlen Siegfreid a Representative from the 15th District.

Effect of the Bill

According to the Legislative Research Department HB 2011 would require the Kansas Department of Health and Environment (KDHE) to adopt rules and regulations directing reporting requirements for abortions to be implemented as specified in this bill. The changes to current law would:
Require that the current rules and regulations adopted by KDHE be modified in such a way that the specific medical basis and clinical diagnosis for determinations that an abortion was necessary be included on reporting forms submitted to the agency; Require that the second consulting physician for abortions must be from Kansas; Require that the medical reasons for determining the gestational age to be reported for all abortions, regardless of gestational age; Add the terms “medical basis and clinical diagnosis” to the statement currently required by physicians to report the reasons for a determination that the fetus was not viable; and
Add a requirement that the physician performing an abortion report the specific medical basis and clinical diagnosis used to make the determination that the abortion was necessary.

Legislative Action

January 12, 2009: HB 2011 was introduced as: HB 2011, An act concerning abortion; amending K.S.A. 65-445 and 65-6703 and repealing the existing sections, by Representative Siegfreid. The Bill was then referred to the Health and Human Services Committee. Click here for the January 12, 2009 House Journal.

January 21, 2009: HB 2011 was withdrawn form the Health and Human Services Committee and referred to the Federal and State Affairs Committee. Click here for the January 21, 2009 House Journal.

February 26, 2009: A hearing was conducted by the House Federal and State Affairs Committee. Click here for the February 26, 2009 Federal and State Affairs Committee Minutes.

February 27, 2009: The Bill was passed by the Federal and State Affairs Committee.

No further action was taken during the 2009 session.

Sponsor

House Bill 2076 was sponsored by Representatives Lance Kinzer, Anthony Brown, Steven Brunk, Pete DeGraaf, Owen Donohoe, John Faber, Kasha Kelley, Mike Kiegerl, Forrest Knox, Brenda Landwehr, Steve Lukert, Peggy Mast, Joe McLeland, Ray Merrick, Jim Morrison, Don Myers, Connie O’Brien, Robert Olson, Bill Otto, Shirley Palmer, Joe Patton, Jan Pauls, Virgil Peck, Larry Powell, Marc Rhoades, Don Schroeder, Scott Schwab, Clark Shultz, Arlen Siegfreid, Jene Vickery, Jason Watkins, Jerry Williams, Bill Wolf.

Effect of the Bill

Legislative Action

January 26, 2009: The Bill was introduced as: HB 2076, An act concerning abortion; regarding the woman’s right-to-know act; amending K.S.A. 65-6709 and 65-6710 and repealing the existing sections, by Representatives Kinzer, A. Brown, Brunk, DeGraaf, Donohoe, Faber, George, Goico, Grange, Hermanson, Huebert, Jack, Kelley, Kiegerl, Knox, Landwehr, Lukert, Mast, McLeland, Merrick, Morrison, Myers, O’Brien, Olson, Otto, Palmer, Patton, Pauls, Peck, Powell, Rhoades, Schroeder, Schwab, Shultz, Siegfreid, Vickrey, Watkins, Williams and B. Wolf. Click here for the January 26, 2009 House Journal.

January 27, 2009: The Bill was assigned to the Federal and State Affairs Committee. Click here for the January 27, 2009 House Journal.

February 11, 2009: A hearing was conducted by the Federal and State Affairs Committee. Click here to the February 11, 2009 Federal and State Affairs Committee Minutes.

No further action was taken during the 2009 session.

Sponsor

House Bill 2166 was sponsored by Representative Steve Huebert a Representative from the 90th District.

Effect of the Bill

According to the Legislative Research Department HB 2166 would amend current law regarding health exceptions for late-term abortions. The bill would delete the word “impairment” in four existing statutes and insert in its place the terms “physical disorder, physical illness, or physical injury.”

Legislative Action

January 29, 2009: The Bill was introduced as: HB 2166, An act concerning abortion; relating to late-term and partial birth abortion; amending K.S.A. 65-6701, 65-6703, 65-6711 and 65-6721 and K.S.A. 2008 Supp. 76-3308 and repealing the existing sections, by Representative Huebert. Click here for the January 29, 2009 House Journal.

January 30, 2009: HB 2166 was assigned to the Federal and Sate Affairs Committee. Click here for the January 30, 2009 House Journal.

February 27, 2009: The Bill was passed by the Federal and State Affairs Committee.

No further action was taken during the 2009 session.

Sponsor

House Bill 2206 was sponsored by Representatives Lance Kinzer, Anthony Brown, Steven Brunk, Owen Donohoe, John Faber, Mario Goico, Steve Huebert, Mike Kiegerl, Forrest Knox, Steve Lukert, Peggy Mast, Joe McLeland, Meier, Don Myers, Connie O’Brien, Robert Olson, Bill Otto, Joe Patton, Jan Pauls, Virgil Peck, Larry Powell, Jason Watkins and Jerry Williams

Effect of the Bill

According to the Legislative Research Department HB 2206, as amended, would revise current law regarding late-term abortions. The Kansas Department of Health and Environment (KDHE) would be required to adopt new forms as well as rules and regulations to collect certain information from physicians who perform abortions and to publish certain data annually. The Board of Healing Arts also would have additional duties. The changes to current law would be as follows:
Reporting requirements for physicians performing late term abortions would require noting the specific medical diagnosis and condition constituting a substantial and irreversible impairment of a major bodily function of the mother. In addition, a sworn statement by the physician and the referring physician would be required indicating that there is no legal or financial affiliation between them. Another new requirement that the referring physician must be a Kansas resident would be added; KDHE would be required to adopt rules and regulations related to the change in reporting requirements and what information is required to be retained for a period of 10 years by physicians performing abortions. KDHE also would be required to include the new information in its annual public report on abortions performed in Kansas; The Board of Healing Arts would be required to revoke a physician’s license following the conviction of any misdemeanor under KSA 65-6703 occurring after July 1, 2009, unless a two-thirds majority of the Board determines that such licensee would not pose a threat to the public;
The definition of what constitutes the viability of a fetus would be changed to match the definition used in another section of law; Except in the case of a medical emergency, a copy of the written referral and the physician’s written determination would be required to be provided to the pregnant woman at least 30 minutes prior to the time scheduled for the abortion procedure; The husband of the pregnant woman who has a late-term abortion or the parents or guardians of the woman, if she is under the age of 18, could file a civil action against the physician performing a late-term abortion. The prosecution of criminal violations against a physician or physicians could be brought by the Attorney General, a district attorney, or a county attorney; At least 24 hours prior to an abortion, in addition to information currently required to be provided, the woman must be informed that the abortion will terminate the life of a whole, separate, unique, living human being, and new language that continuing the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant women is added as one of two requisites for an abortion; A definition of partial birth abortion would be added to conform with a federal definition and language in conformance with federal law would be added as to when partial birth abortions may be performed, and written documentation would be required, based upon a medical judgement that would be made by a reasonable prudent physician who is knowledgeable in the field and the case as well as treatment possibilities of the case; and Physician protection from tort actions involving abortion reporting would be repealed.
Legislative Action

February 2, 2009: The Bill was introduced in the House as: HB 2206, An act concerning abortion; regarding restrictions on late term and partial birth abortions; amending K.S.A. 65-445, 65-6701, 65-6703, 65-6709 and 65-6721 and K.S.A. 2008 Supp. 65-2836 and repealing the existing sections; also repealing K.S.A. 65-6713, by Representatives Kinzer and A. Brown, Brunk, Donohoe, Faber, Goico, Huebert, Kiegerl, Knox, Lukert, Mast, McLeland, Meier, Myers, O’Brien, Olson, Otto, Patton, Pauls, Peck, Powell, Watkins and Williams. Click here for February 2, 2009 House Journal.

February 3, 2009: HB 2206 was assigned to the Federal and Sate Affairs Committee. Click here for the February 3, 2009 House Journal.

February 26, 2009: A vote was taken by the House Federal and State Affairs Committee in which the Bill was passed out of Committee. Click here to the February 26, 2009 House Federal and State Affairs Committee Minutes.

February 27, 2009: Committee Report notes the Bill is passed by the House Federal and State Affairs Committee.

March 3, 2009: The Bill is passed by the Committee of the Whole and Engrossed.

March 4, 2009: A vote was taken on the Floor of the House as follows:HB 2206, An act concerning abortion; regarding restrictions on late term and partial birth abortions; amending K.S.A. 65-445, 65-6701, 65-6703, 65-6709 and 65-6721 and K.S.A. 2008 Supp. 65-2836 and repealing the existing sections; also repealing K.S.A. 65-6713, was considered on final action.
Call of the House was demanded.
On roll call, the vote was: Yeas 82; Nays 40; Present but not voting: 0; Absent or not voting: 3.
Yeas: Aurand, Bowers, Brookens, A. Brown, Brunk, Burgess, Burroughs, Carlson, Colloton, Craft, Crum, DeGraaf, Donohoe, Faber, Feuerborn, Frownfelter, Fund, D. Gate wood, S. Gatewood, George, Goico, Grange, Grant, Hayzlett, Henry, Hermanson, Hineman, C. Holmes, M. Holmes, Horst, Huebert, Jack, Kelley, Kerschen, Kiegerl, King, Kinzer, Kleeb, Knox, Landwehr, Light, Long, Lukert, Maloney, Mast, McLeland, Merrick, Morrison, Moxley, Myers, Navinsky, Neufeld, O’Brien, O’Neal, Olson, Otto, Palmer, Patton, Pauls, Peck, Peterson, Phelps, Powell, Prescott, Rhoades, Schroeder, Schwab, Schwartz, Seiwert, Shultz, Siegfreid, Svaty, Swanson, Swenson, Tafanelli, Vickrey, Watkins, Wetta, Whitham, Williams, B. Wolf, Yoder.
Nays: Ballard, Benlon, T. Brown, Carlin, Crow, Davis, Dillmore, Finney, Flaharty, Furtado, Garcia, Gordon, Goyle, Hawk, Henderson, Hill, Huntington, Johnson, Kuether, Lane, Loganbill, Mah, McCray-Miller, Menghini, Neighbor, Proehl, Quigley, Roth, Ruiz, Sawyer, Slattery, Sloan, Spalding, Talia, Tietze, Trimmer, Ward, Winn, K. Wolf, Worley.
Present but not voting: None.
Absent or not voting: Bethell, Pottorff, Rardin.
The bill passed, as amended.
EXPLANATIONS OF VOTE
MR. SPEAKER: I agree with making the reporting more precise. I agree in clarifying the several standards set out in the bill. I do not agree with the enhanced enforcement provisions. We don’t do this in other areas and shouldn’t do it here, either. It opens up litigation’s doors beyond what is necessary to address the wrong, at a great cost to our budget. I vote yes on HB 2206.—J. ROBERT BROOKENS
MR. SPEAKER: I agree with making the reporting more precise. I do not agree with the enhanced enforcement provisions. We don’t do this in other areas and shouldn’t do it here, either. It opens up litigation’s doors beyond what is necessary to address the wrong, at a great cost to our budget. I vote yes on HB 2206.—PAT COLLOTON
MR. SPEAKER: We vote NO on HB 2206. This bill does NOTHING to prevent unintended pregnancies or reduce the number of abortions in Kansas. HB 2206 requires more regulating requirements on both a doctor and on the Kansas Department of Health and Environment. HB 2206 puts the knowledge and best medical judgment of a woman’s physician secondary to that of the political and moral beliefs of legislators. No one supports abortion. We would hope that any woman who chooses to terminate a pregnancy would do so after counsel from her family, her doctor and her God.—TERRIE HUNTINGTON, SHERYL SPALDING, KAY WOLF, CINDY NEIGHBOR, JULIE MENGHINI, ANNIE KUETHER, ANNMAH, DOLORES FURTADO, CHARLES ROTH, JILL QUIGLEY, SYDNEY CARLIN, GERALDINE FLAHARTY, LANA GORDON, MILACK TALIA, TOM SLOAN, JUDITH LOGANBILL, LISA BENLON. March 4, 2009 - Journal of the House.

March 4, 2009: The Bill was introduced in the Senate. March 4, 2009 - Journal of the Senate.

March 5, 2009: The Bill was referred to the Senate Federal and State Affairs Committee. March 5, 2009 - Journal of the Senate.

No further action was taken during the 2009 session.