| Anti-Choice Legislation: |
| Allow sex to be considered in certain insurance coverage |
| Bill Number: |
HB 283 [ view bill ] |
| Status: |
Vetoed by Governor on May 6, 2011 |
| Sponsor(s): |
Rep Liz Bangerter (R-Helena) |
HB 283 would have amended Montana's unisex insurance provision to allow gender to be considered when setting premiums in certain types of health insurance. In its original form, the language of the bill made it so that health insurance would be included, but the bill was eventually amended to say that health insurance was excluded from being allowed to discriminate based on gender. NPCMF supports gender neutral laws across the board; therefore we remained in opposition to the bill. HB 283 passed out of the House 64-34 and passed out of the Senate 27- 23. Gov. Brian Schweitzer vetoed the bill on 5/6/11. A “no” vote is a pro-choice vote.
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| Constitutional amendment to define person |
| Bill Number: |
HB 490 [ view bill ] |
| Status: |
Dead - Failed to pass out of Senate Judiciary Committee April 5 on a 6-6 vote |
| Sponsor(s): |
Rep Wendy Warburton (R-Havre) |
This legislation mirrors 2007’s failed HB 203, and 2009’s failed SB 406; as well as the failed 2008 and 2010 ballot initiatives, CI-100 and CI-102. This amendment attempts to define life in the Montana Constitution as beginning at fertilization, establishing constitutional rights for a fertilized egg that are separate from the pregnant woman. Besides attempting to enact a total ban on abortion if Roe v. Wade is overturned, HB 490 would severely undermine the medical decision-making process for both pregnant women and health care providers. This bill is extremely dangerous, and has far-reaching implications that would impact women suffering miscarriages, seeking in vitro fertilization or using certain common forms of birth control. HB 490 passed out of the house 65-32 and died in Senate Judiciary on a tie vote. A “no” vote is a pro-choice vote.
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| Constitutional referendum to specify no right to abortion or its public funding |
| Bill Number: |
HB 574 [ view bill ] |
| Status: |
Dead - Failed to reach the 100 vote requirement. House 66-31. Senate 30-20 |
| Sponsor(s): |
Rep Wendy Warburton (R-Havre) |
HB 574 sought to amend the Montana Constitution to explicitly deny women the right to have an abortion and prohibit the state from any public funding of the service. This bill would undo decades of case law that has paved the way for women to have access to safe, legal abortion in Montana. The drafters of the Montana Constitution were careful to ensure that the right to privacy in the Montana Constitution applied to abortion. HB 574 passed out of the house 66-31. After receiving a Senate vote of 30-20, it ultimately failed to garner the 100 votes necessary to be placed on the 2012 ballot. A “no” vote is a pro-choice vote.
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| Criminalize offense involving death to an unborn child |
| Bill Number: |
HB 167 [ view bill ] |
| Status: |
Vetoed by Governor on 5/6/2011 |
| Sponsor(s): |
Rep. Keith Regier (R-Kalispell) |
HB 167 sought to define “unborn child” as a human who is conceived but is not yet born, a back door attempt to define life in criminal code. While the outward appearance of the bill seemed to be aimed at creating harsher penalties for assault against a pregnant woman, the bill elevated the fetus to the legal status of the woman, assigning personhood status to a fetus. This bill politicized the issue of violence against pregnant women without offering any workable solutions for dealing with a very serious problem. HB 167 passed out of the House 70-29 and passed out of the Senate 29- 21. Gov. Brian Schweitzer vetoed the bill on 5/6/11. A “no” vote is a pro-choice vote. The Montana Legislature should focus on prosecuting violence against pregnant women without political overtones. The loss of a wanted pregnancy is a terrible and traumatic event, and our laws should reflect that reality. We should protect pregnant women – and we can do so without becoming entangled in the abortion debate.
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| Define scope/ boundaries of human sexuality/reproduct ed in K-12 public schools |
HB 456 sought to create statewide regulations for the implementation of sexuality education curriculum in Montana Public Schools by forcing schools to asks parents to OPT their child IN to sex education classes; and would have banned any organization that provides abortions from teaching sex education in public schools. By limiting access through unnecessary regulation and preventing experienced sex educators from educating Montana’s young people, teens would not get the reliable information they need to make healthy and responsible decisions about sex so that we may reduce unintended pregnancies and STI rates. HB 456 passed out of the House 67-30 and passed out of the Senate 26-24. Gov. Brian Schweitzer vetoed the bill on 4/13/11. There was an unsuccessful attempt to override the governor’s veto in the House. A “no” vote is a pro-choice vote.
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| General Appropriations Act |
| Bill Number: |
HB 2 [ view bill ] |
| Status: |
Became Law |
| Sponsor(s): |
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Family planning was a key target this year, nationally and in the states. The trend was part of a plan by anti-choice lawmakers across the country to strip women and men of vital services, and ultimately force the closing of abortion-providing clinics that provide a legal and wanted service, and critical health care, including cancer screenings, physical exams, STI screenings, pregnancy tests, and pre- and post-natal care. While the Montana budget can not truly be categorized as being anti-choice or pro-choice in nature, some of the events surrounding its construction can. In Montana, the anti-choice controlled legislature initially stripped all state family planning funding and federally allotted Title X money from the state budget, a combined cut of over $6.8 million over two years. Federal Title X family planning funding in Montana supports a network of clinics that provide essential preventive health care and contraceptives to low-income and uninsured women and men who may otherwise lack access to health care. As a result of final negotiations with the governor, federal family planning funding was restored in the budget (along with most of the other proposed cuts), but not all state money was restored, resulting in over $2 million in cuts from the governor's proposed budget for 2012 and 2013.
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| Prohibit qualified health plans from covering abortion service through exchange. |
| Bill Number: |
SB 176 [ view bill ] |
| Status: |
Vetoed by the Governor 4/5/2011 |
| Sponsor(s): |
Sen. Rowlie Hutton (R - Havre) |
SB 176 sought to ban any insurance plan that is part of the insurance exchanges created by the Affordable Care Act (federal health care reform) from providing abortion coverage as part of their plan. This went one step beyond the Hyde Amendment and the Nelson provision to the Affordable Care Act, by prohibiting women from using their own funds to pay for abortion coverage. Additionally, President Obama signed an executive order reinforcing that the Hyde Amendment is intact in the ACA. Women should not be denied access to reproductive-health services—a fundamental part of women’s health care—by politicians imposing their own opinions on private medical decisions. This restriction would have made it virtually impossible for women to obtain insurance coverage for abortion. SB 176 passed out of the House 66-32 and passed out of the Senate 27-22. Gov. Brian Schweitzer vetoed the bill on 4/4/11. A “no” vote is a pro-choice vote.
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| Provide abortion screening to prevent provider negligence and patient coercion |
| Bill Number: |
HB 544 [ view bill ] |
| Status: |
Dead - Tabled in Senate Judiciary Committee |
| Sponsor(s): |
Rep Michael More (R-Gallatin Gateway) |
HB 544 was a “TRAP” law, or Targeted Regulation of Abortion Providers. TRAP laws single out the medical practices of doctors who provide abortion care and impose on them requirements that are different and more burdensome than those imposed on other medical practices. These laws increase the cost and scarcity of abortion services, harming women’s health and inhibiting their reproductive choices. HB 544 implied that women don’t have the capacity to make the decision to have an abortion by mandating that abortion providers provide invasive and offensive ‘screenings’ to test for mental and physical stability. HB 544 passed the House 53-45 and was tabled in Senate Judiciary.
A “no” vote is a pro-choice vote.
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| Provide protection of pregnant women |
| Bill Number: |
HB 457 [ view bill ] |
| Status: |
Dead - Tabled in Senate Judiciary Committee |
| Sponsor(s): |
Rep. Pat Noonan (D-Butte) |
HB 457 was an alternative to HB 167, starting as a pro-choice bill. This bill took into account the very serious issue of intimate partner violence against pregnant women and created the framework for perpetrators to be punished to the fullest extent of the law, without politicizing the issue by adding anti-choice rhetoric into the bill language. Unfortunately, the House Judiciary Committee amended the bill to include the language ‘harm to a pregnant woman OR HER UNBORN CHILD,' completely changing the intent of the bill and making it similar to HB 167 to the point that the choice community could no longer support it. HB 457 passed the House 78-21 and was tabled in Senate Judiciary.
With amended language only, a “no” vote is a pro-choice vote.
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| Referendum to revise parental notice of abortion and judicial bypass |
| Bill Number: |
HB 627 [ view bill ] |
| Status: |
Passed by the House and the Senate. Will be placed on the 2012 ballot. |
| Sponsor(s): |
Gerald (Jerry) Bennett (R-Libby) |
HB 627 was a means for anti-choice legislators to push parental notification through the Montana Legislative Session, bypass the governor’s desk and impending veto, and put a politically-charged issue on the 2012 ballot. HB 627 received the simple majority it needed to be placed on the 2012 ballot with a House vote of 65-35 and Senate vote of 28-22. A “no” vote is a pro-choice vote. (refer to SB 97 for our position on parental notification for abortion laws)
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| Require ultrasound prior to abortion |
| Bill Number: |
HB 280 [ view bill ] |
| Status: |
Died in the House on a 47-53 vote |
| Sponsor(s): |
Rep. Pat Ingraham (R-Billings) |
HB 280 would have required all women seeking an abortion procedure to undergo an ultrasound, even if medically unnecessary and hear a vivid description of the image. HB 280 was an egregious intrusion into medical care and was, at its core, designed to intimidate, shame, and harass women who seek to exercise their right to choose. HB 280 failed in the House 47-53 with bipartisan opposition. A “no” vote is a pro-choice vote.
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| Resolution for a parental rights amendment |
| Bill Number: |
SJ 9 [ view bill ] |
| Status: |
Became Law |
| Sponsor(s): |
Sen. Rowlie Hutton (R - Havre) |
SJ 9 is a joint resolution asking the Montana Legislature to declare its support for a Parental Rights Amendment to the US Constitution. This concept started gaining traction in the mid-90s with support from right-wing extremists, and sprouted in response to the UN Convention on the Rights of the Child. Such an amendment to the US Constitution would rob young people of the ability to make decisions about their reproductive futures. SJ 9 passed out of the House 65-32 and passed out of the Senate 26- 24. A resolution is only a declaration and does not change or create state law. A “no” vote is a pro-choice vote.
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| Revise parental notice of abortion and judicial bypass |
| Bill Number: |
SB 97 [ view bill ] |
| Status: |
Vetoed by the Governor 5/12/2011 |
| Sponsor(s): |
Sen. Jim Shockley (R-Victor) |
SB 97 required young women seeking an abortion under the age of 16 to notify a parent or appear before a judge in order to have the procedure. Parental Notification laws were already declared unconstitutional by the Montana Court system. The Legislature cannot mandate health family communication where it doesn’t exist. Some teens live in troubled or abusive homes. This law puts vulnerable teenagers in harm’s way or forces them to go through the court system. SB 97 passed out of the Senate 30-20 and passed out of House 65-32. Gov. Brian Schweitzer vetoed the bill on 5/12/11. A “no” vote is a pro-choice vote.
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