SB 2 Passes – Modifies Abortion Laws

April 20, 2005, JEFFERSON CITY, MO – On Tuesday and Thursday, April 19 th and 21 st the Senate debated and voted passage of SB 2, which amends laws relating to abortions and alternatives to abortion services. As originally sponsored by Sen. Jon Loudon (R-Ballwin), SB 2 would allow lawsuits against people who help minors evade Missouri's parental consent laws to obtain abortions in other states.

SB 2 also makes abortion providers subject to licensure as an “ambulatory surgical center” if the abortion provider performed five or more first-trimester abortions in a month, or performed any second or third-trimester abortions. This would make the abortion provider subject to state inspection by the Department of Health and Senior Services.

The legislation also requires physicians who perform abortions to have clinical privileges to provide obstetric/gynecological care at a hospital within thirty miles of where the abortion is performed. A physician who performed an abortion without such clinical privileges in Missouri would face a class B felony and up to fifteen years in prison. Opponents of SB 2 expressed concern that this provision might force the Springfield Healthcare Center, the only abortion provider in that area, to close as no local physician was willing to perform abortions.

Before consideration of the bill on the Senate floor, other provisions were added to the bill to ensure that no state funds will be used to directly or indirectly subsidize abortion providers, and allow the state to sell “Respect Life” license plates. Proceeds from the sales of such plates will be expended for alternatives to abortion programs and services. The bill also establishes a state Respect Life Commission to oversee the program and to make suggestions to state policy makers to ensure that Missouri protects all human life. The bill also prohibits abortion providers from furnishing sex education services and materials to public schools.

During the debate Sen. Pat Dougherty (D-St. Louis) offered an amendment to add a $5 million family planning program to the bill. The amendment was defeated along with an amendment offered by Sen. Joan Bray (D-University City) to establish the “Freedom=Choice” license plates.

Larry Weber, Executive Director and General Counsel of the Missouri Catholic Conference said, “This bill confirms that Missouri is a pro-life state. It also restores parental rights by holding accountable those individuals who assist a young girl under 18 obtain an abortion without her parents consent.” Deacon Weber also noted that the bill prohibits scarce tax dollars from being used to fund or support abortions, stating that “It is inappropriate for a pro-life state like Missouri to use taxpayer funds to subsidize the destruction of human life.”

According to Samuel Lee, director of Campaign Life Missouri: "This is the most comprehensive pro-life bill passed in Missouri since 1986.  The bill provides that those women who have abortions will do so in a safe environment, and those women who don't want abortions will be provided with real alternatives." Lee noted that many of the provisions in the bill were first proposed throughout the 1990's, and some parts of the bill had been approved by the Missouri General Assembly but then vetoed by Gov. Carnahan.  "Pro-lifers must continue to be persistent and patient if we are to change a culture of death into a culture of life," Lee said.

A final vote to send the bill to the House of Representatives was held on Thursday, August 21 st. Support for the bill was overwhelming, with 26 senators voting in favor of the bill, 6 senators opposing the bill, and two senators absent. The bill will now be considered by the House of Representatives during the last three weeks of the legislative session.