HF 235 (LSB 1119YH (15) 87)

HOUSE FILE 235

BY  SALMON, HOLT, SHEETS, CARLIN, HEARTSILL, GUSTAFSON, WHEELER, FISHER, GASSMAN, and LUNDGREN

A BILL FOR

An Act relating to the restrictions on distribution of certain public funds for abortion.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  146B.1  Abortions —— restrictions —— public funds.
   1.  For the purposes of this chapter:
   a.  “Abortion” means as defined in section 146.1.
   b.  “Health care facility” means as defined in section 135C.1.
   c.  “Public funds” means state, county, or local government moneys authorized or appropriated pursuant to state law or derived from any fund in which such moneys are deposited. “Public funds” does not include federal moneys received by the state under Title X of the federal Public Health Service Act as specified in 42 U.S.C. §300 et seq. for family planning services; the personal responsibility education program as specified in 42 U.S.C. §713; the separate program for abstinence education as specified in 42 U.S.C. §710; or through the temporary assistance for needy families program for the community adolescent pregnancy prevention program.
   2.  Notwithstanding any other provision of law to the contrary, public funds shall not be expended for the purpose of providing abortions.
   3.  Notwithstanding any other provision of law to the contrary, health care services furnished by or in a health care facility owned or operated by the state or a county or local government entity or by a physician or other individual employed by the state or a county or local government entity to provide health care services within the scope of practice and employment of the individual shall not include provision of abortions.
   4.  Notwithstanding any other provision of law to the contrary, any amount paid by an individual or an entity during a taxable year for an abortion or as premiums for health care coverage that includes coverage for abortions is not tax deductible under chapter 422. 
   5.  This chapter shall not be construed to apply to any of the following:
   a.  The treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of an abortion, whether the abortion was performed in accordance with state and federal law or whether funding for the abortion is permissible under this section.
   b.  An abortion when the woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself.
   c.  The treatment of a woman for a spontaneous abortion, commonly known as a miscarriage.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill creates a new Code chapter 146B, providing restrictions on the expenditure of public funds for abortions notwithstanding any other provisions of law to the contrary. 
   The bill defines “abortion”, “health care facility”, and “public funds” for the purposes of the new Code chapter.
   Public funds are prohibited from being expended for the purpose of providing abortions.
   The new Code chapter prohibits health care services furnished by or in a health care facility owned or operated by the state or a county or local government entity or by a physician or other individual employed by the state or a county or local government entity to provide health care services within the scope of practice and employment of the individual from including the provision of abortions.
   Any amount paid by an individual or an entity during a taxable year for an abortion or as premiums for health care coverage that includes coverage for abortions is not tax deductible under Code chapter 422. 
   The new Code chapter is not to be construed to apply to the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of an abortion, whether the abortion was performed in accordance with state and federal law or whether funding for the abortion is permissible under the Code chapter; an abortion when the woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself; or the treatment of a woman for a miscarriage.