Amended  IN  Senate  May 19, 2022
Amended  IN  Senate  April 21, 2022
Amended  IN  Senate  April 07, 2022
Amended  IN  Senate  March 16, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1142


Introduced by Senators Caballero and Skinner
(Principal coauthor: Assembly Member Cristina Garcia)
(Coauthors: Senators Eggman Eggman, Portantino, and Wiener)
(Coauthors: Assembly Members Bauer-Kahan, Bennett, Calderon, Carrillo, Cervantes, Friedman, Kalra, Petrie-Norris, Luz Rivas, Akilah Weber, and Wicks)

February 16, 2022


An act to add Section 123430 to, and to add Article 2.3 (commencing with Section 123451) to Chapter 2 of Part 2 of Division 106 of, the Health and Safety Code, relating to maternal health.


LEGISLATIVE COUNSEL'S DIGEST


SB 1142, as amended, Caballero. Abortion services.
Existing law, the Reproductive Privacy Act, prohibits the state from denying or interfering with a person’s right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the person. The act defines “abortion” as a medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.
Existing law establishes the Commission on the Status of Women and Girls. Under existing law, the commission has the power and authority necessary to carry out the duties imposed by law. Existing law requires the commission to study certain policy areas, as described, for the purpose of examining any laws, practices, or conditions concerning or affecting women and girls which impose special limitations or burdens upon them or upon society, or which limit or tend to limit opportunities available to women and girls.
This bill would require the California Health and Human Services Agency, or an entity designated by the agency, to establish an internet website where the public can find information on abortion services in the state. The bill would require the agency to also develop, implement, and update as necessary, a statewide educational and outreach campaign to inform the public on how to access abortion services in the state.
The bill would establish the Abortion Practical Support Fund and would require the commission to administer the Abortion Practical Support Fund for the purpose of providing grants, upon appropriation by the Legislature, to assist pregnant people who are low income or face other financial barriers with access to abortions in California, and for research to support equitable access to abortion.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Abortion care is a constitutional right and an integral part of comprehensive sexual and reproductive health care, and overall health and well-being.
(b) In May 2019, Governor Gavin Newsom signed a Proclamation on Reproductive Freedom reaffirming California’s commitment to ensuring access to reproductive health care services, including abortion.
(c) If the United States Supreme Court overturns the protections under Roe v. Wade, people in over one-half of the states in the country, over 36,000,000 women and other people who may become pregnant, will lose access to abortion care.
(d) In December 2021, more than 40 organizations joined together to form the California Future of Abortion Council to identify barriers to abortion services and recommend proposals to support equitable and affordable access to abortion care for Californians and all who seek care in California.
(e) California is committed to building upon existing protections to the right to abortion and implementing innovative and bold programs and policies to truly be a reproductive freedom state.
(f) People seeking abortion care often experience obstacles to access care, including cost, distance to the nearest available provider, gas or other transportation needs, lodging, child care, lost wages due to lack of available or usable sick time, and other necessities such as food during travel.
(g) Many people such as immigrants, young people, foster youth, people with disabilities, and unhoused people experience additional barriers.
(h) For decades, abortion funds, abortion providers, and other community-based organizations have provided direct and indirect support to callers and patients with logistical and practical support needs. These funds assist patients seeking abortion services within California, patients traveling to California, and when patients need to travel outside of California for care.
(i) The unmet need for logistical and practical support for people seeking abortions is far greater than the resources that are currently available through California’s sole statewide abortion fund and, therefore, abortion providers and community-based organizations must currently independently fundraise to meet these needs.
(j) In California, there is a significant need for practical support to ensure access to abortion for Californians. The organizations providing support are heavily impacted by the increase in abortion restrictions across the country and the need for patients to travel to receive care.
(k) As more patients come from out of state, abortion fund organizations, abortion providers, and other community-based organizations that offer practical support need financial support to meet the demand of people needing care.

SEC. 2.

 Section 123430 is added to the Health and Safety Code, to read:

123430.
 (a) (1) To ensure people have accurate and comprehensive information when accessing abortion services in California, on or before July 1, 2023, the California Health and Human Services Agency, or an entity designated by the agency, shall establish an internet website where the public can access information on abortion services in the state.
(2) The internet website established pursuant to paragraph (1) shall include all of the following information and resources:
(A) A person’s legally protected rights to an abortion under state law.
(B) The location of abortion providers or links to the information in the state. Location information shall be posted and updated in a manner that allows people to easily identify the health care providers that provide abortion in the state.
(C) Practical support services, such as airfare, lodging, ground transportation, gas money, meals, dependent childcare, doula support, and translation services, to help a person access and obtain an abortion.
(D) Payment support resources, including coverage options, state programs, and other assistance that is available to help people with the cost of the abortion procedure.
(E) General description of the available types of abortion.
(F) Information to combat misinformation and disinformation, and ensure that people have comprehensive and medically accurate counseling and support services.
(G) Any other information or resources that will assist an individual seeking comprehensive and accurate information about exercising their legal right to abortion and accessing abortion services in the state.
(3) The agency shall consult with subject matter experts when determining the information and resources posted on the internet website. “Subject matter experts” include, but is not limited to, the Commission on the Status of Women and Girls, the Department of Justice, the State Department of Health Care Services, the Department of Managed Health Care, and organizations that represent patients, providers, and assistants that obtain, provide, or assist a pregnant person to access an abortion.
(4) The agency, in consultation with the subject matter experts, shall review the information and resources on the internet website to ensure that it is current and updated at reasonable intervals, but no less than once annually.
(b) On or before July 1, 2023, the agency shall develop, implement, and update as necessary, a statewide educational and outreach campaign to inform the public on how to access abortion services in the state.
(c) The internet website and informational materials created and distributed pursuant to this section shall be made available in a manner to ensure that they are accessible by all state residents. The internet website and informational materials shall be translated into Spanish, Chinese, Tagalog, Vietnamese, and Korean if any of these languages are spoken by a substantial number of the public where the materials are being distributed.
(d) Notwithstanding subdivision (a), the internet website established pursuant to this section shall not include the name or location of any individual who is an abortion provider.

SEC. 3.

 Article 2.3 (commencing with Section 123451) is added to Chapter 2 of Part 2 of Division 106 of the Health and Safety Code, to read:
Article  2.3. Abortion Practical Support Fund

123451.
 (a) As used in this article, the following definitions apply:
(1) “Abortion” has the same meaning as defined in Section 123464.
(2) “Commission” means the Commission on the Status of Women and Girls established by Section 8241 of the Government Code.
(3) “Fund” means the Abortion Practical Support Fund.
(4) “Grantee” means a qualifying nonprofit organization that assists pregnant people with direct practical support for the purposes of obtaining an abortion and public research institutions in California that conduct research on reproductive health, law, and policy.
(5) “Practical support” means direct assistance, such as airfare, lodging, ground transportation, gas money, meals, dependent childcare, doula support, and translation services, to help a person access and obtain an abortion.
(b) The Abortion Practical Support Fund is hereby established in the State Treasury in the Women and Girls Fund in accordance with Section 8250.1 of the Government Code for the purpose of providing grants described in Section 123452. Moneys in the fund are available upon appropriation by the Legislature.
(c) The commission shall administer the fund.
(d) Moneys in the fund may be used to cover administrative costs.
(e) Notwithstanding any other law, the commission may receive moneys from nonstate entities, such as private sector entities, and local and federal government agencies, specifically to support the fund, and deposit these moneys into the fund.

123452.
 (a) The commission may use moneys in the fund, upon appropriation by the Legislature, to allocate grants to any of the following:
(1) Nonprofit organizations that are exempt from taxation under section 501(c) of the Internal Revenue Code and either specialize in assisting pregnant people who are low income, or who face other financial barriers, with direct practical support services to access and obtain an abortion or provide abortion services to those persons. Grants awarded pursuant to this paragraph shall be used for activities that increase patient access to abortion, including, but not limited to, any of the following:
(A) Practical support services.
(B) Abortion navigators, patient navigators, and community health workers services.
(C) Case management support.
(D) Costs associated with training volunteers and staff in the provision of practical support services to abortion patients.
(E) Costs associated with enabling grantees that meet the requirements of this section to assist people with practical support services, including staffing and administrative costs.
(F) Costs associated with coordinating practical support services, abortion providers, and other support services.
(2) Public research institutions in California that conduct research on reproductive health, law, and policy, including research on abortion, contraception, and pregnancy. Grants awarded pursuant to this paragraph shall be used for research to support equitable access to abortion, including, but not limited to, any of the following:
(A) To identify unmet educational and health needs related to abortion services which take into account community preferences for types of abortion services and level of care.
(B) Accurately assess the needs and preferences of people experiencing barriers to sexual and reproductive health, including abortion care.
(C) Evaluate, track, and assess progress and impact of any program, policies, and innovations proposed as part of the recommendations of the California Future of Abortion Council.
(b) (1) Unless otherwise specified by the commission, grants under this article are for a period of one year.
(2) An application for a grant shall be made on a form to be developed by the commission.
(3) Decisions regarding the grants and the funding level of the grant shall be made after consideration of all relevant factors, such as the recipient’s anticipated level of need and the availability of funds.
(4) Additional grants are authorized.
(c) To administer this section, the commission shall use moneys in the fund, upon appropriation by the Legislature, to pay direct and indirect costs of the commission, including hiring costs.
(d) The commission shall use moneys in the fund, upon appropriation by the Legislature, to maintain a system of financial reporting on all aspects of the fund. The financial reporting shall include, but is not limited to, information from the grantees on their expenditures and activities using grant funds associated with this article as the commission deems necessary to ensure the use of the funds are consistent with the purposes of this article and the terms of any grant award.
(e) For purposes of this section, the commission shall not require the submission of any identifying personal information about individuals receiving practical support services as part of an application for a grant or reporting of expenditures and activities using grant funds under this article. Information required by the commission may only include information in summary, statistical, or other forms that do not identify particular individuals.
(f) An application for a grant under this article and financial reporting by grantees are exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

SEC. 4.

 The Legislature finds and declares that Section 3 of this act, which adds Section 123452 of the Health and Safety Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
The public interest to protect the privacy of patients of abortion services outweighs the public’s right of access to that information.