Bill Text: IA HF237 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the distribution of certain funds for abortions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-07 - Introduced, referred to Human Resources. H.J. 238. [HF237 Detail]
Download: Iowa-2017-HF237-Introduced.html
House File 237 - Introduced HOUSE FILE BY SALMON A BILL FOR 1 An Act relating to the distribution of certain funds for 2 abortions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2334YH (1) 87 pf/rn/rj PAG LIN 1 1 DIVISION I 1 2 DISTRIBUTION OF FEDERAL FUNDS ==== RESTRICTIONS ==== ABORTION 1 3 Section 1. DISTRIBUTION OF FEDERAL PUBLIC HEALTH SERVICES 1 4 ACT FUNDS FOR FAMILY PLANNING. 1 5 1. The department of public health shall annually apply 1 6 to the United States department of health and human services 1 7 for grant funding under Tit. X of the federal Public Health 1 8 Services Act, 42 U.S.C. {300 et seq. The department shall 1 9 distribute all grant funding received to applicants in the 1 10 following order of priority: 1 11 a. Public entities that provide family planning services 1 12 including state, county, or local community health clinics and 1 13 federally qualified health centers. 1 14 b. Nonpublic entities that, in addition to family planning 1 15 services, provide required primary health services as described 1 16 in 42 U.S.C. {254b(b)(1)(A). 1 17 c. Nonpublic entities that provide family planning 1 18 services but do not provide required primary health services as 1 19 described in 42 U.S.C. {254b(b)(1)(A). 1 20 2. Distribution of funds under this section shall be made in 1 21 a manner that continues access to family planning services. 1 22 3. Distribution of funds shall not be made to any entity 1 23 that performs abortions or that maintains or operates a 1 24 facility where abortions are performed. For the purposes of 1 25 this section, "abortion" does not include any of the following: 1 26 a. The treatment of a woman for a physical disorder, 1 27 physical injury, or physical illness, including a 1 28 life=endangering physical condition caused by or arising from 1 29 the pregnancy itself, that would, as certified by a physician, 1 30 place the woman in danger of death. 1 31 b. The treatment of a woman for a spontaneous abortion, 1 32 commonly known as a miscarriage. 1 33 4. Funds distributed in accordance with this section shall 1 34 not be used for direct or indirect costs, including but not 1 35 limited to administrative costs or expenses, overhead, employee 2 1 salaries, rent, and telephone and other utility costs, related 2 2 to providing abortions as specified in this section. 2 3 5. The department of public health shall submit a report to 2 4 the governor and the general assembly, annually by January 1, 2 5 listing any entities that received funds pursuant to subsection 2 6 1, paragraph "c", and the amount and type of funds received by 2 7 such entities during the preceding calendar year. The report 2 8 shall provide a detailed explanation of how the department 2 9 determined that distribution of funds to such an entity, 2 10 instead of to an entity described in subsection 1, paragraph 2 11 "a" or "b", was necessary to prevent severe limitation or 2 12 elimination of access to family planning services in the region 2 13 of the state where the entity is located. 2 14 Sec. 2. ADMINISTRATION OF PERSONAL RESPONSIBILITY 2 15 EDUCATION PROGRAM AND ABSTINENCE EDUCATION GRANT PROGRAM 2 16 FUNDS. Any contract entered into on or after July 1, 2017, 2 17 by the department of public health to administer the personal 2 18 responsibility education program as specified in 42 U.S.C. 2 19 {713 or to administer the abstinence education grant program 2 20 authorized pursuant to section 510 of Tit. V of the federal 2 21 Social Security Act, shall exclude as an eligible applicant any 2 22 applicant entity that provides abortions, maintains or operates 2 23 a facility where abortions are performed, or regularly makes 2 24 referrals to an entity that provides abortions or maintains or 2 25 operates a facility where abortions are performed. For the 2 26 purposes of this section, such referrals include but are not 2 27 limited to referrals made by reference to an internet site or 2 28 by linking to an internet site maintained by an entity that 2 29 provides abortions or maintains or operates a facility where 2 30 abortions are performed. 2 31 Sec. 3. AWARD OF COMMUNITY ADOLESCENT PREGNANCY PREVENTION 2 32 AND SERVICES PROGRAM GRANT FUNDS. Any contract entered into on 2 33 or after July 1, 2017, by the department of human services to 2 34 award a community adolescent pregnancy prevention and services 2 35 program grant using federal temporary assistance for needy 3 1 families block grant funds appropriated to the department 3 2 shall exclude as an eligible applicant any applicant entity 3 3 that provides abortions, maintains or operates a facility 3 4 where abortions are performed, or regularly makes referrals to 3 5 an entity that provides abortions or maintains or operates a 3 6 facility where abortions are performed. For the purposes of 3 7 this section, such referrals include but are not limited to 3 8 referrals made by reference to an internet site or by linking 3 9 to an internet site maintained by an entity that provides 3 10 abortions or maintains or operates a facility where abortions 3 11 are performed. 3 12 DIVISION II 3 13 RIGHT OF INTERVENTION 3 14 Sec. 4. RIGHT OF INTERVENTION. The sponsor or cosponsors 3 15 of this Act, as an agent or agents of the state, shall have 3 16 standing to intervene on behalf of the general assembly as a 3 17 party in any judicial or administrative proceeding challenging 3 18 the provisions of this Act. 3 19 DIVISION III 3 20 SEVERABILITY 3 21 Sec. 5. SEVERABILITY. If any provision of this Act or 3 22 the application of this Act to any person or circumstances is 3 23 held invalid, the invalidity shall not affect other provisions 3 24 or applications of the Act which can be given effect without 3 25 the invalid provisions or application and, to this end, the 3 26 provisions of this Act are severable. 3 27 EXPLANATION 3 28 The inclusion of this explanation does not constitute agreement with 3 29 the explanation's substance by the members of the general assembly. 3 30 This bill relates to the distribution of certain funds 3 31 relative to abortions. 3 32 Division I of the bill relates to the distribution and use 3 33 of certain federal funds for abortions. The division includes 3 34 limitations on distribution to certain applicants of federal 3 35 funds received by the state under Title X of the federal Public 4 1 Health Services Act, the personal responsibility education 4 2 program, the abstinence education grant program, and the 4 3 community adolescent pregnancy prevention grant program. 4 4 The division directs the department of health (DPH) to 4 5 distribute all grant funding received through Title X of 4 6 the federal Public Health Services Act on the basis of a 4 7 prioritized schedule of applicants. The division prohibits 4 8 funding to be distributed to any entity that performs abortions 4 9 or that maintains or operates a facility where abortions are 4 10 performed. The division also prohibits funds distributed to 4 11 be used for direct or indirect costs related to providing 4 12 abortions. The division makes exceptions to the definition 4 13 of "abortion" for the purpose of distribution of the funds. 4 14 The division directs DPH to submit a report annually to the 4 15 governor and the general assembly by January 1, identifying any 4 16 entities lowest in the prioritization schedule that received 4 17 public funds instead of an entity higher in the prioritization 4 18 schedule during the preceding calendar year. The report 4 19 shall include a detailed explanation of how DPH determined 4 20 that distribution to such an entity was necessary to prevent 4 21 limitations in access to family planning services in the region 4 22 of the state where the entity is located. 4 23 The division directs DPH, beginning with any contract 4 24 entered into on or after July 1, 2017, to administer the 4 25 state personal responsibility education program and the state 4 26 abstinence education grant program to exclude as an eligible 4 27 applicant any applicant entity that provides abortions, 4 28 maintains or operates facilities where abortions are performed, 4 29 or regularly makes referrals to an entity that provides 4 30 abortions or maintains or operates a facility where abortions 4 31 are performed. 4 32 The division directs the department of human services, 4 33 beginning with any contract entered into on or after July 1, 4 34 2017, to exclude from the award of federal temporary assistance 4 35 for needy families block grant funds appropriated to the 5 1 department for the community adolescent pregnancy prevention 5 2 and services program, any applicant entity that provides 5 3 abortions, maintains or operates a facility where abortions 5 4 are performed, or regularly makes referrals to an entity that 5 5 provides abortions or maintains or operates a facility where 5 6 abortions are performed. 5 7 Division II of the bill provides for a right of intervention. 5 8 The bill provides that a sponsor or cosponsors of the bill, 5 9 as an agent or agents of the state, shall have standing to 5 10 intervene on behalf of the general assembly as a party in 5 11 any judicial or administrative proceeding challenging the 5 12 provisions of the bill. 5 13 Division III of the bill provides for severability of any 5 14 provision or application of the bill that is held invalid from 5 15 the provisions or applications of the bill which can be given 5 16 effect without the invalid provisions or application. 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