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:
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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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