Bill Text: IA HF257 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the distribution of certain funds for abortions.
Spectrum: Partisan Bill (Republican 17-0)
Status: (Introduced - Dead) 2019-02-28 - Subcommittee recommends amendment and passage. [HF257 Detail]
Download: Iowa-2019-HF257-Introduced.html
House
File
257
-
Introduced
HOUSE
FILE
257
BY
SALMON
,
GASSMAN
,
BAXTER
,
SHIPLEY
,
WHEELER
,
HOLT
,
JACOBSEN
,
WILLS
,
GUSTAFSON
,
OSMUNDSON
,
KERR
,
MOORE
,
LUNDGREN
,
DOLECHECK
,
FISHER
,
BACON
,
and
THOMPSON
A
BILL
FOR
An
Act
relating
to
the
distribution
of
certain
funds
for
1
abortions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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DIVISION
I
1
DISTRIBUTION
OF
FEDERAL
FUNDS
——
RESTRICTIONS
——
ABORTION
2
Section
1.
DISTRIBUTION
OF
FEDERAL
PUBLIC
HEALTH
SERVICES
3
ACT
FUNDS
FOR
FAMILY
PLANNING.
4
1.
The
department
of
public
health
shall
annually
apply
5
to
the
United
States
department
of
health
and
human
services
6
for
grant
funding
under
Tit.
X
of
the
federal
Public
Health
7
Services
Act,
42
U.S.C.
§300
et
seq.
The
department
shall
8
distribute
all
grant
funding
received
to
applicants
in
the
9
following
order
of
priority:
10
a.
Public
entities
that
provide
family
planning
services
11
including
state,
county,
or
local
community
health
clinics
and
12
federally
qualified
health
centers.
13
b.
Nonpublic
entities
that,
in
addition
to
family
planning
14
services,
provide
required
primary
health
services
as
described
15
in
42
U.S.C.
§254b(b)(1)(A).
16
c.
Nonpublic
entities
that
provide
family
planning
17
services
but
do
not
provide
required
primary
health
services
as
18
described
in
42
U.S.C.
§254b(b)(1)(A).
19
2.
Distribution
of
funds
under
this
section
shall
be
made
in
20
a
manner
that
continues
access
to
family
planning
services.
21
3.
Distribution
of
funds
shall
not
be
made
to
any
entity
22
that
performs
abortions
or
that
maintains
or
operates
a
23
facility
where
abortions
are
performed.
For
the
purposes
of
24
this
section,
“abortion”
does
not
include
any
of
the
following:
25
a.
The
treatment
of
a
woman
for
a
physical
disorder,
26
physical
injury,
or
physical
illness,
including
a
27
life-endangering
physical
condition
caused
by
or
arising
from
28
the
pregnancy
itself,
that
would,
as
certified
by
a
physician,
29
place
the
woman
in
danger
of
death.
30
b.
The
treatment
of
a
woman
for
a
spontaneous
abortion,
31
commonly
known
as
a
miscarriage.
32
4.
Funds
distributed
in
accordance
with
this
section
shall
33
not
be
used
for
direct
or
indirect
costs,
including
but
not
34
limited
to
administrative
costs
or
expenses,
overhead,
employee
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salaries,
rent,
and
telephone
and
other
utility
costs,
related
1
to
providing
abortions
as
specified
in
this
section.
2
5.
The
department
of
public
health
shall
submit
a
report
to
3
the
governor
and
the
general
assembly,
annually
by
January
1,
4
listing
any
entities
that
received
funds
pursuant
to
subsection
5
1,
paragraph
“c”,
and
the
amount
and
type
of
funds
received
by
6
such
entities
during
the
preceding
calendar
year.
The
report
7
shall
provide
a
detailed
explanation
of
how
the
department
8
determined
that
distribution
of
funds
to
such
an
entity,
9
instead
of
to
an
entity
described
in
subsection
1,
paragraph
10
“a”
or
“b”,
was
necessary
to
prevent
severe
limitation
or
11
elimination
of
access
to
family
planning
services
in
the
region
12
of
the
state
where
the
entity
is
located.
13
Sec.
2.
ADMINISTRATION
OF
PERSONAL
RESPONSIBILITY
14
EDUCATION
PROGRAM
AND
ABSTINENCE
EDUCATION
GRANT
PROGRAM
15
FUNDS.
Any
contract
entered
into
on
or
after
July
1,
2019,
16
by
the
department
of
public
health
to
administer
the
personal
17
responsibility
education
program
as
specified
in
42
U.S.C.
18
§713
or
to
administer
the
abstinence
education
grant
program
19
authorized
pursuant
to
section
510
of
Tit.
V
of
the
federal
20
Social
Security
Act,
shall
exclude
as
an
eligible
applicant
any
21
applicant
entity
that
provides
abortions,
maintains
or
operates
22
a
facility
where
abortions
are
performed,
or
regularly
makes
23
referrals
to
an
entity
that
provides
abortions
or
maintains
or
24
operates
a
facility
where
abortions
are
performed.
For
the
25
purposes
of
this
section,
such
referrals
include
but
are
not
26
limited
to
referrals
made
by
reference
to
an
internet
site
or
27
by
linking
to
an
internet
site
maintained
by
an
entity
that
28
provides
abortions
or
maintains
or
operates
a
facility
where
29
abortions
are
performed.
30
Sec.
3.
AWARD
OF
COMMUNITY
ADOLESCENT
PREGNANCY
PREVENTION
31
AND
SERVICES
PROGRAM
GRANT
FUNDS.
Any
contract
entered
into
on
32
or
after
July
1,
2019,
by
the
department
of
human
services
to
33
award
a
community
adolescent
pregnancy
prevention
and
services
34
program
grant
using
federal
temporary
assistance
for
needy
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families
block
grant
funds
appropriated
to
the
department
shall
1
exclude,
as
an
eligible
applicant,
any
applicant
entity
that
2
provides
abortions,
maintains
or
operates
a
facility
where
3
abortions
are
performed,
or
regularly
makes
referrals
to
an
4
entity
that
provides
abortions
or
maintains
or
operates
a
5
facility
where
abortions
are
performed.
For
the
purposes
of
6
this
section,
such
referrals
include
but
are
not
limited
to
7
referrals
made
by
reference
to
an
internet
site
or
by
linking
8
to
an
internet
site
maintained
by
an
entity
that
provides
9
abortions
or
maintains
or
operates
a
facility
where
abortions
10
are
performed.
11
DIVISION
II
12
RIGHT
OF
INTERVENTION
13
Sec.
4.
RIGHT
OF
INTERVENTION.
The
sponsor
or
co-sponsors
14
of
this
Act,
as
an
agent
or
agents
of
the
state,
shall
have
15
standing
to
intervene
on
behalf
of
the
general
assembly
as
a
16
party
in
any
judicial
or
administrative
proceeding
challenging
17
the
provisions
of
this
Act.
18
DIVISION
III
19
SEVERABILITY
20
Sec.
5.
SEVERABILITY.
If
any
provision
of
this
Act
or
21
the
application
of
this
Act
to
any
person
or
circumstances
is
22
held
invalid,
the
invalidity
shall
not
affect
other
provisions
23
or
applications
of
the
Act
which
can
be
given
effect
without
24
the
invalid
provisions
or
application
and,
to
this
end,
the
25
provisions
of
this
Act
are
severable.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
relates
to
the
distribution
of
certain
funds
30
relative
to
abortions.
31
Division
I
of
the
bill
relates
to
the
distribution
and
use
32
of
certain
federal
funds
for
abortions.
The
division
includes
33
limitations
on
distribution
to
certain
applicants
of
federal
34
funds
received
by
the
state
under
Title
X
of
the
federal
Public
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Health
Services
Act,
the
personal
responsibility
education
1
program,
the
abstinence
education
grant
program,
and
the
2
community
adolescent
pregnancy
prevention
grant
program.
3
The
division
directs
the
department
of
health
(DPH)
to
4
distribute
all
grant
funding
received
through
Title
X
of
5
the
federal
Public
Health
Services
Act
on
the
basis
of
a
6
prioritized
schedule
of
applicants.
The
division
prohibits
7
funding
to
be
distributed
to
any
entity
that
performs
abortions
8
or
that
maintains
or
operates
a
facility
where
abortions
are
9
performed.
The
division
also
prohibits
funds
distributed
to
10
be
used
for
direct
or
indirect
costs
related
to
providing
11
abortions.
The
division
makes
exceptions
to
the
definition
12
of
“abortion”
for
the
purpose
of
distribution
of
the
funds.
13
The
division
directs
DPH
to
submit
a
report
annually
to
the
14
governor
and
the
general
assembly
by
January
1,
identifying
any
15
entities
lowest
in
the
prioritization
schedule
that
received
16
public
funds
instead
of
an
entity
higher
in
the
prioritization
17
schedule
during
the
preceding
calendar
year.
The
report
18
shall
include
a
detailed
explanation
of
how
DPH
determined
19
that
distribution
to
such
an
entity
was
necessary
to
prevent
20
limitations
in
access
to
family
planning
services
in
the
region
21
of
the
state
where
the
entity
is
located.
22
The
division
directs
DPH,
beginning
with
any
contract
23
entered
into
on
or
after
July
1,
2019,
to
administer
the
24
state
personal
responsibility
education
program
and
the
state
25
abstinence
education
grant
program
to
exclude,
as
an
eligible
26
applicant,
any
applicant
entity
that
provides
abortions,
27
maintains
or
operates
facilities
where
abortions
are
performed,
28
or
regularly
makes
referrals
to
an
entity
that
provides
29
abortions
or
maintains
or
operates
a
facility
where
abortions
30
are
performed.
31
The
division
directs
the
department
of
human
services,
32
beginning
with
any
contract
entered
into
on
or
after
July
1,
33
2019,
to
exclude
from
the
award
of
federal
temporary
assistance
34
for
needy
families
block
grant
funds
appropriated
to
the
35
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department
for
the
community
adolescent
pregnancy
prevention
1
and
services
program,
any
applicant
entity
that
provides
2
abortions,
maintains
or
operates
a
facility
where
abortions
3
are
performed,
or
regularly
makes
referrals
to
an
entity
that
4
provides
abortions
or
maintains
or
operates
a
facility
where
5
abortions
are
performed.
6
Division
II
of
the
bill
provides
for
a
right
of
intervention.
7
The
bill
provides
that
a
sponsor
or
co-sponsors
of
the
bill,
8
as
an
agent
or
agents
of
the
state,
shall
have
standing
to
9
intervene
on
behalf
of
the
general
assembly
as
a
party
in
10
any
judicial
or
administrative
proceeding
challenging
the
11
provisions
of
the
bill.
12
Division
III
of
the
bill
provides
for
severability
of
any
13
provision
or
application
of
the
bill
that
is
held
invalid
from
14
the
provisions
or
applications
of
the
bill
which
can
be
given
15
effect
without
the
invalid
provisions
or
application.
16
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