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Minnesota 2005 State Policy
Issues
Overview (updated August 2005)
The
2005 Legislative session adjourned in May for only a
few minutes before Governor Pawlenty called everyone
back to the table for a Special Session that ended up
lasting an additional seven weeks. For the first time
in Minnesota history, our government was shut down for
the final two of those weeks because of the impasse
among all three bodies (House, Senate and Governor’s
office) on how to solve the ongoing budget problems.
Unfortunately,
two major initiatives of the anti-choice organization
Minnesota Citizens Concerned for Life (MCCL) were passed
during these two sessions of the legislature.
Funding of Crisis Pregnancy Centers (a.k.a. Positive
Alternatives Act)
[HF952 House author: Finstad; SF917 Senate author: Sams]
This bill provides for $2.5 million in funding for unregulated
Crisis Pregnancy Centers. These clinics are the ‘provider’
arm of the anti-choice movement. They offer free pregnancy
testing, counseling and ultrasounds to women with unplanned
pregnancies, but they refuse to provide information
on abortion, even if the woman’s health would
be in jeopardy, or referrals to real medical clinics
that may give them all of their options. While the pro-choice
community is supportive of the MCCL’s intention
to help pregnant women, we disagree with the coercive
and misleading tactics that these so-called clinics
use. In a time of drastic budget cuts, tax dollars should
not be used to fund specific ideologies while organizations
that already perform these much needed services, are
being cut to the bone.
Fetal Pain Prevention
[HF838 House author: Otremba; SF331 Senate author: Fischbach,
folded into the omnibus Health and Human Services funding
bill that passed on July 13, 2005]
This bill would require all abortions performed after
20 weeks gestation to be offered an anesthetic to the
fetus, not just the woman. While medical science is
inconclusive over when a fetus can feel pain, the pro-choice
community is also split over how to receive this legislation.
Additional bills that are still in play for next year,
the second year of the 2005-2006 biennium include the
following legislation :
Parental Notification Data Act
[HF226 AND HF837 House author: Smith; SF328 Senate author:
Neuville]
This bill seeks further extensive reporting requirements
to both providers and the judicial system. It is designed
to interfere with the process that allows young women
to obtain a judicial bypass in place of parental notification.
As a result, this legislation could target judges that
grant bypass procedures in upcoming elections as well
as add more costly, time intensive measures on the clinics.
Action: We oppose this legislation
The Gag Rule (a.k.a. Taxpayer Protection Act)
[HF227 House author: Otremba; SF330 Senate author: Wergin]
This legislation would restrict all state funding of
Child and Maternal Health Grants, including the funds
for the Family Planning Special Projects (FPSP) grants,
from going to any organization that provides, counsels,
refers, advocates or considers abortion a legal part
of the continuum of women’s healthcare. Not only
does this legislation affect family planning and abortion
clinics, it could affect state funding to institutions
such as the Mayo Clinic and the University of Minnesota.
Action: We oppose this legislation
Minors’ Consent Provisions Modified
[HF1921 House author: Wilkin; no Senate author]
This legislation would remove the confidentiality of
the Minors’ Consent laws that have been in effect
since 1971. Parents would have full access to a minors
health care records unless a notarized document from
the parents has been provided to allow the child to
consent to future medical treatment in the areas documented
by the parent or guardian.
Action: We oppose this legislation
Emergency Contraception in Emergency Rooms
[HF1022 House author: Kelliher; SF989 Senate author:
Pappas]
Hospital emergency rooms would be required to provide
information about the availability and effectiveness
of emergency contraception, also known as Plan B or
the morning-after pill, along with prophylactic antibiotics,
and other information to sexual assault victims.
Action: We support this legislation.
Comprehensive Family Life and Sex Education
[HF1300 House author: Greiling; SF 878 Senate author:
Pappas]
This authorizes school districts to offer and independently
establish policies,
procedures, curriculum and services for providing comprehensive
age appropriate
family life and sexuality education for elementary students,
and requiring family
life and sexuality education programs in secondary schools
while also granting parents or
guardians the ability for their children to opt out
of any program.
Action: We support this legislation.
MHCW’s top initiative: Pregnancy Prevention
Initiatives
[HF646 House author: Sieben; SF581 Senate author: Marty]
A comprehensive approach to prevent unintended pregnancy,
and therefore reduce the need for abortion, as presented
last year it was supported by 35 bi-partisan House authors
and 29 bi-partisan Senate authors. In 2005, this legislation
was introduced again to ensure more access to family
planning services, to require comprehensive sex/sexuality
and family life education and school based health clinics,
to reinstate after-school enrichment programs, to reform
the ENABL (Education Now and Babies Later) program,
and to provide for public education on emergency contraception.
For more details, see the attached sheet for a bill
summary.
Action: We support this legislation
Abortion Criminal Penalty Eliminated
[HF1740 House author: Seifert; no Senate author]
Repeals subdivision 1 (Requirements.) of section 145.412
in Minnesota statutes pertaining to Criminal acts while
performing an abortion.
Action: We are unaware of the intent of this legislation
Medical Assistance requirements for therapeutic
abortions
[SF193 Senate author: LeClair; no House companion]
State assistance for abortion services can only be offered
to women for a “medical necessity”. The
meaning refers only to women whose life or health is
in danger, or for those who have experienced rape or
incest, but only if they have reported it within 48
hours. Current law, because of the Doe v. Gomez decision
of 1995, requires that if a woman is eligible for state
assistance to carry a child to term, she must also be
afforded her other options with state assistance.
Action: We oppose this legislation
Constitutional amendment
[HF245 House author: Peppin; SF329 Senate author: Neuville]
This amendment would require the abortion standard in
Minnesota to match US Constitution. This is problematic
for two reasons: it would eliminate the additional privacy
protections Minnesota has added to the right to an abortion,
and if Roe v. Wade is overturned at the federal level,
abortion would become illegal in Minnesota.
Action: We oppose this legislation
Reproductive Privacy Act
[HF1051 House author: Kelliher; SF972 Senate author:
Dibble]
This legislation would declare that every woman has
a fundamental right of choice and would prohibit government
interference and discrimination with a woman’s
right to choose to bear a child or terminate a pregnancy.
Action: We support this legislation
Minnesota State Policy Issues Archive :
200720062005
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