LEGISLATURE OF THE STATE OF
IDAHO
Sixty-fifth Legislature
Second Regular Session - 2020
IN THE HOUSE OF REPRESENTATIVES
BY STATE AFFAIRS COMMITTEE
1
AN ACT
2
RELATING TO PUBLIC MONEYS; AMENDING CHAPTER 16, TITLE 31,
IDAHO CODE, BY
3
THE ADDITION OF A NEW SECTION 31-1614,
IDAHO CODE, TO PROHIBIT A COUNTY
4
GOVERNMENT FROM EXPENDING FUNDS
TO A PROVIDER OF
ABORTION
AND TO PRO-
5
VIDE EXCEPTIONS; AMENDING CHAPTER 10, TITLE 50,
IDAHO CODE, BY THE
6
ADDITION OF A NEW SECTION 50-1050,
IDAHO CODE, TO PROHIBIT
A CITY GOV-
7
ERNMENT FROM EXPENDING FUNDS
TO A PROVIDER OF
ABORTION
AND TO PROVIDE
8
EXCEPTIONS; AMENDING CHAPTER 35, TITLE 67,
IDAHO CODE, BY THE ADDITION
9
OF A NEW SECTION 67-3533,
IDAHO CODE, TO PROHIBIT THE STATE GOVERNMENT
10
FROM EXPENDING FUNDS
TO A PROVIDER OF
ABORTION
AND TO PROVIDE EXCEP-
11
TIONS; AMENDING CHAPTER 4, TITLE 39,
IDAHO CODE, BY THE ADDITION OF
A NEW
12
SECTION 39-427,
IDAHO CODE, TO PROHIBIT A PUBLIC HEALTH DISTRICT FROM
13
EXPENDING FUNDS
TO A PROVIDER OF
ABORTION
AND TO PROVIDE EXCEPTIONS; AND
14
PROVIDING SEVERABILITY.
15
Be It Enacted by the Legislature of the State of
Idaho:
16
SECTION 1. That Chapter 16, Title 31,
Idaho Code, be, and the same is
17
hereby amended by the addition thereto of a NEW SECTION, to be known and des-
18
ignated as Section 31-1614,
Idaho Code, and to read as follows:
19
31-1614. DISTRIBUTION OF PUBLIC MONEYS TO PROVIDERS OF
ABORTION
PRO-
20
HIBITED. (1) A county government shall be prohibited from expending, or
21
in any way transferring, funds to any individual or organization that is a
22
provider of
abortion
as defined in section 18-604,
Idaho Code, notwithstand-
23
ing any other provision of federal law to the contrary.
24
(2) The prohibition in subsection (1) of this section shall not apply
25
to:
26
(a) Abortions eligible for public funding under circumstances where
27
the
abortion
is necessary to save the life of the woman, or in cases of
28
rape or incest as determined by the courts, or where no court determina-
29
tion has been made, if reported to a law enforcement agency; or
30
(b) Any claims for public funding for a service that was otherwise el-
31
igible for payment if such service was performed, billed, or authorized
32
prior to the effective date of this section.
33
SECTION 2. That Chapter 10, Title 50,
Idaho Code, be, and the same is
34
hereby amended by the addition thereto of a NEW SECTION, to be known and des-
35
ignated as Section 50-1050,
Idaho Code, and to read as follows:
36
50-1050. DISTRIBUTION OF PUBLIC MONEYS TO PROVIDERS OF
ABORTION
PRO-
37
HIBITED. (1) A city government shall be prohibited from expending, or in any
38
way transferring, funds to any individual or organization that is a provider
39
of
abortion
as defined in section 18-604,
Idaho Code, notwithstanding any
40
other provision of federal law to the contrary.
1
(2) The prohibition in subsection (1) of this section shall not apply
2
to:
3
(a) Abortions eligible for public funding under circumstances where
4
the
abortion
is necessary to save the life of the woman, or in cases of
5
rape or incest as determined by the courts, or where no court determina-
6
tion has been made, if reported to a law enforcement agency; or
7
(b) Any claims for public funding for a service that was otherwise el-
8
igible for payment if such service was performed, billed, or authorized
9
prior to the effective date of this section.
10
SECTION 3. That Chapter 35, Title 67,
Idaho Code, be, and the same is
11
hereby amended by the addition thereto of a NEW SECTION, to be known and des-
12
ignated as Section 67-3533,
Idaho Code, and to read as follows:
13
67-3533. DISTRIBUTION OF PUBLIC MONEYS TO PROVIDERS OF
ABORTION
PRO-
14
HIBITED. (1) The state government shall be prohibited from expending, or
15
in any way transferring, funds to any individual or organization that is a
16
provider of
abortion
as defined in section 18-604,
Idaho Code, notwithstand-
17
ing any other provision of federal law to the contrary.
18
(2) The prohibition in subsection (1) of this section shall not apply
19
to:
20
(a) Abortions eligible for public funding under circumstances where
21
the
abortion
is necessary to save the life of the woman, or in cases of
22
rape or incest as determined by the courts, or where no court determina-
23
tion has been made, if reported to a law enforcement agency; or
24
(b) Any claims for public funding for a service that was otherwise el-
25
igible for payment if such service was performed, billed, or authorized
26
prior to the effective date of this section.
27
SECTION 4. That Chapter 4, Title 39,
Idaho Code, be, and the same is
28
hereby amended by the addition thereto of a NEW SECTION, to be known and des-
29
ignated as Section 39-427,
Idaho Code, and to read as follows:
30
39-427. DISTRIBUTION OF PUBLIC MONEYS TO PROVIDERS OF
ABORTION
PRO-
31
HIBITED. (1) A public health district shall be prohibited from expending, or
32
in any way transferring, funds to any individual or organization that is a
33
provider of
abortion
as defined in section 18-604,
Idaho Code, notwithstand-
34
ing any other provision of federal law to the contrary.
35
(2) The prohibition in subsection (1) of this section shall not apply
36
to:
37
(a) Abortions eligible for public funding under circumstances where
38
the
abortion
is necessary to save the life of the woman, or in cases of
39
rape or incest as determined by the courts, or where no court determina-
40
tion has been made, if reported to a law enforcement agency; or
41
(b) Any claims for public funding for a service that was otherwise el-
42
igible for payment if such service was performed, billed, or authorized
43
prior to the effective date of this section.
44
SECTION 5. SEVERABILITY. The provisions of this act are hereby declared
45
to be severable, and if any provision of this act or the application of such
46
provision to any person or circumstance is declared invalid for any reason,
1
such declaration shall not affect the validity of the remaining portions of
2
this act.