HTML Raw Codes HOUSE BILL NO.525 (2020) - Public moneys, abortion
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LEGISLATURE OF THE STATE OF IDAHO
Sixty-fifth Legislature
Second Regular Session - 2020
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 525
BY STATE AFFAIRS COMMITTEE
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AN ACT
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RELATING TO PUBLIC MONEYS; AMENDING CHAPTER 16, TITLE 31, IDAHO CODE, BY
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THE ADDITION OF A NEW SECTION 31-1614, IDAHO CODE, TO PROHIBIT A COUNTY
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GOVERNMENT FROM EXPENDING FUNDS TO A PROVIDER OF Previous DocumentABORTIONNext Hit AND TO PRO-
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VIDE EXCEPTIONS; AMENDING CHAPTER 10, TITLE 50, IDAHO CODE, BY THE
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ADDITION OF A NEW SECTION 50-1050, IDAHO CODE, TO PROHIBIT A CITY GOV-
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ERNMENT FROM EXPENDING FUNDS TO A PROVIDER OF Previous Hit ABORTIONNext Hit AND TO PROVIDE
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EXCEPTIONS; AMENDING CHAPTER 35, TITLE 67, IDAHO CODE, BY THE ADDITION
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OF A NEW SECTION 67-3533, IDAHO CODE, TO PROHIBIT THE STATE GOVERNMENT
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FROM EXPENDING FUNDS TO A PROVIDER OF Previous Hit ABORTIONNext Hit AND TO PROVIDE EXCEP-
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TIONS; AMENDING CHAPTER 4, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW
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SECTION 39-427, IDAHO CODE, TO PROHIBIT A PUBLIC HEALTH DISTRICT FROM
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EXPENDING FUNDS TO A PROVIDER OF Previous Hit ABORTIONNext Hit AND TO PROVIDE EXCEPTIONS; AND
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PROVIDING SEVERABILITY.
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Be It Enacted by the Legislature of the State of Idaho:
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SECTION 1. That Chapter 16, Title 31, Idaho Code, be, and the same is
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hereby amended by the addition thereto of a NEW SECTION, to be known and des-
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ignated as Section 31-1614, Idaho Code, and to read as follows:
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31-1614. DISTRIBUTION OF PUBLIC MONEYS TO PROVIDERS OF Previous Hit ABORTIONNext Hit PRO-
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HIBITED. (1) A county government shall be prohibited from expending, or
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in any way transferring, funds to any individual or organization that is a
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provider of Previous Hit abortionNext Hit as defined in section 18-604(1), Idaho Code, notwith-
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standing any other provision of federal law to the contrary.
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(2) The prohibition in subsection (1) of this section shall not apply
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to:
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(a) Abortions eligible for public funding under circumstances where
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the Previous Hit abortionNext Hit is necessary to save the life of the woman, or in cases of
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rape or incest as determined by the courts, or where no court determina-
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tion has been made, if reported to a law enforcement agency;
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(b) Any claims for public funding for a service that was otherwise el-
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igible for payment if such service was performed, billed, or authorized
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prior to the effective date of this section; or
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(c) Any hospital as defined in section 18-604(6), Idaho Code, that
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performs an Previous Hit abortionNext Hit due to a medical emergency as defined in section
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18-604(8), Idaho Code, or due to failure of the fetus to remain viable as
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described in section 18-604(14), Idaho Code.
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SECTION 2. That Chapter 10, Title 50, Idaho Code, be, and the same is
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hereby amended by the addition thereto of a NEW SECTION, to be known and des-
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ignated as Section 50-1050, Idaho Code, and to read as follows:
2
1
50-1050. DISTRIBUTION OF PUBLIC MONEYS TO PROVIDERS OF Previous Hit ABORTIONNext Hit PRO-
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HIBITED. (1) A city government shall be prohibited from expending, or in any
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way transferring, funds to any individual or organization that is a provider
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of Previous Hit abortionNext Hit as defined in section 18-604(1), Idaho Code, notwithstanding any
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other provision of federal law to the contrary.
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(2) The prohibition in subsection (1) of this section shall not apply
7
to:
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(a) Abortions eligible for public funding under circumstances where
9
the Previous Hit abortionNext Hit is necessary to save the life of the woman, or in cases of
10
rape or incest as determined by the courts, or where no court determina-
11
tion has been made, if reported to a law enforcement agency;
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(b) Any claims for public funding for a service that was otherwise el-
13
igible for payment if such service was performed, billed, or authorized
14
prior to the effective date of this section; or
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(c) Any hospital as defined in section 18-604(6), Idaho Code, that
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performs an Previous Hit abortionNext Hit due to a medical emergency as defined in section
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18-604(8), Idaho Code, or due to failure of the fetus to remain viable as
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described in section 18-604(14), Idaho Code.
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SECTION 3. That Chapter 35, Title 67, Idaho Code, be, and the same is
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hereby amended by the addition thereto of a NEW SECTION, to be known and des-
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ignated as Section 67-3533, Idaho Code, and to read as follows:
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67-3533. DISTRIBUTION OF PUBLIC MONEYS TO PROVIDERS OF Previous Hit ABORTIONNext Hit PRO-
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HIBITED. (1) The state government shall be prohibited from expending, or
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in any way transferring, funds to any individual or organization that is a
25
provider of Previous Hit abortionNext Hit as defined in section 18-604(1), Idaho Code, notwith-
26
standing any other provision of federal law to the contrary.
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(2) The prohibition in subsection (1) of this section shall not apply
28
to:
29
(a) Abortions eligible for public funding under circumstances where
30
the Previous Hit abortionNext Hit is necessary to save the life of the woman, or in cases of
31
rape or incest as determined by the courts, or where no court determina-
32
tion has been made, if reported to a law enforcement agency;
33
(b) Any claims for public funding for a service that was otherwise el-
34
igible for payment if such service was performed, billed, or authorized
35
prior to the effective date of this section; or
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(c) Any hospital as defined in section 18-604(6), Idaho Code, that
37
performs an Previous Hit abortionNext Hit due to a medical emergency as defined in section
38
18-604(8), Idaho Code, or due to failure of the fetus to remain viable as
39
described in section 18-604(14), Idaho Code.
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SECTION 4. That Chapter 4, Title 39, Idaho Code, be, and the same is
41
hereby amended by the addition thereto of a NEW SECTION, to be known and des-
42
ignated as Section 39-427, Idaho Code, and to read as follows:
43
39-427. DISTRIBUTION OF PUBLIC MONEYS TO PROVIDERS OF Previous Hit ABORTIONNext Hit PRO-
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HIBITED. (1) A public health district shall be prohibited from expending, or
45
in any way transferring, funds to any individual or organization that is a
46
provider of Previous Hit abortionNext Hit as defined in section 18-604(1), Idaho Code, notwith-
47
standing any other provision of federal law to the contrary.
3
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 Previous Hit abortionNext Hit 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;
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; or
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(c) Any hospital as defined in section 18-604(6), Idaho Code, that
11
performs an Previous Hit abortionNext Document due to a medical emergency as defined in section
12
18-604(8), Idaho Code, or due to failure of the fetus to remain viable as
13
described in section 18-604(14), Idaho Code.
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SECTION 5. SEVERABILITY. The provisions of this act are hereby declared
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to be severable, and if any provision of this act or the application of such
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provision to any person or circumstance is declared invalid for any reason,
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such declaration shall not affect the validity of the remaining portions of
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this act.