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Greetings,
Reproductive Healthcare and Justice in the
Montana Legislature
2009 End-of-Session
Update
During Montana’s
61st legislative session, Planned Parenthood and
partners defeated an unprecedented number of anti-choice bills
while making some small gains in our prevention agenda. This
year, Planned Parenthood supported seven pro-active bills that
passed both the House and Senate and were signed into law by the
Governor. These bills range in scope from HIV testing protocol
to expanding rural pharmacy access to protecting essential
family planning funding in the state’s budget. Following
is a summary of pro-active bills that have now become law and
the anti-choice bills defeated this legislative
session.
Pro-active
legislation passed and signed into
law:
HB 307 – Rep. Don Roberts
(R-Billings) Allows licensed medical practitioners to dispense
drugs if there is no local pharmacy in the community or if the
pharmacy does not stock or dispense the drug. This bill was
signed by the Governor on April 6, 2009.
HB 372 - Rep. Franke Wilmer
(D-Bozeman) Provides that a judge may grant an 1 year deferral
from jury duty for breastfeeding mothers or other persons with a
full time dependent. This bill was signed by the Governor on
April 6, 2009.
SB 350 - Sen. Kim Gillan
(D-Billings) Incorporates CDC guidelines for routine HIV testing
for pregnant women, and makes HIV testing a standard component
of prenatal care. This bill was signed by the Governor on April
24, 2009.
HB 214 – Rep. Margie McDonald
(D-Billings) Expands Medicaid coverage for pregnant women. This
bill was signed by the Governor on April 6,
2009.
HB 2 – Rep. Jon Sesso
(D-Butte) Family Planning funding for contraceptives and
authority for Medicaid to develop a family planning program is
currently included in the state’s biennial budget. The
budget will be approved by the Governor in the coming
weeks.
SJ 26 – Sen. Carol Juneau
(D-Browning). A Senate Joint Resolution to Honor native women by
stopping violence. Filed with Secretary of State on April 6,
2009.
SB 424 – Sen. Greg Barkus
(R-Kalispell). Control the disposal of mercury thermostats. PP
supported at the request of a coalition partner. This bill was
signed by the Governor on April 17, 2009.
Anti-Choice
Legislation Defeated – an unprecedented number of
anti-choice bills:
The majority of the anti-choice legislation that
passed through the Senate died in the House Judiciary Committee.
Despite right-wing attempts to blast 6 of 7 anti-choice bills
out of committee and on to the House floor for a full vote,
every anti-choice bill introduced this session was defeated.
SB 46 – Sen. Dan McGee
(R-Billings) Weakens the Montana Constitution’s right to
privacy to say the state has a compelling interest in protecting
the lives of the unborn. This bill died in House Judiciary and a
blast motion failed on the House floor.
SB 374 – Sen. Gary Perry
(R-Bozeman) Requires a minor accessing abortion care to request
judicial bypass if they cannot inform a parent or legal guardian
of their decision. This bill is still unconstitutional as it
does not differ in substance from the parental notification law
that was permanently enjoined by the 1st District
Court in 1999. This bill died in House Judiciary and a blast
motion failed on the House floor.
SB 142 – Sen. Gary Perry
(R-Bozeman) Would allow insurance companies to discriminate in
pricing based gender. This would skyrocket health insurance
costs for women, who are more frequent users of health
insurance, and would allow insurance companies to require
additional riders for maternity coverage. This bill passed the
Senate on a 27-23 vote. This bill died in House Business and
Labor Committee and a blast motion failed on the House
floor.
SB 406 – Sen. Dan McGee
(R-Billings) An exact replica of the failed ballot initiative,
CI-100, this bill will amend the Montana Constitution to define
life beginning at conception and afford all rights guaranteed
under the Montana Constitution from the moment of fertilization.
This bill died in House Judiciary and a blast motion failed on
the House floor.
SB 327 – Sen. Aubyn Curtiss
(R-Eureka) This bill amends four
criminal statutes related to homicide and assault to include
acts against an “unborn child,” creating crimes
separate and distinct from acts of violence committed against
pregnant women. States that currently have statutes similar to
those proposed in SB 327 show the statutes not utilized,
difficult to prosecute, and rarely result in a conviction. In contrast, states
whose statutes focus on the violence against the pregnant woman
find it easier to prosecute and obtain convictions. This bill
died in House Judiciary and a blast motion failed on the House
floor.
HB 661 – Rep. Joel Boniek
(R-Livingston) This bill singles out
abortion clinics and providers for unnecessary, politically
motivated, restrictive regulations and licensing. This bill is
unnecessary as all medical providers, including abortion
providers, already comply with a number of federal and state
regulations. In addition to singling out abortion providers for
additional and unnecessary regulation burdens, HB 661 would
affect 99% of OB/GYN providers in the state. HB 661 could
implicate procedures regularly provided by OB/GYNs for
miscarriage management and ectopic pregnancies. This bill died
in House Judiciary and a blast motion failed on the House
floor.
SB 497 – Sen. Jim Shockley
(R-Victor) This bill was poorly developed in response to an
unsubstantiated claim of obstructing a protester outside
Missoula’s Blue Mountain
Clinic. In addition to confusing language that could inhibit
patient and employee access to clinics, this bill ignored
existing statutes that protect protestors from harm and their
right of free speech. This bill died in House
Judiciary.
Pro-choice
measure defeated at the 11th
hour:
HB 676 & HB 2 Amendments –
Removed language and appropriation permitting contraceptive
coverage for CHIP enrollees from HB 676 and HB 2 respectively.
Despite 5 sessions worth of advocacy and bi-partisan support in
2009, the language and funding to provide contraceptive coverage
under CHIP were eliminated as part of the budget deal brokered
between the House and Senate.
Thank you
again for your diligence and energy in calling legislators
throughout the session! The victories of this session could
not have been achieved without
you!
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