Assigned to GOV & FS                                                                                               AS PASSED BY THE SENATE

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

AMENDED

FACT SHEET FOR S.B. 1325

public funds; abortion; prohibition

Purpose

Prohibits the expenditure of public funds to pay the costs associated with a health insurance plan that covers abortion-related services. 

Background

            Statute prohibits the expenditure of public funds, tax monies of the state or a political subdivision, or federal funds passed through the state or a political subdivision to pay for the performance of any abortion, unless the abortion is necessary to save the life of the woman (A.R.S.§ 35-196.02).  In 2002, the Arizona Supreme Court ruled that under the Arizona Constitution, the state could not refuse to pay for medically necessary abortions for indigent women whose health was endangered by pregnancy, where it had already funded abortions for indigent women whose lives were endangered.  Simat Corp v. Arizona Health Care Cost Containment System, 203 Ariz. 454, 56 P.3d 28. Federal law prohibits the use of federal funds for abortions except in cases of life endangerment, rape or incest (P.L. 105-78).  State Medicaid programs are required to fund abortions meeting those exceptions as a condition of obtaining federal funds. 

            According to the National Conference of State Legislatures, at least thirty-three states prohibit state funding for abortions, except in cases of life endangerment, rape, incest or other selected circumstances.  Eleven of those thirty-three states also restrict abortion coverage in public employee insurance policies or other cases where public funds are used to insure employees.  Among those eleven states, two prohibit abortion coverage, three provide abortion coverage only when the woman’s life is endangered and six provide abortion coverage when life or health is endangered and in cases of rape, incest or fetal abnormality.

            The fiscal impact of this legislation is unclear at this time.

Provisions

1. Prohibits the use of public funds or tax monies of the state or any political subdivision to pay the costs associated with a health insurance policy, contract or plan that provides benefits related to the performance of any abortion, except an abortion that is necessary to either save the life of the woman, or avert substantial and irreversible impairment of a major bodily function.

2. Makes a technical change.

3. Becomes effective on the general effective date.

Amendments Adopted by Committee of the Whole

· Exempts abortions necessary to avert substantial and irreversible impairment of a major bodily function from the prohibition.

Senate Action

GOV               2/9/06     DP     4-2-1

FS                    2/13/06   DP    5-0-0

3^rd Read           3/2/06               17-12-1

Prepared by Senate Research

March 3, 2006

KM/ac