BILL REQ. #:  S-0161.1 

Read first time 01/20/11.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to limiting public funding for abortions; amending RCW 9.02.100, 9.02.110, and 9.02.140; adding a new section to chapter 9.02 RCW; repealing RCW 9.02.160; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 9.02 RCW to read as follows:
     (1) Public funds shall not be used by the state or local governments, or any political subdivision or agency thereof, to pay or otherwise reimburse, either directly or indirectly, any person, agency, organization, or facility for the performance of any induced abortion.
     (2) Subsection (1) of this section does not apply under the following circumstances:
     (a) Where the abortion is necessary to prevent the death of either the pregnant woman or her unborn child under circumstances where every reasonable effort is made to preserve the life of each;
     (b) Where, on the basis of a physician's reasonable, good-faith clinical judgment, a medical emergency exists that so complicates the medical condition of a pregnant woman or her unborn child as to necessitate the immediate abortion of her pregnancy for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman or her unborn child under circumstances where every reasonable effort is made to preserve the life and health of each;
     (c) Where the pregnancy is a result of any offense involving sexual intercourse as defined in RCW 9A.44.010 and where the offense has been reported to a law enforcement agency within seven days from the time the offense occurred; or
     (d) Where it is otherwise required by federal law as determined to be binding on the state of Washington by a court of competent jurisdiction.

Sec. 2   RCW 9.02.100 and 1992 c 1 s 1 are each amended to read as follows:
     The sovereign people hereby declare that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions.
     Accordingly, it is the public policy of the state of Washington that:
     (1) Every individual has the fundamental right to choose or refuse birth control;
     (2) Every woman has the fundamental right to choose or refuse to have an abortion, except as specifically limited by RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902;
     (3) Except as specifically permitted by RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902, the state shall not deny or interfere with a woman's fundamental right to choose or refuse to have an abortion; and
     (4) Except under section 1 of this act, the state shall not discriminate against the exercise of these rights in the regulation or provision of benefits, facilities, services, or information.

Sec. 3   RCW 9.02.110 and 1992 c 1 s 2 are each amended to read as follows:
     Except under section 1 of this act, the state may not deny or interfere with a woman's right to choose to have an abortion prior to viability of the fetus, or to protect her life or health.
     A physician may terminate and a health care provider may assist a physician in terminating a pregnancy as permitted by this section.

Sec. 4   RCW 9.02.140 and 1992 c 1 s 5 are each amended to read as follows:
     Except under section 1 of this act, any regulation promulgated by the state relating to abortion shall be valid only if:
     (1) The regulation is medically necessary to protect the life or health of the woman terminating her pregnancy((,)); and
     (2) The regulation is consistent with established medical practice((, and
     (3) Of the available alternatives, the regulation imposes the least restrictions on the woman's right to have an abortion as defined by RCW 9.02.100 through 9.02.170 and 9.02.900 through 9.02.902)).

NEW SECTION.  Sec. 5   RCW 9.02.160 (State-provided benefits) and 1992 c 1 s 7 are each repealed.

NEW SECTION.  Sec. 6   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.