HF 954

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; providing for grants and public
information related to positive abortion alternatives;
appropriating money; proposing coding for new law in
Minnesota Statutes, chapter 145.

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

Section 1. new text begin SHORT TITLE.
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new text begin This act may be cited as the "Positive Alternatives Act."
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Sec. 2.

new text begin [145.4231] POSITIVE ABORTION ALTERNATIVES.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this
section, the following terms have the meaning given:
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new text begin (1) "abortion" means the use of any means to terminate the
pregnancy of a woman known to be pregnant with knowledge that
the termination with those means will, with reasonable
likelihood, cause the death of the unborn child. For purposes
of this section, abortion does not include an abortion necessary
to prevent the death of the mother; and
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new text begin (2) "unborn child" means an individual organism of the
species Homo sapiens from fertilization until birth.
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new text begin Subd. 2. new text end

new text begin Eligibility for grants. new text end

new text begin (a) The commissioner of
health shall make grants to agencies or organizations for the
reasonable expenses of programs:
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new text begin (1) providing information on, referral to, and assistance
in securing the services of relevant existing programs or
agencies that assist women in carrying their pregnancies to term
or providing services that assist women in carrying their
pregnancies to term, including, but not limited to, agencies and
programs that provide:
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new text begin (i) medical attention for the pregnant woman for the
duration of her pregnancy;
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new text begin (ii) nutritional support services;
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new text begin (iii) housing assistance;
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new text begin (iv) adoption services;
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new text begin (v) education and employment assistance; and
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new text begin (vi) parenting education and support services; and
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new text begin (2) providing information or services to women, in person
and through community outreach, that encourage and assist women
in carrying their pregnancies to term.
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new text begin (b) To be eligible for a grant, an agency or organization
must:
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new text begin (1) be a private, nonprofit corporation;
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new text begin (2) demonstrate that the program is conducted under
appropriate supervision;
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new text begin (3) not charge women for services provided under the
program;
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new text begin (4) provide each pregnant woman counseled with accurate
information on the developmental characteristics of unborn
children, including offering the printed information described
in section 145.4243;
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new text begin (5) ensure that the program's sole purposes are to assist
and encourage women in carrying their pregnancies to term and to
maximize their potentials thereafter;
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new text begin (6) ensure that none of the funds provided are used to
encourage or counsel a woman to have an abortion not necessary
to prevent her death, to provide her such an abortion, or to
refer her for such an abortion; and
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new text begin (7) have had an alternatives to abortion program in
existence for at least one year as of July 1, 2005.
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new text begin (c) The provisions, words, phrases, and clauses of
paragraph (b) are inseverable from this subdivision, and if any
provision, word, phrase, or clause of paragraph (b) or the
application thereof to any person or circumstance is held
invalid, such invalidity shall apply to all of this subdivision.
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new text begin (d) Any organization or an affiliate of an organization
that provides abortions, promotes abortions, or directly refers
for abortions is ineligible to receive a grant under this
program.
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new text begin Subd. 3. new text end

new text begin Positive alternatives public information
campaign. new text end

new text begin (a) The commissioner of health shall develop and
carry out a statewide public information campaign to educate the
public about:
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new text begin (1) the scientifically accurate developmental
characteristics of the unborn child at various stages of
gestation, including the information described in section
145.4243, paragraph (a);
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new text begin (2) alternatives to having an abortion, including bringing
a child to term to parent or for adoption;
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new text begin (3) the availability and importance of prenatal care,
including how to obtain it;
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new text begin (4) the availability of adoption services, including how to
start the process of making an adoption plan; and
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new text begin (5) parenting and support services, including medical care,
nutrition information, counseling, job training and assistance,
education, and housing assistance.
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new text begin (b) The campaign may include the following, all of which
materials must be objective, nonjudgmental, and designed to
convey only accurate scientific information and must be designed
to reach populations of different languages and of different
social and economic backgrounds:
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new text begin (1) the preparation, publication, and dissemination of
information, pamphlets, brochures, and other reports;
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new text begin (2) the preparation, maintenance, and promotion of
informative Web sites; and
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new text begin (3) the preparation and dissemination of advertising.
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new text begin Subd. 4. new text end

new text begin Appropriations. new text end

new text begin $4,000,000 is appropriated
biannually to the commissioner of health to make grants
according to subdivision 2. $1,000,000 is appropriated
biannually to the commissioner of health to implement
subdivision 3.
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new text begin Subd. 5. new text end

new text begin Duties of commissioner. new text end

new text begin The commissioner of
health shall make grants under subdivision 2 beginning no later
than February 15, 2006, and biannually thereafter. The
commissioner shall monitor and review the programs of each
grantee to ensure that the grantee carefully adheres to the
purposes and requirements of subdivision 2 and shall cease
funding a grantee that fails to do so.
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new text begin Subd. 6. new text end

new text begin Severability. new text end

new text begin Except as provided in subdivision
2, paragraph (c), if any provision, word, phrase, or clause of
this section or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect
the provisions, words, phrases, clauses, or applications of this
section that can be given effect without the invalid provision,
word, phrase, clause, or application and to this end, the
provisions, words, phrases, and clauses of this section are
declared to be severable.
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new text begin Subd. 7. new text end

new text begin Supreme court jurisdiction. new text end

new text begin The Minnesota
Supreme Court has original jurisdiction over an action
challenging the constitutionality of this section and shall
expedite the resolution of the action.
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