From Deseret News archives:

Abortion bill likely to be on agenda

Walker willing to include changes in the special session

Published: Friday, May 28, 2004 11:23 a.m. MDT
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The problems caused by abortion restrictions passed earlier this year will probably be addressed during the next special session of the Utah Legislature.

Gov. Olene Walker said Thursday that she would be willing to include the abortion bill on the agenda for the session if the sponsor, Sen. Curtis Bramble, R-Provo, has changes to propose. She also said that the timing of the session could be adapted to fit either the immediacy of problems or to allow time to work out kinks in the bill.

The measure by Bramble severely restricts the performance of abortions in facilities that receive any type of public funding.

While it allows the procedure in the case of rape or incest or if the mother's health is in substantial jeopardy, the bill failed to take into account those circumstances when there are grave fetal deformities.

Because of that, a Roy couple could not use the doctor or facility of their choice but instead had to go to a clinic. The fetus suffered from a condition in which its organs were growing outside its body and doctors said it would not live past birth.

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Walker said that the problems with the measure have surprised her because she spoke with hospital administrators and medical organizations about the bill during the 2004 general session. Because of the assurances from those groups, she felt comfortable signing the bill.

"I checked with the hospitals and associations to see if they had any concerns, and I felt they were OK with it," she said during her monthly KUED news conference. "Obviously, as they have gotten further into it, they (administrators and associations) have found problems."

Although Walker said she is willing to put it on the special session "call" and adjust the timing if needed, she said it would be up to Bramble to propose the needed corrections. On Thursday, the senator said he'd spoken with Walker and agrees crucial fixes are in order.

While he believes the general concerns of health-care providers can be addressed via state Health Department policy without changing the law, there's still some changes that need to be made.

"A woman with fatal fetal deformities who can't afford to pay — the state would be barred from providing any funding" if the law isn't changed, he said.

Bramble said the heath department is drafting a letter he believes will allow hospitals to reinstate the procedure without fear of losing any public money.

IHC spokesman Daron Cowley said he is hopeful a special session will address providers' concerns.

"We feel it is appropriate that this law be clarified," he said. "We are appreciative of government leaders who are willing to address this issue."

Along with the abortion bill, Walker reiterated that the Legislature would probably be addressing the Carson Smith Special Needs Scholarship, which was the core of HB115, a bill the governor vetoed. However, she left the $1.4 million for the scholarship in the budget, and has proposed allowing the State Office of Education to determine how the money is spent.

She identified no other issues which might also be included, although there have been other requests, such as a tax exemption for National Guard or Army Reserve soldiers called to active duty. She doubted that any bill dealing with new budget monies would be considered, however.

"It's very difficult to put budget issues on a special session," she said. "But anytime you announce a special session, there are plenty of issues you didn't know about."


E-mail: jloftin@desnews.com; amyjoi@desnews.com

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