LGC 12.9 - Amendment to LGC 11.54 - Failed

[Attorney General, LGC Speaker, and Former PPT Dwarven Dragon]

Amendment to LGC 11.54

Reproductive Health Reform Act

to protect the right of women to access safe and legal abortion services

Section I: Repeal

1. L.C. 10.11: Lincoln Pain-Capable Abortion Prohibition and Born Alive Survivor Protection Act Ban is hereby repealed.

Section II: Reform

2. L.C. 6.21: Consolidate Laws of Lincoln Omnibus Act, Title 6, Section 7 shall be amended as follows: by adding the following text:

Section 7. Abortion services

(a) In general. —

A licensed or certified health care practitioner acting within his or her lawful scope of practice may perform an abortion when, according to the practitioner's reasonable and professional judgement that —
(1) the patient is within twenty-four weeks from the commencement of pregnancy; or
(2) there is an absence of fetal viability; or
(2) (3) the abortion is necessary to protect the patient's life or physical health.

(bc) Protections. —

When any person has had a judgment entered against them, in any region where liability, in whole or in part, is based on the provision for reproductive health care services that are permitted under the laws of this region, such person may recover damages from any party that brought or sought to enforce the action leading to that judgment.

(1) Recoverable damages shall include:
(i)Damages created by the action that led to that judgment.
(ii)Expenses and attorney's fees spent in defending the action that resulted in the judgement's entry.

(2) Medical records and communications related to reproductive health may not be released without written consent of the patient or patient's legal representative.
(i)This shall not be construed to impede the sharing of medical records as permitted by regional or federal law.

(3) No judge or court justice may issue a subpoena requested by a commissioner appointed according to the laws of any other region or government when that subpoena related to reproductive health care services that are permitted under the laws of this region.

(4) No judge may issue a summons in a case where prosecution is pending, or where a grand jury investigation has commenced, for a criminal violation involving reproductive health care services that are permitted under the laws of this region.

(5) No Part of this legislation shall be construed to prohibit the prosecution for the provision of any service within Lincoln prohibited under the laws of Lincoln, or to allow Lincoln to take jurisdiction over the laws of any other region, or to ignore the lawful extradition order of another region.

(6) Except for use in Abortions, legally performed, in cases of rape, incest, or life of the mother, the Lincoln Government shall not accept any federal money designed to fund the performance of abortions. Nor shall it re-direct other federal funds, or use its own funds, to fund the performance of abortions, except in the three cases just noted. This shall not be construed to deny the citizenry the right to obtain and provide abortions legal under Lincoln statute, it merely mostly prohibits the use of federal or regional government funds in doing so.

Section III: Implementation

1. This act takes effect 60 days following signing by the Governor.

Occupying: Slot 3 of 10
Sponsor: Speaker Dwarven Dragon

[Attorney General, LGC Speaker, and Former PPT Dwarven Dragon]

This legislation will restore Lincoln's long-standing 20 week abortion ban, which was approved at referendum by nearly two-thirds of those who voted. It also enshrines Hyde protections already included in our 2023 budget into permanent statute.

It retains the protections enacted by LGC 11.54 for those, citizens of our region or not,  who obtain those abortion services that are legal in our region. Even under this proposed legislation, access to many abortions that are prohibited in the South remain legal in Lincoln, and Lincoln will continue to welcome that business and resulting boost for our entire economy. However, it adds important clarifications to ensure we do not step beyond our constitutional bounds or the restrictions of LGC 10.11.

[Pyro]

By eliminating Section I of the Reproductive Health Reform Act, this proposal will reintroduce a wide range of detestable, criminal penalties for doctors. As stated when debating this topic previously, L.C. 10.11 has language designed to intimidate doctors for performing legal reproductive procedures. Once more, abortion is safe in Lincoln, and we must reassure patients and medical professionals of this fact.

The proposed addition of Section 7c6 introduces yet another needless restriction on reproductive care services in Lincoln. To mandate that women pay out of pocket for basic, legal healthcare services is nothing less than outrageous. If and when reproductive care is covered by AtlasCare, or any supplemental regional plans, it is absurd to deny patients these funds. No one should be denied coverage for inability to pay.

[GM Team Member and Senator WB]

I can't support this.

[Attorney General, LGC Speaker, and Former PPT Dwarven Dragon]

Motion for a final vote

[GM Team Member and Senator WB]

Objecting.

[Attorney General, LGC Speaker, and Former PPT Dwarven Dragon]

Question is on the motion to proceed to a final vote.

[GM Team Member and Senator WB]

Nay

[Vice President Christian Man]

Abstain

[ZMUN M441]

Abstain

[FairBol]

Aye. 

[Attorney General, LGC Speaker, and Former PPT Dwarven Dragon]

Tiebreaker: Aye

A two-thirds simple majority having been achieved, 2-1-2, the motion is agreed to.

Question is on passage of the legislation.

[FairBol]

Aye on final passage. 

[Vice President Christian Man]

Abstain

[GM Team Member and Senator WB]

Nay

[ZMUN M441]

Nay

[Attorney General, LGC Speaker, and Former PPT Dwarven Dragon]

Fails 1-2-1