Bill shielding 20-week fetus clears House

Cutoff sought for abortions

State Rep. Greg Leding speaks against a bill that would ban most abortions after 20 weeks of pregnancy. Rep. Andy Mayberry (top) joined most of his colleagues in supporting the anti-abortion legislation Monday at the state Capitol.
State Rep. Greg Leding speaks against a bill that would ban most abortions after 20 weeks of pregnancy. Rep. Andy Mayberry (top) joined most of his colleagues in supporting the anti-abortion legislation Monday at the state Capitol.

— The Arkansas House of Representatives voted overwhelmingly Monday to criminalize abortions performed 20 or more weeks after conception.

It also voted to end the state’s total ban on concealed handguns in churches.

The House also considered new restrictions on sex offenders and which public officials should publicly release information about their finances.

House Bill 1037 by Rep. Andy Mayberry, R-Hensley, would make it a Class D felony to perform an abortion 20 or more weeks after conception. The bill has an exemption if the mother’s health or life is in danger. It also states that a doctor who performs an abortion after 20 weeks should do it in such a way that gives the fetus an opportunity to survive. The bill doesn’t describe that process. A Class D felony is punishable by up to six years in prison, a fine of up to $10,000 or both.

According to the Arkansas Department of Health,48 of the 4,033 abortions performed in the state in 2011, or 1.19 percent, occurred after 20 weeks.

“It’s dozens of lives, and your vote is very important,” Mayberry told the members. He said that some abortions are done at this stage because of diagnosed disabilities such as spina bifida or Down’s syndrome.

“We’re saying that their life is not of the same value as ours just because they were born differently,” he said.

Rep. Greg Leding, D-Fayetteville, said the bill would force a woman to continue with a pregnancy even when the fetus has insurmountable health problems.

“Such an agonizing decision should be left to a mother and a father, their doctor and their God,” Leding said. He said that if he and his wife were faced with such a decision, “the last thing we would do is ask for a show of hands as to what we should do.”

Referring to the automated voting systems that House members use, Leding said: “It’s easy to sit in this room and push a button far removed from the harsh light of a hospital hallway. Life is not easy.”

The bill next goes to the Senate, which last week passed its own abortion bill, which bans the procedure if the fetus has a heartbeat.

The American Civil Liberties Union and Planned Parenthood say the House bill is unconstitutional and promise to launch a court challenge if it becomes law.

GUNS

Also Monday, House members voted 85-8 to allow congregations to decide whether to allow people to carry concealed weapons on church property.

Citing the Second Amendment, the legislation states: “A person should be allowed to carry a firearm in a church that permits the carrying of a firearm for personal security.”

Rep. Nate Bell, R-Mena, stressed that Senate Bill 71 by Sen. Bryan King, R-Berryville, does not remove churches from the list of places where it is illegal to carry a concealed weapon.

“This bill merely provides an exemption for those churches that need security,” he said. “Those who wish to continue as they currently are do nothing.”

Bell said insurance liability policies for churches should not increase because of the law change. He said 40 other states allow concealed weapons in church.

The bill was amended in the House and returns to the Senate for another vote.

Gov. Mike Beebe spokesman Matt DeCample said the governor plans to sign the bill but may want more legislation to clarify matters of liability.

ABORTION INSURANCE

In other business, House members voted 77-15 to approve House Bill 1100 by Rep. Butch Wilkins, D-Bono, that would block abortion coverage from insurance plans sold on the insurance exchange, a marketplace for health coverage created by the federal Affordable Care Act in 2010, which goes into effect in 2014.

Under the bill, women who want abortion coverage would have to pay extra for a special policy not subsidized by the government.

FINANCIAL RECORDS

The House voted 92-0 with two abstentions to pass a bill to require members of advertising and promotion commissions and members of research park authority boards to file a statement of financial interest with the government.

Rep. David Whitaker, D-Fayetteville, sponsored House Bill 1034 and said he felt the members of the commissions should be added because they do business with public money.

SEX OFFENDERS

The House voted 90-0 with one abstention to approve a bill barring certain sex offenders from entering a swimming area or a children’s playground in any Arkansas state park.

Senate Bill 12 would make it a Class D felony for Level 3 or Level 4 sex offenders to enter such state park areas.

Sex offenders are graded Level 1 through 4 with Levels 3 and 4 posing the highest risk.

The House also voted 92-0 to approve Senate Bill 56, sponsored by Sen. Jon Woods, R-Springdale, which would require sex offenders who relocate to the state to pay a $250 fee within 90 days of registration.

Sex offenders convicted in the state already pay the fee.

DeCample said the governor will sign both bills.

MCDANIEL’S PRIORITIES

Also Monday, Attorney General Dustin McDaniel announced his legislative priorities for the 2013 legislative session.

Matters he plans to support include harsher penalties for human trafficking; a new state law detailing execution procedures; a prohibition against a convicted rapist asserting parental rights over a child conceived through rape; changes to the process and procedures of collecting signatures for ballot proposals; and criminal background checks for people seeking elected office.

VOTER ID

Sen. Bryan King, R-Berryville, told the Legislative Black Caucus on Monday that he believes that the bill and constitutional amendment he has filed will preserve the integrity of Arkansas elections.

Under Arkansas Code Annotated 7-5-305, poll workers may ask a voter for a photo identification card or “a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the voter.”

If the voter doesn’t have any of those documents, he’s still allowed to vote, but the poll worker notes on the voter registration list that the voter didn’t provide identification.

Senate Bill 2 would require anyone voting in person to present photo identification; and if voting by mail, to present a copy of photo identification or a current utility bill, paycheck or government document that shows the name and address of the voter. It exempts certain people who live in assisted-living facilities and would require the secretary of state to provide identification to people who don’t have valid Arkansas driver’s licenses.

Senate Joint Resolution 1 would amend the Arkansas Constitution to require the Legislature to pass laws making voters present photo identification. The secretary of state would be required to help county clerks issue identification cards to people who do not have them. The amendment would require those who do not present identification to verify their identities later to have their ballots counted.

Caucus Co-Chairman Rep. Fred Love, D-Little Rock, said the 15 caucus members have not taken a position on the legislation.

Front Section, Pages 1 on 02/05/2013

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