Abortion-ban veto trumped in House vote

Senate weighing in today on bid to override Beebe

— With two Democrats and all 51 Republicans, the House of Representatives overrode on Wednesday the governor’s veto of a ban on most abortions after 20 weeks. The Senate will vote on the bill today, the Senate’s leader said.

On the 45th day of the 2013 legislative session, lawmakers also considered a ban on most abortions after 12 weeks, requiring photo identification to vote and rewarding whistle-blowers who save the state money.

Gov. Mike Beebe on Tuesday vetoed House Bill 1037 by Rep. Andy Mayberry, RHensley, calling it unconstitutional.

The bill bans abortion after 20 weeks except in cases of rape or incest, or to save the mother’s life or prevent catastrophic injury to her health or major bodily functions. The proposal prohibits abortions even if the fetus has catastrophic health problems.

Beebe and opponents have said the bill would violate the 1973 U.S. Supreme Court decision in Roe v. Wade, which found that women have a constitutional right - until late in a pregnancy - to obtain an abortion.

An attorney for the Arkansas chapter of the American Civil Liberties Union has said the group will sue the state to stop the bill if it becomes law.

Mayberry told members before the vote that he believes the bill is constitutional.

“I disagree with the governor,” Mayberry said. “We’re not passing bad law here,we’re passing good law.”

At least seven states have passed laws similar to the measure being considered in Arkansas. A federal appellate courtis considering Arizona’s law after it was upheld by a federal judge.

RELATED LINK

http://www.arkleg.s…">Information on HB1037, including House roll call on veto override

When the House voted to send the bill to the governor, 30 Democrats joined Republicans to pass the bill 80-10.

On Wednesday, all but two Democrats either voted against overturning the vetoor chose not to vote. Five of the six Democrats who sponsored the bill did not vote. Rep. Butch Wilkins, D-Bono, a cosponsor of the bill voted against overriding the veto.

Wilkins still supports the bill, but “I will not vote to override the governor on a situation where I believe he has more knowledge than I do,” he said after the vote. “If it comes down to the question of [the] constitutionality of it, I’ve got to rely on people I trust.”

Mayberry said he wasn’t sure what to expect Wednesday.

“It was a tighter vote than what I had hoped for, but [I’m] just very pleased that we did override the veto,” Mayberry said. “I’m certainly grateful to those two Democrats who did. It took a lot of courage.”

The bill was personal for Mayberry, who has sponsored it before. His daughter, Katie, was diagnosed with spina bifida while in the womb.

Democratic Reps. Jody Dickinson of Newport and John Catlett of Rover votedwith the chamber’s 51 Republicans.

Catlett said his constituents told him how to vote.

“I voted the way I thought the people back homewanted me to vote,” Catlett said. “I represent close to 30,000, and I felt like that’s how they wanted me to vote.”

He said he didn’t feel pressured to oppose the override by the governor or the state party.

“He feels strongly about the reason why he vetoed it,” Catlett said of Beebe. “He understands taking a stand for your voters. I’m quite confident he understands my stance.”

House Democratic Leader Greg Leding, D-Fayetteville, said he regrets that the House voted to overturn the governor’s decision.

“Obviously the governor had hoped that the body would have sustained his veto… but I think he was realistic in what would happen,” Leding said.

Senate President Pro Tempore Michael Lamoureux, RRussellville, said he expects the Senate to vote today to override the governor’s veto.

Overturning the veto takes a majority in both chambers. Republicans hold 21 of 35 Senate seats.

12-WEEK ABORTION BAN

Also Wednesday, legislation that would ban most abortions after 12 weeks cleared an Arkansas Senate committee.

In a 5-2 vote, the Senate Public Health, Welfare and Labor Committee sent Senate Bill 134, sponsored by Sen. Jason Rapert, R-Bigelow, to the Senate.

The bill would require women seeking an abortion after 12 weeks to get an abdominal ultrasound to determine whether the fetus has a heartbeat.

Rapert amended the original bill to allow abortions in cases of rape or incest, or when the fetus has a “highly lethal fetal disorder” and likely won’t survive long after birth.

Of the 4,033 abortions that occurred in Arkansas in 2011, 815 occurred at or after 12 weeks, according to the state Department of Health.

Afterward, Rapert said the best route would probably be for Beebe to let the bill become law without his signature “if that’s what he wants to do.

“But if he doesn’t [let it become law], then we’ll override the [veto] and it will become law in the state of Arkansas and we will be first in life in this nation,” he said.

Beebe declined to say whether he is considering allowing the bill to become law without his signature.

VOTER PHOTO ID

Also Wednesday, the House State Agencies and Governmental Affairs Committee delayed voting on a bill to require a voter to show photo identification before casting a ballot, after a committee member questioned how much it would cost for the state to make free identification cards for people who don’t have them.

Under current state law, poll workers ask for identifying documents, but voters are not required to show them.

Opponents of the bill, such as Pulaski County Circuit Judge Wendell Griffen, questioned why it is needed if there is only anecdotal proof that voter impersonation has occurred in Arkansas.

“If you have no facts of voters impersonation fraud, it makes no sense to presume every Arkansas voter is defrauding the state any time he or she votes,” Griffin said. “If this measure is passed, count on litigation being filed.”

A voter who could not provide identification would be allowed to vote by provisional ballot under Senate Bill 2, sponsored by Sen. Bryan King, R-Green Forest. The ballot would be counted only if the voter returned to the county board of election commissioners or county clerk by noon on the Monday after the election and presented photo identification.

Photo-identification cards would be made by county clerks at no cost for registered voters who don’t have other valid forms of identification. If enacted, it would be implemented only if the state has money to issue the voter-identification cards.

King has estimated that it would cost the state $300,000 to purchase equipment to produce voter-identification cards for county clerk offices in the 75 counties. Committee Chairman Rep. Andrea Lea, R-Russellville, said the fiscal impact statement should be ready by meetings set for Wednesday or March 8.

CABLE TELEVISION PACTS

In a 20-9 vote, the Senate approved Senate Bill 101, sponsored by Sen. Jake Files, R-Fort Smith, to provide fora uniform cable franchise agreement under which cities would operate.

Currently, the agreements vary from city to city.

“This just allows for an easier entrance into the marketplace for new providers,” he said.

Sen. Keith Ingram, D-West Memphis, who voted against the bill, said he worried about the possibility that out-of-state cable-television providers in the border cities wouldn’t provide access to a Little Rock television channel to watch University of Arkansas games under the bill.

Federal Communications Commission rules already require cable companies to carry local stations, Files replied.

REAPPOINTMENT TO COUNTY OFFICES

The Senate approved a bill to bar any county elected official who resigns during his term of office from being appointed to any county elected office during the term for which he resigned. The bill is Senate Bill 420, sponsored by Sen. Johnny Key, R-Mountain Home.

Key filed the legislation after Franklin County Judge Joe Powell said earlier this month that he would resign Friday for 90 days and then return to office to finish his term, which ends in 2014. The Quorum Court subsequently appointed the county judge’s wife to replace him, but the couple denied discussing the possibility of her resigning at any point so that he could be reappointed to the job.

Powell said he was stepping down so that he wouldn’t forfeit his deposits in the Arkansas Public Employees Retirement System Deferred Retirement Option Plan, which requires enrollees to end employment within seven years of enrolling. Those who don’t retire lose the money.

WHISTLE-BLOWER REWARD

The Senate sent the governor legislation to reward whistle-blowers who expose government waste or illegal conduct.

If the report saves the state money, as much as one-tenth of the savings during the next fiscal year could be given to the whistle-blower as a reward.

State agencies would be allowed to pay up to $12,500 to the employee, but the state Claims Commission would consider any request to award an amount in excess of that under House Bill 1043, sponsored by Rep. Nate Bell, R-Mena.

CLOSE TO HOME ACT

The Senate Judiciary Committee approved a bill that would allow juvenile-court judges or community-based providers under contract with the Department of Human Services to create boards to evaluate youth services in their judicial districts.

Under Senate Bill 335, proposed by Sen. Missy Irvin, R-Mountain View, the department would establish community boards made up of nine to 15 members, including juvenile-intake officers, juvenile offenders and circuit court judges.

Front Section, Pages 1 on 02/28/2013

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