TOPEKA – An attempt to override the veto of a late-term abortion bill failed Thursday evening in the Senate.
The proposal, House substitute for Senate Bill 218, would have allowed women and their immediate family to sue doctors in civil court if they thought a late term abortion was performed illegally.
With a vote of 25-13, the measure did not receive the two-thirds majority of votes needed to override a veto.
The change to the law regulating abortions on pregnancies after the 21st week gave women a recourse if they thought the law had been broken if the district or county attorney in their area would not file the suit, said Sen. Mary Pilcher Cook, R-Shawnee, who made the motion.
The bill also would have required doctors performing late-term abortions to provide more detailed descriptions of why the procedures were necessary. The move was aimed at Wichita abortion provider Dr. George Tiller, one of the few physicians in the country who performs late-term abortions.
The veto was one of former Democratic Gov. Kathleen Sebelius’ last actions before she stepped down to become Health and Human Services secretary.
The override attempt taken at about 7 p.m., one the chamber’s last action before leaving for the night. The bill is now dead.
TOPEKA – The governor vetoed a bill that would have require doctors to give more detailed justification for a late-term abortion on forms sent to the Kansas Department of Health and Environment.
Explaining the veto Gov. Kathleen Sebelius, a Democrat, said the House substitute for Senate Bill 218, included provisions that might be unconstitutional.
She singled out a provision that would allow a woman or immediate relatives to sue an abortion provider they suspected of violating the state’s abortion law. The provision also allows a district or county attorney or the Attorney General to bring criminal violations against a doctor.
“The provisions in this bill that would allow for the criminal prosecution of a physician intending to comply with the law will lead to the intimidation of health care providers and reduce access to comprehensive health care for women, even when it is necessary to preserve their lives and health,” she wrote. “While I agree that we should try to reduce the number of abortions, it cannot be at the increased risk to the life or health of women.”
On Tuesday, the U.S. Senate Finance Committee approved the governor’s nomination as health secretary sending the matter to the full Senate where its stalled.
Abortion opponents have raised concerns about Sebelius’ strong pro choice track record and her ties to Wichita late-term abortion provider Dr. George Tiller.
TOPEKA – The House sent to the Senate a proposal that would require more detailed explanations justifying late-term abortions, but it didn’t get the votes needed to override a likely veto.
The measure now goes over to the Senate, which can accept the changes the House made to the bill or send it to a negotiating committee. Lawmakers are trying to wrap up their work in Topeka today and leave for first adjournment.
The bill passed 82-43. The House needs two-thirds majority to over ride a governor’s veto, or 84 votes.
In addition to requiring doctors to performing abortions after the 21st week of pregnancy to provide more detailed explanations for why the procedures were necessary on forms that are sent to the Kansas Department of Health and Environment, Senate Bill 218 also tweaks the state’s definition of a partial birth abortion so it reflects language used at the federal level.
The proposal would also would require that the written information a woman is supposed to receive at least 24 hours before an abortion include the phrase “the abortion will terminate the life of a whole, separate, unique living human being.”
It would allow a woman or certain members of her family to file civil lawsuits against an abortion provider they suspected had violated the state’s abortion law. The law would apply to the woman’s husband or to her parents if she is under 18 when the suspected violations occurred.