House sends bill banning sex selection abortions to governor

The Arkansas House of Representatives sent to the governor a bill that bans abortions performed for sex selection. It also advanced a bill requiring physicians to check with the state’s monitoring program before prescribing opiates and voted to change the Highway Department’s name.

Under House Bill 1434 by Rep. Charlie Collins, R-Fayetteville, practitioners will be required to ask women seeking abortions if they know the sex of the unborn and, if so, inform her that abortions for sex selection are illegal. The abortion provider is then required to request all medical records “relating directly to the entire pregnancy history of the woman.”

The bill passed 57-9 with 16 present. Gov. Asa Hutchinson’s spokesman, J.R. Davis, said the governor is still reviewing the bill.

Practitioners who violated the law would be guilty of a Class A misdemeanor and would have their license suspended or revoked. Women who receive abortions without being informed of the prohibition could seek damages, as could their parents or legal guardians if they are minors. Monetary damages could be sought for psychological and physical injuries, while statutory damages would equal 10 times the cost of the abortion. The woman would not be prosecutable.

Rep. LeAnne Burch, D-Monticello, said the bill has seven conflicts with a bill passed earlier in the session banning dismemberment abortions. But Collins said the changes were not substantial.

The House also advanced Senate Bill 339 by Sen. Jeremy Hutchinson, R-Little Rock, which would require prescribers to check with the state’s prescription drug monitoring program each time they prescribe Schedule II or Schedule III opioids. Licensing boards would adopt rules.

The bill would not apply to medical professionals administering controlled substances immediately before or during surgery, during recovery from surgery while in a healthcare facility, during emergencies, in hospices and in nursing homes.

The bill passed 73-5-1 after having been amended six times and failing Monday in the House. It now returns to the Senate for concurrence in amendments.

The House also voted to change the name of the Arkansas Highway and Transportation Department to the Arkansas Department of Transportation. Senate Bill 589 by Sen. Eddie Joe Williams, R-Cabot, passed 83-0.

Co-sponsor Rep. Andy Davis, R-Little Rock, said federal codes now refer to state departments of transportation and most states use that name as well. He said the department has committed to replacing signage only as it deteriorates and will design its own logo with no marketing plan for the new name.

Meanwhile, the House voted 89-0 for House Bill 1973 by Rep. David Meeks, R-Conway, which would let the Department of Human Services restore previously terminated parental rights if the child does not have a legal parent and if the termination occurred three years prior to the effort. DHS would be required to determine the extent to which the parent has remedied the conditions that led to the termination. Representatives also voted 89-0 for House Bill 2104 by Rep. Vivian Flowers, D-Pine Bluff, which would require the Department of Human Services to make reasonable efforts to involve incarcerated parents in their children’s case planning.

In other business, the House voted against the state joining the Compact for a Balanced Budget. House Bill 1975 by Rep. Jim Dotson, R-Bentonville, failed 29-33 with 5 voting present.

The compact would use the U.S. Constitution’s Article V provision to create a convention of states to adopt a constitutional amendment requiring a balanced budget. The bill passed the House in 2015 but died in the Senate. Dotson said four other states have passed similar bills.