HB365 Alabama 2019 Session

Under existing law, parents and legal guardians are required to give written consent for unemancipated minors to have an abortion performed

This bill would require minor children to present certified birth certificates to abortion clinics or reproductive health facilities upon an initial visit, would require health care practitioners and employees of clinics and facilities to report failures to comply with these requirements to the Attorney General, and would provide criminal penalties for violations

This bill would require abortion clinics and reproductive health facilities to rule out criminal victimization of minors when a minor presents to the clinic or facility with a sexually transmitted disease and would require clinics and facilities to report any minor child seeking an abortion or reporting with a sexually transmitted disease to the Department of Human Resources

Also under existing law, any minor under the age of 16 years seeking an abortion must be asked the name and age of the individual who is believed to be the father of the child, and facilities are required to report the name of the minor and the purported father to law enforcement and the Department of Human Resources if the alleged father is at least two years older than the child

This bill would specify that the name of any minor child under the age of 14 years seeking an abortion from an abortion or reproductive health facility must be reported by the clinic or facility to the Department of Human Resources, regardless of the age of the father, would require certain records to be retained by the facility, and would provide criminal penalties for violations

This bill would require abortion clinics and reproductive health facilities to notify the Attorney General if a minor under the age of 16 years seeks a second or subsequent abortion and would require clinics and facilities to adopt a plan to implement the reporting requirements, including staff training

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to minors; to amend Sections 26-21-3 and 26-23E-10, Code of Alabama 1975, to require minor children to present certified birth certificates to abortion clinics or reproductive health facilities upon initial visits; to require abortion clinics and reproductive health facilities to rule out criminal victimization of minors when a minor presents to the clinic or facility with a sexually transmitted disease; to require reporting under certain circumstances; to require abortion clinics and reproductive health facilities to notify the Attorney General if a minor under the age of 16 years seeks a second or subsequent abortion; to require clinics and facilities to adopt a plan to implement the reporting requirements; to require training of employees; to require the implementation of certain document retention procedures; to provide criminal penalties for violations; and in connection therewith to have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.