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House pares back two‑tier abortion bill: floor debate leads to deletion of first tier and further amendments

Utah House of Representatives · January 24, 1991
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Summary

After extended debate, the House adopted an amendment that removed the bill’s first (more restrictive) tier and tightened the statute’s language; members debated time limits, health exceptions and constitutional risk, and several amendments were proposed and voted on.

Representative (Speaker 1) introduced substitute Senate Bill 23, a two‑tier abortion measure that the sponsor said was negotiated with the governor and designed so courts could address a first tier and, if struck down, apply a narrower second tier. The sponsor walked members through multiple senate amendments, including replacing language about the “right of choice” with “liberty interest” and inserting phrases that defer certain medical judgments to the pregnant woman’s attending physician.

Representative Julander, a registered nurse and task‑force member, spoke from professional experience about the consequences of removing legal access to abortion, saying the bill would not stop abortions but “will, however, stop legal safe abortion,” and warned of health and social impacts including more children needing services and the effect on women’s healthcare access.

Floor debate focused heavily on constitutional risk, timing and exceptions. Members who opposed the first tier said it was likely to be declared unconstitutional and would invite costly litigation; supporters argued the two‑tier approach provides a fallback if the first tier is struck down and reflected task‑force deliberations and compromise. Representative Afton Bradshaw offered an amendment to remove the first tier and proceed with a narrower statute more likely, in his view, to survive court challenge. After a call for the previous question and debate on strategy, the Bradshaw amendment passed in a recorded vote, 42 to 31, removing the first tier and tightening the bill.

Members then turned to additional floor amendments about time thresholds and exceptions. Representative Atkinson moved amendments to narrow late‑trimester exceptions (proposing limits for cases of fetal defect or rape/incest and preserving maternal‑health exceptions). Representative Valentine offered a substitute motion that would change a proposed threshold from 24 to 12 weeks for certain exceptions. Questions from members raised technical concerns (for example, when prenatal testing for some defects is conducted and how a 12‑week cutoff would function in practice), and several motions were held or cleared for further consideration.

What happens next: The House adopted significant text changes on the floor and will continue to consider timeframe and exception language; multiple amendments will require reconciliation, and any further substantial changes will likely send the bill back to the Senate for concurrence.