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Senate passes bill restricting public funding for abortions after hours of debate
Summary
The Utah Senate passed the first substitute to Senate Bill 68 on Jan. 22, 2004, prohibiting state or political-subdivision funding — directly or indirectly — for induced abortions. Debate centered on the meaning of 'indirect' funding, PEHP’s status, and narrowly drawn medical exceptions; the measure passed 22–6 and will go to the House.
The Utah Senate voted 22–6 on Jan. 22 to pass the first substitute to Senate Bill 68, a measure that would bar state and political-subdivision funds from being used, directly or indirectly, to pay for induced abortions. Senator Bramble, the bill’s sponsor, argued the move was to prevent taxpayers from being forced to subsidize procedures they find objectionable.
"It says very clearly... taxpayers will not be forced to pay for a procedure that they find reprehensible," Senator Bramble said on the floor as he closed debate. The bill, as presented, lists limited exceptions and defines when a physician may certify an abortion is necessary to prevent permanent, irreparable and grave damage to a major bodily function of the pregnant woman.
Much of the floor debate turned on the term "indirect" funding — whether state purchases or contracts that ultimately support entities or services connected to abortion could be treated as public funding. Senators pressed the sponsor for specifics and legal footing; Bramble acknowledged the precise contours would likely be tested in court and defended broadly worded language intended to be interpreted consistently.
Senators also discussed the status of PEHP, the entity that administers some state employee health benefits. Bramble said PEHP’s counsel told him the carrier would change its policy to comply with the statute should it become law. "PEHP indicated that they're not going to go there... they will change the provisions of the policy to comply with this legislation," the sponsor reported.
Lawmakers offered and debated multiple amendments. An amendment offered by Senator Hale to broaden the health exception was defeated on a roll call (motion recorded as 7 ayes, 21 no), and an alternate amendment modeled on Sixth Circuit language also failed. Supporters said the bill preserves taxpayer choice; opponents — including senators who cited medical, constitutional and fiscal concerns — warned the undefined reach of "indirect" might affect private contractors and health plans and could prompt costly litigation.
After final debate the chamber called the question and the bill passed by roll call. The Senate clerk recorded 22 ayes, 6 nays and 1 absence. The bill will be referred to the Utah House of Representatives for further consideration.
Legal and fiscal details reported on the floor indicated uncertainties remain: sponsors and some senators said courts would likely define "indirect" in future litigation, and fiscal notes were referenced in debate as a potential cost to defend the statute.
The Senate’s action marks a significant step in a package of abortion-related legislation debated during the session, with next steps to be taken by House committees and, potentially, courts.
