NC House comes up with new abortion bill aimed at avoiding veto

cjarvis@newsobserver.com afrank@newsobserver.comJuly 10, 2013 

  • The bill’s progression

    July 2: The Senate unexpectedly unveiled a bill crafted from three separate abortion-related bills. Because it was past the deadline for new bills, Senators put the measure in an unrelated bill prohibiting foreign laws in domestic cases in North Carolina, HB695. The Senate tentatively approved the bill along party lines.

    July 3: The Senate gave final approval to the bill after a lengthy debate that drew more than 500 protesters to the Legislative Building.

    Monday: Gov. Pat McCrory expresses reservations about the Senate bill.

    Tuesday: A House committee holds a hearing on the bill, where state health officials discuss their concerns.

    Wednesday: McCrory warns that he will veto HB695 unless his concerns are resolved. House members and the McCrory administration craft a new bill, addressing the health officials’ and governor’s concerns, and wrap that version into a bill on motorcycle safety, SB353.

    Thursday: The full House has scheduled a three-hour debate, and then it will vote on the bill. If approved, it will go to the Senate.

  • The rest of the bill

    The House tacked its abortion bill onto a Senate bill on motorcycle safety. That part of the bill calls for increasing penalties for unsafe motorcycle operation.

    Wednesday’s moves abandons House Bill 695, including the foreign law provisions. For the measure to be revived it would need to be included in a different bill in both chambers.

— A controversial abortion bill was caught up in tensions among Republican legislators on Wednesday, as Gov. Pat McCrory threatened his first veto and House and Senate lawmakers stood their ground on different versions.

The Republican governor publicly warned on Wednesday morning that he would reject the Senate’s bill unless his public health agency’s concerns about it were resolved. The threat came even as his administration and key House members were signing off on a rewrite of the bill, which was unveiled less than two hours later in a legislative committee.

Despite complaints from Democrats and abortion-rights advocates that there was no advance notice and that the bill was being rushed, Republicans on the judiciary committee approved the legislation and sent it to the full House. The House is planning three hours of debate on it Thursday and then will vote. The bill will then return to the Senate if it’s approved.

With the Republican governor working closely with House leaders to shape the bill, its prospects of passing in that chamber are good. But that’s not necessarily the case in the Senate, where the bill’s main Senate proponent was not happy with Wednesday’s turn of events.

Sen. Warren Daniel, a Republican from Morganton, said he didn’t know how other Senate Republicans would view the compromise worked out with the governor’s administration. But he said he preferred the original version, which he contended gives the state Department of Health and Human Services the flexibility it needs to regulate abortion clinics.

“We believe we sent a good piece of legislation to the House,” Daniel said.

Even with the House compromise, the veto threat still stands as the bill works its way through both chambers and potentially more revisions. The governor has been more closely aligned with the House than the Senate on recent issues, and his threat to veto the bill if it’s not to his liking seems aimed at the Senate as much as at any reluctant GOP House members.

Whether competing agendas will doom the bill, water it down or leave it intact is one of the more compelling dramas in the final weeks of the session. Legislators are trying to agree on a tax overhaul plan so they can pass a budget and adjourn.

McCrory’s veto statement Wednesday urged legislators to focus on bills that help the state’s economy. A bill that carries out one of McCrory’s priorities – revamping the state’s job recruiting efforts – has been slowed in the Senate after passing the House. He said he agreed with some of the abortion bill but noted DHHS Secretary Dr. Aldona Wos had spelled out the department’s concerns at a House committee meeting Tuesday.

McCrory said he would veto the bill “unless significant changes and clarifications are made addressing our concerns.” McCrory’s staking out a position on the issue followed a week of speculation about what he would do in light of his campaign promise not to support any new restrictions on abortions.

Tuesday negotiations

Rep. Ruth Samuelson, a Republican from Charlotte, told the committee that she had spent hours on Tuesday with Wos and other DHHS officials and the governor’s office to work through their concerns. Samuelson said an agreement had been reached Wednesday morning but that the governor’s office didn’t know for certain whether the compromise language would successfully be wrapped into an unrelated bill and approved in committee.

It was eventually put into Senate Bill 353, which originally was about motorcycle safety. Samuelson said it was a matter of finding an available bill that was already in a committee and could be acted on quickly. She said there wasn’t time to give public notice about the maneuver.

She noted that the bill “came over from the Senate in a hurry,” and that the House could have voted not to concur with the Senate, which would have sent the dispute behind closed doors to a conference committee of the two chambers. Instead, in what House leaders are calling an unprecedented move, a committee hearing was held on the bill for two hours on Tuesday.

“We’re nearing the end of session,” Samuelson told reporters afterward. “Things move quickly. We wanted to make sure we got this done and didn’t leave it hanging.”

The changes seem to relax the standards that abortion clinics would have had to meet under the Senate version – sharing some regulations with ambulatory surgery centers but not requiring them to be identical – and allowing pregnant women to take abortion-inducing drugs at home after taking an initial dose at a clinic under a doctor’s supervision.

Democrats and abortion-rights groups said the wording on clinic regulations was vague and could even turn out worse for clinics because it could be interpreted more stringently. Samuelson acknowledged that it was still “a little unclear.”

Opponents say the bill could force abortion clinics in North Carolina to close because they won’t be able to afford costly upgrades, estimated at $1 million for each clinic.

It directs DHHS to use ambulatory surgery center standards where applicable. It requires those standards to address on-site recovery, privacy and provisions for medical complications “while not unduly restricting access.”

“We want to make sure these procedures are not designed to close down clinics,” Samuelson said.

It also allows DHHS to impose temporary rules to speed the process along. Temporary rules can be put in place with less public notice and input, and are not subject to legislators’ approval, unlike the permanent rulemaking process. Last week, McCrory criticized the Senate for rushing the abortion bill through without advance public notice.

Opponents picked up that theme on Wednesday at the House committee meeting.

“This is clear evidence this is not about safety and health issues,” said Paige Johnson, vice president of external affairs at Planned Parenthood. “This is really about a political agenda. There’s no excuse for this rash and irresponsible behavior, but it shows their hand.”

Laura McGee with the N.C. Values Coalition defended the way the GOP handled the bill, since parts of it had been debated before and the General Assembly streams floor sessions and some committee meetings online.

“The General Assembly does a really good job of making every session open to the public, and it is a very transparent process,” she said.

Rep. Rick Glazier, a Democrat from Fayetteville, said if the bill becomes law it is certain to be halted by the courts.

“The majority thinks they can get away with it, unrestrained by the Constitution of the United States, unrestrained by any real attempt to find a middle, moderate ground on a divisive issue in a centrist state,” Glazier said.

Jarvis: 919-829-4576

News & Observer is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere in the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

Commenting FAQs | Terms of Service