20-week abortion bill stalls in Senate
But it OKS veiling gun-permit names
A bill banning abortion past 20 weeks of pregnancy, when some doctors say a fetus feels pain, stalled in a state Senate committee on Wednesday.
The Senate later handily approved a bill that would shield the names and ZIP codes of about 130,000 Arkansas concealed-weaponpermit holders from public disclosure.
Bills that would remove the statute of limitations for certain sex crimes and require public schools to hold spring break on the same week also cleared legislative committees on Wednesday — the 24th day of the session.
The Senate Public Health, Welfare and Labor Committee delayed considering the bill banning abortion past 20 weeks at the request of the bill’s sponsor, state Rep. Andy Mayberry, R-Hensley.
Mayberry asked the committee not to take action on House Bill 1037 until he’s had time to address concerns committee members have raised about the proposed legislation. The committee includes four Republicans and four Democrats.
The bill would make it a Class D felony to perform an abortion 20 or more weeks after conception. The bill has an exemption if the mother’s health or life is
in danger. It also states that a doctor who performs an abortion after 20 weeks should do it in such a way that the fetus has an opportunity to survive.
According to the state Department of Health, 48 of the 4,033 abortions performed in the state in 2011 occurred after 20 weeks.
Mayberry said he wants to talk more with a few senators, who “might be more supportive” of the bill if it includes an exemption for cases of rape and incest. He declined to name the senators.
“At this point, I do not want to add an amendment to that or add that exclusion in there, but I do want a chance to visit with the senators and hear their concerns, and we’ll talk from there,” he said.
Mayberry said the four Republicans on the committee support his bill. He’ll need at least five votes to get it passed.
State Sens. Paul Bookout, D-Jonesboro; David Burnett, D-Osceola; and Missy Irvin, R-Mountain View, said in interviews that they are worried about the lack of an exemption for cases of rape and incest in the legislation.
Bookout declined to say whether he would vote for the current bill.
Burnett said he wouldn’t vote for the existing bill, but he’s open to voting for it if the exemption is added.
Sen. Linda Chesterfield, D-Little Rock, said she has drafted an amendment to exempt cases of rape and incest from the bill.
Republican Sens. Cecile Bledsoe of Rogers, Ron Caldwell of Wynne, Jonathan Dismang of Searcy, and Irvin said they would vote for the bill — with or without the amendment.
SECRET WEAPON PERMITS
Also Wednesday, the Senate, in a 24-9 vote, approved legislation that would shield the names and ZIP codes of concealed-weapon-permit holders in Arkansas from public disclosure.
Senate Bill 131, sponsored by Sen. Bruce Holland, RGreenwood, also would exempt the names and ZIP codes of applicants for concealed-weapon permits and of former license holders from disclosure under the Freedom of Information Act.
In 2009, the Legislature considered similar legislation. But it instead enacted a bill so that the names and ZIP codes of permit holders and applicants and former license holders would continue to be public information, while other personal information would be withheld.
Thirty states already keep permit-holder information from public disclosure under their laws, said Stephanie Samford, a spokesman for the National Rifle Association, which supports Holland’s bill.
Holland told senators that his bill wouldn’t erode the Freedom of Information Act.
“This is really a privacy issue,” he said.
Holland said Tuesday that he proposed the legislation after a Little Rock doctor, whom he declined to identify, told him that he was worried about a New York newspaper’s decision to publish the names and addresses of concealed-weapon-permit holders in that state.
But state Sen. Stephanie Flowers, D-Pine Bluff, who voted against Holland’s bill, asked Holland how churches would verify that a person who claims to be a concealedweapon-permit holder has a valid permit if they can’t access such records.
The Legislature has approved a bill to allow congregations to determine who may carry a concealed weapon into their place of worship, and Gov. Mike Beebe has said he plans to sign it.
In response to Flowers’ question, Holland said, “I would assume that [churches] would ask that person to produce their license.”
But Flowers said there always are counterfeit cases.
Holland countered that his bill has “absolutely nothing to do with gun laws” and “it doesn’t keep criminals from being criminals.”
A church could ask a law enforcement official to verify whether a person has a concealed-weapon permit, he said.
Flowers said she doesn’t think that’s possible under Holland’s legislation.
Twenty of the Senate’s 21 Republicans voted for the bill, as well as Democratic Sens. Larry Teague of Nashville and Robert Thompson of Paragould, Burnett and Bookout.
Besides Flowers, the other voting against the legislation were Democratic Sens. Eddie Cheatham of Crossett, Joyce Elliott of Little Rock, Keith Ingram of West Memphis, David Johnson of Little Rock, Uvalde Lindsey of Fayetteville, Bruce Maloch of Magnolia, Bobby Pierce of Sheridan, and David Wyatt of Batesville. Chesterfield voted “present” and Sen. Bruce King, R-Green Forest, didn’t vote.
Beebe said he opposes the bill, but declined to say whether he would veto it.
GUN BILL FOR CHURCHES
Gov. Mike Beebe said he’s drafting legislation designed to address three concerns raised by many church leaders across the state, after the House and Senate approved a bill that would allow congregations to determine who may carry a concealed weapon into their places of worship.
He said the bill deals with the liability of churches, how churches provide notice that concealed weapons may be in their place of worship, and the process churches can use to decide who can carry a concealed weapon into them.
Beebe said he expects the legislation to be introduced soon.
SEX CRIMES
The Senate Judiciary Committee passed several bills that would remove the statute of limitations for sex crimes involving children, ensure pregnant women can use deadly force to defend their unborn children, and require minors convicted of sex crimes in other states to register as sex offenders when relocating to Arkansas.
The committee unanimously approved Senate Bill 92, proposed by Sen. Jimmy Hickey, R-Texarkana, which would remove the statute of limitations from certain sex crimes against children.
Under Arkansas Code Annotated 5-1-109, prosecutors cannot file charges for several crimes if the victim was a minor at the time of the offense and has reached the age of 28.
The committee also endorsed:
Senate Bill 170, proposed by Sen. Gary Stubblefield, R-Branch, which would allow a pregnant woman to use deadly force to protect her fetus if she reasonably believed the fetus was threatened; she would not be obligated to retreat or surrender property.
Senate Bill 242, authored by Irvin, which would increase the penalties for trafficking minors for labor or sex.
SPRING BREAK
The Senate Education Committee voted to require the public schools to hold spring break the same week.
House Bill 1134, sponsored by Rep. Jon Eubanks, R-Paris, requires spring break to be held the thirty-eighth week of the school year.
In Arkansas the school year begins on the first Sunday in July, so spring break would always be held in late March or early April.
BEYOND BEEPERS
The Senate Education Committee approved a bill that would update which electronic devices school districts can ban students from using.
House Bill 015 by Rep. Justin Harris, R-West Fork, would specify that districts may establish student discipline policies regarding the use of cellular phones, tablet or laptop computers, gaming devices or digital cameras.
Current law only refers to possession of a “paging device, beeper or similar electronic communication device.”