SECOND REGULAR SESSION

HOUSE BILL NO. 1385

96TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVES COX (Sponsor), FISHER, SCHAD, DAVIS, BROWN (116), GATSCHENBERGER, McGHEE, WELLS AND ROWLAND (Co-sponsors).

5211L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk


 

AN ACT

To amend chapter 188, RSMo, by adding thereto one new section relating to the Title X consistency and transparency act.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Chapter 188, RSMo, is amended by adding thereto one new section, to be known as section 188.207, to read as follows:

            188.207. 1. Beginning on or before February 1, 2014, and every February first thereafter, any organization, institution, or facility which performs or assists in performing an abortion not necessary to save the life of the mother, or which encourages or counsels a woman to have an abortion not necessary to save her life shall make an annual accounting of any and all moneys received by such organization, institution, or facility under Title X of the federal Public Health Service Act, 42 U.S.C. Section 300, et seq. for the immediately preceding calendar year.

            2. The accounting required under subsection 1 of this section shall:

            (1) (a) Identify each grant under which moneys were disbursed and a detailed description of the purpose of each grant and the services provided under each grant;

            (b) Account for the exact amount of moneys received and disbursed under each grant;

            (c) Identify the recipients and purpose of each disbursement. Nothing in this section shall be construed to require the identity or privacy of any public persons be disclosed or revealed; and

            (2) Be filed with the director of the department of health and senior services. The director may provide forms and promulgate rules to implement and enforce the requirements of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2012, shall be invalid and void.

            3. Any taxpayer residing in the county in which such organization, institution, or facility is located may petition the court of such county for an injunction to order such organization, institution, or facility to comply with the provisions of this section. The court may award the taxpayer reasonable attorney's fees and court costs.