SECOND REGULAR SESSION
HOUSE BILL NO. 1293
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES DEEKEN (Sponsor), MUCKLER, VILLA, HARRIS (110),
KELLY (36), LIESE, SCHOEMEHL, BRUNS, MORRIS, MEINERS, RUPP, STEVENSON, SMITH (118),
WILSON (119), ENGLER, THRELKELD, SUTHERLAND, GUEST, DUSENBERG, BROWN, GOODMAN,
SCHNEIDER, DEMPSEY, SANDER, HOBBS, KELLY (144), ICET, ROARK, NIEVES, MAY, MAYER,
HENKE, SELBY, CORCORAN, SCHAAF, SCHLOTTACH, PORTWOOD, DOUGHERTY, BLACK,
VIEBROCK, ERVIN, LUETKEMEYER, DIXON, HANAWAY AND BIVINS (Co-sponsors).
Read 1st time January 28, 2004, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
To repeal sections 135.327, 188.010, 188.015, and 188.075, RSMo, and to enact in lieu thereof
ten new sections relating to the promotion of childbirth, with penalty provisions and an
effective date for certain sections.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 135.327, 188.010, 188.015, and 188.075, RSMo, are repealed and
ten new sections enacted in lieu thereof, to be known as sections 135.327, 135.630, 188.010,
188.015, 188.075, 188.180, 188.185, 188.300, 188.305, and 301.3030, to read as follows:
135.327. 1. Any person residing in this state who legally adopts a special needs child
on or after January 1, 1988, and before January 1, 2000, shall be eligible to receive a tax credit
of up to ten thousand dollars for nonrecurring adoption expenses for each child adopted that may
be applied to taxes due under chapter 143, RSMo. Any business entity providing funds to an
employee to enable that employee to legally adopt a special needs child shall be eligible to
receive a tax credit of up to ten thousand dollars for nonrecurring adoption expenses for each
child adopted that may be applied to taxes due under such business entity's state tax liability,
except that only one ten thousand dollar credit is available for each special needs child that is
2. Any person residing in this state who proceeds in good faith with the adoption of a
special needs child on or after January 1, 2000, shall be eligible to receive a tax credit of up to
ten thousand dollars for nonrecurring adoption expenses for each child that may be applied to
taxes due under chapter 143, RSMo. Any business entity providing funds to an employee to
enable that employee to proceed in good faith with the adoption of a special needs child shall be
eligible to receive a tax credit of up to ten thousand dollars for nonrecurring adoption expenses
for each child that may be applied to taxes due under such business entity's state tax liability,
except that only one ten thousand dollar credit is available for each special needs child that is
3. Individuals and business entities may claim a tax credit for their total nonrecurring
adoption expenses in each year that the expenses are incurred. A claim for fifty percent of the
credit shall be allowed when the child is placed in the home. A claim for the remaining fifty
percent shall be allowed when the adoption is final. The total of these tax credits shall not
exceed the maximum limit of ten thousand dollars per child. [The cumulative amount of tax
credits which may be claimed by taxpayers for nonrecurring adoption expenses in any one fiscal
year shall not exceed two million dollars.]
4. Notwithstanding any provision of law to the contrary, any individual or business entity
may assign, transfer or sell tax credits allowed in this section. Any sale of tax credits claimed
pursuant to this section shall be at a discount rate of seventy-five percent or greater of the amount
135.630. 1. As used in this section, the following terms shall mean:
(1) "Contribution", a donation of cash, stock, bonds, or other marketable
securities, or real property;
(2) "Director", the director of the department of social services;
(3) "Pregnancy resource center", a nonresidential facility located in this state:
(a) Established and operating primarily to provide assistance to women with crisis
pregnancies or unplanned pregnancies by offering pregnancy testing, counseling,
emotional and material support, and other similar services to encourage and assist such
women in carrying their pregnancies to term; and
(b) Where childbirths are not performed; and
(c) Which does not perform, induce, or refer for abortions and which does not hold
itself out as performing, inducing, or referring for abortions; and
(d) Which provides direct client services at the facility, as opposed to merely
providing counseling or referral services by telephone; and
(e) Which provides its services at no cost to its clients; and
(f) Which is exempt from income taxation pursuant to the Internal Revenue Code
of 1986, as amended;
(4) "State tax liability", in the case of a business taxpayer, any liability incurred by
such taxpayer pursuant to the provisions of chapters 143, 147, 148, and 153, RSMo,
excluding sections 143.191 to 143.265, RSMo, and related provisions, and in the case of an
individual taxpayer, any liability incurred by such taxpayer pursuant to the provisions of
chapter 143, RSMo, excluding sections 143.191 to 143.265, RSMo, and related provisions;
(5) "Taxpayer", a person, firm, a partner in a firm, corporation, or a shareholder
in an S corporation doing business in the state of Missouri and subject to the state income
tax imposed by the provisions of chapter 143, RSMo, or a corporation subject to the annual
corporation franchise tax imposed by the provisions of chapter 147, RSMo, or an insurance
company paying an annual tax on its gross premium receipts in this state, or other
financial institution paying taxes to the state of Missouri or any political subdivision of this
state pursuant to the provisions of chapter 148, RSMo, or an express company which pays
an annual tax on its gross receipts in this state pursuant to chapter 153, RSMo, or an
individual subject to the state income tax imposed by the provisions of chapter 143, RSMo.
2. A taxpayer shall be allowed to claim a tax credit against the taxpayer's state tax
liability, in an amount equal to fifty percent of the amount such taxpayer contributed to
a pregnancy resource center.
3. The amount of the tax credit claimed shall not exceed the amount of the
taxpayer's state tax liability for the taxable year for which the credit is claimed, and such
taxpayer shall not be allowed to claim a tax credit in excess of fifty thousand dollars per
taxable year. However, any tax credit that cannot be claimed in the taxable year the
contribution was made may be carried over to the next four succeeding taxable years until
the full credit has been claimed.
4. Except for any excess credit which is carried over pursuant to subsection 3 of this
section, a taxpayer shall not be allowed to claim a tax credit unless the total amount of such
taxpayer's contribution or contributions to a pregnancy resource center or centers in such
taxpayer's taxable year has a value of at least one hundred dollars.
5. The director shall determine, at least annually, which facilities in this state may
be classified as pregnancy resource centers. The director may require of a facility seeking
to be classified as a pregnancy resource center whatever information which is reasonably
necessary to make such a determination. The director shall classify a facility as a
pregnancy resource center if such facility meets the definition set forth in subsection 1 of
6. The director shall establish a procedure by which a taxpayer can determine if
a facility has been classified as a pregnancy resource center. Pregnancy resource centers
shall be permitted to decline a contribution from a taxpayer. The cumulative amount of
tax credits which may be claimed by all the taxpayers contributing to pregnancy resource
centers in any one fiscal year shall not exceed two million dollars. Tax credits shall be
issued in the order contributions are received.
7. The director shall establish a procedure by which, from the beginning of the
fiscal year until some point in time later in the fiscal year to be determined by the director,
the cumulative amount of tax credits are equally apportioned among all facilities classified
as pregnancy resource centers. If a pregnancy resource center fails to use all, or some
percentage to be determined by the director, of its apportioned tax credits during this
predetermined period of time, the director may reapportion these unused tax credits to
those pregnancy resource centers that have used all, or some percentage to be determined
by the director, of their apportioned tax credits during this predetermined period of time.
The director may establish more than one period of time and reapportion more than once
during each fiscal year. To the maximum extent possible, the director shall establish the
procedure described in this subsection in such a manner as to ensure that taxpayers can
claim all the tax credits possible up to the cumulative amount of tax credits available for
the fiscal year.
8. Each pregnancy resource center shall provide information to the director
concerning the identity of each taxpayer making a contribution to the pregnancy resource
center who is claiming a tax credit pursuant to this section and the amount of the
contribution. The director shall provide the information to the director of revenue. The
director shall be subject to the confidentiality and penalty provisions of section 32.057,
RSMo, relating to the disclosure of tax information.
188.010. It is the intention of the general assembly of the state of Missouri to [grant]
recognize and affirm the right to life to all humans[, born and unborn] whether in utero or not,
to protect maternal health, to promote childbirth, to support alternatives to abortion, and
to regulate abortion to the full extent permitted by the Constitution of the United States,
decisions of the United States Supreme Court, and federal statutes.
188.015. [Unless the language or context clearly indicates a different meaning is
intended, the following words or phrases for the purposes of sections 188.010 to 188.130 shall
be given the meaning ascribed to them] As used in this chapter, the following terms mean:
(1) "Abortion", the intentional destruction of the life of an embryo or fetus in his or her
mother's womb or the intentional termination of the pregnancy of a mother with an intention
other than to increase the probability of a live birth or to remove a dead or dying unborn child;
(2) "Abortion facility", a clinic, physician's office, or any other place or facility in which
abortions are performed or induced other than a hospital;
(3) "Alternatives to abortion agency", or "alternatives to abortion agencies", an
agency or agencies located in this state established and operating primarily to offer
alternatives to abortion services, including by way of example but not limitation maternity
homes, pregnancy resource centers, and agencies commonly known and referred to as
crisis pregnancy centers, and which does not perform, induce, or refer for abortions or
hold itself out as performing, inducing, or referring for abortions, and which if it is a
private agency is exempt from income taxation pursuant to the United States Internal
Revenue Code of 1986, as amended;
(4) "Alternatives to abortion services", services or counseling offered to a pregnant
woman to assist her in carrying her unborn child to term instead of having an abortion,
and to assist her in caring for her dependent child or placing her child for adoption;
(5) "Commission", the respect life commission;
(6) "Conception", the fertilization of the ovum of a female by a sperm of a male;
(7) "Department", the department of health and senior services;
[(4)] (8) "Gestational age", length of pregnancy as measured from the first day of the
woman's last menstrual period;
(9) "Medical emergency", a condition which, on the basis of a physician's good
faith clinical judgment, so complicates the medical condition of a pregnant woman as to
necessitate the immediate abortion of her pregnancy to avert the death of the pregnant
woman or for which a delay will create a serious risk of substantial and irreversible
impairment of a major bodily function of the pregnant woman;
[(5)] (10) "Physician", any person licensed to practice medicine in this state by the state
board of registration of the healing arts;
[(6)] (11) "Unborn child", the offspring of human beings from the moment of conception
until birth and at every stage of its biological development, including the human conceptus,
zygote, morula, blastocyst, embryo, and fetus;
[(7)] (12) "Viability", that stage of fetal development when the life of the unborn child
may be continued indefinitely outside the womb by natural or artificial life-supportive systems.
188.075. 1. Any person who contrary to the provisions of sections 188.010 to 188.085
knowingly performs, induces, or aids in the performance or inducement of any abortion or
knowingly fails to perform any action required by sections 188.010 to 188.085 [shall be] is guilty
of a class A misdemeanor unless a different penalty is provided for in state statute and, upon
conviction, shall be punished as provided by law.
2. It shall be a defense for any person alleged to have violated any provision of this
chapter that the person performed an action or did not perform an action because of a
medical emergency. This defense shall be available in criminal, civil, and administrative
actions or proceedings. The defendant shall have the burden of injecting the issue of
medical emergency as a defense.
188.180. 1. The attending physician who is to perform or induce an abortion or a
referring physician, or other qualified agent of either physician under the physician's
supervision to whom the responsibility has been delegated by the physician, including but
not limited to a nurse, physician assistant, or social worker, shall provide geographically
indexed educational materials prepared pursuant to section 188.185 that are designed to
inform the woman of alternatives to abortion agencies and alternatives to abortion services.
The physician or the qualified agent of the physician actually providing such materials
shall sign, and shall cause the patient to sign after receiving such materials, a written
statement certifying that such materials have been delivered to and received by the patient.
If the patient chooses to proceed with the abortion, all such executed statements shall be
maintained as part of the patient's medical file, subject to the confidentiality laws and rules
of this state.
2. The attending physician shall allow the patient sufficient time and opportunity,
prior to performing or inducing the abortion, for the patient to assimilate and consider the
information regarding alternatives to abortion and to make a decision whether to proceed
with the abortion or to carry her unborn child to term.
3. The physician shall be civilly liable to the patient and any other person
sustaining loss, injury, or damages caused by the failure to comply with the provisions of
this section. A court can enter any other appropriate relief, including injunctive relief, in
order to prevent violations of this section. A physician who has been found to have violated
the provisions of this section, whether or not damages are awarded, or who settles any
claim or cause of action based upon the physician's violation of this section, shall be subject
to discipline of the physician's license, certificate, or permit to practice medicine.
188.185. 1. The commission shall develop geographically indexed educational
materials, including but not limited to brochures and other media, about positive options
during pregnancy and alternatives to abortion, including but not limited to the following:
(1) Alternatives to abortion agencies;
(2) Alternatives to abortion services and other services available to mothers of
newborn children offered either directly by the state or its political subdivisions or by
contractors with the state or its political subdivisions, or by private community-based
programs, such services that include but are not limited to: prenatal care; medical and
mental health care; parenting skills; drug and alcohol testing and treatment; child care;
newborn or infant care; housing; utilities; educational services; food, clothing, and supplies
relating to pregnancy, newborn care, and parenting; adoption assistance; job training and
placement; establishing and promoting responsible paternity; domestic abuse protection;
3. The materials shall include a comprehensive list of the agencies providing such
alternatives to abortion services and other services, a description of the services offered by
each agency, and the addresses and telephone numbers of each agency. The list shall not
include any agency which performs, induces, or refers for abortion or which holds itself
out as performing, inducing, or referring for abortions. The following statement shall be
prominently placed within such materials: "There are many public and private agencies
willing and able to help you to carry your child to term, and to assist you and your child
after your child is born, whether you choose to keep your child or place him or her for
adoption. The State of Missouri strongly urges you to contact these agencies before making
a final decision about abortion. State law requires that your physician or his or her agent
give you the opportunity to contact agencies like these before you undergo an abortion."
4. The commission shall publicly solicit alternatives to abortion agencies and other
public and private agencies providing alternatives to abortion services to provide
information to the commission about the agency and the services rendered by the agency.
The commission may utilize already existing lists of agencies providing alternatives to
abortion services within the state in preparing the materials required by this section,
including information collected pursuant to the adoption awareness law, section 191.975,
5. The materials shall be distributed by the commission to family planning clinics,
abortion facilities, hospitals where abortions are performed or induced, and physicians
who perform or induce abortions; provided, however, that if necessary to preserve the
confidentiality of abortion facilities, hospitals where abortions are performed or induced,
or physicians who perform or induce abortions, the department shall distribute such
materials on behalf of the commission. Such materials shall also be available to the public
through the commission's Internet web site.
6. Upon request, the department and all other state agencies shall assist the
commission in carrying out the provisions of this section.
188.300. 1. There is hereby established in the state treasury the "Alternatives to
Abortion Support Fund". The state treasurer shall credit to and deposit in such fund:
(1) Moneys that may be required by law to be credited to or deposited in such fund;
(2) Moneys that may be appropriated to it by the general assembly;
(3) Other amounts that may be received from general revenue, other state funds,
grants, gifts, devises, bequests, settlements, awards, or from federal, state, or local sources;
(4) Any other sources granted or given for this specific purpose.
2. The state treasurer shall invest moneys in the alternatives to abortion support
fund in the same manner as surplus state funds are invested pursuant to section 30.260,
RSMo. All earnings that result from the investment of moneys in the fund shall be credited
to such fund.
3. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys
in the alternatives to abortion support fund shall not revert to the credit of general revenue
at the end of the biennium.
4. Moneys credited to and deposited in the alternatives to abortion support fund
shall only be used for the purposes authorized pursuant to this section or as otherwise
provided by law.
5. Until the amount in the alternatives to abortion support fund exceeds one million
dollars, not more than one-half of the moneys credited to and deposited in the fund from
all sources, plus all earnings from the investment of moneys in the fund during the previous
fiscal year, shall be available for disbursement. When the state treasurer certifies that the
assets in the fund exceed one million dollars, all credited earnings plus all future credits
to the fund from all sources shall be available for disbursement.
6. The alternatives to abortion support fund shall be used to promote childbirth
and to support alternatives to abortion by grants to or contracts with:
(1) Alternatives to abortion agencies; and
(2) Other public and private agencies to provide alternatives to abortion services.
188.305. 1. There is hereby established the "Respect Life Commission" within the
office of administration. The commission shall consist of a number of members equal to
the number of congressional districts in the state, one from each congressional district,
appointed by the governor with the advice and consent of the senate. Not more than half
of the members if there is an even number of members and not more than a simple
majority of the members if there is an odd number of members shall be from the same
2. The members of the respect life commission shall serve four-year terms, except
that of the initial appointments, half of the members if there is an even number of members
and a simple majority of the members if there is an odd number of members shall be
appointed for a term of four years and the remainder shall be appointed for a term of two
years. Before the expiration of the term of a member, the governor shall appoint a
successor whose term begins on July first next following. Each member shall serve until
his or her successor is appointed. A member is eligible for reappointment. If there is a
vacancy of a member for any cause, the governor shall make an appointment for the
unexpired term with the advice and consent of the senate.
3. To be eligible for appointment to the respect life commission, a person shall
demonstrate agreement with the principles and goals set forth in this section regarding
respect for human life from conception until death, and the need to promote childbirth and
to offer alternatives to abortion services for pregnant women so that such women are
encouraged to carry their pregnancies to term instead of having abortions. In making
appointments to the commission, the governor shall consider nominees recommended to
the governor for appointment by pro-life organizations in this state. In giving its advice
and consent for nominees to appointment to the commission, the senate shall assess the
eligibility and qualifications of each nominee for appointment to the commission as
provided by this subsection.
4. Any member may be removed by the governor for misconduct, incompetency,
or neglect of duty after first being given the opportunity to be heard on his or her own
5. The respect life commission shall elect one of its members to serve as
chairperson, and may elect such other officers and establish such committees as deemed
6. The respect life commission may appoint an executive director who shall serve
subject to the supervision of and at the pleasure of the commission. The executive director
shall be responsible for the administrative operations of the commission and shall perform
such other duties as may be delegated or assigned to the executive director by law or by the
commission. The office of administration shall provide all necessary office space, facilities,
and equipment. The executive director may hire and set the compensation of such staff as
is approved by the commission, within the limitations of appropriations for such purpose.
7. Each member of the respect life commission shall serve without compensation
but shall be reimbursed for actual and necessary expenses incurred in the performance of
his or her duties.
8. The respect life commission shall exercise its powers and duties independently
of the office of administration, and the office of administration shall not participate in or
supervise any substantive matters relating to policies, regulative functions, or appeals from
decisions of the commission. The commissioner of administration, any employee of the
office of administration, or the governor, either directly or indirectly, shall not participate
or interfere with the activities of the commission in any manner not specifically provided
by law, and shall not in any manner interfere with the budget request of the commission
or withhold any moneys appropriated to the commission by the general assembly.
9. The respect life commission shall meet at least quarterly.
10. The powers and duties of the respect life commission shall include but not be
limited to the following:
(1) To disburse funds from the alternatives to abortion support fund and any other
funds authorized by law to be disbursed by the commission;
(2) To consult with appropriate state agencies, commissions, boards, and public and
private agencies to determine the effectiveness of and need for alternatives to abortion
services and effectiveness of and need for programs that foster respect for human life both
before and after birth;
(3) To facilitate information exchange and coordination among agencies and groups
concerned with offering and promoting alternatives to abortion services, and concerned
with offering and promoting programs that foster respect for human life both before and
(4) To develop statewide educational and public informational campaigns,
conferences, and workshops for the purpose of developing appropriate public awareness
(a) Respect for human life both before and after birth; and
(b) The need to offer and promote alternatives to abortion services;
(5) To identify problems and conditions some pregnant women have and encounter
that causes them to choose to have abortions instead of choosing to carry their pregnancies
to term, and propose solutions to such problems and conditions;
(6) To develop and operate an Internet web site;
(7) To recommend statutory changes and appropriations to promote alternatives
to abortion services and to promote programs that foster respect for human life both
before and after birth;
(8) To solicit and accept state funds, grants, gifts, devises, bequests, settlements,
awards, or other aid from the general assembly, any person or business, organization or
foundation, public or private, or from federal, state, or local sources; and
(9) To perform any other functions or duties consistent with the provisions of this
section or otherwise required or permitted by law.
11. The respect life commission shall submit an annual report of its activities to the
president pro tem of the senate, the speaker of the house of representatives and the
governor before December thirty-first of each year.
301.3030. 1. Any person may receive special license plates with words and an
emblem that denotes the state's respect for human life both before and after birth,
pursuant to this section, for any motor vehicle such person owns either solely or jointly,
other than an apportioned motor vehicle or a commercial motor vehicle licensed in excess
of eighteen thousand pounds gross weight after a contribution of at least twenty-five
dollars, or at least fifty dollars in the case of a biennial registration, to the alternatives to
abortion support fund. Such license plates shall be called "Respect Life License Plates".
2. Respect life license plates shall bear the words "RESPECT LIFE" in place of the
words "SHOW-ME STATE" and shall bear the image of a single red rose. Such license
plates shall be made with fully reflective material with a common color scheme and design,
shall be clearly visible at night, and shall be aesthetically attractive, pursuant to section
301.130. Notwithstanding the provisions of section 301.144, no additional fee shall be
charged for the personalization of license plates issued pursuant to this section.
3. The contribution of at least twenty-five dollars, or at least fifty dollars in the case
of a biennial registration, to the alternatives to abortion support fund shall be made to the
director of revenue at the time of registration of the vehicle. The director shall transfer
such contributions to the state treasurer for deposit in the alternatives to abortion support
fund. Upon the receipt of such contribution, payment of the regular registration fees and
presentation of other documents that may be required by law, the director of revenue shall
issue respect life license plates to the vehicle owner.
4. There shall be no limit on the number of sets of respect life license plates a person
may obtain pursuant to this section so long as such license plates are issued for vehicles
owned solely or jointly by such person, and so long as a contribution of at least twenty-five
dollars, or at least fifty dollars in the case of a biennial registration, is made for each set of
respect life license plates.
5. A vehicle owner who was previously issued respect life license plates but who
does not make a contribution of at least twenty-five dollars, or at least fifty dollars in the
case of a biennial registration, to the alternatives to abortion support fund at a subsequent
time of registration shall be issued new plates that are not respect life license plates, as
otherwise provided by law.
6. The director of revenue shall issue samples of respect life license plates to all
offices in this state where vehicles are registered and license plates are issued. Such sample
license plates shall be prominently displayed in such offices along with literature prepared
by the director or by the respect life commission describing the license plates, the
alternatives to abortion support fund, and the purposes for which the fund is used.
7. The general assembly may appropriate moneys annually from the alternatives
to abortion support fund to the department of revenue to offset costs reasonably incurred
by the director of revenue pursuant to subsections 1 to 6 of this section.
Section B. The repeal and reenactment of section 135.327 and the enactment of section
135.630 of Section A of this act shall become effective on January 1, 2005, and shall apply to
all taxable years beginning after December 31, 2004.