HB376 Alabama 2016 Session

This act would establish the Alabama Unborn Child Protection from Dismemberment Abortion Act

This act would prohibit and punish any individual who performs or attempts to perform a dismemberment abortion unless necessary to prevent serious health risk to the mother of the unborn child

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To establish the Alabama Unborn Child Protection from Dismemberment Abortion Act; to provide definitions; to prohibit any person from performing or attempting to perform a dismemberment abortion unless necessary to prevent serious health risk to the mother of the unborn child; to provide for a hearing before the State Board of Medical Examiners; to permit injunctive relief; to provide for civil damages; to provide for attorney fees; to provide for criminal penalties; to provide for anonymity of certain individuals in court proceedings; and in connection therewith to have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.