House Bill 5

Actions | Amendments
Last Action 03/19/19: signed by Governor (KY Acts ch. 037)
Title AN ACT relating to the human rights of unborn children to not be discriminated against and declaring an emergency.
Bill Documents Acts Chapter 37
Current/Final
Introduced
Fiscal Impact Statements Corrections Impact
Local Mandate
Additional Fiscal Impact Statements Exist
Bill Request Number 949
Sponsors M. Prunty, N. Tate, L. Bechler, D. Bentley, J. Blanton, K. Bratcher, R. Brenda, R. Bridges, J. DuPlessis, L. Elkins, J. Fischer, D. Frazier Gordon, C. Freeland, C. Fugate, R. Goforth, D. Hale, M. Hart, R. Heath, R. Huff, T. Huff, K. King, S. Lee, S. Lewis, S. Maddox, C. Massey, D. Meade , T. Moore, D. Osborne, P. Pratt, B. Reed, B. Rowland, S. Santoro, S. Sheldon, J. Sims Jr, W. Thomas, J. Tipton, T. Turner, R. Webber
Summary of Original Version Create new section of KRS Chapter 311 to prohibit an abortion if the pregnant woman is seeking the abortion, in whole or in part, because of an unborn child's sex, race, color, national origin, or disability, except in the case of a medical emergency; require physicians to certify a lack of knowledge that the pregnant woman's intent to seek an abortion was, in whole or in part, because of an unborn child's sex, race, color, national origin, or disability; require the State Board of Medical Licensure to revoke a physician's license to practice medicine if the physician violates the prohibition; provide that the Cabinet for Health and Family Services shall revoke the license of any person, including a licensed abortion facility, that violates the prohibition; provide that a physician who violates the prohibition is civilly liable; allow for severability; amend KRS 311.595 to allow the State Board of Medical Licensure to suspend or revoke the license of any physician who violates the prohibition; amend KRS 311.725, regarding informed consent for abortions, to notify pregnant women of the prohibition; amend KRS 311.990 to provide that a person who violates the prohibition is guilty of a Class D felony; amend KRS 213.101 to conform; amend KRS 413.140 to provide a one-year statute of limitations for civil actions arising from a violation of the prohibition; EMERGENCY.
Index Headings of Original Version Crimes and Punishments - Abortion, sex, race, color, national origin, or disability, prohibition of
Criminal Procedure - Abortion, sex, race, color, national origin, or disability, prohibition of
Effective Dates, Emergency - Abortion, sex, race, color, national origin, or disability, prohibition of
Health and Medical Services - Abortion, sex, race, color, national origin, or disability, prohibition of
Physicians and Practitioners - Abortion, sex, race, color, national origin, or disability, prohibition of
Reproductive Issues - Abortion, sex, race, color, national origin, or disability, prohibition of
Women - Abortion, sex, race, color, national origin, or disability, prohibition of
Administrative Regulations and Proceedings - Vital Statistics, reports of abortions performed
Children and Minors - Abortion, sex, race, color, national origin, or disability, prohibition of
Civil Actions - Abortion, sex, race, color, national origin, or disability, prohibition of
Civil Procedure - Abortion, sex, race, color, national origin, or disability, prohibition of
Local Mandate - Abortion, sex, race, color, national origin, or disability, prohibition of
Jump to Proposed Amendments House Committee Substitute 1 with Fiscal Impact Statements
House Floor Amendment 1
House Floor Amendment 2
Senate Floor Amendment 1 with Fiscal Impact Statements
Votes Vote History

Actions

Top | Amendments
01/10/19
  • introduced in House
01/11/19
  • to Health and Family Services (H)
02/14/19
  • reassigned to Veterans, Military Affairs, and Public Protection (H)
02/15/19
  • posted in committee
02/20/19
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
02/21/19
  • 2nd reading, to Rules
  • floor amendment (1) filed to Committee Substitute, floor amendment (2) filed to bill
02/22/19
  • posted for passage in the Regular Orders of the Day for Monday, February 25, 2019
02/26/19
  • 3rd reading, passed 67-25 with Committee Substitute (1)
02/27/19
  • received in Senate
03/01/19
  • to Veterans, Military Affairs, & Public Protection (S)
03/07/19
  • reported favorably, 1st reading, to Calendar
03/12/19
  • 2nd reading, to Rules
  • floor amendment (1) filed
03/13/19
  • posted for passage in the Regular Orders of the Day for Wednesday, March 13, 2019
  • 3rd reading
  • floor amendment (1) defeated
  • Bill passed 32-4
  • received in House
  • enrolled, signed by Speaker of the House
03/14/19
  • enrolled, signed by President of the Senate
  • delivered to Governor
03/19/19
  • signed by Governor (KY Acts ch. 037)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Fiscal Impact Statements Corrections Impact to House Committee Substitute 1
Local Mandate to House Committee Substitute 1
Summary Make technical corrections.
Index Headings Health Benefit Mandate - Abortion, sex, race, color, national origin, or disability, prohibition of
Technical Corrections - HB 5 HCS
Corrections Impact - HB 5 HCS
Local Mandate - HB 5 HCS

Amendment House Floor Amendment 1
Sponsor M. Marzian
Summary Create new language in a new section of KRS 311.710 to 311.820 to establish specified constitutional rights and responsibilities of an unborn child. EMERGENCY.
Index Headings Crimes and Punishments - Abortion, sex, race, color, national origin, or disability, prohibition of
Criminal Procedure - Abortion, sex, race, color, national origin, or disability, prohibition of
Effective Dates, Emergency - Abortion, sex, race, color, national origin, or disability, prohibition of
Health and Medical Services - Abortion, sex, race, color, national origin, or disability, prohibition of
Physicians and Practitioners - Abortion, sex, race, color, national origin, or disability, prohibition of
Reproductive Issues - Abortion, sex, race, color, national origin, or disability, prohibition of
Women - Abortion, sex, race, color, national origin, or disability, prohibition of
Administrative Regulations and Proceedings - Vital Statistics, reports of abortions performed
Children and Minors - Abortion, sex, race, color, national origin, or disability, prohibition of
Civil Actions - Abortion, sex, race, color, national origin, or disability, prohibition of
Civil Procedure - Abortion, sex, race, color, national origin, or disability, prohibition of

Amendment House Floor Amendment 2
Sponsor M. Marzian
Summary Create new language in a new section of KRS 311.710 to 311.820 to establish specified constitutional rights and responsibilities of an unborn child. EMERGENCY.
Index Headings Crimes and Punishments - Abortion, sex, race, color, national origin, or disability, prohibition of
Criminal Procedure - Abortion, sex, race, color, national origin, or disability, prohibition of
Effective Dates, Emergency - Abortion, sex, race, color, national origin, or disability, prohibition of
Health and Medical Services - Abortion, sex, race, color, national origin, or disability, prohibition of
Physicians and Practitioners - Abortion, sex, race, color, national origin, or disability, prohibition of
Reproductive Issues - Abortion, sex, race, color, national origin, or disability, prohibition of
Women - Abortion, sex, race, color, national origin, or disability, prohibition of
Administrative Regulations and Proceedings - Vital Statistics, reports of abortions performed
Children and Minors - Abortion, sex, race, color, national origin, or disability, prohibition of
Civil Actions - Abortion, sex, race, color, national origin, or disability, prohibition of
Civil Procedure - Abortion, sex, race, color, national origin, or disability, prohibition of

Amendment Senate Floor Amendment 1
Fiscal Impact Statements Fiscal Note to Senate Floor Amendment 1
Health Mandate to Senate Floor Amendment 1
Sponsor R. Thomas
Summary Provide that the health expenses of any person born with Down syndrome or any other disability, whose mother would have aborted the person if not for the prohibition, shall be covered by Medicaid or a private health benefit plan at no cost to the person or his or her mother.
Index Headings Fiscal Note - Abortion, sex, race, color, national origin, or disability, prohibition of
Children and Minors - Abortion, sex, race, color, national origin, or disability, prohibition of
Health and Medical Services - Abortion, sex, race, color, national origin, or disability, prohibition of
Insurance, Health - Abortion, sex, race, color, national origin, or disability, prohibition of
Medicaid - Abortion, sex, race, color, national origin, or disability, prohibition of
Reproductive Issues - Abortion, sex, race, color, national origin, or disability, prohibition of
Women - Abortion, sex, race, color, national origin, or disability, prohibition of

Last updated: 11/9/2023 3:08 PM (EST)