COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Manager's Office

DATE:

August 16, 2002

BOARD MEETING DATE:

August 20, 2002

TO:

Honorable Board of Supervisors

FROM:

John Maltbie, County Manager

SUBJECT:

County Manager's Report-Legislation #6

 

Recommendation

Adopt a resolution in support of Senate Bill 1301 (Kuehl) regarding the Reproductive Privacy Act.

 

Background

Current law regarding abortion in California is the Therapeutic Abortion Act, which in part requires that an abortion may only be performed by the holder of a physician's and surgeon's certificate under specific conditions. This Act also requires that approval be obtained from a committee of medical staff for each abortion performed.

SB 1301 would delete the above provisions, among others, and enact the Reproductive Privacy At. The new Act would provide that every individual possesses a fundamental right of privacy regarding reproductive decisions. This right of privacy would include the right to choose or refuse birth control and the right to choose to bear a child or obtain an abortion. This bill would prohibit the state from denying the right to an abortion prior to viability of the fetus or when necessary to protect the life or health of the mother.

 

Discussion

According to the Assembly Judiciary Committee staff report on SB 1301, much of California law regarding abortions has been rendered obsolete by federal and state Supreme Court decisions. The author, Senator Kuehl notes current law (code and case law), "is a cryptic, often inconsistent abortion code that is laden with constitutional problems."

The author goes on to note that this bill, if passed, would protect Californians' right to choose a safe and legal abortion even if the U.S. Supreme Court later reduces the federal protections contained in Roe v. Wade.

This bill is co-authored by Senator Speier and Assemblymembers Shelley and Simitian.

The Board's Legislative Committee, Kirsten Keith, President of the Commission on the Status of Women and Lisa Lopen Coffe, Director of the Commission recommend a support position.

 

Vision Alignment

Support of SB 1301 (Kuehl) would help the county ensure basic health and safety for all and supports Goal #5-Residents have access to healthcare and preventative care.

 

Fiscal Impact

No impact on the County budget is expected.