2011 State Advocacy Efforts

Here are the states where we fought for the rights of the infertility community in 2011. Updated April 11, 2012.

 State: Mississipi (MS) Bill Number: None – this is a ballot initiative 

• Short Description of Initiative 26: MS residents will vote YES or NO to change the Mississippi Constitution to define when life begins and when “personhood” begins.  A Yes vote will change the Constitution so that whenever the term person is used in any MS statute or law, it means the moment the sperm and egg meet; the resulting embryo will be a “person” as defined by law.  
• Did RESOLVE Support or oppose this Initiative: RESOLVE opposes Initiative 26 and all attempts at Personhood.  
• Detail analysis of Initiative: See RESOLVE’s Personhood Policy.
• Read more about Initiative 26
• Read the Mississippi State Medical Association's Statement against the Initiative.
• Read the blog: Parents Against MS 26
• Outcome: Mississippi residents overwhelmingly voted “No” on Initiative 26 on November 8, 2011. If it had passed, Initiative 26 would have changed the Mississippi Constitution to define when life begins and when “personhood” begins.  This would have equated full human rights on a microscopic embryo. RESOLVE opposed Initiative 26 and all attempts at Personhood.  RESOLVE joined the Mississippians for Healthy Families coalition, worked with local physicians, attorneys, patients, and the community to help defeat Initiative 26.

 State: Alabama Bill Numbers: HB405 and SB301

• Short Description of Bill: These two bills would define a person as any human being from the moment of fertilization.
• Did RESOLVE support or oppose this Bill: RESOLVE opposes HB405 and SB 301.
• Links to Bill:
  Bill in the Senate, SB301:
  http://alisondb.legislature.state.al.us/acas/searchableinstruments/2011rs/bills/sb301.htm
  Bill in the House, HB405:
  http://alisondb.legislature.state.al.us/acas/searchableinstruments/2011rs/bills/hb405.htm
• Read RESOLVE's Personhood Legislation Policy.
• Read Fetal personhood bills a bad idea published in NewsOK.com on March 5, 2011.
• Outcome: A bill was introduced in the Alabama House and Senate (HB405 and SB 301) that would have defined a person as any human being from the moment of fertilization.  This was a Personhood bill which RESOLVE opposed.  RESOLVE provided letters of opposition to the Alabama House Health Committee, helped recruit patients and physicians to testify, and worked with other organizations to defeat this bill. The bill did not pass.

 State: Maine Bill Number: LD 720 Bill Name: An Act To Mandate Insurance Coverage for Infertility Treatment

• Short Description of Bill: Group insurance policies must include coverage for infertility treatment, as of Jan. 1, 2012. IVF would be covered. Cycle limits not noted in bill. Would allow up to a 50% co-pay by the insured. The bill would extend to all Maine residents with group policies infertility insurance coverage that is currently offered only to employees of the state of Maine.
• Did RESOLVE support or oppose this Bill: We support this bill except for two included provisions: 1) to receive coverage, patients must be married; and 2) patients whose infertility is the result of an STD would not be covered. Through his testimony during the upcoming hearing, bill sponsor Rep. Gary Knight will request amendments to LD 720, to remove this language.
• Link to Bill:  http://www.mainelegislature.org/legis/bills/bills_125th/billpdfs/HP053401.pdf 

State:  Georgia Bill Number: HB 1

• Short Description of Bill: Many people throughout the country have heard about Georgia HB 1, which would put a woman in the position of facing investigation and possible criminal charges for having a miscarriage. This representative introduces this same legislation every year and it is not likely to receive a committee hearing or move forward. RESOLVE will continue to monitor.
• Did RESOLVE support or oppose this Bill: RESOLVE opposes HB 1.
• Link to Bill: http://www1.legis.ga.gov/legis/2003_04/fulltext/hb1.htm
• Outcome: A bill was introduced in the Georgia House (HB 1) that would put a woman in the position of facing investigation and possible criminal charges for having a miscarriage. RESOLVE opposed this bill and monitored this legislation but it did not receive a hearing or vote.  This bill did not pass.

State: Georgia Bill Number: HB 182

• Short Description of Bill: This bill would require insurance companies to provide coverage for the diagnosis and treatment of infertility.
• Did RESOLVE support or oppose this Bill: RESOLVE supports HB 182.
• Link to Bill: http://www.legis.ga.gov/Legislation/en-US/display.aspx?Legislation=32440

State: Georgia Bill Number: HB 189

• Short Description of Bill: HB 89 is an attempt to criminalize physicians such as Perinatologists, Obstetricians, and Reproductive Endocrinologists for practicing medicine to the current standard of care.  It would put lawmakers in the center of the doctor/patient relationship.
• Did RESOLVE support or oppose this Bill: RESOLVE opposes HB 189.
• Current status of the Bill in the legislative process:  The Bill is currently is currently assigned to a Committee but a hearing has not been scheduled.
• Link to Bill: http://www.legis.ga.gov/Legislation/en-US/display.aspx?Legislation=32217
• Outcome: A bill was introduced in the Georgia House (HB 189) that would have criminalized physicians such as Perinatologists, Obstetricians, and Reproductive Endocrinologists for practicing medicine to the current standard of care. RESOLVE opposed this bill and monitored this legislation but it did not receive a vote. This bill did not pass.

State: Georgia Bill Number: SR 153

• Short Description of Bill: SR 153 is “personhood “legislation.  It is an attempt to amend the Georgia Constitution to give legal rights to a microscopic embryo. It is a ballot initiative, so if passed, this would go on the ballot for the residents of Georgia to vote on in the next election.
• Did RESOLVE support or oppose this Bill: RESOLVE opposes SR 153.
• Link to Bill: http://www.legis.ga.gov/Legislation/en-US/display.aspx?Legislation=32724
• Read RESOLVE's Personhood Legislation Policy. 
• Read Fetal personhood bills a bad idea published in NewsOK.com on March 5, 2011.
• Outcome: A bill was introduced in the Georgia Senate (SR 153) to amend the Georgia Constitution to give legal rights to a microscopic embryo. This was a Personhood ballot initiative, so if passed, this would have gone on the ballot for the residents of Georgia to vote on in the next election. RESOLVE opposed this bill. RESOLVE monitored this bill but it did not receive a vote. The bill did not pass; therefore, there was not a ballot initiative.

 State: Montana Bill Number: HB490

• Short Description of Bill: HB 490 would add to the Montana ballot a constitutional amendment to redefine the term “person” to include microscopic embryos from the moment of fertilization or conception.  Microscopic embryos would be given Constitutional rights to life, liberty, and property.  This bill is a "personhood" law that would make many infertility treatments, including in vitro fertilization (IVF) and cryopreservation of embryos for future family building, potentially illegal. 
• Did RESOLVE support or oppose this Bill: RESOLVE opposes HB 490
• Link to the Bill:  http://goo.gl/41HC2
• Read RESOLVE's Personhood Legislation Policy.
• Read Fetal personhood bills a bad idea published in NewsOK.com on March 5, 2011.  
• Outcome: A bill was introduced in the Montana House (HB 490) that would have allowed a Montana ballot initiative to change the state constitution to redefine the term “person” to include microscopic embryos from the moment of fertilization or conception.  This was a Personhood ballot initiative which RESOLVE opposed. The bill passed the House Judiciary Committee but did not pass the full House and Senate and did not become a ballot initiative. RESOLVE monitored this bill and created letters and alerts to residents of Montana.

 State: Texas Bill Number: HB 1109  

• Short Description of Bill: HB 1109 redefines the term “human organism” to include microscopic embryos from the moment of fertilization.   Microscopic embryos would be given Constitutional and state law rights, such as rights to life, liberty, and property.  This bill is a "personhood" law that would make many infertility treatments, including in vitro fertilization (IVF) and cryopreservation of embryos for future family building, potentially illegal. 
• Did RESOLVE support or oppose this Bill: RESOLVE opposes HB 1109.
• Link to Bill: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=82R&Bill=HB1109
• Read RESOLVE's Personhood Legislation Policy. 
• Read Fetal personhood bills a bad idea published in NewsOK.com on March 5, 2011 
• Outcome: A bill was introduced in the Texas House (HB 1109) which would have redefined the term “human organism” to include microscopic embryos from the moment of fertilization.   This was a Personhood bill which RESOLVE opposed. RESOLVE monitored the bill and created letters and alerts to residents of Texas.  This bill did not pass. 

 State: California Bill Number: AB 428 

• Short Description of Bill: AB 428 was recently introduced in the California Assembly. The bill will provide insurance coverage for fertility preservation procedures for men and women diagnosed with cancer.  The American Society of Reproductive Medicine supports this bill and his hosting a briefing on the bill in Sacramento on March 1st.
• Did RESOLVE support or oppose this Bill: RESOLVE supports AB 428.
• Link to Bill: http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_428&sess=CUR&house=B&author=portantino
• Outcome: A bill was introduced in the California Assembly (AB 428) that would provide insurance coverage for fertility preservation procedures for men and women diagnosed with cancer. RESOLVE supported this bill      

 State: Arizona Bill Number: SB 1250 Bill Name: Donor Conceived Children

• Description of Bill: Requires health facilities that receive donated human eggs or sperm for the purpose of infertility treatment to compile and retain non-identifying health records about the gamete donor or donors, or members of a gamete donor’s family.  Requires the health facility to provide the records to the prospective parents of a donor conceived child.  Specifies record retention requirements and who may access the information.
• Did RESOLVE support or oppose this Bill: RESOLVE opposes SB 1250.
• Link to Bill: http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=SB1250&Session_ID=102
• Outcome: A bill was introduced in the Arizona Senate (SB 1250) which would have required health facilities that receive donated human eggs or sperm for the purpose of infertility treatment to compile and retain non-identifying health records about the gamete donor or donors, or members of a gamete donor’s family.  RESOLVE opposed this bill.  This bill did not have a vote in the Senate and did not pass.

 State: North Dakota Bill Number: HB 1450

• Short Description of Bill: 
HB 1450 expands the term “human being” to include “every stage of development,” which means equating microscopic embryos from the moment of fertilization with full human beings.  This is a "personhood" bill that would make any action that led to the death of any embryo prosecutable as murder, manslaughter, or negligent homicide, carrying prison terms from 5 years to life.  Many infertility treatments, including in vitro fertilization (IVF) as it is now practiced and cryopreservation of embryos for future family building, could potentially become illegal.  Click here for a full analysis of HB 1450.
• Did RESOLVE support or oppose this Bill: RESOLVE opposes HB 1450.
• Link to the Bill: http://www.legis.nd.gov/assembly/62-2011/documents/11-0665-01000.pdf
• Read RESOLVE's Personhood Legislation Policy.
• Read Fetal personhood bills a bad idea published in NewsOK.com on March 5, 2011. 
• Outcome: A bill was introduced in the North Dakota House (HB 1450) that would have expanded the term “human being” to every stage of development. This was a Personhood bill, equating full human rights on a microscopic embryo. RESOLVE opposed this bill.  HB 1450 passed out of the committee but was tabled on the Senate floor. Senator Curtis Olafson offered the motion to kill the bill on the Senate floor.

 State: Oklahoma Bill Number: HB 1571

• Short Description of Bill: HB 1571 redefines the term “person” to include microscopic embryos from the moment of fertilization or conception and that microscopic embryos have inalienable Constitutional rights at that point. This bill is a "personhood" law that would make many infertility treatments, including in vitro fertilization (IVF) and cryopreservation of embryos for future gfamily building, potentially illegal. 
• Did RESOLVE support or oppose this Bill: RESOLVE opposes HB 1571.
• Link to the Bill, HB 1571: http://www.oklegislature.gov/BillInfo.aspx?Bill=HB1571
• Read RESOLVE's Personhood Legislation Policy.
• Read Fetal personhood bills a bad idea published in NewsOK.com on March 5, 2011. 
• Outcome: A bill was introduced in the Oklahoma House (HB 1571) that would redefine the term person to include microscopic embryos from the moment of fertilization. This was a Personhood bill. RESOLVE opposed HB 1571. The Senate committee tasked with hearing the bill did not have a hearing on the bill before the legislative deadline, therefore the bill died on the legislative session.

 State: Iowa Bill Number: HF 153

• Short Description of Bill: HF 153 provides that life begins at " the moment of conception" and that a microscopic embryo has full Constitutional rights at that point.  The bill also takes away judicial oversight of the new law.  This bill is a "personhood" law that would make many infertility treatments, including in vitro fertilization (IVF) and cryopreservation of embryos for future family building, potentially illegal. 
• Did RESOLVE support or oppose this Bill: RESOLVE opposes HF 153.
• Link to Iowa Bill HF 153: http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&menu=false&hbill=HF153 
• Read RESOLVE's Personhood Legislation Policy.
• Read Fetal personhood bills a bad idea published in NewsOK.com on March 5, 2011.
• Outcome: A bill was introduced in the Iowa House (HF 153) that would have defined that life begins at the moment of conception, equating microscopic embryos as full human beings. This was a Personhood bill. RESOLVE opposed this bill. The bill passed one Committee but did not pass the Iowa House. 

 State: Maryland Bill Number: HB 120 and SB 71 

• Short Description of Bill: HB 120/SB 71 would create a Commission to study the medical practice of surrogacy and gestational carriers.  While RESOLVE ordinarily supports good research and studies, this Commission would not necessarily include stakeholders who understand the value of surrogacy to people with infertility, including women who battled cervical or uterine cancer when they were younger.  Finally, one of the sponsors of the bill has publicly stated her intention to use the Commission to ban surrogacy in Maryland.
• Did RESOLVE support or oppose this Bill: RESOLVE opposes HB120 and SB 71. Read our letters to the House Committee Leadership and Senate Committee Leadership here.
• Links to Bill:
      HB 120 (Maryland House of Delegates): http://mlis.state.md.us/2011rs/billfile/HB0120.htm
      SB 71 (Maryland Senate): http://mlis.state.md.us/2011rs/billfile/SB0071.htm
• Outcome: A bill was introduced in the Maryland House and Senate (HB120 and SB 71) that would have created a Commission to study surrogacy and gestational carrier arrangements. RESOLVE opposed these bills due to the fact that the infertility patient and professional community would not have been part of the Commission. Bill supporters stated publicly they opposed surrogacy completely and wanted it banned in Maryland. The Senate Judicial Proceedings Committee voted no on the bill, killing the bill in the legislative session.

 State: Hawaii Bill Number: SB 615 

• Short Description of Bill: This legislation would improve the long-standing mandate in the state of Hawaii by increasing the coverage for in vitro fertilization from one cycle to four completed cycles. Additionally, it would remove the requirement that partners be legally married and update some of the language of the current law.
• Did RESOLVE support or oppose this Bill: RESOLVE supports SB 615.
• Link to Hawaii Bill SB 615: http://www.capitol.hawaii.gov/session2011/getstatus.asp?query=SB615&showtext=on&currpage=1
• Outcome: A bill was introduced in the Hawaii Senate (SB 615) that would improve the Hawaii infertility insurance mandate by increasing the coverage for in vitro fertilization from one cycle to four completed cycles. Additionally, it would remove the requirement that partners be legally married and update some of the language of the current law. RESOLVE supported SB 615. The bill passed out of a committee but did not have a full vote and therefore died in the legislative session.  

 State: Washington Bill Number: HB 1267 

• Short Description of Bill: HB 1267 expands and clarifies the rights and obligations of state registered domestic partners and other couples related to parentage. The Bill establishes consistent standards and procedural safeguards for the protection of all parties involved in a surrogacy contract in this state and to confirm the legal status of children born as a result of these contracts.
• Did RESOLVE support or oppose this Bill: RESOLVE supports HB1267
• Link to Washington Bill HB 1267: http://apps.leg.wa.gov/billinfo/summary.aspx?bill=1267&year=2011 
• Outcome: A bill was introduced in the Washington House (HB 1267) that would establish consistent standards and procedural safeguards for the protection of all parties involved in a surrogacy contract and confirm the legal status of children born as a result of these contracts.  RESOLVE supported HB 1267.  The bill was voted on by the full Washington House and passed 57-41.  The bill was referred to the Senate and died during a procedural vote on the Senate floor.

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