Bill Summary for H 695 (2013-2014)

Summary date: 

May 15 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 695 (Public) Filed Tuesday, April 9, 2013
A BILL TO BE ENTITLED AN ACT TO PROTECT RIGHTS AND PRIVILEGES GRANTED UNDER THE UNITED STATES AND NORTH CAROLINA CONSTITUTIONS IN THE APPLICATION OF FOREIGN LAW, TO MODIFY CERTAIN LAWS PERTAINING TO ABORTION, TO LIMIT ABORTION COVERAGE UNDER HEALTH INSURANCE PLANS OFFERED UNDER A HEALTH BENEFIT EXCHANGE OPERATING IN NORTH CAROLINA OR OFFERED BY A COUNTY OR MUNICIPALITY, TO PROHIBIT A PERSON FROM PERFORMING OR ATTEMPTING TO PERFORM AN ABORTION WHEN THE SEX OF THE UNBORN CHILD IS A SIGNIFICANT FACTOR IN SEEKING THE ABORTION, TO DIRECT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO AMEND RULES PERTAINING TO CLINICS CERTIFIED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO BE SUITABLE FACILITIES FOR THE PERFORMANCE OF ABORTIONS, AND TO AMEND THE WOMEN'S RIGHT TO KNOW ACT.
Intro. by Whitmire, Cleveland, Schaffer, Pittman.

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Bill summary

House committee substitute makes the following changes to the 1st edition.

Deletes the term legal right from the definitions section. Amends the definition for constitutional right, changing it to fundamental constitutional right.

Makes conforming changes, amending section titles and language, replacing any occurrence of "legal right" or "constitutional right" with "fundamental constitutional right."

Amends GS 1-87.4, Nonapplication of foreign law that would violate fundamental constitutional rights, providing that a court, or any other enity or person acting under the authority of state law will not apply a foreign law in any legal proceeding involving, or recognize a foreign judgment involving, a claim for absolute divorce, divorce from bed and board, child custody, child support, alimony, or equitable distribution if doing so would violate a party's fundamental constitutional right.

Enacts new GS 1-87.10, providing that the provisions of this act will apply only to proceedings or matters under GS Chapters 50 and 50A.

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