| 47 | | - | SECTION 1. The legislature finds that the people of Hawaii have a long tradition of protecting an individual's right to privacy and bodily autonomy independently of, and more broadly than, the federal constitution. In 1970, the State became the first state in the nation to legalize abortion with the enactment of Act 1, Session Laws of Hawaii 1970. In 1978, the 1978 Hawaii State Constitutional Convention proposed, and the electorate approved, an amendment to explicitly codify the right to privacy in article I, section 6, of the Hawaii State Constitution. In 2006, the legislature took one of its constitutionally required affirmative steps to implement the right to privacy by passing Act 35, Session Laws of Hawaii 2006, which established that the State shall not deny or interfere with a pregnant person's right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect a pregnant person's life or health. Act 35 also removed the outdated requirement that individuals who seek an abortion be a Hawaii resident for at least ninety days. However, the legislature further finds that existing developments in the legal landscape threaten the State's policy to protect an individual's right to privacy and personal autonomy over one's body within state boundaries. In June 2022, the Supreme Court of the United States held in Dobbs v. Jackson Women's Health Organization, 142 S.Ct. 2228 (2022), that the United States Constitution does not confer a right to an abortion. Dobbs overruled Roe v. Wade, 410 U.S. 113 (1973), and Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992), and the nearly fifty years of federal precedent regarding reproductive rights. The impact of Dobbs has resulted in many states either banning or severely restricting access to abortion. Additionally, some states are pursuing laws or policies purporting to impose civil or criminal liability or professional discipline in connection with the provision or receipt of, or assistance with, reproductive health care services outside of these states' borders. It is the policy of this State that the rights of equality, liberty, and privacy guaranteed under article I, sections 3, 5, and 6, of the Hawaii State Constitution are fundamental rights and that those rights include an individual's right to make reproductive health care decisions about one's own body and to decide whether to bear a child or obtain an abortion. Due to the shifting legal landscape regarding the right to privacy and an individual's bodily autonomy, the legislature finds it is imperative to reiterate and bolster the State's policy to affirm protection of these rights and freedoms within the state boundaries. The purpose of this Act is to bolster the State's policy to protect the right to privacy and bodily autonomy within the boundaries of the State for all individuals, including minors. In-person abortion care is only available on Maui and Oahu. Furthermore, sixty-three per cent of abortions are accomplished with the administration of oral medication. Two medications are commonly used for abortion: misoprostol and mifepristone. The United States Food and Drug Administration may change approved indications for these medications and the mifepristone supply chain may suffer temporary disruption. Given those possibilities, the State has a responsibility to uphold civil and reproductive rights and may choose to stockpile medication required to facilitate maintaining the status quo on reproductive rights. Other states have adopted laws or implemented policies to stockpile abortifacient medications, including California (to stockpile two hundred fifty thousand doses), New York (to stockpile one hundred fifty thousand doses), Massachusetts, and Washington. The department of health has stockpiled abortifacient medications in the past and can do so again. Mifepristone has a five-year shelf life. This Act requires the department of health to stockpile a one-year supply of mifepristone (approximately one thousand doses) by working with one or more local pharmacies. SECTION 2. The department of health shall purchase and store a one-year supply of mifepristone, as determined by the department of health. The department of health shall coordinate with one or more pharmacies located in the State to purchase the supply. SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 for the purchase of a one-year supply of mifepristone. The sum appropriated shall be expended by the department of health for the purposes of this Act. SECTION 4. This Act shall take effect on December 31, 2050. |
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| 47 | + | SECTION 1. The legislature finds that the people of Hawaii have a long tradition of protecting an individual's right to privacy and bodily autonomy independently of, and more broadly than, the federal constitution. In 1970, the State became the first state in the nation to legalize abortion with the enactment of Act 1, Session Laws of Hawaii 1970. In 1978, the 1978 Hawaii State Constitutional Convention proposed, and the electorate approved, an amendment to explicitly codify the right to privacy in article I, section 6, of the Hawaii State Constitution. In 2006, the legislature took one of its constitutionally required affirmative steps to implement the right to privacy by passing Act 35, Session Laws of Hawaii 2006, which established that the State shall not deny or interfere with a pregnant person's right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect a pregnant person's life or health. Act 35 also removed the outdated requirement that individuals who seek an abortion be a Hawaii resident for at least ninety days. However, the legislature further finds that existing developments in the legal landscape threaten the State's policy to protect an individual's right to privacy and personal autonomy over one's body within state boundaries. In June 2022, the Supreme Court of the United States held in Dobbs v. Jackson Women's Health Organization, 142 S.Ct. 2228 (2022), that the United States Constitution does not confer a right to an abortion. Dobbs overrules Roe v. Wade, 410 U.S. 113 (1973), and Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992), and the nearly fifty years of federal precedent regarding reproductive rights. The impact of Dobbs has resulted in many states either banning or severely restricting access to abortion. Additionally, some states are pursuing laws or policies purporting to impose civil or criminal liability or professional discipline in connection with the provision or receipt of, or assistance with, reproductive health care services outside of these states' borders. It is the policy of this State that the rights of equality, liberty, and privacy guaranteed under article I, sections 3, 5, and 6, of the Hawaii State Constitution are fundamental rights and that those rights include an individual's right to make reproductive health care decisions about one's own body and to decide whether to bear a child or obtain an abortion. Due to the shifting legal landscape regarding the right to privacy and an individual's bodily autonomy, the legislature finds it is imperative to reiterate and bolster the State's policy to affirm protection of these rights and freedoms within the state boundaries. The purpose of this Act is to bolster the State's policy to protect the right to privacy and bodily autonomy within the boundaries of the State for all individuals, including minors. In-person abortion care is only available on Maui and Oahu. Furthermore, sixty-three per cent of abortions are accomplished with the administration of oral medication. Two medications are commonly used for abortion: misoprostol and mifepristone. The Federal Drug Administration may change approved indications for these medications and the mifepristone supply chain may suffer temporary disruption. Given those possibilities, the State has a responsibility to uphold civil and reproductive rights and may choose to stockpile medication required to facilitate maintaining the status quo on reproductive rights. Other states have adopted laws or implemented policies to stockpile abortifacient medications, including California (to stockpile two hundred fifty thousand doses, New York (to stockpile one hundred fifty thousand doses), Massachusetts, and Washington. The department of health has stockpiled abortifacient medications in the past and can do so again. Mifepristone has a five-year shelf life. This Act requires the department of health to stockpile a one-year supply of mifepristone (approximately one thousand doses) by working with one or more local pharmacies. This Act appropriates $75,000 for this purpose to be expended by the department of health. SECTION 2. The department of health shall purchase and store a one-year supply of mifepristone, as determined by the department of health. The department of health shall coordinate with one or more pharmacies located in the State to purchase the supply. SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $75,000 or so much thereof as may be necessary for fiscal year 2025-2026 for the purchase of a one-year supply of mifepristone. The sum appropriated shall be expended by the department of health for the purposes of this Act. SECTION 4. This Act shall take effect on July 1, 2025. INTRODUCED BY: _____________________________ |
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