SLS 13RS-654 ORIGINAL
Page 1 of 4
Regular Session, 2013
SENATE CONCURRENT RESOLUTI ON NO. 57
BY SENATORS MARTINY, APPEL, CORTEZ, CROWE, GUILLORY, JOHNS, LONG,
MILLS, NEVERS, PEACOCK, PERRY, THOMPSON, WALSWORTH,
WARD AND WHITE AND REPRESENTATIVES STUART BISHOP,
BURFORD, HENRY BURNS, CARMODY, CHANEY, CONNI CK,
FANNIN, GUINN, HARRIS, HENRY, HILL, HODGES, HOFFMANN,
HOWARD, IVEY, LOPINTO, MACK, ORTEGO, PEARSON, POPE,
PUGH, RICHARD, SCHRODER, SHADOIN, SIMON, STOKES AND
TALBOT
GOVERNMENTAL REGULATIONS. Requests various state and local departments to take
certain actions regarding the commercial construction and operation by Planned Parenthood
Gulf Coast of a facility to provide abortions in Louisiana.
A CONCURRENT RESOLUTI ON1
To urge and request the various departments to take certain actions regarding the2
commercial construction and operation by Planned Parenthood Gulf Coast of a3
facility to provide abortions in Louisiana.4
WHEREAS, Planned Parenthood Federation of America is a private, nonprofit5
organization that provides sexual and reproductive health services and is the largest provider6
of abortions in the United States; and 7
WHEREAS, the affiliate Planned Parenthood facilities in Louisiana provide sexual8
and reproductive health services, but currently do not provide abortions; and 9
WHEREAS, in 2010, the non-abortion providing Planned Parenthood affiliates in10
Louisiana merged with the abortion providing affiliates of Planned Parenthood Houston and11
Southeast Texas, Inc., to form the new umbrella organization headquartered in Houston12
known as Planned Parenthood Gulf Coast, which operates the largest Planned Parenthood13
abortion facility in the United States; and 14
WHEREAS, Planned Parenthood Gulf Coasts has purchased three parcels of land on15
Claiborne Avenue in New Orleans and plans to build a four million two hundred thousand16
dollar, seven thousand square foot facility where they intend to start performing abortions,17
according to their own legislative testimony and fundraising materials; and 18 SCR NO. 57
SLS 13RS-654 ORIGINAL
Page 2 of 4
WHEREAS, the state of Louisiana has various economic incentive programs for1
commercial construction and labor for certain businesses; and 2
WHEREAS, permits for the construction of the abortion facility to be built with3
private funds raised by Planned Parenthood Gulf Coast on Claiborne Avenue should include4
plans for the sanitary disposal of human remains for the safety and welfare of Louisiana5
residents; and6
WHEREAS, Planned Parenthood Gulf Coast also intends to provide other services7
including contraception and sexually transmitted disease testing that are available at public8
health units and at nonprofit facilities all over the Louisiana region under the same Medicaid9
pricing structure used by Planned Parenthood; and 10
WHEREAS, the two current Planned Parenthood Gulf Coast clinics in New Orleans11
and Baton Rouge receive state and federal funding in the amount of "approximately one12
million dollars a year in fee-for-service Medicaid reimbursement" for non-abortion13
reproductive health services, according to testimony given by a Planned Parenthood Gulf14
Coast representative in the House Committee on Health and Welfare on May 4, 2011; and15
WHEREAS, federal and Louisiana laws regulate which services are reimbursable16
under Medicaid and provide for the practice of employees of public or private social service17
agencies with regard to abortion; and 18
WHEREAS, R.S. 40:1299.34.5 provides that no public funds shall be used in any19
way for, to assist in, or to provide facilities for an abortion, except when the abortion is20
medically necessary to prevent the death of the mother; and 21
WHEREAS, R.S. 40:1299.34 provides that no person employed in any public or22
private social service agency, by contract or otherwise, which is a recipient of any form of23
government assistance shall require or recommend that any woman have an abortion; and24
WHEREAS, in the Senate Committee on Health and Welfare on June 8, 2012, the25
Planned Parenthood Gulf Coast representative was asked, "Do the two Planned Parenthood26
facilities recommend abortion to any of their clients?" The Planned Parenthood27
representative responded, "We do. It's part of our comprehensive pregnancy counseling.28
We provide options for all available resources including . . . abortion referral if that's29
requested"; and 30 SCR NO. 57
SLS 13RS-654 ORIGINAL
Page 3 of 4
WHEREAS, two lawsuits by former employees are pending against Planned1
Parenthood Gulf Coast, the same organization building the New Orleans complex, alleging2
up to five million dollars in Medicaid fraud pursuant to the federal "False Claims Act"; and3
WHEREAS, Abby Johnson, a former Planned Parenthood employee, alleges in her4
false claims lawsuit that members of Planned Parenthood's key management team instructed5
Planned Parenthood Gulf Coast staff to provide auditors with charts that had been "fixed"6
regarding abortion on minor girls to ensure that "required documentation, especially with7
regard to parental consent and non-coercion, was included in each client file"; and8
WHEREAS, disregard for parental involvement for minors and non-coercion laws9
endangers the health and safety of Louisiana's women and young girls, and facilitates sex-10
trafficking, sexual tourism, and prostitution of minors; and 11
WHEREAS, there is a responsibility of the state of Louisiana to ensure that12
organizations operate in compliance with all laws, and if laws are being violated, take13
appropriate actions against such organizations. 14
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby15
urge and request the Department of Health and Hospitals, the Division of Administration,16
the legislative auditor, and the office of the Inspector General to review and monitor the17
practices of Planned Parenthood Gulf Coast to determine whether the organization is in18
compliance with all state and federal laws and regulations, including but not limited to19
provisions concerning public funding of abortion facilities, R.S. 40:1299.34.5; the20
counseling or recommendation of abortion by state contractors, R.S. 40:1299.34; the21
mandatory reporting of child sexual abuse pursuant to Louisiana Children's Code Articles22
603, 609, and 610 and R.S. 14:80, regarding felony carnal knowledge of a juvenile; parental23
consent for minors seeking abortion requirements, R.S. 40:1299.35.5; and the informed24
consent and signage requirements of R.S. 40:1299.35.5.1 and 1299.35.6.25
BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby urge26
and request that any application for economic incentives of any kind filed by Planned27
Parenthood Gulf Coast or any of its abortion-providing affiliates to construct, purchase, or28
operate any facility, or to employ any individuals therein, be denied by the Louisiana29
Department of Economic Development, the Louisiana Department of Labor, or any other30 SCR NO. 57
SLS 13RS-654 ORIGINAL
Page 4 of 4
department, and that any application for any economic incentive filed by Planned1
Parenthood Gulf Coast be reported to the Senate Committee on Commerce, Consumer2
Protection and International Affairs and the House Committee on Commerce by the3
department receiving such application.4
BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby urge5
and request that the City of New Orleans Department of Safety and Permits and the6
permitting authority of any other city in which Planned Parenthood Gulf Coast seeks to7
construct or operate an outpatient abortion facility require plans for the sanitary disposal of8
human remains for the safety and welfare of Louisiana residents.9
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the10
commissioner of the Division of Administration, the secretary of the Department of Health11
and Hospitals, the secretary of the Department of Economic Development, the secretary of12
the Department of Labor, the legislative auditor, the state inspector general, and the city of13
New Orleans Department of Safety and Permits.14
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Martiny SCR No. 57
Requests various state and local departments to take certain actions regarding the
commercial construction and operation by Planned Parenthood Gulf Coast of a facility to
provide abortions in La.