Bill Text: NJ A3418 | 2024-2025 | Regular Session | Introduced
Bill Title: Enters New Jersey in Women's Reproductive Health Care Compact.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-02-01 - Introduced, Referred to Assembly Community Development and Women's Affairs Committee [A3418 Detail]
Download: New_Jersey-2024-A3418-Introduced.html
Sponsored by:
Assemblywoman PAMELA R. LAMPITT
District 6 (Burlington and Camden)
Assemblywoman AURA K. DUNN
District 25 (Morris and Passaic)
SYNOPSIS
Enters New Jersey in Women's Reproductive Health Care Compact.
CURRENT VERSION OF TEXT
As introduced.
An Act entering New Jersey in the Women's Reproductive Health Care Compact and supplementing Title 10 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Women's Reproductive Health Care Compact Act."
2. The Governor of New Jersey, on behalf of this State, is authorized to execute a compact in substantially the following form with any one or more of the states, districts, or territories of the United States of America:
ARTICLE 1 MEMBERSHIP
A state, district, or territory of the United States of America may become a member state of this compact by enacting this compact.
ARTICLE 2 DEFINITIONS
As used in this compact:
"Member state" means a state, district, or territory of the United States of America that has entered into this compact.
"Reproductive health care services" means a medical, surgical, counseling, or referral service relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy.
ARTICLE 3 FINDINGS
The member states find that:
a. In 1973, Roe v. Wade articulated the protection under the Constitution of the United States of a woman's fundamental right to make reproductive health care decisions.
b. Today, the fundamental right of a woman to make reproductive health care decisions has been denied to millions of women across the United States.
c. In states that are banning or severely restricting abortion care, access to reproductive health care services is now threatened.
d. States must collect data, protect women's reproductive health care service delivery, and find ways to work with neighboring states to protect and defend reproductive rights.
ARTICLE 4 PROHIBITIONS
A member state shall work with other member states to:
a. prevent the extradition or investigation of an individual or entity involved in the provision or receipt of women's reproductive health care services;
b. prevent the disclosure of records or permitting civil discovery orders for the provision or receipt of women's reproductive health care services;
c. prevent negative licensing actions or malpractice insurance increases and clawback lawsuits against individuals or entities for the provision or receipt of women's reproductive health care services; and
d. prohibit collection of data on:
(1) the number of individuals seeking women's reproductive health care services;
(2) the domicile of an individual seeking women's reproductive health care services;
(3) the form of actions taken against women and their medical providers for seeking out-of-state reproductive health care services; and
(4) barriers identified by women seeking out-of-state reproductive health care services, including costs for transportation, lodging, food, child care, and any other relevant issues.
ARTICLE 5 EXCLUSIONS
The following are not subject to this compact:
a. The collection of data not relating to women's reproductive health care services; and
b. The collection of information which would constitute
a violation of:
(1) the "Health Insurance Portability and Accountability Act of 1996," Pub.L.104-191; or
(2) Any federal or state privacy law.
ARTICLE 6 WITHDRAWAL
Any member state may withdraw from this compact with six months' written notice to the chief executive officer of every other member state to the compact.
ARTICLE 7 ENFORCEMENT
The attorney general of each member state shall enforce this compact. A taxpaying resident of any member state has standing in the courts of any member state to require the attorney general of that member state to enforce this compact.
ARTICLE 8 CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate its purposes. If any provision of this compact, or the applicability of any provision of this compact to any government, agency, person, or circumstance, is declared in a final judgment by a court of competent jurisdiction to be contrary to the Constitution of the United States or is otherwise held invalid, the validity of the remainder of this compact and the applicability of the remainder of this compact to any government, agency, person, or circumstance shall not be affected. If this compact is held to be contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the affected member state as to all severable matters.
ARTICLE 9 OPERATION
When the Governor executes the Women's Reproductive Health Care Compact on behalf of this State and files a verified copy thereof with the Secretary of State and when the compact is ratified by one or more other states, districts, or territories of the United States of America, the compact shall become operative and effective between this State and the other states, districts, or territories of the United States of America. The Governor is authorized and directed to take action as may be necessary to complete the exchange of official documents between this State and any other state, district, or territory of the United States of America ratifying the compact.
3. This act shall take effect 60 days following the date of enactment.
STATEMENT
This bill enters New Jersey in the Women's Reproductive Health Care Compact (compact).
Under the bill, a member state is to work with other member states to: (1) prevent the extradition or investigation of an individual or entity involved in the provision or receipt of women's reproductive health care services; (2) prevent the disclosure of records or permitting civil discovery orders for the provision or receipt of women's reproductive health care services; (3) prevent negative licensing actions or malpractice insurance raises and clawback lawsuits against individuals or entities for the provision or receipt of women's reproductive health care services; and (4) prohibit collection of data on: (i) the number of individuals seeking women's reproductive health care services; (ii) the domicile of an individual seeking women's reproductive health care services; (iii) the form of actions taken against women and their medical providers for seeking out-of-state reproductive health care services; and (iv) barriers identified by women seeking out-of-state reproductive health care services, including costs for transportation, lodging, food and child care and any other relevant issues.
The bill provides that the following are not subject to this compact: (1) the collection of data not relating to women's reproductive health care services; and (2) the collection of information which would constitute a violation of: (i) the "Health Insurance Portability and Accountability Act of 1996," Pub.L.104-191; or (ii) any federal or state privacy law.
Under the bill, any member state may withdraw from this compact with six months' written notice to the chief executive officer of every other member state to the compact. The attorney general of each member state is to enforce this compact. A taxpaying resident of any member state has standing in the courts of any member state to require the attorney general of that member state to enforce this compact.
The bill provides that the compact is to be liberally construed so as to effectuate its purposes. If any provision of this compact, or the applicability of any provision of this compact to any government, agency, person, or circumstance, is declared in a final judgment by a court of competent jurisdiction to be contrary to the Constitution of the United States or is otherwise held invalid, the validity of the remainder of this compact and the applicability of the remainder of this compact to any government, agency, person, or circumstance is not to be affected. If this compact is held to be contrary to the constitution of any member state, the compact is to remain in full force and effect as to the remaining member states and in full force and effect as to the affected member state as to all severable matters.
