Abortion procedures would be barred except to save a pregnant woman's life

People would be prohibited from knowingly performing, inducing or attempting an abortion unless a medical emergency requires it to preserve the pregnant woman's life. The rule would apply to any person and would cover abortions as defined in the bill, including drug-induced abortions. Accidental or unintentional injury to or death of the unborn child during other medical treatment would not violate this section. The bill would not protect an abortion otherwise barred by federal or state law. The woman receiving the abortion could not be held liable under these sections. Misoprostol could still be used to treat a miscarriage. The provisions would take effect after publication in the statute book if enacted.

Any person other than barred government officials or agencies could bring a civil lawsuit against someone who violated the abortion restrictions or knowingly helped someone do so. Lawsuits could target providers, drug suppliers and people who aid or pay for an abortion, while state agencies, local governments and prosecutors could not enforce these sections. A successful plaintiff would receive an injunction, at least $10,000 for each covered abortion or drug violation, and attorney fees and court costs. A defendant could avoid a second award for the same violation after paying damages in an earlier case. A person accused of aiding could use a defense based on a reasonable investigation and belief that the physician followed the restrictions. The bill would not impose liability for speech or conduct protected by the First Amendment or the Kansas Constitution. A lawsuit could not be maintained more than six years after the claim arose.

Qualifying pregnancy resource centers and residential maternity facilities would be exempt from sales tax on purchases of personal property and services. Eligible organizations would need federal tax-exempt status, nonprofit status under Kansas law, a Kansas location open at least 20 hours weekly, free pregnancy-related services, and trained health care providers for available medical procedures. Services would need to help women carry pregnancies to term, encourage parenting or adoption, prevent abortion or promote healthy childbirth. The supplied text also lists the existing sales-tax section for repeal, so the final legal effect of this provision is unclear from the supplied text. The proposed exemption would apply according to the act's effective date, which would be after publication in the statute book if enacted.