Abortion and immigration laws now on the books

Two citizen-approved laws have gone into effect in Montana that were placed on the ballot by the Republican-led legislature in 2011 to avoid a possible veto by Democratic Gov. Brian Schweitzer. Meanwhile, additional legislation on abortion and illegal immigrants are being brought to this year’s legislature.

• About 70 percent of voters approved a law requiring minors under-16 to have parental permission before having an abortion. A doctor convicted of performing an abortion without the proper notification could receive a six-month sentence and a $500 fine.

Opponents argued that government should not play a role in such decisions, and that in some cases parental notification is not appropriate, such as in abusive homes. No legal challenges, however, have been filed in court.

Rep. Keith Regier, R-Kalispell, who represents rural areas south of Columbia Falls, is sponsoring a bill to criminalize the killing of a fetus. The bill excludes medical procedures such as abortion and adds the phrase “unborn child” to homicide laws. Regier said his “pregnant woman protection act” will “put the proper value on pregnancy.

Opponents claim Regier’s bill is unnecessary and could lead to intrusive investigations into a mother’s health history.

• Nearly 80 percent of voters approved the new law requiring every person seeking work with the state government to prove they are a U.S. citizen or residing in the U.S. legally.

The measure is already subject to legal challenge as critics say the new law violates constitutional rights to privacy and due process. Helena District Court Judge Jeffrey Sherlock has scheduled a February hearing to look at the constitutional challenges. Opponents also claim there is no proof an immigration problem exists in Montana.

Rep. David Howard, R-Park City, a retired FBI agent, is sponsoring a bill that would require cities to help enforce federal laws on illegal immigrants. He said cities around the U.S. have policies directing their police not to inquire about immigration status or to report illegal immigrants to federal authorities.

Opponents are concerned that Howard’s bill would increase costs for local police departments and infringe on privacy rights provided by the Montana Constitution.