OFFICE OF THE GOVERNOR STATE OF MISSOURI JEFFERSON CITY (314)751-3222

MEL CARNAHAN May 4, 1995 ROOM 216
  GOVERNOR STATE CAPITOL
                65101

TO THE SECRETARY OF THE SENATE
88TH GENERAL ASSEMBLY
FIRST REGULAR SESSION
STATE OF MISSOURI:

        Herewith I return to you House Substitute for Senate Substitute
No. 2 for Senate Committee Substitute for Senate Bill No. 279 entitled:

"AN ACT"
       To amend chapter 487, RSMo, by adding eleven new sections
relating to reduction of out-of-wedlock conception, inadequate prenatal
care, infant mortality, and abortion and to support childbirth and family
planning through case managers with family courts.

        I support making counseling available to those families and
individuals who want and need it.  But this bill goes far beyond that,
much too far.  It undermines our right of privacy and requires Missouri
families to submit to unwanted intrusion by state government without any
consideration as to whether they will benefit or be harmed by that
intrusion.

        This legislation gives government the right to interfere with the
private, personal decisions of Missouri's families.  Such intrusion is
offensive and demeaning to the women and families who must face the
difficult question of whether to end a pregnancy.
The Missouri Department of Health and numerous other government,
not-for-profit, and private organizations provide guidance and counseling
on this question to anyone who voluntarily wishes to have it.  Making
information available to those who wish to have it is an appropriate and
constructive role for government.  But, it is neither appropriate nor
constructive role for government.  But, it is neither appropriate nor
constructive to subject a woman and her family, by force of law, to
unwarranted and unwelcome intrusion by a government agency into the
personal and private matters of that family.  Missourians do not want or
need more government control and interference in our private lives.


        In addition to increasing government intrusion and interference in
the lives of Missourians, this legislation fails to adequately protect
women from harassment or harm by ideological extremists.  For example, the
bill:

TO THE SECRETARY OF THE SENATE May 4, 1995 Page 2

*includes no penalties for someone who fraudulently claims to be certified
as a "case manager";

*includes no criminal penalties for a "case manager" who discloses
confidential information, including confidential medical information,
about a woman or her family;

*includes no provisions to prevent a "case manager" from contacting or,
more importantly, harassing a woman after an abortion;

*includes no provisions to prevent ideological extremists from becoming
certified as "case managers";


*includes no sanctions against unscrupulous or unethical "case managers"
except revoking his or her certification;

*fails to adequately define the circumstances under which a "case
manager's" certification can be revoked;

*and fails to define what will be included in the training of "case
managers".

        Thus, this bill provides neither adequate safeguards nor
sufficient legal recourse to the women who would be subject to this law.
In order to obtain state permission to have an abortion, a woman would be
required by law to subject herself to potentially dangerous and
emotionally traumatic situations.  I cannot, in good conscience, allow
this to happen.

        Furthermore, this bill requires women to suffer indignities that
are simply beyond fairness and reason.  If an anti-choice "case manager"
refuses to sign an authorization allowing a woman to have an abortion,
then that woman must go before a notary public to take an oath attesting
that she has met the conditions of the law.  The nature of that oath must
then be officially recorded and becomes public record.  Only after making
this public declaration that she intends to have an abortion is she
permitted, under this legislation, to have the procedure.  This is
outrageous.  I can't possibly imagine that most Missourians would want a
woman to have to suffer that kind of humiliation.

        Missouri, like other states, must strive to reduce the number of
unwanted pregnancies and abortions.  It is for that reason that I have
consistently included family planning services in my budget
recommendations.  Family planning is a responsible and effective way to
reduce unwanted pregnancies and abortions.  Depriving women and their
families of their privacy rights is not.


TO THE SECRETARY OF THE SENATE May 4, 1995 Page 3

        I therefore veto this unjustified, flawed, and intrusive piece of
legislation.

        For the above and foregoing reasons, House Substitute for Senate
Substitute No. 2 for Senate Committee Substitute for Senate Bill 279 is
returned and not approved.

                Respectfully submitted,

                /S/ Mel Carnahan

                Mel Carnahan
.