LINCOLN — After days of negotiations, Nebraska lawmakers struck a deal to advance the main budget bill to the final round of debate.
The deal worked out by lawmakers most likely means that Planned Parenthood of the Heartland will be excluded from Title X funds for a while, which prompted fierce opposition from the senators who ultimately voted against moving the budget bill forward.
Entities that provide abortion services could qualify for funds only if their Title X services are legally, physically and financially separated from their abortion services. Sen. Sara Howard said that would be difficult for Planned Parenthood to accomplish, with Title X grant applications due in the coming months.
A handful of senators spent days trying to come up with a compromise that would end a budget impasse. That compromise was delivered to senators in an amendment Wednesday.
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The main budget bill, Legislative Bill 944, got stuck on second-round debate last week after senators could not find common ground on controversial language proposed by Gov. Pete Ricketts. Two separate votes to end debate on the budget failed.
Nebraska State Sen. Ernie Chambers speaks during the budget debate on Wednesday, March 28.
Much of the debate on the $8.8 billion budget has focused on the less than $2 million of federal money known as Title X. Ricketts proposed ending Title X funding to entities that perform, counsel or refer for abortions. The proposed language is inside the main budget bill, which has caused frustration among some senators who said a social issue should not be tucked into the budget.
Other senators were concerned that the language would disqualify federally qualified health centers from receiving the funds they use to help low-income women and men pay for contraceptives, cervical cancer screenings, treatment for sexually transmitted diseases and other services. The money cannot be used for abortions.
Senators who supported Ricketts’ language said it was needed to ensure that federal money wasn’t being used for abortion-related services, which is prohibited by federal law. State audits found that some of the funds were mistakenly used and later paid back, which several senators said put the entire state at risk of losing funds.
Sen. Lou Ann Linehan of Omaha said many Nebraskans feel it’s morally incorrect for their tax dollars to go to abortion services.
The amendment to the bill limits referrals to abortions for emergencies, but neutral, factual, nondirective information about pregnancy termination could still be given.
Sen. Patty Pansing Brooks of Lincoln asked several senators if they thought the amendment was drafted to exclude Planned Parenthood from Title X funding.
“Yes, I do,” Howard said.
“Not at all,” said Sen. Mike Hilgers of Lincoln.
“It appears so, yes,” said Sen. John Stinner of Gering.
Sen. Patty Pansing Brooks asked if an amendment to the budget bill was drafted to exclude Planned Parenthood from Title X funding.
Forty-three senators voted to cease debate, four voted against it and two senators were present and not voting.
Then 44 senators voted to advance the main budget bill to final reading. Four senators voted against advancing the bill and one senator was present and not voting.
Outside the legislative chamber there was confusion about what the amendment would mean for clinics that receive the funds and for those who don’t want to see the federal funds aiding abortion services.
Meg Mikolajczyk, a lobbyist for Planned Parenthood of the Heartland, said she does not believe Planned Parenthood could continue getting Title X funds under the compromise. She questioned whether other agencies would qualify either.
On the other side, abortion opponents also were trying to decipher the compromise.
Julie Schmit-Albin, executive director of Nebraska Right to Life, was concerned about language allowing abortion referrals in emergency situations. She said she hopes that does not create a loophole under which agencies would classify nonemergency abortions as emergencies and continue making referrals.
Danielle Conrad, executive director of ACLU of Nebraska and a former state senator, said the compromise creates more questions than answers about what agencies would have to do to qualify for Title X funds. If the budget passes with the Title X language included, Conrad said the ACLU would be looking at all of its options, including a legal challenge.
“It’s unclear to us what most of this language actually means,” she said. “It risks tearing significant holes in our safety net and impermissibly targets trusted providers like Planned Parenthood.”
