STAT GUIDE TO ABORTION RIGHTS FORTHE ENTERTAINMENT INDUSTRY FILM INDUSTRY STATE-BY-STATE GUIDE TO WOMEN’S BODILY AUTONOMY Introduction Following the passage of a number of draconian attacks on a pregnant person’s right to choose in 2019, including those in states in which the motion picture and television industries conduct significant business, it has become apparent that those in our industry need to be able to make informed choices on where they will and will not work. This guide attempts to provide a snapshot of the current state of laws across the nation and serve as a quick-reference for actors, producers, directors, studios and other parties in deciding where it is safe for women to work. About the Guide This guide looks at both current (June 2019) top-line incentives offered by each state (as guideed by filmproductioncapital.com), as well as some of the laws that would impact pregnant people who film in those states. Based on the laws and NOT factoring in the financials, each state is then color-coded on a traffic light system. GREEN is Least Threatened YELLOW is Threatened RED is Most Threatened Laws were sourced from NARAL Pro Choice America and Ballotpedia primarily. Where those sources differed (as is to be expected in a continually shifting legal landscape), other sources were used. What this guide is NOT This guide was developed with the notion that most of those making use of it in determining whether to travel to a state for work. With that, the writers attempted to look at the factors that would most affect those individuals and not the individuals residing in the state. As a result, it does not account for several factors that would be important to those residents, including limitations on providers, Medicaid or other public payments for health, and other limitations to abortion services. These factors can result in significant problems including race-based bias, income bias, and more. In no way should a “green” rating be interpreted to mean that these restrictions, should they exist in the state, are unimportant or approved of by the writers. Rather, they are simply less likely to directly impact the intended audience for this guide. Information on these laws can be found on a state by state basis on the NARAL Pro Choice America website, and the authors encourage you to read these. Insofar as the financial incentives are listed, these are meant to be top-line readings only. There are often additional limitations on these incentives based on spending, residency, duration of shoot, program caps, and more. For more information on a state-by-state basis, visit filmproductioncapital.com. Finally, this guide looks solely at abortion law. “Green” states may have other significant human rights problems which are not addressed by the guide. A note on language Because we know that the LGBTQ community is also affected by abortion access and many nonbinary and transgender individuals may also need access to abortion, this guide attempts to use non-gender specific language like “those affected” or “Pregnant persons” or just “people.” This may sometimes conflict with state law, which may list “women” or “females” in some instances. Language matters. Abortion Rights Under Threat Least Threatened nder Threat Most Threatened ALABAMA Most Threatened INDUSTRY INCENTIVES CURRENT LAWS • • • 25% tax credit on qualified production expenses 35% tax credit on state resident payroll • • • Abortion is permitted until the 20th week of pregnancy Ultrasound and "counseling" required 24-hour waiting period after "counseling" Pregnant persons under 18 must obtain parental consent PENDING LAWS • Abortion prohibited 6 weeks after fertilization, does not include exemptions for rape or incest ALASKA Least Threatened INDUSTRY INCENTIVES CURRENT LAWS • • 25% transferable tax credit on qualified production expenditures • • State law does not ban abortion at any gestational period “Counseling” required before procedure No parental notification required PENDING LAWS • No major pending laws regarding abortion ARIZONA Threatened INDUSTRY INCENTIVES CURRENT LAWS • • No current incentives Abortion is permitted until the 24th week of pregnancy Ultrasound and "counseling" required 24-hour waiting period after "counseling" Pregnant persons under 18 must obtain parental consent PENDING LAWS • No major pending laws regarding abortion ARKANSAS Most Threatened INDUSTRY INCENTIVES CURRENT LAWS • • • • Expires June 30, 2019 20% cash rebate on qualified production expenditures 30% cash rebate on state resident payroll • • • Abortion is permitted until the 20th week of pregnancy 48-hour waiting period after "counseling" Pregnant persons under 18 must obtain parental consent State has "trigger law" that will outlaw all abortions if Roe v. Wade is overturned. PENDING LAWS • No major pending laws regarding abortion CALIFORNIA Least Threatened INDUSTRY INCENTIVES CURRENT LAWS • • 25% transferable tax credit on qualified production expenditures • • Abortion is permitted until the “fetal viability” State law explicitly protects freedom of choice Pregnant persons under 18 must obtain parental consent PENDING LAWS • No major pending laws regarding abortion COLORADO Least Threatened INDUSTRY INCENTIVES CURRENT LAWS • • • 20% tax credit on qualified production expenditures 50% of crew must be Colorado residents • No week of pregnancy or viability ban in place Requires both parents of pregnant persons under the age of 18 be notified in most instances PENDING LAWS • No major pending laws regarding abortion CONNECTICUT Least Threatened INDUSTRY INCENTIVES • Scalable transferable tax credit of up to 30% based on spend for television and streaming productions, theatrical productions may qualify based on percentage of production shooting in state CURRENT LAWS • • State law explicitly protects freedom of choice Post-viability ban in place without physician approval PENDING LAWS • No major pending laws regarding abortion DELAWARE Least Threatened INDUSTRY INCENTIVES CURRENT LAWS • • No current incentives Abortion permitted until fetal viability Generally requires notification of one parent of pregnant persons under the age of 16 PENDING LAWS • No major pending laws regarding abortion DISTRICT OF COLUMBIA Least Threatened INDUSTRY INCENTIVES • • • • 35% cash rebate on taxable expenditures 21% on non-taxable expenditures 30% on resident payroll 10% on non-resident payroll CURRENT LAWS • Almost no restrictions or barriers to abortion PENDING LAWS • No major pending laws regarding abortion FLORIDA Threatened INDUSTRY INCENTIVES CURRENT LAWS • • No current incentives • • Current laws permit abortion through the second trimester of pregnancy. Ultrasound required Requires notification of one parent of pregnant persons under the age of 18 PENDING LAWS • 6-week ban introduced GEORGIA Most Threatened INDUSTRY INCENTIVES CURRENT LAWS • • 20% transferrable tax credit on qualified production expenditures, can scale to 30% for logo in credits • • Abortion is permitted until the 20th week of pregnancy 18-hour waiting period after "counseling" Requires consent of one parent before procedure for pregnant persons under the age of 18 PENDING LAWS • New law bans abortion after 6th week of pregnancy, creates criminal penalties for those who provide abortions, and may criminalize women who obtain abortions even out of state, effective 1/1/2020 HAWAII Least Threatened INDUSTRY INCENTIVES • 20% tax credit on qualified production expenditures, can scale to 25% based on location CURRENT LAWS • • Abortion permitted until "fetal viability." State law speifically protects a pregnant person's right to choose PENDING LAWS • No major pending laws IDAHO Threatened INDUSTRY INCENTIVES CURRENT LAWS • • • No current incentives • Abortion is permitted until the 20th week of pregnancy 24-hour waiting period after "counseling" Requires consent of one parent before procedure for pregnant persons under the age of 18 PENDING LAWS • No major pending laws ILLINOIS Least Threatened INDUSTRY INCENTIVES • • 30% transferrable tax credit on qualified production expenditures, EXCLUDES non-resident payroll. Additional incentives for resident payroll to qualifying individuals CURRENT LAWS • • • Abortion permitted until "fetal viability." Requires notification of one parent at least 48 hours prior to procedure Expanded state law to specifically protect choice, June 2019 PENDING LAWS • No major pending laws INDIANA Most Threatened INDUSTRY INCENTIVES CURRENT LAWS • • No current incentives • • • Abortion is permitted until the 20th week of pregnancy Counseling" required 24-hour waiting period after "counseling" Requires consent of one parent before procedure for pregnant persons under the age of 18 PENDING LAWS • No major pending laws IOWA Most Threatened INDUSTRY INCENTIVES CURRENT LAWS • • • No current incentives • Abortion permitted until "fetal viability." Pregnant persons must undergo an ultrasound prior to procedure Requires notification of one parent of pregnant persons under 18 PENDING LAWS • 6-week ban declared unconstitutional by state court in 2019, likely to be appealed. KANSAS Threatened INDUSTRY INCENTIVES CURRENT LAWS • • • No current incentives • Abortion is permitted until the 20th week of pregnancy "Counseling,” ultrasound, and 24-hour waiting period Requires consent of both parents before procedure for pregnant persons under the age of 18 PENDING LAWS • No major pending changes KENTUCKY Most Threatened INDUSTRY INCENTIVES • • 30% tax credit on qualified production expenditures, productions must have Kentucky liability to qualify 35% tax credit for qualifying resident payroll CURRENT LAWS • • • • Abortion until 20th week "Counseling" and 24-hour waiting period Consent of one parent before procedure for pregnant persons under the age of 18 State has "trigger law" that will outlaw all abortions if Roe v. Wade is overturned. PENDING LAWS • A near-total six-week ban is currently blocked by courts as the case progresses LOUISIANA Most Threatened INDUSTRY INCENTIVES CURRENT LAWS • • • Redeemable tax credit, 2540% of qualified expenses based on percent of shoot in state • Abortion until the 20th week "Counseling,“ 72-hour waiting period and ultrasound Consent of one parent for pregnant persons under 18 State has "trigger law" that will outlaw all abortions if Roe v. Wade is overturned. PENDING LAWS • 6-week near total ban to take effect if/when similar Mississippi law is upheld in courts, does not provide execeptions for rape or incest MAINE Least Threatened INDUSTRY INCENTIVES • 5-12% non-transferable tax credit depending on type of qualifying expenditure, producitons must have ME liability to qualify CURRENT LAWS • • • State law explicitly protects freedom of choice Post-viability ban in place State law requires consent of one parent prior to procedure for pregnant persons under the age of 18 PENDING LAWS • No major pending changes MARYLAND Least Threatened INDUSTRY INCENTIVES CURRENT LAWS • • 25-27% refundable tax credit on qualified production expenditures • • State law explicitly protects freedom of choice Post-viability ban in place State law requires notice of one parent prior to procedure for pregnant persons under the age of 18 PENDING LAWS • 6-week ban introduced state legislature in 2019 but is highly unlikely to become law. MASSACHUSETTS Least Threatened INDUSTRY INCENTIVES CURRENT LAWS • • 25% transferrable and redeemable tax credit on qualified production expenditures • • Abortion through the 24th week after implantation. “Counseling" required, but portions of this law have been permanently blocked by courts. Consent of one parent for pregnant persons under the age of 18 PENDING LAWS • No major pending changes MICHIGAN Least Threatened INDUSTRY INCENTIVES CURRENT LAWS • • No current incentives • • Abortion is permitted until "fetal viability." "Counseling" and 24-hour waiting period Requires consent of one parent before procedure for pregnant persons under the age of 18 PENDING LAWS • No major pending changes MINNESOTA Least Threatened INDUSTRY INCENTIVES CURRENT LAWS • • 20% cash rebate on qualifying expenditures, scales to 25% based on spend or percent of shoot in state • • Abortion is permitted until "fetal viability." "Counseling" and 24-hour waiting period Requires notice to one parent before procedure for pregnant persons under the age of 18 PENDING LAWS • A 6-week ban has been introduced in the legislature but is unlikely to become law with current makeup of state government. MISSISSIPPI Most Threatened INDUSTRY INCENTIVES • • 25% cash rebate on qualified production expenditures (EXCLUDES non-resident compensation) 30-35% cash rebate on resident payroll depending on veteran status CURRENT LAWS • • • Abortion through the 20th week after the last menstrual period. "Counseling, ultrasound and 24-hour waiting period "Trigger law" that will outlaw all abortions if Roe v. Wade is overturned. PENDING LAWS • A six-week ban without protections for rape and incest was scheduled to take effect July 1, 2019. It is currently temporarily blocked by courts as the case progresses. MISSOURI Most Threatened INDUSTRY INCENTIVES CURRENT LAWS • • • No current incentives • Abortion is permitted until the 20th week after fertilization "Counseling" and 72-hour waiting period required Requires consent of one parent before procedure for pregnant persons under the age of 18 PENDING LAWS • 8-week ban scheduled to take effect on August 28, 2019. Does not include exceptions for rape or incest MONTANA Least Threatened INDUSTRY INCENTIVES CURRENT LAWS • • Up to 20% cash rebate on qualified production expenditures • Abortion is permitted until "fetal viability." While state law currently requires parental consent for pregnant persons under the age of 18, state courts have blocked enforcement of this provision PENDING LAWS • No major pending changes NEBRASKA Threatened INDUSTRY INCENTIVES CURRENT LAWS • • No current incentives • • • Abortion is permitted until 20 weeks post fertilization. "Counseling" required 24-hour waiting period after "counseling" Requires notarized consent of one parent before procedure for pregnant persons under the age of 18 PENDING LAWS • No major pending changes NEVADA Least Threatened INDUSTRY INCENTIVES CURRENT LAWS • • 15% tax credit on qualified production expenditures, scales up to 25% if certain benchmarks are met • • Abortion is permitted until 24 weeks post fertilization. State law specifically protects freedom of choice Requires notification of one parent before procedure for pregnant persons under the age of 18 PENDING LAWS • No major pending changes NEW HAMPSHIRE Least Threatened INDUSTRY INCENTIVES CURRENT LAWS • • No current incentives • No week of pregnancy or viability ban in place Requires notification of one parent of pregnant persons under the age of 18. PENDING LAWS • No major pending changes NEW JERSEY Least Threatened INDUSTRY INCENTIVES CURRENT LAWS • • 30-37% transferrable tax credit on qualified production expenditures based on location and crew diversity • No week of pregnancy or viability ban in place While state law requires notification of one parent before procedure of pregnant persons under the age of 18, a state court rendered this law unenforceable. PENDING LAWS • No major pending changes NEW MEXICO Least Threatened INDUSTRY INCENTIVES • 25% tax credit on qualified theatrical production expenditures 30% tax credit on qualified television production expenditures 15-30% tax credit on BTL payroll CURRENT LAWS • • No week of pregnancy or viability ban in place While state law requires consent of one parent of pregnant persons under the age of 18 before procedure , the state Attorney General determined this law is unenforceable. PENDING LAWS • No major pending changes NEW YORK Least Threatened INDUSTRY INCENTIVES • • • 30% tax credit on qualified production expenditures Up to 40% tax credit on qualifying BTL payroll 35% tax credit on qualifying post-production CURRENT LAWS • • State law explicitly protects freedom of choice Abortion is permitted through the 24th week of pregnancy. PENDING LAWS • No major pending changes NORTH CAROLINA Threatened INDUSTRY INCENTIVES CURRENT LAWS • • 25% cash rebate on qualifying production expenditures • • Abortion is permitted through the 20th week after the last menstrual period. Counseling and 72-hour waiting period, ultrasound required after 16 weeks. Consent of one parent for pregnant persons under the age of 18 PENDING LAWS • No major pending changes NORTH DAKOTA Most Threatened INDUSTRY INCENTIVES CURRENT LAWS • • • No current incentives • • Abortion through the 20th week after fertilization. "Counseling" and 24-hour waiting period Consent of both parents for pregnant persons under 18 “Trigger law" that will outlaw all abortions if Roe v. Wade is overturned. PENDING LAWS • 6-week ban enacted but was struck down by federal courts OHIO Most Threatened INDUSTRY INCENTIVES CURRENT LAWS • • 30% tax credit on qualified production expenditures • • • Abortion is permitted through the 20th week after fertilization. "Counseling" required 24-hour waiting period after "counseling" Requires consent of one parent for pregnant persons under the age of 18 PENDING LAWS • 6-week ban slated to take effect on July 10, 2019. OKLAHOMA Threatened INDUSTRY INCENTIVES CURRENT LAWS • • 30% tax credit on qualified production expenditures • Abortion is permitted through the 20th week after fertilization. "Counseling,” 72-hour waiting period and ultrasound Requires notification and consent of one parent for pregnant persons under the age of 18 PENDING LAWS • No major pending changes OREGON Least Threatened INDUSTRY INCENTIVES • • 20% cash rebate on qualifying non-payroll expenditures 16.2% cash rebate on resident and non-resident payroll CURRENT LAWS • • State law explicitly protects freedom of choice. No week of pregnancy or viability ban in place PENDING LAWS • No major pending changes PENNSYLVANIA Least Threatened INDUSTRY INCENTIVES CURRENT LAWS • • 25% transferrable tax credit on qualified production expenditures, scales to 30% if certain benchmarks are met • • Abortion is permitted through the 24th week after the last menstrual period. “Counseling" and 24-hour waiting period required Requires consent of one parent before procedure for pregnant persons under the age of 18 PENDING LAWS • No major pending changes, PUERTO RICO Most Threatened INDUSTRY INCENTIVES • 40% transferable tax credit on qualified production expenditures, 20% on non-resident compensation CURRENT LAWS • Abortion is permitted solely to protect the physical health of the mother. All other abortions are considered criminal. PENDING LAWS • No major pending changes, PUERTO RICO Most Threatened INDUSTRY INCENTIVES • 40% transferable tax credit on qualified production expenditures, 20% on non-resident compensation CURRENT LAWS • Abortion is permitted solely to protect the physical health of the mother. All other abortions are considered criminal. PENDING LAWS • No major pending changes, RHODE ISLAND Threatened INDUSTRY INCENTIVES CURRENT LAWS • • 30% transferable tax credit on qualified production expenditures • • Abortion is permitted through the 24th week after the last menstrual period. "Counseling" required before procedure. Requires consent of one parent for pregnant persons under the age of 18 PENDING LAWS • The Democratic state legislature attempted to pass an affirmative protection of abortion rights in 2019 but the measure was defeated. SOUTH CAROLINA Most Threatened INDUSTRY INCENTIVES CURRENT LAWS • • • • 30% cash rebate on qualifying non-payroll expenses 25% cash rebate on resident payroll 20% cash rebate on nonresident payroll • • • Abortion is permitted through the 20th week after fertilization. "Counseling" required 24-hour waiting period after "counseling" Requires consent of one parent for pregnant persons under the age of 17 PENDING LAWS • 6-week ban passed state House in 2019, not yet taken up in Senate. Governor intends to sign if passed. SOUTH DAKOTA Most Threatened INDUSTRY INCENTIVES CURRENT LAWS • • • No current incentives • • Abortion through the 20th week after fertilization. "Counseling“ and 72-hour waiting period required Requires notice to one parent for those under the age of 18 “Trigger law" that will outlaw all abortions if Roe v. Wade is overturned. PENDING LAWS • No major pending changes. TENNESSEE Most Threatened INDUSTRY INCENTIVES • • 25% cash rebate on qualified production expenditures (EXCLUDES non-resident compensation) Additional incentives for scripted television CURRENT LAWS • • • • Abortion is permitted until "fetal viability." "Counseling" required 48-hour waiting period after "counseling" Requires consent of one parent for pregnant persons under the age of 18 PENDING LAWS • State House passed 6-week heartbeat bill in 2019. Currently postponed indefinitely by state Senate. TEXAS Most Threatened INDUSTRY INCENTIVES CURRENT LAWS • • 5-22.5% cash rebate for qualified production expenses based on type of production, spend, and percentage of shoot in state • • Abortion is permitted until 20 weeks after fertilization. "Counseling,” ultrasound, and 24-hour waiting period Requires notification to and consent of one parent for pregnant persons under the age of 18 PENDING LAWS • 6-week ban introduced in state House in 2019 UTAH Most Threatened INDUSTRY INCENTIVES CURRENT LAWS • • 20% refundable tax credit on qualified production expenditures, scales to 25% if certain benchmarks are met • • Abortion is permitted until “fetal viability.” "Counseling,” ultrasound, and 72-hour waiting period Requires notification to and consent of one parent for pregnant persons under the age of 18 PENDING LAWS • Has an 18-week ban which is currently unenforceable pending court battle. Seen as likely location for next 6week ban VERMONT Least Threatened INDUSTRY INCENTIVES CURRENT LAWS • • No incentives at this time Vermont has no laws restricting the number of weeks into pregnancy an abortion can be performed, or which require counseling, or which require parental notification or consent PENDING LAWS • No major pending law changes VIRGINIA Threatened INDUSTRY INCENTIVES CURRENT LAWS • • • 15% refundable tax credit on qualified production expenditures 25-45% refundable tax credit on resident payroll for qualifying individuals • • Abortion is permitted through the second trimester as measured from the last menstrual period.. "Counseling, 24-waiting period and ultrasound Requires notice to and consent of one parent for those under 18 PENDING LAWS • No major pending law changes WASHINGTON Least Threatened INDUSTRY INCENTIVES • • • 30% cash rebate on qualified production expenditures EXCLUDING non-resident pay 15% cash rebate on nonresident compensation 35% cash rebate for certain television productions CURRENT LAWS • • • State law explicitly protects freedom of choice. Abortion is permitted until "fetal viability." There are no state laws requiring "counseling," delays, or parental notification or consent. PENDING LAWS • No major pending law changes WEST VIRGINIA Threatened INDUSTRY INCENTIVES • • • 30% cash rebate on qualified production expenditures EXCLUDING non-resident pay 15% cash rebate on nonresident compensation 35% cash rebate for certain television productions CURRENT LAWS • • • Abortion is permitted through the 22nd week after the last menstrual period. "Counseling“, 24-hour waiting period and ultrasound required Requires notification to one parent for pregnant persons under the age of 18 PENDING LAWS • 6-week ban introduced in 2019. If passed, it currently seems unlikely to be signed by governor but this COULD change. If so, West Virginia would become “Most Threatened” WISCONSIN Threatened INDUSTRY INCENTIVES CURRENT LAWS • • No current incentives • • Abortion is permitted through the 20th week after fertilization. "Counseling, 24-hour waiting period and ultrasound required Requires consent of one parent for pregnant persons under the age of 18 PENDING LAWS • Wisconsin has no pending changes but electorate has been especially volatile on social issues. Arguments could be made to call this “least threatened” at present WYOMING Threatened INDUSTRY INCENTIVES CURRENT LAWS • • No current incentives • Abortion is permitted until "fetal viability." Requires notification to and consent of one parent for pregnant persons under the age of 18 PENDING LAWS • No current major changes pending but strongly antichoice state legislature and executive