The Associated Press

TOPEKA, Kan. — Gov. Kathleen Sebelius vetoed a bill Monday that would have imposed new restrictions on abortion providers and allowed lawsuits to block late-term procedures, arguing it could deny women lifesaving medical care.

But abortion opponents scoffed at her arguments and said Sebelius’ action shows that she holds radical views. Some supporters of the bill predicted an attempt to override Sebelius’ veto when the Legislature returns April 30 from its annual spring break.

The measure was partly a response to allegations that Dr. George Tiller has performed illegal late-term abortions at his Wichita clinic. Tiller, among the few U.S. physicians who perform such procedures, has said he follows state law.

Sebelius, an abortion-rights supporter, objected most strongly to provisions allowing a patient’s spouse or family members to go to court if they believed a doctor had performed or was about to perform an illegal late-term abortion. The patient herself also could sue, but so could a local prosecutor.

The governor said in her veto message that such a lawsuit could be filed to block a patient’s abortion “even where it may be necessary to save her life.” She said the bill would encourage litigation and jeopardize patients’ privacy.

“I am concerned that the bill is likely unconstitutional or, even worse, endangers the lives of women,” she wrote. “As governor, nothing is more important to me than the safety, health and privacy rights of our citizens.”

Abortion opponents said the bill would protect patients from being coerced into having abortions, particularly minors. Also, they noted that some provisions were designed to increase the amount of information patients receive before having their pregnancies terminated.

For example, doctors using ultrasound or monitoring fetal heartbeats would have to make information from those sources available to a patient at least 30 minutes before an abortion. Also, doctors would have to tell their patients whether their fetuses are viable and, if not, why.

The bill also allows a former patient or her family to sue a doctor for monetary damages if she believes a pregnancy was improperly terminated.

“This is another case of the governor vetoing a reasonable bill with unreasonable excuses,” said Mary Kay Culp, executive director of Kansans for Life.

Rep. Lance Kinzer, an Olathe Republican who wrote much of the bill, added, referring to Sebelius, “It just shows how radical she is on the abortion issue.”

About 2,800 viable fetuses have been aborted late-term in Kansas since restrictions on such procedures were imposed in 1998, according to Department of Health and Environment statistics. In no case, the agency says, did a physician report that the procedure was necessary to save a woman’s life.

“Women are going to die? Excuse me?” Culp said. “That part really gets me.”

But Julie Burkhart, a lobbyist for the abortion-rights group ProKanDo, said the bill was so broad that any local prosecutor — and perhaps other officials — could have tried to stop women from having abortions. She said the measure would have “clogged up the courts and wreaked havoc on our judicial system.”

“Women would have been denied their rights under the law to make independent health care decisions for themselves,” Burkhart said.

Abortion opponents need two-thirds majorities in both chambers to override Sebelius’ veto. Kinzer promised an attempt in the House, where the final version passed with 84 of 125 votes, just the margin needed.

But Sen. Phil Journey, a Haysville Republican who supported the measure, was less sure about the prospects in his chamber. The vote there was 25-13, with two members not voting, leaving supporters two short of a two-thirds majority.

“We’ll see,” Journey said. “We’re going to have to be sure that we’ve got our noses counted, to make sure that we’ve got 27 votes.”

Many supporters of the bill believe the state isn’t aggressively enforcing its restrictions on abortion, despite a criminal case pending against Tiller in Sedgwick County District Court.

The attorney general’s office filed 19 misdemeanor charges last year, alleging that Tiller failed to get a second opinion on some late-term abortions in 2003 from a second, independent physician, as required by law. His attorneys have said he committed no wrongdoing.

Abortion foes believe a stronger case could be made against Tiller, and they forced the county to convene a grand jury to investigate him. Tiller is resisting subpoenas from that grand jury, and that effort is before the Kansas Supreme Court.

“Clearly many of the changes that were set forth in the bill are designed to address the realities on the ground,” Kinzer said.

But Sebelius noted that the number of abortions in Kansas has declined. According to the state health department, the number last year, 10,836, was 3.4 percent lower than in 2006. Also, the number peaked at 12,445 in 1999, so last year’s total was 13 percent lower.

Sebelius attributed the decline to greater incentives for adoptions, increased health care for pregnant women and sex education.

“For years, the people of Kansans have asked their elected officials to move beyond legislative debates on issues like abortion and focus their attention on issues that can be solved in the Statehouse — stronger schools, affordable health care and economic growth,” she said in her veto message.

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Abortion bill is House Sub for SB 389.

On the Net:

Kansas Legislature: http://www.kslegislature.org

Governor’s office: http://www.governor.ks.gov

Kansans for Life: http://www.kfl.org

Tiller’s clinic: http://www.drtiller.com