Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,257,5 (a) To protect the life of an unborn child throughout pregnancy by favoring childbirth over abortion and implementing that value judgment through the allocation of public resources.

SB55-ASA1-AA1,257,7 (b) To ensure that the state, state agencies, and local governmental units do not lend their imprimatur to abortion-related activities.

SB55-ASA1-AA1,257,9 (c) To ensure that organizations that engage in abortion-related activities do not receive a direct or indirect economic or marketing benefit from public funds.

SB55-ASA1-AA1, s. 995pd Section 995pd. 20.9275 (1r) (am) of the statutes is created to read:

SB55-ASA1-AA1,257,19 20.9275 (1r) (am) "Family planning" means the process of establishing objectives for the number and spacing of one's children and selecting the means by which those objectives may be achieved, including a broad range of acceptable and effective methods and services to limit or enhance fertility, including contraceptive methods, including natural family planning and abstinence; the management of infertility, including adoption; and preconceptional counseling, education, and general reproductive health care, including diagnosis and treatment of infections that threaten reproductive capability. "Family planning" does not include pregnancy care, including obstetric or prenatal care.

SB55-ASA1-AA1, s. 995pe Section 995pe. 20.9275 (1r) (em) of the statutes is created to read:

SB55-ASA1-AA1,257,22 20.9275 (1r) (em) "Prenatal care" means medical services provided to a pregnant woman to promote maternal and fetal health.

SB55-ASA1-AA1, s. 995pf Section 995pf. 20.9275 (2) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,258,6 20.9275 (2) (intro.) No Except as provided in sub. (2m) and notwithstanding s. 20.927 (2), no state agency or local governmental unit may authorize payment of funds of this state, of any local governmental unit or, subject to sub. (3m), of federal funds passing through the state treasury as a grant, subsidy, or other funding that wholly or partially or directly or indirectly involves pregnancy programs, projects, or services, that is including a grant, subsidy, or other funding under s. 46.93, 46.99, 46.995, 253.02 (2), 253.05, 253.07, 253.08, or 253.085 or 42 USC 701 to 710, if any of the following applies:

SB55-ASA1-AA1, s. 995pg Section 995pg. 20.9275 (2) (a) 2. of the statutes is renumbered 20.9275 (2) (a) 2. (intro.) and amended to read:

SB55-ASA1-AA1,258,10 20.9275 (2) (a) 2. (intro.) Promotes, encourages, or counsels in favor of abortion services., including by doing any of the following:

SB55-ASA1-AA1, s. 995ph Section 995ph. 20.9275 (2) (a) 2. a. of the statutes is created to read:

SB55-ASA1-AA1,258,12 20.9275 (2) (a) 2. a. Acting to assist women to obtain abortions.

SB55-ASA1-AA1, s. 995pi Section 995pi. 20.9275 (2) (a) 2. b. of the statutes is created to read:

SB55-ASA1-AA1,258,15 20.9275 (2) (a) 2. b. Acting to increase the availability or accessibility of abortion for family planning purposes.

SB55-ASA1-AA1, s. 995pj Section 995pj. 20.9275 (2) (a) 2. c. of the statutes is created to read:

SB55-ASA1-AA1,258,18 20.9275 (2) (a) 2. c. Lobbying for the passage of legislation to increase in any way the availability of abortion as a method of family planning.

SB55-ASA1-AA1, s. 995pk Section 995pk. 20.9275 (2) (a) 2. d. of the statutes is created to read:

SB55-ASA1-AA1,258,21 20.9275 (2) (a) 2. d. Providing speakers to promote the use of abortion as a method of family planning.

SB55-ASA1-AA1, s. 995pL Section 995pL. 20.9275 (2) (a) 2. e. of the statutes is created to read:

SB55-ASA1-AA1,258,24 20.9275 (2) (a) 2. e. Paying dues to a group that as a significant part of its activities advocates abortion as a method of family planning.

SB55-ASA1-AA1, s. 995pm Section 995pm. 20.9275 (2) (a) 2. f. of the statutes is created to read:

SB55-ASA1-AA1,259,2 20.9275 (2) (a) 2. f. Using legal action to make abortion available in any way as a method of family planning.

SB55-ASA1-AA1, s. 995pn Section 995pn. 20.9275 (2) (a) 2. g. of the statutes is created to read:

SB55-ASA1-AA1,259,6 20.9275 (2) (a) 2. g. Developing or disseminating in any way materials, including printed matter and audiovisual materials, advocating abortion as a method of family planning.

SB55-ASA1-AA1, s. 995pp Section 995pp. 20.9275 (2m) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,259,10 20.9275 (2m) (intro.) Nothing in sub. (2) prohibits the providing of nondirective information explaining promotion, encouragement, or counseling in favor of, or referral either directly or through an intermediary for, any of the following:

SB55-ASA1-AA1, s. 995pq Section 995pq. 20.9275 (2m) (c) of the statutes is repealed.

SB55-ASA1-AA1, s. 995pr Section 995pr. 20.9275 (2n) of the statutes is created to read:

SB55-ASA1-AA1,259,15 20.9275 (2n) Except as provided in sub. (6), none of the funds specified under sub. (2) (intro.) may be paid to an organization or affiliate of an organization that does any of the following:

SB55-ASA1-AA1,259,16 (a) Engages in an activity that is specified under sub. (2) (a) 1. to 3.

SB55-ASA1-AA1,259,19 (b) Receives funds from any source that requires, as a condition for receipt of the funds, that the organization or affiliate perform any of the activities specified in sub. (2) (a) 1. to 3.

SB55-ASA1-AA1, s. 995ps Section 995ps. 20.9275 (3) of the statutes is amended to read:

SB55-ASA1-AA1,260,2 20.9275 (3) Subject to sub. (3m) Notwithstanding s. 20.927 (2), no organization that receives funds specified under sub. (2) (intro.) may use program funds for an activity that is specified under sub. (2) (a) 1. to 3. No organization that receives funds specified under sub. (2) (intro.) may transfer any program funds or any other public funds to an organization or affiliate of an organization to which sub. (2n) (a) or (b) applies.

SB55-ASA1-AA1, s. 995pt Section 995pt. 20.9275 (3m) of the statutes is repealed.

SB55-ASA1-AA1, s. 995pu Section 995pu. 20.9275 (6) of the statutes is created to read:

SB55-ASA1-AA1,260,8 20.9275 (6) Subsection (2n) does not apply to an organization that otherwise is qualified to receive funding under sub. (2) and that is affiliated with an organization to which sub. (2n) (a) or (b) applies if the organizations are physically and financially independent from each other under all of the following criteria:

SB55-ASA1-AA1,260,11 (a) The organization that receives funds specified under sub. (2) (intro.) and its independent affiliate to which sub. (2n) (a) or (b) applies are not located in the same building and do not share any of the following:

SB55-ASA1-AA1,260,12 1. The same or a similar name.

SB55-ASA1-AA1,260,14 2. Medical or nonmedical facilities, including treatment, consultation, examination, or waiting rooms or business offices.

SB55-ASA1-AA1,260,16 3. Equipment or supplies, including computers, telephone systems, telecommunications equipment, vehicles, office supplies, or medical supplies.

SB55-ASA1-AA1,260,18 4. Services, including management, accounting, or payroll services or equipment or facility maintenance.

SB55-ASA1-AA1,260,19 5. Income, grants, donations of cash or property, in-kind gifts, or other revenue.

SB55-ASA1-AA1,260,20 6. Fund-raising activities.

SB55-ASA1-AA1,260,21 7. Expenses.

SB55-ASA1-AA1,260,22 8. Employees.

SB55-ASA1-AA1,260,23 9. Employee wages or salaries.

SB55-ASA1-AA1,260,24 10. Databases, including client lists.

SB55-ASA1-AA1,261,3 (b) The organization that receives funds specified under sub. (2) (intro.) is separately incorporated from its independent affiliate to which sub. (2n) (a) or (b) applies.

SB55-ASA1-AA1,261,9 (c) The organization that receives funds specified under sub. (2) (intro.) maintains financial records and database records that demonstrate that its independent affiliate to which sub. (2n) (a) or (b) applies receives no direct or indirect economic or marketing benefit from the program funds. Separation of program funds from other moneys by means of bookkeeping alone is not sufficient to meet the requirement of this paragraph.

SB55-ASA1-AA1, s. 995pv Section 995pv. 20.9275 (7) of the statutes is created to read:

SB55-ASA1-AA1,261,17 20.9275 (7) At least once every 3 years, the legislative audit bureau shall conduct an audit of each organization that receives the funds specified under sub. (2) (intro.) and the state agency or local governmental unit that authorizes payment of the funds to the organization, to determine if the organization, state agency, or local governmental unit has strictly complied with this section. If the organization is an affiliate of an organization to which sub. (2n) (a) or (b) applies, the legislative audit bureau shall conduct the audit at least annually.

SB55-ASA1-AA1, s. 995pw Section 995pw. 20.9275 (8) of the statutes is created to read:

SB55-ASA1-AA1,261,21 20.9275 (8) A person may file a petition for a writ of mandamus or prohibition with the circuit court for the county where a violation of this section is alleged to have occurred or is proposed to occur.".

SB55-ASA1-AA1,261,22 565. Page 428, line 20: after that line insert:

SB55-ASA1-AA1,261,23 " Section 995cb. 20.9273 of the statutes is created to read:

SB55-ASA1-AA1,262,6 20.9273 Prohibition on the use of public employees and public property to perform abortions or engage in abortion-related activity. (1) It is the intent of the legislature that this section shall further the profound and compelling state interest in protecting the life of an unborn child throughout pregnancy by favoring childbirth over abortion and implementing that value judgment through the allocation of public resources.

SB55-ASA1-AA1,262,7 (2) In this section:

SB55-ASA1-AA1,262,8 (a) "Abortion" has the meaning given in s. 253.10 (2) (a).

SB55-ASA1-AA1,262,9 (b) "Authority" means an authority created in chs. 231 and 233.

SB55-ASA1-AA1,262,11 (c) "Local governmental unit" means a city, village, town, county, or school district or an agency or subdivision of a city, village, town, county, or school district.

SB55-ASA1-AA1,262,16 (d) "Public property" means a public facility, public institution, or other building or part of a building that is owned, leased, or controlled by the state, a state agency, a local governmental unit, or an authority, or any equipment or other physical asset that is owned, leased, or controlled by the state, a state agency, a local governmental unit, or an authority.

SB55-ASA1-AA1,262,20 (e) "State agency" means an office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts.

SB55-ASA1-AA1,262,24 (3) Beginning on the effective date of this subsection .... [revisor inserts date], no person employed by this state, by a state agency, by a local governmental unit, or by an authority may do any of the following while acting within the scope of his or her employment:

SB55-ASA1-AA1,263,2 (a) Provide or assist in providing an abortion, unless the abortion is directly and medically necessary to save the life of the pregnant woman.

SB55-ASA1-AA1,263,4 (b) Aid or encourage a pregnant woman to have an abortion, unless the abortion is directly and medically necessary to save the life of the pregnant woman.

SB55-ASA1-AA1,263,7 (c) Make abortion referrals either directly or through an intermediary, unless the abortion is directly and medically necessary to save the life of the pregnant woman.

SB55-ASA1-AA1,263,10 (d) Require, provide, refer for, or make arrangements for the provision of training in the performance of a medical treatment or surgical procedure for the purpose of performing or inducing an abortion.

SB55-ASA1-AA1,263,13 (4) (a) Except as provided in pars. (b) and (c), beginning on the effective date of this paragraph .... [revisor inserts date], no public property may be used to do any of the following:

SB55-ASA1-AA1,263,15 1. Provide or assist in providing an abortion, unless the abortion is directly and medically necessary to save the life of the pregnant woman.

SB55-ASA1-AA1,263,17 2. Aid or encourage a pregnant woman to have an abortion, unless the abortion is directly and medically necessary to save the life of the pregnant woman.

SB55-ASA1-AA1,263,20 3. Make abortion referrals either directly or through an intermediary, unless the abortion is directly and medically necessary to save the life of the pregnant woman.

SB55-ASA1-AA1,263,23 4. Require, provide, refer for, or make arrangements for the provision of training in the performance of a medical treatment or surgical procedure for the purpose of performing or inducing an abortion.

SB55-ASA1-AA1,263,25 (b) Paragraph (a) does not prohibit a private person from using police or fire protection services or any services provided by a public utility.

SB55-ASA1-AA1,264,4 (c) Paragraph (a) does not apply to public property that is leased to a private person under a lease agreement entered into before the effective date of this paragraph .... [revisor inserts date], until the date on which the lease agreement expires or is extended, modified, or renewed.

SB55-ASA1-AA1,264,6 (5) (a) Any person who violates sub. (3) shall be required to forfeit not less than $500 nor more than $1,000 for each offense.

SB55-ASA1-AA1,264,8 (b) Any person who violates sub. (4) shall be required to forfeit not less than $2,000 nor more than $5,000 for each offense.

SB55-ASA1-AA1,264,11 (c) The penalties under pars. (a) and (b) may not be construed to limit the power of the state, a state agency, a local governmental unit, or an authority to discipline an employee.".

SB55-ASA1-AA1,264,12 566. Page 428, line 20: after that line insert:

SB55-ASA1-AA1,264,13 " Section 995m. 20.930 of the statutes is renumbered 20.930 (1).

SB55-ASA1-AA1, s. 995n Section 995n. 20.930 (2) to (5) of the statutes are created to read:

SB55-ASA1-AA1,264,18 20.930 (2) No state agency in the executive branch may employ legal counsel except by contract. Notwithstanding s. 16.75 (1) (c), (2m) and (6) (c) to (e), all contracts for the employment of counsel entered into by any state agency in the executive branch shall be awarded only by solicitation of bids under s. 16.75.

SB55-ASA1-AA1,265,2 (3) Every legal services contract entered into by a state agency in the executive branch which provides for counsel to be retained on a contingent fee basis shall contain a provision requiring the counsel to submit a statement of the number of hours worked under the contract, the expenses incurred in relation to the contract and the net charge per hour under the contract, computed on the basis of the total charges, less expenses, divided by the number of hours worked. The head of the agency shall not authorize payment to be made under the contract until the statement is submitted.

SB55-ASA1-AA1,265,7 (4) No state agency in the executive branch may enter into any contract that requires the state to pay for legal services at a rate that exceeds $1,000 per hour. If a contract provides for a contingent or fixed fee, the hourly charge shall be computed in the manner provided in s. 14.11 (2) (bp). The head of the agency shall not authorize any payment to be made exceeding the amount specified in this subsection.

SB55-ASA1-AA1,265,14 (5) If the legal services to be performed by any person for a state agency in the executive branch will or reasonably may be anticipated to exceed $1,000,000, the employment shall be by contract, which shall be signed by the governor. Prior to approving any contract for the provision of legal services under this section, the governor shall file the proposed contract with the chief clerk of each house of the legislature. Any proposed contract so filed is subject to the procedures and limitations prescribed in ss. 13.107 and 14.11 (2).".

SB55-ASA1-AA1,265,15 567. Page 434, line 17: after that line insert:

SB55-ASA1-AA1,265,16 " Section 1013m. 21.25 (1) of the statutes is amended to read:

SB55-ASA1-AA1,266,2 21.25 (1) The department of military affairs shall may administer the Badger Challenge program for disadvantaged youth. The department shall recruit 10% of the 1999-2000 class of the program from families who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq. The department shall recruit 25% of the 2000-01 class of the program from families who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq. The If the department of military affairs administers the Badger Challenge program under this subsection, it shall promulgate rules for administering the Badger Challenge program.".

SB55-ASA1-AA1,266,5 568. Page 438, line 12: after "1002" insert ", that is located in this state or that is included in the Minnesota-Wisconsin student reciprocity agreement under s. 39.47".