LRB-4932/1
DAK:wlj&cjs:pg
2001 - 2002 LEGISLATURE
February 20, 2002 - Introduced by Representatives Leibham, Kestell, Starzyk,
McCormick, Owens, Gundrum, Hundertmark, Krawczyk, Ladwig, Seratti,
Meyerhofer, Suder, J. Fitzgerald, Grothman, Ryba, Pettis, Nass, Freese,
Kreibich, Ott, Hahn, M. Lehman, Sykora, Gunderson, Walker, Loeffelholz,
Gard, Vrakas, Petrowski, Bies and Albers, cosponsored by Senators Breske,
Kanavas, Roessler, S. Fitzgerald, Lazich and Welch. Referred to Committee
on Government Operations.
AB831,2,2
1An Act to repeal 20.9275 (2m) (c), 20.9275 (3m), 253.02 (2m) (c), 253.07 (1) (a)
23. and 253.07 (1) (b) 3.;
to renumber and amend 20.9275 (1) and 20.9275 (2)
3(a) 2.;
to amend 20.9275 (2) (intro.), 20.9275 (2m) (intro.), 20.9275 (3), 253.02
4(2m) (intro.), 253.07 (1) (a) (intro.) and 253.07 (1) (b) (intro.); and
to create
520.9275 (1g), 20.9275 (1r) (am), 20.9275 (1r) (em), 20.9275 (2) (a) 2. a., 20.9275
6(2) (a) 2. b., 20.9275 (2) (a) 2. c., 20.9275 (2) (a) 2. d., 20.9275 (2) (a) 2. e., 20.9275
7(2) (a) 2. f., 20.9275 (2) (a) 2. g., 20.9275 (2n), 20.9275 (6), 20.9275 (7) and
820.9275 (8) of the statutes;
relating to: prohibiting an organization or affiliate
9of an organization that engages in abortion-related activities from receiving
10certain public funds, prohibiting an organization that receives certain public
11funds from using other public and private funds for abortion-related activities,
12specifying restrictions on affiliation between certain organizations, changing
13the types of information that may be provided by organizations that receive the
1funds, changing requirements related to the maternal and child health
2program and family planning services, and requiring audits.
Analysis by the Legislative Reference Bureau
Under current law, federal funds passing through the state treasury and state
and local funds may not be paid as a grant, subsidy, or other funding that wholly or
partially or directly or indirectly involves pregnancy programs, projects, or services
and that is a grant, subsidy, or other funding under specific state programs
(adolescent pregnancy prevention and pregnancy services, adolescent
self-sufficiency and pregnancy prevention, adolescent choices, welfare and hygiene
of maternity and infancy, family planning, pregnancy counseling, and outreach to
low-income pregnant women and under federal maternal and child health services
block grants), if the pregnancy program, project, or service using these federal, state,
or local funds, using income derived from the funds, or using matching funds
provides abortion services; promotes, encourages, or counsels in favor of abortion
services; or makes abortion referrals either directly or through an intermediary in
any instance other than when an abortion is directly and medically necessary to save
the life of the pregnant woman. The funds also may not be paid if the pregnancy
program, project, or service is funded from another source that requires performance
of the abortion-related activities. The restriction applies only to the extent that
applying it does not result in the loss of any federal funds. An organization that
violates the prohibition may not receive the funds for 24 months after the violation
and must return all funds paid under the grant, subsidy, or other funding; and the
grant, subsidy, or other funding is terminated. This law specifically does not prohibit
the providing of nondirective information explaining prenatal care and delivery;
infant care, foster care, or adoption; or pregnancy termination.
Also under current law, federal funds passing through the state treasury and
state and local funds may not be paid for the performance of an abortion other than
an abortion that is directly and medically necessary to save the life of the pregnant
woman, in a case of sexual assault or incest, or if, due to a medical condition existing
before the abortion, the physician determines that the abortion is directly and
medically necessary to prevent grave, long-lasting, physical health damage to the
pregnant woman.
This bill expands the prohibitions on payment of public funds to an
organization that engages in abortion-related activities, in the following ways:
1. The bill eliminates the provision that specifies that the prohibitions on the
use of the funds apply only to the extent that applying them does not result in the
loss of any federal funds; thus, the bill applies the prohibitions to all public funds,
with the specific exceptions of medical assistance and badger care.
2. The bill applies the prohibition to abortion-related activities, except for
abortions performed to save the life of the pregnant women, in cases of sexual assault
or incest, or to prevent grave, long-lasting, physical health damage to the pregnant
woman.
3. The bill prohibits payment to an organization that is affiliated with an
organization that engages in abortion-related activities or that receives funds from
any source that requires, for receipt of the funds that the affiliate engage in
abortion-related activities, unless the organizations are physically and financially
independent from each other. Specifically, the two organizations may not share the
same or a similar name; medical or nonmedical facilities, equipment, or supplies;
services; income, grants, donations, and other revenue; financial accounts;
fund-raising activities; expenses; employees; employee wages or salaries;
databases; or marketing materials and other promotional products. They also may
not be located in the same building, must be separately incorporated, and must
maintain financial and database records that demonstrate that the affiliate receives
no economic or marketing benefit from the funded organization.
4. The bill prohibits a publicly funded organization from transferring public
funds to another organization or to an affiliate of the organization that provides
abortion-related activities or that receives funds from any source that requires, for
receipt of the funds, that the affiliate engage in abortion-related activities.
5. The bill changes the definition of "pregnancy program, project, or service"
so as to apply the prohibitions to funding of an organization that provides any of
several specified services, rather than all of the services.
6. The bill applies the prohibitions to an organization that engages in
abortion-related activities, rather than an organization that uses program funds
(public funds, income from public funds, or matching funds) for the abortion-related
activities.
The bill also expands prohibited abortion-related activities that are related to
promoting, encouraging, or counseling in favor of abortion services to include acting
to assist women to obtain abortions; acting to increase the availability or accessibility
of abortion for family planning purposes; lobbying for passage of legislation to
increase the availability of abortion; providing speakers to promote the use of
abortion; paying dues to a group that advocates abortion; using legal action to make
abortion available; and developing or disseminating materials advocating abortion.
The bill authorizes the filing of a petition for a writ of mandamus or prohibition
with the circuit court of the county where a violation of the prohibitions is alleged to
have occurred or is proposed to occur. The bill also requires the legislative audit
bureau to conduct an audit of each organization receiving the public funds to
determine if the organization or the state agency or local governmental unit has
strictly complied with the requirements or prohibitions. If the publicly funded
organization is an affiliate of an organization that engages in abortion-related
activities or that receives funds from any source that requires, for receipt of the
funds, that the affiliate engage in abortion-related activities, the audit must be
conducted annually.
Lastly, the bill eliminates authorization, including authorization under the
maternal and child health and family planning laws, to provide nondirective
information about pregnancy termination and, instead, specifies that an
organization that receives the funds is not prohibited from promoting, encouraging,
or counseling in favor of or referring directly or through an intermediary for prenatal
care and delivery and infant care, foster care, or adoption.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB831, s. 1
1Section
1. 20.9275 (1) of the statutes is renumbered 20.9275 (1r), and 20.9275
2(1r) (intro.) and (e), as renumbered, are amended to read:
AB831,4,33
20.9275
(1r) (intro.) In this section
, except as otherwise specified:
AB831,4,84
(e) "Pregnancy program, project or service" means a program, project
, or service
5of an organization that provides services for pregnancy prevention, family planning,
6as defined in s. 253.07 (1) (a), pregnancy testing, pregnancy counseling, prenatal
7care, pregnancy services
and, or reproductive health care services that are related
8to pregnancy.
AB831, s. 2
9Section
2. 20.9275 (1g) of the statutes is created to read:
AB831,4,1110
20.9275
(1g) It is the intent of the legislature that this section shall further the
11profound and compelling state interest in all of the following:
AB831,4,1412
(a) To protect the life of an unborn child throughout pregnancy by favoring
13childbirth over abortion and implementing that value judgment through the
14allocation of public resources.
AB831,4,1615
(b) To ensure that the state, state agencies, and local governmental units do not
16lend their imprimatur to abortion-related activities.
AB831,4,1817
(c) To ensure that organizations that engage in abortion-related activities do
18not receive a direct or indirect economic or marketing benefit from public funds.
AB831, s. 3
19Section
3. 20.9275 (1r) (am) of the statutes is created to read:
AB831,5,9
120.9275
(1r) (am) "Family planning" means the process of establishing
2objectives for the number and spacing of one's children and selecting the means by
3which those objectives may be achieved, including a broad range of acceptable and
4effective methods and services to limit or enhance fertility, including contraceptive
5methods, including natural family planning and abstinence; the management of
6infertility, including adoption; and preconceptional counseling, education, and
7general reproductive health care, including diagnosis and treatment of infections
8that threaten reproductive capability. "Family planning" does not include pregnancy
9care, including obstetric or prenatal care.
AB831, s. 4
10Section
4. 20.9275 (1r) (em) of the statutes is created to read:
AB831,5,1211
20.9275
(1r) (em) "Prenatal care" means medical services provided to a
12pregnant woman to promote maternal and fetal health.
AB831, s. 5
13Section
5. 20.9275 (2) (intro.) of the statutes is amended to read:
AB831,5,2114
20.9275
(2) (intro.)
No Except as provided in s. 20.927 (2) and under medical
15assistance, as defined in s. 49.43 (8), and badger care under s. 49.665, no state agency
16or local governmental unit may authorize payment of funds of this state, of any local
17governmental unit or
, subject to sub. (3m), of federal funds passing through the state
18treasury as a grant, subsidy
, or other funding that wholly or partially or directly or
19indirectly involves pregnancy programs, projects
, or services,
that is including a
20grant, subsidy
, or other funding under s. 46.93, 46.99, 46.995,
253.02 (2), 253.05,
21253.07, 253.08
, or 253.085 or
42 USC 701 to
710, if any of the following applies:
AB831, s. 6
22Section
6. 20.9275 (2) (a) 2. of the statutes is renumbered 20.9275 (2) (a) 2.
23(intro.) and amended to read:
AB831,5,2524
20.9275
(2) (a) 2. (intro.) Promotes, encourages
, or counsels in favor of abortion
25services
., including by doing any of the following:
AB831, s. 7
1Section
7. 20.9275 (2) (a) 2. a. of the statutes is created to read:
AB831,6,22
20.9275
(2) (a) 2. a. Acting to assist women to obtain abortions.
AB831, s. 8
3Section
8. 20.9275 (2) (a) 2. b. of the statutes is created to read:
AB831,6,54
20.9275
(2) (a) 2. b. Acting to increase the availability or accessibility of
5abortion for family planning purposes.
AB831, s. 9
6Section
9. 20.9275 (2) (a) 2. c. of the statutes is created to read:
AB831,6,87
20.9275
(2) (a) 2. c. Lobbying for the passage of legislation to increase in any
8way the availability of abortion as a method of family planning.
AB831, s. 10
9Section
10. 20.9275 (2) (a) 2. d. of the statutes is created to read:
AB831,6,1110
20.9275
(2) (a) 2. d. Providing speakers to promote the use of abortion as a
11method of family planning.
AB831, s. 11
12Section
11. 20.9275 (2) (a) 2. e. of the statutes is created to read:
AB831,6,1413
20.9275
(2) (a) 2. e. Paying dues to a group that as a significant part of its
14activities advocates abortion as a method of family planning.
AB831, s. 12
15Section
12. 20.9275 (2) (a) 2. f. of the statutes is created to read:
AB831,6,1716
20.9275
(2) (a) 2. f. Using legal action to make abortion available in any way
17as a method of family planning.
AB831, s. 13
18Section
13. 20.9275 (2) (a) 2. g. of the statutes is created to read:
AB831,6,2119
20.9275
(2) (a) 2. g. Developing or disseminating in any way materials,
20including printed matter and audiovisual materials, advocating abortion as a
21method of family planning.
AB831, s. 14
22Section
14. 20.9275 (2m) (intro.) of the statutes is amended to read:
AB831,6,2523
20.9275
(2m) (intro.) Nothing in sub. (2) prohibits the
providing of nondirective
24information explaining promotion, encouragement, or counseling in favor of, or
25referral either directly or through an intermediary for, any of the following: