LRB-4212/1
DAK:wlj&cjs:pg
2001 - 2002 LEGISLATURE
December 12, 2001 - Introduced by Senators Kanavas, Welch, Zien, Cowles,
Schultz and S. Fitzgerald, cosponsored by Representatives Walker, Duff,
Starzyk, Owens, Leibham, J. Fitzgerald, Suder, Ladwig, Kedzie, Gunderson,
Jeskewitz, Hines, Hahn, Kreibich, Ryba, Urban, Vrakas, Nass, Stone, Albers,
Huebsch, Krawczyk and
Pettis. Referred to Committee on Judiciary,
Consumer Affairs, and Campaign Finance Reform.
SB348,2,2
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 form 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 prohibition on payment of public funds to an organization
that engages in abortion-related activities, in the following ways:
1. The bill applies the prohibition to all public funds for, among other things,
prenatal care, pregnancy services, and reproductive health care services that are
related to pregnancy.
2. 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; fund-raising activities;
expenses; employees; employee wages or salaries; or databases. 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.
3. 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.
The bill also specifies prohibited abortion-related activities related to
promoting, encouraging, or counseling in favor of abortion services, including 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. 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.
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:
SB348, s. 1
1Section
1. 20.9275 (1) of the statutes is renumbered 20.9275 (1r), and 20.9275
2(1r) (intro.), as renumbered, is amended to read:
SB348,4,1
120.9275
(1r) (intro.) In this section
, except as otherwise specified:
SB348, s. 2
2Section
2. 20.9275 (1g) of the statutes is created to read:
SB348,4,43
20.9275
(1g) It is the intent of the legislature that this section shall further the
4profound and compelling state interest in all of the following:
SB348,4,75
(a) To protect the life of an unborn child throughout pregnancy by favoring
6childbirth over abortion and implementing that value judgment through the
7allocation of public resources.
SB348,4,98
(b) To ensure that the state, state agencies, and local governmental units do not
9lend their imprimatur to abortion-related activities.
SB348,4,1110
(c) To ensure that organizations that engage in abortion-related activities do
11not receive a direct or indirect economic or marketing benefit from public funds.
SB348, s. 3
12Section
3. 20.9275 (1r) (am) of the statutes is created to read:
SB348,4,2113
20.9275
(1r) (am) "Family planning" means the process of establishing
14objectives for the number and spacing of one's children and selecting the means by
15which those objectives may be achieved, including a broad range of acceptable and
16effective methods and services to limit or enhance fertility, including contraceptive
17methods, including natural family planning and abstinence; the management of
18infertility, including adoption; and preconceptional counseling, education, and
19general reproductive health care, including diagnosis and treatment of infections
20that threaten reproductive capability. "Family planning" does not include pregnancy
21care, including obstetric or prenatal care.
SB348, s. 4
22Section
4. 20.9275 (1r) (em) of the statutes is created to read:
SB348,4,2423
20.9275
(1r) (em) "Prenatal care" means medical services provided to a
24pregnant woman to promote maternal and fetal health.
SB348, s. 5
25Section
5. 20.9275 (2) (intro.) of the statutes is amended to read:
SB348,5,8
120.9275
(2) (intro.)
No Except as provided in sub. (2m) and notwithstanding
2s. 20.927 (2), no state agency or local governmental unit may authorize payment of
3funds of this state, of any local governmental unit or
, subject to sub. (3m), of federal
4funds passing through the state treasury as a grant, subsidy
, or other funding that
5wholly or partially or directly or indirectly involves pregnancy programs, projects
, 6or services,
that is including a grant, subsidy
, or other funding under s. 46.93, 46.99,
746.995,
253.02 (2), 253.05, 253.07, 253.08
, or 253.085 or
42 USC 701 to
710, if any of
8the following applies:
SB348, s. 6
9Section
6. 20.9275 (2) (a) 2. of the statutes is renumbered 20.9275 (2) (a) 2.
10(intro.) and amended to read:
SB348,5,1211
20.9275
(2) (a) 2. (intro.) Promotes, encourages
, or counsels in favor of abortion
12services
., including by doing any of the following:
SB348, s. 7
13Section
7. 20.9275 (2) (a) 2. a. of the statutes is created to read:
SB348,5,1414
20.9275
(2) (a) 2. a. Acting to assist women to obtain abortions.
SB348, s. 8
15Section
8. 20.9275 (2) (a) 2. b. of the statutes is created to read:
SB348,5,1716
20.9275
(2) (a) 2. b. Acting to increase the availability or accessibility of
17abortion for family planning purposes.
SB348, s. 9
18Section
9. 20.9275 (2) (a) 2. c. of the statutes is created to read:
SB348,5,2019
20.9275
(2) (a) 2. c. Lobbying for the passage of legislation to increase in any
20way the availability of abortion as a method of family planning.
SB348, s. 10
21Section
10. 20.9275 (2) (a) 2. d. of the statutes is created to read:
SB348,5,2322
20.9275
(2) (a) 2. d. Providing speakers to promote the use of abortion as a
23method of family planning.
SB348, s. 11
24Section
11. 20.9275 (2) (a) 2. e. of the statutes is created to read:
SB348,6,2
120.9275
(2) (a) 2. e. Paying dues to a group that as a significant part of its
2activities advocates abortion as a method of family planning.
SB348, s. 12
3Section
12. 20.9275 (2) (a) 2. f. of the statutes is created to read:
SB348,6,54
20.9275
(2) (a) 2. f. Using legal action to make abortion available in any way
5as a method of family planning.
SB348, s. 13
6Section
13. 20.9275 (2) (a) 2. g. of the statutes is created to read:
SB348,6,97
20.9275
(2) (a) 2. g. Developing or disseminating in any way materials,
8including printed matter and audiovisual materials, advocating abortion as a
9method of family planning.
SB348, s. 14
10Section
14. 20.9275 (2m) (intro.) of the statutes is amended to read:
SB348,6,1311
20.9275
(2m) (intro.) Nothing in sub. (2) prohibits the
providing of nondirective
12information explaining promotion, encouragement, or counseling in favor of, or
13referral either directly or through an intermediary for, any of the following:
SB348, s. 15
14Section
15. 20.9275 (2m) (c) of the statutes is repealed.
SB348, s. 16
15Section
16. 20.9275 (2n) of the statutes is created to read:
SB348,6,1816
20.9275
(2n) Except as provided in sub. (6), none of the funds specified under
17sub. (2) (intro.) may be paid to an organization or affiliate of an organization that does
18any of the following:
SB348,6,1919
(a) Engages in an activity that is specified under sub. (2) (a) 1. to 3.
SB348,6,2220
(b) Receives funds from any source that requires, as a condition for receipt of
21the funds, that the organization or affiliate perform any of the activities specified in
22sub. (2) (a) 1. to 3.
SB348, s. 17
23Section
17. 20.9275 (3) of the statutes is amended to read:
SB348,7,424
20.9275
(3) Subject to sub. (3m)
Notwithstanding s. 20.927 (2), no organization
25that receives funds specified under sub. (2) (intro.) may use program funds for an
1activity that is specified under sub. (2) (a) 1. to 3.
No organization that receives funds
2specified under sub. (2) (intro.) may transfer any program funds or any other public
3funds to an organization or affiliate of an organization to which sub. (2n) (a) or (b)
4applies.
SB348, s. 18
5Section
18. 20.9275 (3m) of the statutes is repealed.
SB348, s. 19
6Section
19. 20.9275 (6) of the statutes is created to read:
SB348,7,107
20.9275
(6) Subsection (2n) does not apply to an organization that otherwise
8is qualified to receive funding under sub. (2) and that is affiliated with an
9organization to which sub. (2n) (a) or (b) applies if the organizations are physically
10and financially independent from each other under all of the following criteria:
SB348,7,1311
(a) The organization that receives funds specified under sub. (2) (intro.) and its
12independent affiliate to which sub. (2n) (a) or (b) applies are not located in the same
13building and do not share any of the following:
SB348,7,1414
1. The same or a similar name.
SB348,7,1615
2. Medical or nonmedical facilities, including treatment, consultation,
16examination, or waiting rooms or business offices.
SB348,7,1817
3. Equipment or supplies, including computers, telephone systems,
18telecommunications equipment, vehicles, office supplies, or medical supplies.
SB348,7,2019
4. Services, including management, accounting, or payroll services or
20equipment or facility maintenance.
SB348,7,2121
5. Income, grants, donations of cash or property, in-kind gifts, or other revenue.