LRB-0292/3
DAK:cmh/kjf/cs:jf
2003 - 2004 LEGISLATURE
March 26, 2003 - Introduced by Senators Leibham, Kanavas, S. Fitzgerald, Kedzie,
Lazich, Zien, A. Lasee, Stepp, Breske, Roessler, Reynolds and Brown,
cosponsored by Representatives
Suder, Kestell, LeMahieu, Grothman,
Gundrum, M. Lehman, Nischke, Bies, Krawczyk, Hahn, Hines, Albers, J.
Fitzgerald, Hundertmark, Weber, Petrowski, Kreibich, Ott, Owens, J.
Wood, Freese, Gielow, Ladwig, Nass, Towns and McCormick. Referred to
Committee on Judiciary, Corrections and Privacy.
SB84,2,2
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 (3p), 20.9275 (6), 20.9275
8(7) and 20.9275 (8) of the statutes;
relating to: prohibiting an organization or
9affiliate of an organization that engages in abortion-related activities from
10receiving certain public funds, prohibiting an organization that receives
11certain public funds from using other public and private funds for
12abortion-related activities, specifying restrictions on affiliation between
13certain organizations, changing the types of information that may be provided
14by organizations that receive the funds, changing requirements related to the
1maternal and child health program and family planning services, and requiring
2audits.
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 funding that involves a pregnancy program,
project, or service under a specific state program (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 a program
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 exempts from the prohibition 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,
except to the extent that applying the prohibitions would result in the loss, by a
medical school or medical residency program, of accreditation from a national
accrediting organization or agency.
2. The bill applies the prohibition to abortion-related activities other than to
abortions that are performed to save the lives of pregnant women, in cases of sexual
assault or incest, or to prevent grave, long-lasting, physical health damage to
pregnant women, as those particular abortions apply to funding for Medical
Assistance and Badger Care.
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 organization or 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, except to the extent that applying the prohibitions would result in the loss,
by a medical school or medical residency program, of accreditation from a national
accrediting organization or agency.
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 that advocate
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 every three years 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:
SB84, 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:
SB84,4,33
20.9275
(1r) (intro.) In this section
, except as otherwise specified:
SB84,4,84
(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.
SB84, s. 2
9Section
2. 20.9275 (1g) of the statutes is created to read:
SB84,4,1110
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:
SB84,4,1412
(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.
SB84,4,1615
(b) To ensure that the state, state agencies, and local governmental units do not
16lend their imprimatur to abortion-related activities.
SB84,5,2
1(c) To ensure that organizations that engage in abortion-related activities do
2not receive a direct or indirect economic or marketing benefit from public funds.
SB84, s. 3
3Section
3. 20.9275 (1r) (am) of the statutes is created to read:
SB84,5,124
20.9275
(1r) (am) "Family planning" means the process of establishing
5objectives for the number and spacing of one's children and selecting the means by
6which those objectives may be achieved, including a broad range of acceptable and
7effective methods and services to limit or enhance fertility, including contraceptive
8methods, including natural family planning and abstinence; the management of
9infertility, including adoption; and preconceptional counseling, education, and
10general reproductive health care, including diagnosis and treatment of infections
11that threaten reproductive capability. "Family planning" does not include pregnancy
12care, including obstetric or prenatal care.
SB84, s. 4
13Section
4. 20.9275 (1r) (em) of the statutes is created to read:
SB84,5,1514
20.9275
(1r) (em) "Prenatal care" means medical services provided to a
15pregnant woman to promote maternal and fetal health.
SB84, s. 5
16Section
5. 20.9275 (2) (intro.) of the statutes is amended to read:
SB84,5,2517
20.9275
(2) (intro.)
No Except as provided in s. 20.927 (2) as it applies to
18funding under Medical Assistance, as defined in s. 49.43 (8), and Badger Care under
19s. 49.665, and subject to sub. (3p), no state agency or local governmental unit may
20authorize payment of funds of this state, of any local governmental unit or
, subject
21to sub. (3m), of federal funds passing through the state treasury as a grant, subsidy
, 22or other funding that wholly or partially or directly or indirectly involves pregnancy
23programs, projects
, or services,
that is including a grant, subsidy
, or other funding
24under s. 46.93, 46.99, 46.995,
253.02 (2), 253.05, 253.07, 253.08
, or 253.085 or
42 USC
25701 to
710, if any of the following applies:
SB84, s. 6
1Section
6. 20.9275 (2) (a) 2. of the statutes is renumbered 20.9275 (2) (a) 2.
2(intro.) and amended to read:
SB84,6,43
20.9275
(2) (a) 2. (intro.) Promotes, encourages
, or counsels in favor of abortion
4services
., including by doing any of the following:
SB84, s. 7
5Section
7. 20.9275 (2) (a) 2. a. of the statutes is created to read:
SB84,6,66
20.9275
(2) (a) 2. a. Acting to assist women to obtain abortions.
SB84, s. 8
7Section
8. 20.9275 (2) (a) 2. b. of the statutes is created to read:
SB84,6,98
20.9275
(2) (a) 2. b. Acting to increase the availability or accessibility of
9abortion for family planning purposes.
SB84, s. 9
10Section
9. 20.9275 (2) (a) 2. c. of the statutes is created to read:
SB84,6,1211
20.9275
(2) (a) 2. c. Lobbying for the passage of legislation to increase in any
12way the availability of abortion as a method of family planning.
SB84, s. 10
13Section
10. 20.9275 (2) (a) 2. d. of the statutes is created to read:
SB84,6,1514
20.9275
(2) (a) 2. d. Providing speakers to promote the use of abortion as a
15method of family planning.
SB84, s. 11
16Section
11. 20.9275 (2) (a) 2. e. of the statutes is created to read:
SB84,6,1817
20.9275
(2) (a) 2. e. Paying dues to a group that as a significant part of its
18activities advocates abortion as a method of family planning.
SB84, s. 12
19Section
12. 20.9275 (2) (a) 2. f. of the statutes is created to read:
SB84,6,2120
20.9275
(2) (a) 2. f. Using legal action to make abortion available in any way
21as a method of family planning.
SB84, s. 13
22Section
13. 20.9275 (2) (a) 2. g. of the statutes is created to read:
SB84,6,2523
20.9275
(2) (a) 2. g. Developing or disseminating in any way materials,
24including printed matter and audiovisual materials, that advocate abortion as a
25method of family planning.
SB84, s. 14
1Section
14. 20.9275 (2m) (intro.) of the statutes is amended to read:
SB84,7,42
20.9275
(2m) (intro.) Nothing in sub. (2) prohibits the
providing of nondirective
3information explaining promotion, encouragement, or counseling in favor of, or
4referral either directly or through an intermediary for, any of the following:
SB84, s. 15
5Section
15. 20.9275 (2m) (c) of the statutes is repealed.
SB84, s. 16
6Section
16. 20.9275 (2n) of the statutes is created to read:
SB84,7,97
20.9275
(2n) Except as provided in sub. (6), and subject to sub. (3p), none of the
8funds specified under sub. (2) (intro.) may be paid to an organization or affiliate of
9an organization that does any of the following: