SB154: Bill Text

LRB-2446/1

TJD:kjf

2017 - 2018 LEGISLATURE

2017 Senate BILL 154

April 7, 2017 - Introduced by Senators Kapenga, Craig, LeMahieu, Moulton, Nass, Stroebel and Vukmir, cosponsored by Representatives Jacque, Allen, Brandtjen, R. Brooks, Duchow, Gannon, Horlacher, Hutton, Kleefisch, Kremer, Kulp, Murphy, Ott, Petersen, Quinn, Sanfelippo, Schraa, Skowronski, Thiesfeldt, Tittl, Tusler and Wichgers. Referred to Committee on Health and Human Services.

SB154,1,3 An Act to create 20.927 (1r) of the statutes; relating to: prohibiting performance of and funding or providing property for abortions and other services by certain employees and entities.

Analysis by the Legislative Reference Bureau

This bill prohibits an employee of the University of Wisconsin System or the University of Wisconsin Hospitals and Clinics Authority from, while in the scope of his or her employment, performing or assisting in the performance of an abortion; performing services at a private entity, other than a hospital, where abortions are performed; or training or receiving training in performing abortions, unless the training occurs at a hospital. The bill also prohibits the UW System and the UW Hospitals and Clinics Authority from assisting, assigning, extending liability protections for, and entering a contract, agreement, or memorandum of understanding that makes arrangements for employees to perform or assist in performing an abortion; perform services at a private entity, other than a hospital, where abortions are performed; or train or receive training in performing abortions, unless the training occurs at a hospital.

Under current law, no funds of the state or of certain local governmental units, including funds of the UW Hospitals and Clinics Authority, and no federal funds passing through the state treasury may be authorized for or paid to a physician or hospital, clinic, or other medical facility for the performance of an abortion. The funding prohibition does not apply if the abortion is directly and medically necessary to save the life of the mother, is directly and medically necessary to prevent grave, long-lasting physical health damage to the mother, or in circumstances of sexual assault or incest, if certain certification requirements are fulfilled. Under the bill, these exceptions to the funding prohibition also apply to the bill's prohibitions on employees of and on use of funds or property by the UW System and the UW Hospitals and Clinics Authority.

For further information see the state 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:

SB154,1 Section 1. 20.927 (1r) of the statutes is created to read:

SB154,2,3 20.927 (1r) (a) In this subsection, “hospital” has the meaning given in s. 50.33 (2).

SB154,2,6 (b) No employee of the University of Wisconsin System or the University of Wisconsin Hospitals and Clinics Authority may, in the scope of his or her employment, do any of the following:

SB154,2,7 1. Perform or assist in performing an abortion.

SB154,2,9 2. Perform services at a private entity, other than a hospital, where abortions are performed.

SB154,2,11 3. Train others to perform abortions or receive training in performing abortions, unless the training occurs at a hospital.

SB154,2,15 (c) The University of Wisconsin System and the University of Wisconsin Hospitals and Clinics Authority may not use any funds or property to assist, assign, extend liability protection for, or enter a contract, agreement, or memorandum of understanding that makes arrangements for employees to do any of the following:

SB154,2,16 1. Perform or assist in performing an abortion.

SB154,2,18 2. Perform services at a private entity, other than a hospital, where abortions are performed.

SB154,3,2 3. Train others to perform abortions or receive training in performing abortions, unless the training occurs at a hospital.

SB154,3,6 (d) Nothing in this subsection restricts an individual from engaging in activities done outside the scope of employment at and without the use of funds or property of the University of Wisconsin System or the University of Wisconsin Hospitals and Clinics Authority.

SB154,3,7 (End)