Amendment JR2 AA14-AA1-ASA1-AB1

LRBb2616/1

DAK:jld:rs

January 2002 Special Session

2001 - 2002 LEGISLATURE

ASSEMBLY AMENDMENT 14, TO ASSEMBLY AMENDMENT 1, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 1

March 14, 2002 - Offered by Representatives Leibham, Wood, Albers, Ryba, McCormick, Pettis, Grothman, Plale, Petrowski, Meyerhofer, Sykora, Bies, Nass, Friske, Ott, Vrakas, Starzyk, Suder, Freese, Loeffelholz, Seratti, Krawczyk, Hahn, Urban, D. Meyer, J. Fitzgerald, Townsend, M. Lehman, Wieckert and Hundertmark.

AB1-ASA1-AA1-AA14,1,1 At the locations indicated, amend the amendment as follows:

AB1-ASA1-AA1-AA14,1,2 1. Page 37, line 22: after that line insert:

AB1-ASA1-AA1-AA14,1,3 "58r. Page 24, line 18: after that line insert:

AB1-ASA1-AA1-AA14,1,5 " Section 71nb. 20.9275 (1) of the statutes is renumbered 20.9275 (1r), and 20.9275 (1r) (intro.) and (e), as renumbered, are amended to read:

AB1-ASA1-AA1-AA14,1,6 20.9275 (1r) (intro.) In this section, except as otherwise specified:

AB1-ASA1-AA1-AA14,1,11 (e) "Pregnancy program, project or service" means a program, project, or service of an organization that provides services for pregnancy prevention, family planning, as defined in s. 253.07 (1) (a), pregnancy testing, pregnancy counseling, prenatal care, pregnancy services and, or reproductive health care services that are related to pregnancy.

AB1-ASA1-AA1-AA14, s. 71nc Section 71nc. 20.9275 (1g) of the statutes is created to read:

AB1-ASA1-AA1-AA14,2,3 20.9275 (1g) It is the intent of the legislature that this section shall further the profound and compelling state interest in all of the following:

AB1-ASA1-AA1-AA14,2,6 (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.

AB1-ASA1-AA1-AA14,2,8 (b) To ensure that the state, state agencies, and local governmental units do not lend their imprimatur to abortion-related activities.

AB1-ASA1-AA1-AA14,2,10 (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.

AB1-ASA1-AA1-AA14, s. 71nd Section 71nd. 20.9275 (1r) (am) of the statutes is created to read:

AB1-ASA1-AA1-AA14,2,20 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.

AB1-ASA1-AA1-AA14, s. 71ne Section 71ne. 20.9275 (1r) (em) of the statutes is created to read:

AB1-ASA1-AA1-AA14,2,23 20.9275 (1r) (em) "Prenatal care" means medical services provided to a pregnant woman to promote maternal and fetal health.

AB1-ASA1-AA1-AA14, s. 71nf Section 71nf. 20.9275 (2) (intro.) of the statutes is amended to read:

AB1-ASA1-AA1-AA14,3,9 20.9275 (2) (intro.) No Except as provided in s. 20.927 (2) and under medical assistance, as defined in s. 49.43 (8), and badger care under s. 49.665, and subject to sub. (3p), 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:

AB1-ASA1-AA1-AA14, s. 71ng Section 71ng. 20.9275 (2) (a) 2. of the statutes is renumbered 20.9275 (2) (a) 2. (intro.) and amended to read:

AB1-ASA1-AA1-AA14,3,13 20.9275 (2) (a) 2. (intro.) Promotes, encourages, or counsels in favor of abortion services., including by doing any of the following:

AB1-ASA1-AA1-AA14, s. 71nh Section 71nh. 20.9275 (2) (a) 2. a. of the statutes is created to read:

AB1-ASA1-AA1-AA14,3,15 20.9275 (2) (a) 2. a. Acting to assist women to obtain abortions.

AB1-ASA1-AA1-AA14, s. 71ni Section 71ni. 20.9275 (2) (a) 2. b. of the statutes is created to read:

AB1-ASA1-AA1-AA14,3,18 20.9275 (2) (a) 2. b. Acting to increase the availability or accessibility of abortion for family planning purposes.

AB1-ASA1-AA1-AA14, s. 71nj Section 71nj. 20.9275 (2) (a) 2. c. of the statutes is created to read:

AB1-ASA1-AA1-AA14,3,21 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.

AB1-ASA1-AA1-AA14, s. 71nk Section 71nk. 20.9275 (2) (a) 2. d. of the statutes is created to read:

AB1-ASA1-AA1-AA14,3,24 20.9275 (2) (a) 2. d. Providing speakers to promote the use of abortion as a method of family planning.

AB1-ASA1-AA1-AA14, s. 71nL Section 71nL. 20.9275 (2) (a) 2. e. of the statutes is created to read:

AB1-ASA1-AA1-AA14,4,2 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.

AB1-ASA1-AA1-AA14, s. 71nm Section 71nm. 20.9275 (2) (a) 2. f. of the statutes is created to read:

AB1-ASA1-AA1-AA14,4,5 20.9275 (2) (a) 2. f. Using legal action to make abortion available in any way as a method of family planning.

AB1-ASA1-AA1-AA14, s. 71nn Section 71nn. 20.9275 (2) (a) 2. g. of the statutes is created to read:

AB1-ASA1-AA1-AA14,4,9 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.

AB1-ASA1-AA1-AA14, s. 71np Section 71np. 20.9275 (2m) (intro.) of the statutes is amended to read:

AB1-ASA1-AA1-AA14,4,13 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:

AB1-ASA1-AA1-AA14, s. 71nq Section 71nq. 20.9275 (2m) (c) of the statutes is repealed.

AB1-ASA1-AA1-AA14, s. 71nrc Section 71nrc. 20.9275 (2n) of the statutes is created to read:

AB1-ASA1-AA1-AA14,4,18 20.9275 (2n) Except as provided in sub. (6), and subject to sub. (3p), 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:

AB1-ASA1-AA1-AA14,4,19 (a) Engages in an activity that is specified under sub. (2) (a) 1. to 3.

AB1-ASA1-AA1-AA14,4,22 (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.

AB1-ASA1-AA1-AA14, s. 71nrd Section 71nrd. 20.9275 (3) of the statutes is amended to read:

AB1-ASA1-AA1-AA14,5,5 20.9275 (3) Subject to sub. (3m) Except as provided in s. 20.927 (2) and under medical assistance, as defined in s. 49.43 (8), and badger care under s. 49.665, and subject to sub. (3p), no organization that receives funds specified under sub. (2) (intro.) may use program funds for engage in 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.

AB1-ASA1-AA1-AA14, s. 71nre Section 71nre. 20.9275 (3m) of the statutes is repealed.

AB1-ASA1-AA1-AA14, s. 71nrf Section 71nrf. 20.9275 (3p) of the statutes is created to read:

AB1-ASA1-AA1-AA14,5,12 20.9275 (3p) The restrictions under subs. (2), (2n), and (3) on the authorization of payment and the payment and use of funds apply only to the extent that the application of the restrictions does not result in the loss, by a medical school or medical residency program in this state, of accreditation from a national accrediting organization or agency.

AB1-ASA1-AA1-AA14, s. 71nrg Section 71nrg. 20.9275 (6) of the statutes is created to read: