Amendment JR2 AA14-AA1-ASA1-AB1

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:

AB1-ASA1-AA1-AA14,5,17 20.9275 (6) Subsection (2n) does not apply to an organization that otherwise is qualified to receive funding under sub. (2) and that is affiliated with an organization to which sub. (2n) (a) or (b) applies if the organizations are physically and financially independent from each other under all of the following criteria:

AB1-ASA1-AA1-AA14,5,20 (a) The organization that receives funds specified under sub. (2) (intro.) and its independent affiliate to which sub. (2n) (a) or (b) applies are not located in the same building and do not share any of the following:

AB1-ASA1-AA1-AA14,5,21 1. The same or a similar name.

AB1-ASA1-AA1-AA14,5,23 2. Medical or nonmedical facilities, including treatment, consultation, examination, or waiting rooms or business offices.

AB1-ASA1-AA1-AA14,5,25 3. Equipment or supplies, including computers, telephone systems, telecommunications equipment, vehicles, office supplies, or medical supplies.

AB1-ASA1-AA1-AA14,6,2 4. Services, including management, accounting, or payroll services or equipment or facility maintenance.

AB1-ASA1-AA1-AA14,6,3 5. Income, grants, donations of cash or property, in-kind gifts, or other revenue.

AB1-ASA1-AA1-AA14,6,5 6. Financial accounts, including checking accounts, savings accounts, and investments.

AB1-ASA1-AA1-AA14,6,6 7. Fund-raising activities.

AB1-ASA1-AA1-AA14,6,7 8. Expenses.

AB1-ASA1-AA1-AA14,6,8 9. Employees.

AB1-ASA1-AA1-AA14,6,9 10. Employee wages or salaries.

AB1-ASA1-AA1-AA14,6,10 11. Databases, including client lists.

AB1-ASA1-AA1-AA14,6,11 12. Marketing materials and other promotional products.

AB1-ASA1-AA1-AA14,6,14 (b) The organization that receives funds specified under sub. (2) (intro.) is separately incorporated from its independent affiliate to which sub. (2n) (a) or (b) applies.

AB1-ASA1-AA1-AA14,6,20 (c) The organization that receives funds specified under sub. (2) (intro.) maintains financial records and database records that demonstrate that its independent affiliate to which sub. (2n) (a) or (b) applies receives no direct or indirect economic or marketing benefit from the program funds. Separation of program funds from other moneys by means of bookkeeping alone is not sufficient to meet the requirement of this paragraph.

AB1-ASA1-AA1-AA14, s. 71nrh Section 71nrh. 20.9275 (7) of the statutes is created to read:

AB1-ASA1-AA1-AA14,7,3 20.9275 (7) At least once every 3 years, the legislative audit bureau shall conduct an audit of each organization that receives the funds specified under sub. (2) (intro.) and the state agency or local governmental unit that authorizes payment of the funds to the organization, to determine if the organization, state agency, or local governmental unit has strictly complied with this section. If the organization is an affiliate of an organization to which sub. (2n) (a) or (b) applies, the legislative audit bureau shall conduct the audit at least annually.

AB1-ASA1-AA1-AA14, s. 71nri Section 71nri. 20.9275 (8) of the statutes is created to read:

AB1-ASA1-AA1-AA14,7,7 20.9275 (8) A person may file a petition for a writ of mandamus or prohibition with the circuit court for the county where a violation of this section is alleged to have occurred or is proposed to occur.".".

AB1-ASA1-AA1-AA14,7,8 2. Page 220, line 5: after that line insert:

AB1-ASA1-AA1-AA14,7,9 "230m. Page 182, line 11: before that line insert:

AB1-ASA1-AA1-AA14,7,10 " Section 368rd. 253.02 (2m) (intro.) of the statutes is amended to read:

AB1-ASA1-AA1-AA14,7,16 253.02 (2m) (intro.) Nothing in this section authorizes the performance, promotion, encouragement, or counseling in favor of, or referral either directly or through an intermediary for, voluntary termination of pregnancy. Nothing in this section 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. 368re Section 368re. 253.02 (2m) (c) of the statutes is repealed.".

AB1-ASA1-AA1-AA14,7,18 230n. Page 182, line 16: after that line insert:

AB1-ASA1-AA1-AA14,7,19 " Section 369d. 253.07 (1) (a) (intro.) of the statutes is amended to read:

AB1-ASA1-AA1-AA14,8,2 253.07 (1) (a) (intro.) "Family planning" means voluntary action by individuals to prevent or aid conception. "Family planning" does not include the performance, promotion, encouragement, or counseling in favor of, or referral either directly or through an intermediary for, voluntary termination of pregnancy, but may include 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. 369e Section 369e. 253.07 (1) (a) 3. of the statutes is repealed.

AB1-ASA1-AA1-AA14, s. 369f Section 369f. 253.07 (1) (b) (intro.) of the statutes is amended to read:

AB1-ASA1-AA1-AA14,8,15 253.07 (1) (b) (intro.) "Family planning services" mean means counseling by trained personnel regarding family planning; distribution of information relating to family planning; and referral to licensed nurse practitioners within the scope of their practice, licensed physicians, or local health departments for consultation, examination, medical treatment, and prescriptions for the purpose of family planning. "Family planning" does not include the performance, promotion, encouragement, or counseling in favor of, or referral either directly or through an intermediary for, voluntary termination of pregnancy, but may include 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. 369g Section 369g. 253.07 (1) (b) 3. of the statutes is repealed.".".

AB1-ASA1-AA1-AA14,8,17 3. Page 343, line 19: after that line insert:

AB1-ASA1-AA1-AA14,8,18 "431c. Page 435, line 24: after that line insert:

AB1-ASA1-AA1-AA14,9,2 "(4b) Publicly funded organizations. The treatment of sections 20.9275 (1) (intro.), (am), and (em), (2) (intro.), (a) 2. and a. to g., (2m) (intro.) and (c), (2n), (3), (3m), (3p), and (6) to (8) of the statutes first applies to contracts on the day on which the contract expires or is extended, modified, or renewed, whichever first occurs and to employees who are affected by a collective bargaining agreement that contains provisions inconsistent with that treatment on the day on which the collective bargaining agreement expires or is extended, modified, or renewed, whichever first occurs.".".

AB1-ASA1-AA1-AA14,9,3 (End)