AB653: Bill Text

LRB-2329/2

DAK:kmg:kjf

2001 - 2002 LEGISLATURE

2001 Assembly BILL 653

November 27, 2001 - Introduced by Representatives Grothman, Albers, J. Fitzgerald, Gunderson, Gundrum, Hahn, Huebsch, Kedzie, Kestell, Krawczyk, Kreibich, Ladwig, M. Lehman, Leibham, Loeffelholz, McCormick, Nass, Ott, Owens, Petrowski, Pettis, Plale, Ryba, Seratti, Stone, Suder, Sykora, Urban and Walker, cosponsored by Senators Lazich, S. Fitzgerald, Roessler, Schultz and Zien. Referred to Committee on Family Law.

AB653,1,6 An Act to create 20.9274 and 118.289 of the statutes; relating to: prohibiting the dispensing, prescribing, or administering of a contraceptive prescription drug or device to a pupil under school-based medical services and prohibiting the payment of public funds for school-based medical services under which contraceptive prescription drugs or devices are dispensed, prescribed, or administered.

Analysis by the Legislative Reference Bureau

This bill prohibits the dispensing, prescribing, or administering of a contraceptive prescription drug or a contraceptive prescription device to a pupil, as part of a school-based medical service, by an employee of, volunteer for, or contractor with a school district, a cooperative educational service agency, a charter school, a private school, the Wisconsin School for the Deaf, or the Wisconsin Center for the Blind and Visually Impaired.

Further, the bill prohibits state agencies and local governmental units from authorizing state, local, or federal funds for school-based medical services to a school district, a cooperative educational service agency, a charter school, a private school, the Wisconsin School for the Deaf, or the Wisconsin Center for the Blind and Visually Impaired that violates the prohibition on dispensing, prescribing, or administering the contraceptives. A school district, a cooperative educational service agency, a charter school, a private school, the Wisconsin School for the Deaf, or the Wisconsin Center for the Blind and Visually Impaired that receives state, local, or federal moneys for school-based medical services and that violates the prohibition on dispensing, prescribing, or administering the contraceptives may not receive additional funds for the school-based medical services for 24 months and must return all moneys paid for the services; and the grant, subsidy, or other funding under which the funds were received is terminated.

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:

AB653, s. 1 Section 1. 20.9274 of the statutes is created to read:

AB653,2,2 20.9274 Prohibitions on funding for contraceptives. (1) In this section:

AB653,2,3 (a) "Charter school" has the meaning given in s. 115.001 (1).

AB653,2,5 (b) "Local governmental unit" means a city, village, town, or county or an agency or subdivision of a city, village, town, or county.

AB653,2,7 (c) "Organization" means a nonprofit corporation, as defined in s. 46.93 (1m) (c), or a public agency, as defined in s. 46.93 (1m) (e).

AB653,2,10 (d) "School" means a school district, a cooperative educational service agency, a charter school, a private school, the Wisconsin School for the Deaf, or the Wisconsin Center for the Blind and Visually Impaired.

AB653,2,15 (e) "State agency" means an office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature, the courts, and an authority created in ch. 231 or 233.

AB653,3,3 (2) No state agency or local governmental unit may authorize payment of funds of this state, of any local governmental unit, or, subject to sub. (3), of federal funds passing through the state treasury as a grant, subsidy, or other funding for school-based medical services to a school or to an organization or agent working on behalf of a school if the school, organization, or agent using the state, local, or federal funds violates s. 118.289.

AB653,3,7 (3) The restriction under sub. (2) on the authorization of payment and the use of federal funds passing through the state treasury shall apply only to the extent that the application of the restriction does not result in the loss to the state of any federal funds.

AB653,3,9 (4) If an organization that receives funds specified under sub. (2) violates s. 118.289, all of the following shall apply:

AB653,3,13 (a) The school or organization may not receive funds specified under sub. (2) for 24 months after the date on which the state agency or local governmental unit last authorized payment or the date on which the school, organization, or agent last violated s. 118.289, whichever is later.

AB653,3,17 (b) The grant, subsidy, or other funding under which a school or organization has used funds in violation of s. 118.289 is terminated; and the school or organization shall return to the state agency or local governmental unit all funds that have been paid to the school or organization under the grant, subsidy, or other funding.

AB653,3,23 (5) If a state agency or local governmental unit authorizes payment in violation of sub. (2), the grant, subsidy, or other funding under which the state agency or local governmental unit authorized payment in violation of sub. (2) is terminated; and the school or organization shall return to the state agency or local governmental unit funds that have been paid to the school or organization under the grant, subsidy, or other funding.

AB653, s. 2 Section 2. 118.289 of the statutes is created to read:

AB653,4,7 118.289 Dispensing, prescribing, or administering contraceptives prohibited. No person who provides school-based medical services as an employee of, volunteer for, or contractor with a school district, a cooperative educational service agency, a charter school, a private school, the Wisconsin School for the Deaf, or the Wisconsin Center for the Blind and Visually Impaired may dispense, prescribe, or administer a contraceptive prescription drug or contraceptive prescription device to a pupil as part of the school-based medical service.

AB653,4,8 (End)