CORRECTED COPY
LRB-1845/1
TJD:cdc
2021 - 2022 LEGISLATURE
March 31, 2021 - Introduced by Senators Jacque,
Bernier, Bradley, Nass and
Stroebel, cosponsored by Representatives Murphy,
Cabral-Guevara,
Brandtjen, Brooks, Dittrich, Edming, Gundrum, Horlacher, Knodl,
Kuglitsch, Magnafici, Moses, Ramthun, Rozar, Sanfelippo, Schraa,
Skowronski, Thiesfeldt, Tittl, Tusler, Wichgers and Steffen. Referred to
Committee on Human Services, Children and Families.
SB260,1,3
1An Act to create 20.9273 of the statutes;
relating to: prohibiting performance
2of and funding or providing property for abortions and other services by certain
3employees 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 where abortions are performed that is not a
hospital; or training or receiving training in performing abortions. Additionally, the
UW System and the UW Hospitals and Clinics Authority are prohibited under the
bill from using funds or property to provide liability protection for or enter into any
type of agreement for employees to perform any of those activities that the bill
directly prohibits employees from performing. For purposes of these prohibitions, an
abortion, as defined under current law, is the use of a substance or device with intent
to terminate the pregnancy of a woman known to be or for whom there is reason to
believe may be pregnant and with intent other than to increase the probability of a
live birth, to preserve the life or health of the infant after live birth, or to remove a
dead fetus.
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. For
purposes of the funding prohibition, abortion is defined as the intentional
destruction of life of an unborn child. The funding prohibition in current law does
not apply when the abortion is directly and medically necessary to save the life of the
mother, when 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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB260,1
1Section
1. 20.9273 of the statutes is created to read:
SB260,2,3
220.9273 Prohibiting use of funds, property, and employee resources for
3abortions. (1) In this section:
SB260,2,44
(a) “Abortion” has the meaning given in s. 253.10 (2) (a).
SB260,2,55
(b) “Hospital” has the meaning given in s. 50.33 (2).
SB260,2,8
6(2) No employee of the University of Wisconsin System or the University of
7Wisconsin Hospitals and Clinics Authority may, in the scope of his or her
8employment, do any of the following:
SB260,2,99
(a) Perform or assist in performing an abortion.
SB260,2,1110
(b) Perform services at a private entity, other than a hospital, where abortions
11are performed.
SB260,2,1312
(c) Train others to perform abortions or receive training in performing
13abortions.
SB260,2,17
14(3) The University of Wisconsin System and the University of Wisconsin
15Hospitals and Clinics Authority may not use any funds or property to assist, assign,
16extend liability protection for, or enter into a contract, agreement, or memorandum
17of understanding that makes arrangements for employees to do any of the following:
SB260,2,1818
(a) Perform or assist in performing an abortion.
SB260,3,2
1(b) Perform services at a private entity, other than a hospital, where abortions
2are performed.
SB260,3,43
(c) Train others to perform abortions or receive training in performing
4abortions.
SB260,3,8
5(4) Nothing in this section restricts an individual from engaging in activities
6done outside the scope of employment at and without the use of funds or property of
7the University of Wisconsin System or the University of Wisconsin Hospitals and
8Clinics Authority.
