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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 247
May 8, 2023 - Introduced by Representatives BEHNKE, WICHGERS, BODDEN,
BRANDTJEN, MAXEY, RETTINGER, SCHMIDT and SCHRAA, cosponsored by Senators
JACQUE, QUINN and STROEBEL. Referred to Committee on Health, Aging and
Long-Term Care.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 20.9278 of the statutes; relating to: prohibitions on the use
of public employees and public property for activities relating to abortion.
Analysis by the Legislative Reference Bureau
This bill prohibits any person employed by the state, a state agency, or a local
governmental unit from providing abortion services, promoting or encouraging
abortion services, making abortion referrals, or training others or receiving training
in performing abortions while acting within the scope of his or her employment.
Further, this bill prohibits the use of public property to provide abortion services,
promote or encourage abortion services, make abortion referrals, or train individuals
in performing abortions. However, it is not a violation of the prohibitions established
in the bill for a physician to perform a medical intervention designed or intended to
prevent the death of a pregnant woman if the physician makes all reasonable
medical efforts under the circumstances to preserve both the life of the woman and
the life of the unborn child in a manner consistent with conventional medical
practice. Under the bill, “public property” is defined to mean a public facility, public
institution, or other building or part of a building that is owned, leased, or controlled
by the state, a state agency, or a local governmental unit, or any equipment or other
physical asset that is owned, leased, or controlled by the state, a state agency, or a
local governmental unit.
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ASSEMBLY BILL 247
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:
SECTION 1. 20.9278 of the statutes is created to read:
20.9278 Prohibition on the use of public employees and public
property for abortion-related activities. (1) In this section:
(a) “Abortion" has the meaning given in s. 253.10 (2) (a).
(b) “Local governmental unit" means a city, village, town, county, or long-term
care district under s. 46.2895 or an agency or subdivision of a city, village, town, or
county.
(c) “Public property" means a public facility, public institution, or other
building or part of a building that is owned, leased, or controlled by the state, a state
agency, or a local governmental unit, or any equipment or other physical asset that
is owned, leased, or controlled by the state, a state agency, or a local governmental
unit.
(d) “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.
(2) Except as provided in sub. (4), no person employed by this state, by a state
agency, or by a local governmental unit may do any of the following while acting
within the scope of his or her employment, whether located within or without the
state:
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SECTION 1
ASSEMBLY BILL 247
(a) Provide abortion services.
(b) Promote, encourage, or counsel in favor of abortion services.
(c) Make abortion referrals either directly or through an intermediary.
(d) Train others to perform abortions or receive training in performing
abortions.
(3) Except as provided in sub. (4), no public property may be used to do any of
the following, whether located within or without the state:
(a) Provide abortion services.
(b) Promote, encourage, or counsel in favor of abortion services.
(c) Make abortion referrals either directly or through an intermediary.
(d) Train individuals to perform abortions.
(4) (a) This section does not apply to a physician who performs a medical
intervention designed or intended to prevent the death of a pregnant woman if the
physician makes all reasonable medical efforts under the circumstances to preserve
both the life of the woman and the life of the unborn child in a manner consistent with
conventional medical practice. Medical treatment provided to a pregnant woman by
a physician that results in accidental or unintentional injury or death to the
pregnant woman's unborn child is not a violation of this section.
(b) Nothing in this section prohibits an individual from engaging in activities
done outside the scope of employment at and without the use of funds or property of
the state, any state agency, or any local governmental unit.
SECTION 2.0Initial applicability.
(1) This act first applies to a contract that is entered into, renewed, or modified
on the effective date of this subsection, except as provided in sub. (2).
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SECTION 2 ASSEMBLY BILL 247
(2) This act first applies to an employee who is affected by a collective
bargaining agreement that contains provisions inconsistent with this act on the day
on which the collective bargaining agreement expires or is extended, modified, or
renewed, whichever occurs first.
SECTION 3.0Effective date.
(1) This act takes effect on first day of the 4th month beginning after
publication.
(END)
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