Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB247 Compare Versions

Only one version of the bill is available at this time.

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1	1	LRB-2819/1
2	2	JPC:cdc
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 247
5	5	May 8, 2023 - Introduced by Representatives BEHNKE, WICHGERS, BODDEN,
6	6	BRANDTJEN, MAXEY, RETTINGER, SCHMIDT and SCHRAA, cosponsored by Senators
7	7	JACQUE, QUINN and STROEBEL. Referred to Committee on Health, Aging and
8	8	Long-Term Care.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 20.9278 of the statutes; relating to: prohibitions on the use
11	11	of public employees and public property for activities relating to abortion.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill prohibits any person employed by the state, a state agency, or a local
14	14	governmental unit from providing abortion services, promoting or encouraging
15	15	abortion services, making abortion referrals, or training others or receiving training
16	16	in performing abortions while acting within the scope of his or her employment.
17	17	Further, this bill prohibits the use of public property to provide abortion services,
18	18	promote or encourage abortion services, make abortion referrals, or train individuals
19	19	in performing abortions. However, it is not a violation of the prohibitions established
20	20	in the bill for a physician to perform a medical intervention designed or intended to
21	21	prevent the death of a pregnant woman if the physician makes all reasonable
22	22	medical efforts under the circumstances to preserve both the life of the woman and
23	23	the life of the unborn child in a manner consistent with conventional medical
24	24	practice. Under the bill, “public property” is defined to mean a public facility, public
25	25	institution, or other building or part of a building that is owned, leased, or controlled
26	26	by the state, a state agency, or a local governmental unit, or any equipment or other
27	27	physical asset that is owned, leased, or controlled by the state, a state agency, or a
28	28	local governmental unit.
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32	32	ASSEMBLY BILL 247
33	33	For further information see the state and local fiscal estimate, which will be
34	34	printed as an appendix to this bill.
35	35	The people of the state of Wisconsin, represented in senate and assembly, do
36	36	enact as follows:
37	37	SECTION 1. 20.9278 of the statutes is created to read:
38	38	20.9278 Prohibition on the use of public employees and public
39	39	property for abortion-related activities. (1) In this section:
40	40	(a) “Abortion" has the meaning given in s. 253.10 (2) (a).
41	41	(b) “Local governmental unit" means a city, village, town, county, or long-term
42	42	care district under s. 46.2895 or an agency or subdivision of a city, village, town, or
43	43	county.
44	44	(c) “Public property" means a public facility, public institution, or other
45	45	building or part of a building that is owned, leased, or controlled by the state, a state
46	46	agency, or a local governmental unit, or any equipment or other physical asset that
47	47	is owned, leased, or controlled by the state, a state agency, or a local governmental
48	48	unit.
49	49	(d) “State agency” means an office, department, agency, institution of higher
50	50	education, association, society or other body in state government created or
51	51	authorized to be created by the constitution or any law, which is entitled to expend
52	52	moneys appropriated by law, including the legislature, the courts, and an authority
53	53	created in ch. 231 or 233.
54	54	(2) Except as provided in sub. (4), no person employed by this state, by a state
55	55	agency, or by a local governmental unit may do any of the following while acting
56	56	within the scope of his or her employment, whether located within or without the
57	57	state:
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79	79	LRB-2819/1
80	80	JPC:cdc
81	81	SECTION 1
82	82	ASSEMBLY BILL 247
83	83	(a) Provide abortion services.
84	84	(b) Promote, encourage, or counsel in favor of abortion services.
85	85	(c) Make abortion referrals either directly or through an intermediary.
86	86	(d) Train others to perform abortions or receive training in performing
87	87	abortions.
88	88	(3) Except as provided in sub. (4), no public property may be used to do any of
89	89	the following, whether located within or without the state:
90	90	(a) Provide abortion services.
91	91	(b) Promote, encourage, or counsel in favor of abortion services.
92	92	(c) Make abortion referrals either directly or through an intermediary.
93	93	(d) Train individuals to perform abortions.
94	94	(4) (a) This section does not apply to a physician who performs a medical
95	95	intervention designed or intended to prevent the death of a pregnant woman if the
96	96	physician makes all reasonable medical efforts under the circumstances to preserve
97	97	both the life of the woman and the life of the unborn child in a manner consistent with
98	98	conventional medical practice. Medical treatment provided to a pregnant woman by
99	99	a physician that results in accidental or unintentional injury or death to the
100	100	pregnant woman's unborn child is not a violation of this section.
101	101	(b) Nothing in this section prohibits an individual from engaging in activities
102	102	done outside the scope of employment at and without the use of funds or property of
103	103	the state, any state agency, or any local governmental unit.
104	104	SECTION 2.0Initial applicability.
105	105	(1) This act first applies to a contract that is entered into, renewed, or modified
106	106	on the effective date of this subsection, except as provided in sub. (2).
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131	131	JPC:cdc
132	132	SECTION 2 ASSEMBLY BILL 247
133	133	(2) This act first applies to an employee who is affected by a collective
134	134	bargaining agreement that contains provisions inconsistent with this act on the day
135	135	on which the collective bargaining agreement expires or is extended, modified, or
136	136	renewed, whichever occurs first.
137	137	SECTION 3.0Effective date.
138	138	(1) This act takes effect on first day of the 4th month beginning after
139	139	publication.
140	140	(END)
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