Section 20.9275. Prohibitions on funding 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) “Organization" means a nonprofit corporation, as defined in s. 66.0129 (6) (b) , or a public agency, as defined in s. 46.856 (1) (b) .

(e) “Pregnancy program, project or service" means a program, project or service of an organization that provides services for pregnancy prevention, family planning, as defined in s. 253.07 (1) (a) , pregnancy testing, pregnancy counseling, prenatal care, pregnancy services and reproductive health care services that are related to pregnancy.

(f) “Program funds" means all of the following funds distributed or attributable to an organization for operation of a pregnancy program, project or service:

1. Funds specified under sub. (2) (intro.) .

2. Income derived from a grant, subsidy or other funding specified under sub. (2) (intro.) or from a pregnancy program, project or service funded by a grant, subsidy or other funding specified under sub. (2) (intro.) .

3. Funds that are matching funds to a grant, subsidy or other funding specified under sub. (2) (intro.) .

(g) “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)  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 a grant, subsidy or other funding under s. 48.487 , 48.545 , 253.05 , 253.07 , 253.08 , or 253.085 or 42 USC 701 to 710 , if any of the following applies:

(a) The pregnancy program, project or service using the state, local or federal funds does any of the following:

1. Provides abortion services.

2. Promotes, encourages or counsels in favor of abortion services.

3. Makes abortion referrals either directly or through an intermediary in any instance other than when an abortion is directly and medically necessary to save the life of the pregnant woman.

(b) The pregnancy program, project or service is funded from any other source that requires, as a condition for receipt of the funds, that the pregnancy program, project or service perform any of the activities specified in par. (a) 1. to 3.

(2m)  Nothing in sub. (2) prohibits the providing of nondirective information explaining any of the following:

(a) Prenatal care and delivery.

(b) Infant care, foster care or adoption.

(c) Pregnancy termination.

(3)  Subject to sub. (3m) , no organization that receives funds specified under sub. (2) (intro.) may use program funds for an activity that is specified under sub. (2) (a) 1. to 3.

(3m)  The restriction under subs. (2) and (3) 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 of any federal funds.

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

(a) The organization may not receive funds specified under sub. (2) (intro.) for 24 months after the date on which the state agency or local governmental unit last authorized payment or the date on which the organization, under a pregnancy program, project or service, last violated sub. (3) , whichever is later.

(b) The grant, subsidy or other funding under which an organization, under a pregnancy program, project or service, has used funds in violation of sub. (3) , is terminated; and the organization shall return to the state agency or local governmental unit all funds that have been paid to the organization under the grant, subsidy or other funding.

(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 organization shall return to the state agency or local governmental unit funds that have been paid to the organization under the grant, subsidy or other funding.

1997 a. 27 , 237 ; 1999 a. 9 ; 2003 a. 33 ; 2007 a. 20 .