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HF 1682

as introduced - 87th Legislature (2011 - 2012) Posted on 05/09/2011 09:44am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health; limiting use of family planning grant funds; proposing coding
for new law in Minnesota Statutes, chapter 145.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [145.417] NO FAMILY PLANNING GRANT FUNDS USED TO
SUBSIDIZE ABORTION SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following definitions
apply.
new text end

new text begin (b) "Abortion" means the use or prescription of any instrument, medicine, drug, or
any other substance or device to intentionally terminate the pregnancy of a female known
to be pregnant, with an intention other than to prevent the death of the female, increase
the probability of a live birth, preserve the life or health of the child after live birth, or
remove a dead fetus.
new text end

new text begin (c) "Family planning grant funds" means funds distributed through the maternal and
child health block grant program under sections 145.881 to 145.883, the family planning
special projects grant program under section 145.925, the program to eliminate health
disparities under section 145.928, or any other state grant program whose funds are or
may be used to fund family planning services.
new text end

new text begin (d) "Family planning services" means preconception services that limit or enhance
fertility, including methods of contraception, the management of infertility, preconception
counseling, education, and general reproductive health care.
new text end

new text begin (e) "Nondirective counseling" means providing patients with:
new text end

new text begin (1) a list of health care providers and social service providers that provide prenatal
care, childbirth care, infant care, foster care, adoption services, alternatives to abortion,
or abortion services; and
new text end

new text begin (2) nondirective, nonmarketing information regarding such providers.
new text end

new text begin (f) "Public advocacy" means engaging in one or more of the following:
new text end

new text begin (1) regularly engaging in efforts to encourage the passage or defeat of legislation
pertaining to the continued or expanded availability of abortion;
new text end

new text begin (2) publicly endorsing or recommending the election or defeat of a candidate for
public office based on the candidate's position on the legality of abortion; or
new text end

new text begin (3) engaging in civil litigation against a unit of government as a plaintiff seeking
to enjoin or otherwise prohibit enforcement of a statute, ordinance, rule, or regulation
pertaining to abortion.
new text end

new text begin Subd. 2. new text end

new text begin Uses of family planning grant funds. new text end

new text begin No family planning grant funds
may be:
new text end

new text begin (1) expended to directly or indirectly subsidize abortion services or administrative
expenses;
new text end

new text begin (2) paid or granted to an organization or an affiliate of an organization that provides
abortion services, unless the affiliate is independent as provided in subdivision 4; or
new text end

new text begin (3) paid or granted to an organization that has adopted or maintains a policy in
writing or through oral public statements that abortion is considered part of a continuum
of family planning services, reproductive health services, or both.
new text end

new text begin Subd. 3. new text end

new text begin Organizations receiving family planning grant funds. new text end

new text begin An organization
that receives family planning grant funds:
new text end

new text begin (1) may provide nondirective counseling relating to pregnancy but may not directly
refer patients who seek abortion services to any organization that provides abortion
services, including an independent affiliate of the organization receiving family planning
grant funds. For purposes of this clause, an affiliate is independent if it satisfies the criteria
in subdivision 4, paragraph (a);
new text end

new text begin (2) may not display or distribute marketing materials about abortion services to
patients;
new text end

new text begin (3) may not engage in public advocacy promoting the legality or accessibility of
abortion; and
new text end

new text begin (4) must be separately incorporated from any affiliated organization that provides
abortion services.
new text end

new text begin Subd. 4. new text end

new text begin Independent affiliates that provide abortion services. new text end

new text begin (a) To ensure
that the state does not lend its imprimatur to abortion services and to ensure that an
organization that provides abortion services does not receive a direct or indirect economic
or marketing benefit from family planning grant funds, an organization that receives
family planning grant funds may not be affiliated with an organization that provides
abortion services unless the organizations are independent from each other. To be
independent, the organizations may not share any of the following:
new text end

new text begin (1) the same or a similar name;
new text end

new text begin (2) medical facilities or nonmedical facilities, including, but not limited to, business
offices, treatment rooms, consultation rooms, examination rooms, and waiting rooms;
new text end

new text begin (3) expenses;
new text end

new text begin (4) employee wages or salaries; or
new text end

new text begin (5) equipment or supplies, including, but not limited to, computers, telephone
systems, telecommunications equipment, and office supplies.
new text end

new text begin (b) An organization that receives family planning grant funds and that is affiliated
with an organization that provides abortion services must maintain financial records
that demonstrate strict compliance with this subdivision and that demonstrate that
its independent affiliate that provides abortion services receives no direct or indirect
economic or marketing benefit from the family planning grant funds.
new text end

new text begin Subd. 5. new text end

new text begin Independent audit. new text end

new text begin When an organization applies for family planning
grant funds, the organization must submit with the grant application a copy of the
organization's most recent independent audit to ensure the organization is in compliance
with this section. The independent audit must have been conducted no more than two
years before the organization submits its grant application.
new text end

new text begin Subd. 6. new text end

new text begin Organizations receiving title X funds. new text end

new text begin Nothing in this section requires
an organization that receives federal funds under title X of the Public Health Service Act
to refrain from performing any service that is required to be provided as a condition of
receiving title X funds, as specified by the provisions of title X or the title X program
guidelines for project grants for family planning services published by the United States
Department of Health and Human Services.
new text end

new text begin Subd. 7. new text end

new text begin Severability. new text end

new text begin If any one or more provision, word, phrase, clause, sentence,
or subdivision of this section, or the application to any person or circumstance, is found
to be unconstitutional, it is declared to be severable and the balance of this section shall
remain effective notwithstanding such unconstitutionality. The legislature hereby declares
that it would have passed this section, and each provision, word, phrase, clause, sentence,
or subdivision of it, regardless of the fact that any one or more provision, word, phrase,
clause, sentence, or subdivision be declared unconstitutional.
new text end

new text begin Subd. 8. new text end

new text begin Supreme Court jurisdiction. new text end

new text begin The Minnesota Supreme Court has original
jurisdiction over any action challenging the constitutionality of this section and shall
expedite the resolution of the action.
new text end