SF 330

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

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] FAMILY PLANNING GRANT FUNDS NOT 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