SB271: Bill Text

The bill also repeals other various abortion-related laws, including all of the following:

1. The bill eliminates the prohibition on giving a woman an abortion-inducing drug unless the physician who provided the drug for the woman performs a physical exam on the woman and is physically present in the room when the drug is given to the woman.

2. The bill eliminates the prohibition on coverage of abortions by qualified health plans offered through an exchange in this state.

3. The bill eliminates the prohibition on performing abortions by a physician that does not have admitting privileges in a hospital within 30 miles of the location where the abortion is to be performed. This statute was previously held to be unenforceable by the U.S. Court of Appeals for the 7th Circuit in Planned Parenthood of Wis., Inc. v. Schimel, 806 F.3d 908 (7th Cir. 2015), which affirmed a permanent injunction granted by the U.S. District Court for the Western District of Wisconsin.

4. The bill repeals a statute that provides that any person, other than the mother, who intentionally destroys the life of an unborn child may be fined not more than $10,000, imprisoned for not more than six years, or both. “Unborn child” is defined in the statute as a human being from the time of conception until born alive. The statute also provides that any person, other than the mother, who intentionally destroys the life of an unborn quick child or causes the mother’s death by an act done with intent to destroy the life of an unborn child may be fined not more than $50,000, imprisoned for not more than 15 years, or both. None of these penalties apply to a therapeutic abortion that is performed by a physician; is necessary, or advised by two other physicians as necessary, to save the life of the mother; and, unless an emergency prevents, is performed in a licensed maternity hospital. This statute was previously held to be unenforceable. It was cited in Roe v. Wade, 410 U.S. 113 (1973), as similar to a Texas statute that was held to violate the due process clause of the 14th Amendment to the U.S. Constitution. The unenforceability of the statute following the Roe v. Wade decision was noted in a subsequent decision by a federal district court, Larkin v. McCann, 368 F. Supp. 1352 (E.D. Wis. 1974). In June 2022, the U.S. Supreme Court overturned the Roe v. Wade decision in Dobbs v. Jackson Women’s Health Org., 142 S. Ct. 2228 (2022). Litigation concerning the status of the statute is currently pending in state court. In December 2023, the Dane County Circuit Court issued a decision and order declaring that the statute “does not apply to abortions.” Kaul v. Urmanski, No. 22-CV-1594, slip op. at 14 (Wis. Dane Cnty. Cir. Ct. Dec. 5, 2023). An appeal is pending before the Wisconsin Supreme Court. See Kaul v. Urmanski, No. 2023AP002362 (Wis. July 2, 2024) (order granting a petition to bypass the court of appeals). The Wisconsin Supreme Court has also granted a petition for leave to commence an original action regarding whether the state constitution protects a right to receive an abortion and a right for physicians to provide abortions. See Planned Parenthood of Wisconsin v. Urmanski, No. 2024AP000330 (Wis. July 2, 2024) (order granting leave to commence an original action); see Petition to Wis. S. Ct. to Take Jurisdiction of an Original Action, Planned Parenthood of Wisconsin v. Urmanski, No. 2024AP000330 (Wis. filed Feb. 22, 2024).

The bill also repeals the criminal penalty on a person who is not a physician and who intentionally performs an abortion. The bill does not affect any other criminal prohibition or limitation on abortion in current law, such as the general prohibition on performing an abortion after the fetus or unborn child has reached viability, or any other homicide prohibition. The bill also does not affect a separate provision in current law that prohibits prosecution of and imposing or enforcing a fine or imprisonment against a woman who obtains an abortion or otherwise violates any abortion law with respect to her unborn child or fetus.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

This proposal may contain a health insurance mandate requiring a social and financial impact report under s. 601.423, stats.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB271,1 Section 1. 40.03 (6) (a) 1. of the statutes is amended to read:

SB271,3,4 40.03 (6) (a) 1. Except as provided in par. (m), shall Shall, on behalf of the state, enter into a contract or contracts with one or more insurers authorized to transact insurance business in this state for the purpose of providing the group insurance plans provided for by this chapter; or

SB271,2 Section 2. 40.03 (6) (a) 2. of the statutes is amended to read:

SB271,3,11 40.03 (6) (a) 2. Except as provided in par. (m), may May, wholly or partially in lieu of subd. 1., on behalf of the state, provide any group insurance plan on a self- insured basis in which case the group insurance board shall approve a written description setting forth the terms and conditions of the plan, and may contract directly with providers of hospital, medical or ancillary services to provide insured employees with the benefits provided under this chapter.

SB271,3 Section 3. 40.03 (6) (b) of the statutes is amended to read:

SB271,3,19 40.03 (6) (b) Except as provided in par. (m), may May provide other group insurance plans for employees and their dependents and for annuitants and their dependents in addition to the group insurance plans specifically provided under this chapter. The terms of the group insurance under this paragraph shall be determined by contract, and shall provide that the employer is not liable for any obligations accruing from the operation of any group insurance plan under this paragraph except as agreed to by the employer.

SB271,4 Section 4. 40.03 (6) (m) of the statutes is repealed.

SB271,5 Section 5. 40.51 (9m) of the statutes is created to read:

SB271,4,2 40.51 (9m) Every health care coverage plan offered by the state under sub. (6) and every health care coverage plan offered by the group insurance board under sub. (7) shall, if the health care coverage plan provides maternity coverage, provide coverage for abortion and any other medical services necessary to provide abortion.

SB271,6 Section 6. 40.56 of the statutes is repealed.

SB271,7 Section 7. 46.245 of the statutes is repealed.

SB271,8 Section 8. 48.375 (4) (a) 1. of the statutes is amended to read:

SB271,4,15 48.375 (4) (a) 1. The person or the person’s agent has, either directly or through a referring physician or his or her agent, received and made part of the minor’s medical record, under the requirements of s. 253.10, the voluntary and informed written consent of the minor and the voluntary and informed written consent of one of her parents; or of the minor’s guardian or legal custodian, if one has been appointed; or of an adult family member of the minor; or of one of the minor’s foster parents, if the minor has been placed in a foster home and the minor’s parent has signed a waiver granting the department, a county department, or the foster parent the authority to consent to medical services or treatment on behalf of the minor.

SB271,9 Section 9. 69.186 (1) (hf) of the statutes is amended to read:

SB271,4,22 69.186 (1) (hf) The probable postfertilization age of the unborn child, as defined in s. 253.107 (1) (c), and whether an ultrasound was used to assist in making the determination of postfertilization age of the unborn child, gestational age of the pregnancy or, if the probable postfertilization age of the unborn child gestational age of the pregnancy was not determined, the nature of the medical emergency, as defined in s. 253.10 (2) (d) 253.107 (1) (b).

SB271,10 Section 10. 69.186 (1) (k) of the statutes is amended to read:

SB271,5,2 69.186 (1) (k) If the unborn child is considered to be capable of experiencing pain under s. 253.107 (3) (a), the nature of the medical emergency, as defined in s. 253.10 (2) (d) 253.107 (1) (b), that the pregnant woman had.

SB271,11 Section 11. 253.094 of the statutes is created to read:

SB271,5,8 253.094 Right to abortion. (1) Every individual has the fundamental right to bodily autonomy, which includes the right to access abortion. The state may not prohibit an individual from obtaining an abortion at any time during the pregnancy if an abortion is necessary in the professional judgment of the individual’s medical provider.

SB271,5,13 (2) (a) Except as provided in sub. (1), a law or rule of this state that restricts an individual’s access to abortion is unenforceable if the law or rule does not confer any legitimate health benefit, such as by expanding an individual’s access to health care services or by, according to evidence-based research, increasing the individual’s safety.

SB271,5,18 (b) Any person that is or may be aggrieved by the enforcement of a law or rule passed or promulgated after the effective date of this paragraph .... [LRB inserts date], that violates this subsection may bring an action in state or federal court for injunctive relief or damages against a state or local official who enforces or attempts to enforce such a law or rule.

SB271,12 Section 12. 253.095 of the statutes is repealed.

SB271,13 Section 13. 253.10 of the statutes is repealed and recreated to read:

SB271,5,23 253.10 Requirements for providers of abortion care. (1) All requirements applicable to health care providers are applicable to providers of abortion care.

SB271,14 Section 14. 253.105 of the statutes is repealed.

SB271,15 Section 15. 253.107 (1) (b) of the statutes is amended to read:

SB271,6,4 253.107 (1) (b) “Medical emergency” has the meaning given in s. 253.10 (2) (d) means a condition, in a physician’s reasonable medical judgment, that makes an abortion necessary.

SB271,16 Section 16. 441.07 (1g) (f) of the statutes is repealed.

SB271,17 Section 17. 448.02 (3) (a) of the statutes is amended to read:

SB271,7,2 448.02 (3) (a) The board shall investigate allegations of unprofessional conduct and negligence in treatment by persons holding a license or certificate granted by the board. An allegation that a physician has violated s. 253.10 (3), 448.30 or 450.13 (2) or has failed to mail or present a medical certification required under s. 69.18 (2) within 21 days after the pronouncement of death of the person who is the subject of the required certificate or that a physician has failed at least 6 times within a 6-month period to mail or present a medical certificate required under s. 69.18 (2) within 6 days after the pronouncement of death of the person who is the subject of the required certificate is an allegation of unprofessional conduct. Information contained in reports filed with the board under s. 49.45 (2) (a) 12r., 50.36 (3) (b), 609.17 or 632.715, or under 42 CFR 1001.2005, shall be investigated by the board. Information contained in a report filed with the board under s. 655.045 (1), as created by 1985 Wisconsin Act 29, which is not a finding of negligence or in a report filed with the board under s. 50.36 (3) (c) may, within the discretion of the board, be used as the basis of an investigation of a person named in the report. The board may require a person holding a license or certificate to undergo and may consider the results of one or more physical, mental or professional competency examinations if the board believes that the results of any such examinations may be useful to the board in conducting its investigation.

SB271,18 Section 18. 448.02 (3) (a) of the statutes, as affected by 2023 Wisconsin Act 172, section 4, and 2025 Wisconsin Act .... (this act), is repealed and recreated to read:

SB271,7,24 448.02 (3) (a) The board shall investigate allegations of unprofessional conduct and negligence in treatment by persons holding a license or certificate granted by the board. An allegation that a physician has violated s. 448.30 or 450.13 (2) or has failed to present a medical certification required under s. 69.18 (2) within 21 days after the pronouncement of death of the person who is the subject of the required certificate or that a physician has failed at least 6 times within a 6- month period to present a medical certificate required under s. 69.18 (2) within 6 days after the pronouncement of death of the person who is the subject of the required certificate is an allegation of unprofessional conduct. Information contained in reports filed with the board under s. 49.45 (2) (a) 12r., 50.36 (3) (b), 609.17, or 632.715, or under 42 CFR 1001.2005, shall be investigated by the board. Information contained in a report filed with the board under s. 655.045 (1), as created by 1985 Wisconsin Act 29, which is not a finding of negligence or in a report filed with the board under s. 50.36 (3) (c) may, within the discretion of the board, be used as the basis of an investigation of a person named in the report. The board may require a person holding a license or certificate to undergo and may consider the results of one or more physical, mental or professional competency examinations if the board believes that the results of any such examinations may be useful to the board in conducting its investigation.

SB271,19 Section 19. 457.26 (2) (gm) of the statutes is repealed.

SB271,20 Section 20. 632.8985 of the statutes is repealed.

SB271,21 Section 21. 939.75 (2) (b) 1. of the statutes is amended to read:

SB271,8,6 939.75 (2) (b) 1. An act committed during an induced abortion. This subdivision does not limit the applicability of ss. 940.04, 940.13, 940.15 and 940.16 to an induced abortion.

SB271,22 Section 22. 940.04 of the statutes is repealed.

SB271,23 Section 23. 940.15 (5) of the statutes is repealed.

SB271,24 Section 24. 968.26 (1b) (a) 2. a. of the statutes is amended to read:

SB271,8,16 968.26 (1b) (a) 2. a. Section 940.04, 940.11, 940.19 (2), (4), (5), or (6), 940.195 (2), (4), (5), or (6), 940.198 (2) (b) or (c) or (3), 940.20, 940.201, 940.203, 940.204, 940.205, 940.207, 940.208, 940.22 (2), 940.225 (3), 940.29, 940.302 (2) (c), 940.32, 941.32, 941.38 (2), 942.09 (2), 943.10, 943.205, 943.32 (1), 946.43, 946.44, 946.47, 946.48, 948.02 (3), 948.03 (2) (b) or (c), (3), or (4), 948.04, 948.055, 948.095, 948.10 (1) (a), 948.11, 948.13 (2) (a), 948.14, 948.20, 948.23 (1), (2), or (3) (c) 2. or 3., or 948.30 (1).

SB271,25 Section 25. Nonstatutory provisions.

SB271,8,20 (1) Reference changes. Wherever a reference to s. 253.10 (2) (a) appears in the statutes, the legislative reference bureau shall substitute a reference to s. 69.01 (13m), as it defines the term “induced abortion.”

SB271,26 Section 26. Initial applicability.

SB271,8,24 (1) For policies and plans containing provisions inconsistent with s. 40.51 (9m), s. 40.51 (9m) first applies to policy or plan years beginning on the effective date of this subsection, except as provided in sub. (2).

SB271,9,5 (2) For policies and plans that are affected by a collective bargaining agreement containing provisions inconsistent with s. 40.51 (9m), s. 40.51 (9m) first applies to policy or plan years beginning on the effective date of this subsection or on the day on which the collective bargaining agreement is newly established, extended, modified, or renewed, whichever is later.

SB271,27 Section 27. Effective dates. This act takes effect on the day after publication, except as follows:

SB271,9,8 (1) The repeal and recreation of s. 448.02 (3) (a) takes effect on March 1, 2026.

SB271,9,9 (end)