Mississippi Defunding the Abortion Industry Act (SB 2326)
This law was last updated on Apr 21, 2016
SB 2326 would prohibit the use of public funds, whether by direct appropriation by the legislature, by grant funding, by student tuition or fees, or by the use of public facilities, for an abortion or for training to perform an abortion or for family planning services.
The prohibition on the use of public funds for abortion services would not apply if the life of the pregnant patient was in danger.
Prohibition on the Use of Public Funds
The bill would make it unlawful for any person employed by the state, within the scope of the person’s employment, to perform or assist in an abortion. No fund or committee authorized by the state for the special protection of women or children would be authorized to use or distribute public funds for the payment of abortions, abortion referrals, abortion counseling, or abortion-related services. No organization that receives funds authorized or appropriated by the state would be able to use those funds to perform or promote abortions, provide counseling in favor of abortion, or to make referrals for abortions.
The bill would prohibit any public institution, public facility, public equipment, or other physical asset owned, leased, or controlled by the state from being used for the purpose of performing or assisting an abortion.
It would also be unlawful for any public institution or facility to lease or sell its facilities to or property or permit the subleasing of its facilities or property to any physician or health facility for use in the provision or performance of abortion.
Under this bill, no applicant, student, teacher or employee of any public school or university would be required to pay any fees that would, in whole or in part, fund an abortion or insurance coverage for an abortion for any other applicant, student, teacher or employee of that school.
Contracting with Abortion Providers
The bill would prohibit any hospital, clinic, or other health facility owned or operated by the state, a county, a city, or other governmental entity from entering into any contract with any physician or health facility under the terms of which such physician or health facility agrees to provide or perform abortions.
The bill would prohibit public funds from being used for any research project that involves the performance of abortion, human cloning, or prohibited human research.
Any research project that receives an award of public funds would need to maintain financial records that demonstrate strict compliance with this provision.
School-Based Health Clinics
The bill would prohibit any facility operating (or any employee working) on public school property from performing, counseling, or referring for abortion services, or dispensing emergency contraception.
The prohibition of state funding would also apply to any legal fees used to advocate for abortion services, as well as to any family planning service that fails to certify compliance with this provision.