SENATE, No. 998
STATE OF NEW JERSEY
211th LEGISLATURE
INTRODUCED FEBRUARY 9, 2004
Sponsored by:
Senator GERALD CARDINALE
District 39 (Bergen)
SYNOPSIS
Requires organization that receives State family planning services funds to be separate from organization that provides abortion services.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning abortion funding and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. An organization that receives State funding for family planning services shall not use any of these funds for the purpose of:
(1) performing, assisting or encouraging a patient to have an abortion;
(2) directly or indirectly subsidizing abortion services or administrative expenses as verified by an independent audit pursuant to section 3 of this act;
(3) directly referring patients for abortions; or
(4) providing payments or grants to an organization or affiliate of an organization that provides or promotes abortions.
b. An organization that receives State funding for family planning services may provide nondirective counseling relating to a pregnancy.
As used in this section "nondirective counseling" means providing comprehensive child care and pregnancy-related information that does not promote or encourage one alternative course of action over another.
2. a. An organization that is otherwise qualified to receive State funds for family planning services shall not be disqualified from receipt of these funds because of its affiliation with an organization that provides abortion services, if the organization that provides abortion services is an independent affiliate that is separately incorporated from the organization that receives State funds for family planning services and meets the conditions set forth in this section.
b. An organization that receives these funds and its independent affiliate that provides abortion services may not share any of the following:
(1) the same or similar name;
(2) facilities, including but not limited to, business offices or treatment, consultation, examination or waiting rooms;
(3) expenses;
(4) employee wages or salaries; or
(5) equipment or supplies, including but not limited to, computers, telephone systems, telecommunication equipment or office supplies.
c. An organization that receives State funds for family planning services shall maintain financial records that demonstrate compliance with this act, including records that demonstrate that its independent affiliate that provides abortion services receives no economic or marketing benefit from these funds.
d. An organization that is not in compliance with the provisions of this act shall not be eligible to receive State funding for family planning services.
3. An independent audit of an organization that receives State funds for family planning services shall be conducted at least once every three years, except that in the case of an organization that has an affiliate that provides abortion services, the independent audit shall be conducted at least annually. The audit shall be conducted by either an independent auditing firm retained by the Department of Health and Senior Services or by an independent auditing firm approved by the department and retained by the organization receiving State family planning services. The department shall assume the costs of the audit.
4. Nothing in this act shall require an organization that receives federal funds pursuant to Title X of the Public Health Services Act to refrain from performing any services required pursuant to Title X, any federal regulations adopted pursuant to Title X, or the Title X Program Guidelines for Project Grants for Family Planning Services as published by the United States Department of Health and Human Services, in order to be eligible to receive State funds for family planning services.
5. This act shall take effect immediately.
STATEMENT
This bill provides that an organization that receives State funding for family planning services shall not use these funds for the following purposes:
--performing, assisting or encouraging a patient to have an abortion;
--directly or indirectly subsidizing abortion services or administrative expenses as verified by an independent audit;
--directly referring patients for abortions; or
--making payments or grants to an organization or affiliate of an organization that provides or promotes abortions.
However, the bill does permit the organization that receives State funding for family planning services to provide nondirective counseling relating to a pregnancy. "Nondirective counseling" is defined in the bill as providing comprehensive child care and pregnancy-related information that does not promote or encourage one alternative course of action over another.
In addition, the bill provides that in order to receive State funding for family planning services, an organization that has an independent affiliate that provides abortion services shall not receive that funding, unless the organization and its independent affiliate do not share any of the following:
--the same or similar name;
--facilities, including but not limited to, business offices or treatment, consultation, examination or waiting rooms;
--expenses;
--employee wages or salaries; or
--equipment or supplies, including but not limited to, computers, telephone systems, telecommunication equipment or office supplies.
Also, an organization that receives State funds for family planning services shall maintain financial records that demonstrate compliance with this bill, including records that demonstrate that its independent affiliate that provides abortion services receives no economic or marketing benefit from these funds. The bill provides for independent audits to be conducted to ensure compliance with the bill, the costs of which shall be assumed by the Department of Health and Senior Services. In addition, the bill provides that an organization that is not in compliance with the provisions of the bill shall not be eligible to receive State funding for family planning services.
Lastly, the bill provides that nothing in this bill shall require an organization that receives federal funds pursuant to Title X of the Public Health Services Act to refrain from performing any services required pursuant to Title X , any federal regulations adopted pursuant to Title X, or the Title X Program Guidelines for Project Grants for Family Planning Services as published by the United States Department of Health and Human Services, in order to be eligible to receive State funds for family planning services.