As Introduced 131st General Assembly Regular Session H. B. No. 294 2015-2016 Representatives Patmon, Conditt Cosponsors: Representatives Brenner, Hood, Terhar, Roegner, Butler, Vitale, Perales, Sprague, Blessing, Becker, Antani, Retherford, Brinkman, Hagan, Koehler, Hayes, Schaffer, Maag, Hambley, Thompson, McClain, Hall, Hill A BILL To enact section 3701.034 of the Revised Code to 1 require the Department of Health to ensure that 2 state funds and certain federal funds are not 3 used either to perform or promote elective 4 abortions, or to contract or affiliate with any 5 entity that performs or promotes elective 6 abortions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 1. That section 3701.034 of the Revised Code be enacted to read as follows: 8 9 Sec. 3701.034. (A) As used in this section: 10 (1) "Affiliate" means an entity that has with another 11 entity a legal relationship created or governed by at least one 12 written instrument that demonstrates any of the following: 13 (a) Common ownership, management, or control; 14 (b) A franchise agreement; 15 (c) The granting or extension of a license or other 16 H. B. No. 294 As Introduced Page 2 agreement that authorizes an entity to use the other entity's 17 brand name, trademark, service mark, or other registered 18 identification mark. 19 (2) "Violence Against Women Act" means section 1910A of 20 section 40151 of the "Violent Crime Control and Law Enforcement 21 Act of 1994," part A of Title XIX of the "Public Health and 22 Human Services Act," 108 Stat. 1920 (1994), former 42 U.S.C. 23 300w, 42 U.S.C. 280b-1b, as amended. 24 (3) "Breast and Cervical Cancer Mortality Prevention Act" 25 means the "Breast and Cervical Cancer Mortality Prevention Act 26 of 1990," 104 Stat. 409 (1990), 42 U.S.C. 300k, as amended. 27 (4) "Infertility prevention project" means the infertility 28 prevention project operated by the United States centers for 29 disease control and prevention. 30 (5) "Minority HIV/AIDS initiative" means the minority 31 HIV/AIDS initiative operated by the office of minority health in 32 the United States department of health and human services. 33 (B) The department of health shall ensure that all funds 34 it receives through the Violence Against Women Act to distribute 35 as grants for the purpose of education and prevention of 36 violence against women are not used to do any of the following: 37 (1) Perform elective abortions; 38 (2) Promote elective abortions; 39 (3) Contract with any entity that performs or promotes 40 elective abortions; (4) Become or continue to be an affiliate of any entity that performs or promotes elective abortions. 41 42 43 H. B. No. 294 As Introduced Page 3 (C) The department shall ensure that all funds it receives 44 through the Breast and Cervical Cancer Mortality Prevention Act 45 for a program to provide breast and cervical cancer screening 46 and diagnostic testing and all federal and state funds that it 47 uses to operate such a program are not used to do any of the 48 following: 49 (1) Perform elective abortions; 50 (2) Promote elective abortions; 51 (3) Contract with any entity that performs or promotes 52 elective abortions; (4) Become or continue to be an affiliate of any entity that performs or promotes elective abortions. (D) The department shall ensure that all materials it 53 54 55 56 receives through the infertility prevention project are not 57 distributed to entities that do any of the following and shall 58 ensure that all funds it uses for treatment associated with the 59 infertility prevention project are not used to do any of the 60 following: 61 (1) Perform elective abortions; 62 (2) Promote elective abortions; 63 (3) Contract with any entity that performs or promotes 64 elective abortions; (4) Become or continue to be an affiliate of any entity that performs or promotes elective abortions. (E) The department shall ensure that all funds it receives 65 66 67 68 through the minority HIV/AIDS initiative to distribute as grants 69 and all other federal and state funds that are part of the 70 H. B. No. 294 As Introduced Page 4 grants distributed under this initiative are not used to do any 71 of the following: 72 (1) Perform elective abortions; 73 (2) Promote elective abortions; 74 (3) Contract with any entity that performs or promotes 75 elective abortions; (4) Become or continue to be an affiliate of any entity that performs or promotes elective abortions. (F) The department shall ensure that all state funds it 76 77 78 79 receives, including funding for infant mortality reduction or 80 infant vitality initiatives, are not used to do any of the 81 following: 82 (1) Perform elective abortions; 83 (2) Promote elective abortions; 84 (3) Contract with any entity that performs or promotes 85 elective abortions; (4) Become or continue to be an affiliate of any entity that performs or promotes elective abortions. 86 87 88