Wisconsin Senate Bill SB271

Wisconsin 2025-2026 Regular Session

• Introduced: 5/21/25
• Refer: 5/21/25
• Failed: 3/23/26

Caption

An Act to repeal 40.03 (6) (m), 40.56, 46.245, 253.095, 253.105, 441.07 (1g) (f), 457.26 (2) (gm), 632.8985, 940.04 and 940.15 (5); to amend 40.03 (6) (a) 1., 40.03 (6) (a) 2., 40.03 (6) (b), 48.375 (4) (a) 1., 69.186 (1) (hf), 69.186 (1) (k), 253.107 (1) (b), 448.02 (3) (a), 939.75 (2) (b) 1. and 968.26 (1b) (a) 2. a.; to repeal and recreate 253.10 and 448.02 (3) (a); to create 40.51 (9m) and 253.094 of the statutes; Relating to: right to bodily autonomy, elimination of certain abortion-related regulations, and coverage of abortion under certain health care coverage plans. (FE)

Summary

SB271 would establish a statutory right to bodily autonomy that expressly includes access to abortion. It would prohibit the state from barring an abortion when, in the medical provider’s professional judgment, the procedure is necessary, and it would make unenforceable any state law or rule restricting abortion access that does not confer a legitimate health benefit. The bill also creates a private right of action allowing an aggrieved person to seek injunctive relief or damages against state or local officials who enforce or attempt to enforce a law or rule that violates the new standard. The bill would substantially revise Wisconsin’s abortion-related statutes by repealing several existing restrictions and criminal provisions, including informed-consent requirements specific to abortion beyond ordinary medical informed consent, the 24-hour waiting-period framework, the admitting-privileges requirement, the in-person physical-exam requirement for abortion-inducing drugs, and the prohibition on abortion coverage in certain exchange plans. It would also repeal statutes tied to criminal penalties for third parties who intentionally destroy the life of an unborn child or intentionally perform an abortion if not a physician, while leaving other abortion-related limits in place, such as the general viability restriction and homicide laws. In addition, it would require state and certain public employee health plans that cover maternity care to also cover abortion and medically necessary services related to abortion. The bill’s impact on state law would be broad and structural. It would amend or repeal multiple provisions in chapters governing insurance, public employee benefits, vital records, medical practice, and criminal law, and it would direct conforming reference changes throughout the statutes. It would also apply the new coverage mandate to state and Group Insurance Board plans, including plans offered by local governmental employers through the group insurance system, subject to collective bargaining timing rules. The repeal and recreation of the medical-board discipline provision would take effect later than most other sections, on March 1, 2026. The overall sentiment reflected in the bill’s sponsorship is strongly supportive of abortion access and reproductive rights, as shown by the large number of Democratic senators and representatives listed as authors and cosponsors. However, the bill ultimately failed to pass pursuant to Senate Joint Resolution 1, indicating that it did not secure the necessary legislative support. No committee transcript or recorded vote details were provided, so the available context shows sponsorship enthusiasm but no formal evidence of bipartisan backing or negotiated compromise. The main points of contention are likely to be the bill’s elimination of abortion-specific regulations, its creation of a constitutional-style statutory right to abortion access, and its insurance coverage mandate for public plans. Opponents would likely focus on the repeal of waiting periods, informed-consent rules, criminal penalties, and provider restrictions, as well as the bill’s potential to override existing abortion limits unless they can be justified as conferring a legitimate health benefit. Supporters, by contrast, would emphasize access, patient autonomy, and the removal of restrictions they view as unnecessary or medically unsupported.

Impact

SB271 would significantly alter Wisconsin statutes by repealing or narrowing multiple abortion-related restrictions and by creating an affirmative statutory right to bodily autonomy that includes abortion access. It would also require abortion coverage in certain state and public employee health plans that cover maternity care, while preserving some existing limits such as the viability restriction and general homicide laws. The bill would affect patients, abortion providers, insurers, public employers, and state and local officials responsible for enforcement.

Sentiment

The bill appears to have been introduced with strong support from a large bloc of Democratic lawmakers and aligned cosponsors, suggesting a clear pro-choice and reproductive-rights orientation. At the same time, its failure to pass indicates insufficient legislative support to enact the proposal. Because no committee discussion or vote record was provided, the available sentiment is best characterized as strongly supportive among sponsors but ultimately unsuccessful in the broader legislature.

Contention

The most contentious provisions are the creation of a broad right to abortion access, the standard that makes abortion restrictions unenforceable absent a legitimate health benefit, and the repeal of abortion-specific informed-consent, waiting-period, provider, and criminal provisions. Coverage mandates for public employee health plans and exchange-related insurance rules are also likely to be disputed. Supporters would argue these changes protect patient autonomy and access to care, while opponents would likely argue they remove safeguards, expand public funding or coverage for abortion, and weaken existing state limits.