Bill Text: MS SB2620 | 2026 | Regular Session | Introduced
Bill Title: Abortion providers; prohibit public business with.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-02-03 - Died In Committee [SB2620 Detail]
Download: Mississippi-2026-SB2620-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Public Health and Welfare
By: Senator(s) Rhodes
Senate Bill 2620
AN ACT TO PROHIBIT PUBLIC ENTITIES FROM CONDUCTING BUSINESSES WITH ABORTION PROVIDERS, ABORTION ASSISTANCE ENTITIES AND AFFILIATES THERETO; TO DEFINE RELEVANT TERMS; TO BAN PUBLIC ENTITIES FROM PROVIDING LOGISTICAL SUPPORT TO ABORTION PROVIDERS, ABORTION ASSISTANCE ENTITIES AND AFFILIATES TO ASSIST WITH PROCURING AN ABORTION; TO OUTLINE PROHIBITED AND EXEMPTED TRANSACTIONS OF PUBLIC ENTITIES WITH ABORTION PROVIDERS, ABORTION ASSISTANCE ENTITIES AND AFFILIATES; TO PROVIDE PROCEDURE FOR INSTANCES WHERE A TAXPAYER RESOURCE TRANSACTION RESULTS IN A TRANSFER OF PUBLIC FUNDS TO AN INELIGIBLE RECIPIENT; TO PROVIDE CIVIL PENALTIES FOR PUBLIC ENTITIES FOUND IN VIOLATION OF THIS ACT; TO REQUIRE THE STATE BOARD OF MEDICAL LICENSURE TO PROMULGATE RULES NECESSARY TO COMPLY WITH THIS ACT; TO ESTABLISH DAMAGES AMOUNTS FOR INDIVIDUALS AND/OR ENTITIES FOUND GUILTY OF VIOLATING THIS ACT; TO PROHIBIT INSURANCE COVERAGE FOR ELECTIVE ABORTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. For the purpose of this act:
(a) "Abortion" means the use or prescription of any instrument, medicine, drug or any other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.
(b) "Abortion assistance entity" means a person or entity that procures or facilitates a woman's procurement of an abortion by engaging in any of the following acts:
(i) Offering or providing money to pay for, reimburse or offset the cost of obtaining an abortion or the cost incurred by or associated with seeking an abortion, regardless of the location of where the abortion occurred or will occur; or
(ii) Paying for, planning or executing plans for travel accommodations, including transportation, meals, lodging, childcare or more, with the intent of aiding or facilitating the procurement of an abortion.
(c) "Abortion provider" means any person or entity that performs, offers to perform, facilitates the performance of, or knowingly affiliates with a person or entity that performs abortions.
(d) "Affiliate" means a person or entity who enters into a legal relationship with another person or entity, which is governed by at least one (1) written instrument, including, but not limited to, a certificate of formation, a franchise or membership agreement, standards of affiliation, bylaws, a contract or license, which demonstrates:
(i) Common ownership, management or control between the parties to a relationship;
(ii) A franchise granted by the person or entity to the affiliate; or
(iii) The granting or extension of a license or other agreement authorizing the affiliate to use the other person or entity's brand name, trademark, service mark, or other registered identification mark.
(e) "Common ownership, management or control" includes, but is not limited to, any relationship between trade entities that:
(i) Are related as predecessor or successor employers under 28 USC Section 414(a);
(ii) Would constitute a controlled group of corporations within the means of 28 USC Section 414 and 26 USC Section 1563;
(iii) Would constitute trades or businesses, whether incorporated or not, which are under common control under 26 USC Section 414(c);
(iv) Together maintain a multiemployer plan within the meaning of 26 USC Section 414(f);
(v) Would constitute an affiliated service group within the meaning of 26 USC Section 414(m); or
(vi) Are related as one or more leasing organizations and one or more leased employee recipients within the meaning of 28 USC Section 414(n).
(f) "Health care entity" means, but is not limited to, an individual physician, nurse, pharmacist, pharmacy technician, a postgraduate physician program, hospital and a participant in a program of training health professionals.
(g) "Medical emergency" means conditions which, on the basis of the physician's best clinical judgement, pregnancy complications are present that require the immediate abortion of the fetus in order to avert the death of the mother or for which a twenty-four-hour delay will create grave peril of immediate or irreversible loss of major bodily function(s).
(h) "Postgraduate physician training program" includes a residency training program.
(i) "Public entity" means a state agency in the executive, judicial or legislative branches of state government, or individuals or agencies with executive, judicial or legislative authority on the county, city, town, public school district, public hospitals, public colleges or universities, any public hospital district or university that offers a postgraduate physician training program or residency program, or any local political subdivision of this state or agency thereof.
(j) "Taxpayer resource transaction" means a sale, purchase, lease, loan, grant, reimbursement, financial assistance, donation of money, goods, services, transaction involving real property, or any other transaction between a public entity and a private entity that directly or indirectly provides to the private entity something of value derived from state or local tax revenue, regardless of whether the public entity receives something of value in return. The term does not include the provision of basic public services, including fire, and police protection and utilities, by a public entity to an abortion provider or affiliate in the same manner as the entity provides basic public services to the general public. The term includes advocacy or lobbying by or on behalf of a public entity on behalf of interests of an abortion provider or affiliate, but does not include:
(i) An officer or employee of a public entity providing information to a member of the legislature or appearing before a legislative committee at the request of the member or committee;
(ii) An elected official advocating for or against or otherwise influencing or attempting to influence the outcome of legislation pending before the legislature while acting in the capacity of an elected official; or
(iii) An individual speaking as a private citizen on a matter of public concern.
SECTION 2. (1) Except as provided in subsection (3) of this section, a public entity may not, directly or indirectly, enter into a taxpayer resource transaction with:
(a) An abortion provider or an affiliate of an abortion provider; or
(b) An abortion assistance entity, or an affiliate of an abortion assistance entity, for the purpose of providing an abortion or abortion assistance.
(2) A public entity may not spend money to provide to any person, directly or indirectly, logistical support for the purpose of assisting a woman with procuring an abortion or services from an abortion provider. Logistical support includes providing money or aid in securing:
(a) Childcare;
(b) Travel or any form of transportation to or from an abortion provider;
(c) Lodging;
(d) Meals;
(e) Counseling that encourages a woman to have an abortion;
(f) Any form of advertising or promotion of the services of an abortion provider, abortion assistance entity or any other affiliate of an abortion provider. This paragraph includes, but is not limited to, advertisements and promotions that include an abortion provider's:
(i) Name;
(ii) Location;
(iii) Mailing address;
(iv) Website;
(v) Social media account information; or
(vi) Telephone number; or
(g) Any other service that facilitates the provision of an abortion.
(3) This section does not apply to a taxpayer resource transaction entered into or money appropriated or spent by a public entity that is subject to a federal or state law in conflict with subsection (1) of this section, as the State Treasurer and Attorney General confirm in writing. This section shall not apply to advocacy or promotion that consists only of advocacy for abortion or abortion rights without including advertising or promoting the services of a specific abortion provider, abortion assistance entity or any affiliate thereof.
(4) For the purpose of this act, a facility is not considered to be an abortion provider solely based on the performance of an abortion at the facility during a medical emergency.
SECTION 3. (1) Except as provided in subsection (4) of this section, a public entity in this state shall not make a taxpayer resource transaction with any funds under its control to directly or indirectly, prescribe, provide, perform or induce an abortion; assist in the prescription, provision or performance of an abortion; initiate a referral for an abortion; or provide facilities for an abortion or for training to prescribe, provide or perform an abortion. This shall not apply to a taxpayer resource transaction for the purpose of preserving the life of the mother in a medical emergency, to increase the probability of a live birth, to preserve the life and health of the child after live birth or to remove a dead fetus.
(2) A public entity in this state shall not, directly or indirectly, enter into a taxpayer resource transaction with an abortion prescriber, provider or an affiliate of an abortion provider.
(3) A public entity in this state shall not, directly or indirectly, assist in the training of staff, students or any healthcare entity on elective abortions, pursuant to Section 41-41-45. This shall not apply to training to preserve the life of the mother in a medical emergency, to increase the probability of a live birth, to preserve the life and health of the child after live birth or to remove a dead fetus.
(4) A public entity in this state shall not, directly or indirectly, enter into a taxpayer resource transaction with an abortion prescriber, provider, an affiliate of an abortion provider or an abortion assistance entity to implement human sexuality instruction, family planning instruction or use materials provided or prepared by an abortion prescriber, provider, affiliate of an abortion provider or an abortion assistance entity.
(5) This section does not apply to a taxpayer resource transaction that is subject to federal law in conflict with subsection (1) of this section.
SECTION 4. Any public funds disbursed through a taxpayer resource transaction to an eligible individual or entity may not be transferred or given to an individual or entity or used for a purpose that would be ineligible under this act.
SECTION 5. (1) The Attorney General may bring an action against any party, other than the woman who seeks to procure or procures an abortion, to the actual or proposed prohibited transaction, appropriation or expenditure, as applicable, of a public entity that violates or is seeking to violate section (3) of this act.
(2) The Attorney General may recover reasonable attorney's fees and costs incurred in bringing an action under this act.
(3) Sovereign and governmental immunity, as applicable, of a governmental public entity to suit and from liability, is waived to the extent of liability created in Section 11-46-5.
SECTION 6. The State Board of Medical Licensure shall promulgate such rules or enter into such binding agreements with accrediting agencies, as are necessary to comply with this act and the federal Coats-Snowe Amendment.
SECTION 7. (1) Any individual or entity who violates this act may be fined up to Twenty-five Thousand Dollars ($25,000.00) per violation by an individual, and Fifty Thousand Dollars ($50,000.00) per violation by an entity, and/or loss of funding from the public entity if it is knowingly disbursing funds in violation of this act. A recipient of public funds found in violation of this act is required to return all funds to the public entity so it may be disbursed to an eligible recipient.
(2) Any private individual or entity who, acting in good faith or without actual or constructive knowledge that the transaction in issue was a taxpayer resource transaction prohibited by this act, suffers from damage or loss proximately caused in whole or in party by a violation of this act, may bring an action for actual damages, nominal damages, expenses of litigation, court costs, and reasonable attorney's fees against an individual or entity who knowingly violates this act. Recovery under this subsection shall not be available to an individual or entity who acted with actual or constructive knowledge that the transaction in issue was a taxpayer resource transaction.
(3) Any private individual or entity who, acting in good faith and without actual or constructive knowledge that the transaction in issue was a taxpayer resource transaction prohibited by this act, is required to pay a fine or return funds under Section 7(1) of this act, or pay judgement under Section 7(2) of this act, shall have a right to recover any such fines, returned funds or judgements, any other damages arising therefrom, including actual damages, nominal damages, expenses of litigation, court costs, and reasonable attorney's fees, from the abortion provider or abortion assistance entity connected with the transaction.
SECTION 8. (1) This section supersedes any previous law regarding restrictions on the use of public funds for abortion or on taxpayer resource transactions with abortion providers or affiliates of abortion providers. If any current or future law regarding restrictions on the use of public funds for abortion or on taxpayer resource transactions with abortion providers or affiliates of abortion providers conflict with this act, the more restrictive provision shall apply.
(2) This act may not be construed to restrict a municipality or county from prohibiting abortions.
SECTION 9. (1) No insurance contracts, plans or policies delivered or issued for delivery in the state under this act, except policies issued under Chapter 87, shall provide coverage for elective abortions. Nothing in this section shall be construed to prevent coverage for treatment to preserve the life of the mother in a medical emergency, to increase the probability of a live birth, to preserve the life and health of the child after live birth or to remove a dead fetus, or any reason that is an exception to abortion as defined in Section 41-41-45. For any contract, plan or policy issued before the effective date of this act, any coverage provided for services in violation of this act shall be deemed by operation of law to be stricken from the coverage provided thereunder.
(2) Subsection (1) of this section shall be applicable to all contracts, plans and policies subject to this act, except policies under Chapter 87, including, without limitation:
(a) All health insurers subject to this act;
(b) All nonprofit hospitals, medical, surgical, dental and health service corporations subject to this title;
(c) All health maintenance organizations;
(d) The health insurance exchange established within this state or any health insurance exchange administered by the federal government or its agencies within this state; and
(e) State public employee health insurance.
(3) This section shall be applicable only to contracts, plans or policies written, issued, renewed or revised after the effective date of this act.
SECTION 10. This act shall take effect and be in force from and after July 1, 2026.
