2004
On January 20, State Representative DeRossett introduces House Resolution 189, a resolution asking Congress to fight the FDA’s recommendation that emergency contraception be sold over-the-counter. “Morning-after pills are not birth-control pills. It is an abortion-inducing drug. It is designed to induce abortions within 72 hours of intercourse...,” the resolution states. The resolution is referred to the Committee on Government Operations.

On January 21, House Bill 4478 (S–2), “The Parental Rights Restoration Act,” passes the Senate on a 25–13 vote, but does not have the votes for immediate effect. The substitute (S–2) is concurred in on a 71–34 vote by the House on January 22. The bill strengthens the requirements for a minor seeking a judicial bypass for an abortion. Amendments are offered by Senators Scott, Clark-Coleman, Brater, Cherry and Jacobs, although none are adopted.

On February 3, Senator Kuipers introduces Senate Bill 943, revising the rules around
sexuality education. On February 5, Representative Stahl introduces identical House Bill 5477. The bills require teachers to tell their students to abstain from sex until marriage and how to “say no” to sexual activity. The bills state that instruction in sex education and human immunodeficiency virus infection and acquired immunodeficiency syndrome shall emphasize that abstinence from sexual intercourse is the expected behavioral norm for unmarried people. A lengthy section of additional requirements for instruction has been added to existing law, including teaching “honor and respect for marriage,” “a discussion of the possible emotional and psychological consequences of preadolescent and adolescent sexual activity outside of marriage and the consequences of teenage pregnancy,” and “information clearly informing pupils that having sex or sexual contact with an individual under the age of 16 is a crime punishable by imprisonment and that 1 of the other results of being convicted of this crime is to be listed on the sex offender registry on the internet for at least 25 years.” The bills require that districts’ health education advisory boards must be appointed by the school board, chaired by a parent with a child in the district, and that the majority of the members must also be parents with children in the district. Companion bills (SB 944 and HB 5478) are introduced to require that the Department of Education investigate a complaint if a person in the district believes the district has violated SB 943 or HB 5477. If the allegations are found to be true, the school district forfeits 5% of its state school aid funds. The bills are referred to their respective Committees on Education.

Citing concern for at-risk minors who are victims of violence, and the fact that Michigan already has a parental consent bill, Governor Granholm vetoes HB 4478 on February 6. Governor Granholm says if the legislature was concerned about judge-shopping, they should send a separate bill addressing that issue and she would sign it. On February 24, with a 70–36 vote, the House falls three votes short of the supermajority vote needed to override the veto. House Majority Floor Leader Richardville immediately calls for a reconsideration of the vote, and then passes the issue for the day. State House Speaker Rick Johnson says he would attempt to override the veto again but did not specify when.

SB 943 and SB 944 are voted out of the Senate Education Committee on March 4, after a second hearing.

HR 167 H-1, a resolution to memorialize the Congress of the United States and the Michigan Department of Community Health to develop collaborative relationships with pregnancy care centers in Michigan, is reported out by the House Health Policy Committee on February 17. The substitute asks for the development of collaborative relationships instead of asking for assistance to crisis pregnancy centers, as previous language had. The resolution is adopted by the House on February 24. PPAM opposes the resolution.

On February 23, the University of Michigan Health System files a motion to block a Justice Department subpoena of medical records for use in its defense of the federal ban on so-called “partial-birth” abortion. The Justice Department subpoenaed the records of patients who underwent dilation and extraction abortion procedures performed by Dr. Timothy Johnson at the University of Michigan Hospital. Dr. Johnson, chair of the university’s OB/GYN department, is one of seven plaintiffs challenging the so called “partial-birth abortion” ban.

On March 11, Representative Hoogendyk introduces HB 5637, a bill that creates a matching grant fund for the purchases of ultrasound machines for nonprofit family planning or reproductive health services. Agencies must have less that two machines and not use them for abortion procedures. The matching grants are funded through the Department of Community Health. The bill is referred to the House Health Policy Committee.

On March 12, U.S. District Judge Avern Cohn in Detroit upholds the Justice Department subpoena of the medical records of patients who underwent abortions performed by Dr. Timothy Johnson at the U of M Hospital. Judge Cohn orders Dr. Johnson to review records from the last three years for information on late-term abortions and cases in which the “induction procedure was discussed and not used.” Dr. Johnson must release the records by March 25, and they will be forwarded to U.S. District Judge Richard Casey, who will preside over the New York trial.

On March 25, the House Transportation Committee reports out HB 4680 H-1, a bill to create a “Choose Life” specialty license plate, on an 11–6 vote. Representative Jamnick offers an amendment to create a pro-choice plate, and Representative Steve Tobocman offers an amendment allowing funds to go to any organization providing reproductive health care, but neither is adopted.

On March 23, the House again attempts to override Governor Granholm’s veto of HB 4478. The 68–35 vote falls five votes short. The House does not move to reconsider the measure at a later date. In response, Representative O’Neil on March 30 introduces HB 5715, which would prevent a minor from seeking a waiver of parental consent from another division of family circuit court if the minor has been denied a waiver concerning the same pregnancy by the circuit court in another circuit. If the circumstances of her pregnancy change, she may go back to the original court to request a rehearing of her petition.

House Bills 5006, 5276, 5277 and 5278, a package of bills that permit a health care provider or health facility to refuse to provide or participate in a health care service and allows health insurers, HMOs, and Blue Cross Blue Shield of Michigan to refuse to offer and provide a health care benefit, are reported out of the House Health Policy Committee on March 30. Health facility means facility or agency as defined by the Public Health Code: a private doctor’s office, public or private institution, teaching institution, pharmacy, corporation, partnership, or sole proprietorship that provides a health care service or individual. Representative Ruth Johnson introduces an amendment to exempt contraceptives and birth control devices from the bill. However, Catholic Conference persuades her to remove “devices.” This exemption does not cover emergency contraception.

On April 15, Right to Life submits 460,034 signatures for their abortion ban initiative, nearly 200,000 more than needed to adopt the ban. The Board of Canvassers will take 40–60 days to certify the signatures. Governor Granholm does not have the option to veto this initiative.

On April 29, the full Senate approves SB 943 and 944. The Senate-passed bills are much less stringent than they were as originally introduced, allowing parents to lodge complaints about local compliance with the local school board before going to the state superintendent and reducing the amount of funding the state can withhold as punishment for noncompliance from 5% to 1%. SB 943 is approved on a 30–8 vote and SB 944 is approved 31–7 vote.

On April 21, the House passes HB 5006 and 5276–5278. The bills are referred to the Senate Health Policy Committee.

On April 28, Representative Hummel introduces House Bills 5825 and 5826, a package of legislation requiring purchase of an optional rider for abortion coverage in insurance policies. The bills are referred to the House Insurance Committee. PPAM opposes the bills.

On April 25, The March For Women’s Lives is the largest march in our nation’s history, with over 1.15 million choice supporters in attendance. Approximately 5,000 Michigan citizens are in Washington, D.C., supporting a women’s right to choose.

On May 27, the Michigan Board of Canvassers unanimously validates petitions that could allow the state legislature to enact legislation that would ban abortions at nearly all stages of development. The state board determined that the groups have collected 191,000 more signatures than the 254,206 that state law requires to approve a petition. The bill now returns to the state legislature, where the House and Senate have 40 days to pass it with a majority vote. If lawmakers do not hold a vote on the bill, the issue could be placed on the Nov. 2 ballot. However, legislative leaders say they expect “easy approval” of the measure.

On June 2, SB 943 (H-2) passes the Senate on a 30-6 vote. Sex education is not mandated and there is concern that schools may opt out rather than comply with the new requirements.

On June 9, the House passes HB 5637 on a vote of 84-19 with immediate effect. The bill is referred to the Senate Health Policy Committee.

On September 22, the Senate Health Policy Committee hears testimony on the “Pregnant and Parenting Student Services Act,” Senate Bill 72. The bill would create on-campus offices to meet the needs of pregnant and parenting students. The Department of Treasury would act as a fiduciary for privately donated funding. There is a gag-rule regarding abortion. No action is taken on the legislation.

On September 29, on a 103–2 vote, the House votes out House Bills 4361 and 4362, bills requiring group and nongroup health insurance policies or certificates that provide maternity coverage must provide coverage for services whether performed by a physician or by a nurse midwife acting within the scope of his or her practice, or by both. HB 4361 would amend the Nonprofit Health Care Corporation Reform Act, which applies to Blue Cross and Blue Shield of Michigan. HB 4362 would amend the Insurance Code to apply to health maintenance organizations (HMOs) and to commercial health insurance companies. The Senate had passed the bill with a substitute on September 22. On October 11, Governor Granholm signs the bills, Public Acts 374 and 375 of 2004, with immediate effect.

On November 3, the Senate Health Policy Committee reports out HB 5637 with four “yes” votes and one “pass.” The Committee also reports out SB 72 on a party-line vote.

On November 1, the House Transportation Committee takes testimony on House Bill 6184, a bill to create a pro-choice license plate with proceeds going to Planned Parenthood. Representative Jamnick introduced the bill on September 9, saying that the state had a responsibility to “hear both sides” of such a divisive issue.

On December 1, the House Insurance Committee takes testimony on House Bills 5939–5941. The package prohibits insurance coverage of “elective abortions” unless an optional rider is purchased. This package had been passed by the legislature and vetoed by Governor Engler during the 2000–2001 session.

On December 1, SB 72 is passed by the Senate on a 26–8 vote, with 2 excused and 2 not voting. The bill is referred to the House Committee on Higher Education, where it is promptly passed on December 2.

Also on December 2, HB 5715 passes the House on an 86–5 vote. The bill had been discharged directly to the House floor with no hearing.

Additionally on December 2, Representative Robertson introduces House Bill 6366, an extreme bill outlawing all abortions. Among the more odious and factually incorrect points, the language includes a statement that, “abortion procedures impose significant risks to the health and life of the pregnant mother including, but not limited to, severe depression, suicidal ideation, suicide, attempted suicide, posttraumatic stress disorders, adverse impact in the lives of women, physical injury, and a greater risk of death than risks associated with carrying the unborn child to full term and childbirth.” The bill includes a life sentence for violations. The bill is referred to the House Criminal Justice Committee.

House Bill 5637 passes the Senate with immediate effect, on a 37–0 vote, on December 8. In a compromise, annual state appropriations are eliminated as a means of funding. The House agreed to the amendment 98–1 on December 9, and the bill is ordered enrolled. On December 29, Governor Granholm signs the bill into law with immediate effect, Public Act 501 of 2004. In the final version, a cash match of at least 50% of the grant or other repayment guarantee with a dedicated funding source is required before a grant can be awarded. The monitor must be fully accessible to the pregnant woman to view the ultrasound and she has the right to record the image. The equipment may not be used during the performance of an elective abortion.

On December 9, SB 72 is passed by the House on a 99–0 vote and with immediate effect. The Senate did not give the bill immediate effect. The bill is presented to Governor Granholm on December 15. On December 29, Governor Granholm signs the bill into law, Public Act 500 of 2004. Only four grants are permitted to create the offices in the pilot year.

2005
2006
2007

* Italics indicate federal actions which affect Michigan law

NOTE: Green text indicate the effective date of Michigan Public Acts

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