2001–2002 SESSION

Indicates bills have been signed into law.

1. HB 4165 (Stamas) – bill to give a tax credit bill for stillbirths at 20 weeks or more. The bill was passed by the House Taxation Committee and is on the House floor. PPAM has no position.

2. HB 4253 (Stamas) – the House and Senate passed language in the budget for the community colleges containing language prohibiting employee coverage for abortions, sec. 230. PPAM opposes. Sec. 233 contains language encouraging contraceptives to be covered for community college employees. PPAM supports. The bill was signed by the Governor, PA 52 of 2001 with immediate effect.

3. HB 4254 (Mortimer) – the Michigan Department of Community Health’s budget bill recommended by the Governor allocated $14,902,000 for family planning through two programs, pregnancy prevention ($6,346,100) and family planning local agreements from Title X ($8,555,900). This is a decrease of $850,000 of state funding from the state’s current budget and increase of $455,900 in federal funds. The conference report for the House and Senate contains a federal increase of $293,000 ($8,393,900) and the same as this year for the pregnancy prevention line item, $7,196,100. PPAM supports the increase. Similar language was added as in previous years, but a new section was added, section 1116 states “the department shall give priority in the awarding of contracts for the funds appropriated in part 1 for the pregnancy prevention program to organizations that provide pregnancy prevention services as their primary function and to local health departments.” There is still a gag rule on the pregnancy prevention funds. The bill was signed by the Governor, and he vetoed the $200,000 requested by Rep. Lockwood for new pregnancy counseling centers on college campuses, PA 60 of 2001 with immediate effect.

4. HB 4564 (Lockwood) – the substitute that passed the House establishes programs to keep pregnant and parenting students in community colleges and college. For certain medical services, including family planning, the client is to be referred to the health services on campus. PPAM supports the concept of the legislation. The bill is assigned to the Senate Appropriations Committee.

5. HB 4655 (Jansen) – bill to defund Planned Parenthood from the family planning program. Passed House on December 13, 2001. Bill reported to the Senate Committee on Families, Mental Health and Human Services May 24, 2002, passed Senate on May 2, 2002, signed by Governor, PA 360 of 2002. Takes effect 91 days after the 2002 Legislature ends. PPAM opposed.

6. HB 4750, HB 4751 & HB 4752 (Reeves) – bills to allow direct reimbursement for certified nurse midwives. Bills assigned to the House Insurance and Financial Services Committee and referred to House Health Policy Committee on April 24, 2002. PPAM supports.

7. HB 4759 (Newell) – bill to amend the Michigan Vehicle Code to create “Choose Life” fund. The fund goes to the county in which the plate was purchased to be used by a non-governmental not-for-profit agency or organization that provides services and counseling to women who have unplanned or unwanted pregnancies and is not associated with abortion. The bill is tie-barred to SB 466. The bill passed the House and is in the Senate Committee on Transportation. The Senate added this language on HB 4352, the Ducks Unlimited license plate bill, on second reading, December 10, 2002. The bill died on third reading. PPAM opposes.

8. HB 5011 & HB 5012 (Quarles & Godchaux) – the bills amend the Nonprofit Health Care Corporation Reform Act and the Insurance Code to require insurance policies that provide prescription coverage to include contraceptives without any dollar limit, co-payment, deductible or co-insurance provision that does not apply to prescription coverage generally. The bills are in the House Insurance and Finance Committee. PPAM supports.

9. HB 5073 (Jamnick) – the bill establishes pro-choice fund-raising plate and pro-choice fund. Assigned to House Transportation Committee. PPAM supports.

10. HB 5158 (Ehardt) – the bill allows health care providers and health facilities to have ethical, moral, or religious objection to participating in certain health care services. Assigned to the House Health Policy Committee. PPAM opposes.

11. HB 5578 (C. Brown) – the bill amends the ban on research on a dead embryo or fetus to say a health professional shall not knowingly perform research if it was the result of an abortion. Research can be done if a result of a spontaneous abortion if the mother has consented. Assigned to the House Health Policy Committee.

12. HB 5648 (Godchaux) – the budget for the Judiciary branch of government passed the House with the same language, sec. 312, as the last two years that requires the state to compile data on how often the judicial bypass is requested and approved for minors to obtain abortions. PPAM opposes this language. The bill was signed by the Governor, PA 515 of 2002.

13. HB 5793 (Gosselin) – the bill requires the advisory committees for sexuality education to ensure that a majority of the members of the advisory board are parents. Assigned to the House Committee on Education. PPAM opposes.

14. HB 5897 (Stamas) – the bill provides a conscientious objection for health care professionals. Assigned to the House Health Policy Committee. PPAM opposes.

15. HB 5971 (Vander Roest) - bill to change court decision on 24 hour law and ban prepayment for abortions. Bill assigned to the House Health Policy Committee. May 14, 2002 – substitute reported and passed House on May 29. Passed Senate on December 12, 2002. Signed by Governor Engler on December 31, 2002, PA 685 of 2002. PPAM opposes.

16. HB 5972 (Vander Roest) – bill to remove statute of limitations for personal injuries resulting from an abortion. Assigned to the House Civil Law and Judiciary Committee. PPAM opposes.

17. HB 5973 (Vander Roest) – bill to remove limit for punitive and exemplary damage awards resulting from abortion. Assigned to the House Civil Law and Judiciary Committee. PPAM opposes.

18. HB 5994 (Patterson) – bill to create the “Born Alive Infant Protection Act”. Assigned to the House Family and Children’s Services Committee. Reported by committee on May 8, 2002, passed House. Passed Senate December 12, 2002. Signed by Governor Engler on December 31, 2002, PA 687 of 2002. PPAM opposed.

19. HB 5995 (Birkholtz) – bill to put aborted infants under The Safe Delivery of Newborn Law. Assigned to the House Family and Children’s Services Committee. Reported by committee on May 8, 2002, passed House. Passed Senate December 12, 2002. Signed by Governor Engler on December 31, 2002, PA 688 of 2002. PPAM opposed.

20. HB 5996 (Kuipers) - bill to implement Born Alive Infant Protection Act under Michigan Penal Code. Assigned to the House Family and Children’s Service Committee. Reported by committee to House floor on May 8, 2002, passed House. Passed Senate December 12, 2002. Signed by Governor Engler on December 31, 2002, PA 689 of 2002. PPAM opposed.

21. HB 5997 (Vander Veen) – bill to implement Born Alive Infant Protection Act under Child Protection Law. Assigned to the House Family and Children’s Service Committee. Reported by committee to House floor on May 8, 2002, passed House. Passed Senate December 12, 2002. Signed by Governor Engler on December 31, 2002, PA 690 of 2002. PPAM opposed.

22. HB 5998 (Bovin) – bill to amend the Public Health Code to implement Born Alive Infant Protection Act. Assigned to the House Family and Children’s Service Committee. Reported by committee to House floor on May 8, 2002, passed House. Passed Senate December 12, 2002. Signed by Governor Engler on December 31, 2002, PA 691 of 2002. PPAM opposed.

23. HB 6054 (Vander Veen) – bill to amend the Michigan Merit Award Scholarship Act to allow funding of the Nursing Scholarship Program. Passed House and Senate and signed by Governor, PA 586 of 2002.

24. HB 6154 (Minore) – bill to require medically accurate and age-appropriate sex education. Assigned to the House Education Committee. PPAM supports.

25. HB 6235 (Woodward) – bill to require the department to prepare materials and educate health care professionals about emergency contraception. Assigned to the House Health Policy Committee. PPAM supports.

26. HB 6254 (Scranton) – bill to regulate “crisis pregnancy centers”. Assigned to the House Committee on Family and Children Services on August 13, 2002.

27. HB 6324 (Hummel) – bill to prohibit the MICHILD insurance program to provide contraceptives to minors unless they have parental consent. Assigned to the House Committee on Health Policy, September 17, 2002. PPAM opposes.

28. HB 6326 (Hummel) – bill to allow health care corporations to refuse to provide services based on conscience. Assigned to the House Committee on Insurance and Financial Services, September 17, 2002. PPAM opposes.

29. HB 6336 (Hummel) – bill to allow insurance companies to refuse to provide services based on conscience. Assigned to the House Committee on Insurance and Financial Services, September 18, 2002. PPAM opposes.

30. HR 189 (Vander Roest) – resolution urging public state universities to refrain from conducting research involving human embryonic stem cells. Passed House May 7, 2002. PPAM has no position.

31. HR 354 (Vander Roest) – resolution urging Congress to enact legislation to ban all human cloning. Passed House May 7, 2002. PPAM has no position.

32. SB 70 (VanRegenmorter) & SB 71 (Schuette) – the bills amend the Michigan Penal Code and the Code of Criminal Procedure to add eight new felonies and five new misdemeanors for crimes involving pregnant women by adding “death” of a fetus or embryo. The sponsors say the addition is needed because if the pregnant woman is murdered and a miscarriage or stillbirth doesn’t take place, there is no way to prosecute for the death of the fetus. The laws passed in 1998 already cover crimes that result in a miscarriage, stillbirth or harm to the fetus. Generally, crimes against a pregnant woman causing a miscarriage, stillbirth, or “great bodily harm” to the fetus are a felony and those causing “serious or aggravated physical injury” or “physical injury” to the pregnant woman and the fetus are a misdemeanor. The crimes and penalties include intentional assault, gross negligence, drunk driving and careless or reckless driving. In addition, the current law exempts an act by the pregnant woman, a medical procedure with appropriate consent, the lawful dispensation, and administration or prescription of medication. The bills passed the House and Senate, Governor signed as PA 1 and 2 of 2001 with immediate effect. PPAM opposed.

33. SB 234 (Schwarz) – the House and Senate passed the budget for Civil Service, and it does not contain any language prohibiting abortion coverage for state employees or their dependents. The Governor signed the bill, PA 83 of 2001 with immediate effect. PPAM supported.

34. SB 236 (North) – the budget for the Judiciary branch of government passed the House and Senate with the same language, sec. 312, as last year that requires the state to compile data on how often the judicial bypass is requested and approved for minors to obtain abortions. PPAM opposed this language. The Governor signed the bill, PA 55 of 2001 with immediate effect.

35. SB 346 (Van Regenmorter) – bill to add the same provisions of SB 70 and SB 71, death of the embryo or fetus, to the Revised Judicature Act. The bill was passed by the Senate in September 2000. The House Committee on Civil Law and Judiciary passed the bill on October 12, 2001. The bill was signed by the Governor on April 11, 2002 and takes immediate effect. PPAM opposed.

36. SB 466 (Garcia) – bill amends the Michigan Vehicle Code to require the Secretary of State to develop and issue a "Choose Life" fundraising license plate. The Secretary of State must deposit $25 into the "Choose Life" fund. The bill is in the Senate Committee on Transportation and Tourism. PPAM opposes.

37. SB 580 & SB 582 (Murphy) – the bills amend the Nonprofit Health Care Corporation Reform Act and the Insurance Code to require insurance policies that provide prescription coverage to include contraceptives without any dollar limit, co-payment, deductible or co-insurance provision that does not apply to prescription coverage generally. The bill is in the Senate Health Policy Committee. PPAM supports.

38. SB 793 (Schwarz) – bill to establish a Nursing Scholarship Program, tie-barred to HB 6054. Passed House and Senate, and signed by Governor, PA 591 of 2002.

39. SB 878 (Sanborn) – the bill establishes programs to keep pregnant and parenting students in community colleges and college. For certain medical services, the agency may make referrals. However, referrals for abortion services are prohibited. PPAM supports the concept of the legislation but not the abortion referral prohibition. The bill was assigned to the Senate Committee on Families, Mental Health and Human Services and passed Senate. May 2, 2002 assigned to the House Family and Children Services Committee.

40. SB 930 (DeGrow) – a bill to create the “Michigan Anti-Terrorism Act”. Passed House and Senate. PPAM supports the concept. PA 113 of 2002.

41. SB 1033 (McCotter) – a bill to amend the MI Penal Code to allow marketing of Viagra and similar drugs. However, the law still bans advertising cures for sexual diseases, miscarriage or abortion products. Assigned to the Committee on Government Operations. PPAM opposes.

42. SB 1100 (Gast) – a bill for appropriations. The Senate passed language in the budget for the community colleges containing language prohibiting employee coverage for abortions, sec. 230. PPAM opposes. Sec. 233 contains language encouraging contraceptives to be covered for community college employees. PPAM supports. The Governor signed the bill, PA 161 of 2002.

43. SB 1101 (Gougeon) – a bill for appropriations. The Michigan Department of Community Health’s budget bill recommended by the Governor allocates $9,146,100 for abstinence and pregnancy prevention (state funds) and $8,393,900 for family planning local agreements (federal funds). This is a major change in the state fund line item. Previously pregnancy prevention was a separate line item with $7,196,100. The Senate changed the line item back to pregnancy prevention and allocated $6,346,100 (a decrease of $850,000). The House Appropriations Committee added back $850,000 and kept the separate line items. The House approved. The conference committee cut the line item for pregnancy prevention to $2,851,100 for pregnancy prevention and added language that if a cigarette tax was increased by 30 cents or more on or before September 30, then $3,495,000 is added to pregnancy prevention. The bill passed the House and Senate and was sent to the Governor. Sec. 263. The cigarette tax was increased — this means the program was cut $850,000. PPAM supported a separate line item for pregnancy prevention with increased funding for family planning. The Governor signed the bill, Public Act 519 of 2002. Governor Engler and the Legislature issued an Executive Order cutting pregnancy prevention by $500,000. So far, the funding is $5,846,100 in state funds (18% cut) and $8,393,900 in federal funds.

44. SB 1107 (Stille) – a bill for school aid appropriations. The House and Senate repealed section 166d that restricted school districts from entering into collective bargaining agreements that included abortion services. PPAM supported. PA 191of 2002 signed on April 30, 2002 with immediate effect.

45. SB 1228 (Shuette) – the bill provides a conscientious objection for participating in any health care provision. Assigned to the Senate Health Policy Committee. PPAM opposes.

46. SB 1253 (Gosselin) – bill to change court decision and ban prepayment for abortion. Assigned to the Senate Health Policy Committee. PPAM opposes.

47. SB 1254 (Stille) – bill to provide income tax deduction for certain stillbirths. Assigned to the Senate Finance Committee. PPAM has no position.

48. SB 1270 (Garcia) – bill to create the “Born Alive Infant Protection Act”. Assigned to the Senate Committee on Families, Mental Health and Human Services. PPAM has no position.

49. SB 1271 (Gougeon) – bill to put aborted infants under The Safe Delivery of Newborn Law. Assigned to the Senate Committee on Families, Mental Health and Human Services. PPAM has no position.

50. SB 1272 (Mc Cotter) – bill to implement Born Alive Infant Protection Act under Michigan Penal Code. Assigned to the Senate Committee on Families, Mental Health and Human Services. PPAM has no position.

51. SB 1273 (Bennett) – bill to implement Born Alive Infant Protection Act under Child Protection Law. Assigned to the Senate Committee on Families, Mental Health and Human Services. PPAM has no position.

52. SB 1274 (Miller) – bill to amend the Public Health Code to implement Born Alive Infant Protection Act. Assigned to the Senate Committee on Families, Mental Health and Human Services. PPAM has no position.

53. SB 1323 (Bennett) – bill to amend the Public Health Code to change “fetal death” to “dead infant” and add “prenatal death”. “Prenatal death” means the death of a fetus that has completed at least 20 weeks of gestation or weighs at least 400 grams. Prenatal deaths and dead infants must be reported to the state. PPAM has no position. Passed Senate and House. PA 562 of 2002 with immediate effect November 12, 2002.

54. SR 256 (Sanborn) – a resolution urging Congress to pass H.R. 4965, another so-called "Partial Birth Bill". Assigned to the Senate Committee on Families, Mental Health and Human Services, September 17, 2002. PPAM opposes.

Court Cases
1. The second Michigan so-called Partial Birth Abortion law (PA 107 of 1999) was enjoined. PPAM, PPSM, PPMM, PPSCM, ACLU and others filed a suit blocking implementation of the so-called “Infant Protection Act” on February 1, 2000. Judge Arthur Tarnow, U.S. District Court, issued a preliminary injunction on March 9, 2000. On April 25, Judge Tarnow issued a permanent injunction because there is no “health exception.” The state did not appeal the decision.

2. The Center for Reproductive Law and Policy filed a lawsuit prior to the implementation of the new 24 hour law requirements, PA 345 of 2000. Judge John O’Meara, U.S. District Court, issued a preliminary injunction on March 21, 2001 until April 10, 2001 when a hearing was rescheduled. At the April 10 hearing the parties said they are working on an agreement, and it was noted that the law would probably not take effect until 60 days after certain criteria are reached. Some of the law’s requirements include using a state web site with a confirmation number and receiving the material by registered mail only. On April 19, 2001, a partial settlement in the case was reached. However, the law cannot go into effect until 60 days after the state starts its web site as required in the law. The state put up the web site in June and the new law was supposed to take effect in August — however, it did not because of web site problems. On March 4, 2002, the state web site was revised and posted and the federal district court in Detroit struck down the provision in the law that prohibit requiring immediate payment for “abortion-related” services. The new law took effect May 14, 2002.

Regulatory Affairs
The Department of Consumer and Industry Services has issued rules to implement the clinic regulations passed in 1999. The hearing was held on February 2, 2001. On April 5, 2001 the rules were certified by the Legislative Service Bureau and submitted to the ORR. On April 9, 2001, the rules were certified by ORR. On April 20, 2001 the rule was filed with the Joint Committee on Administrative Rules. The rules were given a Great Seal on May 30, 2001 and went into effect on June 7, 2001. For more information, go to www.michiganlegislature.org.

Highlights of Federal Legislation
1. The budget for the Title X program that was proposed for 2003 by President Bush contains no change in the current level of funding. It contains an increase in the abstinence program; has zero funding for United Nations Family Planning Agency in fiscal year 2002 and 2003. Now under continuation budget until 2003.

2. The Child Custody Protection bill, HR 476, that bans minors crossing state lines to avoid parental consent laws for abortion was reported by the Constitution Subcommittee of the House Judiciary Committee on February 7, 2002 and passed the House on April 17, 2002. PPFA opposes.

3. Health and Human Services Secretary Thompson issued proposed rules to define a “child” under the State Children’s Health Insurance Program (SCHIP) as starting at conception through 19 years of age. PPFA opposes. A much less controversial way could be used to expand eligibility for prenatal and delivery care.

4. Herger bill, HR 4090, contains a provision that would allow the Secretaries of Health and Human Services and Labor to waive any program rule in any program operated through their departments with the exception of Medicaid. This could adversely impact Title X, family planning program. PPFA opposes.

5. Bill to continue abstinence-only education, HR 4122. PPFA opposes.

For more information, go to www.michiganlegislature.org or email us at ppadvocates@ppfa.org.

1/1/2003