Planned Parenthood Affiliates of Michigan

1999–2000 SESSION

Indicates bills have been signed into law.

Abandoned Baby Legislation
1 – 3. SB 1052 – 1053 and SB 1187 (Johnson, Emmons, Hammerstrom) – PA 232, 233, 234 of 2000 with effective date of 1/1/2001 – package of legislation dealing with abandoned babies. PPAM supported the concept.

4. HB 5543 (Birkholz) – PA 235 of 2000, effective date of 1/1/01. A bill requires FIA to establish a toll-free telephone number with information about the abandoned baby law. PPAM supported the concept.

5 – 7. HB 5697 – 56 99 (Lockwood & Jacobs) – bills to allow newborns to be left at hospitals with immunity under certain circumstances. Bills are assigned to the House Committee on Family and Civil Law—similar to bills that passed. PPAM supported the concept.

Abortion—Ban on Abortion Procedures
8. SB 546 (Gougeon) – bill signed into law, PA 107 of 1999, amends the Penal Code to add the Infant Protection Act. Right to Life says it bans so-called “partial birth” abortions. PPAM opposes because it could ban all abortions. A lawsuit was filed on February 1, 2000 in U.S. District Court by PPAM and others to block its implementation on March 10, 2000. PPAM opposed it and the companion bill HB 4656. It is currently enjoined by the court. PPAM, PPSM, PPMM, PPSCM and others filed a suit blocking implementation of the so-called “Infant Protection Act” (SB 546 passed in 1999) on February 1, 2000. Judge Arthur Tarnow, U.S. District Court issued a preliminary injunction on March 9, 2000. The Judge said no further action would take place until after the U.S. Supreme Court ruling on a similar law passed by Nebraska. Following the ruling, the Judge set a schedule for briefs, etc. to be filed. Another hearing may be scheduled for January 2001.

9. HB 4656 (Julian) – bill amends the MI Code of Criminal Procedure to say that the sentence for performing a procedure on a live infant with intent to cause death is a maximum of life in prison. Passed the House and Senate and been signed by the Governor, PA 192 of 1999. This bill goes with SB 546 and took effect on March 10, 2000. PPAM opposed.

Abortion - Limit Access to Abortions
10. SB 402 (North) – a bill to amend the income tax act to provide physicians who practice in underserved areas would be eligible for $5,000 income tax break, but they cannot perform abortions. The bill is in the Senate Health Policy Committee. PPAM opposed the restrictions for providers who perform abortions.

11. SB 1111 (McCotter) – a bill that is part of the package to repeal obsolete laws. This current law prohibits publishing and distributing immoral advertising. The bill repeals the prohibition for advertising about the restoration of ‘lost manhood’ or ‘lost vitality or vigor’ but continues to prohibit advertising for the treatment or curing of venereal diseases and abortion. PPAM opposes the current bill and supports the entire law being repealed. The bill is in the Senate Committee on Government Operations.

12. HB 5632 (Mortimer) – a bill that is part of the package to repeal obsolete laws. This current law prohibits publishing and distributing immoral advertising. The bill repeals the prohibition for advertising about the restoration of ‘lost manhood’ or ‘lost vitality or vigor’ but continues to prohibit advertising for the treatment or curing of venereal diseases and abortion. PPAM opposed the current bill and supports the entire law being repealed. The bill was reported by the House Oversight and Operations Committee, but died on House floor.

13. SB 366 (Schwarz) – budget for Civil Service, signed into law, PA 124 of 1999, contains language prohibiting abortion coverage for state employees or their dependents for abortion services. PPAM opposed.

14. SB 368 (North) – budget for Judiciary, signed into law, PA 126 of 1999, contains the provision prohibiting reimbursement for cases dealing with abortion as passed last year. PPAM opposed.

15. SB 1044 (Stille) – budget for K-12, signed into law PA 297 of 2000, and contains language prohibiting abortion coverage for K-12 employees in spite of the Attorney General’s opinion that it is unenforceable. The House added language to ban coverage for viagra and emergency contraception, sec. 169 c. The Senate and House passed a bill without the emergency contraception and viagra language and the bill is enrolled to the Governor. PPAM opposes.

16. HB 4298 (Stamas) – budget for Community Colleges, signed into law, PA 109 of 1999, prohibits health care coverage for community college employees or their dependents for abortion services, other than for a spontaneous abortion or to prevent the death of the woman. It also contains language that says “Community Colleges that include prescription drugs and medications as a covered health benefit for adults are encouraged to ensure that payment for preventive contraceptives are included in the insurance plan.” PPAM opposed the abortion language and supports the contraceptive coverage language.

17. HB 4498 (Jelinek) – budget for K-12, signed into law PA 119 of 1999, and contains language prohibiting abortion coverage for K-12 employees in spite of the Attorney General’s opinion that it is unenforceable. The House added the contraceptive coverage language, Sec. 169c. “A district or intermediate district that includes prescription drugs and medications as a covered health benefit for adults are encouraged to ensure that payment for preventive contraceptives are included in the insurance plan.”—the Senate removed it. PPAM supported contraceptive coverage language and opposed abortion language.

18. HB 5279 (Mortimer) – PA 264 of 2000, with immediate effect. Budget for Judiciary contains the provision prohibiting reimbursement for cases dealing with abortion as passed last year, sec. 312. It also contains language, sec. 323, requiring the state to compile data on how often the judicial bypass is requested and approved for minors to obtain an abortion. PPAM opposes the language.

19. HB 5278 (Pappageorge) – budget for Civil Service as signed does not contain language prohibiting abortion coverage for state employees or their dependents for abortion services, sec. 214, that had been in before. Passed the House and the Senate removed the language. The House and Senate passed a bill without the language and was signed by the Governor, PA 276 of 2000. PPAM opposed the language.

Abortion-Restrictions
20. HB 5548 (Kukuk) – a bill to amend the Mandatory 24-Hour Waiting Period and Informed Consent Law for abortions, PA 133 of 1993. The bill prohibits materials being provided through electronic means, such as e-mail or websites other than the one operated by the state. It also requires information that is mailed to have a return receipt. The bill passed the House. On 9/27/00 the bill was amended and reported out of the Senate Committee on Families, Mental Health and Human Services. The bill passed the Senate with changes, approved by the House, and signed by Governor, PA 345 of 2000. The bill takes effect on March 28, 2001. The 24-Hour Waiting Period/Informed Consent law passed in 1993 was settled in court and was implemented on September 15, 1999. PPAM opposes.

21. HB 4599 (Geiger) – bill to amend the Public Health Code to require physicians’ offices that perform 50 percent or more abortions on their patients annually to be licensed as a freestanding surgical outpatient facility and to add regulations regarding abortion clinics. PPAM opposed. The bill passed the House without immediate effect on 9/23/99, passed the Senate on 12/7/99 and signed by Governor on December 20, 1999 (PA 206 of 1999). Took effect in early March 2000, but rules have to be promulgated. Rules for Clinic Regulation were issued the end of November and now a public hearing will be scheduled.

22. – 23. HB 4600 & HB 4601 (Bisbee, O’Neil) – bills add more information that must reported to the state about abortions and requires transmittal between 30 to 60 days. PPAM opposed. Bills passed the House and Senate and were signed by Governor on December 20, 1999. The bills passed with immediate effect on HB 4601 (PA 207 of 1999) and no immediate effect on HB 4600 (PA 208 of 1999). (PA 206 & PA 208 of 1999 took effect on March 10, 2000 and PA 207 took effect on December 21, 1999.)

Adoption
24. HB 4812 (Switalski) – bill to allow a one time tax credit for costs related to adopting a child. Bill passed House and Senate and was signed by Governor, PA 393 of 2000 with immediate effect. PPAM supports.

25. HB 4852 (Woronchak) – bill to allow a one-time tax credit for costs related to adopting a child. Bill passed House and Senate and was signed by Governor, PA 394 of 2000 with immediate effect. PPAM supports.

26. SB 1198 (DeBeaussaert) – bill to prohibit the selling of anyone less than 16 years of age. Assigned to the Senate Judiciary Committee. PPAM supports. Same as HB 5568.

27. SB 1199 (DeBeaussaert) – penality for selling of anyone less than 16 years of age. Passed House and Senate and bill was signed by Governor, PA 412 of 2000. PPAM supports. Same as HB 5569.

28. HB 5568 (Kukuk) – PA 205 of 2000, effective date of 1/1/01. Substitute bill to prohibit the selling of persons. PPAM supports.

29. HB 5569 (Kukuk) – penalty for selling of anyone less than 16 years of age. Same as SB 1199. PPAM supports.

Burial of Fetus
30. HB 5678 (DeWeese) – bill to require every fetus, regardless of gestational age, to be buried in a cemetery. Bill is assigned to the House Health Policy Committee. PPAM opposes.

31. – 32. HB 5817-5818 (Jellema) – bills to require a prenatal death certificate be issued for fetuses over 20 weeks gestational age and to give a one year tax credit for the birth of such a fetus. The bills were assigned to the House Committee on Tax Policy. At the House Committee, Representative Jansen substituted the tax credit bill to apply to stillbirths at 20 weeks or more. He dropped the death certificate and prenatal death language. As a result, PPAM dropped its opposition to bills and is neutral now. The substitute bill, HB 5818, passed the House and died in the Senate.

Family Planning
33. HB 4299 (Geiger) – budget for Community Health Department, signed into law, PA 114 of 1999, contains the same funding as last year for family planning. PPAM supports an increase in funding. It also has a “gag rule” for agencies receiving pregnancy prevention funds. A new amendment was added that changes the Michigan Abstinence Partnership (MAP) to prioritize funding for agencies that do not provide family planning. PPAM opposed the abortion language and the MAP amendment.

34. HB 5934 (Jansen) – bill to defund Planned Parenthood from the family planning program. Bill is assigned to the House Family and Children Services Committee; hearing was scheduled for November 28 and cancelled. PPAM opposes.

35. HB 5966 (Lipsey) – bill to require physician to obtain from parent, guardian, or person in loco parentis before prescribing medication, ordering a diagnostic test, providing a diagnostic test, or providing medical treatment to a minor. Bill is assigned to the House Health Policy Committee. This would eliminate access to family planning for minors. PPAM opposes.

36. – 38. SB 870, 874, & 875 (Murphy) – a package of bills to amend HMO, insurance and Blue Cross/Blue Shield laws to require policies that provide prescription drug coverage to include coverage for any prescribed drug or device approved by the FDA as a contraceptive. The bills are assigned to the Senate Health Policy Committee. PPAM supports.

39. SB 963 (Gast) – budget for Community Colleges, contains the same language as 1999 prohibiting health care coverage for abortion for employees and their dependents, Sec 230. The bill passed the House and Senate was signed by the Governor, PA 272 of 2000. PPAM opposes this restriction.

40. SB 964 (Gougeon) - budget for Community Health Department, contains the same funding as 1999 for family planning. PPAM supports an increase in funding. It also has a “gag rule” for agencies receiving pregnancy prevention funds. The bill passed the Senate and House and signed by the Governor, PA 296 of 2000.

41. SB 968 (Gast) – supplemental appropriations bill contains the allocation from the federal government of $20 million for lowering the out-of-wedlock births without increasing the number of abortions. The money is put in the Family Independence Agency’s (FIA) budget for this year. The bill passed the Senate and the House and signed by the Governor, PA 291 of 2000. PPAM wanted money allocated for family planning.

Insurance Coverage
42. – 44. SB 645, HB 4828 and SB 794 – a package of bills to prevent insurance to cover abortion except to save the life of the mother. People would have to purchase a separate insurance rider for abortion coverage and to amend the Public Health Code to penalize a licensee or registrant from seeking or accepting reimbursement from an insurer, health maintenance organization or health care corporation for any services related to the performance of an elective abortion unless it is from a separate rider in the insurance coverage. The bills passed the House and Senate but were not signed by the Governor.

45. – 49. HB 4829, HB 4830, HB 4983, SB 646, SB 647 – similar bills to package of insurance bills that passed.

50. – 52. SB 871 – 873 (Murphy) – a package of bills to amend HMO, insurance and Blue Cross/Blue Shield laws to require plans that provide coverage for treatment of or surgery for cervical cancer to cover an annual cervical cancer screening; or treatment of or surgery for prostate cancer shall cover screening and diagnosis of prostate cancer; or to provide coverage for services related to diagnosis, treatment and appropriate management of osteoporosis. The bills are assigned to Senate Health Policy Committee. PPAM supports.

53. – 55. HB 6084 – 6086 (Godchaux, Quarles and Martinez) – bills to require insurance policies to cover contraceptives. The bills are assigned the House Insurance and Financial Services Committee. PPAM supports.

56. – 58. HB 6117 – 6118 (Baird) – bills to require health insurance to cover CA 125 monitoring for ovarian cancer. Assigned to House Committee on Insurance and Financial Services. PPAM supports.

Limiting Access to Courts
59. SB 1170 (Van Regenmorter) – a bill to prohibit civil actions in wrongful birth and wrongful pregnancy cases. A substitute bill was passed by the Senate, passed the House, and was signed by the Governor, PA 423 of 2000. PPAM opposes.

60. HB 5718 (Cameron Brown) – a bill to prohibit civil actions in certain cases related to pregnancy. Bill is assigned to the House Family and Civil Law Committee. PPAM opposes.

Mandatory Reporting For Venereal Disease/Pregnancy
61. HB 4631 (Hart) – a substitute passed the House Committee on Family and Children that requires the Family Independence Agency (FIA) to suspect child abuse and neglect have occurred whenever a child less than 14 years of age is pregnant or has venereal disease and requires all providers to report to FIA. The current age in law is less than 12. The House changed venereal disease to sexually transmitted and changed suspected to confirm. The House passed the bill and it is now in the Senate Committee on Families, Mental Health and Human Services. PPAM opposes.

Marriage License Requirements
62. HB 5029 (Gosselin) – PA 209 of 2000 with effective date of 1/1/01. A bill to amend the MI Public Health Code to remove the requirement for HIV counseling and offering of testing for venereal diseases and HIV infection. PPAM supports.

Refusal to Provide Care
63. HB 5290 (Ehardt) – a bill to establish the right of a health care provider or facility to assert, on a professional, ethical, moral or religious ground, a conscientious object to participating in a health care service. A person who objects must notify in writing the employer of an objection at least 24 hours before the health care service is scheduled. The bill is assigned to the House Committee on Health Policy—two hearings have been held and a substitute proposed. PPAM opposes.

64. SB 1062 (Schuette) – (same as HB 5290) a bill to establish the right of a health care provider or facility to assert, on a professional, ethical, moral or religious ground, a conscientious object to participating in a health care service. A person who objects must notify in writing the employer of an objection at least 24 hours before the health care service is scheduled. The bill is assigned to the Senate Committee on Health Policy. PPAM opposes.

Sexuality Education
65. HB 4695 (Voorhees) – a bill to amend the school code to require school boards that establish a board, council, or other group designed to provide parental input to have the majority of the group be parents from the district and that no school employees hold positions of power on the committees. The bill passed House and is assigned to the Senate Education Committee. PPAM opposes.

66. HB 5094 (Kukuk) – a bill to amend the Revised School Code to specify that teaching about a dangerous communicable disease, reproductive health and sex education could not be done unless the pupil’s parent or legal guardian enrolled the pupil in the class. The bill is assigned to the House Education Committee. PPAM opposes.

Stem Cell Research
67. HR 253 (Van Woerkom) – a resolution memorializing the National Institutes of Health to withdraw proposed guidelines for federally funded research using stem cells. The resolution passed the House on 1/27/00. PPAM opposed.

68. SR 119 (Goschka) – a resolution memorializing the National Institutes of Health to withdraw proposed guidelines for federally funded research using stem cells. The resolution was assigned to the Senate Families, Mental Health and Human Services Committee and passed the Senate on 2/9/00. PPAM opposed.

Women’s Health
69. HCR 111 (Schermesser) – House Concurrent Resolution to urge the Department of Community Health to promote programs to identify and address inequities in the prevention, treatment and research of diseases threatening the health of women. Passed the House Committee on Health Policy and died on the House floor. PPAM supports.

Other News:
The House has established a Select Committee on Strategies to Reduce Teen Pregnancy, HR 119. The committee held an organizational meeting on November 4. Members are: Representatives Howell (chair), Ehart, Kukuk, Kuipers, Voorhees, Rison (Min. Vice Chair), Jacobs, Martinez and Frank. The committee held statewide hearings and issued a final report in December 2000.

The Michigan Abstinence Program voted to disband on May 31, 2000.

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

1/1/2001