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2012 House Bill 5711: Impose more abortion regulations

Public Act 499 of 2012

  1. Introduced by Rep. Bruce Rendon (R) on May 31, 2012, to impose more rigorous state regulations on abortion clinics, including expanded licensure and inspection regimes. Also, to require abortion providers to screen women to ensure they are not being intimidated into having an abortion; prohibit "telemedicine" remote doctor exams to prescribe "morning after pill" abortions; establish that the remains of an aborted fetus are subject to the same laws that apply to the disposition of dead bodies of humans who have been born; and more.
    • Referred to the House Health Policy Committee on May 31, 2012.
      • Reported in the House on June 7, 2012, with the recommendation that the amendment be adopted and that the bill then pass.
    • Amendment offered in the House on June 13, 2012, to revise a detail related to the timing of "informed consent" procedures required under current law. The amendment failed by voice vote in the House on June 13, 2012.
    • Substitute offered by Rep. Gail Haines (R) on June 13, 2012, to adopt a version of the bill that authorizes civil penalties (fines) rather than felony prison penalties for improper disposition of aborted fetus remains, and revises other details. The substitute passed by voice vote in the House on June 13, 2012.
    • Amendment offered by Rep. Lisa Brown (D) on June 13, 2012, to tie-bar the bill to House Bill 4802, meaning this bill cannot become law unless that one does also. HB 4440 would repeal a tort reform law passed in 1995 by allowing product liability lawsuits against drug companies for drugs that have been approved by the U.S. Food And Drug Administration (FDA). The amendment failed by voice vote in the House on June 13, 2012.
    • Amendment offered by Rep. Dian Slavens (D) on June 13, 2012, to tie-bar the bill to House Bills 4805 to 4814, meaning this bill cannot become law unless those ones do also. Those bills are a Democratic package dealing with other human reproduction issues including contraception insurance mandates and public school sex education details. The amendment failed by voice vote in the House on June 13, 2012.
    • Amendment offered by Rep. Kate Segal (D) on June 13, 2012, to strip out a provision imposing rigorous state “freestanding surgical outpatient facility” regulations on more abortion facilities. The amendment failed by voice vote in the House on June 13, 2012.
    • Amendment offered by Rep. Marcia Hovey-Wright (D) on June 13, 2012, to create an exception to the bill's proposed regulations on administering "morning after pills" (abortifacient), if the protocols used have been recognized as "safe and effective" in an unspecified "peer reviewed journal". The amendment failed by voice vote in the House on June 13, 2012.
    • Amendment offered by Rep. Charles Smiley (D) on June 13, 2012, to eliminate a reference to a particular prescription drug used in abortions. The amendment failed by voice vote in the House on June 13, 2012.
    • Amendment offered by Rep. Rashida Tlaib (D) on June 13, 2012, to apply some of the proposed regulations to vasectomy procedures. The amendment failed by voice vote in the House on June 13, 2012.
    • Amendment offered by Rep. Marcia Hovey-Wright (D) on June 13, 2012, to apply some of the proposed regulations to vasectomy procedures. The amendment failed by voice vote in the House on June 13, 2012.
    • Amendment offered by Rep. Stacy Erwin Oakes (D) on June 13, 2012, to require a physician to perform a digital rectal examination and a cardiac stress test before prescribing medication for erectile dysfunction, and impose the same “informed consent” procedures as those proposed by the bill for abortions, and a 24 hour waiting period. The amendment failed by voice vote in the House on June 13, 2012.
    • Amendment offered by Rep. Barb Byrum (D) on June 13, 2012, to impose the same restrictive "life and health of the mother" provisions proposed for abortions on men seeking a vasectomy. The amendment failed by voice vote in the House on June 13, 2012.
    • Amendment offered by Rep. Brandon Dillon (D) on June 13, 2012, to strip out a provision requiring a physician to perform a physical examination rather than an internet web-camera one before prescribing a "medical abortion". The amendment failed by voice vote in the House on June 13, 2012.
    • Amendment offered by Rep. Maureen Stapleton (D) on June 13, 2012, to add a "grandfather" provision exempting exising abortion clinics from a provision imposing more rigorous state “freestanding surgical outpatient facility” regulations, and also give regulators discretion to waive the rquirement for a particular facility. The amendment failed by voice vote in the House on June 13, 2012.
  2. Passed 70 to 39 in the House on June 13, 2012.
    Who Voted "Yes" and Who Voted "No"

  3. Received in the Senate on June 14, 2012.
    • Referred to the Senate Judiciary Committee on June 14, 2012.
      • Reported in the Senate on August 15, 2012, with the recommendation that the bill pass.
    • Substitute offered in the Senate on December 12, 2012, to replace the previous version of the bill with one that revises details but does not change the substance as previously described. The substitute passed by voice vote in the Senate on December 12, 2012.
    • Amendment offered by Sen. Rebekah Warren (D) on December 12, 2012, to tie-bar the bill to House Bills 4805 to 4814, meaning this bill cannot become law unless those ones do also. Those bills are a Democratic package dealing with other human reproduction issues including contraception insurance mandates and public school sex education details. The amendment failed 11 to 27 in the Senate on December 12, 2012.
      Who Voted "Yes" and Who Voted "No"

    • Amendment offered by Sen. Rebekah Warren (D) on December 12, 2012, to change references to "the decision to abort" in the bill's coercion screening and patient communication provisions by adding the phrase, "or continue the pregnancy". The amendment failed 10 to 28 in the Senate on December 12, 2012.
      Who Voted "Yes" and Who Voted "No"

    • Amendment offered by Sen. Rebekah Warren (D) on December 12, 2012, to prohibit vasectomies except when necessary in an emergency to avert a man's death. The amendment failed 10 to 28 in the Senate on December 12, 2012.
      Who Voted "Yes" and Who Voted "No"

    • Amendment offered by Sen. Rebekah Warren (D) on December 12, 2012, to require a physician to perform a digital rectal examination and a cardiac stress test before prescribing medication for erectile dysfunction, and impose the same “informed consent” procedures as those proposed by the bill for abortions, and a 24 hour waiting period. The amendment failed 8 to 30 in the Senate on December 12, 2012.
      Who Voted "Yes" and Who Voted "No"

    • Amendment offered by Sen. Rebekah Warren (D) on December 12, 2012, to apply some of the proposed regulations to vasectomy procedures. The amendment failed 14 to 24 in the Senate on December 12, 2012.
      Who Voted "Yes" and Who Voted "No"

    • Amendment offered by Sen. Rebekah Warren (D) on December 12, 2012, to strip out provisions in the proposed coercion and domestic violence screening protocols that require a provider to "explore safety options with the patient" and to provide law enforcement and domestic violence support group referral information. The amendment failed 10 to 28 in the Senate on December 12, 2012.
      Who Voted "Yes" and Who Voted "No"

    • Amendment offered by Sen. Rebekah Warren (D) on December 12, 2012, to adopt abortion facility regulations that reportedly mirror those imposed by Maryland. The amendment failed 10 to 28 in the Senate on December 12, 2012.
      Who Voted "Yes" and Who Voted "No"

    • Amendment offered by Sen. Rebekah Warren (D) on December 12, 2012, to move back the effective date of the bill until 2014. The amendment failed 11 to 26 in the Senate on December 12, 2012.
      Who Voted "Yes" and Who Voted "No"

    • Amendment offered by Sen. Rick Jones (R) on December 12, 2012, to allow regulators to waive the proposed changes on regulations for "freestanding surgical outpatient facilities." The bill would define abortion clinics as such facilities, which already come under a more rigorous regulatory regime. The amendment passed by voice vote in the Senate on December 12, 2012.
  4. Passed 27 to 10 in the Senate on December 12, 2012, to impose more rigorous state regulations on abortion clinics, including expanded licensure and inspection regimes. Also, to require abortion providers to screen women for ensure they are not being intimidated into having an abortion; prohibit "telemedicine" remote doctor exams to prescribe "morning after pill" abortions; establish that the remains of an aborted fetus are subject to the same laws that apply to the disposition of dead bodies of humans who have been born; and more.
    Who Voted "Yes" and Who Voted "No"

  5. Received in the House on December 12, 2012.
    • Amendment offered by Rep. Dian Slavens (D) on December 14, 2012. The amendment failed by voice vote in the House on December 14, 2012.
    • Amendment offered by Rep. Joan Bauer (D) on December 14, 2012. The amendment failed by voice vote in the House on December 14, 2012.
    • Amendment offered by Rep. Barb Byrum (D) on December 14, 2012. The amendment failed by voice vote in the House on December 14, 2012.
    • Amendment offered by Rep. Barb Byrum (D) on December 14, 2012. The amendment failed by voice vote in the House on December 14, 2012.
    • Amendment offered by Rep. Stacy Erwin Oakes (D) on December 14, 2012. The amendment failed by voice vote in the House on December 14, 2012.
    • Amendment offered by Rep. Rashida Tlaib (D) on December 14, 2012. The amendment failed by voice vote in the House on December 14, 2012.
    • Amendment offered by Rep. Kate Segal (D) on December 14, 2012. The amendment failed by voice vote in the House on December 14, 2012.
    • Amendment offered by Rep. Kate Segal (D) on December 14, 2012. The amendment failed by voice vote in the House on December 14, 2012.
    • Amendment offered by Rep. Jim Stamas (R) on December 14, 2012. The amendment passed by voice vote in the House on December 14, 2012.
  6. Passed 72 to 35 in the House on December 14, 2012, to impose more rigorous state regulations on abortion clinics, including expanded licensure and inspection regimes. Also, to require abortion providers to screen women for ensure they are not being intimidated into having an abortion; prohibit "telemedicine" remote doctor exams to prescribe "morning after pill" abortions; establish that the remains of an aborted fetus are subject to the same laws that apply to the disposition of dead bodies of humans who have been born; and more.
    Who Voted "Yes" and Who Voted "No"

  7. Received in the Senate on December 14, 2012.
  8. Passed 27 to 10 in the Senate on December 14, 2012.
    Who Voted "Yes" and Who Voted "No"

  9. Signed by Gov. Rick Snyder on December 28, 2012.

Comments

Re: 2012 House Bill 5711 (Impose more abortion regulations )  by Judy on December 13, 2012 
Senator Jones' statement is as follows:
I will address the bill at hand, not the other dozen bills that the distinguished leader spoke of from across the
aisle. The bill at hand does not prevent any woman from getting an abortion in the state of Michigan. It does provide
that her clinic will be clean and will be licensed; it will be inspected. We had shocking testimony in the Senate
Judiciary Committee. We had abortion clinics from around Detroit that said, "It's not needed; it doesn't need to be
inspect, We only need to sweep it out about once a week. We don't need scrub sinks"--shocking testimony.
I asked, "Why is it Planned Parenthood clinics are all licensed and you're not?" The owner could not give an
adequate explanation. When I asked "Why do trucks, refrigeration units, show up to pick up late-term abortions?"
That's not done, by the way, in Planned Parenthood. "Why is that? Are babies or body parts being sold in the state of
Michigan? What is going on?" I could not get an adequate explanation. I got a lot of vile language, but you know what? We allowed it in the Senate Judiciary Committee. We allowed
people to use the word "vagina," and we allowed them to have vagina shirts on. We let everybody say anything they
wanted, and then we considered the safety of the women in Michigan. This bill will make the abortion clinics
licensed and clean and they will be inspected.
I will remind you that 87 percent of the women of Michigan want this--87 percent. Even the women who said
they were Democrat and pro-choice, 76 percent want this passed. I can tell you about the seventeen aborted babies in
my district who were thrown in a common garbage dumpster. It was sickening--because the clinic didn't want to pay
for an incineration. They were thrown in bags with their mother's name on them and other credentials, medical
records. In fact, Bill Schuette got them shut down, and the doctors were ordered never ever again to do abortions in
the state of Michigan.
Lastly, this bill provides that the doctor will ask the women before performing this procedure, "Has anybody used
violence or coercion--has anybody dragged you here, forced you to do this?" This is just simply common sense.
Every domestic violence group wants this to happen. Vote for this bill; it's common sense. It will not stop abortions
in the state of Michigan, but it will make them a heck of a lot safer.

Re: 2012 House Bill 5711 (Impose more abortion regulations )  by Judy on December 13, 2012 
Senator Hunter's statement, in which Senator Jansen concurred, is as follows:
I have a quote, and the quote reads as follows: "I call heaven and earth to record this day against you, that I have
set before you life and death, blessing and cursing; therefore choose life that both thou and thy seed may live."
Thank you very much, and I would urge a "yes" vote.

Re: 2012 House Bill 5711 (Impose more abortion regulations )  by Judy on December 13, 2012 
Senators Young, Hunter, Jansen and Jones asked and were granted unanimous consent to make statements and
moved that the statements be printed in the Journal.
The motion prevailed.
Senator Young's statement is as follows:
Madam President, I think it's time. I think the people have spoken. I think that for the sake of this state, we need
to get the government out from underneath women's clothing. I just don't know what could possibly be more
personal or more intimate to a woman than the right to choose.
I'll tell you a personal story about my life. Before I was born, there was a whole lot of hoopla, a lot of contention
and things going on, and my mother was under a whole lot of pressure from a lot of her people. One of those people
called her and said, "You know, you should have an abortion," and my mother said, "Absolutely not, under any
circumstances would I do that."
As you know, the rest is history and I was born. I've talked to my mother about this issue, and I said "Well, you
know, Mom, wouldn't you be more pro-life because people pushed you and you didn't go through with it; you didn't
submit under immense pressure. My father was facing death threats--all kinds of crazy stuff was going on. I can only
imagine the amount of actual pressure my mother was under during that very dark time when she was in the media
every other day. They were sneaking me in and out of houses because I was in danger.
My mother told me that this was a decision that she made, but would she make that for another woman?
Absolutely not. I think that really transformed my own mentality toward this issue. I don't think that the government
should be making decisions for women about their bodies. I think it's wrong. I think it's grotesque. I don't think we
should be doing this. I would urge you and I would urge the rest of my colleagues to let women make this decision
for their bodies and for themselves.

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