2023 House Bill 4949 / Public Act 286

Health: abortion; reproductive health act; create.

An act to list certain constitutional rights related to reproductive freedom; to prohibit the violation of certain rights and provide remedies; to provide for the powers and duties of certain state and local governmental officers and entities; and to repeal acts and parts of acts.

House Fiscal Agency Analysis

House Bills 4949 to 4959 would create a new act and amend several existing acts to revise and repeal provisions of law related to abortion services. In November 2022, Michigan voters approved Ballot Proposal 3, which added section 28 of Article I to the state constitution. Among other things, that section provides that “[e]very individual has a fundamental right to reproductive freedom, which entails the right to make and effectuate decisions about all matters relating to pregnancy, including but not limited to prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care.”

Introduced in the House

Sept. 7, 2023

Introduced by Rep. Laurie Pohutsky (D-17) and 31 co-sponsors

Co-sponsored by Reps. Noah Arbit (D-20), Kara Hope (D-74), Matt Koleszar (D-22), Julie Brixie (D-73), Emily Dievendorf (D-77), Natalie Price (D-5), Carol Glanville (D-84), Christine Morse (D-40), Carrie Rheingans (D-47), Jimmie Wilson (D-32), Penelope Tsernoglou (D-75), Samantha Steckloff (D-19), Tullio Liberati (D-2), Lori Stone (D-13), Veronica Paiz (D-11), Erin Byrnes (D-15), Denise Mentzer (D-61), Kelly Breen (D-21), Phil Skaggs (D-80), Felicia Brabec (D-33), Jason Hoskins (D-18), Jim Haadsma (D-44), Stephanie Young (D-16), Dylan Wegela (D-26), Rachel Hood (D-81), Jennifer Conlin (D-48), Sharon MacDonell (D-56), Jenn Hill (D-109), Kristian Grant (D-82), Regina Weiss (D-6) and Jason Morgan (D-23)

Referred to the Committee on Health Policy

Sept. 20, 2023

Reported without amendment

Nov. 1, 2023

Amendment offered by Rep. Brad Paquette (R-37)

1. Amend page 4, line 7, by striking out all of enacting section 2 and inserting:

“Enacting section 2. This act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:

(a) House Bill No. 4819.

(b) House Bill No. 4950.

(c) House Bill No. 4958.”.

The amendment failed by voice vote

Amendment offered by Rep. Alicia St. Germaine (R-62)

1. Amend page 3, line 29, after “(a)” by striking out “Sections 90h and” and inserting “Section”.

2. Amend page 4, line 1, after “MCL” by striking out “750.90h and”.

The amendment failed by voice vote

Amendment offered by Rep. Jaime Greene (R-65)

1. Amend page 4, line 5, by striking out all of subdivision (d).

The amendment failed by voice vote

Amendment offered by Rep. Ann Bollin (R-49)

1. Amend page 4, line 4, by striking out all of subdivision (c) and relettering the remaining subdivision.

The amendment failed by voice vote

Substitute H-1 offered by Rep. Laurie Pohutsky (D-17)

The substitute passed by voice vote

Passed in the House 56 to 54 (details)

Motion to give immediate effect by Rep. Jimmie Wilson (D-32)

The motion prevailed by voice vote

Received in the Senate

Nov. 2, 2023

Referred to the Committee of the Whole

Nov. 7, 2023

Reported without amendment

Amendment offered by Sen. Thomas Albert (R-18)

1. Amend page 3, line 27, after “(a)” by striking out the balance of the subdivision and inserting “Section 323 of the Michigan penal code, 1931 PA 328, MCL 750.323.”.

The amendment failed 17 to 20 (details)

Passed in the Senate 20 to 17 (details)

Signed by Gov. Gretchen Whitmer

Dec. 11, 2023