2023 Senate Bill 474 / Public Act 209

Health: abortion; public health code; amend to reflect repealed abortion laws and make other abortion-related changes.

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 2690, 2803, 2848, 2854, 9141, 10102, 16221, 16226, 16245, 16299, 17015, and 20115 (MCL 333.2690, 333.2803, 333.2848, 333.2854, 333.9141, 333.10102, 333.16221, 333.16226, 333.16245, 333.16299, 333.17015, and 333.20115), section 2690 as amended by 2016 PA 386, section 2803 as amended by 2020 PA 54, sections 2848, 17015, and 20115 as amended and section 2854 as added by 2012 PA 499, section 9141 as added by 2004 PA 501, section 10102 as amended by 2008 PA 39, section 16221 as amended by 2023 PA 47, section 16226 as amended by 2023 PA 48, section 16245 as amended by 2014 PA 413, and section 16299 as amended by 2020 PA 375; and to repeal acts and parts of acts.

Senate Fiscal Agency Analysis

Senate Bill 474 would amend the Public Health Code to do the following: -- Replace the definition of "elective abortion" with the definition of "abortion" within provisions related to the disposal of fetal remains, among other provisions. -- Delete a prohibition against the DHHS awarding ultrasound equipment grant money if the equipment were to be used in assisting an elective abortion. -- Delete various rule promulgation requirements for rules related to abortions. Additionally, the bill would repeal Sections 2835, 2836, 2837, 17014, 17015, 17015a, 17017, 17515, 17517, and 22224.

Senate Bill 475 would amend the Code of Criminal Procedure to delete sentencing guidelines for violations of disclosing confidential information regarding abortion and performing an abortion resulting in death.

Senate Bill 476 would amend the Born Alive Infant Protection Act to modify the definition of "abortion".

Introduced in the Senate

Sept. 7, 2023

Introduced by Sen. Sarah Anthony (D-21) and 12 co-sponsors

Co-sponsored by Sens. Erika Geiss (D-1), Dayna Polehanki (D-5), Mary Cavanagh (D-6), Veronica Klinefelt (D-11), Sean McCann (D-19), Stephanie Chang (D-3), Sue Shink (D-14), Rosemary Bayer (D-13), Paul Wojno (D-10), Kevin Hertel (D-12), Winnie Brinks (D-29) and Jeff Irwin (D-15)

Referred to the Committee on Housing and Human Services

Oct. 17, 2023

Reported with substitute S-3

Oct. 18, 2023

Referred to the Committee of the Whole

Oct. 19, 2023

Reported with substitute S-3

Substitute S-3 concurred in by voice vote

Amendment offered by Sen. John Damoose (R-37)

1. Amend page 30, line 25, after “2837,” by striking out the balance of the line through “17015a,” on line 26.

2. Amend page 30, line 26, after “17017,” by striking out “17515,”.

3. Amend page 30, line 27, after “333.2837,” by striking out the balance of the line through “333.17015a,” on line 28.

4. Amend page 30, line 28, after “333.17017,” by striking out “333.17515,”.

The amendment failed 18 to 20 (details)

Amendment offered by Sen. Michele Hoitenga (R-36)

1. Amend page 28, line 11, by removing section 20115 from the bill.

2. Amend page 30, line 26, after “17515,” by inserting “and”.

3. Amend page 30, line 26 after “17517” by striking out the comma and “and 22224”.

4. Amend page 30, line 28, after “333.17515,” by inserting “and”.

5. Amend page 30, line 28, after “333.17517,” by striking out the balance of the line through “333.22224,” on line 29.

The amendment failed 18 to 20 (details)

Amendment offered by Sen. Jonathan Lindsey (R-17)

1. Amend page 30, line 25, after “2835,” by striking out “2836,”.

2. Amend page 30, line 27, after “333.2835,” by striking out “333.2836,”.

The amendment failed 18 to 20 (details)

Substitute S-5 offered by Sen. Thomas Albert (R-18)

The substitute failed 18 to 20 (details)

Passed in the Senate 20 to 18 (details)

Received in the House

Oct. 24, 2023

Referred to the Committee on Health Policy

Nov. 1, 2023

Discharged from committee

Amendment offered by Rep. Jamie Thompson (R-28)

1. Amend page 30, line 26, after “17017,” by striking out “17515,”.

2. Amend page 30, line 28, after “333.17017,” by striking out “333.17515,”.

The amendment failed by voice vote

Amendment offered by Rep. Jamie Thompson (R-28)

1. Amend page 30, line 25, after “17014,” by striking out “17015,”.

2. Amend page 30, line 28, by striking out “333.17015,”.

The amendment failed by voice vote

Amendment offered by Rep. Angela Rigas (R-79)

1. Amend page 30, line 26, by striking out “17015a,”.

2. Amend page 30, line 28, after “333.17015,” by striking out “333.17015a,”.

The amendment failed by voice vote

Amendment offered by Rep. Kathy Schmaltz (R-46)

1. Amend page 28, line 11, by removing section 20115 from the bill.

The amendment failed by voice vote

Amendment offered by Rep. Curtis VanderWall (R-102)

1. Amend page 30, line 25, after “Sections” by striking out “2835,”.

2. Amend page 30, line 27, after “MCL” by striking out “333.2835,”.

The amendment failed by voice vote

Amendment offered by Rep. Gina Johnsen (R-78)

1. Amend page 30, line 25, after “2837,” by striking out “17014,”.

2. Amend page 30, line 27, after “333.2837,” by striking out “333.17014,”.

The amendment failed by voice vote

Amendment offered by Rep. Donni Steele (R-54)

1. Amend page 30, line 25, after “2836,” by striking out “2837,”.

2. Amend page 30, line 27, after “333.2836,” by striking out “333.2837,”.

The amendment failed by voice vote

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

The substitute passed by voice vote

Amendment offered by Rep. Kevin Coleman (D-25)

1. Amend page 42, line 27, by removing section 20115 from the bill.

The amendment failed 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

Nov. 7, 2023

Substitute H-1 concurred in 20 to 17 (details)

Signed by Gov. Gretchen Whitmer

Nov. 22, 2023