SB0474: SUMMARY AS PASSED BY THE SENATE (Date Completed: 10-30-23) - ABORTION SERVICES

ABORTION SERVICES S.B. 474 (S-3)-477 (S-1), & 593:

SUMMARY AS PASSED BY THE SENATE

 

 

 

 

 

 

Senate Bill 474 (Substitute S-3 as passed by the Senate)

Senate Bill 475 (Substitute S-1 as passed by the Senate)

Senate Bill 476 (Substitute S-1 as passed by the Senate)

Senate Bill 477 (Substitute S-1 as passed by the Senate)

Senate Bill 593 (as passed by the Senate)

Sponsor: Senator Sarah Anthony (S.B. 474)

Senator Stephanie Chang (S.B. 475)

Senator Erika Geiss (S.B. 476 & S.B. 593)

Senator Mary Cavanagh (S.B. 477)

Committee: Housing and Human Services

 

Date Completed: 10-30-23

 


INTRODUCTION

 

The bills would amend, repeal, or codify provisions related to abortion in various acts. Senate Bill 474 (S-3) would repeal several sections of the Public Health Code governing pre-abortion screenings and post-abortion reporting requirements, among others. It also would delete rulemaking requirements of the Department of Health and Human Services (DHHS) related to freestanding surgical outpatient facilities providing abortions. Senate Bill 475 (S-1) would delete sentencing guidelines related to felonies for violations of some of those repealed sections, among other felony violations. Senate Bill 477 (S-1) would delete a provision prohibiting a pregnant and parenting student services office at an institution of higher education from providing referrals for abortion services. Senate Bill 593 would largely codify Section 28 of Article I of the State Constitution of 1963 (see BACKGROUND).

 

BRIEF RATIONALE

 

The passage of Proposal 22-3, which enshrined the individual right to reproductive freedom in the Michigan Constitution, invalidated State laws that conflicted with the Proposal's amendments. According to testimony before the Senate Committee on Housing and Human Services, there are still barriers to reproductive healthcare that exist, and it has been suggested that various State laws be amended or repealed to agree with the Proposal's provisions.

 

BRIEF FISCAL IMPACT

 

The bills likely would have an indeterminate, minor fiscal impact on State government. The repeal of the certificate of need exception under Senate Bill 474 (S-3) could result in increased fee revenue and decreased administrative costs for the DHHS. Senate Bill 593 could result in a potential increase in litigation costs for the Attorney General but also could increase civil filing fee revenue that supports various State departments. It also could result in fewer arrests and convictions, which would reduce costs for State and local governments in relation to law enforcement, courts, and corrections facilities. Local health departments could lose funding due to the loss of grant award priority, but the fiscal impact on any given unit likely would be of moderate magnitude.

 

MCL 333.2690 et al. (S.B. 474) Legislative Analyst: Eleni Lionas

762.10d et al. (S.B. 475) Fiscal Analyst: Ellyn Ackerman

333.1071 (S.B. 476) Elizabeth Raczkowski

390.1595 (S.B. 477) Michael Siracuse; Josh Sefton


CONTENT

 

Senate Bill 474 (S-3) 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 (S-1) 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 (S-1) would amend the Born Alive Infant Protection Act to modify the definition of "abortion".

 

Senate Bill 477 (S-1) would amend the Pregnant and Parent