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Prolife Omnibus Bill

Reforming Michigan Abortion Practices

H.B. 5711 - Rep. Bruce Rendon

Public Act 499 of 2012

H.B. 5712- Rep. Ray Franz

H.B. 5713 - Rep. Deb Shaughnessy

H.B. 5181 - Rep. Margaret O'Brien (tie-barred to package)

Current Status

Governor Rick Snyder signed H.B. 5711 into law on December 28, 2012, making it Public Act 499 of 2012.

After resting on the Senate floor from late-July 2012 until the "lame duck" session in December 2012, the Senate approved an amended version of H.B. 5711 by a vote of 27-10 on December 12, 2012. While there were numerous changes to the details of the "Bus" bill, the only significant alteration was the removal the medical malpractice insurance requirement for abortionists with bad track records. Leaders in the House and Senate could not agree with the governor on the broader question of requiring malpractice insurance for all physicians with bad records, so that provision was removed from H.B. 5711 for later discussion.

On the final day of the legislative session, December 14, the House removed a tie-bar amendment from the Senate version of the bill that linked other related abortion bills to H.B. 5711 (including H.B. 5181 noted above). The Senate agreed to remove the tie-bar, and final approval of the bill was given on December 14. Thus, the only bill given final approval was the omnibus bill, H.B. 5711. The other bills that were not approved have "died" for the 2011-12 legislative session, and would have to be re-introduced in the 2013-14 session.

The Senate Judiciary Committee took up H.B. 5711 on July 26, 2012, and after more than 2 hours of testimony on the bill, voted 3-1 to send the bill to the full Senate.

The House of Representatives voted on June 13, 2012 by a vote of 70-39 in favor of H.B. 5711, the main Prolife Bus bill. The remaining two bills (H.B 5712-5713), portions of which passed the House back in March, have been set aside indefinitely. Further movement on the Pain Capable Unborn Child Protection Act is not expected. Gov. Snyder remains focused on his overall agenda of reforming and reinventing Michigan, with the Prolife Bus focused on reforming practices in the abortion industry.

The House Health Policy Committee reported out H.B. 5711-5713 by votes of 13-5 on June 7, 2012. House Bills 5711-5713 were introduced on May 31, 2012.

Description
H.B. 5711 is the primary bill in the package, a consolidation of 7 previously introduced bills being combined into a single omnibus bill - also referred to as the "Prolife Bus." Here is a brief description of the concepts in the Prolife Bus with the bill numbers of the previously introduced bills accomplishing these objectives individually.

* Coercive Abortion Prevention – screening women seeking abortions for possible coercion to abort, require an anti-coercion sign posted in abortion clinics. (HB 5134 & 5182) The two additional new bills attached to the Bus, HB 5712-13, (HB 4798-99)complete the Coercive Abortion Prevention package by defining coercion to abort as a crime and providing penalties.

* Also included in HB 5713 is the Pain-Capable Unborn Child Protection Act – to prohibit abortions after 20 weeks based on the ability of the unborn child to experience pain by that stage of development. (HB 5543)

* Humane disposition of aborted babies – require bodies of aborted children be buried or cremated. (SB 25 & 54 or HB 4119-4120)

* Prohibit “Webcam” abortions – prohibits prescribing abortion pill by remote consulting over the Internet. (HB 4688/SB 420)

*Abortion clinic licensing – require any abortion clinic or private physician office advertising outpatient abortion services to be licensed as a Freestanding Outpatient Surgical Facility (HB 5522).

* Abortionist malpractice insurance – require abortionists to carry $1 million in malpractice insurance or carry an equivalent bonded surety. (SB 876)

++ The bills regarding coerced abortion are part of a larger package that include amendments to the Penal Code (HB 4799), Code of Criminal Procedure (HB 4798, sentencing guidelines). HB 5181 authorizing a specific cause of action (lawsuit) for coercing abortion is pending in the Senate and is tie-barred to the Bus bill. Thus, three “trailer” bills are required and tie-barred to the omnibus bill to complete the coercive abortion package.

Background

Details on each of the separate bills that have been combined into the Prolife Bus can be reviewed by clicking on the linked bill numbers above or click to see the entire menu of legislation from the 2011-12 session archived here.

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