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Health Policy, Rep. Julie M. Rogers, Chair
DATE: Wednesday, September 20, 2023
TIME: 9:30 AM
PLACE: Room 519, House Office Building, Lansing, MI
AGENDA:
HB 4949 (Rep. Pohutsky) Health; abortion; reproductive health act; create.
HB 4950 (Rep. Tsernoglou) Health; abortion; public health code; amend to reflect repealed abortion laws.
HB 4951 (Rep. Hope) Criminal procedure; sentencing guidelines; sentencing guidelines and other references to certain abortion crimes; amend to reflect repeal.
HB 4952 (Rep. Rheingans) Health; abortion; born alive infant protection act; amend to reflect repealed abortion laws.
HB 4953 (Rep. Morse) Health; abortion; revised judicature act of 1961; revise to reflect repealed abortion laws.
HB 4954 (Rep. Brabec) School aid; other; the state school aid act of 1979; modify to reflect repealed abortion laws.
HB 4955 (Rep. Price) Health; abortion; occupational code; revise to reflect repealed abortion laws.
HB 4956 (Rep. Rogers) Criminal procedure; expunction; reference to crime of partial birth abortion; remove to reflect repeal.
HB 4957 (Rep. Steckloff) Higher education; other; prohibition on offering referrals for abortion services in pregnant and parenting student services offices; eliminate.
HB 4958 (Rep. Weiss) Human services; medical services; abortion as service provided with public funds to welfare recipient; revise.
HB 4959 (Rep. Grant) Human services; medical services; coverage for abortions; require.
OR ANY BUSINESS PROPERLY BEFORE THIS COMMITTEE
To view text of legislation go to: http://www.legislature.mi.gov/mileg.aspx?page=CommitteeBillRecord
The Grand Rapids Pregnancy Resource Center sent this opposition email dated September 19, 2023. (Quoted in part.)
PRC Grand Rapids and Michigan Coalition for Pregnancy Wellness are speaking out on your behalf, along with others. We have united in opposition to the Reproductive Health Act (House Bills 4949-4959 dated 09/07/2023). The press elease below was issued on
September 14, 2023.LANSING, MI – Today, the Michigan Coalition to Protect a Woman’s Right to Know announced its strong opposition to the Reproductive Health Act (RHA) saying the bills would strip long-standing protections for women and children from Michigan law. The coalition, which draws together more than 10 statewide organizations (listed below) representing millions of citizens, says the RHA was hastily crafted and extends far beyond anything conceived of by any past administration. Passage would present an immediate threat to women and children across our state.
The dangerous RHA package of bills includes repealing Michigan’s informed consent and 24-hour waiting period requirement, removing basic surgical abortion clinic health and safety regulations, and eliminating the legal barrier which prevents taxpayer dollars from funding elective abortions.
These bills run contrary to the will of Michigan voters, as demonstrated by a recent poll from the Market Resource Group.1 Our state legislators are elected to represent the will of Michiganders, not impose a dangerous, ideologically driven agenda on citizens.
• Informed consent and the 24-hour waiting period matter to Michigan citizens. Women have a right to know about medical procedures they are presenting themselves for, including abortions. This is a right that exists for every other medical procedure.2 (Informed consent is supported by 63 percent of Michigan citizens.)
• Women seeking surgical abortion services deserve to receive care in buildings that meet the same basic health codes as all other medical facilities, including hallway widths large enough to accommodate EMS stretchers and first responders in the event of an emergency(Abortion clinic health and safety regulations are supported by 90 percent of Michigan citizens.)
• All human life, including the life of a woman seeking an abortion, has inherent value and is worthy of government protection through basic industry regulations. No other industry is left to regulate itself.
• The use of taxpayer dollars to fund elective abortion violates the conscience rights of those opposed to such procedures and ignores the will of the people.3
We, the undersigned, stand united in firm opposition to the proposed legislation which endangers women and call on our state elected leaders to reject the Reproductive Health Act.
Michigan Coalition for Pregnancy Wellness
Life Matters Worldwide
The Great Lakes Justice Center
She Leads Michigan/Fresh Start for Life
Right to Life of Michigan
Michigan Catholic Conference
Christian Coalition
Citizens for Traditional Values
Protect Life Michigan
Mid-Michigan Women for Conservative Values
Democrats for Life
Life Advancement Group
____________________________________________________________________
1. According to polling data released May 19, 2023, 97% of pro-choice Michigan voters SUPPORT abortion regulations and give “total support [for] health and safety standards”, while 65% give “total SUPPORT [for] 24-hour waiting periods. Source: https://www.micatholic.org/advocacy/news-room/lansing-update/2023/poll-shows-michigan-voters-favor-abortion-regulation/2. Currently, all 50 states in the US have informed consent laws, with the majority including 24 hour or longer waiting periods before an abortion. Michigan would be the first and only state to recklessly abandon this standard of best practice. Source: https://www.guttmacher.org/state-policy/explore/counseling-and-waiting-periods-abortion
3. A majority of 57% of Michigan voters voted to retain the ban on Medicaid-funded abortions the last time the issue was before voters. https://rtl.org/planned-parenthood-requests-repeals
____________________________________________________________________
The Reproductive Health Act is being moved quickly through the House. The House Health Policy Committee held a hearing on September 14. To view the hearing, click here or copy and paste https://www.house.mi.gov/VideoArchivePlayer?video=HHEAL-091423.mp4. Shortly after the hearing, the House Fiscal Agency provided the Legislative Analysis Summary. To read the Legislative Analysis Summary introduced to the House of Representatives on 09/14/2023 from the House Fiscal Agency, click here or copy and paste https://www.legislature.mi.gov/documents/2023-2024/billanalysis/House/pdf/2023-HLA-4949-CFD96288.pdf.
One of the GR PRC's less-known programs is Willing to Wait (W2W).
"As we look forward to the new school year, I praise God for the privilege of teaching our sexual risk avoidance program, W2W Healthy You™, to a record number of 7,548 students this past year! ...
Most of our students are taught within private and public schools. We also engage students, however, within community organizations, our local juvenile detention center, church youth groups, and even summer camps.
When one of our Willing to Wait instructors shared a snapshot of her recent camp experience, I couldn’t help but contemplate the significant impact we have on area youth."
Worth checking out. https://prcforlife.org/about-us/a-word-from-prc/
Bombshell today from the MI House votes!
Policy watchers will recall that Rep. Whitsett (D) has previously bucked her party's line on other issues such as vaccine mandates and COVID treatment.
Salt & Light Global emailed members,
This morning in the Health Policy Committee, Rep. Karen Whitsett voted across party lines in support of life. She and 7 other representatives also tried (unsuccessfully) to amend the Reproductive Health Act to mitigate threats to health and the lives of women and children. While many of the Act's bills did pass out of committee with 11-8 votes recommending adoption, notably, HB 4951, 4952, 4957, 4958, and 4959 did not get passed out of committee-another answered prayer!
Before Legislative Session began, Rep. Whitsett's caucus voted to censure her, but she continues to stand with great courage. She said, "There is hope that Representatives can still think principally and act for themselves!"
The encouraging events of today-Rep. Whitsett's principled position and the fact that all bills were not passed out of committee-are cause for hope. However, we must continue to pray, especially for all the Representatives who are standing for life amid tremendous pressure. The Bi-Partisan opposition to these dangerous bills means that these bills are unlikely to move for a vote on the house floor, and may be defeated, as long as they continue to stand strong.
Detroit News called it yesterday, reporting details and implications of Democrat defections.
Detroit Democrat says she'll vote against key abortion bills, potentially blocking passage
Beth LeBlanc | September 20, 2023 | The Detroit NewsLansing — A Detroit Democrat vowed Wednesday to vote against several key elements of a package of bills repealing regulations on abortion, endangering a priority Democratic Gov. Gretchen Whitmer outlined in a recent policy speech.Rep. Karen Whitsett said she will not support legislation that allows for Medicaid funding of abortions nor will she support repeals of Michigan's 24-hour waiting period and current regulations treating some abortion clinics as surgical outpatient facilities. Any bills tie-barred to those provisions also will get a no-vote, Whitsett said.
Whitsett's unwillingness to support the bills spells trouble in the House, where all 56 Democratic members are required to approve controversial legislation. Without Whitsett or a Republican voting in favor of the change, the bills will fail.
"I will not vote and fund Medicaid abortions, that's not gonna happen," Whitsett said. She added on the state's 24-hour waiting period: "I do not think it is too much to ask when someone's terminating a life, a 24-hour pause to be able to say for sure this is the decision you want to make. 24 hours is not too much."
Whitsett said current regulations for abortion clinics labeled as surgical facilities are reasonable and she worried Medicaid funding for abortions would divert funding from low-income seniors, who are at times “one prescription drug away from any situation.”
The repeal of the ban on Medicaid coverage of abortions would increase state Medicaid costs by between $2 million and $6 million, according to an analysis by the nonpartisan House Fiscal Agency. It's not clear how or if that additional funding would affect senior Medicaid access.
Whitsett said she believes in safe and healthy access to abortion, but believes the rules currently in place still provide that access. The lawmaker said she has been pressured by her caucus to change her vote.
"I didn’t get here to do an easy job," Whitsett said. "I have a district to represent and it’s diverse. People who I have talked to in the community, this is what they want.”
Amber McCann, a spokeswoman for House Speaker Joe Tate, D-Detroit, said Wednesday that Whitsett has "been known to change her mind." Sponsors of the abortion legislation are working with Whitsett to find common ground, McCann said.
"There have been many issues that have come before the House that the speaker has been successful in getting 56 votes for and I don't doubt (Tate's) ability to do that for any item we bring on the board," McCann said.
"I would say that it's a false choice that extending full healthcare to one group of people somehow then diminishes the ability to care for another group of people," McCann added.
Michigan Planned Parenthood Advocates, the political advocacy arm of the abortion provider, on social media called Whitsett's stance a "betrayal" and listed the lawmaker's phone number and email to encourage voters to contact her.
"Every time someone must drive over 7 hours to access abortion, has to reschedule their appointment over a timestamp, or worries over how they will pay, Rep. Whitsett will be responsible," the group said on social media.
Whitmer has endorsed the Reproductive Health Act, signaling specific support in a "What's next" speech last month for the repeal of the 24-hour waiting period. She sent out a statement Wednesday celebrating passage of some of the bills out of committee and urged the Legislature to pass the bills.
"We must ensure that they can access the reproductive health care they need without delay, without paying high costs out of pocket, and without fear of prosecution for experiencing a miscarriage or a stillbirth," Whitmer said in a statement.
Whitsett has been known to ruffle feathers among Democratic colleagues in the past. In the early weeks of the pandemic, Whitsettmet with President Donald Trump and Vice President Mike Penceand credited hydroxychloroquine for saving her life when she had COVID; she was later censured by the 13th Congressional District Democratic Party Organization. The censure led to a lawsuit that was later dropped. About a month before the pandemic, Whitsett told WWJ radio (950 AM) that then-House Minority Leader Christine Greig of Farmington Hills was a racist because she wouldn’t consider an urban agenda for the Democratic caucus.
Health policy passes abortion bills
Whitsett voiced her opposition to the legislation after the House Health Policy Committee voted to move six of 11 bills contained in the Reproductive Health Act from committee. Whitsett was the lone Democratic no-vote on them; on a sixth, Rep. Alabas Farhat passed on the vote.
The proposed legislation would put into state law the constitutional language enshrining abortion access that was approved by voters in November and repealing several regulations they say are in conflict with that access. Supporters have said the legislation repeals rules meant only to impede access to abortion; opponents have said the regulations up for repeal ensure the health of the pregnant woman.
Rep. Julie Rogers, D-Kalamazoo, said she knew Whitsett had concerns about the legislation but was unaware until Wednesday that she intended to vote against all of the bills.
She said Whitsett’s no-vote does not automatically mean the bills will be blocked, noting two Republican lawmakers voted for legislation earlier this year that repealed the state’s 1931 abortion ban.
“It’s on the table as a possibility,” Rogers said of Republican support. She said she couldn’t speak to whether Democrats had any commitments for Republican support.
Rep. Tom Kunse, R-Clare, when asked about the possibility a Republican would peel off to support the bill, responded: "She is mistaken."
"I haven't seen any indication of that," Kunse said Wednesday.
Michigan laws currently prohibit the use of Medicaid funding for elective abortions and mandates private health plans require a rider with an added premium for abortion coverage.
Michigan law requires women seeking an abortion to read through materials on abortion, fetal gestation and potential complications roughly 24 hours ahead of an abortion. They are required to sign a time-stamped attestation to prove they've read the materials. The law also requires physicians to screen women seeking an abortion for signs of coercion.
Michigan building code regulations also require clinics providing more than 120 surgical abortions a year to be licensed as freestanding surgical outpatient facilities, which mandates several stringent benchmarks related to hallway widths, ceiling heights and HVAC standards.
Is it schadenfreude if I say it's delightful to see coalition in a bad cause disintegrate?
The Bridge Michigan update on the drama is available in audio form at the link, which also includes a stunning photo of the woman at the heart of it all.
https://www.bridgemi.com/michigan-government/meet-democrat-blocking-michigan-abortion-bills-she-says-shes-not-alone
Meet the Democrat blocking Michigan abortion bills. She says she’s not alone
Democratic state Rep. Karen Whitsett opposes parts of an abortion rights package backed by Michigan Gov. Gretchen Whitmer and Democratic legislative leadership. (Courtesy)
- Detroit Democrat Karen Whitsett is at odds with party leadership over bills to expand abortion access
- She claims several other Democrats also oppose the legislation, although other House Democrats dispute that
- Whitsett has sided with Republicans — and praised former President Donald Trump — several times while in office
The Detroit Democrat currently blocking abortion rights bills supported by Gov. Gretchen Whitmer has been willing to break rank with her party before — and this time, she claims, she’s not the only one who has concerns.
Rep. Karen Whitsett, a community organizer and activist first elected to the Michigan House in 2018, courted controversy among Democrats by meeting with then-President Donald Trump, voting with Republicans on several key policy matters and supporting a Republican lawmaker over a Democratic challenger during the 2020 election cycle.
Now, she’s in the spotlight again for being the lone Democrat in the House Health Policy Committee this week to vote against the Reproductive Health Act, an 11-bill package of abortion access bills that had been expected to pass through a Legislature with a razor-thin Democratic majority.Whitsett has taken issue with several provisions in the package, most notably: allowing state Medicaid funds to be used for abortions, and repealing a 24-hour waiting period between an abortion consultation and the procedure.
Whitsett told Bridge Michigan she supports the right to an abortion and voted for Proposal 3 — a ballot initiative passed last fall that codified abortion rights in Michigan after the U.S. Supreme Court overturned the federal right to abortion. But she said she believes it’s “not too much to ask” of people seeking abortions to pay for it without Medicaid, and take their time to consider the decision.
She said constituent feedback and her own experience terminating a pregnancy after a sexual assault informed her positions. Perhaps more problematic for her Democratic colleagues: Whitsett said she’s spoken with seven other members of her caucus who share her concerns.
“If it came to the floor right now, the votes aren't there,” Whitsett said.
The rift poses a roadblock for Whitmer and Democrats as they push an aggressive fall agenda and highlights the limitations of the Democratic majority: Without a fully united caucus, a two-seat advantage in the House and Senate may not be enough to get politically divisive legislation to the governor’s desk.
Democrats say they aren’t giving up. Amber McCann, spokesperson for House Speaker Joe Tate, D-Detroit, said Whitsett has “been known to change her mind,” adding that bill sponsors are working to address her concerns.
The main sponsor, Rep. Laurie Pohutsky, D-Livonia, said Whitsett’s estimate of seven other lawmakers standing in opposition “does not reflect the conversations I’ve been having.” But Pohutsky also said her ultimate goal is to “get everyone as comfortable as we possibly can” before taking a floor vote.
Whitsett, who is already facing intense pressure from Planned Parenthood Advocates of Michigan and others to reverse course, said she’s open to discussion, but doesn’t plan to budge on objecting to key aspects of the package.
“I have gone through this process, so I'm not just saying it as an outsider,” Whitsett said. “We're talking about people's mental health, and (getting an abortion) will stick with you forever. I don't care how it transpired, what the situation may be. This will always stick with you.”
Past clashes
Whitsett is a graduate of Cody High School in Detroit and worked in pest control, banking and as a technical advisor at a call center prior to pursuing elected office.
She was also a community organizer who advocated for auto insurance reform and neighborhood improvements, according to her House website. She represents the 4th House District covering parts of Detroit and Dearborn.
Since her first months in office, she’s had a history of publicly clashing with Democratic Party leadership, when she was one of three Democrats to join a then-Republican majority in voting for auto insurance reform legislation.
In early 2020, Whitsett alleged in a radio interview that then-House Democratic Leader Christine Greig had promised to make her life a "living hell" after those votes. Whitsett further claimed that the "climate is racist in Lansing.”
Later that year, during the early months of the COVID-19 pandemic, Whitsett contracted the coronavirus and publicly credited then-President Donald Trump for saving her life by recommending hydroxychloroquine, an unproven and controversial treatment.
Whitsett later flew to D.C. and met with Trump at the White House to thank him for "everything you have done” on COVID, undermining Democratic arguments that the president had done too little.
The visit with Trump resulted in a formal censure by the 13th Congressional District Democratic Party, which said Whitsett had "misrepresented the needs and priorities" of Democratic leaders while "endangering the health, safety and welfare of her constituents.”
Whitsett countered with a lawsuit against Whitmer and 13th District Democrats, accusing them of "engaging in a conspiracy" to defame her and violate her constitutional right to free speech.
She dropped the lawsuit less than a month later but continued to criticize Whitmer and Democratic leaders, later suggesting they "came gunning” for her because she had not sought "permission" from the governor before going to the White House.
"I guess having COVID, they would have preferred I died than still exist," Whitsett said in a March 2021 radio interview. "That is how I felt when they came for me."
Whitsett continued to raise eyebrows by appearing on conservative talk show programs and recording a radio advertisement for then-Rep. Annette Glenn, R-Midland, who in 2020 fended off a challenger Democrats had high hopes for.
Several prominent Democrats, including U.S. Sen. Bernie Sanders of Vermont and U.S. Rep. Rashida Tlaib of Detroit, backed Whitsett’s primary challenger in the 2020 primary. But with the support of Detroit Mayor Mike Duggan, Whitsett held on to win the primary race by 14 percentage points and has continued serving in the Legislature.
With Republicans still in charge last term, Whitsett broke party ranks to join the GOP on several votes, including tax cut legislation, a spending bill that sought to overturn earlier Whitmer vetoes and a Republican-backed law to strip emergency authority from the governor.
After Democrats regained control of the Michigan House by a narrow two-seat majority, Whitsett announced in January that she would back Tate for House Speaker, ending speculation she might diverge from the party again and jeopardize her party’s narrow majority.
Despite the recent disagreements on abortion policy, Whitsett said she’s had no issues working with Tate, noting he and his staff have been “very open and helpful.”
Jonathan Kinloch, chair of the 13th Congressional District Democratic Party who orchestrated Whitsett’s censure, predicted Whitsett will likely face little blowback from House leadership, as they will continue to need her vote in the 56-54 Democratic majority.
Whitsett’s current block on the abortion package, Kinloch said, is partly of Democrats’ “own making.”
He argued Democratic insiders, labor unions and other liberal-leaning organizations backed candidates such as Whitsett and Rep. Dylan Wegela, a Garden City progressive who voted against a $1.5 billion Democrats-backed deal in business incentives.
“They supported people just because they said they could win, instead of supporting people who stand on the principle of supporting issues that are important to Democrats,” Kinloch said.
“It’s like finding an enemy within,” Kinloch told Bridge.
‘All options are on the table’
The ambitious abortion access package that Whitsett currently opposes is the latest effort by legislative Democrats and Whitmer to roll back abortion restrictions currently included in Michigan law.
In addition to allowing Medicaid funding to be used for abortions — a change that would increase state Medicaid costs by $2 million to $6 million a year, according to the nonpartisan House Fiscal Agency — and ending a mandatory 24-hour waiting period for patients under Michigan’s informed consent abortion law, the House and Senate bills would:
- Repeal the “Partial-Birth Abortion Ban Act,” which makes it a two-year felony for doctors to perform a rare medical procedure for late-term pregnancies “that kills the partially delivered living fetus.” The law makes an exception when the mother’s life is in danger.
- Repeal manslaughter penalties associated with abortions
- Repeal some structural requirements for abortion facilities that advocates like Planned Parenthood say are intentionally onerous and designed to “shut down abortion providers and make it more difficult for people to access abortion.”
- Allow universities to refer students to abortion providers
Whitsett said her main concern with the package is that having Medicaid pay for abortions could divert money from an insurance program that seniors in her district rely on for care. She said she’s supportive of keeping the 24-hour waiting period in some capacity and retaining some of the structural standards currently in place for abortion clinics.
“They’re just things that we need to have conversations about,” she said. “I have a responsibility to people. This can’t be undone once this happens. We need to make sure we get it right.”
Sponsors of the legislation said they’re willing to be flexible to get a majority of votes in the chamber — at least to a point.
“I'm willing to try and meet people where they are, but we also need legislation that addresses the problem,” Pohutsky said. “We're having conversations about potential changes that need to be made, but the goal is to get something that is going to increase access. So there's not a whole lot of wiggle room there.”
Most, if not all, House Republicans will likely oppose any iteration of the proposal. But Rep. Julie Rogers, D-Kalamazoo, said she isn’t ruling out the possibility of Republican support.
In March, Reps. Donni Steele, R-Orion Township, and Tom Kuhn, R-Troy, joined House Democrats to repeal a long-dormant 1931 law banning abortions as well as a ban on medicine, drugs or substances that could be used to induce a miscarriage, citing last year’s passage of Proposal 3.
Rogers and Pohutsky said they believe they can get to 56 votes on the current abortion package. As for what changes it might take to get there, Rogers said, “All options are on the table.”
Several Republicans shot down that prediction earlier this week. House Minority Leader Matt Hall, R-Richland Township, said the abortion package has “hit a dead end,” and Rep. Angela Rigas, R-Caledonia, said in a statement she hoped Whitsett’s actions “means this will be the last we hear of this horrible package ever again.”House Republicans have “been absolutely opposed to state-funded abortions," Rigas said. "It's nice to see at least one Democrat found the courage to join us.”
Planned Parenthood Advocates of Michigan, a key supporter of the bills, has ramped up pressure on Whitsett to flip. In a statement, President and CEO Paula Thornton Greear said Whitsett will be “solely responsible” for continued enforcement of abortion restrictions if the package doesn’t pass.
Whitsett said, though, she does not stand alone: other Democratic legislators also have reservations. “I'm just the one who took the vote on the committee,” she said.
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