by Mary Pollock
Legislative Vice President, Michigan National Organization for Women
www.michnow.org
November 15, 2011
96th Legislature
Republicans have a super-majority of 26 of the 38 members in the Michigan Senate. There are only 4 women in the Senate, a fall-off from the previous 9. All Republicans and 2 Democrats in the Senate are anti-choice, plus one Democrat has a mixed voting record on choice. 76 percent of the Senate is anti-choice or mixed.
The Republicans have 63 of 110 House seats, 11 short of a super-majority of 74. There are 27 female representatives, down one from last session. All the Republicans and 8 Democrats are anti-choice; 4 Dems are mixed,34 are pro-choice and one seat is vacant. 68percent of the House are anti-choice or mixed.
Women’s Rights Legislative Agenda
Michigan NOW is following 67 House measures and 56 Senate measuresintroduced in this legislative session directly affecting women’s rights in Michigan. Michigan NOW submitted testimony or a general position on bills that have had hearings (HB 4163, 4109, 4110, 4770 and 4771; SB 25, 54, 55, 135, 137, 160, and 161).
Overview
Since the beginning of 2011, the Republican majority in both houses has:
--- Introduced 29 abortion-restriction measures, passing one which is now law – a ban on “partial-birth” abortion.The Senate has passed a bill that requires health institutions to treat an aborted 10-week or older fetus like a dead body requiring cremation or a funeral (SB 25 and 54).
--- Have tried in numerous ways to expand and promote LGBT discrimination.
--- Enacted an emergency manager law giving broad powers to abrogate vendor and labor union contracts and dismantle the powers of elected bodies in financially stressed school districts and local government, while at the same time the adopted budget reduced the funding to the schools and revenue sharing to communities.
--- Amended the Public Employee Relations Act and other statutes to limit collective bargaining rights.
--- Waged a wholesale attack on public employee compensation and unions, but especially teachers, most of whom are women.
---Hardened the 48-month lifetime limit on welfare cash assistance to families, mostly headed by single women. An asset test for food assistance is in the works.
---Reduced the Earned Income Tax Credit from 20% of the federal EITC to 6%. Affected people are mostly low-income working moms.
--- Enacted a sweeping 82%reduction in business taxes while increasing individual taxes 23%, including a new tax on pensions for those born after 1945.
--- Abolished the item pricing law.
--- With little public input, established a redistricting plan favoring re-election of incumbent Republicans and making some Democrats compete against each other or move.
Michigan Women’s Commission
The MWC has announced that its three priorities will be women veterans, human trafficking, and loans for small women-owned businesses. There will be no legislative committee or program. The MWC has been moved from Lansing to Detroit. The Governor appointed Suzy Avery as Director, replacing Governor Granholm’s appointee, Judy Karandjeff.
Pay Equity Bills
The Senatepay equity bills were introduced on April 26, 2011 and referred to the Senate Committee on Economic Development; the House bills were introduced May 4 and referred to the House Commerce Committee. NOW, AAUW, and LWV representatives from the Equal Pay Day Coalition met with Senator Kowall to inform him about the bills and ask for a hearing.
SB 0340 (Warren), HB 4611 (Bauer) - Strengthening the Elliot Larson Civil Rights Act to make it clear that sex-based wage discrimination is illegal under Michigan law; incorporating the equal pay factors into the ELCRA.
SB 0341 (Whitmer), HB 4613 (Slavens) - Establishes a pay equity study commission to provide technical assistance.
SB 0342 (Warren), HB 4614 ( Brown) - Provides transparency in pay for similarly situated employees.
SB 0343 (Young), HB 4612 (Hovey-Wright) - Increases penalties for wage discrimination based on gender.
HR 52 (Irwin) - A resolution to declare April 12, 2011, as Pay Equity Day in the state of Michigan.Referred to House Commerce Committee.
Prevention First and Women’s Health Bills
The Prevention First Package of 14 bills was introduced in the House on June 23 and later in the Senate. They are:
HB 4805(Hovey-Wright) and 4806 (Segal) Contraceptive Equity to House Health Policy Committee; SB 737, 738 to Senate Insurance Committee
HB 4807 (Irwin) Comprehensive Sex Education to House Health Policy Committee
HB 4808 (Brown) Pharmacy Refusal to House Health Policy Committee; SB 735 to Senate Health Policy Committee
HB 4633 (Smiley) EC in the ER to House Health Policy Committee; SB 736 to Senate Health Policy Committee
HB 4809 (Schmidt, Roy) EC Education to House Health Policy Committee; SB 732 to Senate Health Policy Committee
HB 4810 (Barnett) and HB 4811 (Liss) Pap Smear Coverage to House Health Policy Committee
HB 4812 (Lipton) and HB 4813 (McCann) Infertility Coverage to House Judiciary Committee
HB 4814 (Meadows) Crisis Pregnancy Centers to House Health Policy Committee
HR 106 (Stapleton), SCR 22 (Warren) Women’s Health Resolution to House and Senate Health Policy Committee
HR 107 (Howze) SB 84 (Anderson) the state of Michigan should intensify its efforts to reduce the high rates of teen pregnancies toHealth Policy Committee
HCR 32 (Rutledge) urges the Department of Community Health to promote programs to identify and address inequities in the prevention, treatment, and research of diseases threatening the health of women to House Health Policy Committee.
SR 83 (Warren) memorialize Congress to adopt legislation expressing the sense that national health care reform should ensure that the health care needs of women in the United States are met.
Reproductive Choice Limiting Bills
Thirty-six reproductive freedom-hostile measures have been introduced since the 96th legislative session began in January 2011. The "partial-birth" abortion ban has passed and been signed into law (SB 160 and 161). The Fetal Remains bills, SB 25 and 54, have passed the Senate and are awaiting House Health Policy Committee hearing. A bill establishing more restrictions on pregnant teen judicial by-pass (SB 135) has been reported out of Senate Judiciary Committee and awaits Senate floor action.
SB 13(Jansen)would define a fetus as a person;
HJR HH(McMillin)would put a constitutional amendment on the ballot to establish the right to life of all human beings from the beginningof their biological development including fertilization.
HB 4109(Daley), 4110(Glardon), SB 160(Meekhof), 161(Hansen) bans a late-term abortion procedure abortion opponents call partial-birth abortion.Passed both houses and was signed by the Governor.
HB 4143, 4147 ban abortion coverage in the new health care insurance exchanges required under the federal Affordable Care Act unless a separate optional rider is purchased.
Fetal Remains Bills - HB 4119(Potvin), 4120(Potvin). SB 25 (Jones) ,would amend the Public Health Code to provide that, if a dead fetus that had completed at least 20 weeks of gestation weredelivered in an institution, the person in charge of the institution or his or herrepresentative would have to arrange for the final disposition of the fetus in accordancewith Section 2848 (a section that Senate Bill 54 (S-2) would amend).SB 54(S-2) would amend the Public Health Code to require all fetal remains resulting from abortions to be disposed of by means lawful forother dead bodies, including burial, cremation, or interment. The bill specifies that, if fetal remains resulting from an abortion were disposed of by cremation,they would have to be incinerated separately from other medical waste, but could becremated with products of conception or other fetal remains resulting from abortions.SB 55(Jones) provides that improper disposal of fetal remains is a 3-year felony. The Senate has passed SB 25 and 54; the bills await a hearing in House Health Policy Committee.
SB 51(Marleau) would make research on an embryo, fetus, or neonate after an abortion a felony;
SB 135(Robertson) would make it more difficult for pregnant teens to get a judicial by-pass for an abortion and sets up 22 standards such as grade point average and career plans that a judge must consider. Reported out of Senate Judiciary Committee and awaits full Senate action.
SB 150(Meekhof) would require use of the most technologically advanced ultrasound equipment on site for woman seeking an abortion.
HB 4433(Johnson), SB 313 (Robertson)requires a diagnostic ultrasound at least 2 hours before an abortion and the woman must be given the option to view the active US image, hear the heartbeat, receive a photo and hear an explanation of the image. The US screen must be turned toward the patient. A picture must be kept to verify gestational age and the patient must sign a form to verify the US.
SB 523 (Colbeck), HB 4715 (Hooker)requires an abortion of a fetus at 19 weeks or more to be done in a hospital with a neonatal unit. The only hospital in the UP with one is in Marquette.
SB 420 (Casperson), HB 4688 (Forlini) bans the use of telemedicine for abortions and also requires that emergency contraception be taken in the presence of a doctor.
SB 612, 613 614 (Jansen), HB 4776 (Tyler) prohibits health care professional at health facility or agency from accepting reimbursement from an insurance company, HMO, or health care corporation for an elective abortion except if it was an optional rider.
SB 518 (Hunter)protect the right of a student to assertconscientious objection to providing certain counseling or otherservices; to prohibit certain actions by institutions of highereducation; and to provide remedies.
SB 600 (Colbeck), HB 4824 (LeBlanc) Right to Life License Plate
HB 4798 (Rendon) and HB 4799 (Opsommer)prohibits coercive abortion. Last sentence of the bill defines an unborn child as a live human being.
HB 5134 requires screening of women seeking abortion for coercion and domestic violence. Tie-barred with 4798, 4799.
HR 142 (McMillin) resolution to express support for pregnancy resource centers and to memorialize Congress and other state and federal agencies to support these facilities in a manner that does not compromise their mission or religious integrity
SR 65 (Hunter) resolution to urge Michigan's public universities to adopt policies to protect the rights of students in counseling, social work, or psychology programs who are faced with situations that conflict with their religious beliefs.
SR 66 ( Hunter) resolution to memorialize the President and the United States Congress to enact legislation protecting the rights of conscience of students seeking counseling degrees and licensed professional counselors.
LGBT-Related Measures
Many efforts to restrict domestic partner benefits for government workers have been introduced along with legal action by the Attorney General. The Senate passed a school bullying bill (SB 137) that grabbed national headlines because it was unenumerated and contained a clause to exempt religion-based bullying.
SCR 9 would haveprohibited domestic partner benefits for state employees but it failed to get the super-majority needed to overturn it in the House within the required 60 days.
The Attorney General has sued the Civil Service Commission trying to stop state employee DP benefits, lost in circuit court and has appealed.
SJR O is a resolution to put a constitutional amendment on the ballot to gut the Civil Service Commission’s powers and prohibit DB benefits.
HB 4770 and 4771 to ban domestic partner benefits for public employees passed the House and is now on the Senate floor awaiting a vote.
SB 137 would require school districts to have a policy prohibiting harassment and bulling at school with no enumeration of the protected categories. Michigan NOW opposes the bill because it does not enumerate. On the Senate floor a substitute bill (S-4) was introduced adding this language which effectively gives a license to bully and guts the bill:
(8) This section does not abridge the rights under the First Amendment of the constitution of the United States or under article I of the state constitution of 1963 of a school employee, school volunteer, pupil, or a pupil's parent or guardian. This section does not prohibit a statement of a sincerely held religious belief or moral conviction of a school employee, school volunteer, pupil, or a pupil's parent or guardian.
(9) This section applies only to conduct by a pupil directed at 1 or more other pupils and, except as expressly provided in this section, does not apply to conduct by any other person, including, but not limited to, a school employee, a school volunteer who is not a pupil, or a pupil's parent or guardian.
SB 137 passed with all Republican votes on November 2, 2011. Minority Leader Gretchen Whitmer’s No Vote Statement was posted on YouTube and was covered by national media.