HOUSE BILL No. 5934


     June 21, 2000, Introduced by Rep. Jansen and referred to the Committee on Children and Family Services.


        A bill to revise the priority of allocation of funds for

   certain programs and services administered by the department of

   community health; and to prescribe the powers and duties of cer-

   tain state agencies and departments.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 1.  (1) It is the policy of this state for the depart-

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      ment of community health to give priority under this subsection

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      in the allocation of funds through grants or contracts for educa-

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      tional and other programs and services administered by the

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      department and pertaining to family planning.  This subsection

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      applies to grants or contracts awarded to a local agency, organi-

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      zation, or corporation, and to a subdivision, contractee, sub-

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      contractee, or grant recipient of the local agency, organization,

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      or corporation that is considered qualified by the department,




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      and that does not engage in 1 or more of the following

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      activities:

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           (a) Performing elective abortions or allowing the per-

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      formance of elective abortions within a facility owned or oper-

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      ated by the agency, organization, or corporation or by its subdi-

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      vision, contractee, subcontractee, or grant recipient.

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           (b) Referring a pregnant woman to an abortion provider for

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      an elective abortion.

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           (c) Public advocacy promoting the legality or accessibility

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      of elective abortion.

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           (d) Adopting or maintaining a policy that elective abortion

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      is considered part of a continuum of family planning or reproduc-

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      tive health services.

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           (2) Subsection (1) does not apply if the only applicant or

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      group of applicants for a grant or contract described in subsec-

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      tion (1) engages in 1 or more of the activities listed in subsec-

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      tion (1)(a) to (d).

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           (3) As used in this act:

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           (a) "Elective abortion" means the choice of a pregnant woman

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      to undergo a procedure involving the intentional use of an

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      instrument, drug, or other substance or device to terminate a

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      woman's pregnancy for a purpose other than to increase the proba-

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      bility of a live birth, to preserve the life or health of the

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      child after live birth, or to remove a dead fetus.  Elective

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      abortion does not include either of the following:

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           (i) The use or prescription of a drug or device intended as

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      a contraceptive.



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           (ii) The intentional use of an instrument, drug, or other

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      substance or device by a physician to terminate a woman's preg-

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      nancy if the woman's physical condition, in the physician's rea-

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      sonable medical judgment, necessitates the termination of the

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      woman's pregnancy to avert her death.

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           (b) "Public advocacy" means 1 or more of the following:

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           (i) To regularly engage in efforts to encourage the passage

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      or defeat of legislation pertaining to continued or expanded

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      availability of elective abortion.

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           (ii) To publicly endorse or recommend the election or defeat

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      of a candidate for public office based on the candidate's posi-

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      tion on the legality of elective abortion, either directly or

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      through an affiliated political action committee.

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           (iii) To engage in civil litigation against a unit of gov-

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      ernment as a plaintiff seeking to enjoin or otherwise prohibit

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      enforcement of a statute, ordinance, rule, or regulation pertain-

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      ing to elective abortion.























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