2007 Senate Bill 776 (Ban partial birth abortion )

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Introduced by Sen. Cameron Brown (R) on September 17, 2007, to prohibit “partial birth abortions” as defined in the bill, unless in a physician's reasonable medical judgment a partial-birth abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury. The bill does not specify a "health of the mother" exception. Violation would be subject the abortion provider (but not the mother) to up to two years in prison and a $50,000 fine.
- Referred to the Senate Health Policy Committee on September 17, 2007.
  - Reported in the Senate on January 22, 2008, with the recommendation that the bill pass.
Passed in the Senate (24 to 13) on January 22, 2008. [Vote Details and Comments]
Received in the House on January 22, 2008.
- Referred to the House Judiciary Committee on January 22, 2008.
- Amendment offered by Rep. Joan Bauer (D) on May 27, 2008, to allow the procedure the bill would prohibit if it is performed to “preserve the health, or preserve the future fertility of a woman whose life, health, or future fertility is endangered”. The amendment failed in the House (40 to 67) on May 27, 2008. [Vote Details and Comments]
- Amendment offered by Rep. Pam Byrnes (D) on May 27, 2008, to allow the procedure the bill would prohibit if it is performed where the pregnancy is the result of incest or rape. The amendment failed in the House (41 to 66) on May 27, 2008. [Vote Details and Comments]
- Amendment offered by Rep. Alma Smith (D) on May 27, 2008, to only prohibit the procedure in instances where a pregnancy has been determined by a physician to be after 24 weeks of gestation. The amendment failed in the House (31 to 76) on May 27, 2008. [Vote Details and Comments]
- Amendment offered by Rep. Mark Meadows (D) on May 27, 2008, to establish as part of a "legislative finding” that the state or a local governmental unit shall not “deprive consenting individuals of the right to obtain and use safe and effective methods of contraception; or interfere with or discriminate against, in the regulation or provision of benefits, facilities, services, or information, the right of consenting individuals to obtain and use safe and effective methods of contraception." Note: The legislature can prohibit local governments from doing something, but cannot "bind" a future legislature that chooses not to observe a "finding" such as this. The amendment failed in the House (41 to 66) on May 27, 2008. [Vote Details and Comments]
- Amendment offered by Rep. Rebekah Warren (D) on May 27, 2008, to tie-bar the bill to House Bills 4616 to 4618, meaning this bill cannot become law unless those ones do also. Those bills would repeal Michigan’s ban on embryonic stem cell research. The amendment failed in the House (41 to 67) on May 27, 2008. [Vote Details and Comments]
Passed in the House (74 to 32) on May 27, 2008, to prohibit “partial birth abortions” as defined in the bill, unless in a physician's reasonable medical judgment a partial-birth abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury. The bill does not specify a "health of the mother" exception. Violation would be subject the abortion provider (but not the mother) to up to two years in prison and a $50,000 fine. Note: The House did not take up the sentencing guidelines bill that accompanies all criminal code bills, which may make passage of this bill moot even if the governor signs it. [Vote Details and Comments]
Received in the Senate on June 12, 2008.
Passed in the Senate (23 to 12) on June 12, 2008. [Vote Details and Comments]
Received in the Senate on June 12, 2008. Failed in the Senate (24 to 12) on June 12, 2008. [Vote Details and Comments]

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1) If Granholm needs some ink to veto abortion bill let me know [by Anonymous Citizen on June 20, 2008]
If a woman's health is in jeopardy, there's nothing to talk about, she should
have a choice. In fact, I don't go around telling men how many times a day to think about sex or how many times to mastrubate, so I think they should have no say in abortion at all. Not your body. Not your say. I liked it back in the day when men didn't even realize they had anything to do with the reproductive process at all. Ah, those were the days. Seriously. Kind of interesting that land was passed down from woman to woman in some culturals and that some culturals were purely matriarchal. The Cathars of France had absolutely equality. The Church didn't like THAT much. So, they killed most of them. We've come a long with since men spread the idea that woman had no souls or value beyond livestock, but we OBVIOUSLY have a ways to go.
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2) twisted morals? [by Anonymous Citizen on June 17, 2008]
To say that a partial birth abortion is used only in an emergency situation is illogical. An emergency by definition is: "an unforeseen combination of circumstances or the resulting state that calls for immediate action". A partial birth abortion takes hours to complete. Labor must be induced for the baby to begin the delivery process. This takes hours, not minutes. If the health of the mother were at risk, a cesarean section can be completed in approximately six minutes. This would greatly decrease the level of stress that is placed on the body of the mother.
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3) "no vote explanation" [by Admin003 on May 29, 2008]
Rep. Warren, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

Thank you for this opportunity to explain why I am voting against Senate Bill 776.

Today is truly a sad day for the Michigan Legislature.

Today is a sad day not only because we are interfering in the private medical decisions made between women and their doctors, but also because we have made the conscious determination to put divisive politics above good public policy. We have let a vocal minority make decisions for the diverse and varied citizens of this state. And perhaps most distressingly, we have let special interests dictate our legislative agenda.

That I stand before you today I am sure comes as no surprise to most of you. As a longtime advocate for women’s rights, I wholeheartedly support a woman’s right to choose and oppose any attempt to chip away at this fundamental freedom.

More than that however, I am standing here today because at its very core, Senate Bill 776 is an answer in search of a question. It is a redundant and unnecessary bill that bans a safe and rarely used medical procedure that has in fact already been prohibited by federal legislation. Even more insultingly, it offers absolutely no exception to protect a woman’s health or future fertility and does nothing to increase citizens’ access to birth control or comprehensive sex education.

I was elected to the Michigan Legislature in order to pass public policies that would put the people of Michigan before petty politics and with each bill we read and each vote we take, I think that it is our duty, as Representatives, to ask ourselves how this legislation moves Michigan forward.

After spending countless hours discussing and debating this bill, I can tell you, without equivocation, that this legislation simply does not pass this test. And yet today, with approximately 30 session days left in our legislation session, we are not taking up the remaining bills in a groundbreaking package that seeks to protect our Great Lakes from large-scale water diversions or even addressing the $300 million shortfall in our general fund budget that threatens our vital public safety and core health and human services. Instead we are taking a vote on a bill that does not one thing to make Michigan a stronger and better place to live.

And when it comes down to it, I know that is question my constituents will be asking when I go back to my district.

Thank you

Rebekah Warren

State Representative

53rd District”

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