HOUSE BILL No. 4655


     April 24, 2001, Introduced by Reps. Jansen, Hart, Gosselin, Tabor, Vander Veen, Meyer and Voorhees and referred to the
Committee on Family and Children 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) Except as otherwise provided in this section,

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      it is the policy of this state for the department of community

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      health to give priority under this subsection in the allocation

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      of funds through grants or contracts for educational and other

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      programs and services administered by the department and pertain-

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      ing to family planning or reproductive health services, or both.

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      This subsection applies to grants or contracts awarded to an

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      entity that is considered qualified by the department and that

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      does not engage in 1 or more of the following activities:




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           (a) Performing elective abortions or allowing the

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      performance of elective abortions within a facility owned or

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      operated by the agency, organization, or corporation or by its

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      subdivision, 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 in writing or through

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      public statements made orally that elective abortion is consid-

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      ered part of a continuum of family planning or reproductive

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      health services, or both.

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           (2) If each of the entities applying for a grant or contract

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      described in subsection (1) engages in 1 or more of the activi-

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      ties listed in subsection (1)(a) to (d), the department shall

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      give priority to those entities that engage in the least number

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      of activities listed in subsection (1)(a) to (d).

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           (3) Subsection (1) does not apply if the only applying

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      entity for a grant or contract described in subsection (1)

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      engages in 1 or more of the activities listed in subsection

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      (1)(a) to (d).

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           (4) If an entity applying for a contract or grant described

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      in subsection (1) is affiliated with another entity that engages

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      in 1 or more of the activities listed in subsection (1)(a) to

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      (d), the applying entity shall, for purposes of awarding a grant

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      or contract under subsection (1), be considered independent of





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      the affiliated entity if all of the following conditions are

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      met:

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           (a) The physical properties and equipment of the applying

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      entity are separate and not shared with the affiliated entity.

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           (b) The financial records of the applying entity and affili-

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      ated entity demonstrate that the affiliated entity receives no

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      funds from the applying entity.

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           (c) The paid personnel of the applying entity do not perform

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      any function or duty on behalf of the affiliated entity while on

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      the physical property of the applying entity or during the hours

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      the personnel are being paid by the applying entity.

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           (5) As used in this act:

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           (a) "Affiliated" means the sharing between entities of 1 or

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      more of the following:

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           (i) A common name or other identifier.

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           (ii) Members of a governing board.

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           (iii) A director.

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           (iv) Paid personnel.

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           (b) "Elective abortion" means the performance of a procedure

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      involving the intentional use of an instrument, drug, or other

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      substance or device to terminate a woman's pregnancy for a pur-

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      pose other than to increase the probability of a live birth, to

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      preserve the life or health of the child after live birth, or to

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      remove a dead fetus.  Elective abortion does not include either

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      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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           (c) "Entity" means a local agency, organization, or corpora-

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      tion or a subdivision, contractee, subcontractee, or grant recip-

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      ient of a local agency, organization, or corporation.

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           (d) "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.

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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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