04/13/2009 01:30 PM Senate HEALTH & SOCIAL SERVICES

          HB  35-NOTICE & CONSENT FOR MINOR'S ABORTION                                                                      
                                                                                                                                
2:46:19 PM                                                                                                                    
CHAIR DAVIS announced  consideration of HB 35.  [CSHB 35(FIN) (CT                                                               
RULE FLD)(EFD FLD) was before the committee.]                                                                                   
                                                                                                                                
REPRESENTATIVE COGHILL,  sponsor of HB  35, said it deals  with a                                                               
supreme court  ruling that  came down two  years ago  saying that                                                               
parental consent  and notification  had failed.  He looked  for a                                                               
balance between the  constitutional right of a  young minor child                                                               
under freedom of choice and the right of parents to guide them.                                                                 
                                                                                                                                
2:48:02 PM                                                                                                                    
The  state has  agreed that  parents have  the responsibility  to                                                               
guide immature youngsters'  choices and even veto  them. His bill                                                               
says the minor must obtain consent  of the parents and have a 48-                                                               
hour notice if the parents  were fit and loving. Parental consent                                                               
is  not   required  if  the   youngsters  are   married,  legally                                                               
emancipated, self-subsisting  and employed,  or in  the military.                                                               
If they chose not to include  the parents, they could go to court                                                               
and demonstrate  their own  maturity and get  consent to  have an                                                               
abortion.  If  the court  doesn't  act,  that would  be  de-facto                                                               
consent.   Everywhere  "consent"   is  used,   "notification"  is                                                               
inserted.                                                                                                                       
                                                                                                                                
2:51:14 PM                                                                                                                    
For sexual or physical abuse of  the child, parents would have to                                                               
be  notified; if  not the  parents,  the bill  requires an  adult                                                               
sibling, a grandparent, a police  officer or officer of the court                                                               
that has  knowledge of the sexual  abuse. The reason is  that you                                                               
don't want a youngster being  further intimidated to sign a sworn                                                               
statement without somebody protecting them.                                                                                     
                                                                                                                                
CHAIR  DAVIS stated  that the  Senate committee  substitute (SCS)                                                               
had not been adopted and clarified  that the sponsor asked her to                                                               
roll the  notification provision  from the  Senate bill  into his                                                               
bill.                                                                                                                           
                                                                                                                                
REPRESENTATIVE COGHILL added  that it became clear  that the only                                                               
way to get  this bill through this legislative session  was to go                                                               
with parental notification rather than consent.                                                                                 
                                                                                                                                
2:53:39 PM                                                                                                                    
CHAIR DAVIS  asked if  the Senate sponsor  agreed with  using his                                                               
language.                                                                                                                       
                                                                                                                                
REPRESENTATIVE COGHILL  answered yes. The  SCS is the  same basic                                                               
outline of HB 35 without the consent language.                                                                                  
                                                                                                                                
SENATOR ELLIS  said he  wanted to understand  more about  the SCS                                                               
before adopting it.  He asked if they are  talking about parental                                                               
notification,  why doesn't  the  title say  "An  Act Relating  to                                                               
Notice for a Minor's Abortion."                                                                                                 
                                                                                                                                
2:56:58 PM                                                                                                                    
JEAN  MISCHEL, Legislative  Legal  Services,  explained that  the                                                               
House title  was retained because  it still  adequately described                                                               
the bill.  The Senate bill  has a  shortened title and  the other                                                               
difference is the  existence of the court rules  and an effective                                                               
date  that  failed  on  the  House side.  The  Senate  bill  also                                                               
retained  the medical  emergency exception  that was  in the  "A"                                                               
version of the House bill that didn't pass House Finance.                                                                       
                                                                                                                                
SENATOR ELLIS said  he was troubled by the title  having the word                                                               
"consent" in it.                                                                                                                
                                                                                                                                
MS. MISCHEL  explained that "consent"  is in the  current version                                                               
only to  the extent that it  is being repealed from  existing law                                                               
in this SCS and that there is not title problem.                                                                                
                                                                                                                                
SENATOR ELLIS remarked, "Well, it is for me."                                                                                   
                                                                                                                                
CHAIR  DAVIS said  it appears  that the  court language  has been                                                               
removed from the CS.                                                                                                            
                                                                                                                                
MS. MISCHEL agreed that the court  rules were not in the proposed                                                               
CS, version E.                                                                                                                  
                                                                                                                                
3:00:03 PM                                                                                                                    
CHAIR DAVIS said she still intends to hear SB 179.                                                                              
                                                                                                                                
REPRESENTATIVE  COGHILL said  he  would be  willing  to accept  a                                                               
title amendment to the SCS.                                                                                                     
                                                                                                                                
3:05:27 PM                                                                                                                    
SENATOR PASKVAN moved to adopt  SCS CSHB 35, labeled 26-LS0192\E,                                                               
as the working document.                                                                                                        
                                                                                                                                
SENATOR  DYSON   objected,  saying  he  preferred   the  original                                                               
version.                                                                                                                        
                                                                                                                                
A  roll call  vote was  taken: Senators  Thomas, Paskvan,  Davis,                                                               
Ellis voted  yea; Senator  Dyson voted  nay. Therefore,  SCS CSHB
, version E, was adopted.                                                                                                     
                                                                                                                                
CHAIR DAVIS held HB 35 in committee.