04/17/2007 01:30 PM House FINANCE

HOUSE BILL NO. 159                                                                                                            
                                                                                                                                
     An Act relating to the issuance of a certificate of                                                                        
     birth resulting in a stillbirth.                                                                                           
                                                                                                                                
2:05:43 PM                                                                                                                    
                                                                                                                                
SANDRA WILSON,  STAFF &  INTERIM, REPRESENTATIVE  CARL GATTO,                                                                   
noted that  HB 159 is  meant to help  bring closure  to those                                                                   
who have suffered the loss of  a stillborn child by providing                                                                   
them a  Birth Certificate  reflecting that  they had  a child                                                                   
who was stillborn.   In existing law, parents  of a stillborn                                                                   
child  receive a  Death Certificate.   The  bill would  allow                                                                   
parents the option  of requesting a certificate  of birth for                                                                   
their child.   The Birth Certificate would be  optional.  She                                                                   
added that there are an increasing  number of states that are                                                                   
now offering  Birth Certificates  for parents of  stillborns.                                                                   
Ms. Wilson urged the Committee's support for HB 159.                                                                            
                                                                                                                                
2:07:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARL  GATTO, SPONSOR, spoke to  the "darkness"                                                                   
for those mothers  that have stillborn babies.   HB 159 would                                                                   
help provide  that family a sense  of closure by  providing a                                                                   
document, acknowledging  that there was a pregnancy  and that                                                                   
there was a birth.                                                                                                              
                                                                                                                                
2:09:58 PM                                                                                                                    
                                                                                                                                
Representative Gara indicated  he supports the idea, however,                                                                   
asked  if it  was something  that  people want.   Ms.  Wilson                                                                   
explained that the  bill had been requested  by a constituent                                                                   
and since that time, there has been wide support indicated.                                                                     
                                                                                                                                
Representative  Gara asked how  women would be  notified that                                                                   
they  have the  right  to apply  for the  Birth  Certificate.                                                                   
Representative Gatto commented  that the legislation has been                                                                   
implemented  in  fifteen  states,   pointing  out  the  birth                                                                   
certificate  would clearly indicate  that it  was not  a live                                                                 
birth; hence,  none would  be able to  apply for  a Permanent                                                                   
Fund Dividend or State aid.                                                                                                     
                                                                                                                                
2:12:43 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault acknowledged  that loosing a child in still                                                                   
birth is the same as having a death in the family.                                                                              
                                                                                                                                
Representative  Thomas  asked  if the  effective  date  would                                                                   
allow  women  who in  the  past  that had  experienced  still                                                                   
births,  to  be  able  to get  a  certificate.    Ms.  Wilson                                                                   
responded  that Section  F provides language  which allows  a                                                                   
parent who  has had  a still born  child to request,  through                                                                   
Vital Statistics,  a Birth  Certificate and that  information                                                                   
would   be   taken   off   the   fetal   Death   Certificate.                                                                   
Representative  Gatto  added   that  the  Division  of  Vital                                                                   
Statistics  was willing to  go back  and offer that  service.                                                                   
Representative   Thomas   asked   how  that   would   happen.                                                                   
Representative  Joule pointed out  that Paragraph  F contains                                                                   
information on retroactive birth information.                                                                                   
                                                                                                                                
Co-Chair  Meyer  inquired how  the  20-week number  had  been                                                                   
determined.  Representative Gatto  noted that when looking at                                                                   
other  state's  legislation,  20-weeks  was  the  identifying                                                                   
length beyond which accounted  for.  Fetal Death Certificates                                                                   
are issued at 20 weeks.                                                                                                         
                                                                                                                                
2:16:11 PM                                                                                                                    
                                                                                                                                
Vice Chair  Stoltze asked  if the bill  was intended  to only                                                                   
cover  still born  births.   Representative  Gatto  responded                                                                   
that  the definition  of  a still  born is  death  of a  baby                                                                   
carried  in the  womb.   Vice  Chair Stoltze  questioned  the                                                                   
legal implications of the bill.                                                                                                 
                                                                                                                                
Representative  Gara  was  comfortable   allowing  the  Birth                                                                   
Certificate  for  those families  that  had  past still  born                                                                   
births.  He  pointed out that the definition  only applies to                                                                   
that  section  and  would not  affect  definitions  in  other                                                                   
statutes, pointing out on Page 2, Line 15.                                                                                      
                                                                                                                                
2:18:33 PM                                                                                                                    
                                                                                                                                
PHILIP MITCHEL, STATE REGISTRAR,  BUREAU OF VITAL STATISTICS,                                                                   
DEPARTMENT OF HEALTH & SOCIAL  SERVICES, testified in support                                                                   
of  the bill,  noting that  they had  received requests  from                                                                   
parents to acquire a certificate  as proposed.  He added that                                                                   
the Division has addressed retroactivity on the bill.                                                                           
                                                                                                                                
2:20:05 PM                                                                                                                    
                                                                                                                                
RICHARD  OLSON,  (TESTIFIED  VIA   TELECONFERENCE),  FOUNDER,                                                                   
NATIONAL  STILLBORN SOCIETY,  ARIZONA,  noted that  he was  a                                                                   
father of  a stillborn  birth and  after much grief,  created                                                                   
the National Stillbirth Society.   He estimated the number of                                                                   
stillbirths that  occur in the  United States each year.   He                                                                   
voiced support  for the certificate, indicating  that the 20-                                                                   
week number had been agreed upon  by all the states and is an                                                                   
arbitrary point.   He emphasized  that people  really support                                                                   
and want the proposed legislation.                                                                                              
                                                                                                                                
2:27:20 PM                                                                                                                    
                                                                                                                                
PUBLIC TESTIMONY CLOSED                                                                                                       
                                                                                                                                
Co-Chair  Meyer proposed  holding  the bill  in Committee  to                                                                   
deal  with  the  amendment  addressing  retroactivity.    Ms.                                                                   
Wilson noted that she had checked  with the Department of Law                                                                   
and  that  language had  been  redrafted  in the  House  HESS                                                                   
Committee.    Representative  Gara  supported  the  language,                                                                   
stating it is correct.  Mr. Mitchel  stated that the language                                                                   
was taken from  other states, who passed  legislation similar                                                                   
to HB 159.                                                                                                                      
                                                                                                                                
HB 159 was HELD in Committee for further consideration.                                                                         
                                                                                                                                
2:29:23 PM