Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred S.B. No. 809 entitled:

begs leave to report as follows:

The purpose of this measure is to require a physician to give notice to the parent or guardian of a minor or incapacitated person prior to performing an abortion.

Your Committee received testimony supporting this measure from the Department of the Prosecuting Attorney of the County of Maui, Hawaii Family Forum, Aloha Pregnancy Care & Counseling Center, Hawaii Catholic Conference, Catholic Charities, Benedictine Monastery of Hawaii, Hawaii Right to Life, Knights of Columbus, Christian Voice of Hawaii, Hawaii Respect Life, Creative Lion, and three individuals.

Your Committee received testimony opposing this measure from the Hawaii State Department of Health, Hawaii State Commission on the Status of Women, ACLU Hawai'i, Libertarian Party of Hawaii, Family Planning Center of Hawaii, First Unitarian Church, American College of Obstetricians and Gynecologists (District VIII, Hawaii Section), and seventeen individuals.

Your Committee appreciates the strongly held convictions of the organizations and individuals that testified on this measure. What is of primary concern to all is the physical and emotional safety of minors dealing with the serious consequences of a pregnancy. Your Committee believes that minors in such a strenuous situation need the support and guidance of their family. By requiring parents of a minor to be notified of the intent to perform an abortion, the minor is ensured of receiving that support and guidance.

Your Committee received testimony contending that chapter 577A, Hawaii Revised Statutes, may already require parental consent prior to performing an abortion and has requested an opinion from the attorney general on that issue.

Your Committee has amended this measure by requiring the physician to give parents or guardians of a minor at least ninety-six hours notice of the intent to perform an abortion.

As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 809, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 809, S.D. 1, and be referred to the Committee on Judiciary.