STAND. COM. REP. NO.  1760

Honolulu, Hawaii

                , 2017

RE:   S.B. No. 501

      S.D. 1

      H.D. 2

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 501, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HEALTH,"

begs leave to report as follows:

The purpose of this measure is to ensure that women in Hawaii have timely and appropriate access to comprehensive reproductive health services by requiring all limited service pregnancy centers that advertise or solicit clients with offers to provide prenatal services or counseling to disclose the availability of and enrollment information for publicly-funded reproductive health services.  This measure also provides that the client's recorded health information may be accessed by the client upon written request and that the facility shall adhere to privacy and disclosure requirements for client records.  This measure also establishes civil penalties for noncompliance and authorizes civil actions for enforcement.

The Hawaii State Commission on the Status of Women, We are One, Inc., Planned Parenthood Votes Northwest and Hawaii, Hawaii Section of the American Congress of Obstetricians and Gynecologists, Hawaii State Democratic Women's Caucus, Healthy Mothers Healthy Babies Coalition of Hawaii, Hawaii Women's Coalition, Hawaii Women Lawyers, and many individuals testified in support of the measure.  The Pregnancy Center, A Place for Women in Waipio, Hawaii Family Forum, Roman Catholic Church in the State of Hawaii, Mauka Makai Ministries, Concerned Women for America of Hawaii, Emmanuel Lutheran Church and Schools, Calvary Chapel Pearl Harbor, Aloha Pregnancy Center, The Pearson Foundation of Hawaii, Inc., Aloha Pregnancy Care and Counseling Center, Hawaii Life Alliance, and numerous individuals testified in opposition.  The Department of Health, Department of Human Services, Office of Language Access, and Hawaii Primary Care Association provided comments.

     Your Committee has amended this measure by:

     (1)  Deleting the terms abortion and abortion services and replacing it where appropriate with pregnancy-related services;

     (2)  Revising the notice that is required of the facility to achieve a broader effect;

     (3)  Providing that notices and test results shall be in English;

     (4)  Changing the effective date to July 1, 2050, to encourage further discussion; and

     (5)  Making technical, non-substantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 501, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 501, S.D. 1, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

SCOTT Y. NISHIMOTO, Chair