BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 850|
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THIRD READING
Bill No: SB 850
Author: Maldonado (R) and Correa (D), et al
Amended: 5/1/07
Vote: 21
SENATE HEALTH COMMITTEE : 9-0, 4/18/07
AYES: Kuehl, Aanestad, Alquist, Cox, Maldonado,
Ridley-Thomas, Steinberg, Wyland, Yee
NO VOTE RECORDED: Cedillo, Negrete McLeod
SENATE JUDICIARY COMMITTEE : 3-0, 4/24/07
AYES: Corbett, Kuehl, Steinberg
NO VOTE RECORDED: Harman, Ackerman
SENATE APPROPRIATIONS COMMITTEE : 10-3, 5/14/07
AYES: Torlakson, Ashburn, Calderon, Cedillo, Corbett,
Correa, Florez, Kuehl, Ridley-Thomas, Yee
NOES: Aanestad, Dutton, Runner
NO VOTE RECORDED: Cox, Battin, Oropeza, Wyland
SUBJECT : Vital statistics: certificate of still birth
SOURCE : MISS Foundation
DIGEST : This bill enacts the Missing Angels Act and
requires a local registrar of births and deaths to issue a
Certificate of Still Birth for each naturally occurring
fetal death after the 20th week of uterogestation.
ANALYSIS : Existing law requires the State Registrar of
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Vital Statistics to administer the registration of live
births, deaths, fetal deaths, and marriages. Each fetal
death in which the fetus has advanced to or beyond the 20th
week of uterogestation is required to be registered with
the local registrar of births and deaths within eight
calendar days. A certificate of fetal death is issued
which contains items necessary to establish the fact of
fetal death, and items relating to medical and health data
to be used for public health use only.
This bill:
1.Enacts the "Missing Angels Act" and requires a local
registrar of births and deaths to issue a Certificate of
Still Birth for each naturally occurring fetal death
after the 20th week of uterogestation.
2.Authorizes the local registrar of births and deaths to
charge a fee for the processing and issuance of the
Certificate of Still Birth. It is estimated that the fee
will be $20 for each certificate requested.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2007-08 2008-09
2009-10 Fund
State registrar admin. costs --minor, absorbable--
Special
Local registrar admin. costs --minor,
absorbable--Special
SUPPORT : (Verified 5/16/07)
MISS Foundation (source)
Baby Kick Alliance
California Catholic Conference
Capitol Resource Institute
Expecting Fitness, Inc.
Grief Recovery Institute
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Healing Hearts Share
Helping After Neonatal Death
March of Dimes
National Women's Political Caucus
Share Pregnancy and Infant Loss Support, Inc.
Sidelines
OPPOSITION : (Verified 5/16/07)
American Civil Liberties Union
American College of Obstetricians and Gynecologists,
District IX
California Medical Association
Planned Parenthood Affiliates of California
ARGUMENTS IN SUPPORT : The Mothers in Sympathy and
Support (MISS) Foundation and numerous supporters of this
bill write that California law already issues a mandatory
death certificate and requires that grieving parents be
held responsible for the burial or cremation of their
child. Supporters contend that the government recognizes
that a death has occurred and that final disposition is
required; yet, it is unwilling to acknowledge the birth
process. Supporters argue that this bill will offer many
bereaved parents some solace and comfort after their
devastating loss. The Capitol Resource Institute writes
that current law does not recognize the heartbreaking birth
process the mother must undergo when delivering a stillborn
child and that this bill would give the mourning mother
some consolation that her loss is recognized.
ARGUMENTS IN OPPOSITION : Planned Parenthood Affiliates
of California (PPAC), writing with an "oppose unless
amended" position, states that this bill raises
considerable concerns regarding vital statistics and a
women's right to choose. PPAC contends that the impacts of
this complicated bill are too significant and have yet to
be adequately identified to rush this bill through
committee this year. Therefore, PPAC recommends that this
bill be held for a more thorough review and discussion
until next session. The American College of Obstetricians
and Gynecologists, District IX, and the American Civil
Liberties Union write that given the highly sensitive
nature and complex nature of the law surrounding fetal
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death, abortion, as well as the legal and public health
purposes of various documentation and certifications, it is
critical to have time to determine how the bill might be
amended to give them confidence that this well-intended
bill does not have unintended consequences for millions of
women. The California Medical Association is concerned the
impact of a state-issued certificate for stillbirth and
suggests that an unofficial certificate provided by
hospitals would be a solution.
CTW:nl 5/16/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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