Amendments	Fiscal Memos
HA0890	Amendment 1-0 to HB2936
HA0970	Amendment 2-0 to HB2936
HA1007	Amendment 3-0 to HB2936
HA1114	Amendment 4-0 to HB2936
HA1120	Amendment 5-0 to HB2936

	Amendments	Fiscal Memos
SA0590	Amendment 1-1 to SB2749
SA0597	Amendment 2- to SB2749
SA0860	Amendment 3- to SB2749

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Fiscal Summary

NOT SIGNIFICANT

Bill Summary

This bill provides that the liberty of a parent to the care, custody, and control of the parent's child, including the right to direct the upbringing, education, health care, and mental health of the child, is a fundamental right. However, this bill does not authorize or allow any individual to abuse, neglect, or endanger a child. As used in this bill, a "parent" means a biological, legal, or adoptive parent or an individual who has been granted decision-making authority over the child under state law.

This bill provides that all parental rights are exclusively reserved to a parent of a child without obstruction by or interference from a government entity, including the following rights and responsibilities:

(1) To direct the upbringing of the child;

(2) To direct the moral or religious training of the child;

(3) To make all physical and mental healthcare decisions for the child and consent to all physical and mental health care on the child's behalf;

(4) To access and review all health and medical records of the child;

(5) To direct the education of the child, including the right to choose public, private, religious, or home schools, and the right to make reasonable choices within public schools for the education of the child;

(6) To inspect and review the child's educational records maintained by a school;

(7) To have the child excused from school attendance for religious purposes;

(8) To participate in parent-teacher associations and school organizations that are sanctioned by the board of education of a local education agency;

(9) To be notified promptly if an employee of the state reasonably believes that abuse, neglect, or any criminal offense has been committed against the child by someone other than the parent, unless doing so would interfere with a criminal investigation or department of children's services investigation;

(10) To consent before the collection, storing, or sharing of any individual biometric data, data relative to analysis of facial expressions, electroencephalogram brain wave patterns, skin conductance, galvanic skin response, heart-rate variability, pulse, blood volume, posture, and eye-tracking;

(11) To consent before any record of the child's blood or DNA is created, stored, or shared, unless authorized by law or pursuant to a court order; and

(12) To consent before any government entity makes a video or voice recording of the child, unless the video or voice recording is made during or as a part of a court proceeding; law enforcement investigation; forensic interview in a criminal or department of children's services investigation; security or surveillance of buildings or grounds; photo identification card; or public event where the child has no reasonable expectation of privacy.

PROHIBITIONS

This bill prohibits any branch, department, agency, commission, or instrumentality of state government, any official or other person acting under color of state law, or any political subdivision of the state ("government entity") from substantially burdening the fundamental rights of a parent as provided under this bill unless the government entity demonstrates that the burden, as applied to the parent and the child, is required by a compelling governmental interest of the highest order and is the least restrictive means of furthering that compelling governmental interest.

This bill also prohibits a public employee, other than law enforcement personnel, from encouraging or coercing a child to withhold information from the child's parent. Additionally, a public employee must not withhold from a child's parent information that is relevant to the physical, emotional, or mental health of the child.

VIOLATION

This bill provides that a parent whose rights have been burdened by a government entity in violation of this bill may assert that violation as a claim or defense in any judicial or administrative proceeding, without regard to whether the proceeding is brought by or in the name of the state, a private person, or another party. A parent who prevails in a proceeding to enforce this bill against a government entity may recover from a court of competent jurisdiction declaratory relief, injunctive relief, and compensatory damages, including reasonable costs and attorney's fees.

CONSTRUCTION

This bill requires the above provisions to be construed using the following rules:

(1) The protections of the fundamental right of parents to the care, custody, and control of their child afforded by such provisions are in addition to the protections provided under federal law, state law, and the state and federal constitutions;

(2) Such provisions must be construed in favor of a broad protection of the fundamental right of parents to the custody, care, and control of their children, including the right to direct the upbringing, education, health care, and mental health of their child;

(3) If a child has no affirmative right of access to a particular surgical, medical, or mental health procedure or service, then such provisions do not grant that child's parent an affirmative right of access to that procedure or service on that child's behalf; and

(4) State law enacted after July 1, 2024, is subject to such provisions unless the law explicitly excludes such application by reference to such provisions.

HEALTHCARE

Except as otherwise provided by law or court order, this bill prohibits a government entity, healthcare provider, or other person from knowingly taking any of the following actions with regard to a minor without first obtaining the consent of a parent of the minor: (i) treating, professing to diagnose, operating on, or prescribing for any physical ailment, physical injury, or deformity; (ii) prescribing, dispensing, delivering, or administering any drug or medication; (iii) rendering certain psychological services; or (iv) rendering certain counseling services.

However, the above prohibitions do not apply when (i) a parent of the minor has given blanket consent authorizing the person or entity to perform such an activity; (ii) a government entity, healthcare provider, or any other person reasonably relies in good faith on an individual's representations that the individual is the parent of a minor or has otherwise been granted authority to make decisions regarding a minor's health care under state law; (iii) a licensed physician performs emergency medical or surgical treatment; (vi) licensed personnel render appropriate emergency medical care and provide emergency medical services; (v) a person participates or assists in rendering emergency care; or (vi) an employee of a local education agency acts to control bleeding using a bleeding control kit.

As used in the above provisions, a "minor" does not include an individual who (i) is emancipated, (ii) needs emergency treatment, (iii) is or was previously a member of the armed forces of the United States or a member of a reserve or national guard unit, or (iv) is the parent of a minor child and has full custody of that minor child.

This bill provides that a violation of the above prohibitions constitute an unlawful practice and is grounds for the offending healthcare provider's licensing authority to suspend, revoke, or refuse to renew the healthcare provider's license or take other disciplinary action allowed by law. If the licensing authority of a healthcare provider receives information of a violation or potential violation of the above prohibitions by the healthcare provider, then the licensing authority must conduct an immediate investigation and take appropriate disciplinary action.

This bill authorizes a parent to bring a civil cause of action to recover compensatory damages, punitive damages, and reasonable attorney's fees, court costs, expenses, and any other appropriate relief against the person, government entity, or healthcare provider alleged to have violated the above prohibitions. Such a civil action commenced must be brought within one year from the date of discovery of the violation. If a court in such civil action finds that a healthcare provider knowingly violated the above prohibitions, then the court must notify the appropriate regulatory authority and the attorney general by mailing a certified copy of the court's order to the regulatory authority and the attorney general. Notification must be made upon the judgment of the court being made final.

APPLICABILITY

This bill applies to acts committed on or after July 1, 2024.

ON MARCH 28, 2024, THE SENATE ADOPTED AMENDMENT #3 AND PASSED SENATE BILL 2749, AS AMENDED.

AMENDMENT #3 makes the following changes to the bill:

(1) Provides that "biometric data," as used in the bill, means data generated by automatic measurements of an individual's biological characteristics, such as a fingerprint, voiceprint, eye retina or iris, or other unique biological pattern or characteristic, that is used to identify a specific individual, but does not include (i) a physical or digital photograph, a video or audio recording, or data generated from the recording, or information collected, used, or stored for healthcare treatment, payment, or operations under HIPPA; and (ii) data or information collected, used, or stored for law enforcement purposes;

(2) Adds to the bill that parents have the right to be notified promptly if an employee of the state reasonably believes that abuse, neglect, or any criminal offense has been committed against the child by someone other than the parent, unless an employee of the state, a political subdivision of the state, a local education agency, a public charter school, or any other governmental entity is required by law to withhold such information;

(3) Revises the bill to provide that parents have the right to consent before any government entity makes a video or voice recording of the child, unless the video or voice recording is made during or as a part of a law enforcement interaction, instead of a law enforcement investigation;

(4) Provides that the provisions in the bill prohibiting a government entity from substantially burdening the fundamental rights of parents unless the government entity demonstrates that the burden, as applied to the parent and the child, is required by a compelling governmental interest of the highest order and is the least restrictive means of furthering that compelling governmental interest and the provisions of this bill providing that all parental rights are exclusively reserved to a parent of a child without obstruction by or interference from a government entity does not prevent the department of children's services from conducting an investigation or otherwise carrying out its responsibilities under state law;

(5) Provides that the provisions in the bill prohibiting a government entity from substantially burdening the fundamental rights of parents unless the government entity demonstrates that the burden, as applied to the parent and the child, is required by a compelling governmental interest of the highest order and is the least restrictive means of furthering that compelling governmental interest and the provisions of this bill providing that all parental rights are exclusively reserved to a parent of a child without obstruction by or interference from a government entity do not apply when (i) a parent of the minor has given blanket consent authorizing the person or entity to perform an activity; (ii) a government entity or any other person reasonably relies in good faith on an individual's representations that the individual is the parent of a minor or has otherwise been granted authority to make decisions regarding a minor's care under state law; (iii) a person participates or assists in rendering emergency care; (iv) an employee of a local education agency acts to control bleeding using a bleeding control kit; or (iv) services are provided to or information is received or maintained about a minor enrolled in an institution of higher education or a minor participating in a program for which the minor's parent has consented to the child's participation by an employee of the institution of higher education or other school official;

(6) Clarifies that a public employee must not withhold from a child's parent information that is relevant to the physical, emotional, or mental health of the child unless required by law to withhold such information;

(7) Prohibits a person or entity that is not a parent from having standing to raise in any proceeding in this state the fundamental rights of a parent established in this bill;

(8) Revises the provision in the bill that provides if a child has no affirmative right of access to a particular surgical, medical, or mental health procedure or service, then this bill does not grant that child's parent an affirmative right of access to that procedure or service on that child's behalf by, instead, providing that this bill does not give parents a right to medical treatments for their children that have been prohibited by state law;

(9) Adds to the provisions in the bill prohibiting a government entity, healthcare provider, or other person from knowingly taking any of the following actions with regard to a minor without first obtaining the consent of a parent of the minor: (i) treating, professing to diagnose, operating on, or prescribing for any physical ailment, physical injury, or deformity; (ii) prescribing, dispensing, delivering, or administering any drug or medication; (iii) rendering certain psychological services; or (iv) rendering certain counseling services. This amendment clarifies that the above prohibitions do not apply when services are provided to a minor enrolled in an institution of higher education by a licensed provider employed by the institution of higher education;

(10) Revises the bill to no longer authorize a parent to bring a civil cause of action to recover punitive damages when an entity or healthcare provider allegedly violates the provisions of the bill prohibiting a government entity, healthcare provider, or other person from knowingly taking any of the following actions with regard to a minor without first obtaining the consent of a parent of the minor: (i) treating, professing to diagnose, operating on, or prescribing for any physical ailment, physical injury, or deformity; (ii) prescribing, dispensing, delivering, or administering any drug or medication; (iii) rendering certain psychological services; or (iv) rendering certain counseling services; and

(11) Requires a civil action commenced against a healthcare provider to be brought within one year after the cause of action accrued. However, in the event the alleged injury is not discovered within such one-year period, the period of limitation is one year from the date of such discovery, but in no event must any such action be brought more than three years after the date on which the negligent act or omission occurred except where there is fraudulent concealment on the part of the defendant, in which case the action must be commenced within one year after discovery that the cause of action exists. However, the previous limitations do not apply in cases where a foreign object has been negligently left in a patient's body, in which case the action must be commenced within one year after the alleged injury or wrongful act is discovered or should have been discovered.

ON APRIL 23, 2024, THE HOUSE SUBSTITUTED SENATE BILL 2749 FOR HOUSE BILL 2936, ADOPTED AMENDMENTS #4 AND #5, AND PASSED SENATE BILL 2749, AS AMENDED.

AMENDMENT #4 makes the following changes:

(1) Provides that the enumeration of parental rights in this bill does not abridge any additional parental rights codified or recognized under current law or prohibit the codification or recognition of additional parental rights; and

(2) Deletes the provision in the bill providing that the prohibitions relevant to healthcare in the bill summary do not apply when services are provided to a minor enrolled in an institution of higher education by a licensed provider employed by the institution of higher education.

AMENDMENT #5 revises the provision requiring the "Families' Rights and Responsibilities Act" to be construed using the protections of the fundamental right of parents to the care, custody, and control of their child afforded by such Act in addition to the protections provided under federal law, state law, and the state and federal constitutions by deleting the federal constitution from the additional protections.