Legislature(2009 - 2010)BUTROVICH 205

04/17/2009 01:30 PM HEALTH & SOCIAL SERVICES


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01:37:01 PM Start
01:37:31 PM HB35
03:27:26 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 35 NOTICE & CONSENT FOR MINOR'S ABORTION TELECONFERENCED
Failed To Move Out Of Committee
*+ SB 172 ALASKA HEALTH CARE COMMISSION TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
          HB  35-NOTICE & CONSENT FOR MINOR'S ABORTION                                                                      
                                                                                                                                
1:37:31 PM                                                                                                                    
CHAIR DAVIS announced consideration of HB  35. [SCS for CS for HB                                                               
35(HSS), labeled 26-LS0192\E had  been adopted during the 4/13/09                                                               
hearing and was the working document before the committee.]                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL,  sponsor of HB  35, noted that  version E                                                               
was the working document. He offered  to go through version E and                                                               
to answer questions.                                                                                                            
                                                                                                                                
SENATOR ELLIS  asked how the  notification provisions  would work                                                               
if the person who impregnated the girl is one of the family.                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL  replied in a  case like that  there would                                                               
be an  allegation of  sexual abuse and  no notification  would be                                                               
required, but a doctor would have to confirm the sexual abuse.                                                                  
                                                                                                                                
1:41:52 PM                                                                                                                    
SENATOR ELLIS stated that doctors  are already required to report                                                               
sexual abuse.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  COGHILL answered  that  is true,  but  this is  a                                                               
unique  area of  law so  he  thought it  had to  be more  clearly                                                               
pointed out, especially under the  conditions where someone would                                                               
be seeking an abortion without  parental notification or consent.                                                               
Right  now, there  is  a  real question  as  to  the legality  of                                                               
mandatory reporting.                                                                                                            
                                                                                                                                
SENATOR ELLIS asked  if it is fair to say  that HB 35 strengthens                                                               
the  mandatory reporting  law  when abortion  is  selected as  an                                                               
option. He thought  Alaska already had a  pretty strong mandatory                                                               
reporting law for child sexual abuse,  and wanted to hear from an                                                               
attorney about why they need to make it stronger.                                                                               
                                                                                                                                
1:43:16 PM                                                                                                                    
REPRESENTATIVE  COGHILL   responded  that  there   are  mandatory                                                               
reporting  laws now,  but  part  of the  issue  he  is trying  to                                                               
address in  this bill is  that an  uncle, father or  predator can                                                               
now  impregnate a  minor child,  take her  to an  abortion clinic                                                               
anonymously or  she can show up  on her own and  get an abortion,                                                               
and the only  people that know are the providers  and the child -                                                               
and  possibly the  abuser. Under  those  circumstances, there  is                                                               
nothing to set the reporting in motion.                                                                                         
                                                                                                                                
SENATOR  ELLIS queried  if it  would only  be in  these cases  or                                                               
would  the  strengthened  mandatory  reporting  on  the  part  of                                                               
doctors  apply to  all other  cases  of child  sexual abuse  that                                                               
don't involve a pregnancy.                                                                                                      
                                                                                                                                
REPRESENTATIVE  COGHILL replied  that this  falls under  Title 18                                                               
and it is not part of the  criminal code under Title 11. Title 18                                                               
specifically says "an abortion may  not be performed in the state                                                               
unless..." and that provision is  under this heading. Abortion is                                                               
a  highly  litigated  area, and  he  thinks  mandatory  reporting                                                               
should be part of this body of law.                                                                                             
                                                                                                                                
1:45:18 PM                                                                                                                    
KATHERINE FOREST, Planned Parenthood,  Anchorage, AK, opposed the                                                               
CS for HB 35.  She is raising a five year old  in a loving family                                                               
and is  building good communications  with her, but if  this bill                                                               
passes she felt it would limit  her rights as well as her ability                                                               
to  get necessary  medical care.  If she  had to  get a  judicial                                                               
bypass, she  didn't know  how she would  get the  information and                                                               
navigate the process in time to get the care.                                                                                   
                                                                                                                                
1:48:59 PM                                                                                                                    
BRITTANY GOODNIGHT,  Planned Parenthood, opposed HB  35. It would                                                               
have impacted her mom who was  raped by her father. She just came                                                               
from a  wonderful event called "Walk  A Mile In Her  Shoes" about                                                               
rape and domestic  violence. It amazed her that  the committee is                                                               
willing to look  at notification, but wasn't  addressing the root                                                               
of  the problem.  She  was concerned  that  the judicial  bypass,                                                               
which would  take about  18 days if  everything went  well, would                                                               
make  a  person miss  the  option  of  having a  first  trimester                                                               
abortion.  The only  other  options would  be to  fly  out or  to                                                               
continue with the pregnancy.                                                                                                    
                                                                                                                                
1:52:09 PM                                                                                                                    
KATE FITZGERALD,  representing herself,  opposed HB  35. Judicial                                                               
bypass  may seem  like an  alternative, she  said, but  teens are                                                               
likely to seek  other alternatives rather than  face the judicial                                                               
process.  And how  many teens  would want  to admit  they've been                                                               
abused much less get it notarized, she remarked.                                                                                
                                                                                                                                
1:53:33 PM                                                                                                                    
THEDA PITTMAN,  representing herself,  Anchorage, opposed  HB 35.                                                               
The  Governor  reported  that  some  people  think  an  unplanned                                                               
pregnancy  is an  inconvenience,  but she  couldn't imagine  this                                                               
being  just an  inconvenience. The  sponsor says  it is  aimed at                                                               
teens in a  loving family, but that logically is  aiming at teens                                                               
that  don't need  the  help  in the  first  place.  It's time  to                                                               
realize  that   government  can't  enforce  religious   or  moral                                                               
beliefs.                                                                                                                        
                                                                                                                                
1:55:36 PM                                                                                                                    
BRITTANY  CHEONEY, Juneau,  opposed  HB 35.  No  law can  mandate                                                               
communication she  said, and  it would not  have even  applied in                                                               
her situation  as she had  loving parents  and had no  abuse. But                                                               
she  still  dreaded  telling  her  parents.  She  did  obtain  an                                                               
abortion at age 18.                                                                                                             
                                                                                                                                
This bill has a lot of  unanswered questions, she said. How would                                                               
teens in rural  areas access the court system? How  would they be                                                               
informed about what they have to  do to obtain a judicial bypass?                                                               
What  if  there  is abuse  and  they  have  to  get a  letter  to                                                               
corroborate and why is the list  so limited? Why does the sibling                                                               
have to be 21?                                                                                                                  
                                                                                                                                
MS. CHOENEY  remarked that  if you want  to reduce  abortion, why                                                               
not fund family  planning and access to birth  control. Juneau is                                                               
the  only  place in  the  state  that  provides access  to  birth                                                               
control in high school. Abstinence  is not effective, so give the                                                               
teens   all  of   the  information   they   need  by   developing                                                               
comprehensive sex  education in schools. Invest  in education and                                                               
extracurricular activities; use resources efficiently.                                                                          
                                                                                                                                
2:00:20 PM                                                                                                                    
CAROLINE SHULTZ,  representing herself,  Chugiak, opposed  HB 35.                                                               
She was concerned  about the inequity in  its application between                                                               
the women  in rural Alaska and  urban Alaska. How would  women in                                                               
the rural areas  access the courts or get the  information on how                                                               
to negotiate  the process? She said  we should not be  putting up                                                               
barriers in these important decision situations.                                                                                
                                                                                                                                
She was  concerned that some  girls would  have no one  who would                                                               
corroborate an incident in the case  of a judicial bypass, and if                                                               
a girl is abused,  she may not feel safe in  going to the police.                                                               
They trust her to become a mother,  but not to testify to her own                                                               
abuse,  she  remarked.  This  bill makes  it  illegal  to  coerce                                                               
someone to  have an  abortion, but what  about coercing  them not                                                               
to? Parents  have a lot of  control. A lot of  questions have not                                                               
been answered.                                                                                                                  
                                                                                                                                
2:04:27 PM                                                                                                                    
JEFFREY  MITTMAN, Executive  Director,  American Civil  Liberties                                                               
Union (ACLU) Alaska, opposed HB 35.  He said it puts Alaska teens                                                               
at risk for their health  and safety. Requiring notification does                                                               
not protect teens; good family  communication cannot be mandated.                                                               
If this  law passed  it would have  terrible consequences  in the                                                               
real  world  because,  "We  know that  desperate  teens  will  do                                                               
desperate and dangerous things."                                                                                                
                                                                                                                                
MR.  MITTMAN said  leading  medical  organizations whose  members                                                               
provide care for  the vast majority of  adolescents have policies                                                               
explicitly opposing  mandatory parental notification.  A judicial                                                               
bypass isn't  a solution.  A desperate teen  isn't going  to know                                                               
how  to navigate  the process,  and if  she could,  she would  be                                                               
unlikely to disclose her intimate details to the court.                                                                         
                                                                                                                                
2:07:37 PM                                                                                                                    
SENATOR DYSON  asked if  he thought other  types of  medical care                                                               
for minors should be exempted from parental notification.                                                                       
                                                                                                                                
MR.  MITTMAN  replied  that  the   court  generally  looks  at  a                                                               
balancing test of needs and  rights. If a teen requires treatment                                                               
to   end  an   addiction   and  needed   medical  treatment   for                                                               
rehabilitation,  the  courts would  likely  look  at whether  the                                                               
notice would  endanger the life of  the teen and maybe  rule that                                                               
it  would unconstitutional  to endanger  that  child's safety  by                                                               
requiring notification. It's not a black and white answer.                                                                      
                                                                                                                                
SENATOR  DYSON said  he understands  that all  of those  kinds of                                                               
treatments  require   parental  consent,  and  asked   if  he  is                                                               
advocating removing it for drug and alcohol treatment.                                                                          
                                                                                                                                
MR. MITTMAN  gave an analogy  of an emergency  medical treatment.                                                               
If a student  were in the middle of a  school day and experienced                                                               
a  case of  appendicitis,  was  rushed to  the  hospital and  the                                                               
hospital could not  reach the teen's mother or  father to receive                                                               
informal  consent  for  the operation,  the  hospital  would  not                                                               
refuse to  operate under the  notification requirement.  It would                                                               
do what was necessary  to save the life of the  teen. This is the                                                               
standard that courts look at  in determining the scope and extent                                                               
of notification.                                                                                                                
                                                                                                                                
SENATOR  DYSON said  he  was  asking if  they  should consider  a                                                               
bypass or ways around other  types of notification for activities                                                               
that  parents might  frown  on like  drug  and alcohol  treatment                                                               
where  the child  might be  reluctant to  admit to  their parents                                                               
that they had those problems.                                                                                                   
                                                                                                                                
2:10:13 PM                                                                                                                    
MR.   MITTMAN  replied   that  given   the   complexity  of   any                                                               
legislation,  he would  have  to  look at  what  the  risks of  a                                                               
proposal were before giving a specific answer.                                                                                  
                                                                                                                                
SENATOR ELLIS asked if he  could speak to the legal ramifications                                                               
regarding the  no-coercion clause  of the  parent or  guardian to                                                               
terminate the pregnancy.  He noted that no  prohibition exists on                                                               
coercion in the other direction.                                                                                                
                                                                                                                                
MR. MITTMAN said  that coercion of any kind  would be prohibited.                                                               
The bill actually enacts protections that already exist in law.                                                                 
                                                                                                                                
2:12:56 PM                                                                                                                    
LAYANYA SEMONES, representing herself,  Fairbanks, opposed HB 35.                                                               
She  wondered how  a  teen  would manage  all  of the  legalities                                                               
required  by this  law.  This  law would  put  more teenagers  in                                                               
danger.  You won't  hear  testimony today  from  the abusive  and                                                               
uninvolved parents.                                                                                                             
                                                                                                                                
SENATOR ELLIS  asked how  frequently she  hears from  young women                                                               
that their  parents "would kill  them" or  throw them out  of the                                                               
house.                                                                                                                          
                                                                                                                                
MS.  SEMONES said  she  is  more concerned  about  kids like  her                                                               
cousins who didn't even know where their parents were.                                                                          
                                                                                                                                
2:16:13 PM                                                                                                                    
TAMMY WILSON,  representing herself, Fairbanks, supported  HB 35.                                                               
She did  not think it fair  that her child would  have the option                                                               
of not speaking to her about such a significant problem.                                                                        
                                                                                                                                
2:17:39 PM                                                                                                                    
EILEEN BECKER, Director, Pregnancy  Care Center, Homer, supported                                                               
HB 35.  It retains parental rights  to be notified as  to what is                                                               
happening with their  children, but kids would  also have someone                                                               
they  could go  to  if they  were in  an  abusive situation.  She                                                               
encouraged  them  to   not  listen  to  the   comments  of  other                                                               
organizations;  this is  something good  as opposed  to something                                                               
bad.                                                                                                                            
                                                                                                                                
SENATOR ELLIS asked if she thought  a person should have to be 21                                                               
years of age to corroborate sexual abuse.                                                                                       
                                                                                                                                
MS. BECKER replied that she thought 21 was better a better age.                                                                 
                                                                                                                                
2:21:13 PM                                                                                                                    
CHRISTINE  FONTAINE,   Project  Director,  Kachemak   Bay  Family                                                               
Planning Clinic,  Homer, opposed  HB 35  because of  her personal                                                               
knowledge  of  young  people  on   the  Peninsula  who  would  be                                                               
affected. Who would  be responsible to inform the  girls of their                                                               
legal rights? Who  would help them through the  system, which can                                                               
be  very intimidating?  What  about rural  girls  who don't  have                                                               
physical  access to  the system  or those  who may  have language                                                               
issues? These girls  are pregnant and need health  care no matter                                                               
what choice is made regarding  the pregnancy, and barriers should                                                               
not be placed in front of them.                                                                                                 
                                                                                                                                
2:25:11 PM                                                                                                                    
JOSEPH LAPP, Kachemak Bay Family  Planning Clinic, opposed HB 35,                                                               
because the court  system is difficult and not set  up with teens                                                               
in mind.{ This notification would  be difficult for him now, much                                                               
less when  he was a  teen. He  also was concerned  about coercion                                                               
regarding  the  abortion  decision.   This  is  another  way  the                                                               
government intrudes  into peoples' lives; it  doesn't help teens.                                                               
The only  proven ways  to reduce abortion  are sex  education and                                                               
family planning.                                                                                                                
                                                                                                                                
2:27:07 PM                                                                                                                    
CHERYL  HUMME, representing  herself,  Barrow, opposed  HB 35.  A                                                               
woman's  choice is  hers  and  hers alone.  What  if parents  and                                                               
teenagers want to do different things?  Are we willing to force a                                                               
young  woman to  carry a  pregnancy she  doesn't want?  You can't                                                               
legislate healthy families or  healthy communications. What works                                                               
is education about  healthy relations. She is happy  for teens in                                                               
good families  who have someone  to help  them, but think  of the                                                               
teens who don't have any one to confide in.                                                                                     
                                                                                                                                
2:30:57 PM                                                                                                                    
KALEN  SAXTON, representing  herself, Anchorage,  opposed HB  35.                                                               
She  has provided  parent education  for  over 20  years for  the                                                               
Center for  Families. She has provided  intakes and interventions                                                               
of  parents  who  abused  or  were in  danger  of  abusing  their                                                               
children. After 40  years of experience in this  field, she still                                                               
supports  the  right of  a  woman  or  teen  to end  a  pregnancy                                                               
especially when it is due to rape or abuse.                                                                                     
                                                                                                                                
2:33:27 PM                                                                                                                    
DEBBI  JOSLIN,  Eagle  Forum,  supported  CSHB  35  although  she                                                               
preferred that it  would include parental consent.  This law puts                                                               
children in  the driver's seat  and opens the door  for predators                                                               
to  take advantage  of  them.  Twenty states  have  some kind  of                                                               
notification  law  and  one study  found  that  parental  consent                                                               
reduces   abortions.  Parental   notification   laws  aren't   as                                                               
effective.  Everyone agrees  that fewer  abortions are  better so                                                               
this bill should be passed.                                                                                                     
                                                                                                                                
MS. JOSLIN mused that adoption is  an option and then very little                                                               
harm  is done.  She  says the  suicide rate  and  alcohol use  is                                                               
higher in girls  who have abortions. As for drug  abuse and other                                                               
serious  situations, she  thought parents  should be  informed of                                                               
everything.                                                                                                                     
                                                                                                                                
2:38:55 PM                                                                                                                    
CLOVER  SIMONE,   Vice  President,  Alaska   Planned  Parenthood,                                                               
opposed  HB  35. In  her  clinics  she  generally sees  that  the                                                               
parents accompany the  child, but the ones who  will be adversely                                                               
affected  by this  bill  are  the most  vulnerable  teens in  our                                                               
society. She asked  who in the foster care system  teens would go                                                               
to and  was concerned about  the 48 hour waiting  time constraint                                                               
if the  choice is  to terminate the  pregnancy. She  also worries                                                               
about teens taking things into their own hands.                                                                                 
                                                                                                                                
Last  she  worried  about  women  falling  victim  to  predators.                                                               
Medical  providers do  participate in  protecting women  in these                                                               
circumstances; they will not perform  an abortion if there is any                                                               
question  of the  willingness  of  that young  woman  to have  an                                                               
abortion. She questioned that this  was the most effective way to                                                               
prevent and reduce abortions.                                                                                                   
                                                                                                                                
2:43:26 PM                                                                                                                    
SENATOR ELLIS  asked if she  has anything more specific  to offer                                                               
regarding  the health  impacts  of the  waiting  period or  other                                                               
aspects of the legislation.                                                                                                     
                                                                                                                                
MS. SIMONE  answered that the concern  is that it adds  time to a                                                               
time-sensitive procedure, and they  already know that young women                                                               
generally won't  come to the  clinic until  it is a  little later                                                               
than  most older  women would.  So  that delay  pushes them  even                                                               
closer  to the  limits of  the first  trimester. The  earlier the                                                               
procedure is done,  the safer it is. She  advocated education and                                                               
family planning.                                                                                                                
                                                                                                                                
SENATOR DYSON said in times  past officials in Planned Parenthood                                                               
said  funds were  available for  indigent  young women  to get  a                                                               
late-term abortion and asked if that was still true.                                                                            
                                                                                                                                
MS.  SIMONE replied  that an  abortion loan  fund is  operated by                                                               
another non-profit in  Alaska that sometimes has  funding to help                                                               
women travel, but it is pretty limited.                                                                                         
                                                                                                                                
2:47:20 PM                                                                                                                    
PAMELA SAMASH,  representing herself,  strongly supported  HB 35.                                                               
She thought required notification  would create an opportunity to                                                               
break  the cycle  of abuse,  and that  forcing a  sexually abused                                                               
girl to  have an  abortion benefits the  abuser. She  also agreed                                                               
with the judicial  bypass provision believing a baby  is just one                                                               
part of  a bigger situation that  the bypass would expose  - thus                                                               
helping to break the pattern of behavior.                                                                                       
                                                                                                                                
2:52:18 PM                                                                                                                    
KIRSTEN STROLLE,  representing herself,  said she works  with at-                                                               
risk youth and opposed HB 35.  In her experience these youth will                                                               
often go to great lengths to  protect their homes despite how bad                                                               
things  are   in  them.  They   think  they  are   talking  about                                                               
hypothetical  situations, but  the  reality is  that  one in  ten                                                               
people in  the U.S. will be  sexually abused in their  life time.                                                               
Alaska has  six times the  national average for  childhood sexual                                                               
abuse. The trauma  of the abuse compounded by  pregnancy with the                                                               
overwhelming amount of  roadblocks that this bill  would place in                                                               
their way, would  seem insurmountable to an adult let  alone to a                                                               
teen.                                                                                                                           
                                                                                                                                
2:53:41 PM                                                                                                                    
PATRICIA  ODDEN, representing  herself, strongly  opposed HB  35.                                                               
She has  seven children and  three grandchildren and  is familiar                                                               
with the struggles a teenager  faces with pregnancy, and can only                                                               
imagine a pregnant  teenager who is afraid in  rural Alaska where                                                               
access to lawyers  and notification is much more  limited than in                                                               
urban settings. Traditional Native families  do not live like the                                                               
families that  this bill assumes;  she was raised by  parents and                                                               
spent a  long time being raised  by her grandmother. This  is not                                                               
uncommon. She  wanted to see how  her concern for the  health and                                                               
safety of teenagers in rural Alaska could be addressed.                                                                         
                                                                                                                                
2:55:47 PM                                                                                                                    
NANCY  BISHOP, representing  herself,  opposed CSHB  35. She  has                                                               
been accepted to medical school and  plans to return to Alaska to                                                               
practice  medicine. While  she supports  parental involvement  in                                                               
all  important  family decisions,  she  said  this measure  would                                                               
prevent doctors from providing the  best care for their patients.                                                               
Despite   the   best    intentions,   laws   requiring   parental                                                               
notification  or consent  for abortion  in other  states increase                                                               
the number of  later term abortions or even worse,  the number of                                                               
home remedies and back alley abortions.                                                                                         
                                                                                                                                
The doctors'  mandatory two-hour notifications to  parents over a                                                               
24-hour period and  certified letter are not in  reality going to                                                               
work. She said  that Alaskans already face  enormous obstacles in                                                               
accessing  health care,  particularly in  rural communities.  She                                                               
couldn't  see why  they would  want to  place another  barrier in                                                               
front of a teen dealing with unplanned pregnancy.                                                                               
                                                                                                                                
This bill (section  2 of the CS) also unclearly  implies that the                                                               
doctors  who  are helping  in  an  emergency situation  could  be                                                               
immediately  prosecuted  even  if  he   is  acting  in  the  best                                                               
interests of  the teen. The passage  of this bill would  make her                                                               
question her desire to return to Alaska to practice medicine.                                                                   
                                                                                                                                
2:58:48 PM                                                                                                                    
AMBER  SAWYER, President,  Voices  for  Planned Parenthood  Club,                                                               
UAA, opposed the CS  to HB 35. She said it took  her two years to                                                               
tell one  person that  she had  been raped over  a period  of six                                                               
months at age 14 when she lived  in the MatSu Valley. It took her                                                               
over four  and a half years  and eight months of  counseling just                                                               
to tell her parents that she  had been raped. She didn't know how                                                               
she would  have been able  to face  being pregnant and  trying to                                                               
get their permission at the time  - especially coming from a very                                                               
conservative Catholic family.                                                                                                   
                                                                                                                                
She had a friend who she knew since  she was 10 years old who was                                                               
being  sexually  abused  by  her  mother's  boyfriend;  they  had                                                               
reported it  at school and to  the police, and "she  was stuck in                                                               
the home  for eight years after  we first reported it  before she                                                               
was taken away from her mother."  If this bill had been in effect                                                               
then, her mother was so drunk and  her dad was out of the country                                                               
that she  wouldn't have been  able to  get permission to  have an                                                               
abortion. She  was the oldest  of four  children and was  50 lbs.                                                               
underweight when she was finally taken away from her mother.                                                                    
                                                                                                                                
MS.  SAWYER  said  she  is  21 years  old,  and  because  of  her                                                               
volunteering  and  having siblings  who  are  17  and 9,  she  is                                                               
probably  more in  touch  with  the kids  in  the second  largest                                                               
school  district in  the state  than a  lot of  people they  have                                                               
already heard  from who are  parents. She knows students  who got                                                               
pregnant in high school when  she was there who committed suicide                                                               
because  they  could  not  tell  their  parents  that  they  were                                                               
pregnant - even if it was a product of rape. She said:                                                                          
                                                                                                                                
     The problem with this bill is  not how it will apply to                                                                    
     each and every person, because  if it goes into effect,                                                                    
     the person that  it counts, that it applies  to, is the                                                                    
     one who  kills herself  because she cannot  be pregnant                                                                    
     when  she  is  13  and she  can't  handle  telling  her                                                                    
     parents.                                                                                                                   
                                                                                                                                
The  reason she  used the  age 13  is because  she volunteers  at                                                               
Providence Hospital and  has seen six girls who are  13 years old                                                               
come through in  the last nine months and  have babies, including                                                               
one who had twin girls who  were three months premature. When her                                                               
mother  was asked  to comment  afterward, instead  of saying  how                                                               
beautiful the babies were, the  mother said, "It's her own fault;                                                               
when she's 18, it's on her."                                                                                                    
                                                                                                                                
MS. SAWYER stated:                                                                                                              
                                                                                                                                
     Students in  Alaska, especially teenage  girls, already                                                                    
     face enough  issues. I  have lost count  of how  many I                                                                    
     have  seen at  the University  from in  and outside  of                                                                    
     Alaska who  were sexually  abused including  members of                                                                    
     my club and members of "The Students for Life."                                                                            
                                                                                                                                
     It's not  a matter  if you're  against abortion  or for                                                                    
     abortion  with this  bill.  It's what  to  do for  kids                                                                    
     living and  being able to  get to the point  where they                                                                    
     can  tell their  parents on  their own....This  bill is                                                                    
     just  causing  problems and  is  asking  for even  more                                                                    
     trouble than  our state already  has in  sexual assault                                                                    
     and rape.                                                                                                                  
                                                                                                                                
3:03:26 PM                                                                                                                    
ANTHONY FISHBACK, representing himself, opposed  the CS to HB 35.                                                               
He is  a father of  two children. In a  remote village in  1998 a                                                               
co-worker's 14 year  old sister became pregnant and  did not know                                                               
what do,  so she put a  walrus butchering-knife to her  belly and                                                               
tried  to remove  the child.  Both  survived for  two years.  Two                                                               
years  after the  toddler died  of  complications, she  committed                                                               
suicide.                                                                                                                        
                                                                                                                                
3:05:25 PM                                                                                                                    
DONNA  STARK, representing  herself,  opposed the  CS  to HB  35.                                                               
Asking underage  girls to  go before the  court to  explain their                                                               
situation is  a direct violation  of their right to  privacy, she                                                               
stated.  She  directed the  committee's  attention  to the  state                                                               
website about  informed consent regarding abortion  that everyone                                                               
must read and  sign that they have looked at  before they can get                                                               
an abortion.  The section about abortion  methods, under abortion                                                               
risks, states  that "generally speaking, the  earlier an abortion                                                               
is  performed,  the safer  it  is  for  the  woman. The  risk  of                                                               
complications increases  with advancing fetal age."  This applies                                                               
directly to the judicial bypass  situation where time is going to                                                               
be  wasted when  a  girl  could have  her  abortion  as early  as                                                               
possible without infringing upon her privacy.                                                                                   
                                                                                                                                
Alaskan  health care  providers  are already  required to  report                                                               
situations where  children are being  abused, raped,  and incest.                                                               
Having  people go  to court  including the  victimizer afterwards                                                               
would be appropriate.                                                                                                           
                                                                                                                                
3:08:14 PM                                                                                                                    
RICK SICKMA, representing himself, Sitka,  supported the CS to HB                                                               
35. This  bill has nothing to  do with parental violence;  it has                                                               
to  do  with  parental  control  of  their  families.  He  has  a                                                               
daughter-in-law who  was 13  years old when  she went  through an                                                               
abortion.  She still  has problems  because they  didn't properly                                                               
inform  her and  didn't  tell  her parents.  If  her parents  had                                                               
known,  she never  would have  had  that abortion  and today  she                                                               
would probably have a healthy child.                                                                                            
                                                                                                                                
MR.  SICKMA  said  he  has  been  the  president  of  the  crisis                                                               
pregnancy center in  Fairbanks for 10 years and had  to deal very                                                               
often  with young  women who  had  abortions. Every  one of  them                                                               
without  exception  either tried  to  commit  suicide or  thought                                                               
about it.                                                                                                                       
                                                                                                                                
3:10:06 PM                                                                                                                    
LISA EGAN, representing herself, totally  opposed HB 35. She is a                                                               
former  high school  teacher at  JDHS and  taught for  the Choice                                                               
Program, the program for students  at risk of not graduating. She                                                               
is a mother and she is pregnant.                                                                                                
                                                                                                                                
Her  biggest motivation  in testifying  today  is her  experience                                                               
gained by  being a teacher. As  a teacher she knows  it is really                                                               
hard to get a  hold of parents. What doctor has  the time or will                                                               
take the time to do that; and who will pay for it?                                                                              
                                                                                                                                
Some of the  kids she taught went for days  without knowing where                                                               
their parents  were -  whether they were  supportive or  not. She                                                               
said that  kids do tell  her that  their parents will  throw them                                                               
out of the house if they  tell them about being pregnant. She has                                                               
had students who would get very  upset if they have to stay after                                                               
school because, as she found out  two years later, they had to be                                                               
home to  protect their siblings from  abuse. A lot of  times they                                                               
don't tell  about abuse, because  they know they would  get taken                                                               
away  and then  they wouldn't  be able  to protect  their younger                                                               
siblings.                                                                                                                       
                                                                                                                                
MS. EGAN also  clarified that the Teen Health  Center can provide                                                               
a prescription  for birth  control, but  not the  medication. The                                                               
Teen Health Center  at the High School is a  great thing and more                                                               
of them are needed. More access to birth control is needed.                                                                     
                                                                                                                                
The time constraints  in this bill are very real  and. In her own                                                               
pregnancy,  she tried  to get  some tests  that she  couldn't get                                                               
because she couldn't get an appointment  in time - and this is in                                                               
Juneau. If  we can't  get things  done in  a timely  manner here,                                                               
it's not going to happen rurally either.                                                                                        
                                                                                                                                
Also, some  people are saying there  is harm done if  you have an                                                               
abortion, but  if you don't  have an  abortion, no harm  is done.                                                               
But  it's  not  easy  creating  a healthy  child  while  you  are                                                               
pregnant. A  parent told  her that she  didn't really  want "that                                                               
kid" so  she drank and  drank thinking it  would make her  have a                                                               
miscarriage, but it  never worked. "He just  kept living." That's                                                               
not a  healthy situation.  Teens who don't  want a  pregnancy are                                                               
not going to take vitamins. "So,  you can't just say it's healthy                                                               
if you force  someone to have a  baby, because it takes  a lot of                                                               
work."                                                                                                                          
                                                                                                                                
She asked what their motivation  was for passing this bill. Every                                                               
parent already  has the right  to talk  to their kids  about sex,                                                               
abortion and  birth control, she  said. Then she asked  them when                                                               
the last time was they did that or their constituents.                                                                          
                                                                                                                                
3:16:03 PM                                                                                                                    
SENATOR  ELLIS  asked if  she  thought  this would  increase  the                                                               
problem  of   homeless  youth,  because  that   would  present  a                                                               
potential social services  impact which is the  under the purview                                                               
of this committee.                                                                                                              
                                                                                                                                
MS. EGAN replied that from  her experience in the CHOICE program,                                                               
definitely yes. That  happens often and she has  had it confirmed                                                               
by many  parents who have told  her they have said  that to their                                                               
kids whether  they decided to  have an  abortion or not.  Many of                                                               
her  students were  "couch  surfing."  That is  one  of the  main                                                               
reasons she quit teaching.                                                                                                      
                                                                                                                                
3:17:39 PM                                                                                                                    
DAVID ROGERS, representing  himself, said he is the  father of 13                                                               
children and supported  HB 35. His wife made it  clear during her                                                               
all her pregnancies  that if her life was on  the line during the                                                               
birthing process, the child was to be saved first.                                                                              
                                                                                                                                
He had a sister-in-law who became  pregnant as a teenager and she                                                               
had a  hard time  telling her  parents. When  she did  tell them,                                                               
they advised  her they would  put the  child up for  adoption. He                                                               
and his  wife asked her to  keep the child. She  ended up keeping                                                               
the child  and about  a month  ago that  child joined  the Marine                                                               
Corp. She is  now the proud mother of five  children. It was hard                                                               
to raise that  child at the time, but it  was the right decision,                                                               
and the regret she would have  had would have been impossible for                                                               
her to live with. He concluded:                                                                                                 
                                                                                                                                
     These  are  children  that  are  being  killed;  it  is                                                                    
     America's genocide  that is going  on right now.  If we                                                                    
     don't deal with  this, I don't see how God  is going to                                                                    
     bless this country the way we constantly ask him to.                                                                       
                                                                                                                                
3:21:06 PM                                                                                                                    
SUSAN REEVES,  representing herself, opposed  HB 35. She  did not                                                               
support  parental  notification.  She  is  the  mother  of  three                                                               
children and  will be intensely  involved with  their upbringing.                                                               
She  will be  speaking them  about intelligent  decisions and  if                                                               
they  feel the  need  to make  a decision  like  this, she  would                                                               
support them  and be a  part of it. But  she hoped that  if other                                                               
children who don't  have supportive parents and  are in different                                                               
situations would be able to have  the right to make this decision                                                               
on  their  own.  She  feared  what they  would  be  dealing  with                                                               
afterwards if this bill passed.                                                                                                 
                                                                                                                                
3:22:13 PM                                                                                                                    
LAURA HORNING, representing herself,  supported CSHB 35. She said                                                               
this bill doesn't debate the  merits of abortion; the real debate                                                               
is  does the  child  have  a right  to  keep  a huge  potentially                                                               
dangerous  secret from  her parents  or  does the  parent have  a                                                               
right  to know  when their  child is  having a  major surgery  of                                                               
abortion.  Every  other  medical treatment  requires  a  parent's                                                               
signature.  It's simply  logical. When  a child  is faced  with a                                                               
decision of  this magnitude, she is  not going to make  it alone.                                                               
She will seek the advice of someone and most likely an adult.                                                                   
                                                                                                                                
3:23:39 PM                                                                                                                    
CHAIR DAVIS closed  public testimony on HB 35. She  said the bill                                                               
needs further  work and  is willing to  hold a  hearing tomorrow.                                                               
She asked the members to comment.                                                                                               
                                                                                                                                
3:24:44 PM                                                                                                                    
SENATOR DYSON  said this  bill has had  considerable work  in the                                                               
other  body. He  moved to  discharge  HB 35  from committee  with                                                               
individual recommendations. He  stated that he is  happy with its                                                               
current form.  "It's well done, but  there will be more  time for                                                               
the work to be done in Judiciary."                                                                                              
                                                                                                                                
CHAIR DAVIS expressed the view  that the bill needs further work.                                                               
As  Chair of  this committee  she hasn't  had the  opportunity to                                                               
provide input and she isn't ready to move it.                                                                                   
                                                                                                                                
SENATOR ELLIS said it's clear  that the health and social service                                                               
impacts of  this legislation have not  been adequately addressed.                                                               
"I would want more  work to be done on those  two things that are                                                               
the purview of this committee."                                                                                                 
                                                                                                                                
CHAIR DAVIS  asked if there  was objection  to moving HB  35 from                                                               
committee.                                                                                                                      
                                                                                                                                
SENATOR ELLIS objected to the motion.                                                                                           
                                                                                                                                
A roll  call vote  was taken. Senator  Dyson voted  yea; Senators                                                               
Ellis,  Thomas,  Paskvan and  Davis  voted  nay; therefore,  CSHB                                                               
35(FIN)(CT RULE FLD)(EFD FLD) failed to move from committee.                                                                    
                                                                                                                                

Document Name Date/Time Subjects