Legislature(2009 - 2010)HOUSE FINANCE 519

03/25/2009 06:30 PM FINANCE


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06:34:35 PM Start
06:35:48 PM HB35
07:59:59 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+= HB 35 NOTICE & CONSENT FOR MINOR'S ABORTION TELECONFERENCED
Heard & Held
-- Public Testimony --
                   HOUSE FINANCE COMMITTEE                                                                                      
                       March 25, 2009                                                                                           
                          6:34 p.m.                                                                                             
                                                                                                                                
 6:34:35 PM                                                                                                                   
                                                                                                                                
 CALL TO ORDER                                                                                                                
                                                                                                                                
 Co-Chair Stoltze called the House Finance Committee meeting                                                                    
 to order at 6:34 p.m.                                                                                                          
                                                                                                                                
 MEMBERS PRESENT                                                                                                              
                                                                                                                                
 Representative Mike Hawker, Co-Chair                                                                                           
 Representative Bill Stoltze, Co-Chair                                                                                          
 Representative Bill Thomas Jr., Vice-Chair                                                                                     
 Representative Allan Austerman                                                                                                 
 Representative Harry Crawford                                                                                                  
 Representative Anna Fairclough                                                                                                 
 Representative Richard Foster                                                                                                  
 Representative Les Gara                                                                                                        
 Representative Reggie Joule                                                                                                    
 Representative Mike Kelly                                                                                                      
 Representative Woodie Salmon                                                                                                   
                                                                                                                                
 MEMBERS ABSENT                                                                                                               
                                                                                                                                
 None                                                                                                                           
                                                                                                                                
 ALSO PRESENT                                                                                                                 
                                                                                                                                
 Marina Lindsey, Juneau; Caroline Schultz, Chugiak                                                                              
                                                                                                                                
 PRESENT VIA TELECONFERENCE                                                                                                   
                                                                                                                                
 Theda Pittman,  Anchorage; Clover  Simon,  Anchorage, Vice                                                                     
 President, Alaska for  Planned Parenthood Great Northwest;                                                                     
 Katherine Brown, Anchorage; Kathleen Dam, Anchorage; Jeffrey                                                                   
 Mittman, Anchorage, Alaska Civil Liberties; Kay Lahdenpera,                                                                    
 Anchorage; Karen Lewis, Executive Director for Alaska Right-                                                                   
 to-Life, Mat-Su;  Barrett  Fletcher,  Homer; James  Kennon                                                                     
 Spiers, Fairbanks; Tammie Wilson, Fairbanks; Debbie Joslin,                                                                    
 Delta  Junction;  Nancy  Bishop,  Anchorage;  Robin  Ford,                                                                     
 Anchorage; Shawn Beck, Substance Abuse Counselor, Ketchikan;                                                                   
 Meghan Gaughan, Student, UAA; Roger Owens, Retired Military                                                                    
 Officer, Anchorage; Patricia Stoll, Wasilla; Amy Devereux,                                                                     
 Anchorage; Patricia Odden, Wasilla;  Nikki Hunter, Salcha;                                                                     
 Bruce Lalonde, Anchorage; Deb Schultz, Chugiak; Kate West,                                                                     
 Fairbanks; Cheryl Humme, Barrow; Kathy Forest, Anchorage                                                                       
                                                                                                                                
 GENERAL SUBJECT(S):                                                                                                          
                                                                                                                                
The following overview was taken in log note format.                                                                            
Handouts will be on file with the House Finance Committee                                                                       
through the 26th Legislative Session, contact 465-6814.                                                                         
After the 26th Legislative Session they will be available                                                                       
through the Legislative Library at 465-3808.                                                                                    
                                                                                                                                
 HOUSE BILL NO. 35                                                                                                              
     "An Act relating to notice and consent for a minor's                                                                       
     abortion; relating to penalties for performing an                                                                          
     abortion; relating to a judicial bypass procedure for                                                                      
     an abortion; relating to coercion of a minor to have an                                                                    
     abortion; relating to reporting of abortions performed                                                                     
     on minors; amending Rule 220, Alaska Rules of Appellate                                                                    
     Procedure, and Rule 20, Alaska Probate Rules, relating                                                                     
     to judicial bypass for an abortion; and providing for                                                                      
     an effective date."                                                                                                        
                                                                                                                                
 PUBLIC TESTIMONY                                                                                                               
                                                                                                                                
 TIME        SPEAKER         DISCUSSION                                                                                     
 6:35:48 PM MARINA           Spoke against HB 35. She spoke of money                                                          
             LINDSEY,        lost in a previous bill. She believed                                                              
             JUNEAU,         this bill will hurt many children who                                                              
                             are already  vulnerable. She hoped  for                                                            
                             teen education to prevent pregnancy.                                                             
 6:38:47 PM CAROLINE         Expressed opposition to HB 35. She did                                                           
             SCHULTZ,        not believe this to be a judicial way                                                              
             CHUGIAK,        to spend funds. She believed this an                                                               
                             inequity issue  between city and  rural                                                            
                             young people.                                                                                    
 6:42:15 PM Representative Expressed that just because committee                                                              
             Gara            members do not ask questions it does                                                               
                             not  mean  that  they  are  not  paying                                                            
                            attention.                                                                                        
 6:43:22 PM THEDA PITTMAN, Spoke against HB 35. She thought the                                                               
             ANCHORAGE       bill was misguided. She believed more                                                              
             testified  via  planning  should  be  offered  in  teen                                                            
             teleconference  pregnancy  education.  She   considered                                                            
                             this  bill  against  the  will  of  the                                                            
                             people.   She    stressed   that    the                                                            
                             legislature    should    use     fiscal                                                            
                             responsibility wisely.                                                                           
 6:46:59 PM CLOVER SIMON, Spoke against HB 35. She clarified                                                                  
             ANCHORAGE,      misinformation on various birth control                                                            
             VICE            medicines. She corrected the number of                                                             
             PRESIDENT,      teens that access abortion services in                                                             
             ALASKA     FOR Alaska. She declared about 90 percent                                                               
             PLANNED         of teens do involve their parents in                                                               
             PARENTHOOD      the   decision.   She   noted   Planned                                                            
             GREAT           Parenthood is in the business of                                                                   
             NORTHWEST       preventing   pregnancy   by   supplying                                                            
             testified  via  information and birth control. It  does                                                            
             teleconference  not promote abortion, but is  a service                                                            
                             for people in need. She noted the great                                                          
                             expense to those from rural areas.                                                               
 6:51:46 PM  Representative  Voiced  his  concern  on  the  48  hour                                                          
             Gara            waiting period and he wanted to know                                                               
                             when young women first realize they are                                                            
                             pregnant.                                                                                        
 6:52:47 PM  Clover Simon    Acknowledged that women  under the  age                                                          
                             of 17 often have  later term abortions,                                                            
                                       th                                                                                       
                             in the  10  week. Adding  on a 48  hour                                                            
                             wait period  could push  them over  the                                                            
                             first trimester  which would require  a                                                            
                             trip to Seattle.                                                                                 
                                                       th                                                                       
 6:53:37 PM  Representative  Wanted to know  if the  10  week is  an                                                          
                                                         th                                                                     
             Gara            average or some in the 10 week. He                                                                 
                             asked if  this is  on the  edge of  the                                                            
                             first trimester.                                                                                 
             Clover Simon    Agreed this is the on the edge of the                                                              
                             first trimester. The first trimester in                                                            
                             Alaska is considered to 13 weeks and  6                                                            
                             days.                                                                                            
 6:54:10 PM  Representative  Asked for  clarification if  it was  an                                                          
             Gara            average of 10 weeks.                                                                             
             Clover Simon    Replied it was on average 10 weeks.                                                              
 6:54:23 PM KATHERINE        Spoke against HB 35. She believed that                                                           
             BROWN,          this bill was based on false logic. She                                                            
             ANCHORAGE       also indicated this was a misuse of the                                                            
             testified via states money.                                                                                      
             teleconference                                                                                                     
 6:55:08 PM  KATHLEEN  DAM,  Testified in opposition  to HB 35.  She                                                          
             ANCHORAGE       promoted sex education as a way to                                                                 
             testified via prevent teen pregnancy.                                                                            
             teleconference                                                                                                     
 6:56:48 PM JEFFREY          Expressed opposition to HB 35. He                                                                
             MITTMAN,        expressed the needless financial risk                                                              
             ANCHORAGE,      to the state. He spoke of harm to teens                                                            
             ALASKA   CIVIL  but  this would  not harm  the  parent-                                                            
             LIBERTIES       child relationship. He warned of the                                                               
             testified  via  risk  that   young  women  would   seek                                                            
             teleconference  illegal dangerous abortions.                                                                     
 7:00:47 PM Representative Asked if Mr. Mittman was an attorney.                                                              
             Gara                                                                                                               
 7:01:00 PM Jeffrey          Answered yes he was.                                                                             
             Mittman                                                                                                            
 7:01:04 PM  Representative  Asked which provisions in this bill are                                                          
             Gara            believed to be unconstitutional.                                                                 
 7:01:21 PM Jeffery          Noted that the Alaska Supreme Court                                                              
             Mittman         looked at the issue of privacy                                                                     
                             protected  under   the   Alaska   State                                                            
                             Constitution.                                                                                    
 7:02:14 PM  Representative  Questioned  if  the  48   hour  waiting                                                          
             Gara            period was unconstitutional.                                                                     
 7:02:28 PM Jeffrey          Noted the courts would like to look at                                                           
             Mittman         the realistic impact. In a state like                                                            
                             Alaska  there  are  problems  with  the                                                            
                             infrastructure, travel  and  resources.                                                            
                             The realities of Alaska is that  the 48                                                            
                             hour waiting period would be  looked at                                                            
                             by the  courts as a  barrier or bar  so                                                            
                             the  teen  is  restricted  from  needed                                                            
                             medical care.                                                                                    
 7:03:02 PM  Representative  Asked if  any  other provisions  caused                                                          
             Gara            concern to the Alaska Constitution.                                                              
 7:03:22 PM Jeffery          Pointed out that the way the judicial                                                            
             Mittman         bypass is written that a teen get a                                                                
                             notarized    statement     which     is                                                            
                             corroborated by another individual. The                                                            
                             court could look at these as reasonable                                                            
                             but restrictive as a bar and  the court                                                            
                             could    look    at    this    as    an                                                            
                             unconstitutional invasion of the teen's                                                            
                             privacy.                                                                                         
 7:04:07 PM Co-Chair         Asked if there were any good faith                                                               
             Stoltze         efforts that were improvements on the                                                              
                             part of the sponsor's work.                                                                      
 7:04:14 PM Jeffrey          Agreed this is good faith effort in the                                                          
             Mittman         attempt    to    foster    parent-child                                                            
                             communication, but as written with  the                                                            
                             numerous  bars   to   teens   accessing                                                            
                             medical care,  the  harms far  outweigh                                                            
                             any good intentions.                                                                             
 7:04:52 PM KAY              Expressed opposition to HB 35 and                                                                
             LAHDENPERA,     feared self abortion rising again. She                                                             
             ANCHORAGE       voiced her concern for the young people                                                            
             testified via in Alaska.                                                                                         
             teleconference                                                                                                     
 7:08:37 PM  KAREN   LEWIS,  Spoke  in   support  of   HB  35.   She                                                          
             EXECUTIVE       applauded the legislature for this                                                                 
             DIRECTOR   FOR  bill. She reported about 40  percent of                                                            
             ALASKA  RIGHT-teens   have  abortions without  parent's                                                            
             TO-LIFE,  MAT-consent.   She believed parents should be                                                            
             SU    testified involved in  all issues concerning  the                                                            
             via             teen. She warned of the psychological                                                              
             teleconference  and  physical  damaging   issues  after                                                            
                             abortion.   She   provided   statistics                                                            
                             supporting her beliefs.                                                                          
 7:14:54 PM BARRETT          Spoke against HB 35. He observed that                                                            
             FLETCHER,       the fiscal note will be challenged in                                                              
             HOMER           court and all Alaskans will be paying                                                              
             testified via for the beliefs of a few.                                                                          
             teleconference                                                                                                     
 7:16:27 PM  JAMES   KENNON  Spoke in support of HB 35. He indicated                                                          
             SPIERS,         how upset he would be if his daughter                                                              
             FAIRBANKS       had an abortion without his knowledge.                                                           
             testified via                                                                                                      
             teleconference                                                                                                     
 7:18:46 PM  TAMMIE  WILSON, Spoke in support  of HB 35. She  agreed                                                          
             FAIRBANKS       that parents should be consulted before                                                            
             testified via an abortion happens.                                                                               
             teleconference                                                                                                     
 7:20:35 PM  Representative  Commended  the last  two  speakers  for                                                          
             Gara            voicing    their    opinions    without                                                            
                             attacking those with different beliefs.                                                          
 7:21:52 PM  DEBBIE  JOSLIN, Spoke in support of HB 35. She believed                                                          
             DELTA  JUNCTION the  rights of  parents  needed  to  be                                                            
             testified  via  instituted into  law.  She believed  it                                                            
             teleconference  protects  young  people  against  their                                                            
                             immaturity.  She  stressed  that  young                                                            
                             women are at risk  from predatory males                                                            
                             who may force them to have an abortion.                                                          
 7:26:34 PM  NANCY   BISHOP, Spoke  against HB  35.  She  maintained                                                          
             ANCHORAGE       that many young people do not come from                                                            
             testified  via  supportive  homes.  She  expressed  the                                                            
             teleconference  fear of back alley dangerous abortions.                                                            
                             She regarded sex education as  a better                                                            
                             way to spend the state's money.                                                                  
 7:29:38 PM  ROBIN    FORD,  Testified against  HB  35. She  pointed                                                          
             ANCHORAGE       out that parental consent would not                                                                
             testified  via  prevent abortion. She suggested a state                                                            
             teleconference  mandated sex education program.                                                                  
 7:31:42 PM  SHAWN    BECK,  Expressed  opposition  to  HB  35.  She                                                          
             SUBSTANCE       revealed that teens often do not have a                                                            
             ABUSE           close or healthy parental bond. She                                                                
             COUNSELOR,      believed if a road block existed, many                                                             
             KETCHIKAN       would seek desperate measures. She                                                                 
             testified  via  stressed  that   not  everyone  has   a                                                            
             teleconference  perfect family and putting  policy were                                                            
                             it does not belong. She noted  that the                                                            
                             bill    had    already    been    found                                                            
                             unconstitutional.  She  suggested  that                                                            
                             money should be directed toward solving                                                            
                             the problem by providing  sex education                                                            
                            for teens.                                                                                        
 7:32:58 PM MEGHAN           Spoke against HB 35 and stated concerns                                                          
             GAUGHAN,        about the costs to the state of                                                                    
             STUDENT,   UAA  contesting the constitutionality of the                                                            
             testified  via  bill.  She  feared  young  women  would                                                            
             teleconference  resort to unsafe abortion  options. She                                                            
                             shared experiences with women in  rural                                                            
                             communities  and  thought  the  48-hour                                                            
                             notice was unjust especially in  remote                                                            
                             areas.                                                                                           
 7:36:24 PM  ROGER   OWENS,  Testified   in   opposition   to    the                                                          
             RETIRED         legislation on behalf of himself and                                                               
             MILITARY        his daughters. He would not force his                                                              
             OFFICER,        daughters to have a child they did not                                                             
             ANCHORAGE       want, nor would he force them to have                                                              
             testified  via  an  abortion.  He  had  concerns  about                                                            
             teleconference  court costs and other future costs.                                                              
 7:40:22 PM  Representative  Acknowledged her  connection  with  and                                                          
             Fairclough      respect for Mr. Owens.                                                                           
 7:40:51 PM PATRICIA         Expressed opposition to HB 35 because                                                            
             STOLL,  WASILLA of  unconstitutionality.  She  did  not                                                            
             testified  via  believe    communication    could    be                                                            
             teleconference  legislated. In  addition,  the  48-hour                                                            
                             waiting period is wrong.                                                                         
 7:42:30 PM  AMY   DEVEREUX, Spoke  in  opposition  to  HB  35.  She                                                          
             ANCHORAGE       described her personal experience as a                                                             
             testified  via  young person. She noted the  high rates                                                            
             teleconference  of  child  abuse  in  Alaska   and  the                                                            
                             difficulty of  some  teens in  speaking                                                            
                             with parents.  She was concerned  about                                                            
                             court costs in a weak economy.                                                                   
 7:45:10 PM PATRICIA         Urged opposition to HB 35 as a mother                                                            
             ODDEN,  WASILLA and grandmother. She  thought teens  in                                                            
             testified  via  danger  in  a  village  would  not  get                                                            
             teleconference  necessary   and    expensive    medical                                                            
                             attention.   She    called   for    sex                                                            
                            education.                                                                                        
 7:46:37 PM  NIKKI   HUNTER, Voiced support in  HB 35. She  believed                                                          
             SALCHA          this bill would protect young woman who                                                            
             testified  via  want  to   keep  their  children.   She                                                            
             teleconference  thought teens going in for  a pregnancy                                                            
                             test would  be  offered hormonal  birth                                                            
                             control without  the education that  it                                                            
                             does  not  protect  against  STDs.  She                                                            
                             thought parents could  educate children                                                            
                             and guide their children better if they                                                            
                             were involved.                                                                                   
 7:49:47 PM  BRUCE  LALONDE, Spoke in support of HB 35. He  noted as                                                          
             ANCHORAGE       a foster parent, he believed young                                                                 
             testified  via  children under 17 are not mature enough                                                            
             teleconference  to make their own decisions.                                                                     
 7:50:51 PM  DEB    SCHULTZ, Testified in opposition  to HB 35.  She                                                          
             CHUGIAK         considered this a bad fiscal choice for                                                            
             testified  via  the time. She  honored her children  to                                                            
             teleconference  make reliable choices.                                                                           
 7:52:46 PM KATE      WEST, Spoke against HB 35. She believed that                                                            
             FAIRBANKS       most young people would inform their                                                               
             testified  via  parents, but  if they did  not, it  was                                                            
             teleconference  usually for a very good reason.                                                                  
 7:54:28 PM AT EASE                                                                                                           
 7:55:23 PM RECONVENED                                                                                                        
 7:55:27 PM  CHERYL  HUMME,  Testified in opposition  to HB 35.  She                                                          
             BARROW          believed every child should be a wanted                                                            
             testified  via  child.  She  advocated  that  more  sex                                                            
             teleconference  education as a better way to  spend the                                                            
                             state's money. She believed  this would                                                            
                             put some families at greater danger.                                                             
 7:59:59 PM  KATHY   FOREST, Spoke against HB  35. She thought  this                                                          
             ANCHORAGE       bill would hurt those young people who                                                             
             testified  via  do  not  have  the  support   of  their                                                          
             teleconference  parents. She thought the money could be                                                            
                             better spent on education.                                                                       
                                                                                                                              
 ADJOURNMENT                                                                                                                  
                                                                                                                                
 The meeting was adjourned at 8:02 PM                                                                                           
                                                                                                                                

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