Legislature(2009 - 2010)HOUSE FINANCE 519

03/26/2009 05:00 PM FINANCE

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Audio Topic
05:15:31 PM Start
05:15:52 PM HB35
07:56:44 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
Heard & Held
-- Public Testimony --
                  HOUSE FINANCE COMMITTEE                                                                                       
                      March 26, 2009                                                                                            
                         5:15 p.m.                                                                                              
5:15:31 PM                                                                                                                    
CALL TO ORDER                                                                                                                 
Co-Chair Stoltze called the House Finance Committee meeting                                                                     
to order at 5:15 p.m.                                                                                                           
MEMBERS PRESENT                                                                                                               
Representative Mike Hawker, Co-Chair                                                                                            
Representative Bill Stoltze, Co-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                                                                                                                
Representative Bill Thomas, Jr., Vice-Chair                                                                                     
ALSO PRESENT                                                                                                                  
Representative John Coghill, Sponsor                                                                                            
PRESENT VIA TELECONFERENCE                                                                                                    
Tyler  Preston,  Juneau;  Jeannette  Lacey  Dunn,   Juneau;                                                                     
Britteny Cioni,  Juneau; Rosanne Curran, Cordova;  Jennifer                                                                     
Grimwood,  Cordova; Dr.  Jan Whitefiels,  Anchorage; Sandy                                                                      
Barette,  Wasilla;   Barbara  Reilly,  Anchorage;   Chrissa                                                                     
Phillips,  Anchorage;  Steve  Bradley,  Anchorage;  Raymond                                                                     
Rzeszut, Anchourage; Amanda  Metivier, Foster Care  Alaska,                                                                     
Anchorage; Jan  DeLand, Self, Anchorage; Christian  Rawalt,                                                                     
Self, Anchorage;  Mary Penick,  Self, Fairbanks;  Katherine                                                                     
Mowery, Self, Fairbanks; Laura Horning, Self, Mat-Su; Sarah                                                                     
Case, Fairbanks; Doug McKinnis, Mat-Su; Francesca Ridenour,                                                                     
Fairbanks; Schaeffer Cox, Fairbanks; Linda Shea, Fairbanks;                                                                     
Ruth  Ewig,  Fairbanks;  Latanya  Semones,  Fairbanks; Ken                                                                      
Thesing,  Fairbanks;  Janine  McCready,  Fairbanks;  Carol                                                                      
Wilkinson, Tok; Christine Grangaard, Tok; Sidney Glasscock,                                                                     
Anchorage;  Carol Glasscock,  Anchorage;  Anmei  Goldsmith,                                                                     
Anchorage;  Paige Hodson,  Anchorage;  Brittany  Goodnight,                                                                     
Anchorage; Molly  Beich, Anchorage; Monique Karaganis, MD,                                                                      
Polar  Pediatrics,  Anchorage;  Tiffany  D.  McClain, Self                                                                      
Anchorage; Bob Hawkins, Self, Fairbanks; Trisha Hulse, Self,                                                                    
Anchorage; Kate  Finn, Self,  Anchor  Point; Judith  Moses,                                                                     
 Self, Fairbanks; Stefanie Martin, Self, Anchorage; Stefanie                                                                    
 Latzel, Self,  Yakutat; Devon Schroeder,  Self, Anchorage;                                                                     
 Bamirse  Papraniku,   Self,  Anchorage;   Chris  Reynolds,                                                                     
 Anchorage;  Megan  Malone,  Anchorage;  Jennifer  Johnson,                                                                     
 Fairbanks; Erica  Thompson,  Kodiak;  Joelle Hall,  Peters                                                                     
 Creek; Robert  Sotherlin, Anchorage; Tanya  Pletzer, Reno,                                                                     
 GENERAL SUBJECT(S):                                                                                                          
 HB 35 - NOTICE & CONSENT FOR MINOR'S ABORTION                                                                                  
     Public Testimony                                                                                                           
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.                                                                                    
 5:15:52 PM                                                                                                                   
 TIME        SPEAKER         DISCUSSION                                                                                     
 5:15:56 PM  TYLER PRESTON,  Expressed  opposition  to  HB  35.  He                                                           
             JUNEAU          stressed     the     importance     of                                                             
             testified  via  communication  within   families.   He                                                             
             teleconference  suggested  spending   more   money  on                                                             
 5:19:39 PM JEANNETTE        Spoke against HB 35. She referenced the                                                          
             LACEY    DUNN,  2007 Supreme Court ruling and mentioned                                                            
             JUNEAU          excessive legal costs.  She suggested                                                              
             testified  via  providing   education    and    funding                                                            
             teleconference  prevention.                                                                                      
 5:21:56 PM BRITTENY         Spoke in opposition to the bill based                                                            
             CIONI,  JUNEAU  on  the  economic  ramifications.  She                                                             
             testified  via  suggested   putting   funding    toward                                                            
             teleconference  prevention.                                                                                      
             Representative Voiced appreciation for the previous                                                                
             Gara            speakers' testimonies.                                                                           
 5:26:37 PM ROSANNE          Testified in favor of HB 35. She shared                                                          
             CURRAN,         medical   procedures    that    require                                                            
             CORDOVA         parental consent and stressed parental                                                             
             testified via rights.                                                                                            
 5:28:23 PM JENNIFER         Spoke in support of HB 35. She listed                                                            
             GRIMWOOD,       ways parents support their children.                                                             
             testified via                                                                                                      
 5:30:34 PM DR.         JAN Said he was available to answer                                                                   
             WHITEFIELS,     questions.                                                                                       
            testified via                                                                                                       
            Representative Referred to page 2, lines 23 - 30,                                                                   
            Gara            regarding when a doctor would be                                                                    
                            allowed  to perform  an  abortion in  a                                                             
                            medical   emergency.  In   that   case,                                                             
                            parental  consent is  not required.  He                                                             
                            questioned  the  language  in  (B),  "a                                                             
                            serious  risk  of  medical  instability                                                             
                            caused    by    a    substantial    and                                                             
                            irreversible  impairment  of  a  bodily                                                             
            Dr. Whitefiels Explained that a physician would not                                                                 
                            necessarily  know  if  a  condition  is                                                             
                            reversible  or  not.  He   thought  the                                                             
                            problem  was   the   wording  "clinical                                                             
                            judgment", which could be challenged in                                                             
                            court and result in a criminal offense.                                                             
                            He  thought  the words  resulted  in  a                                                             
                            "grey area" and a "chilling nature". He                                                             
                            thought  it  had potential  to  harm  a                                                             
                            pregnant minor.                                                                                   
            Representative Concluded that there would be a risk of                                                              
            Gara            not   performing   an    abortion   and                                                             
                            permanently  damaging  the   minor.  He                                                             
                            asked  under  what type  of  conditions                                                             
                            that might happen.                                                                                
            Dr. Whitefiels Gave    some   examples   of   potential                                                             
                            dangerous  medical situations  such  as                                                             
                            toxemia and pre-eclampsia.                                                                        
            Representative Questioned the meaning of line 29.                                                                 
            Dr. Whitefiels Replied that the language "medical                                                                   
                            instability caused by" was not clear to                                                             
                            him and was very subjective.                                                                      
            Representative Suggested on line 27, "can perform an                                                                
            Gara            abortion if necessary to avert the                                                                  
                            minor's   death   or   to    avert   as                                                             
                            substantial risk of serious harm to the                                                             
            Dr. Whitefiels Thought it would clarify the language,                                                               
                            but it was still subjective.                                                                      
            Representative Asked Dr. Whitefiels if he had ever                                                                  
            Kelly           performed an abortion to save the                                                                   
                            mother's life  or to  avoid substantial                                                             
                            impairment to a bodily function.                                                                  
            Dr. Whitefiels Said he had.                                                                                       
5:39:39 PM  Representative  Questioned  the   48-hour  wait.     He                                                           
            Gara            wondered if it applied to any other                                                                 
                            medical  procedure. Dr. Whitefiels  did                                                             
                            not know of any others.                                                                           
5:40:30 PM  Representative  Asked  if   Dr.  Whitefiels  had   ever                                                           
             Kelly           performed an elective abortion.                                                                  
             Dr. Whitefiels Reported that he had.                                                                             
             Representative Inquired about Dr. Whitefiels' use of                                                               
             Kelly           the word "chilling".                                                                             
             Dr. Whitefiels Opined that the intent of the bill is                                                               
                             for the betterment of the pregnant                                                                 
                             minor. He explained his version of                                                                 
                             "chilling nature".                                                                               
 5:41:59 PM  Representative  Asked    if    the    category   "life                                                           
             Kelly           threatening" was rare.                                                                           
             Dr. Whitefiels Related that it was not common.                                                                   
 5:42:36 PM  Representative  Referenced page  2,  lines 28-30.   He                                                           
             Gara            wondered if the language was left                                                                  
                             unchanged, whether there was a concern                                                             
                             of permanent bodily damage to young                                                                
             Dr. Whitefiels  Commented that it was a legitimate                                                                 
                             concern, although uncommon.                                                                      
 5:43:30 PM  SANDY BARETTE,  Testified  in  favor  of  HB  35.  She                                                           
             WASILLA         thought parents should have ultimate                                                               
             testified via authority.                                                                                         
 5:46:49 PM BARBARA          Spoke against HB 35 due to the expense                                                           
             REILLY,         generated by the bill.  She opposed                                                                
             ANCHORAGE       legislating morality. She shared a                                                                 
             testified via personal story.                                                                                    
 5:50:27 PM Representative Noted that he has nine foster children.                                                            
 5:50:49 PM CHRISSA          Spoke in support of HB 35. She talked                                                            
             PHILLIPS,       about protecting parental rights.                                                                
             testified via                                                                                                      
 5:53:28 PM  STEVE BRADLEY,  Testified in  opposition to HB  35. He                                                           
             ANCHORAGE       encouraged the committee to make the                                                               
             testified via best decision based upon fact.                                                                     
 5:54:19 PM RAYMOND          Spoke in support of HB 35. He spoke of                                                           
             RZESZUT,        the parental right to consent.                                                                   
             testified via                                                                                                      
 5:57:02 PM AMANDA           Testified in opposition to HB 35. She                                                            
             METIVIER,       mentioned the trouble that children in                                                             
             FOSTER    CARE  foster  care  would  have  in   working                                                            
             ALASKA,         within the confines of the bill.                                                                 
             testified via                                                                                                      
 5:58:57 PM  Representative  Expressed concern with the  possibility                                                          
             Gara            that a person who may have no                                                                    
                            relationship or knowledge of the minor                                                              
                            could be making this decision for the                                                               
6:00:27 PM  Representative  Spoke of a  letter sent by a testifier.                                                           
            Foster          He wanted to point out that committee                                                               
                            members should be present until the                                                                 
                            testimonies are concluded.                                                                        
6:01:22 PM  JAN     DELAND, Voiced  support for HB  35. She  stated                                                           
            SELF,           that statistically breast cancer rates                                                              
            ANCHORAGE       are higher in women who had abortions                                                               
            testified   via at  a young age.  She also  cited birth                                                             
            teleconference  control  pills  as a  cause  of  breast                                                             
                            cancer in women. She  elaborated on the                                                             
                            ills and  possible health complications                                                             
                            of abortion. She  felt that the  act of                                                             
                            abortion was "against nature".                                                                    
6:06:15 PM CHRISTIAN        Spoke in support of HB 35. He felt that                                                           
            RAWALT,   SELF, the   Supreme  Court   had  overstepped                                                             
            ANCHORAGE       proper legislative channels in its                                                                  
            testified   via previous  ruling.   He  mentioned   the                                                             
            teleconference  health risks associated with abortion.                                                            
6:09:32 PM  MARY    PENICK, Spoke  in support  of HB  35. She  felt                                                           
            SELF,           that the decision to have an abortion                                                               
            FAIRBANKS       should be shared with the parents of                                                                
            testified   via the teen. She felt  that adoption was a                                                             
            teleconference  viable option.                                                                                    
6:12:10 PM KATHERINE        Spoke in support of HB 35. She shared                                                             
            MOWERY,   SELF, that  she had  been told  to abort  her                                                             
            FAIRBANKS       son. She felt that parents know what is                                                             
            testified via best for their children.                                                                            
6:13:39 PM  LAURA  HORNING, Testified  in  support of  HB  35.  She                                                           
            SELF,    MAT-SU spoke of parental responsibilities.                                                               
            testified via                                                                                                       
6:15:56 PM  SARAH     CASE, Testified  in  favor of  HB  35.    She                                                           
            FAIRBANKS       shared a personal story. She did not                                                                
            testified   via want  abusers to  get  away with  their                                                             
            teleconference  crimes.                                                                                           
6:18:30 PM  DOUG  MCKINNIS, Urged support for HB  35. He maintained                                                           
            MAT-SU          that parents should have consent.                                                                 
            testified via                                                                                                       
6:22:34 PM FRANCESCA        Shared a personal story.  She testified                                                           
            RIDENOUR,       in favor of HB 35. She spoke of                                                                     
            FAIRBANKS       parental duties.                                                                                  
            testified via                                                                                                       
6:25:20 PM  SCHAEFFER  COX, Testified in favor of HB 35. He thought                                                           
            FAIRBANKS       the issues related to the pregnancy                                                                 
            testified   via should  be examined.    He was  not  in                                                             
            teleconference  favor  of  education  as   a  means  of                                                             
 6:29:23 PM  LINDA    SHEA,  Spoke of loss  of parental rights. She                                                           
             FAIRBANKS       testified in favor of the bill. She                                                                
             testified via shared a personal story.                                                                           
 6:31:44 PM RUTH      EWIG, Noted she was pro-family. She testified                                                           
             FAIRBANKS       in favor of HB 35.                                                                               
             testified via                                                                                                      
 6:34:54 PM LATANYA          Spoke from a rural Native perspective.                                                           
             SEMONES,        She urged opposition to the bill. She                                                              
             FAIRBANKS       emphasized the value of prevention                                                                 
             testified via education.                                                                                         
 6:36:35 PM  KEN   THESING,  Testified  in  support of  HB  35.  He                                                           
             FAIRBANKS       termed the family "the sovereign                                                                   
             testified via nation".                                                                                           
 6:40:47 PM JANINE           Urged support for HB 35. She spoke of                                                            
             MCCREADY,       the emotional complexities of abortion.                                                          
             testified via                                                                                                      
 6:43:50 PM CAROL            Testified in support of HB 35. She                                                               
             WILKINSON, TOK  discussed    the    emotional    trauma                                                            
             testified  via  associated with abortions. She  thought                                                            
             teleconference  that the minor  would benefit from the                                                             
                             support of her parents.                                                                          
 6:44:20 PM CHRISTINE        Spoke in support of HB 35. She stated                                                            
             GRANGAARD, TOK  that she found the language in the bill                                                            
             testified  via  generous   and   accommodating   toward                                                            
             teleconference  minors.                                                                                          
 6:46:15 PM SIDNEY           Expressed support for HB 35. He                                                                  
             GLASSCOCK,      stressed parental rights.                                                                        
             testified via                                                                                                      
 6:48:33 PM CAROL            Voiced support for HB 35. She believed                                                           
             GLASSCOCK,      that a minor is not a woman and should                                                             
             ANCHORAGE       have parental consent to have an                                                                   
             testified via abortion.                                                                                          
 6:50:25 PM ANMEI            Testified in opposition to HB 35.  She                                                           
             GOLDSMITH,      maintained that if the bill passes, it                                                             
             ANCHORAGE       would be overruled. She wondered how to                                                            
             testified via involve the fathers of the unborn.                                                                 
             Co-Chair        Pointed out that the sponsor suggested                                                             
             Stoltze         involving the fathers.                                                                           
 6:53:01 PM  PAIGE  HODSON,  Spoke  in  opposition to  HB  35.  She                                                           
             ANCHORAGE       talked of the expense involved with                                                                
             testified  via  this  legislation. She  spoke  of  the                                                             
             teleconference  burden to  the  courts  and  to  foster                                                          
                            care. She emphasized the need for                                                                   
6:57:51 PM BRITTANY         Testified against HB 35. She spoke of                                                             
            GOODNIGHT,      the expenses related to the bill. She                                                               
            ANCHORAGE       voiced concern with the judicial                                                                    
            testified via bypass.                                                                                             
7:00:59 PM  MOLLY    BEICH, Spoke in support of HB 35. She shared a                                                           
            ANCHORAGE       personal story.                                                                                   
            testified via                                                                                                       
7:03:40 PM MONIQUE          Spoke in opposition to HB 35. She felt                                                            
            KARAGANIS,  MD, that  teens   who  could  not   get  an                                                             
            POLAR           abortion in-state would seek out second                                                             
            PEDIATRICS,     trimester abortions out-of-state.                                                                 
            testified via                                                                                                       
7:06:29 PM TIFFANY       D. Expressed opposition for HB 35. She                                                               
            MCCLAIN,   SELF stressed that  the bill  endangered the                                                             
            ANCHORAGE       well being of teenage girls in Alaska.                                                              
            testified   via She  spoke in support  of comprehensive                                                             
            teleconference  sexual education throughout the state.                                                            
7:08:48 PM  BOB    HAWKINS, Voiced support for HB  35. He mentioned                                                           
            SELF,           that some of these pregnancies may be                                                               
            FAIRBANKS       as a result of statutory rape. He felt                                                              
            testified   via that the bill  upheld family values. He                                                             
            teleconference  expressed concern  that older men  were                                                             
                            preying on underage minors. He voiced                                                               
                            that the issue was one of common sense.                                                           
7:12:38 PM  TRISHA   HULSE, Expressed  opposition  to  HB  35.  She                                                           
            SELF,           stresses that not all minors have                                                                   
            ANCHORAGE       caring adults to help then navigate                                                                 
            testified   via through the  choices abortion presents.                                                             
            teleconference  She  felt that  children in the  system                                                             
                            would suffer most.                                                                                
7:14:22 PM KATE       FINN, Testified in opposition to HB 35. She                                                             
            SELF,    ANCHOR shared stories  of supportive families.                                                             
            POINT           She countered that sometimes the family                                                             
            testified   via members of  the minor are  more harmful                                                             
            teleconference  than   helpful.   She   stressed   that                                                             
                            sometimes the support the child needs                                                               
                            cannot be found within the family                                                                   
7:19:21 PM  JUDITH   MOSES, Spoke in opposition to HB  35. She felt                                                           
            SELF,           that families with an open dialogue do                                                              
            FAIRBANKS       not need this bill. She felt that the                                                               
            testified   via court process  the bill  presents could                                                             
           teleconference  be intimidating to minors.                                                                         
7:20:47 PM STEFANIE         Testified in opposition to HB 35. She                                                             
            MARTIN,   SELF, expressed concern with the  time limits                                                             
            ANCHORAGE       presented in the bill.                                                                            
            testified via                                                                                                       
 7:22:24 PM STEFANIE         Expressed opposition to HB 35. She                                                               
             LATZEL,  SELF,  stressed that  parents are  not  always                                                            
             YAKUTAT         available to help with decision making                                                             
             testified  via  and   that   not   all   families  are                                                             
             teleconference traditional families.                                                                             
 7:23:32 PM DEVON            Spoke in opposition of HB 35. Stressed                                                           
             SCHROEDER,      that   Planned   Parenthood  was   not                                                             
             SELF,           availably primarily for abortions but                                                              
             ANCHORAGE       helped in providing affordable health                                                              
             testified  via  care.  She  felt  that  choices  should                                                            
             teleconference  start at  home,  but that  young women                                                             
                             should be allowed to make their own                                                                
 7:26:35 PM BAMIRSE          Expressed opposition for HB 35. She                                                              
             PAPRANIKU,      expressed concern for minors without                                                               
             SELF,           strong family support to begin with.                                                               
             ANCHORAGE       She advocated for sex education.                                                                 
             testified via                                                                                                      
 7:29:42 PM CHRIS            Spoke of his work as a mental health                                                             
             REYNOLDS,       therapist.  He testified in opposition                                                             
             ANCHORAGE       to HB 35. He discussed the difference                                                              
             testified  via  between   parental   notification  and                                                             
             teleconference  parental  consent.  He  spoke  of  his                                                             
                             experience as a foster parent of at-                                                               
                             risk children.                                                                                   
 7:33:16 PM  MEGAN  MALONE,  Testified against HB 35.  She spoke of                                                           
             ANCHORAGE       the costs involved when a teen is                                                                  
             testified via forced to have a child.                                                                            
 7:35:45 PM JENNIFER         Spoke in favor of HB 35. She pointed                                                             
             JOHNSON,        out that teen pregnancy is on the rise                                                             
           FAIRBANKS       in spite of sex education.                                                                         
             testified via                                                                                                      
 7:37:36 PM ERICA            Voiced opposition to HB 35. She shared                                                           
             THOMPSON,       a personal experience. She listed the                                                              
             KODIAK          difficulties of being a teen parent.                                                             
             testified via                                                                                                      
 7:41:24 PM  JOELLE   HALL,  Testified in opposition to  HB 35. She                                                           
             PETERS   CREEK  detailed  her  role as   a  parent and                                                             
             testified  via  emphasized the right of her daughter to                                                            
             teleconference  make    her    own    choices    about                                                             
                             reproduction. She argued that there is                                                             
                             no correlation between abortion and any                                                            
                             other medical procedure.                                                                         
 7:45:21 PM ROBERT           Spoke in opposition to HB 35. The bill                                                           
             SOTHERLIN,      is not needed in healthy homes.  He                                                                
             ANCHORAGE       supported sex education.                                                                         
             testified via                                                                                                      
7:47:22 PM TANYA PLETZER, Testified in support of HB 35. She                                                                  
            RENO,    NEVADA shared a personal story.                                                                          
            testified via                                                                                                       
7:56:44 PM Representative Noted a memo from March 26, 2009, in                                                                
            Gara            the members' packets.                                                                             
The meeting                                                                                                                     
at 7:56 PM                                                                                                                      

Document Name Date/Time Subjects