Legislature(1999 - 2000)

03/28/2000 03:11 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
               HOUSE HEALTH, EDUCATION AND SOCIAL                                                                               
                   SERVICES STANDING COMMITTEE                                                                                  
                         March 28, 2000                                                                                         
                            3:11 p.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Fred Dyson, Chairman                                                                                             
Representative Jim Whitaker                                                                                                     
Representative Joe Green                                                                                                        
Representative Carl Morgan                                                                                                      
Representative Allen Kemplen                                                                                                    
Representative John Coghill                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative Tom Brice                                                                                                        
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 270                                                                                       
"An Act relating to sexual assault and sexual abuse and to                                                                      
payment for certain examinations in cases of alleged sexual                                                                     
assault or sexual abuse."                                                                                                       
                                                                                                                                
     - MOVED CSSSHB 270(HES) OUT OF COMMITTEE                                                                                   
                                                                                                                                
SENATE CONCURRENT RESOLUTION NO. 15                                                                                             
Relating to Alcohol-Related Birth Defects Awareness Weeks.                                                                      
                                                                                                                                
     - MOVED SCR 15 OUT OF COMMITTEE                                                                                            
                                                                                                                                
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 329                                                                                       
"An  Act  relating  to  services   and  information  available  to                                                              
pregnant women  and other persons; and requiring  informed consent                                                              
and a 24-hour  waiting period before an abortion  may be performed                                                              
unless there is a medical emergency."                                                                                           
                                                                                                                                
     - MOVED CSSSHB 329(HES) OUT OF COMMITTEE                                                                                   
                                                                                                                                
HOUSE BILL NO. 301                                                                                                              
"An Act relating to the education of exceptional children; and                                                                  
providing for an effective date."                                                                                               
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB 270                                                                                                                  
SHORT TITLE: SEXUAL ASSAULT & SEXUAL ABUSE                                                                                      
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/10/00      1890     (H)  PREFILE RELEASED 1/7/00                                                                             
 1/10/00      1890     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 1/10/00      1890     (H)  STA, HES, FIN                                                                                       
 1/21/00      1976     (H)  COSPONSOR(S): KERTTULA                                                                              
 2/16/00      2224     (H)  COSPONSOR(S): SMALLEY                                                                               
 2/18/00      2236     (H)  SPONSOR SUBSTITUTE INTRODUCED                                                                       
 2/18/00      2237     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/18/00      2237     (H)  STA, HES, FIN                                                                                       
 3/07/00               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
 3/07/00               (H)  Scheduled But Not Heard                                                                             
 3/09/00               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
 3/09/00                    (H)  Moved CSSSHB 270(STA) Out of                                                                   
                            Committee                                                                                           
 3/09/00               (H)  MINUTE(STA)                                                                                         
 3/15/00      2487     (H)  STA RPT CS(STA) NT 4DP                                                                              
 3/15/00      2487     (H)  DP: JAMES, GREEN, HUDSON, OGAN                                                                      
 3/15/00      2488     (H)  ZERO FISCAL NOTE (DPS)                                                                              
 3/16/00               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
 3/16/00               (H)  Scheduled But Not Heard                                                                             
 3/23/00               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
 3/23/00               (H)  Heard & Held                                                                                        
 3/23/00               (H)  MINUTE(HES)                                                                                         
 3/28/00               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
                                                                                                                                
BILL: SCR 15                                                                                                                  
SHORT TITLE: ALCOHOL-RELATED BIRTH DEFECTS AWARENESS                                                                            
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/15/00      2302     (S)  READ THE FIRST TIME - REFERRALS                                                                     
 2/15/00      2302     (S)  HES                                                                                                 
 2/21/00               (S)  HES AT  1:30 PM BUTROVICH 205                                                                       
 2/21/00               (S)  Moved Out of Committee                                                                              
 2/21/00               (S)  MINUTE(HES)                                                                                         
 2/22/00               (S)  RLS AT 12:00 PM FAHRENKAMP 203                                                                      
 2/22/00               (S)  MINUTE(RLS)                                                                                         
 2/22/00      2378     (S)  HES RPT 5DP                                                                                         
 2/22/00      2378     (S)  DP: MILLER, WILKEN, PEARCE, ELTON,                                                                  
 2/22/00      2378     (S)  PETE KELLY                                                                                          
 2/22/00      2378     (S)  ZERO FISCAL NOTE (S.HES)                                                                            
 2/23/00      2393     (S)  RLS TO CALENDAR W/CS 2/23/00                                                                        
                            SAME TITLE                                                                                          
 2/23/00      2393     (S)  PREVIOUS ZERO FN (S.HES)                                                                            
 2/23/00      2394     (S)  READ THE SECOND TIME                                                                                
 2/23/00      2394     (S)  RLS CS ADOPTED UNAN CONSENT                                                                         
 2/23/00      2394     (S)  COSPONSOR(S): HOFFMAN, TAYLOR, ADAMS,                                                               
 2/23/00      2394     (S)  WARD, ELTON, ELLIS, MACKIE                                                                          
 2/23/00      2394     (S)  PASSED Y18 N- E1 A1    CSSCR 15(RLS)                                                                
 2/23/00      2394     (S)  KELLY, TIM NOTICE OF RECONSIDERATION                                                                
 2/24/00      2411     (S)  RECON TAKEN UP - IN THIRD READING                                                                   
 2/24/00      2411     (S)  PASSED ON RECONSIDERATION Y20 N-                                                                    
 2/24/00      2414     (S)  TRANSMITTED TO (H)                                                                                  
 2/25/00      2297     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/25/00      2297     (H)  HES                                                                                                 
 3/28/00               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
                                                                                                                                
BILL: HB 329                                                                                                                  
SHORT TITLE: INFO AND INFORMED CONSENT FOR ABORTION                                                                             
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/02/00      2064     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/02/00      2064     (H)  HES, JUD, FIN                                                                                       
 2/04/00      2104     (H)  COSPONSOR(S): KOHRING                                                                               
 2/09/00      2156     (H)  COSPONSOR(S): DYSON, OGAN                                                                           
 2/16/00      2207     (H)  SPONSOR SUBSTITUTE INTRODUCED                                                                       
 2/16/00      2207     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/16/00      2207     (H)  HES, JUD, FIN                                                                                       
 3/21/00               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
 3/21/00               (H)  Heard & Held                                                                                        
 3/21/00               (H)  MINUTE(HES)                                                                                         
 3/28/00               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
REPRESENTATIVE ERIC CROFT                                                                                                       
Alaska State Legislature                                                                                                        
Capitol Building, Room 400                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Sponsor of SSHB 270.                                                                                       
                                                                                                                                
HOLLY HEMMING, Intern                                                                                                           
   for Senator Georgianna Lincoln                                                                                               
Alaska State Legislature                                                                                                        
Capitol Building, Room 11                                                                                                       
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Presented sponsor statement for SCR 15.                                                                    
                                                                                                                                
SENATOR GEORGIANNA LINCOLN                                                                                                      
Alaska State Legislature                                                                                                        
Capitol Building, Room 11                                                                                                       
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Testified on SCR 15.                                                                                       
                                                                                                                                
DR. COLLEEN MURPHY                                                                                                              
2811 Illiamna                                                                                                                   
Anchorage, Alaska  99517                                                                                                        
POSITION STATEMENT:  Testified against  HB 329.                                                                                 
                                                                                                                                
DR. JAN WHITEFIELD                                                                                                              
4115 Lake Otis Parkway                                                                                                          
Anchorage, Alaska  99508                                                                                                        
POSITION STATEMENT:  Testified on HB 329.                                                                                       
                                                                                                                                
KATE LINDHOLM                                                                                                                   
PO Box 6063                                                                                                                     
Sitka, Alaska  99835                                                                                                            
POSITION STATEMENT:  Testified against  HB 329.                                                                                 
                                                                                                                                
COLETTE CASAVANT                                                                                                                
307 Charteris Street                                                                                                            
Sitka, Alaska  99835                                                                                                            
POSITION STATEMENT:  Testified against  HB 329.                                                                                 
                                                                                                                                
JANE ALBERTS                                                                                                                    
Kachemak Bay Family Planning Clinic                                                                                             
3851 Main Street                                                                                                                
Homer, Alaska  99603                                                                                                            
POSITION STATEMENT:  Testified against  HB 329.                                                                                 
                                                                                                                                
ADENA WHEELES                                                                                                                   
4110 Debarr Road, Space G 21                                                                                                    
Anchorage, Alaska  99508                                                                                                        
POSITION STATEMENT:  Testified against  HB 329.                                                                                 
                                                                                                                                
MCKENZIE WHEELES                                                                                                                
4110 Debarr Road, Space G 21                                                                                                    
Anchorage, Alaska  99508                                                                                                        
POSITION STATEMENT:  Testified against  HB 329.                                                                                 
                                                                                                                                
AMANDA CLEMENS                                                                                                                  
3133 East 41st, Number 2                                                                                                        
Anchorage, Alaska  99508                                                                                                        
POSITION STATEMENT:  Testified on HB 329.                                                                                       
                                                                                                                                
CATHY GIRARD                                                                                                                    
2907 west 35th                                                                                                                  
Anchorage, Alaska  99516                                                                                                        
POSITION STATEMENT:  Testified against  HB 329.                                                                                 
                                                                                                                                
TIM HUFFMAN                                                                                                                     
4880 Newcastle Way                                                                                                              
Anchorage, Alaska  99503                                                                                                        
POSITION STATEMENT:  Testified on HB 329.                                                                                       
                                                                                                                                
KAREN FISH                                                                                                                      
7821 Porsche Street                                                                                                             
Anchorage, Alaska  99503                                                                                                        
POSITION  STATEMENT:    Testified   against  HB  329  through  her                                                              
testimony, which was read into the record by KATHERINE DAVEY.                                                                   
                                                                                                                                
AMY BOLLENBACH                                                                                                                  
PO Box 3429                                                                                                                     
Homer, Alaska  99603                                                                                                            
POSITION STATEMENT:  Testified against HB 329.                                                                                  
                                                                                                                                
ROSE MIDEROS (ph)                                                                                                               
(No address provided)                                                                                                           
POSITION STATEMENT:  Testified on HB 329.                                                                                       
                                                                                                                                
DR. PETER NAKAMURA, Director                                                                                                    
Central Office, Division of Public Health                                                                                       
Department of Health & Social Services                                                                                          
PO Box 110610                                                                                                                   
Juneau, Alaska  99811                                                                                                           
POSITION STATEMENT:  Testified on HB 329.                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-36, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIRMAN FRED DYSON called the House  Health, Education and Social                                                              
Services  Standing  Committee  meeting   to  order  at  3:11  p.m.                                                              
Members present at  the call to order were  Representatives Dyson,                                                              
Whitaker,  Green,  Kemplen  and Coghill.    Representative  Morgan                                                              
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
HB 270 - SEX ASSAULT & SEXUAL ABUSE                                                                                           
                                                                                                                                
Number 0041                                                                                                                     
                                                                                                                                
CHAIRMAN DYSON  announced the first  order of business  as Sponsor                                                              
Substitute  for House  Bill No. 270,  "An Act  relating to  sexual                                                              
assault and sexual  abuse and to payment for  certain examinations                                                              
in cases of alleged sexual assault or sexual abuse."                                                                            
                                                                                                                                
[Before the committee was CSSSHB  270(STA).  Instead of containing                                                              
that  bill  version, however,  committee  packets  contained  work                                                              
draft Version  M, 1-LS1108\M,  Luckhaupt,  2/25/00.  In  addition,                                                              
proposed  amendments  were  marked  "CSHB  270(HESS)."    However,                                                              
Version M  was the same work  draft already adopted and  moved out                                                              
of  the House  State  Affairs  Standing  Committee on  3/09/00  as                                                              
CSSSHB 270(STA).]                                                                                                               
                                                                                                                                
Number 0128                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ERIC CROFT, Alaska  State Legislature,  sponsor of                                                              
SSHB  270,  came  forward  to  testify.    He  reported  that  he,                                                              
Representative  Brice  and  law enforcement  had  all  spent  time                                                              
trying  to  craft  language  that   would  cover  examinations  of                                                              
children, but  they failed.   The  larger distinction is  somebody                                                              
who knows what happened to them and  can make a conscious decision                                                              
whether to participate  in a prosecution or not;  with children it                                                              
is  fundamentally   different.     He  suggested  that   SSHB  270                                                              
concentrate  on what  what is known,  which is  an adult,  however                                                              
defined,  cannot be charged  for these  exams.   He is willing  to                                                              
work on  the complicated  issue of  children later.   He  does not                                                              
mean to  authorize general  requirement  of payment from  children                                                              
victims by saying adults cannot be  charged.  He said, "It doesn't                                                              
mean wholesale, charge all the kids.   It does mean there are good                                                              
programs out there that I don't mean to disturb."                                                                               
                                                                                                                                
Number 0430                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL  made a motion to adopt  Amendment 1, which                                                              
read:                                                                                                                           
                                                                                                                                
     Page 1, line 6:                                                                                                            
     Delete "an adult" and insert "a";                                                                                          
                                                                                                                                
     Page 1, line 6:                                                                                                            
     After the words "victim of sexual assault under AS 11.41.410                                                               
-  11.41.425", insert "who is 16 years of age or older".                                                                        
                                                                                                                                
Number 0627                                                                                                                     
                                                                                                                                
REPRESENTATIVE KEMPLEN  objected for  purposes of discussion.   He                                                              
expressed concern  about 16- and 17-year-olds being  classified as                                                              
adults because in other areas of  statute, they are not considered                                                              
adults.  He  understands that the  age of 18 is the  benchmark for                                                              
becoming independent.                                                                                                           
                                                                                                                                
REPRESENTATIVE COGHILL  said that was a point well  taken.  He did                                                              
not intend  to classify  16- and  17-year-olds  as adults but  was                                                              
just  including  them  in  this.    There  are  times  when  their                                                              
consenting  is under  adult statutes,  but  he did  not intend  to                                                              
assert that at all.                                                                                                             
                                                                                                                                
REPRESENTATIVE KEMPLEN asked Representative  Coghill why he didn't                                                              
say 18 instead of 16.                                                                                                           
                                                                                                                                
REPRESENTATIVE COGHILL  noted, for example, that  emancipation can                                                              
be done at  age 16.  There are  other statutes where 16  is a time                                                              
that  certain choices  are made.   It  was thought  that under  16                                                              
would get  into other child  laws that age  16 quite often  is the                                                              
"stepping-out place of."                                                                                                        
                                                                                                                                
Number 0776                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN noted that  there is  a waiver for  16-year-                                                              
olds for heinous crimes; they are moved up to adult court.                                                                      
                                                                                                                                
REPRESENTATIVE  CROFT  said  in  the "sexual  abuse  of  a  minor"                                                              
statutes there  are various provisions  in which 16 is the  age of                                                              
consent.   He believes  the amendment  does no  harm, and  it does                                                              
some good to this limited bill.  He has no objection to it.                                                                     
                                                                                                                                
REPRESENTATIVE KEMPLEN withdrew his objection.                                                                                  
                                                                                                                                
CHAIRMAN DYSON  announced that Amendment  1 was adopted  since the                                                              
objection was withdrawn.                                                                                                        
                                                                                                                                
Number 0948                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN made  a motion  to move  CSSSHB 270  [CSSSHB
270(STA)],   as  amended,   out  of   committee  with   individual                                                              
recommendations and  zero fiscal note.  There  being no objection,                                                              
CSSSHB 270(HES) moved from the House  Health, Education and Social                                                              
Services Standing Committee.                                                                                                    
                                                                                                                                
SCR 15 - ALCOHOL-RELATED BIRTH DEFECTS AWARENESS                                                                              
                                                                                                                                
Number 0978                                                                                                                     
                                                                                                                                
CHAIRMAN  DYSON announced  the next  order of  business as  Senate                                                              
Concurrent Resolution  No. 15,  Relating to Alcohol-Related  Birth                                                              
Defects Awareness Weeks.                                                                                                        
                                                                                                                                
Number 0991                                                                                                                     
                                                                                                                                
HOLLY  HEMMING,  Intern  for Senator  Georgianna  Lincoln,  Alaska                                                              
State Legislature,  came forward  to present SCR  15 on  behalf of                                                              
the sponsor.   She said  Fetal Alcohol  Syndrome (FAS)  is totally                                                              
preventable, and it  is the number one cause of  birth defects and                                                              
mental retardation.   It costs the state between  $1.4 million and                                                              
$3 million per  FAS child during his/her lifetime.   Approximately                                                              
ten  FAS children  are  born  in Alaska  every  year;  if that  is                                                              
multiplied by  40, it is estimated  that at least 400  people with                                                              
FAS live  in Alaska, and  that will cost  the state at  least $560                                                              
million a year.  People with Fetal  Alcohol Effects (FAE) may lack                                                              
the physical  appearance of  FAS, but damage  to the brain  can be                                                              
just as serious.   The weeks of Mother's Day and  Father's Day are                                                              
very appropriate  dates to  recognize the role  of parents  in FAS                                                              
and FAE birth defects.                                                                                                          
                                                                                                                                
MS. HEMMING encouraged the committee  members to read the material                                                              
in their packets - especially the  list of in utero alcohol damage                                                              
that  affects  people with  FAS/FAE.    This resolution  has  been                                                              
introduced as far back as 1994, and it has been passed annually.                                                                
                                                                                                                                
Number 1128                                                                                                                     
                                                                                                                                
SENATOR  GEORGIANNA   LINCOLN,  Alaska  State   Legislature,  came                                                              
forward as the  prime sponsor of SCR  15.  She said it  is a shame                                                              
that  every  year  there  is just  a  resolution  recognizing  the                                                              
importance of   Fetal Alcohol Syndrome and Fetal  Alcohol Effects.                                                              
It  is growing  across the  state and  is very  expensive for  the                                                              
state monetarily  and socially.   This is  just a small  effort to                                                              
recognize the  immensity of the problem  and a small  step forward                                                              
for the rest of the state to recognize the total problem.                                                                       
                                                                                                                                
REPRESENTATIVE  KEMPLEN   asked  Senator  Lincoln   what  type  of                                                              
policies the  legislature should  be looking at.   He  wondered if                                                              
alcohol consumption should be criminalized for pregnant women.                                                                  
                                                                                                                                
SENATOR  LINCOLN   noted  that   when  she   first  came   to  the                                                              
legislature, that  was exactly what she started  looking into, but                                                              
this is  an extremely complex issue.   She cited  various problems                                                              
with  criminalizing it  such as  an  obese woman  being refused  a                                                              
drink in  a bar because  the bartender  thought she was  pregnant,                                                              
and the  woman could  sue; another  woman could  have a  third FAS                                                              
child and  be incarcerated,  and  what would happen  to the  other                                                              
children  left  at home?    The  greatest  benefit is  to  address                                                              
prevention  and  intervention.   She  believes there  hasn't  been                                                              
enough done in the area of prevention, but it takes money.                                                                      
                                                                                                                                
Number 1311                                                                                                                     
                                                                                                                                
CHAIRMAN DYSON  pointed out there  is a statewide  coordinator for                                                              
FAS  now.   United  States  Senator  Ted  Stevens has  obtained  a                                                              
significant amount of  money to help Alaska get the  word out, and                                                              
there are now diagnostic teams available to travel the state.                                                                   
                                                                                                                                
REPRESENTATIVE GREEN asked Senator  Lincoln what would be the best                                                              
way for the state to get to the people.                                                                                         
                                                                                                                                
SENATOR LINCOLN reiterated that it  is such a complex problem.  It                                                              
is the "chicken or the egg," and  she doesn't know where to start.                                                              
In a conversation  recently with  some leaders, she said  it boils                                                              
down to people  being busy and occupied and feeling  like they are                                                              
contributing to society.   It is something that takes  more than a                                                              
resolution;  it  takes  more  than   a  few  dollars.    A  common                                                              
denominator  needs to  be  found where  the  process could  begin.                                                              
Part of  the problem is  when people  don't have jobs,  don't feel                                                              
that they  are contributing  to the community  or society,  or are                                                              
depressed  about a  number of  things, and  there is  no help  for                                                              
them.  It is a whole roster of things.   She is committed to going                                                              
beyond a resolution  and knows the committee is  committed if they                                                              
could just get their hands around  this.  She commented that it is                                                              
not  just a  problem in  Alaska.   She was  in Vancouver,  British                                                              
Columbia, when  800 balloons were  released for the 800  FAS cases                                                              
there.  The public  needs to be made more aware  of this very real                                                              
problem.                                                                                                                        
                                                                                                                                
Number 1526                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN  made  a  motion  to  move  SCR  15  out  of                                                              
committee with  individual recommendations  and zero  fiscal note.                                                              
There being  no objection,  SCR 15  moved from  the House  Health,                                                              
Education and Social Services Standing Committee.                                                                               
                                                                                                                                
HB 329 - INFO AND INFORMED CONSENT FOR ABORTION                                                                               
                                                                                                                                
Number 1567                                                                                                                     
                                                                                                                                
CHAIRMAN DYSON  announced the  next order  of business  as Sponsor                                                              
Substitute for  House Bill No. 329,  "An Act relating  to services                                                              
and information  available  to pregnant  women and other  persons;                                                              
and  requiring  informed  consent  and a  24-hour  waiting  period                                                              
before  an abortion  may be performed  unless  there is a  medical                                                              
emergency."   [Note:   SSHB  329 has  the designation  1-LS1329\H,                                                              
which was referenced during the hearing.]                                                                                       
                                                                                                                                
Number 1608                                                                                                                     
                                                                                                                                
REPRESENTATIVE  COGHILL made  a motion  to adopt  Amendment 1  [1-                                                              
LS1329\H.2, Lauterbach, 3/28/00], which read:                                                                                   
                                                                                                                                
     Page 4, line 29:                                                                                                           
                                                                                                                                
          Delete "that medical assistance benefits may                                                                          
          be available"                                                                                                         
          Insert "the possible availability of medical                                                                          
          assistance benefits"                                                                                                  
                                                                                                                                
     Page 4, line 31:                                                                                                           
                                                                                                                                
          Delete "that the father is liable"                                                                                    
          Insert "the father's liability"                                                                                       
                                                                                                                                
     Page 5, line 2, following "abortion":                                                                                      
                                                                                                                                
          Insert  "; however,  the information  required                                                                        
          under this subparagraph  may be omitted by the                                                                        
          physician  when  the physician  considers  its                                                                        
          omission  appropriate under the  circumstances                                                                        
          of the pregnancy"                                                                                                     
                                                                                                                                
CHAIRMAN DYSON asked whether there was any objection.  There                                                                    
being no objection, Amendment 1 was adopted.                                                                                    
                                                                                                                                
The committee took an at-ease from 3:40 p.m. to 3:42 p.m.                                                                       
                                                                                                                                
Number 1715                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL made a motion to adopt Amendment 2, to                                                                   
accomplish the following:                                                                                                       
                                                                                                                                
     Page 3, line 8, eliminate "conception" and replace with                                                                    
     "fertilization";                                                                                                           
                                                                                                                                
     Page 3, strike line 10.                                                                                                    
                                                                                                                                
    Page   3,    line   14,   replace   "conception"    with                                                                    
     "fertilization";                                                                                                           
                                                                                                                                
    Page   3,    line   16,   replace   "conception"    with                                                                    
     "fertilization";                                                                                                           
                                                                                                                                
    Page   5,    line   21,   replace   "conception"    with                                                                    
     "fertilization";                                                                                                           
                                                                                                                                
    page    6,   line   1,    replace   "conception"    with                                                                    
     "fertilization";                                                                                                           
                                                                                                                                
    page    6,   line   3,    replace   "conception"    with                                                                    
     "fertilization";                                                                                                           
                                                                                                                                
Number 1747                                                                                                                     
                                                                                                                                
CHAIRMAN DYSON ask  whether there was any objection.   There being                                                              
none, Amendment 2 was adopted.                                                                                                  
                                                                                                                                
Number 1779                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN  made a  motion  to  adopt Amendment  3  [1-                                                              
LS1329\H.1, Lauterbach, 3/21/00], which read:                                                                                   
                                                                                                                                
     Page 4, line 4, following "damages.":                                                                                      
                                                                                                                                
          Insert "In a civil action under this subsection,                                                                      
     there is a  rebuttable presumption that an  abortion was                                                                   
     performed without the pregnant  woman's informed consent                                                                   
     if  the physician  who performed the  abortion does  not                                                                   
     submit  into evidence  the copy of  the woman's  written                                                                   
     certification   required   to   be   retained   in   the                                                                   
     physician's files under AS 18.16.060(b)(4)(B)."                                                                            
                                                                                                                                
     Page 5, line 19, following "paragraph":                                                                                    
                                                                                                                                
          Insert "and retains the copy in the physician's                                                                       
     files"                                                                                                                     
                                                                                                                                
Number 1857                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL said he had no objection to Amendment 3.                                                                 
                                                                                                                                
REPRESENTATIVE   WHITAKER  asked   Representative  Green   if  the                                                              
assumption  is  that  there  is  a  rebuttable  presumption,  and,                                                              
therefore,  it  is  not  an  automatic   presumption;  it  may  be                                                              
rebutted, and it is subject to question by the physician.                                                                       
                                                                                                                                
REPRESENTATIVE  GREEN said  it simply  changes the  burden to  the                                                              
doctor  rather than  the  person  who had  the  abortion, and  the                                                              
doctor is required to keep this notice in the files anyway.                                                                     
                                                                                                                                
The committee took an at-ease from 3:47 p.m. to 3:48 p.m.                                                                       
                                                                                                                                
CHAIRMAN  DYSON asked  whether  there was  any  objection.   There                                                              
being no objection, Amendment 3 was adopted.                                                                                    
                                                                                                                                
Number 2024                                                                                                                     
                                                                                                                                
DR. COLLEEN  MURPHY testified  via teleconference from  Anchorage.                                                              
She represents the practice of obstetrics  and gynecology (Ob/Gyn)                                                              
in Alaska;  she practices obstetrics  and gynecology  in Anchorage                                                              
at the Alaska  Women's Health Services; she is  board certified in                                                              
obstetrics and  gynecology and is  an active member in  the Alaska                                                              
State Medical Association legislative  subcommittee.  She gave the                                                              
following testimony:                                                                                                            
                                                                                                                                
     As a  provider of women's health  care, I speak  in firm                                                                   
     opposition  to  HB  329.   As  a  personal  consumer  of                                                                   
     women's health  care, I speak  in firm opposition  to HB
     329.  As a mother to a young  daughter, who will one day                                                                   
     need all  options to unbiased reproductive  health care,                                                                   
     I  speak in  opposition to  HB  329.   As a  data-driven                                                                   
     scientist  with knowledge  and professional  familiarity                                                                   
     with the  predictable failures of modern  contraception,                                                                   
     I speak in opposition to HB 329.                                                                                           
                                                                                                                                
     House  Bill   329  is   a  meddlesome  and   unnecessary                                                                   
     legislative  action.   This procedure-specific  informed                                                                   
     consent  is   opposed  by  both  the   American  Medical                                                                   
     Association and  the American College of  Obstetrics and                                                                   
     Gynecology.   It represents  a shameless intrusion  into                                                                   
     the personal  decision-making between a patient  and her                                                                   
     provider.   House Bill 329  is a thinly veiled  strategy                                                                   
     to  create additional  barriers  to a  woman's right  to                                                                   
     legal abortion.                                                                                                            
                                                                                                                                
     In October  1999, the State of Alaska  published updated                                                                   
     statistics  on  the  rate  of  unintended  pregnancy  in                                                                   
     Alaska   in its professional  publication named  "Family                                                                   
     Health Data Line."   Between the years 1996-1997,  it is                                                                   
     estimated  that 42  percent of the  over 18,000  Alaskan                                                                   
     births  were reported  as unintended  by their  mothers.                                                                   
     In 1995, the  Institute of Medicine delineated  that its                                                                   
     landmark  report,  called "The  Best  Intentions,"  that                                                                   
     unintended  pregnancy  is  associated  with  many,  many                                                                   
     problems in pregnancy and later  on.  This includes late                                                                   
     onset  of prenatal  care, lower birth  weight babies,  a                                                                   
     higher infant  mortality rate, higher rates  of maternal                                                                   
     depression, higher rates of  physical abuse of the child                                                                   
     and mother,  higher rates of single parent  homes, lower                                                                   
     socioeconomic  status for  the family,  and less  intact                                                                   
     families.   The state of  Alaska, in the "Family  Health                                                                   
     Data Line,"  October 1999,  made recommendations  to our                                                                   
     legislators in  an effort to  decrease the high  rate of                                                                   
     unintended pregnancy  and the necessity to  going toward                                                                   
     abortion.                                                                                                                  
                                                                                                                                
     This   includes  the  recommendation   that  your   very                                                                   
     committee  strongly  consider  the  current  HB  29  for                                                                   
     prescriptive  equity.  Currently  there are over  60,000                                                                   
     women  in Alaska  that do not  have access  to the  five                                                                   
     most   reliable   forms   of    FDA   [Food   and   Drug                                                                   
     Administration]    approved   contraception.       Women                                                                   
     currently  pay 68 percent  more in out-of-pocket  health                                                                   
     care costs because  they have to pay for  these forms of                                                                   
     contraception.                                                                                                             
                                                                                                                                
     I urge  you to put your  efforts into the  prevention of                                                                   
     unintended   pregnancy,    and   currently    you   have                                                                   
     legislation that  would allow 60,000 more women  to have                                                                   
     access to more reliable access  to contraception through                                                                   
     their private  insurance rather than making  this thinly                                                                   
     veiled  attempt   to  decrease  the  options   to  legal                                                                   
     termination in the state of Alaska.                                                                                        
                                                                                                                                
REPRESENTATIVE  GREEN  asked  Dr.  Murphy  how this  would  be  an                                                              
invasion of the privacy between the doctor and the patient.                                                                     
                                                                                                                                
DR. MURPHY  said currently  when a patient  undergoes any  sort of                                                              
surgical or medical  procedure, he/she undergoes  informed consent                                                              
prior  to it.   The standard  of care  prior to  a termination  is                                                              
generally to date  the pregnancy, which includes  a physical exam,                                                              
history taking, and in most cases  an ultrasound exam.  The issues                                                              
raised in  HB 329 are pretty  much the standard of  care statewide                                                              
in  which a  patient  is  fully informed  about  the  risk of  the                                                              
procedure and  the gestational age  of the pregnancy in  which she                                                              
is  planning  to terminate.    This  is  currently being  done  by                                                              
licensed providers, and this bill isn't needed.                                                                                 
                                                                                                                                
Number 2216                                                                                                                     
                                                                                                                                
CHAIRMAN DYSON noted  that the committee has heard  that there are                                                              
regulations  that  already  require   that  doctors  inform  their                                                              
patients.   If  it  is  already the  current  practice  and is  in                                                              
regulations,  he   asked  Dr.  Murphy   if  she  would   have  the                                                              
legislature repeal the regulations.                                                                                             
                                                                                                                                
DR. MURPHY replied no.                                                                                                          
                                                                                                                                
CHAIRMAN DYSON asked  Dr. Murphy if there have been  times, in her                                                              
experience, when women have asked  to get the remains of the fetus                                                              
for a burial ceremony.                                                                                                          
                                                                                                                                
DR. MURPHY replied no.                                                                                                          
                                                                                                                                
TAPE 00-36, SIDE B                                                                                                              
Number 2231                                                                                                                     
                                                                                                                                
CHAIRMAN  DYSON asked  Dr. Murphy  if  the option  of getting  the                                                              
remains for  a burial service  is made  available or should  it be                                                              
made available if the woman chooses.                                                                                            
                                                                                                                                
DR. MURPHY  said currently  burial is not  required in  Alaska for                                                              
fetuses below 500  grams [in weight] or less than  20-24 weeks [in                                                              
age].  Currently,  most women do  not view the fetus  as something                                                              
they  want to  bury.    Legally it  is  required after  a  certain                                                              
gestational age or certain birth weight.                                                                                        
                                                                                                                                
CHAIRMAN DYSON  asked what is done  with the remains that  are not                                                              
buried.                                                                                                                         
                                                                                                                                
DR.  MURPHY answered  that  they are  generally  disposed as  most                                                              
medical waste is which is incineration.                                                                                         
                                                                                                                                
CHAIRMAN DYSON  asked Dr. Murphy  if women should have  the option                                                              
to donate fetal body parts like other organ donations.                                                                          
                                                                                                                                
DR. MURPHY  reported that there is  some exciting work  being done                                                              
that will probably  replace the need to consider  fetal tissue and                                                              
that is with  stem cells which can be cultured  and collected from                                                              
the  umbilical cord  plug  at live  birth near  term.   That  will                                                              
probably be a nonissue very shortly with advancing technology.                                                                  
                                                                                                                                
Number 2166                                                                                                                     
                                                                                                                                
DR. JAN  WHITEFIELD testified  via teleconference from  Anchorage.                                                              
He is  a practicing obstetrician/gynecologist;  he is a  member of                                                              
the  Alaska State  Medical  Association  and American  College  of                                                              
Obstetrics and Gynecology, and he  represents women in Alaska.  He                                                              
noted  he had  sent in  written testimony  that committee  members                                                              
have so he  will limit his remarks  to three points.   In terms of                                                              
the mandatory 24-hour waiting period,  he has maintained an active                                                              
database  on  abortion  in Alaska  for  quite  a  few years.    He                                                              
believes a  data analysis will show  it will mostly  affect people                                                              
monetarily  who  live   out-of-town  and  that  is   going  to  be                                                              
discriminatory  to  the  Alaskan  Natives.   The  Alaskan  Natives                                                              
generally have to come in from villages  or outlying areas to have                                                              
an abortion.   If they  choose to come  into town for  a pregnancy                                                              
termination  and have  to wait  an  additional 24  hours, that  is                                                              
going to  mean additional  expense that won't  be borne  by people                                                              
who  live near  the  locale where  abortion  is  available.   That                                                              
discrimination issue will make this bill challengeable.                                                                         
                                                                                                                                
DR.  WHITEFIELD  said  his  second   point  has  to  do  with  the                                                              
definition of conception.                                                                                                       
                                                                                                                                
CHAIRMAN DYSON told Dr. Whitefield  the word "conception" had been                                                              
changed to "fertilization" throughout the bill.                                                                                 
                                                                                                                                
DR.  WHITEFIELD  pointed  out  that   the  definition  chosen  for                                                              
fertilization  is not necessarily  a medically nor  scientifically                                                              
accepted definition.   But as such, the committee  should be aware                                                              
that  there is  one  institution  in the  state  where people  can                                                              
through  in  vitro   fertilization,  which  is   having  the  ovum                                                              
fertilized and saved  to attempt to get pregnant.   If a woman has                                                              
six or eight fertilized eggs which  are stored, and she manages to                                                              
get pregnant, and two or three fertilized  eggs are left over that                                                              
she hasn't  used, by using  this definition of  fertilization, now                                                              
the person who  has stored fertilized eggs and decides  to get rid                                                              
of  the  fertilized  eggs not  used,  will  be  an abortion.    He                                                              
wondered how  this law  will affect  the people who go  through in                                                              
vitro fertilization.                                                                                                            
                                                                                                                                
DR. WHITEFIELD  said his  third point is  that the bill  is highly                                                              
biased.   One of  the questions that  was asked  is How  will this                                                              
informed  consent be  an onus  on the  patient?   As he reads  the                                                              
bill, it  says that  the Department  of Health  & Social  Services                                                              
(DHSS) needs  to maintain  information that can  be supplied  to a                                                              
patient on a two-week basis.  When  an abortion is chosen, it says                                                              
that DHSS will  maintain this information, that  the physician has                                                              
to give  it to  a patient, and  she has to  sign she  has obtained                                                              
this information.   That information is going to  be placed in the                                                              
patient's hands.   Last  week he did  two abortions for  women who                                                              
wanted to be pregnant but had fetuses  that were incompatible with                                                              
life.  If  he had to go  through a detailed explanation  for those                                                              
women at 16-18  weeks as to what  a fetus looked like,  that would                                                              
be emotional torture for that person.                                                                                           
                                                                                                                                
CHAIRMAN DYSON  pointed out  to Dr.  Whitefield that an  amendment                                                              
had  been  adopted  that  allows  the  physician  to  use  his/her                                                              
judgment if it is  not in the woman's best interests  to have that                                                              
information.                                                                                                                    
                                                                                                                                
Number 1834                                                                                                                     
                                                                                                                                
KATE LINDHOLM testified  via teleconference from Sitka.   She does                                                              
not believe that  any woman takes the question  of having children                                                              
lightly.  She gave the following testimony:                                                                                     
                                                                                                                                
     When I became pregnant unexpectedly  at the age of 21, I                                                                   
     struggled  with many  overwhelming  emotions.   Opinions                                                                   
     came to  me from  all sides, and  questions I thought  I                                                                   
     had answered  materialized again.   Wanting to  make the                                                                   
     right  decision,  I  carefully  examined  all  of  these                                                                   
     things.  Forcing  me to wait an extra 24  hours in order                                                                   
     to think  things over  would have  been superfluous.   I                                                                   
     had  been  weighing options  about  unplanned  pregnancy                                                                   
     from the time I had become sexually  active.  I had been                                                                   
     thinking things over for years.                                                                                            
                                                                                                                                
     Most women grow  up expecting to be faced  at some point                                                                   
     with  the  decision  about  pregnancy.    I  assume  the                                                                   
     majority of  them, with or without federal  requirement,                                                                   
     will spend quite a bit more  time than 24 hours thinking                                                                   
     about what they  will do when it happens.   But the real                                                                   
     question  posed by  this bill  isn't  about the  cruelty                                                                   
     imposed   by   forcing   unwanted    and   inappropriate                                                                   
     misinformation  down   women's  throats,  it   is  about                                                                   
     whether or not a medical procedure,  a procedure that is                                                                   
     statistically safer  than birth, should be  regulated by                                                                   
     politicians  or  by  doctors,  and  whether  information                                                                   
     about  that procedure,  a legal surgery  that has  never                                                                   
     been  medically  proven  to   have  any  correlation  to                                                                   
     adverse psychological effects,  should be presented in a                                                                   
     biased  or unbiased  manner.   It is  about whether  the                                                                   
     politically-loaded  words  agreed  upon  by  a  minority                                                                   
     should  be  allowed  to  replace   universally  accepted                                                                   
     medical terminology.                                                                                                       
                                                                                                                                
     And  lastly, it  is  about whether  policies  concerning                                                                   
     women's  health and freedom  should be determined  based                                                                   
     on  the  opinions of  a  group  of people  dependent  on                                                                   
     public approval  for the safety  and longevity  of their                                                                   
     jobs or  by doctors.  In  reality this bill  isn't about                                                                   
     providing   information   to    women;   it   is   about                                                                   
     intimidating  and   coercing  them  into   thinking  the                                                                   
     information they have is wrong.   That what they feel is                                                                   
     the best choice for them, a  choice that has been upheld                                                                   
     by the Supreme  Court of this country,  is irresponsible                                                                   
     and  ignorant.   In addition,  this is  not taking  into                                                                   
     account the effects such tactics  may have on victims of                                                                   
     rape or  incest nor  do they  consider women who  should                                                                   
     not continue  pregnancy because  of various physical  or                                                                   
     psychological  conditions.   It  does  not consider  the                                                                   
     women at  all.  For these  reasons I strongly  oppose HB
     329.                                                                                                                       
                                                                                                                                
Number 1729                                                                                                                     
                                                                                                                                
COLETTE  CASAVANT testified  via teleconference  from Sitka.   She                                                              
spoke  as a  former  women's  advocate  at the  domestic  violence                                                              
shelter  and   sexual  assault  shelter.     She   personally  and                                                              
politically  finds this bill  appalling in  cases of incest,  rape                                                              
and domestic violence.   Survivors of these abhorrent  acts do not                                                              
need yet another  way to restrict access and choice  to a safe and                                                              
legal medical procedure.  She objects to HB 329.                                                                                
                                                                                                                                
Number 1698                                                                                                                     
                                                                                                                                
JANE ALBERTS, Kachemak  Bay Family Planning Clinic,  testified via                                                              
teleconference  from Homer.   She represented  12 Homer  citizens:                                                              
Carri  Thurman,  Jane  Alberts, Melon  Purcell,  Judy  Flora,  Jim                                                              
Meesis,  Kathy  Steberl,  Tarri  Thurman,  Michelle  Waneka,  Lora                                                              
Wilke, Kate Finn, Donna Rae Faulkner,  and Heidi Glotfelty and the                                                              
40 additional members of the Kachemak  Bay Family Planning Clinic.                                                              
She read the following testimony:                                                                                               
                                                                                                                                
     We are here  to testify against HB 329.  It  has been 30                                                                   
     years  since American  women were granted  the right  to                                                                   
     choose  abortion for  unwanted pregnancy.   Roe v.  Wade                                                                 
     was  crafted in  such  a way  to make  abortion  legally                                                                   
     possible, accessible  and practical.  Since  1971, there                                                                   
     have  been many  attempts to  erode this  right.   House                                                                   
     Bill 329 is another example.                                                                                               
                                                                                                                                
     This  bill  incorporates  additional  shame,  pain,  and                                                                   
     guilt into a woman's decision  to have an abortion.  The                                                                   
     proposal  for a 24-hour  waiting period after  "informed                                                                   
     consent"  seems as if  it is designed  to place  a woman                                                                   
     into a purgatory while she waits  for the procedure that                                                                   
     BY  LAW she  is allowed  to choose.   We  don't know  of                                                                   
     anyone who has ever hopped on  down to her physician for                                                                   
     an   abortion  without   an  intensive   decision-making                                                                   
     process,   or  without  considering   that  it   is  her                                                                   
     alternative  of the last  resort.  This  decision-making                                                                   
     process is disrespected and  disregarded by the proposed                                                                   
     bill.                                                                                                                      
                                                                                                                                
     It is additionally disrespectful  to use tactics such as                                                                   
     forcing women  to view and study the  various anatomical                                                                   
     and  physiological   characteristics  of   fetuses  from                                                                   
     conception  on and  then  sign that  she  has done  this                                                                   
     before an abortion can be performed.                                                                                       
                                                                                                                                
     Alaska  women have  the right to  choose abortion,  just                                                                   
     like all other American women.   The state should not be                                                                   
     trying  a hinder  a woman  who has  made this  difficult                                                                   
     choice,  nor by using  scare tactics  and roadblocks  to                                                                   
     erode a woman's right to choose.                                                                                           
                                                                                                                                
Number 1570                                                                                                                     
                                                                                                                                
ADENA WHEELES  testified via teleconference  from Anchorage.   She                                                              
stated that the Supreme Court ordered  the state of Alaska that it                                                              
does not  have the right  to discriminate  against poor  women and                                                              
their lawful  choice to  an abortion.   She has  a hard  time with                                                              
this bill.   It is a difficult  choice for any woman  at any stage                                                              
of her life.   To abort or  have a child is a  private decision--a                                                              
decision between a  doctor and a patient.  She  doesn't understand                                                              
why the legislature has such a need  to step in and intervene when                                                              
the  law is  already  clear.   Some  women  who do  have  children                                                              
struggle with  such dysfunction as  alcoholism and  addiction; and                                                              
child care assistance is being cut.   She believes the language in                                                              
the bill is scary; it isn't to inform.                                                                                          
                                                                                                                                
Number 1499                                                                                                                     
                                                                                                                                
MCKENZIE  WHEELES  testified via  teleconference  from  Anchorage.                                                              
She informed the  committee that she is nineteen  years old and in                                                              
the  past year,  she found  herself  in the  position of  choosing                                                              
between  being  a child  trying  to raise  a  child  or trying  to                                                              
continue  her education  until she  is mature  enough and has  the                                                              
ways and  means and the parenting  skills to raise  healthy, happy                                                              
children  with a  realistic  chance of  succeeding.   The  women's                                                              
clinic gave  her detailed  information about her  choices.   In no                                                              
way did the people  at the clinic try to persuade  her or misguide                                                              
her;  they  were  direct  and  honest  in  every  way.    For  the                                                              
legislature  to  work toward  making  this already  traumatic  and                                                              
disturbing choice  even more difficult  is indefensible  and mean-                                                              
spirited toward the  helpless and vulnerable young  citizens.  She                                                              
expressed her objection to HB 329.                                                                                              
                                                                                                                                
Number 1442                                                                                                                     
                                                                                                                                
AMANDA CLEMENS  testified via teleconference from  Anchorage.  She                                                              
told the  committee she  has seen her  friends struggle  with this                                                              
issue and  does not believe  there needs  to be a 24-hour  waiting                                                              
period before having  an abortion.  Anybody who has  found out she                                                              
was pregnant  and does  not want  the child,  from the minute  she                                                              
found out,  she has been constantly  thinking about how  this will                                                              
affect her life and what she should do.                                                                                         
                                                                                                                                
Number 1407                                                                                                                     
                                                                                                                                
CATHY GIRARD  testified  via teleconference  from Anchorage.   She                                                              
restated  her  disappointment  on the  legislature's  interest  in                                                              
"living  government"  and  yet  at the  same  time  finding  great                                                              
interest  in her  personal life.    She finds  this bill  to be  a                                                              
redundancy  of legal options  already available  in the  state and                                                              
also  legal  opportunities granted  on  the  federal level.    She                                                              
believes if men  were able to have abortions, this  bill would not                                                              
even be on the  table for discussion.  She does  not believe there                                                              
should be a 24-hour  waiting period for this or  any other medical                                                              
procedure.    If  a  24-hour  waiting  period  is  necessary,  she                                                              
believes  it is  the responsibility  of the  medical community  to                                                              
make that decision, not the legislature.                                                                                        
                                                                                                                                
MS.  GIRARD  mentioned  that  last week  there  was  testimony  in                                                              
support of  the bill  from many women  whose experiences  happened                                                              
twenty years ago.   She urged the committee not  to make judgments                                                              
on that kind of information about  what should be done today.  The                                                              
medical  profession  has  changed  greatly;  there  is  much  more                                                              
information disseminated, and people  are much more educated about                                                              
the medical  procedures available.   She summarized  that abortion                                                              
is legal and "if  I can be blunt, but respectful,  please get over                                                              
it.   Bringing your  personal religious and  moral agendas  to the                                                              
law is an abuse of your position as a legislator."                                                                              
                                                                                                                                
Number 1293                                                                                                                     
                                                                                                                                
TIM HUFFMAN testified via teleconference  from Anchorage.  He told                                                              
the  committee of  a friend  of his  who had  a miscarriage  which                                                              
damaged her  uterus.  According  to this  law, what was  already a                                                              
tragic  situation would  have been  compounded by  having to  view                                                              
pictures of fetus development at  every two weeks.  He understands                                                              
there has  been an amendment that  says this information  does not                                                              
have to be  shared if the  physician decides, but he  doesn't find                                                              
the language  any more palatable.   He  concurred with all  of the                                                              
statements said so far today.  He  believes that this most private                                                              
decision  should be  left up  to  the individual  involved in  the                                                              
situation.      Indeed,   if   conservatives   champion   personal                                                              
responsibility,  then get  the government  out of this  particular                                                              
choice.                                                                                                                         
                                                                                                                                
Number 1218                                                                                                                     
                                                                                                                                
KATHERINE DAVEY testified via teleconference  from Anchorage.  She                                                              
read the testimony of KAREN FISH:                                                                                               
                                                                                                                                
     I am  writing in response to  the possibility of  HB 329                                                                   
     coming out  of committee.  It  appalls me to  think that                                                                   
     this is even  a possibility, and I strongly  oppose this                                                                   
     bill.  Let me tell you my story.                                                                                           
                                                                                                                                
     I am  a 40-year-old  woman who was  faced with making  a                                                                   
     decision when  I was 20 years old, single  and pregnant.                                                                   
     My  lifestyle at  that time  was  not a  healthy one  in                                                                   
     which drugs and  alcohol were much more important  to me                                                                   
     than  the health  and  welfare of  myself,  let alone  a                                                                   
     baby.   I was scared and  felt alone and was  told "What                                                                   
     do you expect me to do, marry you?"                                                                                        
                                                                                                                                
     With  the amount  of drugs  that  I had  put through  my                                                                   
     system,  I decided that  the best option  for me  was to                                                                   
     terminate the pregnancy.  This  already was an extremely                                                                   
     emotional and traumatic time  for me.  Would I have been                                                                   
     forced to  look at pictures and have  biased counseling,                                                                   
     it would not  have changed my mind.  It  would have only                                                                   
     added  to my  traumatic time  and  possibly delayed  the                                                                   
     procedure.   I was  already at 12  weeks and a  few more                                                                   
     weeks  would  have  moved  it  from  a  first  trimester                                                                   
     procedure   to  a  second   trimester  procedure   which                                                                   
     statistics show is at much higher risk to the woman.                                                                       
                                                                                                                                
     The  fact  that the  bill  alludes to  abortion  causing                                                                   
     future  infertility  problems is  absurd.   I'm  happily                                                                   
     married for  15 years, been  drug-free for 15  years and                                                                   
     have two children,  ten and thirteen years old.   When I                                                                   
     chose to  become pregnant, I  was not forced to  look at                                                                   
     pictures of the birth or have  a forced counseling on my                                                                   
     decision to  give birth.  Why  should a woman  be forced                                                                   
     to look at  pictures or have biased counseling  when she                                                                   
     chooses to terminate the pregnancy?   I do not feel that                                                                   
     passing this  bill will reduce the number  of abortions.                                                                   
     I do believe  it will increase the number  of fatalities                                                                   
     due  to   the  desperate   attempts  to  terminate   the                                                                   
     pregnancy  without going  to  a safe  and legal  medical                                                                   
     professional  so   they  will  be  forced   to  look  at                                                                   
     pictures.                                                                                                                  
                                                                                                                                
     Isn't it sad to know that 60  percent of all pregnancies                                                                   
     in  the U.S.  are  unplanned  pregnancies?   Instead  of                                                                   
     spending money and time and  energy and resources to get                                                                   
     this bill  passed through the  committee, why  not focus                                                                   
     on  education and  preventing  unplanned pregnancy  from                                                                   
     happening  in  the first  place?    Why not  target  the                                                                   
       places that women like me were hanging out and give                                                                      
     them the options of preventing pregnancy?                                                                                  
                                                                                                                                
     Lastly  I   realize  this  bill   does  not   affect  me                                                                   
     personally,  however, I  have  a daughter,  and I  would                                                                   
     like to know that she will continue  to have options and                                                                   
     decisions  to  make  without  being  forced  to  make  a                                                                   
     decision  because  of  what lawmakers  believe  what  is                                                                   
     right for her.                                                                                                             
                                                                                                                                
Number 1069                                                                                                                     
                                                                                                                                
AMY  BOLLENBACH  testified via  teleconference  from  Homer.   She                                                              
expressed her  strong opposition to HB  329.  She agreed  with all                                                              
the people who  testified today, particularly with  Dr. Whitefield                                                              
and  Dr. Murphy  saying  more work  needs to  be  done on  getting                                                              
contraceptives out to  people in Alaska. She found  it ironic that                                                              
the  committee discussed  Fetal Alcohol  Syndrome earlier  because                                                              
this is  one of  the horrible  things happening  in the  state and                                                              
frankly,  abortion is  one  of the  ways to  deal  with this  very                                                              
serious problem.  She noted that  the current legislature wants to                                                              
cut  funds  to the  Division  of  Family  and Youth  Services  and                                                              
possibly to  education and to other  services to children.   It is                                                              
unconscionable to  add more unwanted children into  the world when                                                              
the ones  already here aren't being  taken care of.   She believes                                                              
that  the  Women's  Liberation Movement  was  the  most  important                                                              
movement  of the twentieth  century, and  she is  sad to  see this                                                              
continual attack on the right of women to abortion.                                                                             
                                                                                                                                
Number 0984                                                                                                                     
                                                                                                                                
CHAIRMAN  DYSON  commented that  people  who are  concerned  about                                                              
children who  are not being  taken care of,  can adopt them,  be a                                                              
foster parent or  big sister.  Also, for those  services that need                                                              
more  money, all  of Alaska's  citizens  can donate  money or  the                                                              
permanent fund dividend to those departments.                                                                                   
                                                                                                                                
Number 0949                                                                                                                     
                                                                                                                                
ROSE  MIDEROS  (ph)  came  forward   to  speak  on  the  point  of                                                              
psychological   effects  of  abortion.     Neither   the  American                                                              
Psychological Association or the  American Psychiatric Association                                                              
recognize  any widespread  psychological  or psychiatric  problems                                                              
among  women who  have had  abortion.   These are  the people  who                                                              
write  the  diagnostic and  statistical  manual  that is  used  to                                                              
diagnose mental  illness; they would  know.  Surveys of  women who                                                              
have  had  abortions  show  that  an  overwhelming  majority  feel                                                              
positively about the experience and  would make the same choice if                                                              
they  had  to option  to  repeat  the experience.    Further,  the                                                              
majority  of scientifically  sound  studies  on  the subject  have                                                              
revealed that  any lasting psychological  effects of  abortion are                                                              
positive rather  than negative.   The only time abortion  has been                                                              
found to  produce reliable,  long-term negative emotional  effects                                                              
is when a wanted pregnancy is terminated for medical reasons.                                                                   
                                                                                                                                
Number 0895                                                                                                                     
                                                                                                                                
DR. PETER NAKAMURA,  Director, Central Office, Division  of Public                                                              
Health, Department  of Health &  Social Services, came  forward to                                                              
testify.   He  commented  that the  change  of  the definition  of                                                              
"conception" to "fertilization" is  pretty scary; the way the word                                                              
"fertilization"  is  used  in  the  document,  page  5,  line  31,                                                              
"pregnant or pregnancy means the  female reproductive condition of                                                              
having  a  developing   fetus  in  the  body  from   the  time  of                                                              
fertilization"  still presents  a problem  in the  use of  medical                                                              
treatment using  drugs or other products  for other diseases.   As                                                              
he  mentioned  earlier,  from  the  time  of  fertilization,  most                                                              
fertilized ovum pass through the  body and never come to the state                                                              
of conception, where it fixes to  the body, and the body starts to                                                              
respond with hormones.                                                                                                          
                                                                                                                                
DR.  NAKAMURA   went  through  the   issues  that  came   up  with                                                              
Representative Brice.  On page 3,  line 31, there is a requirement                                                              
that the  pregnant female be domiciled  in the state for  at least                                                              
30 days  before the  abortion.   Very often  an Alaskan  child may                                                              
come back from  school outside and consult with  her parents about                                                              
an abortion  procedure  and then  be required  to wait another  30                                                              
days before a procedure  can take place.  That can  put her into a                                                              
much more  dangerous time than an  abortion done initially.   That                                                              
is a  problem.  On page  4, line 3,  the issue of  civil liability                                                              
for  physicians:   that  is just  coercing  physicians by  putting                                                              
something else on the table that  threatens their practice and the                                                              
way they deal  with medical issues.  The whole  consultation issue                                                              
is really biased  consultation not informed consent.   He believes                                                              
he can  defend that because it  doesn't present the  risk involved                                                              
in a normal pregnancy against that of an abortion.                                                                              
                                                                                                                                
CHAIRMAN DYSON pointed out page 2,  lines 25-26, where it includes                                                              
informing "the medical risks commonly  associated with carrying an                                                              
unborn child to term;"                                                                                                          
                                                                                                                                
DR. NAKAMURA  apologized for missing  that.  It is  very important                                                              
that that be  included because there are some risks  in carrying a                                                              
child to term.                                                                                                                  
                                                                                                                                
DR.  NAKAMURA  noted  that  there   was  a  false  and  unverified                                                              
implication of  the many medical  and psychological  risks related                                                              
to an  abortion.   He said that  a lot  of literature and  studies                                                              
would counter those kinds of charges.                                                                                           
                                                                                                                                
Number 0652                                                                                                                     
                                                                                                                                
DR. NAKAMURA  referred to  the 24-hour waiting  period.   He knows                                                              
from previous experiences  that every barrier put  up to accessing                                                              
abortion  services  makes  a  longer  period  of  time  before  it                                                              
actually takes  place.   There is about  a 20 percent  increase in                                                              
risk  for every  week  that the  procedure  is  delayed after  the                                                              
eighth week.                                                                                                                    
                                                                                                                                
DR. NAKAMURA noted  in medicine there are several  ways to respond                                                              
to  a  problem or  disease.    It  can  be made  less  harmful  by                                                              
relieving  the pain  and maybe  reducing  the level  of damage  or                                                              
curing  with   medications  or  intervention  or   preventing  the                                                              
problem.   Preventing the  problem is much  better.  In  his mind,                                                              
prevention is not having this bill pass beyond this committee.                                                                  
                                                                                                                                
Number 0495                                                                                                                     
                                                                                                                                
REPRESENTATIVE  COGHILL  made  a  motion  to  move  SSHB  329,  as                                                              
amended, out of committee with individual  recommendations and the                                                              
attached fiscal note.                                                                                                           
                                                                                                                                
Number 0458                                                                                                                     
                                                                                                                                
REPRESENTATIVE KEMPLEN objected.   He noted that the issues raised                                                              
in  testimony and  correspondence  cause him  significant  concern                                                              
particularly  those   pointed  out  by  correspondence   from  the                                                              
Department  of Law, which  noted that  the 24-hour waiting  period                                                              
will  cause  hardship for  poor,  rural  women  and that  will  be                                                              
subject to  challenge in  terms of  its constitutionality  and the                                                              
lack of consideration  for women who  are pregnant due to  rape or                                                              
incest or  who carry  a fetus with  a lethal  fetal anomaly.   The                                                              
bill is not  balanced in terms  of the information required  to be                                                              
presented.  The  wording is troubling in instances  where there is                                                              
a clear  bias.  He  respectfully asked  his colleagues  to rethink                                                              
their position on this bill.                                                                                                    
                                                                                                                                
REPRESENTATIVE WHITAKER noted that  anytime abortion is discussed,                                                              
it becomes a very  emotional issue.  He agreed that  all this bill                                                              
is asking is to stop and think before  a human life is terminated.                                                              
He urged support for HB 329.                                                                                                    
                                                                                                                                
A  roll call  vote  was taken.   Representatives  Coghill,  Green,                                                              
Morgan,  Whitaker and  Dyson voted  in favor of  moving the  bill.                                                              
Representative  Kemplen voted  against it.   Representative  Brice                                                              
was  absent.   Therefore,  CSSSHB 329(HES)  moved  from the  House                                                              
Health,  Education and  Social Services  Standing  Committee by  a                                                              
vote of 5-1.                                                                                                                    
                                                                                                                                
CHAIRMAN  DYSON called for  an at-ease  at 4:40  p.m. in  order to                                                              
prepare for  the Alaska Council  of School Administrators  Report.                                                              
[The  minutes for  the  Alaska  Council of  School  Administrators                                                              
Report are found in the 4:41 p.m.  cover sheet for the same date.]                                                              
                                                                                                                                

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