Legislature(1997 - 1998)

03/05/1997 01:05 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                HOUSE JUDICIARY STANDING COMMITTEE                             
                           March 5, 1997                                       
                             1:05 p.m.                                         
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Joe Green, Chairman                                            
 Representative Con Bunde, Vice Chairman                                       
 Representative Brian Porter                                                   
 Representative Norman Rokeberg                                                
 Representative Jeannette James                                                
 Representative Eric Croft                                                     
 Representative Ethan Berkowitz                                                
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 All members present                                                           
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 HOUSE BILL NO. 37                                                             
 "An Act relating to a requirement that a parent, guardian, or                 
 custodian consent before certain minors receive an abortion;                  
 establishing a judicial bypass procedure by which a minor may                 
 petition a court for authorization to consent to an abortion                  
 without consent of a parent, guardian, or custodian; amending the             
 definition of `abortion`; and amending Rules 40 and 79, Alaska                
 Rules of Civil Procedure; Rules 204, 210, 212, 213, 508, and 512.5,           
 Alaska Rules of Appellate Procedure; and Rule 9, Alaska                       
 Administrative Rules."                                                        
                                                                               
      - HEARD AND HELD                                                         
                                                                               
 HOUSE BILL NO. 65                                                             
 "An Act relating to partial-birth abortions."                                 
                                                                               
      - SCHEDULED BUT NOT HEARD                                                
                                                                               
 (* First public hearing)                                                      
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  HB 37                                                                  
 SHORT TITLE: PARENTAL CONSENT BEFORE MINOR'S ABORTION                         
 SPONSOR(S): REPRESENTATIVE(S) KELLY, KOHRING, VEZEY, MULDER, Ogan,            
 Dyson, Martin                                                                 
                                                                               
 JRN-DATE         JRN-PG             ACTION                                    
 01/13/97        37    (H)   PREFILE RELEASED 1/3/97                           
 01/13/97        37    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 01/13/97        37    (H)   STATE AFFAIRS, JUDICIARY                          
 02/06/97              (H)   STA AT  8:00 AM CAPITOL 102                       
 02/06/97              (H)   MINUTE(STA)                                       
 02/11/97              (H)   STA AT  8:00 AM CAPITOL 102                       
 02/11/97              (H)   MINUTE(STA)                                       
 02/13/97              (H)   STA AT  8:00 AM CAPITOL 102                       
 02/13/97              (H)   MINUTE(STA)                                       
 02/15/97              (H)   STA AT 10:00 AM CAPITOL 102                       
 02/15/97              (H)   MINUTE(STA)                                       
 02/19/97       394    (H)   STA RPT CS(STA) 4DP 2DNP                          
 02/18/97       395    (H)   DP: VEZEY, IVAN, DYSON, JAMES                     
 02/18/97       395    (H)   DNP:  BERKOWITZ, ELTON                            
 02/18/97       395    (H)   2 FNS (H.STA/COURT, H.STA/ADM)                    
 02/18/97       395    (H)   3 ZERO FNS (H.STA/ADM, H.STA/2-DHSS)              
 02/19/97       395    (H)   REFERRED TO JUDICIARY                             
 02/19/97       406    (H)   FIN REFERRAL ADDED                                
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 REPRESENTATIVE PETE KELLY                                                     
 Alaska State Legislature                                                      
 Capitol Building, Room 411                                                    
 Juneau, Alaska 99811                                                          
 Telephone:  (907) 465-6589                                                    
 POSITION STATEMENT:  Prime Sponsor HB 37.                                     
                                                                               
 JUDITH KOHLER, Senior Legislative Counsel                                     
 Americans United for Life                                                     
 Chicago, Illinois                                                             
 Address not Provided                                                          
 Telephone:  (312) 786-9494                                                    
 POSITION STATEMENT:  Provided testimony on HB 37.                             
                                                                               
 DAVID ROGERS                                                                  
 Alaska Women's Lobby                                                          
 Box 33930                                                                     
 Juneau, Alaska 99801                                                          
 Telephone:  (907) 586-1107                                                    
 POSITION STATEMENT:  Testified in opposition to HB 37.                        
                                                                               
 JILL YRJANA, Parent                                                           
 P.O. Box 911                                                                  
 Tok, Alaska 99780                                                             
 Telephone:  (907) 883-4770                                                    
 POSITION STATEMENT:  Provided testimony on HB 37.                             
                                                                               
 ELIZABETH PAWUK                                                               
 P.O. Box 804                                                                  
 Petersburg, Alaska 99833                                                      
 Telephone:  (907) 772-3985                                                    
 POSITION STATEMENT:  Testified in support of HB 37.                           
                                                                               
                                                                               
 JOHN MARX                                                                     
 P.O. Box 1350                                                                 
 Dillingham, Alaska 99576                                                      
 Telephone:  (907) 842-5477                                                    
 POSITION STATEMENT:  Testified on HB 37.                                      
                                                                               
 ROSE TYONE                                                                    
 Box 761                                                                       
 Glennallen, Alaska 99588                                                      
 Telephone:  (907) 822-5432                                                    
 POSITION STATEMENT:  Testified in support of HB 37 and HB 65.                 
                                                                               
 STEVE MAILLY                                                                  
 Box 2536                                                                      
 Glennallen, Alaska 99588                                                      
 Telephone:  (907) 822-3703                                                    
 POSITION STATEMENT:  Testified in support of HB 37 and HB 65.                 
                                                                               
 PATRICIA HUTCHINSON                                                           
 P.O. Box 233                                                                  
 Tok, Alaska 99780                                                             
 Telephone:  (907) 883-5362                                                    
 POSITION STATEMENT:  Provided testimony on HB 37.                             
                                                                               
 ROBERTA FOSTER                                                                
 P.O. Box 214                                                                  
 Naknek, Alaska 99633                                                          
 Telephone:  (907) 246-3439                                                    
 POSITION STATEMENT:  Provided testimony in favor of HB 37.                    
                                                                               
 KATHERYN CARSSOW                                                              
 1335 O Street                                                                 
 Anchorage, Alaska 99501                                                       
 Telephone:  (907) 274-7909                                                    
 POSITION STATEMENT:  Testified on HB 37.                                      
                                                                               
 DEBRA JOSLIN                                                                  
 P.O. Box 377                                                                  
 Delta Junction, Alaska 99737                                                  
 Telephone:  (907) 895-4565                                                    
 POSITION STATEMENT:  Testified in favor of HB 37.                             
                                                                               
 DAN DAVIS                                                                     
 P.O. Box 1285                                                                 
 Delta Junction, Alaska 99737                                                  
 Telephone:  (907) 895-4190                                                    
 POSITION STATEMENT:  Testified in favor of HB 37 and HB 65.                   
                                                                               
 SHARON WAISANEN                                                               
 35985 Pioneer Drive                                                           
 Soldotna,  Alaska 99669                                                       
 Telephone:  (907) 262-9833                                                    
 POSITION STATEMENT:  Testified in opposition to HB 37 and HB 65               
                                                                               
 DICK WAISANEN                                                                 
 35985 Pioneer Drive                                                           
 Soldotna, Alaska 99669                                                        
 Telephone:  (907) 262-9833                                                    
 POSITION STATEMENT:  Testified in opposition to HB 37 and HB 65               
                                                                               
 SALLY APOKEDAK                                                                
 HC 33 Box 3188                                                                
 Wasilla, Alaska 99654                                                         
 Telephone:  (907) 373-7845                                                    
 POSITION STATEMENT:  Provided testimony on HB 37.                             
                                                                               
 ARTHUR HIPPLER, Executive Director                                            
 Alaska Right to Life                                                          
 P.O. Box 873991                                                               
 Wasilla, Alaska 99687                                                         
 Telephone:  (907) 376-9234                                                    
 POSITION STATEMENT:  Testified in favor of HB 37.                             
                                                                               
 ERNIE LINE                                                                    
 2645 Whispering Woods                                                         
 Wasilla, Alaska 99654                                                         
 Telephone:  (907) 376-6709                                                    
 POSITION STATEMENT:  Testified in opposition to HB 37.                        
                                                                               
 ROBERTA STEVENS                                                               
 Address and phone number not provided                                         
 Anchorage, Alaska                                                             
 POSITION STATEMENT:  Testified in opposition to HB 37.                        
                                                                               
 MAESHA CHAMPION-READ                                                          
 1523 Early View Drive                                                         
 Anchorage, Alaska 99504                                                       
 Telephone:  (907) 338-1714                                                    
 POSITION STATEMENT:  Testified in opposition to HB 37.                        
                                                                               
 JANET WALLACH                                                                 
 1315 Cordova #102                                                             
 Anchorage, Alaska 99501                                                       
 Telephone:  (907) 276-8083                                                    
 POSITION STATEMENT:  Testified in opposition to HB 37 and HB 65.              
                                                                               
 ALICE JOHNSTONE                                                               
 213 Shotgun Alley                                                             
 Sitka, Alaska 99835                                                           
 Telephone:  (907) 747-3931                                                    
 POSITION STATEMENT:  Testified in opposition to HB 37.                        
                                                                               
 VIRGINIA PHILLIPS                                                             
 404 Lake Street, Apartment 2-D                                                
 Sitka, Alaska 99835                                                           
 Telephone:  (907) 747-8024                                                    
 POSITION STATEMENT:  Testified in support of HB 37.                           
                                                                               
 TERESA LUNDY                                                                  
 P.O. Box 2975                                                                 
 Sitka, Alaska 99835                                                           
 Telephone:  (907) 966-2204                                                    
 POSITION STATEMENT:  Testified in support of HB 37.                           
                                                                               
 BARBARA RAWALT                                                                
 P.O. Box 823                                                                  
 Delta Junction, Alaska 99737                                                  
 Telephone:  (907) 895-1946                                                    
 POSITION STATEMENT:  Testified in support of HB 37.                           
                                                                               
 JOE CLAIRE MCBRIDE                                                            
 P.O. Box 779                                                                  
 Delta Junction, Alaska 99737                                                  
 Telephone:  (907) 895-4009                                                    
 POSITION STATEMENT:  Testified in support of HB 37.                           
                                                                               
 ROBERT HILLIKER                                                               
 Mile 1378 Alaska Highway                                                      
 Delta Junction, Alaska 99737                                                  
 Telephone:  Not provided                                                      
 POSITION STATEMENT:  Provided testimony on HB 37; opposed HB 65.              
                                                                               
 TERESA KILLION                                                                
 1585 Gonzaga Way                                                              
 Fairbanks, Alaska 99709                                                       
 Telephone:  (907) 479-2318                                                    
 POSITION STATEMENT:  Testified in support of HB 37.                           
                                                                               
 RUTH EWIG                                                                     
 2325 30th Avenue                                                              
 Fairbanks, Alaska 99701                                                       
 Telephone:  (907) 452-5538                                                    
 POSITION STATEMENT:  Testified in support of HB 37.                           
                                                                               
 SCOTT CALDER                                                                  
 P.O. Box 75011                                                                
 Fairbanks, Alaska 99707                                                       
 Telephone:  (907) 474-0174                                                    
 POSITION STATEMENT:  Testified in support of HB 37.                           
                                                                               
 BILLY TOIEN                                                                   
 4518 East 3rd Avenue, Number 3                                                
 Anchorage, Alaska 99508                                                       
 Telephone:  (907) 248-1206                                                    
 POSITION STATEMENT:  Testified in opposition to HB 37.                        
                                                                               
 HUGH FLEISCHER                                                                
 1401 West 11th Avenue                                                         
 Anchorage, Alaska 99501                                                       
 Telephone:  (907) 274-2453                                                    
 POSITION STATEMENT:  Testified in opposition to HB 37.                        
                                                                               
 THEDA PITTMAN                                                                 
 4720 Eagle Number 1                                                           
 Anchorage, Alaska 99503                                                       
 Telephone:  (907) 561-0515                                                    
 POSITION STATEMENT:  Testified on HB 37.                                      
                                                                               
 AMY SKILBRED                                                                  
 Alaska Civil Liberties Union                                                  
 4477 Abby Way                                                                 
 Juneau, Alaska 99801                                                          
 Telephone:  (907) 780-4649                                                    
 POSITION STATEMENT:  Testified in opposition to HB 37.                        
                                                                               
 HONDA HEAD                                                                    
 P.O. Box 20218                                                                
 Juneau, Alaska 99802                                                          
 Telephone:  (907) 789-9664                                                    
 POSITION STATEMENT:  Testified in favor of HB 37.                             
                                                                               
 NIKKI SULLIVAN                                                                
 P.O. Box 20874                                                                
 Juneau, Alaska 99801                                                          
 Telephone:  (907) 789-2000                                                    
 POSITION STATEMENT:  Testified in support of HB 37.                           
                                                                               
 PAT DENNY                                                                     
 526 Seward Street                                                             
 Juneau, Alaska 99801                                                          
 Telephone:  (907) 586-3925                                                    
 POSITION STATEMENT:  Testified in support of HB 37.                           
                                                                               
 SID HEIDERSDORF                                                               
 P.O. Box 020658                                                               
 Juneau, Alaska 99801                                                          
 Telephone:  (907) 789-9858                                                    
 POSITION STATEMENT:  Testified in support of HB 37.                           
                                                                               
 JOHN MONAGLE                                                                  
 Alaskans for Life                                                             
 P.O. Box 210527                                                               
 Auke Bay, Alaska 99824                                                        
 Telephone:  (907) 789-5910                                                    
 POSITION STATEMENT:  Testified in support of HB 37.                           
                                                                               
 DR. PETER NAKAMURA, Director                                                  
 Division of Public Health                                                     
 Department of Health and Social Services                                      
 P.O. Box 110610                                                               
 Juneau, Alaska 99811                                                          
 Telephone:  (907) 465-3090                                                    
 POSITION STATEMENT:  Provided testimony on HB 37.                             
                                                                               
 TOM GORDY, Youth Minister                                                     
 P.O. Box 34832                                                                
 Juneau, Alaska 99801                                                          
 Telephone:  (907) 789-3953                                                    
 POSITION STATEMENT:  Testified in support of HB 37.                           
                                                                               
 ANGELA SALERNO, Executive Director                                            
 National Association of Social Workers                                        
 525 Main Street                                                               
 Juneau, Alaska 99801                                                          
 Telephone:  (907) 586-4438                                                    
 POSITION STATEMENT:  Provided testimony on HB 37.                             
                                                                               
 BOB BIRD                                                                      
 HC 1 Box 353-1                                                                
 Kenai, Alaska 99611                                                           
 Telephone:  (907) 776-5898                                                    
 POSITION STATEMENT:  Provided testimony on HB 37.                             
                                                                               
 KIMBERLY HOOVER                                                               
 P.O. Box 240156                                                               
 Douglas, Alaska 99824                                                         
 Telephone:  (907) 463-5468                                                    
 POSITION STATEMENT:  Testified in opposition to HB 37.                        
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-30, SIDE A                                                            
 Number 001                                                                    
                                                                               
 The House Judiciary Standing Committee was called to order by                 
 Chairman Joe Green at 1:05 p.m.  Members present at the call to               
 order were Representatives Con Bunde, Brian Porter, Jeannette                 
 James, Eric Croft and Chairman Joe Green.  Representative Ethan               
 Berkowitz arrived and 1:07 p.m., and Representative Norman Rokeberg           
 arrived at 1:09 p.m.                                                          
                                                                               
 HB 37 - PARENTAL CONSENT BEFORE MINOR'S ABORTION                              
                                                                               
 [Contains discussion of HB 65.]                                               
                                                                               
 Number 006                                                                    
                                                                               
 CHAIRMAN JOE GREEN announced they would first consider HB 37, "An             
 Act relating to a requirement that a parent, guardian, or custodian           
 consent before certain minors receive an abortion; establishing a             
 judicial bypass procedure by which a minor may petition a court for           
 authorization to consent to an abortion without consent of a                  
 parent, guardian, or custodian; amending the definition of                    
 `abortion`; and amending Rules 40 and 79, Alaska Rules of Civil               
 Procedure; Rules 204, 210, 212, 213, 508, and 512.5, Alaska Rules             
 of Appellate Procedure; and Rule 9, Alaska Administrative Rules."             
                                                                               
 CHAIRMAN GREEN advised members they would be working from draft               
 committee substitute, Version "F", dated 03/04/97.                            
                                                                               
 Number 138                                                                    
                                                                               
 REPRESENTATIVE PETE KELLY, prime sponsor of HB 37, presented the              
 changes made in the draft committee substitute.  He advised members           
 that the proposed legislation would require parental, or judicial             
 consent for a doctor to perform an abortion on a minor child.                 
 Representative Kelly pointed out that the proposed legislation was            
 not about abortion, but parental rights.  He added that it was a              
 common sense approach, and put into law what people instinctively             
 knew, which was that parents had the right to be involved in their            
 children's medical care.                                                      
                                                                               
 REPRESENTATIVE KELLY advised members he introduced HB 37 to enable            
 current law to require parental consent for a minor's abortion and            
 make it enforceable.  He noted that a parental consent law had been           
 on the books since 1970; however, in 1976, an attorney general's              
 opinion stated that it was unconstitutional without the provision             
 of a judicial bypass.  That opinion referenced Supreme Court cases            
 and decisions that required a judicial bypass in any state that had           
 a parental consent law in order to pass constitutional muster.                
                                                                               
 REPRESENTATIVE KELLY advised members that the judicial bypass                 
 provision would enable a teenager to seek permission from a judge             
 as an alternative to parental consent for abortion.  He noted that            
 the reason for parental consent was clear, and pointed out that               
 parents were required to provide permission prior to their child              
 taking an aspirin at school, permission to go on field trips, as              
 well as parental permission to view an R-rated film.                          
                                                                               
 REPRESENTATIVE KELLY stated that under current law, a young girl              
 could receive an abortion which could have the potential of being             
 a life threatening procedure.                                                 
                                                                               
 REPRESENTATIVE KELLY pointed out that parental involvement laws in            
 other states had had a positive impact.  It was his belief                    
 teenagers stood to benefit from the counsel of their parents in               
 what could be a very difficult time in their life.  Representative            
 Kelly also understood that there were abusive family situations,              
 which was one reason for including a judicial bypass provision.               
                                                                               
                                                                               
 Number 391                                                                    
                                                                               
 CHAIRMAN GREEN asked that Representative Kelly explain the three              
 changes in the draft committee substitute.                                    
                                                                               
 REPRESENTATIVE KELLY advised members that on page 2, line 26, the             
 words "or induced" had been added.  He pointed out that the                   
 previous version made references to "woman", which was not                    
 appropriate, as the bill addressed minors, so "woman" was changed             
 to "minor", throughout the bill.                                              
                                                                               
 REPRESENTATIVE KELLY continued, and pointed out that on page 7,               
 line 23, the draft committee substitute added a new subsection (n),           
 which clarified the appeal process.  He explained that information            
 about filing a claim would be available at each superior court,               
 district court or magistrate offices throughout the state.                    
 Representative Kelly advised members that section also stipulated             
 that there was no filing fee or court costs for the minor, and an             
 attorney would be appointed for the minor.  He noted that the minor           
 could also request a telephonic hearing, which would address some             
 of the concerns regarding rural Alaska and the inability to travel            
 to a larger city to seek a judicial bypass.  Representative Kelly             
 added that it would be necessary for a minor, in rural Alaska, to             
 travel to a larger city in order to get an abortion, as well.                 
                                                                               
 Number 694                                                                    
                                                                               
 REPRESENTATIVE ETHAN BERKOWITZ noted that the bill addressed the              
 rights of parents and asked what would happen if the parent wanted            
 the minor to have an abortion, but the minor wanted to have the               
 baby.                                                                         
                                                                               
 REPRESENTATIVE KELLY felt the parent's wishes would prevail.                  
                                                                               
 REPRESENTATIVE ERIC CROFT pointed out that the term "unmarried" was           
 included in the draft committee substitute, as well as the previous           
 version, and questioned the intent of that word.                              
                                                                               
 REPRESENTATIVE KELLY believed it had to do with an emancipated                
 youth, adding that in order to get a marriage license, the                    
 individual would have to be emancipated.                                      
                                                                               
 CHAIRMAN GREEN asked that Dr. Judith Kohler in Chicago address the            
 committee on the proposed legislation.                                        
                                                                               
 JUDITH KOHLER, Senior Legislative Counsel, Americans United for               
 Life, advised members they were a not for profit, public interest             
 law firm that had been involved in all abortion litigation around             
 the country before the U.S. Supreme Court, since, and including Roe           
 v. Wade, in 1972.  She expressed that she worked throughout the 50            
 states with state legislatures that were considering passing laws             
 relating to parental consent, such as HB 37.                                  
                                                                               
 MS. KOHLER advised members she would focus on the issue of                    
 constitutionality under federal provisions, as well as to the                 
 constitutionality of HB 37 under Alaska's State Constitution.                 
                                                                               
 MS. KOHLER reiterated Representative Kelly's statement, that the              
 proposed legislation was not about abortion, or preventing a                  
 woman's right to choose.  Ms. Kohler pointed out that the bill                
 stemmed from a different line of court cases, not Roe v. Wade, or             
 Planned Parenthood v. Danforth.  She stated that those two cases              
 gave a minor, or an adult, the right to have an abortion throughout           
 all nine months of pregnancy.  Ms. Kohler advised members that the            
 parental involvement laws stemmed from a line of cases that started           
 with Hodgson v. Minnesota, 497 U.S. 411(1990), which was a two-               
 parent notice law that the U.S. Supreme Court upheld in 1990.                 
                                                                               
 MS. KOHLER expressed that subsequent cases in the states of Ohio              
 and Pennsylvania affirmed the right of a state to regulate the                
 abortion procedure of a minor because of the state's interest in              
 protecting the health and safety of minor children.  She pointed              
 out that HB 37 was consistent with the provisions in the Minnesota,           
 Pennsylvania and Ohio laws, which require parental consent or a               
 judicial bypass, in order for a minor to receive an abortion.                 
                                                                               
 MS. KOHLER stated with regard to the judicial bypass procedure in             
 Hodgson v. Minnesota, that during the trial, on that particular               
 law, the evidence came in and showed that over the five year period           
 that the law was in effect, 3,573 requested a judicial bypass.  Of            
 those 3,573 requests, 3,558 petitions were granted; six petitions             
 withdrawn and nine petitions were denied.  One minor appealed her             
 petition, and the appeal was affirmed.                                        
                                                                               
 Number 1006                                                                   
                                                                               
 MS. KOHLER advised members that 34 states had parental involvement            
 laws, of which 27 were enforceable, with the remainder being in the           
 same position as Alaska.  Alaska's law was unconstitutional because           
 it did not include a judicial bypass provision, and HB 37 would               
 rectify that position.  She noted that with the passage of similar            
 laws in other states, teenage abortion rates decreased, as did teen           
 pregnancy rates and birth rates.                                              
                                                                               
 MS. KOHLER advised members that she felt HB 37 could be                       
 successfully litigated, if enacted into law, in a court proceeding.           
 She pointed out that the state law in Florida had been struck                 
 because of constitutional or privacy grounds.  However, she                   
 expressed that the state of California had upheld its parental                
 consent law over privacy grounds challenges.  Ms. Kohler advised              
 members that the Alaska Supreme Court had never applied the privacy           
 provision to any of Alaska's abortion laws.  She pointed out that             
 Alaska's State Constitution also protected parental rights, and               
 reiterated that HB 37 could be successfully litigated.                        
                                                                               
 CHAIRMAN GREEN asked that Ms. Kohler fax the remainder of her                 
 testimony to the committee, as there were numerous members of the             
 public waiting to testify on the proposed legislation.                        
                                                                               
 Number 1185                                                                   
                                                                               
 REPRESENTATIVE NORMAN ROKEBERG asked Ms. Kohler to cite the                   
 Pennsylvania case which allowed the states to include additional              
 provisions on an abortion proceeding.                                         
                                                                               
 MS. KOHLER advised members that case was entitled Planned                     
 Parenthood v. Casey, and that decision was issued in 1992.  She               
 explained that the decision enabled all of Pennsylvania abortion              
 laws to include parental consent, and a woman's right to know                 
 legislation that required informed consent for every woman prior to           
 the abortion procedure.                                                       
                                                                               
 REPRESENTATIVE BERKOWITZ asked how many of the 34 states had                  
 express privacy guarantees in their Constitutions.                            
                                                                               
 MS. KOHLER advised members there were only five states that had               
 express privacy guarantees within their state Constitutions, and              
 only one state, Florida, had exercised that privacy provision to              
 strike a parental involvement law.  She noted that California had             
 an express privacy provision also, and it upheld the parental                 
 consent law, even over a privacy challenge.                                   
                                                                               
 REPRESENTATIVE BERKOWITZ referenced the Minnesota statute and asked           
 how many young women, under the age of 18, died from abortions                
 prior to the enactment of the statute, and how many had died                  
 subsequent to the enactment of the statute.                                   
                                                                               
 MS. KOHLER advised members there was no information relating to               
 that in the court cases that were before the U.S. Supreme Court,              
 although she pointed out that members could request that                      
 information from the State Department of Public Health in the state           
 of Minnesota, because they did have a reporting law in effect.                
                                                                               
 MS. KOHLER noted that Representative Berkowitz had posed several              
 questions in another committee, and she reiterated her previous               
 responses to the House Judiciary Committee.  She advised members              
 that the American Association of Physicians and Surgeons gave the             
 U.S. Supreme Court information on the issue of migration.  That               
 information reflected that migration out of the state of Minnesota,           
 for the purpose of receiving an abortion, was not conducted on any            
 significant scale.  Since that time, states surrounding Minnesota             
 had enacted parental involvement laws.  Ms. Kohler stated that the            
 solution to migration was not to abolish the public health                    
 standards of stricter states, but to strengthen those standards.              
 She pointed out that the bill addressed the travel problem in the             
 state of Alaska by including a telephone provision, so it would be            
 unlikely that Alaska teens would migrate to Canada, or the lower              
 48.                                                                           
                                                                               
 Number 1379                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG asked if Ms. Kohler might address the                 
 question posed by Representative Berkowitz in a case where a minor            
 did not want an abortion, but the parents wanted the child to have            
 an abortion.                                                                  
                                                                               
 MS. KOHLER advised members that most states had state laws that               
 prohibit coercion, and would certainly prohibit the coercion of a             
 person to have an invasive medical procedure.  She felt that                  
 situation would have to be researched under Alaska state law.                 
                                                                               
 Number 1430                                                                   
                                                                               
 REPRESENTATIVE KELLY pointed out that the proposed legislation did            
 not address that situation.                                                   
                                                                               
 CHAIRMAN GREEN asked that members keep their comments to the issue            
 of parental consent.                                                          
                                                                               
 REPRESENTATIVE BERKOWITZ asked if the organization Ms. Kohler was             
 with was a parental rights group.                                             
                                                                               
 MS. KOHLER advised members Americans United for Life was a law firm           
 that assisted states in drafting laws, and assist in the defense of           
 those laws before either federal or state courts.                             
                                                                               
 REPRESENTATIVE BERKOWITZ expressed that Ms. Kohler did not answer             
 his question.                                                                 
                                                                               
 MS. KOHLER, basically, reiterated her first response.                         
                                                                               
 Number 1497                                                                   
                                                                               
 REPRESENTATIVE ERIC CROFT asked if her organization assisted in the           
 drafting of HB 37.                                                            
                                                                               
 MS. KOHLER advised members that they assist in drafting model                 
 legislation, and it was her understanding that Senator Leman and              
 Representative Kelly had drafted proposed legislation consistent              
 with the model provided by the Americans United for Life.  She                
 pointed out that the model legislation was based upon the law that            
 was successfully litigated in Planned Parenthood v. Casey, in 1992,           
 as well as on the law that was enacted in Minnesota that was                  
 affirmed in Hodgson v. Minnesota.                                             
                                                                               
 CHAIRMAN GREEN thanked Ms. Kohler for her testimony, adding that              
 the committee would appreciate receiving her written comments and             
 backup information.                                                           
                                                                               
 Number 1552                                                                   
                                                                               
 DAVID ROGERS, representing the Alaska Women's Lobby read the                  
 Lobby's prepared statement into the record as follows:  "The Alaska           
 Women's Lobby agrees with the sponsors and supporters of this bill.           
 Minor's should talk to their parents before any decisions are made            
 about a teenage pregnancy.  We are told that most do.  But like it            
 or not, some won't.  Often because they come from homes where                 
 physical violence or emotional abuse are prevalent because their              
 pregnancy is the result of child sexual abuse by a family member,             
 a stranger or a date rape.  And don't be surprised if many of these           
 same kids won't talk to a judge either, even if that judge is right           
 down the street.  The court room is intimidating enough for most              
 adults; it can be overwhelming for teens.  And, Mr. Chairman, how             
 can you guarantee confidentiality?                                            
                                                                               
 "Mr. Chairman, under this law, these adolescents, caught between              
 two equally unacceptable alternatives, will be at risk and in                 
 danger, either due to delays in seeking appropriate medical advice,           
 or because they take things into their own hands and run away, or             
 risk their lives by having illegal, or self induced abortions.                
 This has happened in other states and will happen in Alaska.  That            
 is quite a price to pay to send a message that most minors don't              
 need to hear.                                                                 
                                                                               
 "In any event, according to the Alaska Medical Association, there             
 is no convincing evidence that these kinds of laws will actually              
 get kids to talk to their parents who wouldn't otherwise.  In the             
 words of Judge Donald Alsup [Ph], a federal district judge from               
 Minnesota, 'A minor's unplanned pregnancy is a crisis which is not            
 conducive to an attempt to build good family communication.'  Nor             
 are we convinced that these laws will reduce abortion or birth                
 rates.  In fact, we have statistics that suggest the opposite.  So            
 for us, the potential and unintended harm that may result from this           
 legislation, clearly outweighs the potential, but unlikely good of            
 encouraging parental communication and lowering birth and abortion            
 rates.  That is best handled by developing a comprehensive                    
 prevention program which prevents the pregnancy in the first place.           
                                                                               
 "As a starting point for this discussion, we encourage you to                 
 review Three a Day:  Children Having Children in Alaska, a report             
 prepared by the Senate Advisory Council in 1989 for Senator Pearce.           
 It's important to keep in mind that parental consent is not always            
 required under state law for significant actions by a minor.  And             
 what could be more appropriate for an additional exception than               
 decisions concerning the unique, and intensely personal experience            
 of pregnancy.  It is particularly ironic that under this bill, a              
 pregnant teen must get permission to have an abortion, but will               
 continue to be considered mature enough to make independent                   
 parental decisions for her newborn child.                                     
                                                                               
                                                                               
 "Mr. Chairman, for all of these reasons, the thousands of Alaskans            
 represented by the Alaska Women's Lobby oppose HB 37.  Thank you,             
 Mr. Chairman."  This ends Mr. Roger's prepared testimony which was            
 read into the record.                                                         
                                                                               
 Number 1692                                                                   
                                                                               
 REPRESENTATIVE CROFT referenced the statistics referred to by Mr.             
 Rogers relating to the Minnesota law, and asked if he had copies              
 available.                                                                    
                                                                               
 MR. ROGERS advised members that he could provide copies to the                
 committee.                                                                    
                                                                               
 Number 1752                                                                   
                                                                               
 CHAIRMAN GREEN took testimony via teleconference from Tok, Alaska,            
 and asked that Jill Yrjana address the committee.                             
                                                                               
 JILL YRJANA, represented herself as a parent, and advised members             
 that having no consent took away her parental rights too.  She                
 noted that her concern was that the judicial bypass provision, in             
 other states, did not reduce the number of abortions taking place.            
 Ms. Yrjana stated that through testimony, she understood that of              
 those who chose to go through the judicial bypass process, only 15            
 out of approximately 3000 were not granted.  She stated that it               
 seemed to her that teenagers of abusive homes, or who did not want            
 to talk to their parents, could talk to a doctor who would then be            
 responsible for contacting DFYS, or some other organization, to               
 help the teen.                                                                
                                                                               
 Number 1825                                                                   
                                                                               
 ELIZABETH PAWUK testified via teleconference from Petersburg,                 
 Alaska, she read her statement into the record as follow:  "I'd               
 like to take this opportunity to thank you for being able to speak            
 in support of HB 37.  First of all, it is not the business of                 
 government to take over the roles of parents.  Parents should                 
 provide the financial, emotional and physical care for their                  
 children.  Providing abortions without parental consent drives                
 another wedge between parents and civil authorities, generating               
 more confusion in our young over who is in charge.  At the same               
 time, if this HB 37 is being considered, I'd also like to have you            
 all consider this too.  I would like to encourage legislators to              
 include an amendment.  Sadly, alternative situations do result in             
 which a young girl recognizes the sanctity of human life, but her             
 parents do not.  She needs to have equal recourse if her parents              
 are coercing her to consent to an abortion.                                   
                                                                               
 "I am opposed to any and all abortions.  Call it what you will,               
 justify it as best you can.  It is, and always will be the killing            
 of innocent human life.  Once priceless, human life in this country           
 now has a price.  And like all items in a capitalistic society,               
 life is now subject to the law of supply and demand and the selfish           
 desires of man.                                                               
                                                                               
 "If the medical profession of this country had had the backbone and           
 moral stamina it should have had, abortions would never have been             
 legalized.  Because of the medical profession's weak and                      
 unconscionable silence, the government of this country is being               
 forced to fill the void.  I applaud each and every one of you pro-            
 life legislators.  Yours is a difficult and challenging task, but             
 a most sacred and worthy one.  I thank you a thousand times."  That           
 concludes the prepared statement of Elizabeth Pawuk.                          
                                                                               
 Number 1917                                                                   
                                                                               
 JOHN MARX testified via teleconference from Dillingham, Alaska and            
 was concerned as to whether the fifth business day would be enough            
 to hear cases, and if the judicial bypass procedure would allow a             
 minor to go before a judge without having their parents consulted             
 or notified.                                                                  
                                                                               
 CHAIRMAN GREEN pointed out that cases going before a judge would be           
 expedited just because of the nature of the case, and would rise to           
 the top of the court calendar.  He thought Mr. Marx's question was            
 well founded, and it would be considered by committee members                 
 during deliberation on the bill.                                              
                                                                               
 Number 1986                                                                   
                                                                               
 ROSE TYONE testified via teleconference from Glennallen, Alaska.              
 She advised members she was in support of both HB 37 and HB 65.               
 She stated that from an emotional standpoint, and having had an               
 abortion in 1967, the last 20 years had involved a lot of                     
 suffering.  Ms. Tyone noted that it took her until approximately              
 four years ago to realize there was such a thing as post-abortion             
 syndrome.  She did not feel there was enough information available            
 to the young people relating to abortions.  Ms. Tyone expressed               
 that now she wished she had gone to her parents and talked with               
 them about her dilemma.                                                       
                                                                               
 MS. TYONE stressed the importance of educating teens about                    
 pregnancy and abortions, and felt that pictures of the various                
 abortion procedures would bear heavy on a teenager's mind.                    
                                                                               
 STEVE MAILLY testified via teleconference from Glennallen, Alaska,            
 and thank all pro-life representatives and the sponsors of HB 37              
 and HB 65 for introducing the legislation.  He expressed that there           
 were citizens who felt disenfranchised because this was a nation              
 that endorsed murder.  Mr. Mailly asked that the legislators do               
 everything in their power to pass both pieces of proposed                     
 legislation.  He believed in parents being wards of their children,           
 not the courts and not the state.                                             
                                                                               
 CHAIRMAN GREEN moved on to take testimony from Fairbanks, Alaska.             
                                                                               
 Number 2180                                                                   
                                                                               
 PATRICIA HUTCHINSON testified via teleconference from Fairbanks,              
 Alaska.  She stated that she was a member of the Alaska Association           
 of Family and Community Education and was concerned about the                 
 neglect of children that could occur under HB 37.  Ms. Hutchinson             
 pointed out that as currently written, the proposed legislation               
 erodes the right of parental consent which had already been                   
 established.  She felt the proposed legislation made it too easy              
 for the court to deal irresponsibly with a child.  Ms. Hutchinson             
 expressed that she was testifying to the proposed committee                   
 substitute, HB 0037 (B).  She referred to page 5, line 3,                     
 subparagraph (c), which would give the court the responsibility of            
 parental consent.  Ms. Hutchinson advised members that the proposed           
 legislation should be amended to give the court the responsibility            
 of parental observation and care of the child following the                   
 procedure.                                                                    
                                                                               
 CHAIRMAN GREEN pointed out to Ms. Hutchinson that the committee was           
 discussing Version "F", a proposed draft committee substitute of HB
 37, and asked if she was referring to Sec. 18.16.030.                         
                                                                               
 MS. HUTCHINSON stated that she was referring to that section.  She            
 advised members that if the hearing required was not heard,                   
 automatic consent would take place and she felt that language                 
 should be struck from the bill.  Ms. Hutchinson pointed out that              
 the state of Alaska did not consider a child of 17 years of age to            
 be sufficiently mature, and well enough informed to make an                   
 intelligent decision as to whether to get a tetanus shot, have a              
 wart removed or drive a car or a boat.                                        
                                                                               
 MS. HUTCHINSON pointed out that any child who could fill out two              
 forms; one at the court house and one at the clinic, could subject            
 herself to an abrasive elected procedure.  She noted that                     
 currently, HB 37 did not address the issue of health care for                 
 complications, or for education to modify behavior for the purpose            
 of preventing future pregnancies.  She felt the proposed                      
 legislation took those rights and responsibilities away from the              
 parents.  She asked if those responsibilities were being given to             
 the court or to the child.                                                    
                                                                               
 CHAIRMAN GREEN explained that the language had been drafted in that           
 manner because of a requirement relating to the judicial bypass               
 procedure.                                                                    
                                                                               
 Number 2332                                                                   
                                                                               
 ROBERTA FOSTER testified via teleconference from Naknek, Alaska.              
 She advised members that she approved of the passage of the                   
 parental consent before abortion law.  Ms. Foster noted that the              
 intent of the legislation was to strengthen the family structure,             
 and pointed out that to allow a minor child to receive medical                
 help, of any sort, from others without parental knowledge, would              
 not strengthen the family.                                                    
                                                                               
 MS. FOSTER stated that with the push for a school based medical               
 clinic coming through Goal [Ph] 2000, the increase of pro-abortion            
 involvement could greatly increase the non-parental notification              
 unless the bill offers protection for parental rights.                        
                                                                               
 MS. FOSTER advised members she would like the legislation to                  
 include a definition for the word "informed".   She felt the girl             
 should be informed that she, indeed, would be taking the life of an           
 unborn, human person.  Ms. Foster advised members she strongly                
 endorsed the spirit of HB 37, and encouraged passage of the bill.             
 Because Ms. Foster would not be available to testify on HB 65, she            
 expressed her support of that bill as well.                                   
                                                                               
 Number 2430                                                                   
                                                                               
 REPRESENTATIVE BUNDE asked Ms. Foster to elaborate on her views               
 relating to schools and Goal 2000.                                            
                                                                               
 MS. FOSTER advised members that through Goal 2000, and the                    
 possibility of other legislation at the national level, that there            
 would be a push for school-based clinics on the school premises.              
 She advised members that if the parental notification bill did not            
 pass, some of those school-based clinics would have the option of             
 recommending abortions if a teenage girl approached them for                  
 counsel.  Ms. Foster felt there could be an increase in the number            
 of abortions because of school-based clinics.                                 
                                                                               
 TAPE 97-30, SIDE B                                                            
 Number 000                                                                    
                                                                               
 REPRESENTATIVE BUNDE pointed out that he was not aware of any                 
 Alaska school-based clinics who were counseling or promoting                  
 abortion.                                                                     
                                                                               
 KATHRYN CARSSOW testified via teleconference from Anchorage.  She             
 advised members that she worked hard throughout her school years,             
 and was very active in extracurricular activities.  Ms. Carssow               
 advised members she taught bible school at the Presbyterian Church,           
 in which she was raised.  (Audio-breakup--cut-out).                           
                                                                               
 MS. CARSSOW advised members that her parents were active                      
 republicans, expressed that her mother was a warm hearted person              
 who she could talk to and count on for support.                               
                                                                               
 MS. CARSSOW expressed that midway through her senior year in high             
 school she became pregnant.  She stated that she knew she could               
 confide in her mother; however, felt it was her mistake, and her              
 problem.  Ms. Carssow stated that she knew that as soon as she                
 confided in any adult, the choice of whether or not to carry out              
 the pregnancy would be out of her hands.  She stated that HB 37               
 would take the decision out of the hands of the girl who was                  
 pregnant.  Because Ms. Carssow felt she could not approach anyone             
 with her situation, she turned to an illegal abortionist.                     
                                                                               
 MS. CARSSOW advised members that her parents could have found her             
 lying on the floor in the hallway of their home passed out and                
 bleeding.  Her parents would have been horrified if they had found            
 her unconscious.  Ms. Carssow was thankful to have lived through              
 the ordeal.  She wanted members to realize what was likely to                 
 happen if safe and legal abortions were no longer available to                
 desperate teenage girls who could not get their parent's permission           
 to receive an abortion.                                                       
                                                                               
 CHAIRMAN GREEN asked Ms. Carssow if she was aware of the judicial             
 bypass provision in HB 37.                                                    
                                                                               
 MS. CARSSOW advised members she was aware of that provision;                  
 however, as a young girl back in 1969, she would have gone with the           
 illegal abortion rather than go through a public process and face             
 a judge.                                                                      
                                                                               
 CHAIRMAN GREEN pointed out to the LIO teleconference operator in              
 Anchorage that the committee was experiencing audio problems which            
 appeared to originate in Anchorage, and asked that they look into             
 the problem.                                                                  
                                                                               
 Number 200                                                                    
                                                                               
 DEBRA JOSLIN provided testimony via teleconference from Delta                 
 Junction, Alaska.  She urged passage of HB 37, adding that she was            
 not concerned so much with the specifics and language, but the                
 intent of the bill.  Ms. Joslin pointed out that she was the mother           
 of two girls, and she would not want them to have an abortion                 
 without the privilege of having their mother's input and counsel.             
 Ms. Joslin pointed out that abortion was a life-altering experience           
 for the girl, and a life-ending experience for the baby.                      
                                                                               
 MS. JOSLIN pointed out that if parental consent was not afforded,             
 the teenager would proceed to abortion without any benefit of                 
 counsel.                                                                      
                                                                               
 Number 265                                                                    
                                                                               
 REPRESENTATIVE CROFT asked Ms. Joslin if she would give consent for           
 her daughter to have an abortion under any situation.                         
                                                                               
 MS. JOSLIN's response was that she would not.  She believed                   
 abortion was the killing of an unborn life.  Ms. Joslin confessed             
 that she had an abortion at the age of 18.  She noted that it was             
 legal and very easy to get through Planned Parenthood.  Ms. Joslin            
 explained that Planned Parenthood did not counsel her on the cons             
 of the procedure, only the pros.  She advised members that if she             
 had known then, what she knew today, she would have never gotten an           
 abortion.  The counseling she received referred to the baby as                
 "just a piece of tissue".   Ms. Joslin advised members that it was            
 1976 when she received an abortion, and she was still sorry for               
 having the abortion, adding that she would not want her daughter to           
 have to go through what she had gone through.                                 
                                                                               
 Number 321                                                                    
                                                                               
 DAN DAVIS provided testimony via teleconference from Delta                    
 Junction, Alaska.  He advised members he supported both HB 37 and             
 HB 65.  Mr. Davis pointed out that parents, in most cases, had the            
 best and greatest interest in their minor daughters, as well as               
 preborn children.  He expressed that parents were the ones bearing            
 children, not the state of Alaska, or any other state or government           
 entity.  Mr. Davis explained that parents needed to be involved in            
 situations such as abortions.  He felt that, in most cases,                   
 unwanted pregnancies were the result of irresponsibility, and asked           
 that members support both HB 37 and HB 65.                                    
                                                                               
 SHARON WAISANEN testified via teleconference from Kenai, Alaska.              
 She advised members she was the mother of three adult children, of            
 which two were adopted.  Ms. Waisanen expressed that she was also             
 a retired school teacher and high school counselor.  She advised              
 members it was amazing to her that parents felt that the state of             
 Alaska must legislate communication between parents and children.             
 Ms. Waisanen did not believe legislation would stop the act of                
 abortions, and did not believe it would make children communicate             
 more with their parents.  She noted that through all the years she            
 worked with the school system, she worked hard at promoting                   
 communication between parents and children.  Ms. Waisanen noted               
 that there were many parents who did not desire communication with            
 their children, pointing out that the state of Alaska had the                 
 greatest number of neglect, abuse and molestation of minors than              
 any other state.                                                              
                                                                               
 MS. WAISANEN expressed that many teens did not have two parents, or           
 even a guardian to care for them.  She was aware of teenagers                 
 sleeping in tents, through the winter months, in the Kenai                    
 Peninsula area whose parents had abandoned them by the time they              
 become sexually active.                                                       
                                                                               
 MS. WAISANEN felt that most minors did consult with their parents.            
 However, she expressed that it was important to have parental                 
 training programs because she felt that was the only way to prevent           
 unwanted parents and unwanted pregnancies.  Ms. Waisanen advised              
 members it would be necessary to support those types of programs              
 and provide funding for them.  She asked that members not waste               
 Alaska's money by passing anti-choice bills that might not stand up           
 in the court system, but rather, use the money to support education           
 and planned parenting.  Ms. Waisanen asked that members to vote               
 against HB 37 and HB 65.                                                      
                                                                               
 DICK WAISANEN testified via teleconference from Kenai, Alaska.  He            
 advised members he also a retired high school counselor.  Mr.                 
 Waisanen pointed out that prior to his retiring, he worked with               
 numerous teenagers, many of whom shared both the joys and sorrows             
 with their parents.  He expressed that he, unfortunately, worked              
 with many teenagers who were deathly afraid to even tell their                
 parents their grades were going to drop below a C because of the              
 possibility of physical abuse.  He believed young women, with good            
 relationships with their parents, would seek their assistance in              
 the case of an unwanted pregnancy as soon as the situation became             
 known.  Mr. Waisanen advised members that many other young women              
 could not seek assistance from their parents because of the real              
 danger of physical abuse, and were also not likely to seek or trust           
 the help of the judicial system.                                              
                                                                               
 MR. WAISANEN pointed out that to legislate mandatory consent laws             
 would impose a great danger on many of Alaska's young women.  He              
 felt the state would be much better off to put funds towards better           
 planning within the schools and community health clinics.  Mr.                
 Waisanen opposed both HB 37 and HB 65.                                        
                                                                               
 SALLY APOKEDAK testified via teleconference from Mat-Su.  She                 
 advised members she was 16 the first time she became pregnant and             
 approached the Planned Parenthood clinic and told them she wanted             
 an abortion.  She expressed that she told the counselor that her              
 father would kill her if he knew she was pregnant.  Ms. Apokedak              
 advised members that the counselor, rather than ask if she was                
 exaggerating, or attempt to find out if she had suffered violence             
 at her father's hand, hugged her and told her what an assured young           
 women she was.  Ms. Apokedak explained that the counselor assured             
 her that she was legally an adult and her parents did not need to             
 be involved.  Ms. Apokedak further stated that the counselor                  
 assured her that Medicaid would pay for the abortion and made an              
 appointment for her with a doctor, the welfare office and a                   
 hospital, and stressed the need to act quickly.                               
                                                                               
 MS. APOKEDAK stated that three days later she was not pregnant.               
 The doctor sent her home to her mom and dad with a three-month                
 supply of birth control pills.  Ms. Apokedak pointed out that she             
 did not give her informed consent, but deliberately remained                  
 uninformed.  She stated that if she would have been forced to face            
 her current wrath and weeping, there would have been no concern for           
 her self esteem and no stroking of her ego, that she would have               
 been made to feel ashamed.  Ms. Apokedak advised members that she             
 would have had to think about where she had been, where she was               
 going and think about the baby's future.  And that would have been            
 so tough that she might not have gotten pregnant, and a second                
 abortion the following year.                                                  
                                                                               
 Number 659                                                                    
                                                                               
 ARTHUR HIPPLER, Executive Director, Alaska Right to Life advised              
 members they were a 9000 person membership organization which                 
 supported HB 37.  He pointed out, however, that it was only a first           
 step and could very well be stronger, and provide stronger controls           
 to include informed consent for the child, herself, even if she               
 requested judicial bypass.                                                    
                                                                               
 MR. HIPPLER stated that he heard a statement made by a pro-abortion           
 state representative on the radio recently who hoped there would be           
 a moderate way to address the difficult question of abortion.  Mr.            
 Hippler advised members that he was curious as to what would be a             
 "moderate" way of keeping a parent from preventing the murder of              
 their unborn grandchild.                                                      
                                                                               
 Number 729                                                                    
                                                                               
 REPRESENTATIVE CROFT asked what Mr. Hippler felt the ultimate goal            
 was.                                                                          
                                                                               
 MR. HIPPLER advised members that the ultimate goal was the                    
 elimination of abortion, but beyond that, he felt the power of the            
 parent must be reinstituted to control the child.                             
                                                                               
 REPRESENTATIVE CROFT asked Mr. Hippler if he had children, and if             
 so, was there any situation in which he would consent to his child            
 having an abortion.                                                           
                                                                               
 MR. HIPPLER advised members he did have children, and would not               
 consent to his child having an abortion, quote:  "Not while I'm               
 still breathing."                                                             
                                                                               
 ERNIE LINE testified via teleconference from Mat-Su.  He advised              
 members he was 83 years old, had been a republican all his life and           
 believed, implicitly, in the rights of women.  Mr. Line pointed out           
 that women were not allowed to vote until 1920, which he felt was             
 too late.                                                                     
                                                                               
 MR. LINE expressed that with HB 37, he read about compelling state            
 interests but did not see it defined anywhere, adding that he was             
 not sure what a "compelling state interest" was, unless it was just           
 a statement made by someone, and thus it was supposed to be                   
 accepted.                                                                     
                                                                               
 MR. LINE explained that the items under Section 1(a) were all                 
 qualified statements; i.e., "often lack the ability; can be; are              
 not necessarily; parents ordinarily possess;".  Mr. Line stated               
 that the only one of those seven items that might stand the light             
 of day, was number seven; "parental involvement legislation enacted           
 in other states has shown to have a significant effect in reducing            
 abortion, birth, and pregnancy rates among minors."                           
                                                                               
 MR. LINE advised members that his fear that the effect, of the                
 proposed legislation, could well be the cause of the pregnant                 
 woman, under 16, to seek an abortion where she should not.  He                
 stated that as soon as legal abortion disappears from America, many           
 young women would be faced with the situation of seeking an illegal           
 abortion, as was done with one of the previous speakers who almost            
 died.  He added that during his time, he lived through the great              
 depression, and pointed out that that was the time of illegal                 
 abortions.  Mr. Line expressed that many women were unable to bear            
 children after the illegal abortions they obtained, and many women            
 died because of complications resulting from the illegal abortion.            
 Mr. Line felt that was what would happen again if the legislature             
 persisted in passing laws such as HB 37.  Mr. Line adamantly                  
 opposed HB 37.                                                                
                                                                               
 ROBERTA STEVENS testified via teleconference from Anchorage, and              
 advised members that it was her belief that parental consent for a            
 minor to have an abortion was an invasion of privacy.  It appeared            
 to be an effort to deny the right to abortion, entirely, to minors.           
 Ms. Stevens stated that if a minor felt she could talk to her                 
 parents about her decision, she would, and if not, the lines of               
 communication were obviously broken down and the minor would not              
 communicate.  Ms. Stevens advised members that bringing the subject           
 of an unwanted pregnancy to the attention of a parent was not the             
 time to begin to communicate with the parents.                                
                                                                               
 MS. STEVENS pointed out that it was the person carrying the fetus             
 whose life was most impacted by a pregnancy, not the life of the              
 minor's parents.  She stated that if the proposed legislation                 
 became law, it would create more problems, be unfair, and was                 
 another example of the religious-right trying to force their belief           
 on others.                                                                    
                                                                               
 MS. STEVENS referenced the testimony of the women who suffered for            
 20 years because of post-abortion trauma, and stated she had not              
 heard of anyone suffering from post-birth trauma.  Ms. Stevens                
 advised members she was a person who had been forced to breed prior           
 to abortion being legalized.  She told members that she had                   
 suffered from post-birth trauma, and imagined that many other                 
 women, in her age group, had suffered for years because they were             
 forced to breed against their will.                                           
                                                                               
 MS. STEVENS requested that HB 37 not pass.                                    
                                                                               
 Number 1078                                                                   
                                                                               
 MAESHA CHAMPION-READ testified via teleconference from Anchorage,             
 Alaska.  She advised members she was a mother of two, soon to be              
 three.  Ms. Champion-Read advised members she strongly opposed HB
 37.  She pointed out that through her experience, as a family                 
 therapist, you could not legislate communication, or legislate                
 strengthening families, as was stated in the sponsor's statement.             
 Ms. Champion-Read expressed that the state had no business of                 
 invading the privacy and rights of a person whether they're                   
 pregnant or not.  [Audio breakup--fade out.]  She stated that HB 37           
 and HB 65 involved an effort to deny a women's constitutional right           
 to privacy.  Ms. Champion-Read felt the legislature should look               
 towards expending funds towards prevention, and not waste the                 
 public's time and money on legislation that would not hold up in              
 court.                                                                        
                                                                               
 Number 1198                                                                   
                                                                               
 JANET WALLACH testified via teleconference from Anchorage, Alaska.            
 She expressed that she had previously taught school, and was also             
 a social worker who had worked with children for approximately 20             
 years.  Ms. Wallach advised members she would testify against HB 37           
 and HB 65.  She found it personally abhorrent that more than 200              
 years after the establishment of a democratic government, there               
 were people, and especially elected state representatives,                    
 attempting to take away individual rights.  [Audio--fade-out                  
 continued.]  Ms. Wallach pointed out that she cherished her                   
 personal rights, including her right to privacy.  She felt it was             
 unconscionable for state representatives to spend their time, and             
 the tax payers' money, on less than pressing issues.  Ms. Wallach             
 advised members that chipping away at the right to abortion, for              
 anyone, should not be within the purview of the state.  She                   
 expressed that the issue had been resolved by the U.S. Supreme                
 Court, and was not one of the graver problems within communities of           
 the state.  Ms. Wallach pointed out that in many cases, abortion              
 was not a first choice, but the last option to many women.                    
                                                                               
 CHAIRMAN GREEN again asked that the Anchorage LIO teleconference              
 operator check out the equipment, as testimony was still breaking             
 up.                                                                           
                                                                               
 Number 1310                                                                   
                                                                               
 ALICE JOHNSTONE testified via teleconference from Sitka, Alaska.              
 She advised members that she was a mother, grandmother and a great-           
 grandmother.  Ms. Johnstone agreed with the testimony of the last             
 four people who testified.  As was with the testimony of Mr. Line,            
 Ms. Johnstone expressed that she also lived during the time there             
 were many illegal abortions that resulted in the death of the                 
 mother.  She stated that HB 37 would promote more and more illegal            
 abortions, and more deaths and serious injuries caused by illegal             
 abortions.                                                                    
                                                                               
 MS. JOHNSTONE pointed out the fact that there were two people                 
 involved in pregnancy; a mother and a father.  She advised members            
 that the proposed legislation did not address, or include, any                
 language relating to the father of the unborn child.                          
                                                                               
 MS. JOHNSTONE advised members that contrary to testimony concerning           
 teenage birth rates following passage of parental consent bills,              
 that in the state of Minnesota, information she had, indicated that           
 teenage births increased by approximately 38 percent, rather than             
 decreased.  Ms. Johnstone pointed out that HB 37 would not prevent            
 pregnancies, but simply create more unwilling teenage mothers who             
 might be doomed to a life with a very low income due to a lack of             
 education.  She noted that abortion, in the early months, was safer           
 for a teenager than carrying her pregnancy to term.  Ms. Johnstone            
 requested that members place a do not pass recommendation on HB 37.           
                                                                               
 Number 1417                                                                   
                                                                               
 REPRESENTATIVE JAMES thanked Mr. Johnstone for bringing up the fact           
 that it takes two to tango; that there was a father involved, and             
 appreciated that matter being brought forward.                                
                                                                               
 REPRESENTATIVE ROKEBERG asked if Ms. Johnstone would send the                 
 committee the information she had relating to the state of                    
 Minnesota's experience of an increase in teen pregnancies.                    
                                                                               
 MS. JOHNSTONE advised members she would forward that information to           
 the House Judiciary Committee.                                                
                                                                               
 VIRGINIA PHILLIPS advised members she was the National Right to               
 Life spokesperson for American Indians and Alaska Natives, noting             
 that she was one fourth Tlingit and 72 years old.  She expressed              
 that she was in support of HB 37 because a minor did not have a               
 true enough judgment to make a decision regarding abortion.  Ms.              
 Phillips questioned the motives of anyone who would influence a               
 minor to have an abortion without consulting their parents.                   
                                                                               
 TERESA LUNDY testified via teleconference from Sitka, Alaska.  She            
 advised members she was a medical transcriptionist and represented            
 the pro-life community in Sitka.  Ms. Lundy advised members that              
 she supported HB 37, and asked how many members on the House                  
 Judiciary Committee, or the listening public, had been personally             
 touched by abortion.  She expressed that she had journeyed through            
 the abortion experience herself.  Ms. Lundy noted that there were             
 many emotional repercussions regarding an abortion, of which the              
 first was the dreaded positive pregnancy test; that was followed,             
 shortly, by the horrible reality of having to make a decision to              
 keep the baby, or abort it.  Ms. Lundy asked who could be trusted             
 to share the secret with.  She noted that cash money had to be                
 gathered, as well as securing transportation within a very short              
 time in order to get an abortion.                                             
                                                                               
 MS. LUNDY advised members that abortion was a shameful thing that             
 could not be blamed on anyone but one's self.  It was a lonely                
 journey, and during the days that follow, the woman goes through              
 the same hormone changes that would be experienced through a                  
 miscarriage.                                                                  
                                                                               
 MS. LUNDY asked if that was what individuals, who opposed HB 37,              
 wanted for their young daughters, nieces and grand-daughters.  She            
 expressed that young women needed parental support during that                
 intensely emotional and trying time, regardless of the decision to            
 abort or keep the child.  Ms. Lundy asked that members support                
 passage of HB 37.                                                             
                                                                               
 Number 1676                                                                   
                                                                               
 REPRESENTATIVE KELLY stated with respect to the testimony regarding           
 a 38 percent increase in pregnancies in the state of Minnesota,               
 that it was a statistical anomaly.  He stated that the number of              
 total births and abortions decreased; however, second trimester               
 abortions did not drop as much.  Representative Kelly stated that             
 as a percentage of the number of abortions conducted, that the                
 number would then show a rise, which was where the 38 percent came            
 from.                                                                         
                                                                               
 REPRESENTATIVE BUNDE asked if the number of pregnancies decreased             
 in the state of Minnesota after enacting the parental consent law.            
                                                                               
 REPRESENTATIVE KELLY expressed that there were less pregnancies               
 after the enactment of Minnesota' parental consent law.  He added             
 that Dr. Kohler addressed that issue in her testimony.                        
                                                                               
 REPRESENTATIVE ROKEBERG pointed out that he felt it was helpful to            
 the committee when they see what appeared to be conflicting                   
 statistics, to make sure it was clarified with some empirical                 
 evidence.                                                                     
                                                                               
 Number 1817                                                                   
                                                                               
 BARBARA RAWALT testified via teleconference from Delta Junction,              
 Alaska.  She advised members she was testifying on behalf of the              
 Republican Party, District 35, and also as a parent and                       
 grandparent.  Ms. Rawalt urged passage of HB 37 to require parental           
 consent for a minor to have an abortion.  She pointed out that                
 parents had the responsibility to guide their children, and were              
 required to give their consent on many more mundane matters.  Ms.             
 Rawalt stated that, surely, a parent should be aware of a                     
 potentially life-threatening surgical procedure, and urged passage            
 of HB 37.                                                                     
                                                                               
 JOE CLAIRE MCBRIDE testified via teleconference from Delta                    
 Junction, Alaska.  Ms. McBride advised members she was in support             
 of HB 37, as a parent, grandparent and just recently a great-                 
 grandparent.  She pointed out that she had always been involved in            
 the decisions of her children and urged passage of HB 37.                     
                                                                               
                                                                               
 ROBERT HILLIKER testified via teleconference from Delta Junction,             
 Alaska.  He advised members that, in his opinion, he did not think            
 the government; federal, state or local, had any businesses                   
 meddling in the affairs of the family.  Mr. Hilliker advised                  
 members that situations should be resolved by parents, who should             
 have complete authority over their minor children.  He expressed              
 that a minor should not be forced to have an abortion against her             
 will, even though he was against abortions of any kind.                       
                                                                               
 MR. HILLIKER advised members that because he lived out in the Bush,           
 he might not be able to return to speak on HB 65, and pointed out             
 that he opposed that bill, as well.  He stated that if the mother's           
 life was in danger, it would certainly be known before the baby was           
 99 percent born.  Mr. Hilliker advised members that partial birth             
 was evil, and against all factors of morality, and in his opinion,            
 murder against the laws of nature of the all mighty God.  He stated           
 that anyone with a healthy conscience, should never do, or allow              
 such a thing to be done.                                                      
                                                                               
 Number 1998                                                                   
                                                                               
 REPRESENTATIVE BUNDE asked if what Mr. Hilliker was saying was that           
 parents should have total control over their children, unless they            
 would require the child to have an abortion.                                  
                                                                               
 MR. HILLIKER stated that was correct.                                         
                                                                               
 TERESA KILLION testified via teleconference from Fairbanks, Alaska.           
 She advised members she was testifying as a parent in support of HB
 37.  She stated that the bill was common sense legislation, and               
 reaffirmed that parents should be involved in decisions that                  
 involve their children, adding that abortion was no light matter.             
 Ms. Killion asked that members pass HB 37, noting that it might not           
 be politically correct, or a popular subject, but it was a good               
 bill and felt that, she, as a parent, needed the legislation.                 
                                                                               
 RUTH EWIG testified via teleconference from Fairbanks, Alaska, in             
 support of HB 37.  She noted that she had talked to friends about             
 the issue and the question had been posed to her, quote:  "You mean           
 teens get an abortion without parental knowledge or consent?"                 
 "When was it legalized?"  Ms. Ewig pointed out that even though the           
 law was clear on a parent's legal guardianship of a minor, that               
 somehow the act of abortion was taking place without the knowledge            
 of the parent.  Ms. Ewig expressed that teens were being advised to           
 get abortions through the school system; undermining parents, and             
 directed to abortion clinics, without even the knowledge of the               
 parent.                                                                       
                                                                               
 MS. EWIG referenced an article in the World Magazine in August 1996           
 which reported that 58 sixth graders in Pennsylvania were herded              
 into a nurses room and told to undress for a vaginal exam.  She               
 advised members that had been done without parental knowledge, and            
 since then, parents had gotten together to ensure that would not              
 happen to the next year's sixth graders.                                      
                                                                               
 MS. EWIG pointed out that during a hearing held on HB 37 by the               
 House State Affairs Committee, she listened to a person from Juneau           
 who claimed to be a victim of abusive parents when she was a                  
 teenager, and that she would not have wanted to approach them for             
 the purpose of consent to abort her baby.  Ms. Ewig disagreed that            
 legislation should be based on a few exceptions, such as that.                
                                                                               
 MS. EWIG felt the object of HB 37 was to surround the teenager with           
 help in the decision making process.                                          
                                                                               
 TAPE 97-31, SIDE A                                                            
 Number 000                                                                    
                                                                               
 SCOTT CALDER testified via teleconference from Fairbanks, Alaska.             
 He advised members that he agreed with all the reasons that had               
 been given in support of HB 37.  Mr. Calder expressed that he                 
 disagreed with most of the reasons provided in opposition to HB 37.           
 Mr. Calder stated that he would not want to live in a world where             
 women were forced to bear children; however, he felt the                      
 information that had presented on the proposed legislation was                
 misleading.                                                                   
                                                                               
 MR. CALDER stated that the insinuation that parents possessing                
 medical information may be a reason for them to be involved,                  
 completely avoided the issue of the parental moral values, and                
 other family considerations, which were primary to the decision               
 making process.                                                               
                                                                               
 MR. CALDER pointed out that the court authorization was constructed           
 for potentially nothing except people allowing paperwork to pass by           
 without acting on it.  He pointed out that he did agree with the              
 reasons put forth in support of HB 37; however, did not believe the           
 bill was accomplishing all of what the proponents were asking that            
 it accomplish.  Mr. Calder encouraged the committee, and others, to           
 do more work on the proposed legislation, as he felt it was a                 
 significant matter that needed to be addressed.  He pointed out               
 that the proposed legislation did nothing to curtail the rampant              
 abuse of parental rights by the government of the state of Alaska,            
 as reflected in Section 18.16.030 (b)(4), which allowed for the an            
 untested allegation of abuse to be a reason for the minor to get an           
 abortion.  Mr. Calder believed the bill needed to be tightened up,            
 and reiterated that he agreed with the reasons presented in support           
 of the bill, but did not feel it was strong enough.                           
                                                                               
 BILLY TOIEN testified via teleconference from Anchorage, Alaska.              
 He advised members he was a member of the Libertarian Party, and              
 held the position of Nominations on the Executive Committee. He had           
 also been a past, and future, candidate for the state House of                
 Representatives.                                                              
                                                                               
 Number 288                                                                    
                                                                               
 MR. TOIEN stated that the libertarian's position on what goes on              
 inside a person's body was that person's business; not a matter for           
 government or other persons.  He expressed that more laws did not             
 strengthen the family.  Mr. Toien advised members that libertarians           
 believed in self-ownership; you own yourself, you own your body and           
 the fruits of your labor.  Mr. Toien stated that when others are              
 given the power to dictate a person's most personal decisions,                
 regarding one's own body, it devalued individual human life to the            
 status of chatted property.                                                   
                                                                               
 MR. TOIEN advised members that the libertarian position opposed HB
 37, and supported the individual's choice; not the choice of                  
 others.                                                                       
                                                                               
 REPRESENTATIVE JAMES asked Mr. Toien if he felt a young teenager,             
 getting pregnant, was a show of responsibility.                               
                                                                               
 MR. TOIEN expressed that the teen was responsible for her own                 
 actions.  He stated that it was not something that should be farmed           
 out to government, the police or the schools, adding that it could            
 not even be farmed out to other family members.  Mr. Toien advised            
 members if the teen had a healthy relationship with her family, she           
 would seek guidance and counseling from them.                                 
                                                                               
 HUGH FLEISCHER testified via teleconference from Anchorage, Alaska.           
 He advised members he opposed HB 37.  Mr. Fleischer felt the                  
 committee should closely consider the testimony given by the                  
 counselor and teacher from Kenai, Alaska.  He pointed out that the            
 proposed legislation was contradicting itself.  Under the first               
 section it referenced "immature minors".  Mr. Fleischer asked how             
 mature a child parent would be.  He felt it would be in the best              
 interest of the state of Alaska to vote against HB 37, adding that            
 it was a disservice to the state.                                             
                                                                               
 THEDA PITTMAN testified via teleconference from Anchorage, Alaska.            
 She pointed out that over the past two hours she had heard Ms.                
 Kohler speak several times, and it was her understanding that Ms.             
 Kohler was an attorney for a pro-life organization, not a doctor.             
 Ms. Pittman pointed out that Ms. Kohler cited several cases;                  
 however, only provided the information about the cases that support           
 her view point.                                                               
                                                                               
 MS. PITTMAN advised members that under the California case,                   
 presently, the parental consent with judicial bypass case was                 
 upheld; however, was subject to re-review by the California Supreme           
 Court.  She pointed out that the trial court, in that case, proved            
 that legislation, such as HB 37, did not encourage parent-child               
 communication, and would not accomplish its stated purpose.                   
                                                                               
                                                                               
 MS. PITTMAN stated that the Florida case, even though overturned,             
 still had a lot of information worth reading.  She advised members            
 there was also a huge amount of information on the Minnesota case.            
 Ms. Pittman stated, with respect to the 38 percent figure, that the           
 increase in second trimester abortions meant that those young women           
 had to wait and had delays in their abortions.  She pointed out               
 that it was preferable, and safer, to have an abortion at the early           
 stages of pregnancy, and 38 percent was an important number, and              
 should not be dismissed as only meaning the abortions involved                
 second trimester abortions.                                                   
                                                                               
 MS. PITTMAN expressed that what the Minnesota law came down to, was           
 that 3500 young women had to go to court for no good reason.  She             
 pointed out that, similarly, in another state over a period of                
 years, that with 14,000 cases, not one of them resulted in a woman            
 being turned down, and consequently, not having an abortion.                  
                                                                               
 MS. PITTMAN stated that the ultimate goal of the proposed                     
 legislation was the elimination of abortion in the state.  She                
 suggested that if members questioned witnesses carefully, they                
 would find out that the ultimate goal was to ban the sale of                  
 condoms, IUD's; methods of contraception that would prevent                   
 unplanned pregnancies, which were the items that would really                 
 prevent abortions.                                                            
                                                                               
 REPRESENTATIVE CROFT asked if Representative Kelly had all the                
 information relating to the Minnesota case.                                   
                                                                               
 REPRESENTATIVE KELLY advised members he would provide that                    
 information.                                                                  
                                                                               
 REPRESENTATIVE BERKOWITZ was curious to know if anything else was             
 going on in Minnesota at the same time.                                       
                                                                               
 REPRESENTATIVE KELLY could not answer that; however, pointed out              
 that it was a valid question, that one would have to look at                  
 statistics within the entire environment.                                     
                                                                               
 Number 884                                                                    
                                                                               
 REPRESENTATIVE BUNDE asked if it was Representative Kelly's intent            
 that HB 37 would be the first step to pursue the subject of                   
 pregnancy to the point of the removal of birth control devices, as            
 was suggested by one person who testified.                                    
                                                                               
 REPRESENTATIVE KELLY felt that was an absurd assertion.                       
                                                                               
 REPRESENTATIVE BUNDE's response was if HB 37 was the "camel's nose            
 under the tent", he would like to know.                                       
                                                                               
 CHAIRMAN GREEN invited Amy Skilbred to testify in Juneau.                     
                                                                               
                                                                               
 Number 933                                                                    
                                                                               
 AMY SKILBRED, representing the Alaska Civil Liberties Union,                  
 advised members when explicit privacy protection, Article 1,                  
 Section 22, was added to the Alaska Constitution, no one dropped a            
 footnote that said this would apply to some people, but not to                
 others.  Ms. Skilbred expressed that every Alaskan was protected by           
 the constitutional privacy provision, and young people also had the           
 right to privacy, including young women.  She pointed out that a              
 person's right to privacy could only be denied when the government            
 showed a compelling state interest would be served by denying                 
 individuals' privacy rights due everyone.                                     
                                                                               
 MS. SKILBRED noted that HB 37 applied to the approval for abortion,           
 but not to other medical services which teenagers could access on             
 their own.  She pointed out that there was no particular state                
 interest that set abortion apart from those other private medical             
 circumstances.  Ms. Skilbred advised members that the young woman             
 the proposed legislation sought to rein in, currently, could have             
 a child, could receive various kinds of medical treatment,                    
 including birth control pills, and could relinquish a child for               
 adoption; all without parental consent.                                       
                                                                               
 MS. SKILBRED stated that an attempt to reduce the number of                   
 abortions taking place by interfering with young women who seek an            
 abortion, did not constitute a state interest, much less a                    
 compelling one.  She advised members that the interference was                
 simply in the interest of one political view point.                           
                                                                               
 MS. SKILBRED pointed out that abortion was protected throughout the           
 country under the federal constitution.  She expressed that it was            
 quite a stretch to think that a state like Alaska, one of the few             
 that had explicit State Constitutional provisions guaranteeing                
 privacy rights, could assert a state interest to inhibit young                
 women from doing something, when the very act had been determined             
 by the Supreme Court to be protected under federal law.                       
                                                                               
 MS. SKILBRED stated that HB 37 was pattern legislation, one of many           
 such bills being introduced by anti-abortion movements all over the           
 country.  She advised members it was one of the many tactics being            
 used to erode abortion rights.                                                
                                                                               
 MS. SKILBRED advised members that HB 37 was no match for the                  
 privacy guaranteed to young women in the Alaska Constitution, and             
 deserved no further hearings in the state.  On behalf of the Alaska           
 Civil Liberties Union, Ms. Skilbred requested a do not pass                   
 recommendation on HB 37.                                                      
                                                                               
 Number 1131                                                                   
                                                                               
 REPRESENTATIVE BUNDE asked Ms. Skilbred to elaborate on the                   
 medical procedures teenagers were able to receive without parental            
 consent.                                                                      
                                                                               
 MS. SKILBRED advised members that the use of pregnancy prevention             
 methods, such as pills and other sorts of contraceptives, did not             
 require parental consent to obtain.                                           
                                                                               
 REPRESENTATIVE BUNDE felt those types of things would be separate             
 from surgical procedures.                                                     
                                                                               
 REPRESENTATIVE PORTER asked Ms. Skilbred if she was aware of                  
 whether the issue of parental consent for abortion was discussed by           
 the legislature, or found in the pro and con statements that                  
 supported the right to privacy ballot.                                        
                                                                               
 MS. SKILBRED could not respond to that question; however, said she            
 could get the information and provide members.                                
                                                                               
 REPRESENTATIVE JAMES advised members that she strongly believed in            
 parental rights, no matter what it involved, and she believed in              
 the minority of a person until they reach the age of 18.  She asked           
 Ms. Skilbred at what age she felt privacy was the overwhelming                
 determinant for a person to engage in intercourse, that would cause           
 pregnancy; when would the privacy issue kick in, and once that                
 happened, at what age was it a privacy issue.  Representative James           
 asked what other privacy issues children faced, such as the use of            
 drugs.                                                                        
                                                                               
 MS. SKILBRED provided her personal opinion on the questions posed             
 by Representative James.  She explained that she was a parent of              
 two children, and felt she was a good parent.  It was her hope that           
 as her children grew older and enter their teenage years, that if             
 her daughter became pregnant, or her son caused someone to become             
 pregnant, that they would come to her, or their father, and talk              
 about the situation.  Ms. Skilbred expressed that some children do            
 not always go to their parents with certain problems.                         
                                                                               
 MS. SKILBRED noted that there had been testimony reflecting that              
 people wanted the government to step in and enforce parental                  
 rights.  She did not see the government as stepping in and                    
 enforcing her parental rights with her children; that it was                  
 incumbent upon her and her husband to build a family in which their           
 parental rights were adhered to by their children.  Ms. Skilbred              
 stated that there was no age, or cut-off line, when it came to the            
 issue of when one should have the right to privacy.                           
                                                                               
 Number 1450                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ referenced Title 25, Section 20.025, and             
 stated that, basically, aside from the issue of termination of                
 pregnancy, it endowed a minor with the full range of the ability to           
 give consent on medical issues.  He pointed out that the caveat was           
 that once the minor signed up for the medical treatment, the                  
 provider would not be able to go after the parents for payment.               
 Representative Berkowitz felt that might weigh in member's                    
 decisions at a later point.                                                   
                                                                               
 HONDA HEAD, retired resident of Juneau, advised members that prior            
 to moving to Alaska she was a licensed, certified, social worker in           
 the state of Michigan.  She noted that back in those days, she was            
 sorry to say, an active proponent of abortion who fought hard and             
 long to get abortion legalized, never believing it would have gone            
 as far as it had.                                                             
                                                                               
 MS. HEAD advised members she was in support of HB 37.  She                    
 expressed that she had talked with many young ladies in Juneau who            
 had gone through an abortion without their parents knowing.  Ms.              
 Head suggested that members contact the Department of Education if            
 they were interested in knowing how a minor accomplished that.  She           
 pointed out that some had experienced medical problems after the              
 procedure, and the parents of one of the girls only found out about           
 the abortion when they received a bill from the clinic.  Ms. Head             
 pointed out that the girl was shipped out of state for the                    
 abortion, and back before she was due home from school that night.            
                                                                               
 Number 1684                                                                   
                                                                               
 NIKKI SULLIVAN testified on behalf of herself, but advised members            
 that in the past she had been a volunteer for crisis pregnancy, and           
 worked with post abortion counseling and education, with women who            
 had had abortions.  She expressed that it was a very emotional                
 position working with women who had gone through the trauma of                
 abortion.  Ms. Sullivan advised members that she had gone through             
 training, both in Juneau and Denver, Colorado.                                
                                                                               
 MS. SULLIVAN expressed that she was in support of HB 37; however,             
 stated that working with women who had had abortions, and were                
 suffering from post abortion trauma, that she would like to see               
 language included that would require informing young women what               
 abortion was.  She expressed that through working with post                   
 abortion women, the statement she had heard over and over again               
 was; "I didn't know.  They told me it was tissue."                            
                                                                               
 MS. SULLIVAN pointed out that she had been asked a number of times            
 to talk with youth, both in churches and schools.  She explained              
 that she would take a fetal model to her presentations, and the               
 young people were amazed at what a fetus actually looked like                 
 inside the womb.  Ms. Sullivan stressed the importance of informing           
 young women what was actually going on, and she felt the parent was           
 the best person to talk to the teens about pregnancy, and the                 
 abortion process.  Ms. Sullivan stated that the young women who               
 choose the judicial bypass route needed to be informed, at that               
 stage, as to what they were actually doing.  She noted, that for              
 the most part, the people a teen approaches with the situation, did           
 not explain the repercussions of having an abortion.                          
                                                                               
 MS. SULLIVAN referred to testimony relating to a court room being             
 intimidating, and suggested that person go to an abortion clinic              
 with a young women.  She explained that she was pro-choice in her             
 late teens and early 20s, and escorted many women to abortion                 
 clinics; she herself was a patient in an abortion clinic.  Ms.                
 Sullivan stated that if one thought going before a judge was                  
 intimidating, they should go into an abortion clinic, and go                  
 through the procedure of an abortion, if they wanted to talk about            
 intimidation.                                                                 
                                                                               
 Number 1823                                                                   
                                                                               
 REPRESENTATIVE KELLY responded to a statement made by                         
 Representative Berkowitz regarding a minor having full range of               
 medical consent.  He pointed out that the statute included a number           
 of provisos, as to whether the parent needs to be contacted, and              
 other types of things.  Representative Kelly felt it was a bit of             
 a mischaracterization to say a minor had full range medical                   
 consent.                                                                      
                                                                               
 REPRESENTATIVE BERKOWITZ pointed out that he did indicate there               
 were qualifiers included in the statute; however, minors did have             
 the ability to make those kinds of decisions.                                 
                                                                               
 PAT DENNY advised members she had been a social worker for 40 years           
 in maternity service, family therapy, adoption cases, and child               
 protection and spoke in favor of HB 37.  She expressed that many              
 times, while working with girls who were pregnant, the teen was               
 very reluctant to tell their parents.  Ms. Denny stated that                  
 through her experience, in states where parental consent was                  
 required, there were very few situations where approaching the                
 parents did not strengthen family relationships.                              
                                                                               
 MS. DENNY recognized there were dysfunctional families, but because           
 teenage pregnancy was such an epidemic, all sorts of families were            
 involved, and many would help the young teen with the situation she           
 had to face.                                                                  
                                                                               
 REPRESENTATIVE BERKOWITZ felt pregnancy was being discussed as a              
 spontaneous event, and pointed out that there was a precursor that            
 had to occur first.  He stated that it seemed to him that the                 
 emphasis ought to be on deterring unwanted pregnancies.                       
                                                                               
 MS. DENNY agreed with Representative Berkowitz statement.                     
                                                                               
 Number 2013                                                                   
                                                                               
 SID HEIDERSDORF testified as a concerned citizen, and advised                 
 members he was in support of HB 37.  He noted that there had been             
 many heart-wrenching stories on both sides of the issue; however,             
 asked that members pass the proposed legislation because he felt it           
 was simply good public policy.  Mr. Heidersdorf expressed that                
 there was a misconception among many people who assumed that                  
 parents had the right to consult with their children when they have           
 an abortion.  He pointed out that the judicial bypass provision               
 addressed cases where abusive and dysfunctional families prohibited           
 a teen from approaching her parents.                                          
                                                                               
 MR. HEIDERSDORF noted that there had been testimony about pregnant            
 girls who were willing to approach their parents with the                     
 situation, and those who would not.  He contended there was a third           
 group of teens in the middle; on the margins, who under the                   
 influence of a law, would go to their parents.  Mr. Heidersdorf               
 added that HB 37 was legislation that supported the family, and               
 demonstrated that the state was concerned about the structure and             
 integrity of the family.  He expressed that those girls who                   
 realized going to their parents was required by law, would be the             
 group of girls that HB 37 would provide the most help for.                    
                                                                               
 JOHN MONAGLE, representing Alaskans for Life, advised members they            
 were in support of HB 37.  He stated with respect to parents                  
 rights, that he felt they should be addressing parents                        
 responsibilities, and it would be hard for a parent to be                     
 responsible if they did not know the facts.                                   
                                                                               
 Number 2203                                                                   
                                                                               
 DR. PETER NAKAMURA, Director, Division of Public Health, Department           
 of Health and Social Services, felt that all would agree that the             
 state would like to see the numbers of abortions reduced.  He                 
 advised members that there were ways to reduce abortions through              
 early intervention, better education, and more opportunities for              
 family planning and family life interventions.  Dr. Nakamura felt             
 another area everyone agreed with was that parents should be                  
 involved in the affairs of their children, especially in terms of             
 accessing medical care.                                                       
                                                                               
 DR. NAKAMURA pointed out that in most cases, a law was not                    
 necessary to bring about parental involvement with their children.            
 He stated that in most of the studies he was aware of, determined             
 that approximately 60 percent of unmarried, minor pregnant women              
 would seek the counsel of their parents.  Dr. Nakamura stated that            
 of those 40 percent that would not approach their parents,                    
 approximately 20 percent would seek counsel from another                      
 responsible adult; whether it be a teacher, a member of the clergy            
 or some other member of the family.  He stated that the unfortunate           
 fact, regarding the 40 percent who would not seek parental                    
 involvement, was that approximately one third of those teens were             
 in abusive family situations.   Dr. Nakamura pointed out that there           
 were about 4 million to 5 million cases of domestic violence known            
 to the court systems annually, and at least half as many of those             
 families had children who had been abused in those homes.                     
                                                                               
                                                                               
 DR. NAKAMURA expressed that the problem with legislation, such as             
 HB 37, was that it forced children of abusive families back into an           
 environment which was not only coercive, but a situation the child            
 was trying to avoid in the first place.  He stated that overall,              
 you could not bring those children into a dysfunctional home and              
 hope communications would improve, and bring about a greater                  
 parental support.  Dr. Nakamura advised members that violence was             
 most often brought on in a dysfunctional family when it was found             
 out that a family member had gotten pregnant.                                 
                                                                               
 DR. NAKAMURA pointed out that the 38.4 percent figure had been                
 termed to represent abortions.  He expressed that what it really              
 represented was the number of increased teen deliveries; birth to             
 teenagers increased by 38.4 percent in Minnesota.  Dr. Nakamura               
 advised members that statistic could be found in the Ethics and               
 Judicial Rights Counsel for the American Medical Association.  He             
 also pointed out that the number of abortions did decrease, in the            
 three states that were studied, where a parental consent law had              
 been implemented.  However, what could be found was that there were           
 also a concomitant number of abortions done in the adjacent states.           
 Dr. Nakamura advised members they would also find that the number             
 of second trimester abortions increased, relative to the number of            
 total abortions in those states.  Dr. Nakamura advised members that           
 all the figures he had had access to indicated that the parental              
 consent laws had not helped.                                                  
                                                                               
 DR. NAKAMURA advised members that a problem he saw with the                   
 provision of judicial bypass, was access to the judicial system in            
 rural areas.  He also expressed that he could not envision a                  
 situation where a youngster, in a community without even pay                  
 phones, would be able to call up the judicial system and get the              
 kind of permission required in order to get an abortion.                      
                                                                               
 Number 2410                                                                   
                                                                               
 CHAIRMAN GREEN stated, with respect to the 40 percent reference,              
 that about one third of those were from abusive families who would            
 not want to approach their families on the subject of abortion.  He           
 felt that possibly one half of the one third would seek a judicial            
 bypass, which would leave approximately five to seven percent who             
 would be caught up in the dilemma of having to deal with their                
 situation in some other manner.  Chairman Green stated that if HB
 37 were to pass, that that represented a fairly low percentage and            
 asked Dr. Nakamura to respond to that.                                        
                                                                               
 DR. NAKAMURA pointed out that everyone was speculating; however,              
 agreed with the statement made by Mr. Heidersdorf, that there was             
 a group that could benefit from parental involvement, but those               
 types of types of cases were fairly small.                                    
                                                                               
 TAPE 97-31, SIDE B                                                            
 Number 000                                                                    
                                                                               
 CHAIRMAN GREEN stated, with respect to the increased number of                
 abortions taking place in adjacent states to those who had                    
 implemented parental consent laws, if Dr. Nakamura felt that would            
 present a problem in the state of Alaska where, in fact, there are            
 no states that boarder it, like Minnesota and the other lower 48              
 states.                                                                       
                                                                               
 DR. NAKAMURA could not respond to that question, although pointed             
 out that access to an abortion in the state of Alaska was quite               
 difficult.  He pointed out that teens, currently, had to go a                 
 significant distance to access the procedure, although felt it was            
 unlikely the teen would travel to another state in order to get an            
 abortion.                                                                     
                                                                               
 REPRESENTATIVE JAMES asked Dr. Nakamura what young girls did and              
 where they would go for help, if they had experienced abuse in the            
 home.                                                                         
                                                                               
 DR. NAKAMURA expressed that they would usually confront someone               
 they felt comfortable talking to, which could include another                 
 child, an older child, as well as a responsible adult, such as a              
 teacher.                                                                      
                                                                               
 REPRESENTATIVE JAMES felt if that was the case, the person that the           
 teen approached could lead her to the judicial bypass procedure if            
 she was seeking an abortion.                                                  
                                                                               
 DR. NAKAMURA felt that was a very conceivable possibility.  He                
 added that there was the concern of maintaining confidentiality, in           
 a small community, even when there was a responsible adult                    
 involved.  Dr. Nakamura pointed out that he had heard the comment,            
 more than once, that "the power of the parent to control their                
 child is a right that should be enforced", and his concern was that           
 the child was not being provided the right to privacy.                        
                                                                               
 REPRESENTATIVE JAMES asked at what age a child should be entitled             
 to the right to privacy.                                                      
                                                                               
 DR. NAKAMURA could not answer that, pointing out that it would                
 depend on the issue.                                                          
                                                                               
 REPRESENTATIVE JAMES asked if 10 year old should be allowed the               
 right to privacy.                                                             
                                                                               
 DR. NAKAMURA stated that if a 10 year old approach him, as a                  
 physician with a problem, and he counseled and worked with the                
 child, that if he was really concerned, the first thing he would do           
 was ask the child to involve the parent or the family.  However, if           
 there was a major barrier because of family abuse, and he knew the            
 child could go out and harm himself because he would not subject              
 himself to an abusive situation, that in a case like that, he would           
 listen to the child and attempt to maintain the child's privacy.              
 Dr. Nakamura further stated that, yes, a 10 year old, in certain              
 situations, did have the right to privacy.                                    
                                                                               
 REPRESENTATIVE JAMES expressed that the issue at hand was very                
 important to her, and agreed that the state could not legislate               
 parental behavior; however, pointed out that they could interfere             
 with it by putting laws on the books that allow people to go around           
 it, which was her biggest concern.  She asked Dr. Nakamura if a               
 child confided in him, because they could not talk to their parents           
 about a serious issue, if he would consider that an abusive family            
 relationship, or involved a situation that needed to be reported to           
 the Department of Health and Social Services, as to whether or not            
 the child should be remaining at home.                                        
                                                                               
 DR. NAKAMURA felt he would need a lot more information than he                
 presently had in order to make that kind of judgment.                         
                                                                               
 REPRESENTATIVE JAMES provided a hypothetical situation of a 14 year           
 old girl who was pregnant and absolutely insisted she could not               
 tell her parents because her father would beat her, et cetera.  She           
 asked Dr. Nakamura if he would be obligated to report the                     
 conversation to DHSS, for investigative purposes.                             
                                                                               
 DR. NAKAMURA responded that he would be required by law to report             
 a situation, as was presented by Representative James.                        
                                                                               
 REPRESENTATIVE JAMES asked if an abortion clinic would be                     
 responsible to report such a situation to the DHSS.                           
                                                                               
 DR. NAKAMURA responded that the clinic would have to report those             
 types of cases to DHSS, as well.                                              
                                                                               
 Number 268                                                                    
                                                                               
 REPRESENTATIVE PORTER asked that Dr. Nakamura reiterate the number,           
 or percentage, of teens who would not approach their families with            
 an unwanted pregnancy because of abuse in the family.                         
                                                                               
 DR. NAKAMURA advised members that, roughly, 60 percent of                     
 unmarried, pregnant teenagers would seek parental consent.  Of the            
 remaining 40 percent, one third were already living in, or exposed            
 to abusive family situations.  He did not believe HB 37 would                 
 result in an increase of parental involvement, in any way.                    
                                                                               
 Number 380                                                                    
                                                                               
 REPRESENTATIVE KELLY felt that the discussion relating to what                
 would occur in rural communities was a bit of a red herring.  He              
 pointed out that teens who did not have access to the judicial                
 system, could not get abortions in the rural communities either.              
 Representative Kelly stated that in order for those teenagers to              
 get an abortion, there would, most likely,  be some kind of a                 
 breach of privacy, because the those smaller communities, the                 
 people had grown up within a 100 yards of each other, all their               
 lives.  He noted that if minor had to go off to Anchorage, someone            
 would realize the teen was missing, and it would be a difficult               
 task for a young person to achieve, without her absence being                 
 discovered.                                                                   
                                                                               
 TOM GORDY, representing the Juneau Christian Coalition, advised               
 members he had been a youth minister for the past eight years.  He            
 did not feel the legislation was taking away the rights of children           
 because those rights were limited anyway.  Mr. Gordy stated that              
 they were talking about parental rights, which was a right that had           
 been whittled away over a given period of time.  He advised members           
 that he saw the family life deteriorating, across the country,                
 which he felt was a result of legislation that had weakened the               
 family, and given children the ability to accuse their parents of             
 certain acts, when, in fact, some accusations were totally false.             
                                                                               
 MR. GORDY informed members he was taking a group of kids to a                 
 conference in California this summer, and that he would be required           
 to have a medical treatment permission form, that provided parental           
 consent, if medical treatment was necessary for a child.  Mr. Gordy           
 pointed out that abortion was a medical procedure, and legislation            
 that he fully supported.  Mr. Gordy expressed that if parents were            
 responsible when their child breaks the law, they should be                   
 responsible for everything a child is involved in.  He also                   
 expressed his belief that in order for an abortion to be preformed,           
 both parties, child and parent, should agree.                                 
                                                                               
 Number 742                                                                    
                                                                               
 ANGELA SALERNO, Executive Director, National Association of Social            
 Workers, stated that as parental consent was being discussed, that            
 what was really being debated was the issue of abortion.                      
                                                                               
 MS. SALERNO advised members that information, from well respected             
 medical associations, reflected that teenage girls were more likely           
 to die from child birth than from a first trimester legal abortion.           
 The longer a teen, or woman waits, the more dangerous abortions               
 become.  She stated that what could result, under HB 37, was                  
 increased risks to the young woman.  Ms. Salerno advised members              
 that the American Medical Association made the following statement:           
 "Because the need for privacy may be compelling, minors may be                
 driven to desperate measures to maintain the confidentiality of               
 their pregnancies.  They may run away from home, obtain back alley            
 abortions, or resort to self induced abortion.  The desire to                 
 maintain secrecy has been one of the leading reasons for illegal              
 abortion deaths since 1973."                                                  
                                                                               
 MS. SALERNO expressed that there had been overwhelming testimony              
 that HB 37 was about outlawing abortion.  She advised members that            
 they were targeting the state's most vulnerable citizens in the               
 debate, which she felt was something that was not a compelling                
 interest to the state.                                                        
                                                                               
 Number 881                                                                    
                                                                               
 CHAIRMAN GREEN stated that with the testimony presented by Ms.                
 Salerno, that it would appear that a teen who could have an                   
 abortion would also have the right to drink in a bar, drive an                
 automobile, enlist in the service and defend the country.  He asked           
 if Ms. Salerno agreed with that scenario.                                     
                                                                               
 MS. SALERNO advised members she did not think those situations were           
 equal to abortion, in any fashion.                                            
                                                                               
 REPRESENTATIVE PORTER pointed out that Ms. Salerno expressed that             
 the intent of HB 37 was about abortion; not parental rights.  He              
 stated that if over 50 percent of adults favored abortion, he would           
 assume, given the normal circumstance, they would favor abortion              
 for the child if they thought it was appropriate in a particular              
 instance.                                                                     
                                                                               
 MS. SALERNO agreed with that statement.                                       
                                                                               
 REPRESENTATIVE PORTER asked then, why she termed the bill as being            
 about abortion.                                                               
                                                                               
 MS. SALERNO explained that she said the proposed legislation was              
 about abortion because she felt it was part of a larger strategy to           
 restrict access to abortion.                                                  
                                                                               
 REPRESENTATIVE PORTER asked Ms. Salerno, if she had a 14 year old             
 daughter with a totally unwanted pregnancy, would she allow the               
 child to undergo an abortion.                                                 
                                                                               
 MS. SALERNO advised members she would, and elaborated by stating              
 that a parenting relationship did not begin when a child was 14               
 years old and found herself pregnant.  She pointed out that good              
 parental relationships begin from day one, and would hope, in the             
 circumstance provided by Representative Porter, that she would have           
 been a good enough parent to earn the respect of her child, and to            
 have developed a good relationship with her child.                            
                                                                               
 REPRESENTATIVE PORTER felt there was a natural reluctance, on the             
 part of kids, to bring bad news to the parents, especially for                
 those who had a good relationship with their parents.  He asked Ms.           
 Salerno if she would not want to run the risk that that could                 
 happen, very easily, because someone else was counseling her child            
 and circumvented her in counseling her child.                                 
                                                                               
 MS. SALERNO's response was "of course".  She expressed that she               
 would definitely want to participate in the decision; however,                
 would hope that her family was one that had the capacity to deal              
 with the situation.  Ms. Salerno pointed out that she was not                 
 worried about "her" family, or "Representative Porter's" family,              
 per se, but concerned about the families where the proposed                   
 legislation would present a devastating blow, so much so that the             
 child could be in danger.  She felt that would happen, and that               
 there would be families who could simply not handle the situation.            
                                                                               
 REPRESENTATIVE PORTER pointed out that if more people felt as Ms.             
 Salerno explained, that rather than the bill being a step towards             
 the "nose under the tent", and the actual result being that of pro-           
 life, he would then join in her view.  However, he stressed that              
 that was not what HB 37 was about; it was about parental rights.              
 He added that he was pro-choice, supported the bill,  and that it             
 was not addressing the specific issue of abortion.                            
                                                                               
 MS. SALERNO respectfully disagreed with Representative Porter.                
                                                                               
 Number 1208                                                                   
                                                                               
 REPRESENTATIVE JAMES stated that the bill did have an abortion                
 connotation because the bill was entitled "Parental Rights on                 
 Abortion", but she took offense at the implication that the bill              
 dealt with the right to have an abortion, because it did not.  It             
 was a parents' rights issue.  She expressed that there were a lot             
 of areas in the law, where the law and government had interfered              
 with the rights of parents.  Representative James expressed, with             
 respect to the issue of a child's right to privacy, that she knew             
 what her children were doing all the time, and it was the parents             
 responsibility to know what their children were up to.  She asked             
 what Ms. Salerno's response to that would be.                                 
                                                                               
 MS. SALERNO agreed, and stated that she felt the key term was                 
 "responsibility", and reiterated that she was not a parent.  She              
 did not believe that parents get rights immediately after they bear           
 a child.  Those rights were developed, and earned, throughout the             
 child's life.                                                                 
                                                                               
 Number 1376                                                                   
                                                                               
 CHAIRMAN GREEN interjected because there was one additional person            
 who was waiting to testify from Kenai, Alaska.                                
                                                                               
 Number 1376                                                                   
                                                                               
 BOB BIRD testified via teleconference from Kenai, Alaska.  He                 
 advised members he was the former President of the Alaska Right to            
 Life, and a teacher for the past 23 years.  Mr. Bird pointed out              
 that over the past 10 years, numerous numbers of parents had placed           
 phone calls to Alaska Right to Life wondering how their child could           
 get an abortion without them knowing about it.  He expressed that             
 many of those parents were pro-choice; however, did not realize the           
 law would permit their minor child to have an abortion.                       
                                                                               
 MR. BIRD stated that he felt people possibly now realized that the            
 decision in Roe v. Wade actually meant abortion on demand.  He                
 advised members that there were no rights that were absolute; all             
 rights had limits.  Mr. Bird stated that if a person had the right            
 to abortion, that there should be limits; one being the limit of              
 the right for a minor child to get an abortion without parental               
 knowledge or consent.  Mr. Bird pointed out that Dr. Nakamura                 
 testified that he would decide what a child's right to privacy was.           
 Mr. Bird declared that doctors were not in the business of making             
 the rules; that was what the legislature was elected to do.                   
                                                                               
 MR. BIRD referenced testimony regarding post abortion syndrome,               
 pointing out that it did exist, and was initially identified by the           
 psychology profession, not a legislature or the pro-life movement.            
 He emphasized that that there were psychological and psychiatric              
 associations who had identified post abortion syndrome as a mental            
 disorder that could be professionally treated.                                
                                                                               
 Number 1649                                                                   
                                                                               
 KIMBERLY HOOVER, member of the Juneau Coalition for Pro-Choice,               
 spoke in opposition to HB 37, although indicated she would speak to           
 her own personal experience.  She felt, that in an ideal world,               
 kids would talk to their parents when having to make a decision               
 regarding and unwanted pregnancy.  Ms. Hoover stated that through             
 working at the AWARE Shelter, she realized how many families were             
 in chaos, and the kinds of families where it would not be safe for            
 a daughter to approach her parents in order to get consent for an             
 abortion.                                                                     
                                                                               
 MS. HOOVER stated that the proposed legislation was most unfair to            
 the girls who come from disadvantaged homes.  She stated that the             
 teen was the one who would have to live the decision for the rest             
 of her life, and if she felt that by telling her parents she could            
 be abused, or influence her decision, forcing her to have the                 
 child, or an abortion, that it would not be fair.  The pregnant               
 teen was the one who would have to live the decision for the rest             
 of her life.                                                                  
                                                                               
 MS. HOOVER advised members that she found herself pregnant at age             
 20, and deciding what to do was the most horrible decision she had            
 to make in her life.  She stated that she had the best parents in             
 the world, but did not want to tell them because she did not want             
 anyone to influence her decision because she was the one that would           
 have to live with it.                                                         
                                                                               
 MS. HOOVER stated that she was also concerned that the judicial               
 bypass provision would not work very well because she remembered              
 how emotional she was at the time, and was afraid that a teenage              
 girl would have a very difficult time going to a judge to ask for             
 permission to have an abortion.                                               
                                                                               
 CHAIRMAN GREEN referenced previous testimony relating to the trauma           
 of having an abortion, and asked Ms. Hoover if she would agree with           
 those statements.                                                             
                                                                               
 MS. HOOVER advised members she did not find that in her experience.           
 She explained that she went to the health clinic, on campus, and              
 did not believe the abortion procedure was as traumatic as being              
 required to go through the legal system.                                      
                                                                               
 CHAIRMAN GREEN asked if the trauma she was speaking to was because            
 she would be speaking to an attorney or a judge.                              
                                                                               
 MS. HOOVER advised members that it would be very scary to go before           
 a judge with a personal story.  She expressed that it would be much           
 easier to go to some type of clinic, or private medical clinic,               
 rather than a judge.                                                          
                                                                               
 REPRESENTATIVE PORTER asked Ms. Hoover if she would aid, and                  
 support a teen who found herself in the situation of being pregnant           
 and had parents who might possibly cause harm if the teen went to             
 them.                                                                         
                                                                               
 MS. HOOVER advised members that she would definitely help a                   
 teenager, that came to her, go through the legal process if HB 37             
 was the enacted into law; however, emphasized that not all teens              
 had an adult they could trust enough to go to with that particular            
 situation.                                                                    
                                                                               
 REPRESENTATIVE PORTER asked Ms. Hoover if she felt that anyone in             
 the system, whether an AWARE shelter or some type of teen                     
 counselors, would assist a teen because it was the law.                       
                                                                               
 MS. HOOVER stated that she would hope so, but felt there would                
 still be some girls who would fall through the cracks who might end           
 up having a baby they were not able to take care for, or put off              
 the decision so long that it would not be safe to get an abortion.            
                                                                               
 Number 2023                                                                   
                                                                               
 CHAIRMAN GREEN expressed that he was having some difficulty                   
 understanding how a young women would allow herself to have an                
 abortion, rather than have the baby and give it up for adoption.              
                                                                               
 MS. HOOVER advised members that was her hardest decision.  She                
 stated that if someone had approached her and said they wanted the            
 baby, that she would want to give the baby to them.  But after she            
 thought about it, long and hard, and decided it would be harder for           
 her to carry the baby, give birth, and then give the baby up, than            
 it was to end her pregnancy.                                                  
                                                                               
                                                                               
 CHAIRMAN GREEN asked Ms. Hoover if she thought her decision to end            
 the pregnancy was easier because she did not consider what was                
 growing inside her as being a baby, and that if born, it would be             
 a baby.                                                                       
                                                                               
 MS. HOOVER responded that she did feel like she knew it was life,             
 or potential life, and that was why the decision was so incredibly            
 hard to make.  She still felt it was the right decision for her.              
                                                                               
 CHAIRMAN GREEN pointed out that Ms. Hoover indicated how tormenting           
 it was to arrive at the decision she did at age 20, and his concern           
 was if she would have been capable of making the decision at age 15           
 without the solace of somebody else helping her.                              
                                                                               
 MS. HOOVER advised members that she would definitely want someone             
 to help her through the situation, but someone who was                        
 nonjudgmental, who would ultimately let her make the final                    
 decision, because she would be the one that had to live with it.              
 She added that any girl who finds herself pregnant in high school             
 needed someone to talk to about it.                                           
                                                                               
 CHAIRMAN GREEN advised members that public testimony was now closed           
 on HB 37.                                                                     
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 Number 2302                                                                   
                                                                               
 CHAIRMAN GREEN adjourned the House Judiciary Committee meeting at             
 4:10 p.m.                                                                     
                                                                               

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