Legislature(1997 - 1998)

02/15/1997 10:04 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
             HOUSE STATE AFFAIRS STANDING COMMITTEE                            
                       February 15, 1997                                       
                           10:04 a.m.                                          
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Jeannette James, Chair                                         
 Representative Ethan Berkowitz                                                
 Representative Fred Dyson                                                     
 Representative Kim Elton                                                      
 Representative Ivan Ivan                                                      
 Representative Al Vezey                                                       
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 Representative Mark Hodgins                                                   
                                                                               
 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."                                                        
                                                                               
      - MOVED CSHB 37(STA) OUT OF COMMITTEE                                    
                                                                               
 (* 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                       
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 No witness register                                                           
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-14, SIDE A                                                            
 Number 0001                                                                   
                                                                               
 The House State Affairs Standing Committee was called to order by             
 Chair Jeannette James at 10:04 a.m.  Members present at the call to           
 order were Representatives James, Berkowitz, Dyson, Elton, Ivan and           
 Vezey.  Member absent was Hodgins.                                            
                                                                               
 HB 37 - PARENTAL CONSENT BEFORE MINOR'S ABORTION                            
                                                                               
 The first order of business to come before the House State Affairs            
 Standing Committee was 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."                                                        
                                                                               
 Number 0033                                                                   
                                                                               
 REPRESENTATIVE KIM ELTON wondered if there was a motion on the                
 floor to table the bill from the last meeting on February 13, 1997.           
                                                                               
 CHAIR JEANNETTE JAMES explained that she never took the motion.               
                                                                               
 Number 0063                                                                   
                                                                               
 REPRESENTATIVE ETHAN BERKOWITZ withdrew his motion in order to                
 clear up any ambiguity.                                                       
                                                                               
 CHAIR JAMES called for debate amongst the committee members.                  
                                                                               
 Number 0101                                                                   
                                                                               
 REPRESENTATIVE ELTON commented what impressed him the most during             
 the testimony was the wide variety of organizations that opposed              
 the bill, such as, church groups and national organizations.  And,            
 that the Alaskan health care professionals-unanimously-expressed              
 reservations about the parental consent and judicial by-pass                  
 approach.  The judicial by-pass provision made this an urban bill,            
 he said.  It would be easier and less expensive for a young teenage           
 mother that lived in a city than for a young teenage mother living            
 in a rural community.  In addition, he was concerned about the                
 uneven application of the safety valve-the judicial by-pass-in the            
 same court house, for example.  He was also concerned about the               
 young teenage mother and her dealings with an attorney.  "That's a            
 threshold that a lot of people aren't going to be able to get                 
 over," he declared.                                                           
                                                                               
 REPRESENTATIVE ELTON further stated that HB 37 was trying to                  
 legislate spirituality, chastity and talk.  "You just can't do                
 that.  You just can't pass a law that says talk, communicate.  It             
 just doesn't work," that way for dysfunctional families.                      
 Legislation did not work for the belief in God, chastity or                   
 drinking, he cited.  In that regard, the bill made more of a                  
 political statement than a policy statement.                                  
                                                                               
 REPRESENTATIVE ELTON further stated he was embarrassed for the                
 House State Affairs Standing Committee members because the bill was           
 being passed from the committee without any committee curiosity.              
 He cited the testimony of Kristen Bomengen, Assistant Attorney                
 General, Department of Law, that indicated there were                         
 constitutional problems with the judicial by-pass approach.                   
 Therefore, by moving the bill out of the committee at this point in           
 time was, in essence, substituting the judgement of the committee             
 members with the judgement of Ms. Bomengen.  House Bill 37 was                
 going to create a playground for attorneys for the next several               
 years.  However, if the committee members were to explore this                
 issue further, it could save time and money in the long run.  The             
 issue of constitutionality was the very fundamental question that             
 should be answered.                                                           
                                                                               
 REPRESENTATIVE ELTON further stated that he personally believed HB
 37 told a portion of the family what it had to do.  It did not                
 remove the government from the family.  It was not a conservative             
 approach; an approach that allowed for the decision to be made                
 within the family.  "It was telling one part of the family exactly            
 what they have to do and how they have to do it."  It also bothered           
 him that there was an assumption if there was something wrong with            
 the family it was the fault of the children.  "Dysfunctional                  
 families, in most cases, aren't the kids fault.  It's the parents             
 fault."  And, here was a piece of legislation that said the young             
 woman had to deal with the individuals that made a family                     
 dysfunctional.                                                                
                                                                               
 REPRESENTATIVE ELTON further stated that applying a standard rule             
 that all families were the same, was offensive.  "It just doesn't             
 work.  All families aren't the same."  He believed that all                   
 families could not handle candor without violence.  Therefore, this           
 bill put a portion of the Alaskan population at a greater risk                
 which was what the prior testimony from the professionals indicated           
 as well.  "Put aside whatever rigid, philosophical point of views             
 we may have, and just ask everybody before they vote to put those             
 things aside and think of what the consequences may be."                      
                                                                               
 REPRESENTATIVE ELTON lastly stated he appreciated the decision that           
 Chair James made on Thursday, February 13, 1997, to hear HB 37                
 again today.  It allowed him to put together his thoughts.                    
                                                                               
 Number 0729                                                                   
                                                                               
 CHAIR JAMES replied, "I understand that everything you said comes             
 from the bottom of your heart with pure sincerity."  There were two           
 sides to every story, however.  This was not an abortion issue, it            
 was a parental rights issue.  She came to this position from her              
 personal experience as a foster parent and because she was a child            
 at one time herself.  She knew how it felt when a parent told a               
 child what he or she could or could not do.                                   
                                                                               
 CHAIR JAMES further stated this was not a partisan issue either.              
 Until 1975, she was an active participant in the democratic party.            
 And, much of her belief came from that era of her life.  When she             
 came to Alaska, however, she moved to the republican party where              
 she found more comfort and support of her philosophies surrounding            
 the change in the attitude towards families.  She was concerned               
 that the families had been ripped away of their authority to take             
 care of their children.                                                       
                                                                               
 CHAIR JAMES further stated this involved the issues of attitude,              
 fairness, respect and trust.  She explained to her foster children            
 that they always started with a clean slate in her house.  "In this           
 house we start with trust.  We will trust you and expect you to               
 trust us until we find out that we can't."  That was a hard concept           
 for them to understand.  She also learned that her relationship               
 with her foster children was at best an outside one.  And, her                
 biggest responsibility was to build the bridges and heal the wounds           
 within their own families.  She could not give to them what their             
 biological family members could give to them.  "The biological                
 contributions from a mother and a father was immense.  We can't               
 ignore it."  She also believed that there were cases when a                   
 biological child and his or her parents could not live together.              
                                                                               
 CHAIR JAMES further stated she agreed with Representative Elton               
 that communication could not be legislated.  She also believed that           
 the government should not legislate interference either; which was            
 what the government had been doing these past years.  A child had             
 three choices as a minor when there was a problem:  to go to his or           
 her parents, to go to the Division of Family and Youth Services               
 (DFYS), or to go to the courts.  The government could not replace             
 the parenting or destroy the biological connections.  She                     
 reiterated HB 37 was not an abortion issue, it was a parental                 
 rights issue.                                                                 
                                                                               
 CHAIR JAMES further stated that this issue was just the beginning,            
 according to the testimony of Ms. Kristen Bomengen, Department of             
 Law, because there wasn't any protection of parental consent for              
 other surgeries.  Therefore, HB 37 was an immunity for the doctor             
 to proceed without fear of a law suit.  That was the underlying               
 premise of the bill.  She was not looking at this bill from a                 
 medical perspective, however, she was looking at this bill from a             
 parental and familial perspective.  That was the direction this               
 country needed; to encourage families to solve their problems                 
 within themselves.  She agreed there were families that were                  
 dangerous to their children.  And, she did not condemn agencies               
 that helped children in those situation.  Moreover, if a child was            
 pregnant, there was a problem before she got pregnant.  The problem           
 did not begin with the pregnancy.  In conclusion, she stated she              
 respected the comments of Representative Elton, however, there were           
 two sides to this issue.  "You have yours and I have mine."  She              
 also hoped that Representative Elton respected her position as                
 well.                                                                         
                                                                               
 Number 1405                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ stated this was a highly contentious                 
 issue; anything related to abortion or parental rights was highly             
 contentious.  And, one responsibility of elected leaders was to               
 show that this type of debate could be waged civilly and without              
 rancor.  He did not believe that he would change anybody's mind               
 here today.  He explained, there was a collision between the                  
 empirical evidence and the question of faith.  The empirical                  
 evidence indicated that young women would die as a consequence of             
 "what we do."  That was a tragedy and he wished he could do more to           
 stop that.  The question of faith was a belief that abortion, under           
 any circumstances, was wrong or that parents needed more rights.              
 He agreed with Representative Elton that this bill was another                
 example of governmental intrusion.  In the absence of government,             
 there would not be a question of notification or of a judicial by-            
 pass.  The by-pass, he said, just added another layer of                      
 government.  Moreover, HB 37 was sending a schizophrenic message to           
 juveniles.  On the one hand, "We want juveniles to pay the price              
 for being criminals, we want them publicly exposed, we want to                
 treat them as adults.  But, when they're young women who become               
 pregnant, we want to treat them as children."  That was a difficult           
 discrepancy to reconcile.  In addition, there was testimony                   
 surrounding the question of what if the parents wanted an abortion            
 and the young woman did not want an abortion.  Could a parent                 
 compel a child to have that procedure? he wondered.  And, what if             
 the answer was, "Yes," and parental consent was required?  "If                
 we're going to teach people to be responsible citizens, which is              
 one of the roles that government has, we have to do it by stepping            
 back and saying this is your life and we're not going to interfere,           
 and we're not going to intrude."  He wished that the committee                
 members would take the course of action to not intrude.                       
                                                                               
 REPRESENTATIVE BERKOWITZ further stated that everyone was sincere             
 in their belief and that was what made this question a wedge issue.           
 It pained him, however, that issues like this were used for                   
 political purposes.  "They shouldn't be," he declared.  He was not            
 accusing any committee member of using it for political purposes,             
 however.  He reiterated he was saddened by the course of action               
 today, but he felt relieved that he was able to voice his                     
 sentiments because, "I think in the course of debate we're doing              
 everything we can to show people how to behave responsibility."               
                                                                               
 Number 1643                                                                   
                                                                               
 REPRESENTATIVE FRED DYSON stated life was not easy and most of the            
 growth that he had made as an individual had been when facing a               
 tough situation.  The decision to take the life of an unborn child            
 should not be easy.  There needed to be as many considerations                
 taken in that process as possible.  A discussion with a parent or             
 with a magistrate furthered that consideration.  He shared with the           
 committee members that he participated in providing an opportunity            
 for further consideration by surrounding the door of an abortion              
 clinic years ago.  As a result, four young women thanked him for              
 that later because it allowed them to further consider their                  
 actions.  He felt it was his responsibility to make this process              
 hard, although he was sympathetic to a woman that did not want to             
 be a mother.  "That's just a part of what life is like."  He agreed           
 that legislators could not legislate moral conduct.  But, the law             
 did set standards and act as a teacher.  Therefore, by stating that           
 children needed to involve their parents in their important                   
 decisions then "we're doing something important."                             
                                                                               
 REPRESENTATIVE DYSON further stated he agreed with Representative             
 Elton that HB 37 was intrusive.  He believed in a limited                     
 government.  But, amongst the few valid rules of government, one              
 was to protect the weak against the strong.  He summarized a                  
 quotation from Hubert Humphrey, U.S. Vice President, that stated              
 the reading of a government had to do with how well it treated the            
 people on the fringes-the old, the disabled, the young and the                
 defenseless.                                                                  
                                                                               
 REPRESENTATIVE DYSON further stated it was clear that his                     
 convictions came from a spiritual belief and the Declaration of               
 Independence.  He declared, "We all have a right to life, liberty             
 and the pursuit of happiness" as provided for in the Declaration of           
 Independence.  He was unable to discover the logic that children              
 born or unborn did not have a right to that protection.                       
                                                                               
 REPRESENTATIVE DYSON further stated he found nothing in the bill              
 that indicated children were the cause of dysfunctional families.             
 Nor, did he find anything in the bill that inferred all families              
 were the same.  And, "Not all abortion providers are the same                 
 either."  There were some that were very sensitive to saving the              
 life of the child.  Nonetheless, there were many that "cranked them           
 through every 45 minutes."  It was one of the highest income                  
 professions in the country.  He was delighted that the state of               
 Alaska did not have one of these.  The abortion providers in the              
 state had a pretty good record in terms of taking care of the                 
 health of the mother.  "For that I'm pleased."  Furthermore, he               
 cited between 500 to 800 children were dying in Alaska to                     
 abortions.  He believed as did Representative Berkowitz that young            
 women would choose to go to an ill-prepared and illegal abortion              
 provider because of this bill and suffer or die because of it.  "I            
 hope that doesn't happen," however.                                           
                                                                               
 REPRESENTATIVE DYSON further stated he was very familiar with the             
 anti-abortion movement in the state, and every pro-life group                 
 allowed for an abortion if the life of the mother was threatened.             
 Those were rare cases, however.  He hoped that no abortion                    
 practitioner would coerce a young woman to undergo an abortion and            
 take the life of a child against her consent.  "My understanding is           
 most of our practitioners are more ethical than that and I hope               
 that that doesn't happen."  He also hoped that this bill was not              
 for political purposes.  In addition, he wondered why the pro-life            
 individuals believed that the four inches that a child travelled              
 down the birth canal changed the child's status before the law.               
 Moreover, the idea that children who were unwanted were in jeopardy           
 also scared him and that the "wantedness" of a person affected his            
 or her value and protection under the law.  He did not believe that           
 either Representative Berkowitz or Elton had any malice towards               
 unborn children, however.                                                     
                                                                               
 Number 2119                                                                   
                                                                               
 REPRESENTATIVE ELTON stated the net effect of HB 37 would not make            
 any difference or create any harm for the families of the committee           
 members.  He hoped that nobody inferred that from his earlier                 
 remarks.  He was, however, concerned about the dysfunctional                  
 families.                                                                     
                                                                               
 REPRESENTATIVE ELTON further stated that he appreciated the quote             
 of the former U.S. Vice President and senator, Hubert Humphrey,               
 that Representative Dyson referred to in his remarks.  As a matter            
 of fact, Hubert Humphrey was pro-choice.  He further wondered if he           
 understood the comments of Representative Dyson to indicate that              
 the debate at this table and that the votes casted did not mean               
 that one was less of a statesman or less spiritual than another.              
                                                                               
 Number 2203                                                                   
                                                                               
 REPRESENTATIVE DYSON stated that Representative Elton understood              
 his earlier remarks correctly.                                                
                                                                               
 CHAIR JAMES stated this had been a good exercise.  The debate could           
 go on for days.  It was time to move on, however.  "My personal               
 belief is that life begins at conception."  She also believed that            
 any action to save the mother was appropriate.  She further stated            
 that, "My belief is mine."  She was not here to condemn anyone                
 else's belief because she could not get into anyone else's heart.             
 She would never condemn or criticize anyone's belief, and she did             
 not want anyone to criticize or condemn her belief.  The issue of             
 abortion was one that she did not want to talk about.  But, the               
 issue of parental rights was one that she did want to talk about.             
 She also wanted to convince people-if possible-that she was right             
 through the example of how she led her life.  That was her                    
 religious and philosophical belief in a nutshell, and that was how            
 she would approach any issue.  In addition, she did not believe               
 that HB 37 was another layer of governmental interference.  In                
 fact, it took away a layer of governmental interference.  There               
 were a lot more layers to go before returning to individual                   
 responsibilities.                                                             
                                                                               
 Number 2318                                                                   
                                                                               
 REPRESENTATIVE DYSON moved that CSHB 37(STA) move from the                    
 committee with individual recommendations and attached fiscal                 
 note(s).                                                                      
                                                                               
 Number 2323                                                                   
                                                                               
 REPRESENTATIVE ELTON objected.  A roll call vote was taken.                   
 Representatives James, Dyson, Ivan and Vezey voted in favor of the            
 motion.  Representatives Berkowitz and Elton voted against the                
 motion.  The CSHB 37(STA) was passed out of the House State Affairs           
 Standing Committee.                                                           
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 CHAIR JAMES adjourned the House State Affairs Standing Committee              
 meeting at 9:45 a.m.                                                          
                                                                               
                                                                               

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