Legislature(1993 - 1994)

02/10/1993 01:39 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
                                                                               
                   SENATE JUDICIARY COMMITTEE                                  
                        February 10, 1993                                      
                            1:39 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Senator Robin Taylor, Chairman                                               
  Senator Rick Halford, Vice Chairman                                          
  Senator Dave Donley                                                          
  Senator Suzanne Little                                                       
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Senator George Jacko                                                         
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  SENATE BILL NO. 53                                                           
  "An  Act  annulling  changes  made  by  certain  regulations                 
  adopted  by  the Department  of  Health and  Social Services                 
  relating to funding  of abortion services under  the general                 
  relief  medical  program;  and  providing  for an  effective                 
  date."                                                                       
                                                                               
  PREVIOUS COMMITTEE ACTION                                                    
                                                                               
  SB 53 - See HESS minutes dated 1/27/93.                                      
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Bonnie Jack                                                                  
  Coalition of Alaskans for Choice                                             
  1063 W 20th Ave.                                                             
  Anchorage, Alaska 99503                                                      
  POSITION STATEMENT:  Supported SB 53.                                        
                                                                               
  Ruth Ewig                                                                    
  2325 30th Ave.                                                               
  Fairbanks, Alaska 99701                                                      
  POSITION STATEMENT:  Opposed SB 53.                                          
                                                                               
  Teresa Crevier                                                               
  1123 Black Bear                                                              
  Ketchikan, Alaska 99901                                                      
  POSITION STATEMENT:  Opposed SB 53.                                          
                                                                               
  Alice Young                                                                  
  P.O. Box 6161                                                                
  Sitka, Alaska 99835                                                          
  POSITION STATEMENT:  Opposed SB 53.                                          
                                                                               
  Douglas Merwin                                                               
  HC2, Box 701                                                                 
                                                                               
                                                                               
  Soldotna, Alaska 99669                                                       
  POSITION STATEMENT:  Opposed SB 53.                                          
                                                                               
  Amelia Endorf                                                                
  P.O. Box 34485                                                               
  Juneau, Alaska 99801                                                         
  POSITION STATEMENT:  Opposed SB 53.                                          
                                                                               
  Eileen Self, President                                                       
  Coalition of Alaskans For Choice                                             
  5808 Miley Road                                                              
  Anchorage, Alaska 99504                                                      
  POSITION STATEMENT:  Supported SB 53.                                        
                                                                               
  Meg Gaydosik                                                                 
  1024 Fifth Avenue                                                            
  Fairbanks, Alaska 99701                                                      
  POSITION STATEMENT:  Supported SB 53.                                        
                                                                               
  Charles Gass                                                                 
  719 Grant Street                                                             
  Ketchikan, Alaska 99901                                                      
  POSITION STATEMENT:  Opposed SB 53.                                          
                                                                               
  Mary Soltis                                                                  
  3208 Halibut Point                                                           
  Sitka, Alaska 99835                                                          
  POSITION STATEMENT:  Opposed SB 53.                                          
                                                                               
  Patricia Merwin                                                              
  HC2 Box 701                                                                  
  Soldotna, Alaska 99669                                                       
  POSITION STATEMENT:  Opposed SB 53.                                          
                                                                               
  Helen Alten, President                                                       
  American Association of University Women, Alaska Division                    
  P.O. Box 22512                                                               
  Juneau, Alaska 99801                                                         
  POSITION STATEMENT:  Supported SB 53.                                        
                                                                               
  Sue Miller                                                                   
  P.O. Box 211248                                                              
  Juneau, Alaska 99801                                                         
  POSITION STATEMENT:  Opposed SB 53.                                          
                                                                               
  Sid Heidersdorf                                                              
  P.O. Box 020658                                                              
  Juneau, Alaska 99801                                                         
  POSITION STATEMENT:  Opposed SB 53.                                          
                                                                               
  Pat Denny                                                                    
  526 Seward                                                                   
  Juneau, Alaska 99801                                                         
  POSITION STATEMENT:  Opposed SB 53.                                          
                                                                               
                                                                               
  Sue Hecke                                                                    
  315 E St.                                                                    
  Douglas, Alaska 99824                                                        
  POSITION STATEMENT:  Opposed SB 53.                                          
                                                                               
  Elmer Lindstrom, Special Assistant                                           
  Department of Health and Social Services                                     
  P.O. Box 110601                                                              
  Juneau, Alaska 99811-0601                                                    
  POSITION  STATEMENT:    Submitted  position  paper  and  was                 
  available to answer questions.                                               
                                                                               
  Cathy Polk                                                                   
  P.O. Box 020196                                                              
  Juneau, Alaska 99802                                                         
  POSITION STATEMENT:  Opposed SB 53.                                          
                                                                               
  Sherrie Goll                                                                 
  Alaska Women's Lobby                                                         
  P.O. Box 22156                                                               
  Juneau, Alaska 99801                                                         
  POSITION STATEMENT:  Supported SB 53.                                        
                                                                               
  Myrna Maynard                                                                
  2237 Forest Park Dr.                                                         
  Anchorage, Alaska 99508                                                      
  POSITION STATEMENT:  Supported SB 53.                                        
                                                                               
  Kris Grose                                                                   
  Alaska Interior Right to Life                                                
  1111 Eliz Street                                                             
  North Pole, Alaska 99705                                                     
  POSITION STATEMENT:  Opposed SB 53.                                          
                                                                               
  Sharon Harper                                                                
  P.O. Box 9527                                                                
  Ketchikan, Alaska 99901                                                      
  POSITION STATEMENT:  Opposed SB 53.                                          
                                                                               
  Louise Mathews                                                               
  3208 Halibut Pt. Rd., #15                                                    
  Sitka, Alaska 99835                                                          
  POSITION STATEMENT:  Opposed SB 53.                                          
                                                                               
  Monte Smith                                                                  
  43635 Sport Lake Road                                                        
  Soldotna, Alaska 99669                                                       
  POSITION STATEMENT:  Opposed SB 53.                                          
  Randall Burns, Executive Director                                            
  Alaskan Affiliate of the Alaska Civil Liberties Union                        
  P.O. Box 201844                                                              
  POSITION STATEMENT:  Supported SB 53.                                        
                                                                               
                                                                               
  Mike Prax                                                                    
  1015 Meadow Rd.                                                              
  Fairbanks, Alaska 99701                                                      
  POSITION STATEMENT:  Opposed SB 53.                                          
                                                                               
  Kathleen Toole                                                               
  P.O. Box 5521                                                                
  Ketchikan, Alaska 99901                                                      
  POSITION STATEMENT:  Opposed SB 53.                                          
                                                                               
  Virginia Phillips                                                            
  404 Lake St.                                                                 
  Sitka, Alaska 99835                                                          
  POSITION STATEMENT:  Opposed SB 53.                                          
                                                                               
  Nancy Odom                                                                   
  1070 Flat Rabbit Rd.                                                         
  Fairbanks, Alaska 99705                                                      
  POSITION STATEMENT:  Opposed SB 53.                                          
                                                                               
  Heather Muench                                                               
  P.O. Box 6811                                                                
  Ketchikan, Alaska 99901                                                      
  POSITION STATEMENT:  Supported SB 53.                                        
                                                                               
  Deborah Luper                                                                
  1217 Crescent Dr.                                                            
  Anchorage, Alaska 99501                                                      
  POSITION STATEMENT:  Opposed SB 53.                                          
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-8, SIDE A                                                            
  Number 001                                                                   
                                                                               
  SENATOR TAYLOR called the meeting to  order at 1:39 p.m. and                 
  announced SB 53 ANNULLING ABORTION FUNDING REGULATIONS to be                 
  up  for consideration, but  that he didn't  intend on taking                 
  action  at this meeting.   He said he  would begin by taking                 
  testimony from teleconference sites.                                         
                                                                               
  BONNIE JACK, Coalition of Alaskans for  Choice, said she was                 
  representing herself.   She supported  SB 53.   She urged  a                 
  fair and speedy progress.                                                    
                                                                               
  SENATOR DONLEY said  he would be proposing  amendments to SB
  53 to make this a permanent fix to the problem by putting it                 
  in statute that this  would be pursuant to federal  law that                 
  folks would be eligible for  this assistance under medicaid.                 
  He asked  her  if she  thought it  should be  dealt with  in                 
  regulation or statute.                                                       
                                                                               
  MS.JACK said abortion should be fair, safe, and legal.  If a                 
                                                                               
                                                                               
  rich woman can have  an abortion, a poor one should  be able                 
  to, also.                                                                    
                                                                               
  Number 160                                                                   
                                                                               
  RUTH EWIG,  Fairbanks, opposed  SB 53  and read  a statement                 
  prepared by  the Chairman  of the  Women's Commission  which                 
  opposed SB 53 because human life is precious.  It  begins at                 
  conception  and should be  valued, nurtured,  and protected.                 
  The  mental and  physical well-being  of women  is  of great                 
  importance to this Board.  Abortion has serious side effects                 
  for women.                                                                   
                                                                               
                                                                               
  MS. EWIG  read her own statement which was opposed to SB 53.                 
  She  drew  a parallel  between  slavery and  abortion.   She                 
  thought it was time  to take another statewide vote  on this                 
  issue.  She said 7  - 10 other people were faxing  testimony                 
  against this bill.                                                           
                                                                               
  Number 271                                                                   
                                                                               
  TERESA CREVIER, Ketchikan,  opposed SB  53 because it  would                 
  deny Alaskan children  their life,  liberty, and pursuit  of                 
  happiness.    She  said one  of  state  government's primary                 
  functions was to protect life.  She requested  the Committee                 
  to commission a long  term study on the effects  of abortion                 
  on the children who are terminated by  it and to find out if                 
  the  methods  used  are  humane  and  if this  is  the  most                 
  effective population control procedure that's available.                     
                                                                               
  Number 300                                                                   
                                                                               
  ALICE YOUNG, opposed SB 53.  There are other good options to                 
  abortion, she said.                                                          
                                                                               
  DOUGLAS  MERWIN,  Kenai, opposed  SB 53.    He did  not want                 
  abortions to be fundable under  the Department of Health and                 
  Social Services.                                                             
                                                                               
  Number 330                                                                   
                                                                               
  AMELIA ENDORF, Juneau, was hear because of the fiscal crisis                 
  facing our  state.  She said  there was a program  that gave                 
  women  a  choice  about   their  pregnancy  was  financially                 
  decimated.   Two out of five  counselors remain.  Yet it was                 
  no hardship  to find  money to  force women  to destroy  the                 
  fragile life they held.   Many chose abortion, because  they                 
  had no other choice.  She said within the state abortion was                 
  the only option to be funded.  Other options were not funded                 
  by  the state.    Abortions should  be  funded from  private                 
  donations.                                                                   
                                                                               
  Number 350                                                                   
                                                                               
                                                                               
  EILEEN  SELF, President, Coalition  of Alaskans  For Choice,                 
  supported passage of SB 53.                                                  
                                                                               
  Number 376                                                                   
                                                                               
  MEG GAYDOSIK, Fairbanks,  is a former  member of the  Alaska                 
  Women's  Commission.  She did not  think the testimony heard                 
  today  from  the  Women's  Commission  represented  most  of                 
  Alaskan women.   She supported  passage of SB  53.   Denying                 
  women  the right  to  an abortion  because  of her  economic                 
  status is  simply unacceptable.   Abortion  must be  treated                 
  like any other  medical procedure.   She recommended a  film                 
  called "Before Abortions Were Legal."   It shows how a woman                 
  at a particular time in her life will go to any  extremes to                 
  end an unwanted pregnancy  - to the point of laying down her                 
  life.   On the other hand, at  a point later in her life, if                 
  she  decides  she  wants to  bear  a  child,  she will  also                 
  willingly lay down  her life  to bring that  child into  the                 
  world.                                                                       
                                                                               
  Number 422                                                                   
                                                                               
  CHARLES GASS, Ketchikan,  opposed SB 53.   He had statistics                 
  that  he thought showed  in the years  prior to Roe  v. Wade                 
  either illegal abortions  were extremely safe or  that there                 
  just weren't that  many performed.  By funding  abortion for                 
  the poor,  you are  increasing the  number of abortions  and                 
  perpetuating a  lifestyle of  irresponsible sexual  behavior                 
  and  government  dependency.   He  said they  should promote                 
  policies  aimed   at  education   for  preventing   unwanted                 
  pregnancies.                                                                 
                                                                               
  Number 448                                                                   
                                                                               
  MARY  SOLTIS,  Sitka,  said the  law  justifies  abortion by                 
  saying that life inside the womb is not yet human.  In doing                 
  this, they set  a quality standard for  justifying whether a                 
  life needs to be protected.  She said the weakest members of                 
  our  society  are being  killed  by the  strongest majority.                 
  Abortion is  the ultimate despair.  It  is a depraved act of                 
  hopelessness.   She said  if a vote  to pass SB  53 is their                 
  vote to pay for the killing  of these innocent children, she                 
  wants them to kill the bill.                                                 
                                                                               
  Number 489                                                                   
                                                                               
  PATRICIA MERWIN, Soldotna,  felt strongly that the  state of                 
  Alaska should  not fund  abortions.   She felt  that at  the                 
  moment of conception a  child has its own DNA  structure and                 
  is just  as viable  as she is.   The  child's right  to live                 
  supersedes constitutionally the mother's right to privacy.                   
                                                                               
  Number 530                                                                   
                                                                               
                                                                               
  HELEN ALTEN,  President, American Association  of University                 
  Women  Alaska  Division,  said  she  represented  about  300                 
  university educated  women in  Alaska.   She read  testimony                 
  written by  Marcia McKenzie,  representing Juneau  Coalition                 
  For Pro-Choice which  has over 400 supporters  in the Juneau                 
  area, supporting SB  53.  Women  are entitled to freedom  of                 
  choice  in their reproductive life.   This choice should not                 
  be limited  because a woman  has little or  no income.   The                 
  statement she read from her  organization concurred with Ms.                 
  McKenzie's statement.                                                        
                                                                               
  Number 578                                                                   
                                                                               
  SUE  MILLER, Juneau,  said she  is pro-life.   She  believes                 
  funding for abortions should  be restricted.  Her  niece had                 
  an abortion when  she was  16 which her  family didn't  know                 
  about.  She didn't have  a choice because a person gave  her                 
  direction to this ready access that government supplied.                     
                                                                               
  TAPE 93-8, SIDE B                                                            
  Number 584                                                                   
                                                                               
  When she turned  22 she  realized that a  baby's heart  beat                 
  could be detected at 3 weeks.                                                
                                                                               
  MS.  MILLER recounted the experience she had in Valdez where                 
  three girls in her  high school class were pregnant  and the                 
  whole community of  550 people rallied around  the girls and                 
  became their extended family.                                                
                                                                               
  She thought the subject of abortion  or life belonged in the                 
  private sector.                                                              
                                                                               
  Number 536                                                                   
                                                                               
  SID HEIDERSDORF told the Committee about a video on abortion                 
  that he  wanted to show.  It had  no sound so that those who                 
  did not want to, would not be forced to see  or hear it.  He                 
  said  using  euphemisms,  like   termination  of  pregnancy,                 
  promoted denial.                                                             
                                                                               
  SENATOR  TAYLOR  said he  didn't want  to  stop the  flow of                 
  testimony, but when they were done  he would allow the video                 
  to be shown.                                                                 
                                                                               
  Mr. Heidersdorf is  unalterably opposed to abortion.   He is                 
  for the rights of  women, but he recognizes that  rights are                 
  not absolutes.   The infant's right to  life takes precedent                 
  over   any   life  based   on   convenience  or   any  other                 
  justification.                                                               
                                                                               
  Number 467                                                                   
                                                                               
                                                                               
  PAT DENNY, Juneau,  opposed SB 53.   She is a social  worker                 
  who has worked with all kinds  of women.  She would go  into                 
  homes where people  said it was  their right to do  whatever                 
  they wanted to their children.   She said in our  society we                 
  protect our children.                                                        
                                                                               
  Number 438                                                                   
                                                                               
  SUE HECKE, Juneau,  is opposed to SB  53.  She just  spent a                 
  year in Romania in orphanages.   She said the value of  life                 
  was  such that  women  would have  babies  and abandon  them                 
  rather than have an abortion.                                                
                                                                               
  She thought that  most of  the testimony on  this issue  was                 
  coming from white middle class females  and some males.  She                 
  hadn't heard the poor come forth.   In another meeting there                 
  was testimony from  a woman with 8 children who  came from a                 
  mother  of  12 children.    She  was very  glad  they didn't                 
  believe in abortion.                                                         
                                                                               
  She thought that poor people should be more involved in this                 
  legislation, because it concerned them.                                      
                                                                               
  Number 401                                                                   
                                                                               
  ELMER LINDSTROM, Special Assistant, Department of Health and                 
  Social  Services,  provided the  Committee  with a  position                 
  paper and a fiscal  note.  He said he would  be available to                 
  answer questions.                                                            
                                                                               
  Number 379                                                                   
                                                                               
  CATHY POLK,  Juneau, opposed  SB 53.   Through  research she                 
  found that 5,000 babies were killed daily.  A lot of them in                 
  the second trimester.  She is a Christian and is against the                 
  taking of life.   Children are not protected until  they are                 
  out  of the  womb.  Rather  than pass this  bill she thought                 
  they should look for another way to help pregnant women.                     
                                                                               
  Number 357                                                                   
                                                                               
  SHERRIE GOLL, Alaska Women's Lobby,  supported SB 53 and the                 
  language from SB 55 that would  amend SB 53 to preclude  the                 
  regulations from being reintroduced immediately after  being                 
  annulled.  She  said the  state would be  hearing from  poor                 
  women who have a lawsuit against the state.                                  
                                                                               
  MS. GOLL  said  there are  privacy  issues involved  in  the                 
  regulations,  because  they  do  allow  some women  to  have                 
  abortions if they are the victims of rape or incest.                         
                                                                               
  SENATOR TAYLOR asked if the suit she referred to was the one                 
  entitled Planned  Parenthood of Alaska,  Inc. v.  et all  v.                 
  Theodore A. Mala.   She said that  was the one  she referred                 
                                                                               
                                                                               
  to.                                                                          
                                                                               
  Number 301                                                                   
                                                                               
  MYRNA MAYNARD, Anchorage, testified in favor  of SB 53.  She                 
  thought the regulations were issued by the Governor in order                 
  to appease the extreme right  wing constituency that elected                 
  him.  The  poor women of  the state should  be afforded  the                 
  right  to have  an abortion,  too.   Governor  Hickel should                 
  support education of contraception.                                          
                                                                               
  Number 249                                                                   
                                                                               
  KRIS  GROSE,  Alaska  Interior  Right  to  Life,  Fairbanks,                 
  opposed  SB  53.    She   thought  some  of  the  Governor's                 
  regulations  were  ambiguous  and  the  definition of  terms                 
  needed to be  ironed out.   For instance the definition  for                 
  "termination deemed  medically necessary" and  "endanger the                 
  mother's life" needed to be specified.  We have to legislate                 
  morality to keep our society from tearing itself apart.                      
                                                                               
  Number 221                                                                   
                                                                               
  SHARON HARPER, Ketchikan,  said she was having  trouble with                 
  the  word  termination which  she  thought was  the  same as                 
  murder.   She absolutely objected  to tax money  being spent                 
  for  anything like murder.   She thought  many people viewed                 
  abortion as a form of birth control.  She opposed SB 53.                     
                                                                               
  LOUISE MATHEWS, Sitka, opposed SB 53.   She said killing the                 
  unborn is a human  sacrifice and is used for  birth control,                 
  sex selection, and convenience.                                              
                                                                               
  Number 186                                                                   
                                                                               
  MONTE SMITH, Soldotna, opposed SB 53.  As a Christian he has                 
  strong personal and  moral objections to  abortion.  Who  is                 
  going to finance the cost of operating the government if you                 
  allow the wholesale butchering of the next generation.                       
                                                                               
  Number 162                                                                   
                                                                               
  RANDALL BURNS,  Executive Director, Alaskan Affiliate of the                 
  Alaska Civil Liberties Union, opposed the regulation changes                 
  from the Hickel  administration that would deny  any Alaskan                 
  woman  on  public  assistance  the  right to  terminate  her                 
  pregnancy, because it is unconstitutional.  They, therefore,                 
  support passage  of  SB 53.    State policy  should  support                 
  women, not subjugate them.                                                   
                                                                               
  SENATOR TAYLOR noted that he had a copy of the complaint Mr.                 
  Burns had filed.                                                             
                                                                               
  MIKE  PRAX,  Fairbanks,  said  funding  abortions  was  like                 
                                                                               
                                                                               
  condoning them and  he didn't think  that was  right.  As  a                 
  society, we have to take responsibility for our actions.                     
                                                                               
  Number 75                                                                    
                                                                               
  KATHLEEN TOOLE, Ketchikan,  opposed SB 53.   Unborn children                 
  need their  chance  at life.    She does  not want  her  tax                 
  dollars to be used in this way.                                              
                                                                               
  Number 59                                                                    
                                                                               
  VIRGINIA  PHILLIPS,  Sitka,  had an  abortion  because  of a                 
  childhood  fever.   She suffered physically  and emotionally                 
  from it.  Her daughter when she was 16 chose to complete her                 
  pregnancy and now she is a very successful and happy person.                 
  She said the abortion procedure is a rape of a woman's body.                 
                                                                               
                                                                               
  TAPE 93-9, SIDE A                                                            
  Number 001                                                                   
                                                                               
  MS. PHILLIPS  said she  is highly  opposed to  SB 53  and is                 
  opposed to the amendment.                                                    
                                                                               
  Number 35                                                                    
                                                                               
  NANCY ODOM, Fairbanks, opposed  SB 53.  We are  human beings                 
  from  the very  beginning.   She said  according  to Planned                 
  Parenthood   98%  of   the  abortions   performed   are  for                 
  convenience.  The state has exceeded its legitimate function                 
  when it pays  for the services  of the assassination of  one                 
  person for the convenience of another.                                       
                                                                               
  Number 47                                                                    
                                                                               
  HEATHER MUENCH, Ketchikan, believed that every woman at some                 
  time  in  her  life has  an  unwanted,  unplanned pregnancy.                 
  Women have the right to make a choice.  She urged passage of                 
  SB 53.                                                                       
                                                                               
  SENATOR TAYLOR  asked SID HEIDERSDORF  to show his  video at                 
  this time.   MR. HEIDERSDORF explained that  it was entitled                 
  "Hard Truth" and  was 7 minutes long.  He wanted everyone to                 
  ask themselves  if this is  something the  state should  pay                 
  for.                                                                         
                                                                               
  Number 239                                                                   
                                                                               
  DEBORAH  LUPER  said  after seeing  the  film,  she couldn't                 
  believe the procedure was  still legal.  Abortion is  wrong.                 
  It  kills  a life,  a  life  that our  U.S.  Constitution is                 
  supposed to protect.                                                         
                                                                               
                                                                               
  SENATOR  TAYLOR  thanked  everyone for  their  testimony and                 
  adjourned the meeting at 3:32 p.m.                                           

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