Legislature(2013 - 2014)BELTZ 105 (TSBldg)
03/11/2013 05:00 PM Senate JUDICIARY
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| SB49 | |
| Adjourn |
* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
| += | SB 49 | TELECONFERENCED | |
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ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 11, 2013
5:04 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Lesil McGuire, Vice Chair
Senator Fred Dyson
Senator Donald Olson
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 49
"An Act defining 'medically necessary abortion' for purposes of
making payments under the state Medicaid program."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 49
SHORT TITLE: MEDICAID PAYMENT FOR ABORTIONS; TERMS
SPONSOR(s): SENATOR(s) COGHILL
02/11/13 (S) READ THE FIRST TIME - REFERRALS
02/11/13 (S) JUD, FIN
02/15/13 (S) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS
02/15/13 (S) JUD, FIN
02/27/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/27/13 (S) Heard & Held
02/27/13 (S) MINUTE(JUD)
03/04/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/04/13 (S) Heard & Held
03/04/13 (S) MINUTE(JUD)
03/05/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/05/13 (S) Heard & Held
03/05/13 (S) MINUTE(JUD)
03/11/13 (S) JUD AT 5:00 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
LYNN ECOLA, representing herself
Petersburg, Alaska
POSITION STATEMENT: Testified in opposition to SB 49.
KEN SINEE (ph), representing himself
Ketchikan, Alaska
POSITION STATEMENT: Testified in support of SB 49.
RACHAEL GIERHART, representing herself
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 49.
PAT CHAMBERS, representing herself
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 49.
ALICIA MARRIOTT, representing herself
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 49.
WILLIAM COX, M.D., representing himself
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to SB 49.
LYNETTE PHILLIPS, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 49.
AMY WALKER, representing herself
Palmer, Alaska
POSITION STATEMENT: Testified in support of SB 49.
CAREN ROBINSON, Lobbyist
Alaska Women's Lobby
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 49.
LANCE ROBERTS, representing himself
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 49.
DIANA CONWAY, representing herself
Halibut Cove, Alaska
POSITION STATEMENT: Testified in opposition to SB 49.
KATE FINN, representing herself
Homer, Alaska
POSITION STATEMENT: Testified in opposition to SB 49.
KAREN LEWIS, representing herself
MatSu, Alaska
POSITION STATEMENT: Testified in support of SB 49.
DYLAN ROBERTSON, representing himself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 49.
PAIGE HODSON, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 49.
ED GOANS, representing himself
Soldotna, Alaska
POSITION STATEMENT: Testified in support of SB 49.
RAMONA DUBY, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in strong opposition to SB 49.
JEFFREY MITTMAN, Executive Director
ACLU of Alaska
Anchorage, Alaska
POSITION STATEMENT: Offered to answer questions, and reminded
the committee that the ACLU had submitted both written and oral
testimony stating opposition to SB 49.
PAT MARTIN, representing himself
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 49.
COLLEEN MURPHY, M.D., representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 49.
ALBERT JUDSON, representing himself
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 49.
JOYANNE BLOOM, representing herself
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 49.
DOUG MCKINNIS representing himself
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 49.
KATHLEEN TONN, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 49.
JODIE DOMINGUEZ, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 49.
KINDEE LESLIE, representing herself
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 49.
ALICIA MUSIAL, representing herself
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 49.
KEITH KURBER, representing himself
Big Lake, Alaska
POSITION STATEMENT: Testified in support of SB 49.
JESSE ROSS, representing himself
Juneau, Alaska
POSITION STATEMENT: Testified in full support of SB 49.
PETER NOX, representing himself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 49.
JAN DELAND, Operation Outcry
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 49.
DEBRA BORLLINI, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 49.
PAMELA MARSCH, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 49.
DEE LONGENBAUGH, representing herself
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 49.
ACTION NARRATIVE
5:04:44 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 5:04 p.m. Present at the call to
order were Senators Wielechowski, McGuire, Dyson, Olson, and
Chair Coghill.
SB 49-MEDICAID PAYMENT FOR ABORTIONS; TERMS
5:05:04 PM
CHAIR COGHILL announced the consideration of SSSB 49. Noting
that this was the fourth hearing, he stated the intention this
evening was to take public testimony.
SENATOR MCGUIRE asked for answers to the following questions:
1. How are Alaska's adoption statutes working, who is in
charge at the state level, and how are adoptions working
for low income women who do not want to keep the child they
are carrying?
2. Are intermission nurseries still available for young
mothers to take their babies when they need relief?
3. What are the qualifications for Head Start and what would
it take to expand the program?
SENATOR DYSON relayed that his experience was that there were
far more couples looking for children than children available to
adopt.
CHAIR COGHILL reminded the committee that the bill is narrowly
focused on when a procedure is paid for as medically necessary
and when is it elective. He agreed it would be appropriate to
hear from the DHSS commissioner.
5:13:59 PM
LYNN ECOLA, representing herself, described herself as a back-
alley abortionist who was put out of business by Roe v. Wade. SB
49 will restore that client base, particularly the most
vulnerable of those clients, poor Alaskan women. She highlighted
that this medical judgment legislation was akin to that found in
China and Pakistan.
5:16:02 PM
KEN SINEE (ph), representing himself, spoke in support of SB 49.
He said he doesn't believe in abortion at all, and those that
are not medically necessary definitely should not be covered by
Medicaid or taxpayer dollars.
5:17:49 PM
RACHAEL GIERHART, representing herself, urged the committee to
oppose SB 49. She said she works with people with severe mental
health disorders and they sometimes need abortions. She
respectfully pointed out that this should not be a political
decision. Abortion is never an easy option, but it is important
to respect women enough to allow them to decide for themselves.
To do otherwise takes away meaningful independence. Instead of
reducing access to a valid and safe medical procedure, she
suggested reducing abortions overall by educating citizens on
prevention.
5:20:55 PM
PAT CHAMBERS, representing herself, said she was testifying in
support of SB 49. She said it is morally right to set a high
bar, particularly when it comes to killing innocent, defenseless
babies. She suggested the committee not worry about people who
cry about not being able to kill babies.
5:21:44 PM
ALICIA MARRIOTT, representing herself, spoke in opposition to SB
49. She said she has traveled extensively throughout the state
and is always amazed that the lifestyle that some may consider
hardship is seen by others as everyday life. However, a common
thread in struggling communities is that many people lack the
financial, emotional, medical or other resources necessary for
their wellbeing. Noting the exceptions for rape and incest, she
offered her belief that the choice should always reside with the
woman and her doctor.
She urged the committee to take time to consider the vulnerable
people in this state who are often overlooked because of their
location, economic status, or cultural background. Voting for SB
49 imposes personal opinions on the right of Alaskan women to
care for their own reproductive health.
5:25:02 PM
WILLIAM COX, M.D., representing himself, said he has been a
radiologist for many years and he opposes SB 49. He recalled the
mandatory ultrasound debacle last session and observed that this
bill appears to be a continuation of the attempts to restrict
abortion. The difference here is that SB 49 would only target
the poor. He offered his belief that the state should continue
to maintain general oversight of medical practice, but nobody
outside the physician/patient relationship should determine what
is medically necessary.
DR. COX cautioned the committee to view with healthy skepticism
the recent testimony that abortion can somehow lead to
depression. He emphasized that while postpartum depression is
grounded in science and universally accepted by the medical
community, it has nothing to do with whether the woman wanted
the baby or not. Furthermore, women who become pregnant
certainly wouldn't be urged to have an abortion to avoid
postpartum depression.
DR. COX suggested that to decrease the number of abortions
overall, the committee should support medically accurate and
age-appropriate education, universal no-copay contraceptive
coverage, and over-the-counter morning after pills.
5:28:43 PM
LYNETTE PHILLIPS, representing herself, stated support for SB
49. She offered her belief that Medicaid should only cover
medically necessary abortions, except in the case of rape and
incest. Taxpayers should not be financially responsible for
elective abortions. She characterized SB 49 as reasonable
legislation, and opined that adoption is a viable alternative.
5:29:58 PM
AMY WALKER, representing herself, testified in support of SB 49.
She said she opposes abortion at any time because the right to
life is the first inalienable right. Furthermore, taxpayers
should not have to pay for others' irresponsible, wrong choices.
She agreed that women should be able to make choices concerning
their own bodies, but pointed out that a baby is not part of the
mother's body. It is a separate and unique person. She asked the
committee to remove the exception for rape and incest because
these babies should not be held responsible for the father's
crime. Her preference is to have no abortions at all, but if
there is accommodation for medical necessity, the mother's life
should truly be at risk.
5:32:13 PM
CAREN ROBINSON, Lobbyist, Alaska Women's Lobby (AWL), explained
that AWL is a statewide organization dedicated to advancing the
rights of women, children, and families. The organization does
not support SB 49 in general and specifically opposes limiting
the definition of "medically necessary" to exclude mental
illness. AWL believes that all women have the right to control
their reproduction and that doctors should decide when an
abortion is necessary. Doctors should be free to use their
medical judgment based on the consideration of all factors. AWL
further believes that the Supreme Court was right to broadly
define "medically necessary" to allow the attending physician
the latitude necessary to make the best medical judgment.
MS. ROBINSON requested the committee hold SB 49 and give the new
DHSS regulations governing when the state Medicaid program pays
for abortions a chance to work. DHSS spent a great deal of time
and effort on these clarifications and they were only
implemented in January 2013. She also suggested the committee
ask the commissioner about the women's health Medicaid options,
because studies show that these have the potential to bring
abortion rates down substantially.
5:35:09 PM
SENATOR DYSON asked what she considers an elective abortion.
MS. ROBINSON said she wasn't medically qualified to answer.
SENATOR DYSON clarified that he was talking about situations
that are not medical.
MS. ROBINSON responded that the perception of what is elective
may change once all the circumstances are understood.
5:36:10 PM
LANCE ROBERTS, representing himself, urged the committee to move
SB 49 forward and provide a good definition for "medically
necessary" rather than the wishy-washy reasons that are being
used. He maintained that it is incumbent upon government to
develop good definitions and emphasized that there certainly
should not be a program that spends a lot of taxpayer money to
kill babies for purely elective reasons. It is a sad commentary
on society that it happens at all, he said.
5:38:02 PM
DIANA CONWAY, representing herself, pointed out that the
sponsor's aide, Chad Hutchinson, said the sole purpose of the
bill is to bring the state into compliance with federal Medicaid
rules, not to do away with abortion. However, after listening to
all three public hearings she concluded that is not true. In
fact, there has been no evidence that the federal government has
ordered the state to provide a statutory definition for
medically necessary abortion. She observed that almost all the
testimony in support of the bill was offered by people who
oppose abortion in general, and she believes those people would
rightly scream tyranny if the law forced them to have an
abortion. It is therefore reasonable to call tyranny any attempt
against the established right of women to choose abortion for
themselves. She pointed out that Alaska statutes do not define
"medically necessary" for procedures on backs, knees, and hearts
when Medicaid is paying and the same rule should apply for
abortion. She urged the committee not to pass SB 49.
CHAIR COGHILL clarified that the Supreme Court said that states
should only pay for medically necessary abortions, but did not
provide the criteria. The purpose of SB 49 is to help define
what is elective.
5:41:00 PM
KATE FINN, representing herself, said she has been a nurse in
this state for 36 years, working primarily in public health and
women's health. For five years she worked as a sexual assault
nurse examiner in Homer. She noted that SB 49 provides an
exception for rape and incest, but it does not say who decides
if the sexual event was rape or incest. If the bill doesn't
define who makes this important decision, she didn't understand
how it could be included in the bill.
MS. FINN said the medical profession generally acknowledges that
the condition of the physical body is not the only thing that
matters when considering medically necessary interventions.
Mental, emotional, and social considerations are highly
influential and necessary in determining a person's medical
status and outcome. Thus, restricting Medicaid funds to only
physical risk and life of the mother ignores a huge portion of
what matters in literally and figuratively saving a life.
MS. FINN pointed out that many psychotropic medications are
teratogenic and should never be used during pregnancy, but may
be the only medication that stabilizes the symptoms. She
emphasized that a woman needs to be given the choice of whether
or not to carry a pregnancy to term under these conditions.
Other mental and emotional conditions can also be severely
affected by a pregnancy and the postpartum period. To limit
medically necessary solely to physical conditions runs contrary
to how medical care decisions are made.
MS. FINN said she honors the belief system that the bill appears
to come from, and would ask the sponsor to honor the personal
belief systems of others. She cautioned not to discount the
physical, emotional, mental, and spiritual life circumstances
that bring a woman to the moment of having to make such a
momentous life-livelong decision about whether or not to seek an
abortion.
5:46:34 PM
CHAIR COGHILL said there are well-defined statutory definitions
for rape and, according to the testimony, less than four percent
of Medicaid abortions fall into that category.
5:47:23 PM
KAREN LEWIS, representing herself, characterized the Roe v. Wade
decision as legislated immorality that has resulted in more than
55 million children being murdered in the womb. She maintained
that using tax dollars for the procedure makes taxpayers
accessory to murder. She agreed with earlier testimony that
women should be responsible for their reproductive capability,
and stated that it wasn't rocket science to keep from getting
pregnant. It was a matter of being aware of what one was doing.
She thanked the committee for bringing the legislation forward
and expressed appreciation to the legislators who continue to
fight for righteousness and what is right. She knows for a fact
that it isn't right to kill children in the womb.
5:49:23 PM
DYLAN ROBERTSON, representing himself, said he supports SB 49
first as a stewardship issue. With so many budgetary struggles,
it makes sense to think carefully about what should and should
not be paid for by [Medicaid]. He said his second point is that
abortion can have a profound effect on both the man and woman.
He described his friend's experience being part of three
abortions when he would have preferred to raise the kids.
5:52:55 PM
PAIGE HODSON, representing herself, said she lives in Anchorage
and has been a court-appointed special advocate for children and
a volunteer at the intermission crisis center that Senator
McGuire mentioned earlier. She stated that her own family story
vividly underlines why women and their doctors must be given the
latitude to make decisions about their own lives, health, and
families. She related that when her very poor, exhausted, and
depressed mother learned she was pregnant with her fifth child
she collapsed and was hospitalized with suicidal ideations. Safe
and legal abortion was not available and the pregnancy
continued. Something went wrong during childbirth and the doctor
told her to choose which life to save. Her mother chose the
baby, but thankfully both survived. Ms. Hodson said she was that
fifth baby and she would have gladly exchanged her life for her
mother's. Nobody knows what would have happened to her four
young siblings if their mother had died in childbirth, but the
bottom line is that it was her decision to make. Women's mental
and physical health is too complex to be set in a predetermined
list that politicians have deemed medically necessary. She urged
the committee to move on to more important state business and
stop trying to micromanage women's lives. Alaska courts have
consistently held that women have a fundamental right to privacy
and that there can be no discrimination in medical decisions.
The continued effort to undermine the rights of poor women is
particularly unnerving, because they are less likely to have the
ability to fight for their rights.
MS. HODSON concluded that the reality is that more lives will be
saved by fully funding family planning and health care services
for all Alaskans than by trying to deprive women of their right
to control their own lives and bodies.
5:56:17 PM
ED GOANS, representing himself, said he lives in Soldotna and is
a front street prolife supporter as opposed to a back-alley
taker of innocent life. He said it's apparent that abortion is
treated as big business by pro-abortion advocates. However, this
big business should not be supported by Alaska taxpayers.
Those who oppose SB 49 have made reference to how safe they feel
with access to state-paid elective abortion, but the babies in
the womb are not so safe. Pro-abortion advocates confuse the
issue of abortion with micromanaging women's lives, but it's
really about saving innocent lives. People who are opposed to
the bill believe that mentally challenged people should not be
denied Medicaid funded abortions, but he is very thankful that
his mentally challenged mother-in-law did not abort his wife. He
cited one of his favorite books:
For you formed my inward parts; you covered me in my
mother's womb. I will praise you for I am fearfully
and wonderfully made. Marvelous are your works, and
that my soul knows very well.
MR. GOANS offered his belief that elective abortion is
carelessly casting aside God's masterful handiwork. He also
expressed appreciation for Senator McGuire's comments on
adoption, and said he prays that the right decisions are made
with regard to SB 49.
5:59:32 PM
RAMONA DUBY, representing herself, said she opposes SB 49 but
appreciates Senator McGuire's comments and hopes there can be a
connection between adoption and the foster care system. She
characterized the bill as an effort to save money and expressed
hope that it doesn't actually add to the numbers of those who
are already experiencing mental illness and receiving services.
She observed that a lot of faith-based issues entered into this
bill and she would prefer to see less of that particular focus.
6:03:02 PM
JEFFREY MITTMAN, Executive Director, ACLU of Alaska, said he was
available to answer questions, and reminded the committee that
the ACLU had submitted both written and oral testimony opposing
SB 49.
6:03:49 PM
PAT MARTIN, representing himself, said it's been interesting
hearing the varied testimony on SB 49, and it appears to come
down to the fact that poverty and inconvenience should never be
the basis for medical necessity, particularly when considering
the termination of a life. It doesn't matter whether one
believes that life begins at birth or at conception; either way
it's a life. He stated support for SB 49 and thanked the sponsor
for introducing it.
6:06:09 PM
COLLEEN MURPHY, M.D., representing herself, said she is a board
certified obstetrician/gynecologist and abortion provider. She
read the following definition into the record:
Medical necessity is a United States legal doctrine
related to activities which may be justified as
reasonable, necessary, and/or appropriate based on
evidence-based clinical standards of care.
DR. MURPHY also cited the Amnesty International description of
maternal health in the United States:
It's more dangerous to give birth in the United States
than in 49 other countries. African-American women are
at almost four times greater risk [of dying] than
Caucasian women. A safe pregnancy is a human right for
every woman regardless of race or income.
Maternal mortality ratios have increased from 6.6
deaths per 100,000 live births in 1987 to 13.3 deaths
per 100,000 live births in 2006. While some of the
recorded increase is due to improved data collection,
the fact remains that maternal mortality ratios have
risen significantly.
The USA spends more than any other country on health
care, and more on maternal health than any other type
of hospital care. Despite this, women in the USA have
a higher risk of dying of pregnancy-related
complications than those in 49 other countries,
including Kuwait, Bulgaria, and South Korea.
African-American women are nearly four times more
likely to die of pregnancy-related complications than
white women. These rates and disparities have not
improved in more than 20 years.
Maternal deaths are only the tip of the iceberg.
During 2004 and 2005, more than 68,000 women nearly
died in childbirth in the USA. Each year, 1.7 million
women suffer a complication that has an adverse effect
on their health.
This is not just a public health emergency - it is a
human rights crisis. Women in the USA face a range of
obstacles in obtaining the services they need. The
health care system suffers from multiple failures:
discrimination, financial, bureaucratic and language
barriers [to care, lack of information about maternal
care and family planning options, lack of active
participation in care decisions, inadequate staffing
and quality protocols, and a lack of accountability
and oversight.]
DR. MURPHY also shared an overview of maternal mortality in the
U.S. and the comparative safety of legal, induced abortion to
childbirth in the U.S.
Maternal mortality:
Three percent of maternal deaths occurred after a
spontaneous or induced abortion. Four percent occurred
after ectopic pregnancies. Fifteen percent occurred
prior to delivery and 77 percent occur after delivery.
The Green Journal: Obstetrics and Gynecology February
2012:
We estimate mortality rates associated with live
births and legally induced abortions in the United
States in 1998 to 2005. We used data from the Centers
for Disease Control and Prevention, Pregnancy
Mortality Surveillance System, birth certificates, and
the Guttmacher Institute surveys. In addition, they
searched the population based data during the
morbidity of abortion and childbirth.
The pregnancy associated mortality rate among women
who delivered live births was 8.8 deaths per 100,000
live births. The mortality rate related to induced
abortions was 0.6 deaths. The legal induced abortion
is markedly safer than childbirth. The risk of death
associated with child birth is approximately 14 times
higher than that with abortion.
DR. MURPHY said if there is a 14 times higher rate of death from
giving birth compared to having an abortion, the state should be
providing abortion services to women under the state Medicaid
care system.
CHAIR COGHILL asked Dr. Murphy to send the statistical review to
his office.
6:11:36 PM
ALBERT JUDSON, representing himself, said he was speaking in
support of SB 49. He is an Alaska Native from the Tlingit Tribe,
a qualified chemical dependency counselor, a Christian, and very
prolife. He related his personal story of being so small at
birth he wore doll's clothing and was fed with an eyedropper. He
mused that in modern times he may have been aborted. He cited
some statistics. In 2011, 623 abortions were performed in Alaska
and the cumulative cost ranged from $436,000 to $623,000.
Nationwide, about 1.1 million abortions are performed every
year. He said this is big business.
MR. JUDSON discussed declining federal funds and opined that
Medicaid funded abortions should be kept to a minimum. He
reiterated support for SB 49 and his belief that Medicaid should
only pay for an abortion in the case of rape, incest, or
medically necessary reasons. He relayed that because of his
belief in life it was a major compromise to agree to any kind of
abortion; adoption is a much better alternative.
6:17:09 PM
JOYANNE BLOOM, representing herself, said she was speaking in
opposition to SB 49, but wanted to compliment the committee for
actually listening to the testimony and being open to what was
said. She pointed out that she and the committee members were
all advantaged and had the means to make their own choices, and
clarified that she was speaking for the disadvantaged that do
not have the means to make their own choices. Since the Alaska
Constitution promises that all people are treated equally, she
asked the committee to support that promise and maintain the
means for the disadvantaged to make choices.
6:19:20 PM
DOUG MCKINNIS, representing himself, said he was from Wasilla and was
speaking in support of this excellent legislation. SB 49 is not about
whether or not a woman can get an abortion; it is about who pays to
kill unborn children in certain circumstances. He urged the committee
to stay focused on that. He highlighted that Medicaid pays for
medically necessary procedures and the bill recognizes that it should
only cover medically necessary abortions. This is in line with the
policies of Medicaid, which does not pay for elective procedures. He
warned the committee to look with skepticism at the data from Amnesty
International, because nobody in their right mind would believe that
the U.S. is a dangerous place for pregnant women to live. Rather, it's
the unborn child in the U.S. that faces danger. Since 1973 more than
50 million children have been killed. That is the real tragedy.
MR. MCKINNIS offered his belief that the people who oppose SB 49 are
focused on the money they will lose if it passes, but they are not
concerned about the free choice of the people who do not want to pay
for abortions.
6:22:11 PM
KATHLEEN TONN, representing herself, said she is from Anchorage
and she represents three parties: Jehovah - The God Almighty,
the Holy Bible, and the unborn. The testimony thus far has come
from three perspectives: the spiritual, the intellect, and the
emotional. She cited Genesis Chapter 1 Verse 27 as the
definitive word of God and the absolute authority on the issue
of human life:
So God created mankind in his own image, in the image
of God he created them; male and female he created
them.
MS. TONN said life comes from God and dissolution of life comes
through the venue of miscarriage, not abortion. As a taxpayer
and Alaska resident for more than 32 years, she does not want
anybody's money used for elective abortions. She related
personal stories about abortion, adoption, and pregnancy that
resulted from rape, and promised to pray that the bill passes
and for two of the testifiers today.
6:26:45 PM
JODIE DOMINGUEZ, representing herself, said she lives in
Anchorage and is testifying to encourage a no vote on SB 49. She
explained that she opposes the bill because she promised herself
and others that when she goes to the ballot box she will
consider how her vote will affect the everyday lives of others.
That said, she questioned how voting yes on SB 49 would help the
everyday lives of people in this society. She pointed out that
an unplanned pregnancy definitely affects the woman for the rest
of her life, and a child who is unplanned may spend his/her life
feeling uncomfortable and an inconvenience. She urged the
committee to focus on a society with happier lives with planned
pregnancies, and to separate the church from the state.
6:29:39 PM
KINDEE LESLIE, representing herself, said she lives in Fairbanks
and is in favor of SB 49. She said that she appreciates that the
committee is taking the time to define "medically necessary" in
statute. This will clarify when Medicaid will pay for an
abortion and help to steward tax dollars. She offered her belief
that if a procedure is not medically necessary then it is
optional and public money should not be used to pay for optional
procedures. Although she understands that women want the right
to choose, they ought to be required to pay for their choices.
She urged the committee to move cautiously with regard to
including mental health issues as a medically necessary
condition, because the government does not have the right to say
who is worthy to reproduce or who meets the financial or mental
standard to have children. She suggested focusing more on
prevention rather than the consequences of poor choices. She
implored the committee to continue working for what is right for
Alaskans.
6:33:06 PM
ALICIA MUSIAL, representing herself, said she is a low income,
22-year-old mother of two who supports SB 49. She offered her
belief that depression, poverty, inconvenience, and wanting
control of one's reproduction are not medically necessary
reasons for abortion. Furthermore, rape isn't a valid reason for
an abortion, because children conceived by rape are no less
worthy than babies conceived in other conditions. She concluded
that an unwanted pregnancy should not qualify as a medically
needed abortion and should not be paid for by Alaskan tax
dollars.
6:34:43 PM
KEITH KURBER, representing himself, said he lives in Fairbanks
and is speaking in favor of SB 49, because the issue of choice
resides with both the mother and the person who is the result of
the pregnancy. He voiced support for the idea that the number
one issue is life and getting the chance to have one. He
emphasized that it is absolutely within the legislature's
purview to craft laws that affect the freedoms of the people of
the state.
6:37:56 PM
JESSE ROSS, representing himself, said he is a Juneau resident
and is wholeheartedly in support of SB 49 to provide a
definition [for medically necessary]. The issue isn't about who
decides or women's rights; it's about whether the people of
Alaska want to pay for abortions. He, for one, does not want
that and he doesn't believe that the responsible people of
Alaska should have to pay for the irresponsible actions and
choices of others. He urged the committee to move the bill
forward.
6:40:11 PM
PETER NOX, representing himself, said he is calling from
Anchorage to voice support for SB 49, which proposes to stem the
use of tax dollars to fund purely elective abortions. He noted
that some have said that politicians should stay out of the
doctor's office, and he would point out that by that logic tax
dollars should also be kept out of the doctor's office. However,
since tax dollars are involved in medicine, he applauds the
politicians who are taking steps to ensure that the state is not
funding purely elective abortions.
6:41:14 PM
JAN DELAND, Operation Outcry, Anchorage, said she supports
clarifying what is a medically necessary abortion and believes
the definition should be narrowed to include only someone who is
facing the imminent loss of their physical life. She explained
that Operation Outcry administers to women who have been injured
by abortion and she is testifying to dispel the notion that
abortion is safe. She described her emotional devastation to
learn that the doctor who performed her D&C procedure also
performed abortions. She warned that the abortion providers who
testified have a profit motive and supplied bogus facts. She
offered her belief that abortion is dangerous, devastating to
the purpose and gifting of women, causes breast cancer, and
causes psychological harm. She said she wants to stand up for
women, children, and anyone who is at a disadvantage because
they aren't being told the whole truth. Furthermore, she would
like the exceptions for rape and incest to be removed from the
bill. The criminal should be punished, not the mother or baby.
6:46:33 PM
DEBRA BORLLINI, representing herself, stated support for SB 49.
She described being hospitalized with serious complications from
asthma and getting advice from an on-call physician to seriously
consider terminating her pregnancy. She did not heed the advice
and delivered a healthy baby boy. She said she would like to
believe that the on-call doctor would have chosen life if he had
had access to her entire health record. Providing a definition
for "medically necessary" will ensure that no other child's life
will be subjected to an unnecessary abortion.
6:49:19 PM
PAMELA MARSCH, representing herself, said she lives in Anchorage
and would recommend withdrawing SB 49 because it seeks to define
something that is truly between a woman and her doctor. She
described having a very difficult pregnancy and delivery and
questioned whether she would have survived if she hadn't had a
very good support system. Not all women are that fortunate, so
it is inappropriate to think that it is anyone other than the
woman's right to decide what to do with her pregnancy.
6:51:14 PM
DEE LONGENBAUGH, representing herself, said she was urging a no
vote on SB 49 for a number of reasons. First, men are making
decisions about what women can or cannot do. Second, the talk
from Anchorage about not using taxpayer money is interesting
because Anchorage doesn't have any taxes. Third, it truly is the
case that some families couldn't afford to have another child.
Finally, this talk is reminiscent of the Reagan administration.
They cared deeply about the child from conception to birth, but
there wasn't much realistic talk about what happens to unwanted
children. She reiterated that she was urging a no vote on SB 49.
6:54:06 PM
CHAIR COGHILL closed public testimony on SB 49 and announced he would
hold SB 49 for further consideration.
6:54:42 PM
There being no further business to come before the committee, Chair
Coghill adjourned the Senate Judiciary Standing Committee meeting
at 6:54 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB0049B Sponsor Substitute.pdf |
SJUD 2/27/2013 1:30:00 PM SJUD 3/4/2013 1:30:00 PM SJUD 3/5/2013 1:30:00 PM SJUD 3/11/2013 5:00:00 PM |
SB 49 |
| Sponsor Statement - Medically Necessary.docx |
SJUD 2/27/2013 1:30:00 PM SJUD 3/5/2013 1:30:00 PM SJUD 3/11/2013 5:00:00 PM |
SB 49 SB 49 Sponsor Statement |
| Sectional SB 49.doc |
SJUD 2/27/2013 1:30:00 PM SJUD 3/4/2013 1:30:00 PM SJUD 3/5/2013 1:30:00 PM SJUD 3/11/2013 5:00:00 PM |
SB 49 |
| SB 49_Planned Parenthood Powerpoint.pdf |
SJUD 3/5/2013 1:30:00 PM SJUD 3/11/2013 5:00:00 PM |
SB 49 |
| ACLU Review 02 27 2013.pdf |
SJUD 3/5/2013 1:30:00 PM SJUD 3/11/2013 5:00:00 PM |
SB 49 |
| Letter from Giguere.pdf |
SJUD 3/5/2013 1:30:00 PM SJUD 3/11/2013 5:00:00 PM |
SB 49 |
| 6 letters of testimony on SB 49.pdf |
SJUD 3/11/2013 5:00:00 PM |
SB 49 |
| Comments from Lance Roberts.pdf |
SJUD 3/11/2013 5:00:00 PM |
SB 49 |
| Fiscal Note for SB 49.pdf |
SJUD 3/11/2013 5:00:00 PM |
SB 49 |
| Letter from Clarkson.pdf |
SJUD 3/11/2013 5:00:00 PM |
SB 49 |