Legislature(1997 - 1998)

1997-05-01 House Journal

Full Journal pdf

1997-05-01                     House Journal                      Page 1434
HB 65                                                                        
The following letter, dated April 30, 1997, was received:                      
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Under the authority of art. II, sec. 15, of the Alaska Constitution, I         
have vetoed the following bill:                                                
                                                                               
HOUSE BILL NO. 65 am                                                          
An Act relating to partial-birth abortions.                                   
                                                                               
The effects of this bill have been profoundly misrepresented and               
therefore, are widely misunderstood.  While HB 65 purports to restrict         
a single, late-term abortion procedure, it is so vague it will criminalize     
even some of the most common, early abortion procedures. Since the             
United States and Alaska constitutions protect a womans right to               
choose until the third trimester of pregnancy, clearly HB 65 is                
unconstitutional.  This bill also makes felons out of physicians and, by       
refusing to consider a womans health, the Legislature has passed a bill        
which is neither consistent with the U.S. Constitution nor sound public        
policy.  Clearly, this bill is an attack on the constitutional rights of       
Alaskan women.                                                                 

1997-05-01                     House Journal                      Page 1435
HB 65                                                                        
HB 65 is flawed in many ways.  First, since it fails to define an              
identifiable medical procedure recognized by the medical community,            
the bill is subject to wide misinterpretation and could prohibit doctors       
from completing safe and effective medical procedures.  Second, it is          
unconstitutional because it prohibits consideration of either the viability    
of a fetus or the health of a mother.  Finally, the bill violates a basic      
right Alaskans cherish deeply - the right to privacy.  The personal            
decision about whether to choose abortion should be left to a woman            
and her doctor.  Few Alaskans want the state Legislature dictating             
medical operating room procedures.                                             
                                                                               
                                                                               
This legislation purports to ban a medical procedure referred to in the        
bill as a "partial birth abortion."  In fact, there is no such procedure,      
nor does the definition provided in this legislation define an actual          
medical procedure, according to the Alaska Medical Board.                      
                                                                               
                                                                               
The Board  opposes this bill because of the vagueness of the definition        
and because this vagueness would adversely affect a physicians ethical         
obligations to provide the safest procedure possible to a patient.             
Physicians may begin a surgical procedure expecting a certain                  
outcome, only to discover during the procedure they may need to                
change course to protect the health or life of the patient.  This bill         
restricts a physician from providing the safest and most effective             
treatment.  The bills vague terminology could make a felon of a                
physician trying to provide a patient the best possible care, subjecting       
that doctor to five years in jail, a $50,000 fine, and loss of a               
professional medical license.                                                  
                                                                               
                                                                               
The bill also is unconstitutional because it fails to recognize a              
womans health as a reason to have an abortion.  If a mother in late            
pregnancy discovers her fetus is not viable, because no specific               
medical procedure has been defined by this bill, she may not be                
allowed to choose an abortion even if other options present a grave            
risk to her own health.  The U.S. Supreme Court has ruled that states          
must allow for exceptions to protect the life and health of the mother.        
This bill fails to meet that constitutional test.                              
                                                                               

1997-05-01                     House Journal                      Page 1436
HB 65                                                                        
The bill represents an unwarranted intrusion into the practice of              
medicine and into the constitutionally protected privacy rights of             
Alaskans.  The State Medical Board, composed of doctors and public             
members, is the appropriate entity to establish reasonable, medically-         
based regulations on this and any other medical procedure.  It is              
inappropriate, irresponsible and widely opposed by Alaskans to allow           
the Legislature or any other political entity to dictate medical               
procedures.                                                                    
                                                                               
Alaskans feel strongly about our personal privacy.  In fact, we believe        
in our right to privacy so much that in 1972, we amended our state             
Constitution to provide Alaskans broader constitutional protections to         
individual privacy than are included in the U.S. Constitution. To me,          
this bill infringes on the constitutional right to privacy guaranteed          
every Alaskan by inserting the Legislature in a decision which                 
appropriately belongs to a woman and her doctor.                               
                                                                               
For these reasons, I have vetoed HB 65.                                        
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"