04/28/1998 06:20 PM House FIN

SENATE JOINT RESOLUTION NO. 35                                                 
                                                                               
Proposing an amendment to the Constitution of the                              
State of Alaska relating to participation in an                                
abortion.                                                                      
                                                                               
Representative Martin MOVED to report SJR 35 out of                            
Committee with individual recommendations and with the                         
accompanying fiscal note.  Representative J. Davies                            
OBJECTED.                                                                      
                                                                               
Representative J. Davies explained that SJR 35 resulted                        
from an over reaction to a situation that that happened at                     
Valley Hospital in which people misread the significance of                    
the case.  He advised that an amendment to the constitution                    
is not required to accomplish the concerns of these people.                    
He noted that situations in which people are required to                       
perform an abortions against their will, do not exist, nor                     
is there any circumstance where private or religious                           
hospitals will be required to perform abortions if they do                     
not choose too.  A requirement specifying that a public                        
facility does not have to offer abortion services would be                     
unconstitutional.                                                              
                                                                               
Representative J. Davies stressed that the way the                             
resolution was worded would invite many lawsuits.  He                          
reiterated that the legislation is a reaction to a fear                        
that something might happen; there is noting in the record                     
that supports that fear.                                                       
                                                                               
Representative Kelly MOVED an amendment to the resolution,                     
inserting "elective" before "abortion" on Page 1, Line 9.                      
That change would address concerns by the Department of                        
Law.                                                                           
                                                                               
Representative Martin WITHDREW his motion to MOVE the bill                     
from Committee.  There being NO OBJECTION, it was                              
withdrawn.                                                                     
                                                                               
Representative Kelly MOVED the amendment.                                      
                                                                               
PORTIA PORTER, STAFF, SENATOR MIKE MILLER, noted that the                      
sponsor of the bill does not believe the amendment is                          
necessary but he would not oppose it.  There being NO                          
OBJECTION to the amendment, it was added.                                      
                                                                               
Representative Kohring voiced support of the SJR 35,                           
although, felt that the amendment weakened it.  He noted                       
that the legislation was good but should go further by                         
banning abortions completely in the constitution.                              
                                                                               
Representative Martin MOVED to report HCS CS SJR 35 (FIN)                      
out of Committee with individual recommendations and with                      
the accompanying fiscal note.  Representative J. Davies                        
OBJECTED.                                                                      
                                                                               
A roll call vote was taken on the motion.                                      
                                                                               
IN FAVOR: Mulder, G. Davis, Foster, Kelly, Kohring,                            
Martin, Therriault, Hanley                                                     
OPPOSED:  Moses, J. Davies, Grussendorf                                        
                                                                               
The MOTION PASSED (8-3).                                                       
                                                                               
HCS CSSJR 35 (FIN) was reported out of Committee with a "do                    
pass" recommendation and with a fiscal note by the Office                      
of the Governor dated 2/17/98.