Legislature(2021 - 2022)BUTROVICH 205

03/16/2021 01:30 PM Senate HEALTH & SOCIAL SERVICES

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01:31:31 PM Start
01:32:07 PM SJR4
03:07:12 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 93 HEALTH INS. ALL-PAYER CLAIMS DATABASE TELECONFERENCED
<Bill Hearing Canceled>
<Bill Hearing Rescheduled from 3/11/21>
-- Invited & Public Testimony --
*+ SJR 4 CONST. AM: ABORTION/FUNDING TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
               SJR  4-CONST. AM: ABORTION/FUNDING                                                                           
                                                                                                                                
1:32:07 PM                                                                                                                    
VICE  CHAIR HUGHES  announced the  consideration of  SENATE JOINT                                                               
RESOLUTION NO.  4 Proposing an  amendment to the  Constitution of                                                               
the State of  Alaska relating to abortion. She  stated her intent                                                               
to hear  an overview of  the bill,  sponsored by herself,  and to                                                               
listen to testimony.                                                                                                            
                                                                                                                                
VICE  CHAIR HUGHES  said  that  SJR 4  was  heard  last year.  It                                                               
proposes   an  amendment   to  restore   to   voters  and   their                                                               
democratically elected  representatives the  power to  set policy                                                               
related  to  abortion.  This  authority  was  usurped  in  recent                                                               
decades by a series of  misguided state court decisions. In 1973,                                                               
Roe vs.  Wade ruled that  there is  an alleged right  to abortion                                                               
under the  federal constitution. However, the  U.S. Supreme Court                                                               
has  permitted  states to  put  parameters  around abortion.  For                                                               
example,  states  can  require  parental  involvement  before  an                                                               
abortion can  be performed  on a minor.  The state  can determine                                                               
whether or  not public funds  can be  used for abortion.  A state                                                               
can  decide   whether  certain  medical  procedures   related  to                                                               
abortion can  be performed, such  as partial birth  abortion. But                                                               
in Alaska, there have been a  number of decisions (which she will                                                               
review  in  the  Judiciary  Committee) made  by  legislators  and                                                               
voters, all  overturned by the  state courts. That began  in 1997                                                               
when  the  Alaska Supreme  Court  declared  that the  judicially-                                                               
manufactured right  to abortion  protects abortion  more broadly,                                                               
more  broadly  than  the  U.S. Constitution.  As  a  result,  the                                                               
commonsense  laws that  Alaskans have  adopted, which  have stood                                                               
the test of time in other  states and have been upheld by federal                                                               
courts,  have  been  declared  invalid  in  Alaska.  The  Alaskan                                                               
rulings have been quite extreme.                                                                                                
                                                                                                                                
VICE CHAIR HUGHES  said that in Alaska today, a  girl as young as                                                               
13 could have  her boyfriend bring her to an  abortion clinic and                                                               
her parents would not know about  it, much less have the right to                                                               
consent. The  only reason for  this deplorable situation  is that                                                               
the Supreme  Court demanded  it. Alaska voters  have said  yes to                                                               
parental involvement, and the  legislature has supported parental                                                               
involvement.  All of  Alaska's governors  for the  last 18  years                                                               
have supported parental involvement,  but because of the decision                                                               
of four unelected judges on  the Alaska Supreme Court, the rights                                                               
of parents  are not protected. It  is an outrage that  demands to                                                               
be fixed.  She wants to make  it clear that this  resolution does                                                               
not set any  policy on abortion specifically, but  it answers the                                                               
question of who  will decide what the policy  shall be--should it                                                               
be  judges  or the  people  of  Alaska.  SJR 4  empowers  elected                                                               
officials or Alaskans directly through  the initiative process to                                                               
set policy  on abortion that  is consistent with  Alaskan values.                                                               
Other states  have passed constitutional amendments  that restore                                                               
or protect the authority of  voters to determine abortion policy.                                                               
It is time for Alaska to do the same.                                                                                           
                                                                                                                                
VICE CHAIR  HUGHES displayed slide  2 of the presentation  on SJR
4. The slide showed part  of the original Hippocratic oath, which                                                               
said, "I will  not give a woman a pessary  to cause an abortion."                                                               
That was removed in 1948.                                                                                                       
                                                                                                                                
VICE CHAIR HUGHES showed slide  2, about the first Declaration of                                                               
Geneva,  which  "came in  response  to  the grotesquely  inhumane                                                               
treatment of individuals  in Nazi Germany, kept  the pledge to...                                                               
maintain  the utmost  respect for  human  life from  the time  of                                                               
conception." Things have changed in  recent decades with the 1973                                                               
U.S. Supreme Court  ruling. She called her aide Lisa  Hart to the                                                               
table to continue the presentation  about what has been happening                                                               
around  the country.  SJR 4  will put  Alaska on  par with  other                                                               
states.                                                                                                                         
                                                                                                                                
1:38:20 PM                                                                                                                    
LISA   HART,  Staff,   Senator  Shelley   Hughes,  Alaska   State                                                               
legislature,  displayed a  map on  slide 4  of eight  states that                                                               
have  minimal  or  no timing  restrictions  for  abortion.  State                                                               
lawmakers across  the country have  used the  legislative process                                                               
to reflect the will of the voters.                                                                                              
                                                                                                                                
MS. HART  said that  in 1973 the  Supreme Court  established that                                                               
states  could prohibit  abortion  after  viability. Viability  is                                                               
determined on  an individual state  basis. The average  is around                                                               
22-24 weeks. Twenty-four states have  this law in place. Fourteen                                                               
states, shown on slide 16, disallow abortion after 18-22 weeks.                                                                 
                                                                                                                                
VICE CHAIR HUGHES said that  this is not a partisan conversation,                                                               
but her  office used  maps that  showed the  balance of  power in                                                               
various  states. The  key  on the  map in  blue  is a  Democratic                                                               
trifecta,  red  is  Republican,  and gray  represents  a  mix  of                                                               
Republican and Democratic.                                                                                                      
                                                                                                                                
1:40:07 PM                                                                                                                    
SENATOR BEGICH  asked if  it is not  a partisan  discussion, then                                                               
why does the presentation use a partisan map.                                                                                   
                                                                                                                                
VICE CHAIR  HUGHES replied  that the  point is  that the  maps of                                                               
these policies  show the states are  blue, red, and gray,  so the                                                               
mixture shows it is not partisan.                                                                                               
                                                                                                                                
MS.  HART showed  the six  states on  slide 7  that have  enacted                                                               
legislation   to  disallow   abortion  after   6-8  weeks.   This                                                               
legislation is commonly known as a heartbeat bill.                                                                              
                                                                                                                                
MS.  HART  showed  on  slide  8  the  states  that  have  enacted                                                               
legislation  for parental  involvement  in the  form of  parental                                                               
consent and notification.                                                                                                       
                                                                                                                                
MS. HART showed on slide 9  that 42 states have taken action with                                                               
regard  to  abortion  legislation.  State-level  legislation  has                                                               
allowed much  needed debate about  the roles of  government. This                                                               
has not  been the  case in Alaska.  It has been  not for  lack of                                                               
trying.                                                                                                                         
                                                                                                                                
MS. HART  displayed slide 10,  What about Alaska, which  made the                                                               
following points:                                                                                                               
                                                                                                                                
     The Alaska Supreme Court has determined that the state                                                                     
     constitution provides a broader right to abortion than that                                                                
     interpreted in the U.S. Constitution.                                                                                      
                                                                                                                                
     Passing SJR 4 will allow common-sense abortion policies if                                                                 
     we so choose  as permitted under the federal constitution.                                                                 
                                                                                                                                
     It  will allow  elected officials  -- or  the people  acting                                                               
     through the initiative process --  to determine the policies                                                               
     on abortion,  instead of unelected  justices on  the Supreme                                                               
     Court.                                                                                                                     
                                                                                                                                
MS. HART showed examples on  slide 11-13 of abortion-related laws                                                               
overturned  in  Alaska.  The legislative  process  was  followed,                                                               
giving voice to  the people of Alaska, but  the courts legislated                                                               
from the  bench and struck  down these  laws. This is  the reason                                                               
the  sponsor  seeks to  adopt  this  resolution, to  prevent  any                                                               
further judicial  overreach related to  abortion in the  state of                                                               
Alaska.                                                                                                                         
                                                                                                                                
MS. HART presented the sectional analysis for SJR 4:                                                                            
                                                                                                                                
       Section 1  Article I, Constitution of the State of                                                                       
     Alaska, Page 1, Lines 3-7                                                                                                  
     Amends  the  Constitution of  the  State  of Alaska  by                                                                    
     adding  a  new  section,   Section  26.  Abortion.  The                                                                    
     amendment states  that in order to  protect human life,                                                                    
     nothing  in  this  constitution  may  be  construed  to                                                                    
     secure or  protect a  right to  an abortion  or require                                                                    
     the State to fund an abortion.                                                                                             
                                                                                                                                
       Section 2  Article I, Constitution of the State of                                                                       
     Alaska, Page 1, Lines 8-10                                                                                                 
     Adds  that the  amendment proposed  by this  resolution                                                                    
     shall be placed  before the voters of the  state at the                                                                    
     next  general election  in conformity  with art.  XIII,                                                                    
     sec. 1,  Constitution of the  State of Alaska,  and the                                                                    
     election laws of the state.                                                                                                
                                                                                                                                
VICE  CHAIR  HUGHES asked  committee  members  to hold  questions                                                               
because invited testimony may address some of their concerns.                                                                   
                                                                                                                                
1:45:14 PM                                                                                                                    
SANDRA DENTON,  M.D., representing self, Anchorage,  Alaska, said                                                               
she has  practiced emergency room  medicine for 13 years  and for                                                               
the  last 35  years, she  has been  in alternative  medicine. The                                                               
court has manufactured  the right to an abortion  using the state                                                               
constitution when it does not do  that. Abortion is not stated in                                                               
that area of the constitution. Parents  should have a say in what                                                               
is going on with their child  and should be notified. The Alaskan                                                               
voters  themselves have  been ignored,  and  policy rewritten  by                                                               
unelected officials. She took the  Hippocratic Oath and wishes to                                                               
follow it. At first she thought  she was too busy to testify, but                                                               
felt that  if she did  not speak out,  then perhaps the  blood of                                                               
these human  beings would  be on her  hands. She  thanked Senator                                                               
Hughes for bringing this to the forefront.                                                                                      
                                                                                                                                
VICE CHAIR  HUGHES said  that she  appreciated Dr.  Denton taking                                                               
the time to testify.                                                                                                            
                                                                                                                                
1:48:12 PM                                                                                                                    
LOREN LEMAN, representing self,  Anchorage, Alaska, said that for                                                               
14  years he  was in  the  legislature and  served as  lieutenant                                                               
governor for  four years. SJR 4  is an important step  to restore                                                               
to the  legislature and the people  of Alaska the ability  to set                                                               
policy on  abortion. Sadly, that  authority has been  usurped for                                                               
more  than two  decades by  Alaska courts.  For 24  years he  has                                                               
defended the  rights of parents  to be  involved in the  lives of                                                               
their  minor daughters.  This effort  has been  disrupted by  the                                                               
misrepresentation  of  the  state constitution,  but  he  is  not                                                               
defeated and he is not giving up.  In 1997, he sponsored SB 24 to                                                               
enable the  state to  enforce a  law that had  been on  the books                                                               
since  1970 that  required a  doctor to  obtain parental  consent                                                               
before performing an  abortion on a girl under the  age of 18. An                                                               
opinion issued  by Attorney  General Av  Gross later  that decade                                                               
said that law  was unenforceable because of a  U.S. Supreme Court                                                               
ruling requiring that state parental  involvement laws must allow                                                               
minors  the  alternative to  seek  a  waiver  in court.  This  is                                                               
commonly  known as  a judicial  bypass. So,  for many  years, the                                                               
state  ignored  the  parental  consent  provision.  The  bill  he                                                               
introduced  added a  judicial bypass  in full  compliance of  the                                                               
rulings of the U.S. Supreme Court.                                                                                              
                                                                                                                                
1:50:18 PM                                                                                                                    
MR. LEMAN  said that  at the  time, the  court has  most recently                                                               
issued a nine-to-zero decision in  a case from Montana, saying in                                                               
effect not  to send  it any  more of these  cases because  it had                                                               
already  told the  states that  it approves  parental involvement                                                               
statutes  with  these  provisions.  Even  Justice  Ruth  Ginsburg                                                               
agreed. SB 24 passed the  legislature with supermajority support,                                                               
enough  to  override  a  veto from  Governor  Tony  Knowles.  The                                                               
Parental Consent  Act was tied up  in courts for ten  long years.                                                               
He was extremely disappointed when  the Alaska Supreme Court in a                                                               
3-2 decision  struck it  down. The  majority opinion,  written by                                                               
Justice  Dana Fabe,  said that  a less  restrictive law,  such as                                                               
only requiring  notification of one  parent with a  bypass, would                                                               
be acceptable.  The bill to  do this  was introduced but  did not                                                               
advance through committee.                                                                                                      
                                                                                                                                
MR. LEMAN said that he  joined with two other Alaskans, including                                                               
Senator  Costello,  to  sponsor  a voter  initiative  for  a  law                                                               
requiring notice  for one parent.  More than 56  percent approved                                                               
ballot measure  2, so today he  is speaking for more  than 90,000                                                               
voters.  Planned  Parenthood  challenged the  law,  but  Superior                                                               
Court  Judge John  Suddock upheld  it.  Shockingly, years  later,                                                               
four justices  on the Alaska  Supreme Court struck it  down. They                                                               
produced 64  pages of legal  nonsense to justify  their position.                                                               
On any topic  related to abortion, the decisions  of the majority                                                               
of  Supreme Court  justices  are driven  not by  the  law but  by                                                               
personal  ideology. That  is a  problem. Legislators  make public                                                               
policy  influenced by  their values  and  life experiences.  They                                                               
earn that  right by winning  an election. Unelected  judges never                                                               
earn that right.  When they exceed their  authority, they deserve                                                               
an aggressive response.                                                                                                         
                                                                                                                                
MR.  LEMAN said  that this  resolution does  not change  abortion                                                               
law.  It restores  to elected  leaders and  the people  of Alaska                                                               
their proper  roles in  setting abortion  policy. When  passed by                                                               
the  legislature  and  the  voters  of  Alaska,  it  will  invite                                                               
considerably more discussion on  what protections the people want                                                               
for parents and  their children. He hopes to  participate in that                                                               
discussion.                                                                                                                     
                                                                                                                                
1:54:16 PM                                                                                                                    
SENATOR  REINBOLD said  that Mr.  Leman's tenacity  is incredible                                                               
over the last decades. He sets  a great example. In 2006 or 2007,                                                               
she went before  the Supreme Court during  public testimony about                                                               
parental  rights  and  involvement regarding  abortion.  Nineteen                                                               
people  wanted parental  involvement  and one  didn't, but  Chief                                                               
Justice  Fabe did  not  listen  to the  people.  She brings  that                                                               
memory  to  her  role  as  the  Judiciary  chair,  that  complete                                                               
disregard for parental rights. She  became involved in the ballot                                                               
initiative with the Family Council.  The courts struck that down.                                                               
She  thanked Senator  Hughes for  bringing this  forward. She  is                                                               
tired of judges setting policy from the bench.                                                                                  
                                                                                                                                
1:56:50 PM                                                                                                                    
SENATOR COSTELLO  noted the two sections  on page 1, lines  5 and                                                               
6.  One section  says that  nothing  in the  constitution may  be                                                               
construed to secure or protect a  right to abortion. She asked if                                                               
that is clarifying Article 1, the  right to privacy and the right                                                               
to  equal protection.  She asked  if Vice  Chair Hughes  believes                                                               
that if  that had been  in the  constitution, that the  cases she                                                               
had referred to would have had different outcomes.                                                                              
                                                                                                                                
VICE CHAIR  HUGHES replied  that she does.  Those are  the things                                                               
that have been used in the rulings.                                                                                             
                                                                                                                                
SENATOR COSTELLO asked with the  statement, "or require the state                                                               
to fund an  abortion" if the intention of the  sponsor is to give                                                               
the legislature and the governor  the option to not have elective                                                               
abortions funded in the Medicaid budget.                                                                                        
                                                                                                                                
VICE CHAIR HUGHES answered if  the legislature so chose, it would                                                               
not  allow public  funds for  abortion,  so it  could pertain  to                                                               
Medicaid. That is allowed under the federal constitution.                                                                       
                                                                                                                                
SENATOR  COSTELLO shared  that she  had had  a long  conversation                                                               
with a constituent today who  asked whether the intention here is                                                               
to weaken Roe vs. Wade.                                                                                                         
                                                                                                                                
VICE CHAIR HUGHES  replied that this allows the  people of Alaska                                                               
to  decide.  The  range  of  abortion  policy  could  be  leaving                                                               
everything  the way  it  is now  to doing  some  things, such  as                                                               
reinstating parental  notification and consent, to  going all the                                                               
way to  no abortions.  That would  go to the  Supreme Court  as a                                                               
challenge.  If two-thirds  of the  house and  senate decide  that                                                               
this will go  on the ballot, the people will  decide, but it does                                                               
not change any abortion policy  at this point. Decisions would be                                                               
by the people  through the voter initiative  or legislatively. It                                                               
could go up the ladder to the U.S. Supreme Court.                                                                               
                                                                                                                                
1:59:43 PM                                                                                                                    
VICE  CHAIR HUGHES  opened public  testimony and  imposed a  two-                                                               
minute time limit.                                                                                                              
                                                                                                                                
2:00:18 PM                                                                                                                    
KATIE  BOTZ, representing  self, Juneau,  Alaska, said  she is  a                                                               
supporter  of  SJR 4  because  her  biological parents  kept  her                                                               
alive. Her parents  already had a family in South  Korea. She was                                                               
an unexpected  child. Her  biological parents  tried to  take her                                                               
home but after one week,  she was hospitalized and her biological                                                               
parents  decided to  put her  up  for adoption.  She shares  this                                                               
story because her biological parents  allowed her to live. If her                                                               
life is  still precious  and still valuable,  she asked  then why                                                               
everyone else's isn't.                                                                                                          
                                                                                                                                
VICE CHAIR  HUGHES said  there are passions  about this  topic on                                                               
both sides  of the  issue. She  asked that  everyone be  civil in                                                               
their comments.  She wants  everyone to  understand that  this is                                                               
not implementing  a particular policy regarding  abortion at this                                                               
point. The  passage of  this resolution,  if it  voted in  at the                                                               
ballot  box,  in  and  of   itself  does  not  set  any  specific                                                               
parameters. It would simply allow  the people of Alaska to decide                                                               
what policy  they want in  the future instead of  allowing judges                                                               
to make  those decisions.  She wanted to  make sure  everyone has                                                               
the correct information when testifying.                                                                                        
                                                                                                                                
2:05:26 PM                                                                                                                    
MORGAN  LIM,  Planned  Parenthood Votes,  Northwest  and  Hawaii,                                                               
Juneau,  Alaska, said  Alaska is  experiencing  health crises  on                                                               
multiple  fronts, including  the  ongoing  pandemic, rising  STIs                                                               
(sexually   transmitted  infections),   and  structural   racism.                                                               
Instead  of  helping  people  get  the  health  care  they  need,                                                               
lawmakers  are   focusing  on   limiting  rights   and  inserting                                                               
government  into  personal,  private healthcare  decisions.  This                                                               
will impact  those already experiencing barriers  to reproductive                                                               
healthcare  in  Alaska.  These communities,  especially  American                                                               
Indian  and  Alaska Native  people,  have  endured a  history  of                                                               
state-controlled  reproductive  coercion  and  denial  of  bodily                                                               
autonomy.  Banning abortion  will  continue  this legacy.  Alaska                                                               
people  do  not  want  SJR  4.  They  want  increased  access  to                                                               
reproductive healthcare,  including abortion. Alaskans  know that                                                               
access to  abortion is  critical to their  health, the  health of                                                               
their families,  and the  stability of  their communities.  It is                                                               
more  important than  ever that  the Alaska  Constitution protect                                                               
the  right   to  obtain  or  reject   medical  treatment  without                                                               
governmental interference in personal, private decisions.                                                                       
                                                                                                                                
2:08:25 PM                                                                                                                    
MICHAEL THOMAS,  representing self, Anchorage, Alaska,  said that                                                               
so many  issues have  been brought  up. What he  hears is  that a                                                               
rogue court  is in  the state. His  understanding is  one person,                                                               
one vote,  and the court  is making decisions for  Alaskans. That                                                               
is what  this is  addressing. People have  to do  something about                                                               
the court. These are bad guys doing bad stuff.                                                                                  
                                                                                                                                
2:10:07 PM                                                                                                                    
WINDY  PERKINS, representing  self, Anchorage,  Alaska, said  she                                                               
supports this amendment to the  constitution. She could not agree                                                               
more with the prior caller. This  pertains to so many issues. The                                                               
state needs a  balance in the governmental system.  The beauty of                                                               
a  three-branch  system is  being  violated.  Her vote  is  being                                                               
violated. In  regard to  abortion, as  a young  woman if  she had                                                               
found  herself in  a precarious  situation  and if  she had  been                                                               
under bad influences, she could  have terminated a pregnancy. She                                                               
would need her parents' help that  situation. It is evil that the                                                               
court  system  has  taken this  beautiful  family  structure  and                                                               
twisted it so that people are vulnerable.                                                                                       
                                                                                                                                
2:12:11 PM                                                                                                                    
ELEILIA  PRESTON, representing  self, Wasilla,  Alaska, said  she                                                               
echoes the  two before her.  This is  all about judges  and their                                                               
overreach. She  has campaigned and  worked hard to put  people in                                                               
office who  deserve it, so those  people can make laws,  but that                                                               
is undermined by what courts are doing.                                                                                         
                                                                                                                                
2:14:00 PM                                                                                                                    
KEITH HAMILTON, Ph.D., representing  self, Soldotna, Alaska, said                                                               
that  although   he  is   on  the   State  Board   of  Education,                                                               
Professional  Teaching  Practices   Commission,  State  Personnel                                                               
Board, and  the founding president  of Alaska  Christian College,                                                               
he  is representing  himself. His  birth  mother was  17 and  her                                                               
parents wanted her to have an  abortion but at that time abortion                                                               
was illegal  and he had the  ability to be adopted.  His story is                                                               
told many  times over  many years. Every  womb carries  life that                                                               
must  be  born.  To kill  a  baby  at  any  age is  wrong.  As  a                                                               
Christian, he understands  the Bible to proclaim  that every life                                                               
is  loved  by God.  He  supports  the constitutional  change  "to                                                               
protect human life."                                                                                                            
                                                                                                                                
2:15:57 PM                                                                                                                    
MARY  ELIZABETH  KEHRHAHAN-STARK, representing  self,  Fairbanks,                                                               
Alaska,  said  SJR 4  erodes  the  Alaska Constitution's  privacy                                                               
protection. SJR 4 is an  example of what right-to-life supporters                                                               
and legislative  body want  so badly to  accomplish, which  is to                                                               
abolish a woman's  right to privacy in her  thoughts and actions.                                                               
By permanently  changing the constitution, the  legislature could                                                               
decide citizens' rights and protection  under law. The reality is                                                               
that those most affected by  this proposed amendment are the most                                                               
vulnerable in  the community. Most  people who get  abortions are                                                               
single and poor. The result of  this resolution would be to place                                                               
a single  woman in  the largest  group living  in poverty  in the                                                               
United States.  She is 64. At  another point in her  life she was                                                               
young and  poor and  going to  life to secure  a better  life for                                                               
herself and community. She had to  make this decision. It was the                                                               
best decision of her life. She  thanks God that abortion was safe                                                               
and legal  because she was  not ready emotionally  or financially                                                               
to be a mother of a  child. Each Alaskan, regardless of financial                                                               
status, deserves the  opportunity to control her own  life at the                                                               
most basic level.                                                                                                               
                                                                                                                                
VICE  CHAIR  HUGHES  encouraged  written  testimony  be  sent  to                                                               
shss@akleg.gov.                                                                                                                 
                                                                                                                                
2:20:15 PM                                                                                                                    
KAREN  BAKER, representing  self,  Anchorage,  Alaska, said  that                                                               
seeking  to  amend  the  constitution to  ban  abortion  care  is                                                               
inappropriate and  harmful. Using  time and  resources to  try to                                                               
limit  access  to necessary  health  care  during a  pandemic  is                                                               
irresponsible. Alaska  is a nationwide leader  in poor indicators                                                               
of sexual and reproductive health  with some of the highest rates                                                               
of unintended  pregnancies, STIs, intimate partner  violence, and                                                               
sexual  assault.  Lawmakers  should  be  focusing  on  preventive                                                               
health services.  Alaskans need  and deserve continued  access to                                                               
safe and legal abortion care.  Nearly 80 percent of Alaska voters                                                               
say they would  have doubts about legislation  that bans abortion                                                               
care.  When the  courts overturn  antiabortion legislation,  they                                                               
are  not  legislating  from  the  bench.  Striking  down  illegal                                                               
legislation  is   part  of  the  responsibility   of  the  court.                                                               
Continuing to defend  illegal, harmful legislation is  a waste of                                                               
taxpayer money. Alaska has a  stellar state constitution and does                                                               
not need to mar it with these partisan attacks on healthcare.                                                                   
                                                                                                                                
2:21:54 PM                                                                                                                    
SHANNON NYE,  representing self,  Wasilla, Alaska, said  that the                                                               
Constitution states,  "We hold these  truths to  be self-evident,                                                               
that all  men are created equal,  that they are endowed  by their                                                               
Creator  with certain  unalienable Rights,  that among  these are                                                               
Life,  Liberty  and  the  pursuit   of  Happiness."  Life  is  an                                                               
inalienable right. When  there is a creation in a  womb, it has a                                                               
heartbeat.                                                                                                                      
                                                                                                                                
2:23:22 PM                                                                                                                    
KAREN  LEWIS,  Board  of Directors,  Pro  Life  Alaska,  Wasilla,                                                               
Alaska, said  that the people of  Alaska have the right  and duty                                                               
to  decide abortion  policy, not  activist  judges who  legislate                                                               
from the  bench. Alaskans are  tired of that. People  are talking                                                               
about  babies, not  reproductive  healthcare. It  is a  sanitized                                                               
term for  abortion, which is  a barbaric act of  murdering unborn                                                               
babies.                                                                                                                         
                                                                                                                                
2:25:47 PM                                                                                                                    
JANET  KIDD,  representing  self, Fairbanks,  Alaska,  said  this                                                               
amendment  would likely  be voted  down.  Sixty-three percent  of                                                               
Alaskan recently have indicated that  abortion should be legal in                                                               
all  or most  cases.  Alaskan  has always  prided  itself on  the                                                               
provision  for the  right  to privacy  in  the constitution.  The                                                               
amendment proposed  by SJR 8  is fundamental departure  from this                                                               
long-standing provision.  Women need  to have access  to abortion                                                               
for a  variety of reasons.  These are personal decisions  and the                                                               
government should  not have  the right  to affect  that decision.                                                               
The right  to privacy does  not start at  18. She is  so grateful                                                               
for the Alaska Supreme Court.  They are considering the rights of                                                               
all Alaskans.                                                                                                                   
                                                                                                                                
2:27:46 PM                                                                                                                    
DORAN HICKMAN, representing self,  Fairbanks, Alaska, said that a                                                               
whole lot  of factors are  involved, economics, mental  health, a                                                               
woman's right  to choose. People  are not  here to judge  and are                                                               
not placed on earth to condemn them.                                                                                            
                                                                                                                                
2:28:50 PM                                                                                                                    
LYNETTE  PHAM, representing  self, Anchorage,  Alaska, said  this                                                               
will pave  the way to ban  safe and legal abortion.  In the past,                                                               
forced sterilization  of indigenous  women without  their consent                                                               
was common.  This amendment forces governmental  control onto the                                                               
bodies of indigenous brown and  black people. It would make space                                                               
for removing  their rights without their  consent and perpetuates                                                               
forms  of  racism,  colonization,  and  governmental  control  of                                                               
bodies. Individual  rights and  freedoms go to  the heart  of who                                                               
Alaska is  at a  state, including  the right  to access  safe and                                                               
legal abortion.  Each person deserves the  opportunity to control                                                               
their  life  at  the  most   basic  level,  their  bodies,  their                                                               
families, and life paths.                                                                                                       
                                                                                                                                
2:30:12 PM                                                                                                                    
CHRISTINE  ROBBINS, representing  self,  Fairbanks, Alaska,  said                                                               
SJR  4 puts  the will  of the  people back  in the  hands of  the                                                               
people. There is an imbalance and  lack of decency on the part of                                                               
activist  judges  who  are  acting outside  the  scope  of  their                                                               
duties.  This  abuse of  power  must  stop. The  unconstitutional                                                               
limitations  that  the  Alaska   Supreme  Court  has  imposed  on                                                               
Alaskans by radical  judges needs to be addressed.  This does not                                                               
limit rights. It  gives people more. The rights of  the baby, the                                                               
parents,  the  individual,   and  the  people  as   a  whole  are                                                               
addressed. Abortion  is never  safe and 100  percent of  the time                                                               
results in a death. This is  a responsible and humane step in the                                                               
right direction.                                                                                                                
                                                                                                                                
2:31:41 PM                                                                                                                    
VICE CHAIR  HUGHES noted that  Senator Reinbold was  listening by                                                               
telephone.                                                                                                                      
                                                                                                                                
2:31:53 PM                                                                                                                    
JULIE  ENDLE,  representing  self,   Palmer,  Alaska,  said  that                                                               
Alaskans should  have a  say in  deciding the  vote. That  is why                                                               
they vote.  As a taxpayer, she  does not want to  fund abortions.                                                               
It  is wrong.  A  lot  of people  testified  about  the right  to                                                               
privacy. If they  want a right to privacy, then  they should fund                                                               
it themselves and not put  the burden on taxpayers. Alaska should                                                               
have the right  to vote and keep the Supreme  Court judges out of                                                               
it.                                                                                                                             
                                                                                                                                
2:32:58 PM                                                                                                                    
CANDACE KALE, representing  self, Denali, Alaska, said  this is a                                                               
radical  bill  that  proposes to  permanently  change  the  state                                                               
constitution, taking  away individual rights and  freedoms, which                                                               
are the foundation  of the country and a source  of immense pride                                                               
in the state  of Alaska. This is  all done in an  attempt to take                                                               
away  rights and  the ability  to make  decisions about  people's                                                               
bodies, whether  or not to become  a parent. SJR 4  is an attempt                                                               
to  bypass one  branch  of government,  the  courts, because  the                                                               
legislature is  unhappy about the  ruling. Rulings by  the courts                                                               
are a part of process. She has  had an abortion and placed a baby                                                               
for adoption.  Those were  her choices. They  were right  for her                                                               
and no one  else should have the right to  make that decision for                                                               
her.                                                                                                                            
                                                                                                                                
2:34:24 PM                                                                                                                    
KELVIN  ROGERS, representing  self, Fairbanks,  Alaska, said  the                                                               
courts are  doing a great job  of following the law  and science.                                                               
He does not  trust the public to get it  right on this. Sometimes                                                               
the courts  are ahead of  public opinion,  such as in  Loving vs.                                                               
Virginia  in 1967.  The public  approval of  interracial marriage                                                               
didn't reach 50  percent until 1995. If this bill  passes it will                                                               
be  followed   by  zealous  and   unconstitutional  restrictions,                                                               
wasting  more  of  the  state's time  and  money  fighting  legal                                                               
battles  over  a political  wedge  issue.  For those  who  oppose                                                               
abortion, they  should fund sexual  and birth  control education,                                                               
which would reduce instances of people seeking abortion.                                                                        
                                                                                                                                
2:35:53 PM                                                                                                                    
XOCHITL LOPEZ, representing  self, Homer, Alaska, said  this is a                                                               
shameful attack  on abortion access again.  Abortion is protected                                                               
by the  U.S. Constitution, not  "alleged" as Senator  Hughes said                                                               
earlier, and  by the  Alaska Constitution.  It takes  much energy                                                               
from her to remind legislators  that abortion is legal. Ms. Lopez                                                               
continues  to  call  into  to  these  meetings  to  advocate  for                                                               
abortion access.  If legislators care about  Alaska parents, they                                                               
should focus  on lack of  affordable housing, the rising  cost of                                                               
childcare,    increased    medical   costs,    the    introducing                                                               
comprehensive sex education, and  navigating education during the                                                               
pandemic. Laws preventing teens  from obtaining healthcare unless                                                               
they can  talk to a parent  put their health and  safety at risk.                                                               
For  teens who  feel they  cannot safely  turn to  their parents,                                                               
government coercion  doesn't change anything and  going to courts                                                               
jeopardizes   their   confidentiality,  particularly   in   small                                                               
communities. Roe  vs. Wade was  not about the  moral implications                                                               
of abortion. It was about safety,  equal access, and the right to                                                               
privacy.  She urged  the legislature  to keep  abortion safe  and                                                               
legal.                                                                                                                          
                                                                                                                                
2:38:49 PM                                                                                                                    
JOHN  SOMIN,  representing  self,  Douglas, Alaska,  said  he  is                                                               
appalled that  misinformation has  overrun this  democratic state                                                               
and nation.  The country  has been having  a battle  with women's                                                               
liberty for  at least half a  century. No one has  the liberty to                                                               
tell another person what their liberty is.                                                                                      
                                                                                                                                
2:42:03 PM                                                                                                                    
PAMELA SAMASH,  representing self, Nenana, Alaska,  said that she                                                               
is a  child of a teenager  who everyone told to  get an abortion.                                                               
No one should have the right  to terminate her. The Supreme Court                                                               
should  never have  had the  authority  to even  claim that  this                                                               
process  was legal.  She has  a purpose  and is  as important  as                                                               
everyone else,  even though  she was  inside a  15-year-old girl.                                                               
She  is precious,  regardless of  whether  she is  poor or  rich.                                                               
Years   ago  she   was  involved   in  the   ballot  for   parent                                                               
notification. Alaskans showed they  wanted this, but their voices                                                               
were silenced and their rights as citizens stolen from them.                                                                    
                                                                                                                                
2:44:06 PM                                                                                                                    
CYNTHIA DUCEY,  representing self,  Anchorage, Alaska,  said that                                                               
abortion in  Alaska has been legal  but it was not  passed by the                                                               
legislature but through administration  regulation and imposed on                                                               
the  people by  bureaucrats. Attempts  to restrict  abortion have                                                               
been defeated by judges. In  2001, the court created the artifice                                                               
of  a constitutionally-protected  right to  reproductive freedom.                                                               
This is  not found anywhere  in the U.S. or  Alaska Constitution.                                                               
Planned Parenthood's  main profit is from  the abortion industry.                                                               
There  is no  constitutional right  to reproductive  freedom, but                                                               
judges  have  interpreted  the  Alaska  Constitution's  right  to                                                               
privacy   protects   abortion,  but   this   is   not  what   the                                                               
constitutional framers intended and  not what citizens wanted. In                                                               
polls taken since then show  the tides are shifting and Americans                                                               
want restrictions  on abortion.  Babies are  viable at  21 weeks.                                                               
She said let the people decide and not judges and bureaucrats.                                                                  
                                                                                                                                
2:46:58 PM                                                                                                                    
THERESA SYREM,  representing self,  Anchorage, Alaska,  said that                                                               
Alaska will  watch how  both sides  of the  aisle respond.  SJR 4                                                               
only codifies what  should be acknowledged by  the Supreme Court,                                                               
the manifest need  for a clause in the  Alaska constitution. That                                                               
is all  it does.  All legislators  owe the  people that  right of                                                               
government of, by,  and for the people. Those who  do not support                                                               
the  legislation  do not  give  people  a voice,  especially  the                                                               
unborn  constituents.  Prolife   legislators  have  long  avoided                                                               
responsibility for  their failure to  stand up for  basic rights,                                                               
to  have   a  constitution   that  judges   will  be   forced  to                                                               
acknowledge. She  asked who  will stand  up for  constituents and                                                               
who will not.                                                                                                                   
                                                                                                                                
2:50:12 PM                                                                                                                    
TRACI  SUNDBERG, representing  self, Wasilla,  Alaska, said  that                                                               
many great  things have  been brought  up today.  As a  parent of                                                               
four, there is more than enough  sex education and funding for it                                                               
out there. She doesn't necessarily  agree with the testimony that                                                               
most abortions are for low-income  people. As a parent, she would                                                               
want to  know. For SJR 4,  it is important that  the voters' vote                                                               
counts.                                                                                                                         
                                                                                                                                
2:51:29 PM                                                                                                                    
CAROL CARMAN,  representing self,  Palmer, Alaska, said  that she                                                               
was stunned when  the legislature passed and  the governor signed                                                               
a bill  outlawing state-funded abortions  just for  the judiciary                                                               
to take the opposite stand,  citing the state constitution as the                                                               
reason. The  state constitution says  that government is  of, by,                                                               
and for the people. Adults in  the state should have the right to                                                               
decide a matter of life and  death rather than the courts telling                                                               
people  that they  do  not have  the right  to  choose laws  that                                                               
reflect their  community standards.  Nothing in  the constitution                                                               
protects  the murder  of unborn  babies.  This resolution  should                                                               
take care  of judges  legislating from the  bench on  this issue.                                                               
Life,  liberty, and  the  pursuit of  happiness  is a  well-known                                                               
phrase in  the Declaration of Independence.  The Declaration says                                                               
all  humans  have  inalienable  rights given  to  them  by  their                                                               
creator, which governments are created  to protect. The judiciary                                                               
is overstepping  its bounds in ways  that cannot be backed  up by                                                               
law or the constitution. Right to  privacy does not mean right to                                                               
murder.  If  judges  want equal  protection,  they  would  outlaw                                                               
abortion.  People's  right to  control  their  bodies ends  where                                                               
another individual's body begins.  This resolution gives citizens                                                               
of  the state  the opportunity  to  vote for  bills that  reflect                                                               
their community standards.                                                                                                      
                                                                                                                                
2:54:05 PM                                                                                                                    
STEPHANIE  TAYLOR,  representing  self, Anchorage,  Alaska,  said                                                               
prolife  Alaskans  have worked  to  get  laws passed  to  protect                                                               
unborn lives.  At every turn  Alaskan courts have  reversed these                                                               
efforts. The  courts have  not remained neutral  on the  issue of                                                               
abortion. The people of Alaska have  made it clear by their votes                                                               
and  efforts that  they support  the protection  of unborn  life.                                                               
Reasonable regulation  of abortion  is in  the best  interests of                                                               
women  and unborn  babies.  Plenty of  legal  protections are  in                                                               
place to  protect women's  privacy and  young Alaskans.  The fact                                                               
that abortion  is legal does  not make it  right. It is  time for                                                               
Alaska to move  forward and enshrine protection of  human life in                                                               
its constitution.                                                                                                               
                                                                                                                                
2:55:48 PM                                                                                                                    
LISA  GENTEMANN, representing  self,  Eagle  River, Alaska,  said                                                               
Alaska must defend, protect, and speak  up for the safety and the                                                               
rights of the  unborn. Even before the  Constitution was written,                                                               
the Declaration  of Independence said all  were given inalienable                                                               
right to life  by their creator. Government  must secure people's                                                               
rights and the  rights of the unborn. The judicial  branch is not                                                               
following the  Declaration of  Independence. People  must declare                                                               
judges unfit to rule in a  free nation and remove them from power                                                               
and institute  officials who will  defend the right of  life. She                                                               
has been a  single parent. It is challenging. She  is thankful to                                                               
have her son and grandchildren.  She urged legislators to support                                                               
all life, especially the unborn.                                                                                                
                                                                                                                                
2:58:27 PM                                                                                                                    
HILARY HUNTER,  representing self,  Petersburg, Alaska,  said she                                                               
advocates  for victims  of sexual  assault and  domestic violence                                                               
and is  a survivor  of both.  Alaska in 2019  had four  times the                                                               
national average for  sexual assault and the average  age was 15.                                                               
Fifteen-year-olds can get  pregnant and quite often it  can be by                                                               
someone in  the family. Requiring  them to get permission  and to                                                               
find out  what their  rights are after  having the  experience of                                                               
their  bodies being  taken  away  from them,  to  go through  the                                                               
experience of pregnancy,  sounds like a recipe  for mental health                                                               
and suicide.  If the  state is  prioritizing young  Alaskans, the                                                               
state needs  to let them  know that  they are important  and they                                                               
deserve to be  protected. Before the state takes  away rights and                                                               
protections, the state  should make sure there is  a system there                                                               
to catch them. It takes over  a year to convict someone with less                                                               
than a 10 percent conviction rate.                                                                                              
                                                                                                                                
3:00:59 PM                                                                                                                    
VICE  CHAIR HUGHES  said  the bill  has  subsequent referrals  to                                                               
Judiciary  and Finance,  so there  will be  further opportunities                                                               
for testimony.                                                                                                                  
                                                                                                                                
3:01:41 PM                                                                                                                    
CANDY  MILLER,  representing   self,  Wasilla,  Alaska,  recalled                                                               
hearing  an  Alaska  Native woman  supporting  the  defunding  of                                                               
abortion. As a woman of faith,  the woman read from Proverbs. Ms.                                                               
Miller understood  that the  people are the  power. She  does not                                                               
want to  be involved  in any  aspect of  funding hands  that shed                                                               
innocent blood.  SJR 4 does not  deal with choice but  deals with                                                               
not using state money for abortion.                                                                                             
                                                                                                                                
VICE  CHAIR HUGHES  said  that she  wants to  hear  from all,  no                                                               
matter  what side  they are.  Written  testimony can  be sent  to                                                               
shss@akleg.gov.                                                                                                                 
                                                                                                                                
3:04:32 PM                                                                                                                    
SHERRY EICHENLAUB, representing self,  Wasilla, Alaska, said that                                                               
children  need permission  slips for  field trips,  but they  can                                                               
have an abortion without parent  knowledge. That is horrific. The                                                               
judges need to listen to the Alaska people.                                                                                     
                                                                                                                                
3:05:27 PM                                                                                                                    
VICE  CHAIR HUGHES  closed public  testimony  and held  SJR 4  in                                                               
committee.                                                                                                                      
                                                                                                                                
SENATOR REINBOLD  asked everyone  waiting to please  send written                                                               
testimony.                                                                                                                      

Document Name Date/Time Subjects
SJR 4 version A.PDF SHSS 3/16/2021 1:30:00 PM
SJUD 4/16/2021 1:30:00 PM
SJR 4
SJR 4 Sponsor Statement.pdf SHSS 3/16/2021 1:30:00 PM
SJUD 4/16/2021 1:30:00 PM
SJR 4
SJR 4 Sectional Analysis.pdf SHSS 3/16/2021 1:30:00 PM
SJUD 4/16/2021 1:30:00 PM
SJR 4
SJR 4 Fiscal Note Governor.pdf SHSS 3/16/2021 1:30:00 PM
SJUD 4/16/2021 1:30:00 PM
SJR 4
SJR 4 Updated Powerpoint HSS Mar 16 2021.pdf SHSS 3/16/2021 1:30:00 PM
SJR 4
SJR 4 State of Alaska Dept of H&SS 2019 Alaska Induced Termination of Pregnancy Stats.pdf SHSS 3/16/2021 1:30:00 PM
SJR 4
SJR 4 Letters of Support 3.16.21_Redacted.pdf SHSS 3/16/2021 1:30:00 PM
SJR 4
SJR 4 Letters of Opposition 3.16.21_Redacted.pdf SHSS 3/16/2021 1:30:00 PM
SJR 4
SJR 4 Letter of Support - Leman.pdf SHSS 3/16/2021 1:30:00 PM
SJR 4