Legislature(1997 - 1998)

01/29/1997 09:00 AM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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      SENATE HEALTH, EDUCATION & SOCIAL SERVICES COMMITTEE                     
                        January 29, 1997                                       
                           9:00 a.m.                                           
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Gary Wilken, Chairman                                                 
 Senator Loren Leman, Vice Chairman                                            
 Senator Lyda Green                                                            
 Senator Jerry Ward                                                            
 Senator Johnny Ellis                                                          
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 All members present.                                                          
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 SENATE BILL NO. 24                                                            
 "An Act relating to a requirement that a parent, guardian, or                 
 custodian consent before certain minors receive an abortion;                  
 establishing a judicial bypass procedure by which a minor may                 
 petition a court for authorization to consent to an abortion                  
 without consent of a parent, guardian, or custodian; amending the             
 definition of 'abortion'; and amending Rules 40 and 79, Alaska                
 Rules of Civil Procedure; Rules 204, 210, 212, 213, 508, and 512.5,           
 Alaska Rules of Appellate Procedure; and Rule 9, Alaska                       
 Administrative Rules."                                                        
                                                                               
  - HEARD AND HELD                                                             
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SB 24 - No previous Senate action to record.                                  
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Senator Leman                                                                 
 State Capitol                                                                 
 Juneau, Alaska 99801-1182                                                     
  POSITION STATEMENT:   Prime Sponsor of SB 24.                                
                                                                               
 Judith Koehler, Senior Legislative Counsel                                    
 Americans United for Life                                                     
 343 South Deerborn Street, Suite 1804                                         
 Chicago, Illinois 60604                                                       
  POSITION STATEMENT:   Discussed similar legislation in other states.         
                                                                               
 Kristen Bomengen, Assistant Attorney General                                  
 Human Services Section                                                        
 Department of Law                                                             
 PO Box 110300                                                                 
 Juneau, Alaska 99811-0300                                                     
  POSITION STATEMENT:   Discussed the legal vulnerabilities of SB 24.          
                                                                               
 Rick Mitcham                                                                  
 Alaska Family Council                                                         
 PO Box 210124                                                                 
 Anchorage, Alaska 99521                                                       
  POSITION STATEMENT:   Supported SB 24.                                       
                                                                               
 Bob Lynn, Vice President                                                      
 Alaska Right to Life                                                          
 4400 Trapeline Drive                                                          
 Anchorage, Alaska 99516                                                       
  POSITION STATEMENT:   Supported SB 24.                                       
                                                                               
 Debra Joslin, District Chair                                                  
 Alaska Republican Party in District 35                                        
 PO Box 337                                                                    
 Delta Junction, Alaska 99737                                                  
  POSITION STATEMENT:   Discussed need for parental involvement.               
                                                                               
 Barb Rawalt, District Finance Chair                                           
 Alaska Republican Party in District 35                                        
 PO Box 823                                                                    
 Delta Junction, Alaska 99737                                                  
  POSITION STATEMENT:   Supported SB 24.                                       
                                                                               
 Eileen Becker, Director                                                       
 Homer Crisis Pregnancy Center                                                 
 PO Box 2                                                                      
 Homer, Alaska 99603                                                           
  POSITION STATEMENT:   Emphasized the importance of making SB 24              
                      legally sound.                                           
                                                                               
 Kermit Reppond                                                                
 1616 Selief Lane                                                              
 Kodiak, Alaska 99615                                                          
  POSITION STATEMENT:   Supported SB 24.                                       
                                                                               
 Charles Tripp                                                                 
 1820 Larch Street                                                             
 Kodiak, Alaska 99615                                                          
  POSITION STATEMENT:   Supported SB 24.                                       
                                                                               
 Mark Moldenhauer                                                              
 PO Box 595                                                                    
 Sterling, Alaska 99672                                                        
  POSITION STATEMENT:   Supported SB 24.                                       
                                                                               
 Natasha Calvin                                                                
 PO Box 2966                                                                   
 Sitka, Alaska 99835                                                           
  POSITION STATEMENT:   Indicated opposition to SB 24.                         
                                                                               
 Virginia Phillips, Member                                                     
 Board of Pregnancy Aide                                                       
 404 Lake Street, 2-D                                                          
 Sitka, Alaska 99835                                                           
  POSITION STATEMENT:   Urged the passage of SB 24.                            
                                                                               
 Coralyn Oines                                                                 
 2414 Halibut Point Road                                                       
 Sitka, Alaska 99835                                                           
  POSITION STATEMENT:   Urged the passage of SB 24.                            
                                                                               
 Diane Wight                                                                   
 Christian Coalition of Alaska                                                 
 3900 Arctic                                                                   
 Anchorage, Alaska 99503                                                       
  POSITION STATEMENT:   Supported SB 24.                                       
                                                                               
 Brant McGee, Director                                                         
 Office of Public Advocacy                                                     
 900 W 5th, Suite 525                                                          
 Anchorage, Alaska 99501                                                       
  POSITION STATEMENT:   Discussed the fiscal note generated by the             
                      Office of Public Advocacy for SB 24.                     
                                                                               
 Crystal Baker                                                                 
 Alaska Right to Life                                                          
 19314 Birchwood Loop Road                                                     
 Eagle River, Alaska 99567                                                     
  POSITION STATEMENT:   Discussed her family's experience with                 
                      abortion.                                                
                                                                               
 Theda Pittman                                                                 
 Pro Choice Alliance                                                           
 4720 Eagle #1                                                                 
 Anchorage, Alaska 99503                                                       
  POSITION STATEMENT:   Suggested supporting family planning services,         
                     comprehensive sex education, contraception,               
                     and abstinence.                                           
                                                                               
 Pauline Utter                                                                 
 PO Box 240667                                                                 
 Anchorage, Alaska 99524                                                       
  POSITION STATEMENT:   Discussed the lack of responsibility placed on         
                     minor males with regard to this issue.                    
                                                                               
 Dr. Peter Nakamura, Director                                                  
 Division of Public Health                                                     
 Department of Health & Social Services                                        
 PO Box 110610                                                                 
 Juneau, Alaska 99811-0610                                                     
  POSITION STATEMENT:   The Administration opposed SB 24.                      
                                                                               
 Angela Salerno, Executive Director                                            
 Alaska Chapter of the National Association of Social Workers                  
 525 Main Street                                                               
 Juneau, Alaska 99801                                                          
  POSITION STATEMENT:   Opposed SB 24.                                         
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  Tape 97-1, SIDE A                                                            
 Number 001                                                                    
                                                                               
        SB  24 PARENTAL CONSENT BEFORE MINOR'S ABORTION                       
                                                                              
  CHAIRMAN WILKEN  called the Senate Health, Education & Social                
 Services Committee (HES) to order at 9:00 a.m. and introduced  SB 24          
 as the only order of business before the committee.  Chairman                 
 Wilken said that he did not intend to report SB 24 out of committee           
 today.                                                                        
                                                                               
  SENATOR LEMAN , Prime Sponsor of SB 24, informed the committee that          
 SB 24 is a revisitation of SB 105 in the 19th Legislature.  SB 24             
 will make Alaska's current parental consent law enforceable.  The             
 current parental consent law is not enforceable because a 1976                
 Alaska Attorney General ruled that law unenforceable without a                
 judicial bypass.  Senator Leman pointed out that the national                 
 policy of the President is to see abortions become rare; this bill            
 is a small step in that direction.  He discussed the many areas of            
 parental involvement such as permission for field trips, ear                  
 piercing, or medication given at school of which abortion is not              
 included.  Teens stand to benefit from the support and counsel that           
 parents can offer during a difficult time.  Senator Leman                     
 acknowledged that most families offer a supportive environment for            
 their children.  SB 24 would allow parents to be parents when                 
 needed most.                                                                  
                                                                               
 Number 161                                                                    
                                                                               
 Senator Leman noted that 38 states have parental involvement                  
 statutes and of those, 27 states enforce the statute.  Where the              
 statutes are enforced, teen pregnancies, births, and teen abortions           
 have decreased.  SB 24 does not take away the right to an abortion            
 as the Supreme Court has decided that in cases such as Roe v Wade.            
 Senator Leman explained that SB 24 is consistent with the                     
 reasonable restrictions allowed by the U.S. Supreme Court, in this            
 instance, restrictions on children.  This bill is also consistent             
 with Alaska's right to privacy decision.                                      
                                                                               
 Number 201                                                                    
                                                                               
  JUDITH KOEHLER , Senior Legislative Counsel for Americans United for         
 Life, informed the committee that Americans United for Life is a              
 nonprofit, public interest law firm and educational organization.             
 Americans United for Life has been involved in practically all the            
 litigation involving abortions in the U.S. Supreme Court since and            
 including Roe v Wade.  Ms. Koehler noted that the organization's              
 involvement in Hodgeson v Minnesota would be relevant to this                 
 legislation.  In that case, Minnesota's parental consent law was              
 upheld by the U.S. Supreme Court.  Currently, 27 states have                  
 parental involvement laws.  All of which have judicial bypass and             
 are enforceable.  Seven other states, including Alaska, have                  
 parental involvement statutes that are not enforceable due to the             
 lack of a judicial bypass provision.  If enacted, SB 24 could be              
 successfully litigated and become enforceable.  She discussed                 
 examples of overwhelming public support for parental notice laws in           
 states such as Iowa, Texas, and Colorado.                                     
                                                                               
 Ms. Koehler spoke to the effectiveness of parental involvement                
 laws.  The following information was obtained from the brief filed            
 by the Association of American Physicians & Surgeons in the                   
 Hodgeson v Minnesota litigation before the U.S. Supreme Court.  She           
 noted that her office had prepared the brief for the physicians and           
 surgeons.  Between 1981 and 1986 after Minnesota's parental consent           
 law was passed, teenage pregnancy rates fell by 20.5 percent,                 
 teenage birth rates fell by 12.5 percent, and teenage abortion                
 rates fell by 27.4 percent.  In some, the teen birth rate fell due            
 to a reduction in the pregnancy rate, not an increase in abortions.           
 Ms. Koehler stated that those statistics illustrate that                      
 legislation such as SB 24 is good public policy.  Furthermore, many           
 other states experienced similar results with the passage of a                
 parental consent law.  Ms. Koehler informed the committee of a                
 report in the Quarterly Journal of Economics in May 1996 which                
 concluded that there is no empirical support for the claim that               
 recent restrictions on access to abortion has lead to higher teen             
 birth rates.                                                                  
                                                                               
 Number 262                                                                    
                                                                               
 Ms. Koehler noted that the Alaska Chapter of the National                     
 Association of Social Workers planned to testify that following the           
 enactment of the Minnesota parental notice law, second trimester              
 abortions among minors increased 18 percent.  That statement is               
 misleading because the total number of teen abortions in Minnesota            
 declined as well as the number of second trimester abortions.                 
 However, the number of second trimester abortions did not decline             
 as much as the total.  Therefore, the second trimester abortions              
 made up a greater portion of the total number of abortions.                   
                                                                               
 Ms. Koehler informed the committee that she had researched the                
 abortion - breast cancer link.  A study of teen abortions in                  
 Seattle, Washington, determined that a minor with a family history            
 of breast cancer who aborts her first child prior to her 18th                 
 birthday all developed breast cancer by age 45.  Parents would                
 understand the implications of a teen's family history.  Ms.Koehler           
 stressed the need for a parent's right to know.                               
                                                                               
 Number 300                                                                    
                                                                               
  KRISTEN BOMENGEN , Assistant Attorney General with the Human                 
 Services Section in the Department of Law, indicated the                      
 possibility of constitutional challenges to this legislation.  Ms.            
 Bomengen noted that the legal issues she would discuss had been               
 addressed in a Legislative Counsel memo in 1995.  The parental                
 consent requirement could be subject to a constitutional challenge            
 which could be successful in Alaska's courts.  A review of state              
 jurisprudence in other areas reveals that when a state                        
 constitutional test is applied it is higher than the federal                  
 constitutional privacy test which supports the possibility of a               
 constitutional challenge.  Florida and California have parental               
 consent statutes that allowed judicial bypass to be put in place.             
 In these states, the law became unenforceable due to legal action.            
 Currently, a stay is in place in California until the matter can be           
 settled.  Therefore, such litigation would be necessary in Alaska.            
                                                                               
 Ms. Bomengen believed that a minor would be deemed to have a                  
 fundamental right of privacy that would be affected by SB 24.  By             
 raising the age from 16 in last year's bill to 18 in SB 24, would             
 enhance the aforementioned argument.  Furthermore, she believed               
 that the court would find that the state has a compelling interest            
 in this area of law.  The compelling interests are enunciated in              
 Section 1 of SB 24.  Under a constitutional challenge, the state              
 would have to illustrate a direct connection between the compelling           
 interests and the ends to be achieved through the parental consent            
 requirement conditioned by the judicial bypass.  Such a test has              
 been difficult for other states such as California.                           
                                                                               
 In conclusion, Ms. Bomengen pointed out that there is an equal                
 protection issue with regards to the access of the judicial bypass            
 procedure, especially in rural Alaska.  Also Section 3 creates a              
 new tort liability for a doctor.  Since the Legislature is                    
 reviewing Tort Reform as a whole, it may be appropriate to review             
 the tort liability in SB 24 at that time as well.                             
                                                                               
 Number 371                                                                    
                                                                               
  SENATOR LEMAN  explained that the change in age in the bill last             
 year was the result of committee action.  Last year's  bill did not           
 pass on reconsideration and so the bill will start the process                
 again.  With regards to equal protection, a rural Alaskan teen                
 would have to come to a community where an abortion would be                  
 provided.  In these same communities a court would also be                    
 available.                                                                    
                                                                               
  KRISTEN BOMENGEN  agreed that the delivery of these services would           
 likely involve travel.  However, any constitutional challenge would           
 be based upon the facts brought before the court.  Ms. Bomengen               
 wanted to point out that there would be a question about the                  
 genuine accessibility for a judicial bypass to persons in remote              
 communities in Alaska.                                                        
                                                                               
  SENATOR WARD  commented that everything to which Ms. Bomengen                
 referred was subject to the court's interpretation which is                   
 unknown.  Senator Ward asked if the Administration was opposed to             
 the bill as currently written.  He also asked if she would be                 
 offering amendments to address the previously stated concerns.                
                                                                               
 KRISTEN BOMENGEN  said that she was present in order to point out             
 the legal difficulties with SB 24, not offer amendments.  Ms.                 
 Bomengen stated that she was not present to speak to the                      
 Administration's position on SB 24.  At this time, Alaska is                  
 subject to the same constitutional vulnerabilities and scrutiny as            
 California.                                                                   
                                                                               
  SENATOR WARD  noted that as a legislator, he must make decisions             
 that may have to go to the courts.  He requested amendments in                
 writing from Ms. Bomengen to address the problems she cited.                  
                                                                               
  KRISTEN BOMENGEN  reiterated the following concerns with SB 24:  the         
 age change, the tort issue, and the equal protection vulnerability.           
                                                                               
  CHAIRMAN WILKEN  acknowledged Representative Kelly's presence in the         
 audience.                                                                     
                                                                               
 Number 430                                                                    
                                                                               
    RICK MITCHAM , Alaska Family Council and a parent, posed a series o        
 questions indicating that parents are ultimately responsible for              
 their child.  Mr. Mitcham believed that a child should not be                 
 pregnant and alone facing the decisions that lay ahead.                       
 Furthermore, the child's immaturity would affect those decisions.             
 Mr. Mitcham stressed that parental authority is being eroded.  In             
 conclusion, Mr. Mitcham requested that SB 24 be approved so that              
 the responsible parties can make the right decisions.                         
                                                                               
  BOB LYNN , Vice President of the Alaska Right to Life and father,            
 hoped SB 24 would be adopted.  The vote on this bill is really a              
 vote regarding the principle that families and parents are the                
 foundation of society.  Mr. Lynn pointed out the paradox of parents           
 being held responsible for the communication of values and the                
 physical and mental care of their children, while prohibiting the             
 same parents from making an informed decision on a procedure such             
 as abortion.  There is due process for those parents who are unable           
 or do not want to take care of their children.  Mr. Lynn stated               
 that abortion is not a safe procedure, regardless of propaganda to            
 the contrary.  With regards to privacy, Mr. Lynn emphasized that              
 privacy applies to families and parents as well as women.  Mr. Lynn           
 requested a favorable consideration of SB 24.                                 
                                                                               
 Number 510                                                                    
                                                                               
  SENATOR ELLIS  asked if medical evidence regarding abortions being           
 medically unsafe would be submitted for the public record.  The               
 bill speaks directly to the protection of the health of minor women           
 which predisposes that abortions are medically unsafe procedures.             
 Senator Ellis informed the committee that in one state where the              
 parental notification - judicial bypass procedure has been ruled              
 unconstitutional, the court found abortions to be a medically safe            
 procedure.  With regards to Ms. Koehler's comments about the study            
 linking breast cancer to teen abortions, Senator Ellis believed               
 that other medical studies had discredited that conclusion.                   
 Senator Ellis requested that the committee seek information on both           
 of those issues.                                                              
                                                                               
  SENATOR WARD  felt that Mr. Lynn would be an appropriate person to           
 request the information referred to by Senator Ellis.  Senator Ward           
 requested that Mr. Lynn forward any relevant information to the               
 committee.                                                                    
                                                                               
  SENATOR LEMAN  acknowledged that the safety of abortions could be            
 debated, but he felt that Senator Ellis would agree that abortions            
 would be safer if parents were involved which is the directive of             
 this bill.                                                                    
                                                                               
  SENATOR ELLIS  agreed that the bill would improve the situation if           
 the parent was loving and caring.  On the other hand, if the parent           
 was abusive, the situation would not necessarily be improved.                 
 Senator Ellis clarified that his comments were directed to the                
 language in the bill stating, "protecting the health of minor                 
 women."                                                                       
                                                                               
 Number 556                                                                    
                                                                               
  DEBRA JOSLIN , District Chair of the Alaska Republican Party in              
 District 35, informed the committee that she was a parent.  She               
 would not want her daughters to have such a serious medical                   
 procedure without her and her husband's input.  There are medical             
 implications to abortions.  Ms. Joslin felt that those parents who            
 beat on their children because of their sexual activity are rare              
 cases, but there are laws dealing with abusive parents.  SB 24                
 should not be constructed around such a rare case.                            
                                                                               
  BARB RAWALT , District Finance Chair of the Alaska Republican Party          
 in District 35, noted the illogical nature of parents being                   
 responsible for consent in routine matters of their minor children            
 while a serious medical procedure like abortion could be performed            
 on their child without their knowledge.  She recommended a                    
 favorable vote on SB 24.                                                      
                                                                               
  EILEEN BECKER , Director of the Homer Crisis Pregnancy Center and a          
 mother, noted that she had counseled many teens and seen the                  
 results of the lack of parental consent.  She informed the                    
 committee that she is involved in the litigation of a botched                 
 abortion which has taken two years.  Ms. Becker felt that it would            
 be wise for Alaska to make this bill as legally sound as possible             
 in order to avoid possible litigation, but it is important to get             
 the law on the books.                                                         
                                                                               
  TAPE 97-1, SIDE B                                                            
                                                                               
 Number 585                                                                    
                                                                               
 Ms. Becker expressed concern that if this parental right was                  
 eliminated, other parental rights could follow suit.                          
                                                                               
  SENATOR WARD  asked Ms. Becker to forward any information to the             
 committee that dealt with the effects of abortions on minor women,            
 especially if the effects were negative.   EILEEN BECKER  said that           
 she could give statistics, but not details regarding specific cases           
 due to confidentiality restrictions.  There is not much                       
 documentation regarding the long-range ramifications of an                    
 abortion, however, there are many books available with case                   
 histories.                                                                    
                                                                               
  KERMIT REPPOND  reiterated the illogical nature of the current law.          
 Mr. Reppond discussed the effects of immaturity on a teen life and            
 noted that with regards to abortion, once the procedure occurs it             
 cannot be reversed.  He indicated that bringing a parent into the             
 discourse of an abortion would alleviate some of the problematic              
 results.  With regards to the apprehension of moving forward on the           
 part of legal aspects, Mr. Reppond felt any significant action                
 taken by the legislature could result in a lawsuit.  Mr. Reppond              
 urged the committee to pass SB 24.                                            
                                                                               
 Number 525                                                                    
                                                                               
  CHARLES TRIPP  reiterated the sentiment that parental authority has          
 been eroded.  Mr. Tripp discussed a visit at a political forum in             
 which people were appalled that the state could bundle pregnant               
 children off to have abortions.  Mr. Tripp expressed concern with             
 the judicial bypass.  With the judicial bypass, the court must act            
 within five days or the abortion is granted and the parents are not           
 involved.  Mr. Tripp believed that the school nurse would have                
 forms for the judicial bypass that would collect dust for five days           
 in the court and the child would be granted an abortion.  At best,            
 the judicial bypass creates a five day waiting period for minors.             
 This is a sad commentary.  Perhaps, this illustrates the need for             
 a parental rights amendment to the constitution.  Mr. Tripp also              
 pointed out that a child may allege abuse in court which would be             
 sufficient for the court not to notify the parent.  The parent does           
 not have an opportunity to defend himself/herself against the                 
 accusation.                                                                   
                                                                               
  SENATOR LEMAN  said that he shared many of Mr. Tripp's concerns.  He         
 explained that SB 24 is modelled after other states who have                  
 enforceable parental consent laws with the judicial bypass.  The              
 U.S. Supreme Court has ruled that judicial bypass would be                    
 constitutional.                                                               
                                                                               
  SENATOR ELLIS  inquired as to what sense Mr. Tripp meant that the            
 state bundles people off to have abortions.   CHARLES TRIPP                   
 clarified that he believed that the first person a pregnant child             
 would see would be a school nurse; when he referred to the state he           
 meant the school nurse.                                                       
                                                                               
 Number 464                                                                    
                                                                               
  MARK MOLDENHAUER , as a parent and an Alaskan, asked for the support         
 of SB 24.  This is an important bill for families.  Mr. Moldenhauer           
 said that the privacy propaganda and unconstitutionality that Ms.             
 Bomengen presented is bunk.  He reiterated the concern regarding              
 the usurpation of parental authority.                                         
                                                                               
  NATASHA CALVIN  began by asking why a child should be forced to go           
 to court in order to choose the safest of the three alternatives:             
 a safe legal abortion, an unsafe illegal abortion, or carrying the            
 pregnancy to term.  Former Surgeon General Everett Koop, found that           
 for young pregnant girls a safe and legal first trimester abortion            
 was far safer than carrying a pregnancy to term.  The United                  
 Nations' estimates that illegal abortions are 100 to 500 times more           
 dangerous than safe, legal abortions.  Also, the suicide rate among           
 early teen girls who are unmarried parents is higher than foreign             
 populations.                                                                  
                                                                               
 Ms. Calvin asked the committee to imagine a 12 or 13 year-old girl            
 going to Superior Court.  Remember the case of Becky Bell who was             
 from a loving family.  Ms. Bell did not want to disappoint her                
 family, so she had an illegal abortion and died from an infection.            
 Ms. Bell's father is now educating others on the dangers of                   
 parental consent laws.  Ms. Calvin discussed the testimony of                 
 Republican Senator Charles Cook from New York which indicated his             
 opposition to bills such as SB 24.                                            
                                                                               
                                                                               
 Number 403                                                                    
                                                                               
  SENATOR LEMAN  believed that Ms. Calvin misrepresented the facts of          
 the Bell case.  The autopsy report of Ms. Bell said she had a                 
 spontaneous abortion or in layman's terms, a miscarriage.   NATASHA           
 CALVIN  requested that Senator Leman forward her the evidence                 
 supporting his statements.   SENATOR LEMAN  said that the Bell case           
 was very tragic, but the case does not support the notion that                
 parents should not be involved in their child's abortion.  If the             
 Bell parents had been involved, the appropriate medical attention             
 could have be used.                                                           
  VIRGINIA PHILLIPS , member of the Board of Pregnancy Aide in Sitka,          
 informed the committee that she had been involved with women of all           
 ages with problem pregnancies even before Roe v Wade.  In 1975 she            
 moved to Alaska and began helping people make decisions about                 
 abortions.  The adoption option seems to have been forgotten.  Ms.            
 Phillips believed that even if this bill passes, many parents will            
 choose abortion for their daughters.  Ms. Phillips discussed her              
 experience at a Native conference in St. Mary's where parents were            
 frustrated with their daughters coming back from school and being             
 deeply disturbed.  As it turned out, these girls had abortions.               
 With regards to the breast cancer link to abortions, the Fred                 
 Hutchinson Hospital Cancer Center has proved this link.                       
                                                                               
 Ms. Phillips believed that in every case she had dealt with the               
 minor and parent relationship had been strengthened when the minor            
 told her parent about the pregnancy.  Most parents love and care              
 for their children.  Ms. Phillips emphasized that the parents are             
 left to deal with their child's emotional and physical problems               
 after an abortion.  Ms. Phillips urged the committee to pass SB 24.           
                                                                               
 Number 353                                                                    
                                                                               
  CORALYN OINES  reiterated the inconsistency of abortion laws versus          
 other medical laws.  Ms. Oines applauded the committee's                      
 willingness to deal with the parental consent issue.  She urged the           
 committee to pass SB 24.                                                      
                                                                               
  DIANE WIGHT , on behalf of the Christian Coalition of Alaska, said           
 that an abortion is not something that can be taken care of with a            
 bandaid or a kiss like so many other things in a child's life.  An            
 abortion is a surgical procedure that effects the child for the               
 rest of her life.  Ms. Wight believed that an abortion creates an             
 emotional scar in the child's life and therefore, the parent is               
 effected  by this as well.  Ms. Wight supported SB 24.                        
                                                                               
  BRANT MCGEE , Director of the Office of Public Advocacy, informed            
 the committee that he was present to comment on the role                      
 contemplated in SB 24 for the Office of Public Advocacy.  Under               
 SB 24, the Office of Public Advocacy would be appointed at the                
 first hearing of the judicial bypass proceeding in order to provide           
 representation to the minor.  Mr. McGee noted that a fiscal note              
 had been provided based on the assumptions of the latest statistics           
 regarding the anticipated number of cases.  There are innumerable             
 factors influencing the number of cases and the number of minors              
 that will seek judicial bypass proceedings.  Such factors would be            
 the availability of the information regarding judicial bypass to              
 minors as well as the vagaries of judicial proceedings in different           
 locations.  Mr. McGee pointed out that the fiscal note does not               
 include any assumption regarding the cost of appeals in individual            
 cases or constitutional challenges to this law.  He could not                 
 estimate how much litigation of the judicial bypass would cost.               
                                                                               
  SENATOR LEMAN  noted that Mr. McGee's fiscal note was based on the           
 statistics of other states with respect to how many girls would not           
 seek parental consent.  The fiscal note does not seem to give                 
 credit for the guidance this procedure would have in leading girls            
 to carry the pregnancy to term.  Mr. McGee seems to conclude that             
 those girls in other states who are not talking with their parents            
 are seeking a judicial bypass.  Senator Leman hoped that a                    
 significant number of these children would make other decisions,              
 therefore crediting the fiscal note.  Senator Leman suggested that            
 Mr. McGee give some thought to how that would influence the fiscal            
 note.                                                                         
                                                                               
  BRANT MCGEE  agreed with Senator Leman's comments.  Mr. McGee stated         
 that there is evidence that some states with judicial bypass                  
 actually experienced the opposite effect.  For example, in                    
 Minnesota 43 percent of minors seeking abortions utilized the                 
 judicial bypass procedure which is slightly higher than the numbers           
 upon which the fiscal note is based.  The numbers used for the                
 fiscal note are based upon a national survey regarding the                    
 willingness of teenagers to discuss the potential for an abortion             
 procedure with their parents.  Mr. McGee agreed that this is a                
 murky area.  Furthermore, the data from other states varies widely.           
 Reviewing the national picture may not be as helpful as it may be             
 in other areas.                                                               
                                                                               
 Number 256                                                                    
                                                                               
  SENATOR ELLIS  asked if Senator Leman meant that the numbers upon            
 which the fiscal note are based are incorrect because the                     
 intimidation of the court proceeding or the access to the court               
 would prompt the minor to make a different decision.                          
                                                                               
  SENATOR LEMAN  clarified that his remarks focused on the fact that           
 the Office of Public Advocacy did not give any credit to the                  
 possibility that the minor would choose to carry the pregnancy to             
 term and not utilize the judicial bypass procedure.  In response to           
 Senator Ellis, Senator Leman felt such a choice would be made due             
 to access to good information and many other factors.                         
                                                                               
  SENATOR ELLIS  felt that the prospect of going before a judge or             
 living in an area where a judge is not readily available would pose           
 the biggest factors in not choosing the judicial bypass option.               
                                                                               
 Number 232                                                                    
                                                                               
  CRYSTAL BAKER , Alaska Right to Life, informed the committee that            
 she had a daughter who had two abortions.  Her daughter now regrets           
 those decisions and has emotional problems due those decisions.               
 Ms. Baker said that she too had emotional problems over the loss of           
 those children.  Ms. Baker did not understand how we have moved               
 toward the state taking over our families and children.  Government           
 should encourage families to love one another.                                
  THEDA PITTMAN , Pro Choice Alliance, stated that the files from last         
 year contain all the information necessary to defeat this proposal.           
 With regards to privacy, pregnancy and abortion are considerably              
 more serious than having ones ears pierced.  SB 24 would not                  
 accomplish its stated purpose, it victimizes young women who cannot           
 talk with their parents about their pregnancy because of a history            
 of alcoholism, drugs, and/or abuse.  The purpose of SB 24 is to               
 outlaw abortion.                                                              
                                                                               
 Ms. Pittman acknowledged that similar laws had passed in other                
 states.  If a minor has good communication with her parents, then             
 a law is not necessary.  National statistics find that 60 to 62               
 percent of young women who have abortions have talked to their                
 parents or have parental permission.  There is a whole category of            
 people for whom this law is irrelevant.  Ms. Pittman stated that              
 for those few minors who go to court, the judge approves the                  
 request.  For example, over a period of years in Massachusetts of             
 the 14,000 judicial bypass requests only one resulted in the                  
 notification of the parent.  Of the 14 petitions, there were 14               
 denials.  Of those denials, 12 were overturned within days and the            
 other two became moot when one minor went out of state for an                 
 abortion and the other received parental consent for the abortion.            
                                                                               
 Ms. Pittman pointed out that this process does delay the process              
 for the minor woman.  No one knows what happens to those who cannot           
 communicate with their family or go to court.  Bill Bell spoke to             
 that point last year.  The claim that Becky Bell spontaneously                
 aborted is not true, the birth certificate does not say spontaneous           
 abortion.  Ms. Pittman suggested that the public's time and money             
 should be used in order to support increased family planning                  
 services, comprehensive sex education, birth control and                      
 abstinence.  Support programs which foster real parent - teen                 
 communication.  Ms. Pittman said that when asked by a colleague if            
 SB 24 is passed would one girl talk to her parents who otherwise              
 would not, Senator Leman replied, "No, unfortunately they go to               
 court."  SB 24 is about making young women go to court.                       
                                                                               
 Number 105                                                                    
                                                                               
  SENATOR LEMAN  did not recall saying that, but he hoped that SB 24           
 would encourage teen - parent communication and result in the minor           
 caring the pregnancy to term.  Senator Leman felt it inappropriate            
 for Ms. Pittman to state the purpose of the bill, that would be her           
 opinion.  One of the objectives of SB 24 is to support the national           
 policy of making abortions rare which he hoped even Ms. Pittman               
 could support.                                                                
                                                                               
  SENATOR ELLIS  reiterated the invitation to submit information to            
 the committee.  The supposed link between breast cancer and                   
 abortions and whether an abortion is medically safe are important             
 areas, especially due to the language in the bill saying,                     
 "protecting the health of minor women."                                       
  PAULINE UTTER , speaking as a mother and grandmother, remarked that          
 the responsibility of a parent is most difficult during the teen              
 years when the basic objective is to keep them alive.  Ms. Utter              
 resented the fact that the bill refers to children, these are girls           
 that are being addressed in the bill.  The bill does not suggest              
 that boys should have permission or seek judicial bypass before               
 having sex.  The girls are being punished.                                    
                                                                               
  SENATOR LEMAN  commented on Ms. Utter's statements regarding                 
 addressing the individuals as children rather than girls.  He did             
 not view the judicial bypass as punishment for girls.  Senator                
 Leman felt that helping people make a decision should be viewed as            
 loving, compassionate, and caring.                                            
                                                                               
  PAULINE UTTER  inquired as to how many of these minor women would be         
 before women judges.   SENATOR LEMAN  did not know, there are women           
 judges which would mean that some minor women should be before                
 women judges.                                                                 
                                                                               
  TAPE 97-2, SIDE A                                                            
                                                                               
  Number 010                                                                   
                                                                               
  DR. PETER NAKAMURA,  Director of the Division of Public Health, said         
 he has a lot of experience in seeing how youth respond in different           
 cultural settings in small rural communities.  He thought a state             
 law mandating parental notification or consent for minor women who            
 choose to have an abortion poses significant dilemmas for the minor           
 and her chosen health care professional.  The health care                     
 professional may be forced to delay care or abrogate patient                  
 confidentiality, and in some cases expose a minor to physical or              
 psychological harm.  However, doctors routinely encourage their               
 minor patients to consult with parents or guardians about                     
 treatment.  Dr. Nakamura said that without confidentiality, many              
 adolescents would not seek timely or appropriate care.  Over 40               
 health care organizations subscribe to that position.                         
                                                                               
 Most parents ordinarily act in the best interests of their children           
 and minors benefit from their advice and emotional support.                   
 Legislation mandating parental involvement are promoted on the                
 basis of the theoretical benefits of strengthening family                     
 responsibility and communication.  Experience has shown that about            
 61 percent of unmarried minors have informed one or both parents              
 about their pregnancy.  Over 20 percent of unmarried minors did not           
 inform their parents, but did inform or involve at least one other            
 responsible adult.                                                            
                                                                               
 Dr. Nakamura said that the most frequent reason minors cite for not           
 informing their parents include the belief that the knowledge would           
 damage their relationship, the fear it would elevate conflict or              
 coercion, and the desire to protect a vulnerable parent from stress           
 and disappointment.  One third of minors who do not inform parents            
 already have experienced family violence and fear it will reoccur.            
 Although parental involvement in many cases may be helpful, in                
 others it may be punitive, coercive, and abusive.  Threatening a              
 doctor with punitive measures for allowing his clinical judgement             
 and practice be guided by what is best for the individual patient             
 is not at all supportive of the best medical practice.                        
                                                                               
 Number 97                                                                     
                                                                               
 Legislation that precludes any consideration for psychological or             
 emotional damage is denying the serious consequences from such                
 omissions.  He said that often young women are intimidated by                 
 having to get a judicial bypass because of anticipated fear and               
 anxiety for loss of confidentiality that is associated with this              
 action.  In a small rural community it is almost impossible for a             
 young person to access medical care, much less to appear in a                 
 judicial setting.  Access for young women in rural communities is             
 often compromised by the lack of knowledge and by great distances             
 to a judicial system.  There is no mechanism in most rural                    
 communities where confidentiality could be preserved during an                
 attempt to identify the parent or custodian.  Further obstacles to            
 access to professional guidance and safe medical procedures can               
 only increase the risk to the life and health of these children.              
                                                                               
 Dr. Nakamura concluded that for these many reasons the                        
 Administration opposes SB 24.                                                 
                                                                               
  SENATOR WARD  asked how many physicians statewide are trained in             
 counseling for pregnancy as well as after care counseling.   DR.              
 NAKAMURA  replied that it is a routine part of every physician's              
 training.  This is a statement from a physician trained as such.              
                                                                               
  SENATOR WARD  inquired as to how many physicians practicing this are         
 Alaska Natives and how many are females.   DR. NAKAMURA  said that he         
 would forward that information to the committee.                              
                                                                               
 Number 142                                                                    
                                                                               
  SENATOR WARD  disagreed with Dr. Nakamura's assumption that this             
 legislation would hurt rural Alaska.  He discussed that he had been           
 involved with villages in which young girls were shuttled through             
 a process which resulted in abortions and even sterilizations.  The           
 options were not counseled as the process proceeded.  Senator Ward            
 asked Dr. Nakamura when parental counseling would be an obstacle.             
                                                                               
  DR. NAKAMURA  responded that parental counseling is desired.  The            
 problem is that there are parents that are less skilled in this               
 form of counseling, and there are children in abusive and coercive            
 relationships where counseling is not very successful.  Dr.                   
 Nakamura reiterated that at least one third of those children who             
 do not request consent are in abusive and coercive relationships.             
 In response to Senator Ward  , Dr. Nakamura said that providing the           
 training information for pre-abortion counseling and after care               
 would be difficult.  The levels of training are different.  For               
 those specializing in this area, the training is greater and more             
 in depth than those who do this as a concerned physician not as               
 there primary responsibility.                                                 
                                                                               
  SENATOR WARD  remarked that if in fact the physicians are not                
 trained and abortion mills are being run in Anchorage or Fairbanks            
 and counseling is not being done, then he wanted that information             
 in writing.  Perhaps, the parents would have an interest in that              
 information.  Senator Ward reiterated that he disagreed with Dr.              
 Nakamura that this legislation would hurt rural Alaska.                       
                                                                               
  SENATOR LEMAN  expressed disbelief that Dr. Nakamura felt that a             
 physician could make a decision in the best interest of a child               
 without the parent's involvement.  With regards to the                        
 Administration's opposition to the bill, Senator Leman informed Dr.           
 Nakamura that 78 percent of Alaskans polled on this topic believe             
 that parental involvement/consent is appropriate and support it.              
 Sixteen percent did not support parental involvement/consent and              
 six percent were undecided.  Perhaps, that information would affect           
 the decision of the Administration.                                           
                                                                               
  CHAIRMAN WILKEN  announced that testimony would be taken on SB 24 at         
 the meeting on Friday.                                                        
                                                                               
 Number 220                                                                    
                                                                               
  ANGELA SALERNO , Executive Director of the Alaska Chapter of the             
 National Association of Social Workers (NASW), opposed SB 24.  Ms.            
 Salerno stated that a pregnant women's right to choose or not to              
 choose abortion was established by the Supreme Court in Roe v Wade.           
 That decision included all women, even those under age 18.  There             
 are over a million teenage pregnancies in the United States every             
 year.  Over 80 percent of those are unattended, nearly all pregnant           
 teens are unwed, and 40 percent of them choose abortion.                      
                                                                               
 Ms. Salerno echoed Ms. Pittman's comments that SB 24 will not                 
 promote desirable parental consultation because most children, 62             
 percent in a nationwide study, are talking with their parents.                
 NASW does support strong families, but SB 24 will be ineffective              
 and possibly dangerous to the child in an unstable and troubled               
 family.  Fourteen percent of minors having an abortion believed               
 that they would face physical violence and 11 percent feared                  
 violence between their parents if the child consulted the parent.             
                                                                               
 With regards to the risk surrounding abortion, Ms. Salerno stated             
 that abortion at all stages of pregnancy is safer than childbirth.            
 The risk of major complications from abortion does increase 15 to             
 30 percent per week.  Therefore, SB 24 would delay abortion which             
 creates health risks.  Since the Supreme Court made its decision,             
 one of the leading reasons for illegal abortions is the desire to             
 maintain secrecy.  By far illegal abortions are the most dangerous.           
 Ms. Salerno pointed out that in Alaska the courts' trend is to                
 assign teenagers greater responsibility for their actions not                 
 imposing further restrictions.  This legislation does the opposite.           
                                                                               
 Number 275                                                                    
                                                                               
 Ms. Salerno informed the committee that under the Reagan                      
 Administration the Surgeon General was directed to develop a report           
 regarding the detrimental effects of abortion.  The Surgeon General           
 was unable to accomplish that.  Ms. Salerno did not believe that              
 there is any proof at this time that abortion is detrimental to the           
 long term physical or psychological health of the woman.  Ms.                 
 Salerno commented on social links to teen parenthood and social               
 problems.  Kids Count Alaska 1996 which was developed by the              
 Institute of Social and Economic Research at the University of                
 Alaska reports that in 1992, 52 percent of all mothers collecting             
 AFDC in Alaska had their first children as teenagers.                         
                                                                               
  SENATOR WARD  asked Ms. Salerno if NASW believed that all abortions          
 are safer than carrying a pregnancy to term.   ANGELA SALERNO                 
 answered that statement was a fact.  She offered to find the                  
 citation for Senator Ward.   SENATOR WARD  said that he disagreed             
 with that statement because it was based on a false premise.                  
  ANGELA SALERNO  responded that it was somewhat medically and                 
 statistically proven.                                                         
                                                                               
  SENATOR LEMAN  stated that Ms. Salerno had misinterpreted the U.S.           
 Supreme Court's rulings by saying that all women were entitled to             
 abortions.  Ms. Salerno failed to discuss the subsequent decisions            
 which specifically allow states to regulate and restrict children             
 differently than adults.  Senator Leman emphasized that SB 24 sends           
 the message that teens should be more responsible and involved with           
 their parents on decisions such as abortion.                                  
                                                                               
  CHAIRMAN WILKEN  invited those who did not have a chance to testify          
 to return Friday to testify at that time.                                     
                                                                               
 There being no further business before the committee, the meeting             
 was adjourned at 10:53 p.m.                                                   
                                                                               

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