SENATE HEALTH, EDUCATION & SOCIAL SERVICES COMMITTEE February 3, 1997 9:00 a.m. MEMBERS PRESENT Senator Gary Wilken, Chairman Senator Loren Leman, Vice Chairman Senator Jerry Ward Senator Johnny Ellis MEMBERS ABSENT Senator Lyda Green 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." - MOVED SB 24 OUT OF COMMITTEE SENATE BILL NO. 51 "An Act giving notice of and approving the entry into, and the issuance of certificates of participation in, a lease-purchase agreement for a centralized public health laboratory facility." - MOVED SB 51 OUT OF COMMITTEE SPONSOR SUBSTITUTE FOR SENATE BILL NO. 38 "An Act relating to anatomical gifts, living wills, and do not resuscitate orders." - MOVED SSSB 38 OUT OF COMMITTEE SENATE BILL NO. 14 "An Act relating to insurance covering an insured who is a victim of domestic violence and requiring certain disclosures by an insurer." - WAIVED OUT OF COMMITTEE PREVIOUS SENATE COMMITTEE ACTION SB 24 - See Senate Health, Education & Social Services Committee minutes dated 1/29/96 and 1/31/96. SB 51 - See Senate Health, Education & Social Services Committee minutes dated 1/31/97. SB 38 - See Senate Health, Education & Social Services Committee minutes dated 1/31/97. SB 14 - See Labor and Commerce Committee minutes dated 1/28/97 and ACTION NARRATIVE TAPE 97-2, 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 first order of business before the committee. He also noted that more information about SB 24 had been added to the committee packet. SENATOR LEMAN apologized for being absent on Friday, but noted that he was aware of Dr. Nakamura's testimony. Senator Leman felt that if ever there would be common ground on the abortion issue, it would be in the area of parental consent for minors. He expressed disappointment with Dr. Nakamura's testimony and the approach of the Administration. With regards to the change in state law, this bill would provide a judicial bypass thereby making the existing law enforceable. The U.S. Supreme Court has said that the judicial bypass procedure is necessary with such a law. Senator Leman disagreed with those who deny the link between abortion and breast cancer. In conclusion, Senator Leman emphasized that the prime reason for this legislation is to ensure a strong family unit and that counsel is sought from parents on such issues. SENATOR LEMAN moved to report SB 24 out of committee with individual recommendations and attached fiscal notes. SENATOR ELLIS objected. Senator Ellis did not believe that the main reason for the bill, protecting the health of women age 18 and under, had been proven. The alleged connection between breast cancer and abortion has not been proven with the material before the committee. The issue of access and factors unique to Alaska such as high rates of domestic violence, sexual assault, alcoholism, child abuse, and other things found in dysfunctional families all argue against the passage of this legislation. Upon a roll call vote, Senators Wilken, Leman, and Ward voted "Yea" and Senator Ellis voted "Nay". Therefore, SB 24 was reported out of committee. Number 108 SB 51 APPROVE CENTRALIZED PUBLIC HEALTH LAB  CHAIRMAN WILKEN introduced SB 51 as the next order of business before the committee. He asked if there was any discussion regarding Friday's presentation. Hearing none, Chairman Wilken asked for the will of the committee. SENATOR LEMAN moved to report SB 51 out of committee with individual recommendations and accompanying fiscal notes. Without objection, it was so ordered. SB 38 ANATOMICAL GIFTS,LIVING WILLS & DNR ORDER  CHAIRMAN WILKEN introduced SSSB 38 as the next order of business. He asked if there was discussion on the legislation. SENATOR ELLIS thought he supported this legislation, however he was not completely confident that the matter had been fully discussed. What are the remaining committees of referral on this bill? CHAIRMAN WILKEN replied, the next and last committee of referral is the Senate Judiciary Committee. SENATOR LEMAN moved to report SSSB 38 out of committee with individual recommendations and accompanying fiscal notes. Without objection, it was so ordered. SB 14 INS:DOMESTIC VIOL. VICTIMS & DISCLOSURES  Number 146 CHAIRMAN WILKEN informed the committee that the committee had been asked to waive the hearing of SB 14 in HES so that the bill would be referred to the final committee of referral, the Senate Judiciary Committee. SB 14 was heard in Senate Labor & Commerce and was referred with five "Do Pass" signatures. Chairman Wilken asked if there was any objection to waiving this bill. Hearing no objection, it was so ordered. CHAIRMAN WILKEN announced that during Wednesday's meeting the committee would hear public testimony on the tobacco tax issue. Today at 9:30 a.m. the Milken Foundation Award Recipients will make a presentation to the Joint House & Senate HES Committees. There being no further business before the committee, the meeting was adjourned at 9:15 a.m.