Approved: March 21, 2006
The meeting was called to order by Chairman Jim Morrison at 1:30 P.M. on March 20, 2006, in Room 526-S of the Capitol.
All members were present except Representatives Landwehr, Watkins, Bethell, and Miller, all of whom were excused.
Committee staff present:
Melissa Calderwood, Kansas
Legislative Research Department
Mary Galligan, Kansas Legislative Research Department
Renae Jefferies, Office of the Revisor of Statutes
Gary Deeter, Committee Secretary
Conferees appearing before the committee:
Jan Buckman, Fetal Alcohol Symdrome Clinic,
Emporia
Ed Olson, President, Lyme Association of Greater Kansas City
Jeanne Gawdun, Senior Lobbyist, Kansas for Life
Rocky
Nichols, Executive Director, Disability Rights Center of Kansas
Shannon
Jones, Executive Director, Statewide Independent Living Council of Kansas
Senator David
Haley
Others attending:
See attached list (not available on the electronic copy).
Jan Buckman, former Chief of Rehabilitation Services, Kansas Social and
Rehabilitation Services (SRS) who presently works with the Fetal Alcohol
Syndrome Clinic in Emporia, reviewed the effects of fetal alcohol syndrome,
which may include memory deficits, limited abstract thinking, confused
receptive language, poor social skills, erratic problem-solving skills, and
explosive emotional episodes.
(Attachment 1) She said becoming aware of the source of such behavior and
working to change the environment, not the conduct, provide the best strategies
for stability and a more productive life.
Ed Olson, President, Lyme Association of Greater Kansas City, presented
information about Lyme disease.
(Attachment 2) He reviewed information about Lyme disease and the work of
the Kansas City Lyme Association, noting that its most important function is the
hotline to answer questions from concerned citizens. He commented that Lyme
disease is often misdiagnosed because it displays symptoms similar to many other
ailments. He emphasized the need for education and prompt treatment, stating
that four Kansans have died from the disease. He cited legislation in Rhode
Island that addresses some of the needs associated with Lyme disease.
The Chair opened the hearing on
SB 528.
Jeanne Gawdun, Senior Lobbyist, Kansas for Life, spoke as a proponent. (Attachment
3) She said the bill expands some statistical information about
post-22-week abortion reporting and reporting of infants born alive during an
abortion procedure, commenting that the bill clarifies reasons reported for
abortion of viable babies and noting that more specific information regarding
mental health and fetal anomalies will provide more nearly accurate statistics
regarding abortions. She cited several instances where information was vague,
referenced a chart regarding abortion statistics,
(Attachment 4), and provided a sample termination of pregnancy report,
(Attachment 5) and a sample birth certificate. (Attachment
6)
Judy Smith, State Director, Concerned Women for America of Kansas, provided
written testimony as a proponent. (Attachment
7)
Rocky Nichols, Executive Director, Disability Rights Center of Kansas, testified
as a neutral party, commenting that the disability community had concerns about
the potential discriminatory effects of the bill. (Attachment
8) He urged the committee to consider two questions before making judgments
about the bill: (1) Why does the bill only require data regarding specific
disabilities, which, if the bill were to become law, would be the only Kansas
statute referencing disabilities? and, (2) Can the Kansas Department of Health
and Environment (KDHE) provide assurances that the privacy of those listed will
be absolutely protected? He commented that he could not find such assurances in
the bill, noting that cross-tabulation of data could identify individuals even
if no names were used. He recommended that the bill specify the use of raw data
collected in the aggregate statewide.
Senator David Haley spoke as an opponent of the bill. (Attachment
9) He said the bill is intended primarily for use as an election issue,
commenting that the bill is duplicitous, confusing, and is merely a tool to
harass abortion providers. He complained about the perceived surreptitious
introduction of the bill in the Senate committee and urged members to follow
time-tested procedures in dealing with the bill. Answering questions, he said
the estimated additional cost of $25 per late-term abortion might be a burden on
some low-income women and serves only to chip away at a women’s right to
choose. Regarding the Kansas Attorney General’s attempt to investigate health
records of abortion providers, he replied he was unaware of what effect this
bill would have.
Shannon Jones, Executive Director, Statewide Independent Living Council of
Kansas, said her organization seeks to promote the civil rights of disabled
individuals. (Attachment
10) She said her primary concern focused on lines 33-42 of page 1, which
singles out women with disabilities, unaccountably placing in statute a certain
class of individuals. She recommended striking the offensive language.
The following provided written testimony in opposition to the bill: Ami Hyten,
Assistant Executive Director, Topeka Independent Living Resource Center,
(Attachment 11); Anne-Marie Hughey, Legislative and Policy Advocate,
Southeast Kansas Independent Living Resource Center,
(Attachment 12); Kathy Lobb, Legislative Liaison, Self-Advocate Coalition of
Kansas,
(Attachment 13); Elizabeth Hatcher, Psychiatrist, Topeka,
(Attachment 14); Robbin Palmer, Ph.D, Genetic Counselor, Reno, NV,
(Attachment 15); and Kerrie Bacon, Kansas Commission on Disability
Concerns. (Attachment
16)
Members posed several questions to conferees. Ms. Jones said if the designated
lines were struck, she would not object to the bill. Responding to another
question, she added another line (page 3, line 19) she said should be struck.
Dr. Lorne Phillips, Director, Bureau of Vital Statistics, Division of Health,
KDHE, answered that the bill refers to two different forms already in use—the
termination of pregnancy report and the (live) birth certificate. A member
commented that the present forms are adequate without requiring the proposed
additions. To another question, he said there is no concept in current law
about an attempted abortion resulting in a live birth. Mr. Nichols, responding
to a question that if the bill identifies a disparate number of those with
disabilities as having abortions and thus offers protection for them rather than
discriminating against them, said his only purpose was to raise the question
regarding discrimination. When a member cited a statistic that those mentally
deficient are more likely to be abused (25% more boys, 40% more girls), Mr.
Nichols said that if the bill is used as a basis for collecting data, the
committee should first answer the two questions he posed. Ms. Gawdun replied
that the intent of the bill was to create parity on the reporting forms and to
assure that the federal born-alive law is being followed, the latter which is
not clear at present because the reporting is incomplete. Ms. Jones said she
had no knowledge whether the disabled have more or fewer abortions than the
general populace.
A fiscal note was
included for members. (Attachment
17)
The hearing on SB 528 was closed.
The meeting was adjourned at 3:31 p.m. The next meeting is scheduled for
Tuesday, March 21, 2006.