Public Health, Welfare and Labor Committee - Senate

Bill House Bill eleven fifty five okay we're gonna let you go first and then we're going to take up the Senator Rapert said bill Senate bill six and then we're going to adjourn just for safety reasons all right to. You are recognized to present your bill thank you madam chair members this is a a real simple another very good bill what it does is just open up information flow every year we have sixty five hundred folks from Arkansas adopt cancer. and the Arkansas center cancer research. Whatever for as a C. C. R. is trying to expedite their their flow this bill will allow them to do that I've got expert witness if we need to have it but there's no additional cost How can I just ask for a good vote. All right you finished with your discussion so ladies and gentleman we're going have questions now Senator Davis did you have a question all right anyone from the Committee have a question. All right seeing no questions is there anyone in the audience who would like to speak for the bill against the bill. Have you finished the I'm closing you have because you're close to all right. What action all right the pleasure of the Committee is do pass the second all those in favor say aye all those opposed congratulations you have passed your bill now we're going to hear us Senate bill six and Senator Rapert when you get settled we are ready to hear your bill and we have already discussed the fact that this is a day when we need to limit conversations and debate and a lot of the comments from the audience. Only because again the weather's bad and we need to get some of these people home all right you are recognized to present your bill. So give or take the mask off yes please to share about your if you don't mind could I ask for Allen Parker with gestures foundation who's helping with legal counsel if he's here for his yes please come forward and introduce yourself for the record. A. There I need to turn on the Mike skews me my name is Alan Parker I'm the president of the U. S. justice foundation I am a licensed attorney to practice before the United States Supreme Court and I'm here to help present the bill Senator Rapert. Thank you for being here and you're recognized you may continue thank you madam chair and I appreciate the intelligence of the committee and the circumstances and and we're prepared to hit the salient points so that we can move forward and I just wanna say right out right off the bat that obviously I think seven out of eight folks have already signed up to co sponsor the bill and I appreciate the opportunity to work with all of you on the bill early on Senate bill six is obviously the Arkansas unborn child protection act to abolish abortion and protect our human life it's time for the United States Supreme Court to redressing correct the grave injustices in the crime against humanity which is being perpetuated by the decisions in roe V. Wade the overseas Bolton and Planned Parenthood versus Casey with nearly sixty two million little innocent baby girls and little baby boy is killed through abortion in our nation since nineteen seventy three it is past time for our nation to abolish abortion in addition to all the House and Senate co sponsors I want to thank all of the people that have submitted I believe that staff is passing out for you there's at least ten to twelve letters and that and we actually have had more people even today submit letters that did not make it into your package important for the record for you to know Arkansas right to life is endorsed this bill Arkansas family council Catholic Church of Arkansas in specifically bishop Taylor Arkansas faith and ethics counsel Arkansas per carcass network the justice foundation the national association of Christian lawmakers an American speaks students for life action representing young people all over the nation over twelve hundred groups I believe faith to action it's miss Janet Porter who is really the inspiration behind the heartbeat bill which many of you and this committee helped pass in twenty thirteen additionally very happy the governor Mike Huckabee without pact reached out last night. Show your support as well as well as the life legal defense foundation the United States Supreme Court committed a grave injustice and a crime against humanity in the Dred Scott decision by the ninth person headed to a class of human beings obviously our fellow Americans African Americans the United States Supreme Court also committed a grave injustice and a crime against humanity by up holding the separate but equal doctrine in Plessy versus Ferguson which withdrew legal protection from a class of human beings who were persons under the United States constitution our fellow African Americans a crime against humanity does occur when a government withdraws legal protection from a class of human beings resulting in severe deprivation of the rights up to and including death and brown versus board of education the United States Supreme Court corrected its own grave injustice and crime against humanity created implicit burgers Ferguson by overruling and abolishing the fifty eight year old separate but equal doctrine this giving equal rights to African Americans that's important to note because some would say why would you bring a bill to abolish abortion when the nineteen seventy three cases set precedent the court has overturned very old precedence before when they see a compelling reason to do so under the doctrine of starry to cease this three abortion cases that are gonna be mention and SB six did you have before you meet the test for one location be overturned by the United States Supreme Court because of significant changes in facts for laws including without limitation these particular points the cases have not been accepted by scholars judges and the American people as witnessed to by the fact that these cases are still the most intensely controversial cases in American history and also at the present time new scientific advances have demonstrated since nineteen seventy three that life begins. At the moment of conception and that the child in a woman's womb is a human being scientific evidence of personal testimonies document the massive harm that abortion causes to women also it's important for us in Arkansas will laws in all fifty states have now changed through safe haven laws to eliminate all burden of child care for women who do not want to care for a child Arkansas has safe haven laws in their place as well as the safe haven baby box it madam chair was the champion of in the we're all proud of and we have seen I know of at least one young baby that was safe to that baby box. So in this situation on this bill if if someone feels they cannot care for the baby that maybe they don't want the baby they don't have to abort the baby will gladly take care of the baby in our state we have already set that up. Public attitudes favoring adoption have created a culture of adoption the United States with many families waiting long periods of time to adopt new born infants and before the US Supreme Court decision of roe V. Wade Arkansas had already enacted prohibitions on abortions and authorize the refusal to perform participate consent or submit to an abortion in the Arkansas constitution amendment sixty eight states that the policy of Arkansas is to protect the life of every unborn child from conception until birth and that public fund shall not be used to pay for any abortion except to save the life of the mother most important to is the fact that what I bring before you today is actually not a new bill or new concept there are no exception stated for rape or incest an amendment sixty eight that was voted on by the people of Arkansas and put into the Arkansas constitution which we all been sworn to uphold as well. This is the same thing in the trigger bill that we had in twenty nineteen that was signed into law it is the current bill upon which this one is based many people said what is the bill do it's the exact same bill with amendments of course for statistics that have changed a couple of years but it simply says that we are flipping the trigger now to say that we shall not have abortion Arkansas except to save the life of the mother it's ME one forty nine and which became ACT one eighty was signed into law by governor Aissa Hutchinson it happened to pass the legislature by the way one oh one out of a hundred and thirty five seventy four point eight percent of the legislature already voted for this bill twenty nine of thirty five senators in twenty nineteen voted for the bill. Arkansas is also passed the human heartbeat protection act this shows the will of the Arkansas people in the will of our state and legislature to stand up for the lives of the unborn we passed that in twenty thirteen and it shows that the will of the people of this state is to save unborn children I would have to also mention that Arkansas was the very first day some people ask why would you pass this bill when it's not been passed anywhere else madam chair I will tell you that I've already been told that our bill was picked up an Oklahoman already passed to committee before we've even discussed it here and so there are states that have looked at this and said we want to run that bill and they're already running the bill. We've done so much here twenty fifteen twenty seventeen twenty nineteen I think over thirty pro life laws in the last ten years but here's something that needs to be said. For all of the great things we've done when I got here there was about fifty million babies that'd been aborted in our nation. In ten years that number is now sixty two may. And so for those babies it's time that we do something. So. Until Arkansas heartbeat law in twenty thirteen Americans it had been regulating abortion obviously and using the incremental approach I want to share with you now something specifically from Janet Porter which is the faith to action letter you have this in writing if you care to look at it in the future she wanted to speak directly to the objections that have been made by some and actually in our case only know of one it's been submitted in writing which is a gentleman that Spanish career counseling the national right to life but it is important to note if you look at the letter head of what's called the box letter that is not national right to life letterhead that's a personal opinion of someone not necessarily representing them in fact the paper stated Arkansas right to life does support the bill in that that did not injure their ability to supported all here's a direct quote from riding from the letter that you have. Right to life leaders like Jim Bob for the heart beat bills in Ohio and Tennessee testifying against the most protective bills to ever passed in those states speaking against a challenge to roll Mr Bob told the Wall Street journal the last thing we want to trigger is reaffirming roe V. Wade that would be a disaster of epic proportions members four million children this year what's happening right now is a disaster of epic proportions national right to life founder Dr Jack will be that many of you probably read about as you begin to form your own opinions about what you thought on this matter Dr Wilkie testified for the how heart beat bill in both the house and Senate hearings and stating the incremental approach did not get us far enough fast enough and he was right he said whether rose affirmed or not the results of the same unborn babies are killed for any reason virtually anytime until their birth we must not wait any longer to protect babies in our state. I read an article yesterday that New Mexico has legislation in their legislature right now which which track all prohibitions to abortion under New Mexico state law it's so that you could take the life of a baby right up until birth this is also been done in Virginia it's been done in New York SO at a time when some of the state you're literally expanding access to abortion in their states those of us in Arkansas and other pro life states should have the opportunity to protect children since the roe V. Wade decision I said nearly sixty two million babies have been killed the department of health reports that two thousand nine hundred sixty three abortions took place in Arkansas during nineteen including abortions performed on out of state residents. My last comments the state of Arkansas urgently pleads with this B. six with the United States Supreme Court to do the right thing as they did and one of the greatest cases Brown V. versus Ford education which overturned that fifty eight euro precedent in reverse canceled an overturned we want them to annul and do away with the roe V. Wade decision and to allow Arkansas to protect the lives of unborn children my last comments and I will defer for for some comments from Mr Parker. Americans United for life came here many of you were at that announcement in the clear that Arkansas was the most pro life state in the nation we are leaders in the protection of unborn children and I think today we should be United in taking a stand for life to stop a crime against humanity. I appreciate the opportunity to be here Mister Parker if you would madam chair allow him to make a couple of points on the law and then we should be closed yes you're recognized poker thank you very much thank you under all members of the committee it is a great honor for me to be here with you I am a former professor of law hi had the also the great honor of representing Norma McCorvey and Sandra K. no normal was roe of roe V. Wade Sandra was double billed the built in in their legal efforts to reverse their own cases both of them came to believe that their decisions were wrong and I believe when roe V. Wade is overturned and don't be built in the court will say by the way we're joining the two women whose cases were reversing today insist in doing the right thing so this is a chance for Arkansas to help lead America forward one of the things that's very powerful in that you knew about this is a legal argument is that abortion is a crime against humanity justice Cavenaugh for example is stated it's not just enough for five judges to think will be weighed was wrongly decided or for six he was asked that question by Senator Collins you may remember and he is actually the co author of a book on judicial precedent that justice goes Gorsuch co offered within that was published in two thousand and sixteen before either of them or on the Supreme Court and in that book it says one of the reasons for overturning the Supreme Court precedent is if it is been met with general protest dissatisfaction or severe criticism. Well if you were just objectively asking yourself has a role been met with general dissatisfaction protest and criticism since the date was founded yes and even in nineteen ninety two the courts that we're going to end the controversy in Planned Parenthood V. Casey and they have not and today we're even arguing that abortion is a crime against humanity which is when the government withdraws legal protection from a class of human beings that is the definition of a crime against humanity everyone would disagree today the supreme court's decision in Dred Scott. With with said African Americans were not entitle protections persons under the constitution was a crime against humanity same with segregation it was the Supreme Court in eighteen ninety six in Plessy versus Ferguson that adopted the separate but equal doctrine even though because the constitution said everyone is supposed to get equal rights not separate but equal so we know the court sometimes gets things wrong we have respect for the rule of law but you have the opportunity to make new arguments and what the law calls good faith argument for modification of existing law and in fact a good example in this area was the partial birth abortion bills in the year two thousand and a case called Stender V. Carhart the Supreme Court struck down many state laws banning partial birth abortion but Congress re authorizes the bill they put in some more fact finding since a different evidence and in two thousand and seven the Supreme Court in Gonzales V. Carhart upheld the federal ban on partial birth abortion and thus let the state's ban it also so. These Legislative findings are actually the road map for defending it in court that's why I'm prevent presenting to you today a letter from me of support and I stayed out start out saying that you all will be the first to present a case that says abortion is a crime against humanity and then the other thing that's very new the Supreme Court has never ruled on this issue whether or not the fact that you have a safe haven law. Changes the balance of the equity in judging what are law should be before if you said to a woman you can't have an abortion she would have to care for a child for eighteen years many people consider that a great burden some people consider it a blessing but what now can happen in your safe haven law is if this laws passed and goes into effect no woman would have to take care of a child that she doesn't want you have an effective network of pregnancy help centers adoption agencies social services available prenatal care and delivery expenses for the poor can be paid by Arkansas Medicaid but as an absolute legal right on top of all that compassion care you might call that there's just the absolute right in Arkansas to relinquish your baby to a fire station or hospital emergency room within thirty days of birth or on the date of birth if you want to leave the baby behind at the hospital and relinquish your rights and your responsibility so the Freedom of roe V. Wade can be pursued by any woman that wants to without killing the child and injuring herself because the other thing that I provide you in my testimony are drop boxes first of all two hundred and eight sworn testimonies of women from Arkansas hurt deeply by abortion killing a child is a difficult and painful thing to do all nine members of the Supreme Court have agreed to that in Gonzales V. Carhart day said the result only one word was different in the majority opinion by cannon says abortion is a difficult and painful moral decision the descent four justices said we agree with the court it's certainly right that abortion is a difficult and painful decision they left out the word mark moral but it's difficult and painful why because you're dealing with a human being. It's not the removal of the ward it's not just part of the baby's mother's body and actually that's one of the arguments that is new that new evidence shows this is a human being under the law of precedent when science advances the law advances nineteen eighties we started having DNA testing and the and the mother DNA in the womb of the child in the womb would show two different people same way was sonograms came out of the nineties long after roe was decided so we're going to be trapped in nineteen seventy science the only way the court can change is if cases are brought to them that given the evidence and asked them to change in light of changed circumstances so we also giving you a total of a another group of testimony from all over the country that bring the total up to four thousand six hundred and sixty testimonies of women hurt by abortion and it's in the drop box and here in my letter to you I'd like to ask that you all accepted in the record. And then I have a a power point presentation sort of on the law a little bit I just very briefly mentioned that quote from justice so to my or saying there's no matter is grave is the determination of whether human life should be taken or spared she did that on January fifteenth of this year and I quote from the Gonzales V. Carhart decision I've already said some of it but the court itself is moved from calling it a potential life or a fetus in roe V. Wade to calling it infant life in Gonzales V. Carhart so the court is beginning to recognize what wasn't available effect in seventy three the court set at this state the development immense knowledge we don't know when human life begins the court will not speculate so now we know that demands a change and then we also said and here's what the court said some women come to regret their choice to abort the infant life they once created and sustained first time the court has used that term infant life and severe depression and loss of the steam can follow and the court has recognized in Planned Parenthood V. Casey women can have devastating psychological consequences from abortions so you are helping both the mother and the child in this bill and that's very very important The other thing I'll tell you is this I put in the cover sheet from a book called the law of judicial precedent by justice is gorgeous Cavenaugh and some other judges former by Briar and the important things are just two parts of the book that really critical. A reason for overturning the Supreme Court section forty seventy of the book called the law judicial precedent the decision has been met with general dissatisfaction protest or severe criticism and similarly courts consider whether there have been a significant change in circumstances since the legal rule was promulgated so has society changed since nineteen seventy three giving your child a hot to a fire station would been criminal neglect or abandonment in nineteen seventy three but now we want to have compassion for the woman it's up what I call the love love solution and I'll just and there. We can say as a society don't kill your baby don't hurt yourself give us the child and then the last thing in the findings is and the new circumstance there are now one to two million people adult women waiting to adopt new born children so it's a loving solution to say not a burden on the state not foster care. Millions of children but you bring up the next family that's on the waiting list to adopt a child and then it's a loving solution for everyone there so I thank you all for considering this bill and hopefully I urge you to pass it thank you very much. A Mister Parker we appreciate you being here I think you have spoken very eloquently about so many of the things that we needed to hear. A F. have you will entertain questions all right didn't close after the date I think I have a motion and sent the. All right mature how to move that we limit discussion on this stuff five minutes for either side or either side for against okay all right of you've heard that motion Committee a we have a second all those in favor say aye. All those opposed all right and I would suggest to the different signs that you get together and maybe choose to that would come forward and think in two and a half minutes apiece are we can just take whomever you want and until that person gets through and if there's enough time the second person can do that five minutes on on either side so a but now we're going to ask questions committee do you have questions of the Representative and the Senator Rapert or even I believe Mr Parker. Any questions all right a senator hammer you're recognized thank you madam chair it was lame and we get caught between attorney sometimes and we have to get caught up to speak pretty quick we were just give this letter that Senator Rapert referred to can you point out or are you aware of this letter in are you at liberty to point out some things you may disagree with in that letter to give us some clarity of what the other the list. Yes about the letter that the discounted of the personal opinion or so you're actually talking about the bobsledder I am okay. I'll let you speak if you want to yes I read it and it one thing I do agree with it's clear court members of votes in abortion cases can't be safely protected absent a clear opinion in other words he is speculating about the risk I think that there is great risk to the other side that will be Wade will be overturned and so I think you have at least six members of the court with open minds very much if you want to judge to be open minded I think the evidence is very clear and just as the court changed its position on partial birth abortion when more evidence was presented to it I believe with all my heart that this would bring court will with all of these changes social and scientific factual conditions I believe with all my heart that they will reverse roe V. Wade. Thank members here all right any other questions from the committee. All right to see no other questions of we are going to ask for Of both against and for this bill will start with for the now. There's some people if you don't have someone selected I see a rose man's in the corner and I she is the Arkansas right to life. The person that we always go to and said list call on her and then if there's time left there may be a time for someone else a miss ma'am to a recognized thank you madam chair yes I'm Rosemary was executive director of Arkansas right to life the state affiliate of the national right to life committee Arkansas right to life firmly supports SB six the national right to life committee has not taken a position on this and that's really all I have to tell you thank you all right now we have against the someone want to come forward. No one wants to come forward I have a list of. I have to get some extra. It takes a minute take a minute okay what you got that written down much. All right. The. Alright ladies I don't know that you heard this but we have five minutes for and against the. Those men spoke for twenty one seconds so they'll have some more time but it who would like to go first all right and please state your name for the record. And we are turning. Hello my name is Karen music I'm with the apart Arkansas abortion support network and I want to first of all say how incredibly unfair this is. There are five of us that met here many of us did not know each other until today you've listened to so many people you. To say that you would not listen to everyone. Is so unfair. But I do want to say thank you chairman chair woman Bledsoe for letting me be here. The thirty some odd abortion bills that Senator Rapert speaks of. I have done nothing but make abortion more difficult in Arkansas. But people still have abortions Republicans Democrats. Home schoolers. Why because they need them. I met a seventeen year old at the street fair will representing an organization my organization is Arkansas abortion support network. He was distressed and he said so you are the people who helped mother's murder their babies. I ended up having about a thirty minute conversation with this young man from rural Arkansas he had just heard the president say that the week before. That babies are being killed until or after their board this is this is simply one through. He actually told me that he completely agreed with early term abortion it was just killing babies after they were born. Where did he get that idea perhaps from the words of maybe Senator Jason Rapert who I read this morning why can't we stop the slaughter of little babies. There is no slaughter of little babies taking place in Arkansas these are individuals who have a right to control their body. Human beings. Have that right we know what works to reduce abortion what works to reduce abortion is quality sex age appropriate sex education high quality birth control if you want to reduce abortion why not work with some of the organizations like ours that actually help women I think it's because you don't want to we see too many Christians that have put. That criteria on there there's nothing biblical about the life of the mother. It's all about an unborn child beating a human being at ten minutes thirty seconds. Well in my thirty second I'm. I have had miscarriages ectopic pregnancies devastating outcomes from pregnancies and quite honestly that's the life of women many of us have these kinds of life. Let us be in control of them please listen to women. All right thank you. All right to she spoke for two minutes and fifty seven seconds and we're going to the of the someone who is for this bill so who would like to come all right please introduce yourself for the record. My name is known Ellington thank you madam chair for it's an honor to be here today I'm in support of SB six the Allen born child protection act. I myself represent. Thousands and probably millions of women that have been hurt by abortion I was fifteen years old. I was a victim of daybreak and it's horrible is that date rape experience was. When I went to Planned Parenthood realizing that I was pregnant. They told me the best thing that you can do since it's just a blob of tissue is to go ahead and have an abortion center so young and still in high school. Well my mother and my sister took me to have an abortion because I wasn't given any other options at all as a result of that one abortion at age fifteen I was never able to have children ever instead. I had five miscarriages three of them were tubal pregnancies that required emergency surgery and very near death experiences. I also in two thousand fourteen went through breast cancer. As a result of that abortion studies have proven the link between abortion and breast cancer I had the genetic testing done proving that I'm not a carrier of the breast cancer gene. Thank you for considering this bill for all of the women of Arkansas. All right thank you so much. That was a minute and forty seconds all right now someone against. Please yes and please come and introduce yourself for the record in the time will start at. Two. The time was two minutes fifty seven seconds okay you're ready thank you. Good afternoon chairwoman Bledsoe and members of the committee my name is Caroline Morgan I am a native our cans and currently reside in Little Rock where I am represented by Senator Clarke Tucker. I'm not affiliated with any particular agency or group just a very concerned citizen who is standing up for the constitutional right to safe legal abortion. In preparation for this testimony I started thinking about the two hardest jobs that I've ever had. The first one being a mom it's the best and yet we all been at our very worst one birth parent. My husband David and I have two children and it's exhausting a lot harder than anybody really let someone. Our daughter Jessica was three years old before I was physically and emotionally prepare to even think about having a second kid. JD. Get through college and graduate school without drinking coffee my son alive and art but he's the reason I started drinking coffee and Jack Daniel's back to two thousand and four. my second most difficult job was being a medical social worker at Arkansas children's hospital probably about twenty years ago. Let that job to. However I still think about some of those abuse and neglect cases that I saw first hand. So I got. Tate's first page of the sun because that. No life for children neglect abuse mortality rate for use Arkansas put among the highest in nation. Arkansas has close to four thousand five hundred kids in the foster care system and it's just I'm sorry heartbreaking and sad I'm sorry on over five minutes wouldn't you don't get five minutes for yourself it's a total of five minutes so I apologize I did. I'm going to pass this on through but I'll be back with more all right and ladies and gentleman again the reason we were. Limiting debate was because we had trouble with the weather and all that and some of these people have to go north and we but we will not meet tomorrow in session this the weather is so bad and it's going to get worse all right we're going to continue with half of the testimony for and the someone would like to come next. Okay and Mr price said to be you have three minutes left and we will. On the far side yes. Good evening my name is Melanie Chisholm the Director of abundant life pregnancy resource center and walked in Arkansas. And I'm talking to you today just setting this down for a minute because I want to talk to you from my heart okay I had an abortion when I was sixteen years old and I can tell you that it devastated my life I was thirty eight years old when I received healing for that abortion and and and in between that time I raised a family that I messed up with my messed up of mentality and my depression and anxiety anger and anxiety and and a suicidal thoughts and all these things I have a son in prison today I have a daughter that's in the grave I can tell you that abortion hurts women hi personally have led many many women thorough Bible study for healing from abortion and I have never ever once heard one of them say I don't regret. Not one time. It devastates families it is a crime against humanity thank you all right thank you we have a one. All right we have a that two minutes left on the floor. Senate for for this this bill. Please state your name for the record hello my name is amber Hamby I'd like to share a few things with you I boarded my intent at twenty one and a half weeks eighteen years ago it was actually done on my birthday because they told me that I had to do it right away and I didn't have a choice there was no council there was no encouragement to keep My Baby in fact they encouraged just the opposite to abort the baby it was called a D. an easy that is dilation and evacuation where they dismember the baby and remove the baby it was a graphic it was horrible it was the worst experience I've ever encountered I went into shock they didn't help me I hemorrhaged and almost died I turned to a life of drugs abuse a downward spiral devastation it was horrible I lost my fifteen year marriage because of it my husband left because of it my other children almost disowned me because of it it was the worst choice I regret it I wish I could do it over again My Baby was diagnosed with the possibility of a birth defect called spina bifida those testing accurate I'm more than likely aborted a very healthy baby. it took me a very long time to even be able to share because the denial that I was in because of the shame you know I had to go through a very long healing process you know and I made it you know I did make it but the hardest part for me to accept was the fact that I killed My Baby. I I wouldn't want to put that on anybody I wouldn't suggest that to anybody it's horrible and I definitely stand against abortion thank you all right thank you so much. All right we have thirty seconds left on the people for the people who support this bill does anyone have thirty seconds. Testimony. All right seeing none of ladies and gentleman you have heard the presentation of the bill you have ask questions and we have heard of the people for and against now ladies and gentleman put is the pleasure of the Committee. head have a motion to pass I have a second all those in favor say aye. All those opposed all right thank you senator your bill has passed and we we appreciate it thank you so much all right Committee you are dismissed.