Date: 01/31/2013
Final
BILL SUMMARY for HB13-1033
HOUSE COMMITTEE ON HEALTH, INSURANCE & ENVIRONMENT
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01:43 PM -- House Bill 13-1033
Representative McCann announced that House Bill 13-1018 would be laid over at the request of the sponsor until Thursday, February 7.
Representative Humphrey presented House Bill 13-1033 concerning a prohibition on abortion. The bill makes knowingly terminating a pregnancy, by either procedural or pharmacological means, a class 3 felony. Specifically, the bill prohibits anyone from administering, prescribing, procuring, or selling a pregnant woman any medicine, drug, or other substance, or employing any instrument or procedure with the intent of terminating the pregnancy. Representative Humphrey discussed elements of human development. He discussed an amendment that will be offered regarding language in the bill concerning the sale of contraception. Representative Humphrey responded to questions from Representative Young about the fiscal note and the intent of the bill.
01:53 PM
Representative Humphrey responded to questions from Representative Primavera about potential Health Insurance Portability and Accountably Act (HIPAA) consequences of the bill, how the bill would be enforced, and how a class 3 felony was determined to be the punishment for performing an abortion. Representative Humphrey and Representative Ginal dialogued about the definition of zygotes, issues concerning fertilization, and the intent of the change to definition of pregnancy. Representative Humphrey continued to respond to questions from Representative Fields concerning how the bill addresses instances of rape or incest. Representative Stephens discussed the treatment of embryos in the infertility field and how cases of rape and incest are addressed in policy. Representative Humphrey responded to questions from Representative Schafer about the cost of the state to litigate the proposed bill, costs to the woman to continue an unintended pregnancy, and potential violations of the First Amendment of the U.S. Constitution.
02:16 PM
Representative Humphrey responded to a question from Representative Swalm about other states that have placed restrictions on abortions. Representative Humphrey and the committee dialogued about statistical data on abortions and live births; how the bill would address ectopic pregnancy; how the bill addresses instances of rape and incest; and why the physicians performing the procedures, rather than the women seeking the procedures, would be penalized. Representative Humphrey continued to respond to questions from the committee about potential conflicts with federal law as it relates to Medicaid, how the bill addresses self-induced abortions, whether there are other medical procedures that, if performed, could be considered as a crime, and potential conflicts with other statutes that address abortion.
02:31 PM
Michael Dohr, Office of Legislative Legal Services, came to the table to respond to questions about potential conflicts with other statutes that address abortion and define pregnancy.
02:33 PM
Representative Humphrey responded to questions from Representative McCann about why a class 3 felony was included in the bill, the impact on physicians with regard to their licenses, and exceptions for the morning-after pill and other forms of birth control. Representative Humphrey continued to respond to questions from the committee about the impact of the bill on other medical professionals, the concern of the well-being of the child after birth, and how the bill addresses contraceptives and the morning-after pill.
02:44 PM
The committee continued to dialogue with Representative Humphrey about the responsibility of the father in cases of unintended pregnancies, the impacts on foster care and children living in poverty if the bill were to be enacted, whether pharmacists should be included in the bill for issuing certain prescriptions, and the impact on children when they are the result of an unwanted pregnancy. Representative Humphrey discussed the stakeholders involved in the drafting of the bill.
02:57 PM -- Dr. Stuart Gottesfeld, Colorado Chapter of American Congress of Obstetricians and Gynecologists, testified against the bill. He expressed his concerns about having medical conditions defined in statute, the burden of proof that is included in the bill, and how the bill addresses contraception. Dr. Gottesfeld responded to questions about the potential HIPAA implications of the bill, the reaction in the medical community about the proposed bill, the potential impact of the bill on emergency contraception, and whether physicians would continue to perform abortions if the bill was enacted.
03:08 PM -- Lorena Garcia, Colorado Organization for Latina Opportunity and Reproductive Rights (COLOR), testified against the bill. She discussed the reasons why a woman may seek an abortion. Ms. Garcia responded to questions from the committee about the impact the bill might have on foster care or children in poverty, whether abortion should be allowed at any time during the pregnancy, and whether COLOR receives public funds.
03:14 PM -- Kevin Paul, Planned Parenthood of the Rocky Mountains, testified against the bill. He discussed the undue burden he believes the bill creates, potential constitutional scrutiny to which the bill may be subjected, and issues related to personhood. He stated the bill would redefine pregnancy. He discussed the potential impact of the bill on emergency contraception. Mr. Paul responded to questions from the committee about whether Planned Parenthood of the Rocky Mountains supports abortion at any stage of pregnancy and whether the bill would be legally challenged.
03:25 PM -- Laura Reinisch, NARAL Pro-Choice America, testified against the bill. She discussed that the bill does not provide an exception for pregnancies resulting from rape or incest. Ms. Reinisch responded to questions from the committee about the bill and whether NARAL supports abortion at any stage of pregnancy.
03:31 PM -- Jessie Clark, representing herself, testified in support of the bill. She described the activities she has participated in as a member of the organization Students for Life of America.
03:34 PM -- Lauren Martinez, representing herself, testified in support of the bill. She described her experience being a pregnant college student.
03:39 PM
Ms. Clark responded to questions about from Representative Ginal about the activities of the Students for Life of America organization. Ms. Martinez responded to questions from the committee about her plans for the future as a young mother. Ms. Martinez and Ms. Clark continued to respond to questions from the committee, including how cases of rape or incest that result in pregnancy should be addressed and the involvement of male students in the Students for Life of America organization.
03:53 PM -- Lynn Grandon, Archdiocese of Denver and Lighthouse Women's Center, testified in support of the bill. She described her experience counseling pregnant women and the potential effects of abortion on women.
03:56 PM -- Dr. Stephanie Schardt, representing herself, testified in support of the bill.
03:57 PM -- Father Bill Carmody, Colorado Catholic Conference, testified in support of the bill. He read an excerpt from a document entitled "A New American Compact." Father Carmody responded to questions from the committee, including questions about a pending lawsuit that involves a Catholic hospital and how cases of rape and incest should be addressed.
04:08 PM -- Angela Hommell, representing herself, testified in support of the bill. She described her experience being pregnant and being forced to have an abortion by her husband.
04:16 PM -- Dr. Cynthia Regardie, representing herself, testified in support of the bill. She described her experience as a clinical psychologist treating women who have had abortions. She described some of the mental health symptoms and difficulties presented by her clients who have had abortions. Dr. Regardie responded to questions from the committee about her clients.
04:27 PM -- Bob Enyart, Colorado Right to Life, testified in support of the bill. He discussed the history of abortion laws and infanticide. Mr. Enyart dialogued with Representative Ginal about the abortion statistics that he shared with the committee.
04:36 PM -- Scott Horak, Christian Outdoorsmen, testified in support of the bill. He discussed his beliefs about abortions being crimes against humanity.
04:44 PM -- Matthew Niedzielski, Pikes Peak Citizens for Life, testified in support of the bill. He discussed slavery, the Holocaust, and his beliefs about the injustices of abortion.
04:49 PM -- Nancy Anstett, representing herself, testified in support of the bill. She described her experience of having an abortion. She discussed life beginning at conception, emergency contraception, and the responsibility of men.
04:59 PM -- Leslie Hanks, American Right to Life, testified in support of the bill.
05:01 PM -- Cecilia O'Connor, representing herself, testified on the bill. She referenced the committee's discussion about the lack of the father in a family, the protection of religious rights, and how abortions hurt women.
05:05 PM
Representative McCann laid the bill over for amendments and final action until Tuesday, February 5. Representative McCann adjourned the committee.