05/03/2006 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB442 | |
| HB190 | |
| HB322 | |
| HB422 | |
| HB190 | |
| SJR17 | |
| HJR9 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 442 | TELECONFERENCED | |
| += | HB 190 | TELECONFERENCED | |
| + | HB 322 | TELECONFERENCED | |
| += | HJR 9 | TELECONFERENCED | |
| + | SJR 17 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
May 3, 2006
8:38 a.m.
MEMBERS PRESENT
Senator Ralph Seekins, Chair
Senator Charlie Huggins, Vice Chair
Senator Gene Therriault
Senator Hollis French
Senator Gretchen Guess
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 442(JUD) am
"An Act relating to the validity of advance health care
directives, individual health care instructions, and do not
resuscitate orders; relating to the revocation of advance health
care directives; relating to do not resuscitate orders; relating
to resuscitative measures; relating to the liability and
discipline of health care providers, institutions, and
facilities; relating to proceedings for judicial relief;
relating to an individual's capacity for making health care
decisions; and providing for an effective date."
MOVED CSHB 442(JUD) am OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 190(FIN)
"An Act relating to the purchase of alcoholic beverages and to
access to licensed premises; relating to civil liability for
certain persons accessing licensed premises; requiring driver's
licenses and identification cards to be marked if a person is
restricted from consuming alcoholic beverages as a result of a
conviction or condition of probation or parole and relating to
fees for the marked license; and requiring the surrender and
cancellation of driver's licenses under certain circumstances."
MOVED SCS CSHB 190(JUD) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 322(JUD) am
"An Act relating to infants who are safely surrendered by a
parent shortly after birth."
MOVED CSHB 322(JUD) am OUT OF COMMITTEE
HOUSE JOINT RESOLUTION NO. 9 am
Urging the United States Congress to honor the process and
judgment of the federal courts in the case of the Exxon Valdez
disaster and to refrain from enacting legislation that would
affect the outcome of the courts' resolution of the case.
HEARD AND HELD
SENATE JOINT RESOLUTION NO. 17
Urging the United States Department of Justice and the Alaska
Department of Law to identify all natural resource damages from
the Exxon Valdez oil spill that were unanticipated at the time
of the 1991 settlement, to develop plans to remedy the damages,
and to present the ExxonMobil Corporation with a request for the
full $100,000,000 that is available through the "Reopener for
Unknown Injury" clause of the 1991 civil settlement to carry out
these plans.
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 442
SHORT TITLE: HEALTH CARE DECISIONS
SPONSOR(s): REPRESENTATIVE(s) WEYHRAUCH
02/10/06 (H) READ THE FIRST TIME - REFERRALS
02/10/06 (H) HES, JUD
02/21/06 (H) HES AT 3:00 PM CAPITOL 106
02/21/06 (H) Scheduled But Not Heard
02/23/06 (H) HES AT 3:00 PM CAPITOL 106
02/23/06 (H) Heard & Held
02/23/06 (H) MINUTE(HES)
02/28/06 (H) HES AT 3:00 PM CAPITOL 106
02/28/06 (H) Moved CSHB 442(HES) Out of Committee
02/28/06 (H) MINUTE(HES)
03/03/06 (H) HES RPT CS(HES) NT 4DP 1NR
03/03/06 (H) DP: SEATON, GARDNER, KOHRING, WILSON;
03/03/06 (H) NR: CISSNA
03/24/06 (H) JUD AT 1:00 PM CAPITOL 120
03/24/06 (H) Scheduled But Not Heard
03/27/06 (H) JUD AT 1:00 PM CAPITOL 120
03/27/06 (H) Moved CSHB 442(JUD) Out of Committee
03/27/06 (H) MINUTE(JUD)
03/29/06 (H) JUD RPT CS(JUD) NT 5DP
03/29/06 (H) DP: GARA, COGHILL, GRUENBERG, KOTT,
MCGUIRE
04/10/06 (H) TRANSMITTED TO (S)
04/10/06 (H) VERSION: CSHB 442(JUD) AM
04/12/06 (S) READ THE FIRST TIME - REFERRALS
04/12/06 (S) HES, JUD
04/21/06 (S) HES AT 1:30 PM BUTROVICH 205
04/21/06 (S) -- Meeting Canceled --
04/24/06 (S) HES AT 1:30 PM BUTROVICH 205
04/24/06 (S) POSTSECONDARY TUITION FOR FOSTER
CHILDREN
04/25/06 (S) JUD AT 8:30 AM BUTROVICH 205
04/25/06 (S) Scheduled But Not Heard
04/28/06 (S) HES AT 1:30 PM BUTROVICH 205
04/28/06 (S) Moved CSHB 442(JUD) am Out of Committee
04/28/06 (S) MINUTE(HES)
04/29/06 (S) HES RPT 5DP
04/29/06 (S) DP: DYSON, ELTON, WILKEN, GREEN, OLSON
05/02/06 (S) JUD AT 8:30 AM BUTROVICH 205
05/02/06 (S) Heard & Held
05/02/06 (S) MINUTE(JUD)
05/03/06 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: HB 190
SHORT TITLE: REQUIRED ID FOR PURCHASING ALCOHOL
SPONSOR(s): REPRESENTATIVE(s) FOSTER
03/01/05 (H) READ THE FIRST TIME - REFERRALS
03/01/05 (H) L&C, JUD
03/22/05 (H) L&C AT 1:00 PM CAPITOL 17
03/22/05 (H) Heard & Held
03/22/05 (H) MINUTE(L&C)
04/20/05 (H) L&C AT 3:15 PM CAPITOL 17
04/20/05 (H) Moved CSHB 190(L&C) Out of Committee
04/20/05 (H) MINUTE(L&C)
04/22/05 (H) L&C RPT CS(L&C) NT 3DP 2NR
04/22/05 (H) DP: CRAWFORD, LYNN, KOTT;
04/22/05 (H) NR: LEDOUX, GUTTENBERG
04/22/05 (H) FIN REFERRAL ADDED AFTER JUD
02/10/06 (H) JUD AT 1:00 PM CAPITOL 120
02/10/06 (H) Moved CSHB 190(JUD) Out of Committee
02/10/06 (H) MINUTE(JUD)
02/13/06 (H) JUD RPT CS(JUD) NT 1DP 4NR
02/13/06 (H) DP: WILSON;
02/13/06 (H) NR: GARA, KOTT, GRUENBERG, MCGUIRE
03/14/06 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/14/06 (H) Heard & Held
03/14/06 (H) MINUTE(FIN)
03/24/06 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/24/06 (H) Moved CSHB 190(FIN) Out of Committee
03/24/06 (H) MINUTE(FIN)
03/27/06 (H) FIN RPT CS(FIN) NT 3DP 5NR
03/27/06 (H) DP: WEYHRAUCH, KERTTULA, FOSTER;
03/27/06 (H) NR: HAWKER, KELLY, MOSES, STOLTZE,
MEYER
04/24/06 (H) TRANSMITTED TO (S)
04/24/06 (H) VERSION: CSHB 190(FIN)
04/25/06 (S) READ THE FIRST TIME - REFERRALS
04/25/06 (S) JUD, FIN
04/27/06 (S) JUD AT 8:30 AM BUTROVICH 205
04/27/06 (S) Scheduled But Not Heard
04/28/06 (S) JUD AT 9:30 AM BUTROVICH 205
04/28/06 (S) Scheduled But Not Heard
05/02/06 (S) JUD AT 8:30 AM BUTROVICH 205
05/02/06 (S) Heard & Held
05/02/06 (S) MINUTE(JUD)
05/03/06 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: HB 322
SHORT TITLE: SAFE SURRENDER OF BABIES
SPONSOR(s): REPRESENTATIVE(s) LEDOUX, GRUENBERG
01/09/06 (H) PREFILE RELEASED 12/30/05
01/09/06 (H) READ THE FIRST TIME - REFERRALS
01/09/06 (H) HES, JUD
04/25/06 (H) HES AT 3:00 PM CAPITOL 106
04/25/06 (H) Moved CSHB 322(HES) Out of Committee
04/25/06 (H) MINUTE(HES)
04/26/06 (H) HES RPT CS(HES) 4DP 1NR
04/26/06 (H) DP: GARDNER, GATTO, SEATON, WILSON;
04/26/06 (H) NR: CISSNA
04/26/06 (H) JUD AT 1:00 PM CAPITOL 120
04/26/06 (H) Moved CSHB 322(JUD) Out of Committee
04/26/06 (H) MINUTE(JUD)
04/27/06 (H) JUD RPT CS(JUD) 5DP
04/27/06 (H) DP: GARA, KOTT, ANDERSON, GRUENBERG,
MCGUIRE
04/28/06 (H) TRANSMITTED TO (S)
04/28/06 (H) VERSION: CSHB 322(JUD) AM
05/01/06 (S) READ THE FIRST TIME - REFERRALS
05/01/06 (S) JUD
05/03/06 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: HJR 9
SHORT TITLE: URGE CONGRESS HONOR EXXON VALDEZ JUDGMENT
SPONSOR(s): REPRESENTATIVE(s) LEDOUX
02/14/05 (H) READ THE FIRST TIME - REFERRALS
02/14/05 (H) RES, JUD
03/30/05 (H) RES AT 1:00 PM SENATE FINANCE 532
03/30/05 (H) Moved Out of Committee
03/30/05 (H) MINUTE(RES)
04/01/05 (H) RES RPT 6DP
04/01/05 (H) DP: OLSON, ELKINS, LEDOUX, CRAWFORD,
RAMRAS, SAMUELS
04/11/05 (H) JUD AT 1:00 PM CAPITOL 120
04/11/05 (H) Moved Out of Committee
04/11/05 (H) MINUTE(JUD)
04/12/05 (H) JUD RPT 4DP 3NR
04/12/05 (H) DP: GRUENBERG, ANDERSON, COGHILL, GARA;
04/12/05 (H) NR: KOTT, DAHLSTROM, MCGUIRE
04/19/05 (H) TRANSMITTED TO (S)
04/19/05 (H) VERSION: HJR 9 AM
04/20/05 (S) READ THE FIRST TIME - REFERRALS
04/20/05 (S) RES, JUD
04/25/05 (S) RES AT 3:30 PM BUTROVICH 205
04/25/05 (S) Moved HJR 9 am Out of Committee
04/25/05 (S) MINUTE(RES)
04/26/05 (S) RES RPT 3DP 1NR
04/26/05 (S) DP: WAGONER, ELTON, STEDMAN
04/26/05 (S) NR: DYSON
01/25/06 (S) JUD AT 8:30 AM BUTROVICH 205
01/25/06 (S) <Bill Hearing Canceled by Sponsor>
05/03/06 (S) JUD AT 8:30 AM BUTROVICH 205
BILL: SJR 17
SHORT TITLE: COLLECT MORE EXXON VALDEZ SPILL DAMAGES
SPONSOR(s): SENATOR(s) FRENCH
02/01/06 (S) READ THE FIRST TIME - REFERRALS
02/01/06 (S) RES, JUD
04/19/06 (S) RES AT 3:30 PM BUTROVICH 205
04/19/06 (S) Scheduled But Not Heard
04/24/06 (S) RES AT 3:30 PM BUTROVICH 205
04/24/06 (S) -- Meeting Canceled --
04/26/06 (S) RES AT 3:30 PM BUTROVICH 205
04/26/06 (S) Moved CSSJR 17(RES) Out of Committee
04/26/06 (S) MINUTE(RES)
04/27/06 (S) RES RPT CS 5DP 2NR SAME TITLE
04/27/06 (S) DP: WAGONER, KOOKESH, ELTON, STEDMAN,
STEVENS B
04/27/06 (S) NR: DYSON, SEEKINS
05/03/06 (S) JUD AT 8:30 AM BUTROVICH 205
WITNESS REGISTER
Representative Bruce Weyhrauch
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HB 442
Jacqueline Tupou, Legislative Aide
Staff to Representative Bruce Weyhrauch
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Answered questions regarding HB 442
John Dawson, Attorney
Davis Wright Tremaine LLC
No address provided
POSITION STATEMENT: Testified in support of HB 442
Mike Schneider, Attorney
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 442
Paul LaBolle, Legislative Aide
Staff to Representative Richard Foster
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 190
Representative Harry Crawford
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Answered questions regarding HB 190
Dean Guaneli, Chief Assistant Attorney General
Criminal Division
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Answered questions regarding HB 190
Representative Gabrielle LeDoux
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HB 322
Christine Marasigan, Legislative Aide
Staff to Representative LeDoux
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Answered questions regarding HB 322
Tammy Sandoval, Deputy Commissioner
Office of Children's Services
Department of Health & Social Services
PO Box 110601
Juneau, AK 99801-0601
POSITION STATEMENT: Answered questions regarding HB 322
Jan Rutherdale, Assistant Attorney General
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Answered questions regarding HB 322
Senator Hollis French
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of SJR 17
Tim Joyce, Mayor of Cordova
Cordova, Alaska
POSITION STATEMENT: Testified in support of SJR 17
Robert Maxwell, Commercial Fisherman
Cordova, Alaska
POSITION STATEMENT: Testified in support of SJR 17
Jeff Short, Research Scientist
Auke Bay Fisheries Laboratory
Juneau, Alaska
POSITION STATEMENT: Testified in support of SJR 17
Ken Adams, Research Scientist
Cordova, Alaska
POSITION STATEMENT: Testified in support of SJR 17
Suzanne Hancock, Legislative Aide
Staff to Representative LeDoux
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HJR 9
ACTION NARRATIVE
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 8:38:32 AM. Present were Senators
Hollis French, Charlie Huggins, Gretchen Guess, and Chair Ralph
Seekins.
HB 442-HEALTH CARE DECISIONS
8:39:06 AM
CHAIR RALPH SEEKINS announced CSHB 442(JUD) to be up for
consideration.
REPRESENTATIVE BRUCE WEYHRAUCH offered to answer questions for
the committee.
CHAIR SEEKINS informed him that previous testimony from an
attorney representing the Alaska Trial Lawyers Association
suggested that the committee add the word "negligence" on page
5, line 16 just before the words "gross negligence." He asked
Representative Weyhrauch to comment.
REPRESENTATIVE WEYHRAUCH responded that the bill already
replaces the words "reasonable" with "good faith." Part of the
reason for that is because the family is usually in a highly
emotional state when the physician is giving them options for
the patient, while recognizing that the patient is terminally
ill. The patient has already communicated their desire to their
"agent" that there be no extraordinary measures taken to keep
them alive. Often family members insist that every conceivable
measure be taken and so the physician and the agent need to have
that good faith reliance that the advanced healthcare directive
has been specific and legally executed.
The intent of the bill is not to relieve anyone from liability,
it is to ensure that the healthcare provider operate in a good
faith manner when making decisions.
8:43:48 AM
SENATOR GRETCHEN GUESS recognized that there is not a working
definition of "good faith" in statute and yet there is a working
definition of "reasonable."
REPRESENTATIVE WEYHRAUCH responded that the working definition
of "reasonable" is the same as "good faith." He said that
"reasonable" isn't always a defined term and can't always be
specifically defined because a case will always have factual
nuances.
SENATOR GUESS asked whether it was his opinion that there is
enough case law to establish a standard for "good faith."
REPRESENTATIVE WEYHRAUCH said yes.
JACQUELINE TUPOU added that she reviewed three different cases
where "good faith" had been a standard; it was up to the defense
to prove that there was no ulterior motive.
8:46:53 AM
SENATOR HOLLIS FRENCH said from a patient's point of view, they
generally would want a healthcare provider to correct any error
that they caused through negligence and not just use the DNR as
an "out."
REPRESENTATIVE WEYHRAUCH asserted the bill would not let any
physician off the hook for negligently causing a terminally ill
patient to die before their time.
MS. TUPOU added that anesthesiology is not an exact science and
too much can often cause a person to "flat-line." She said that
would be a qualifying reason for the physician to bring the
patient back to life.
8:51:27 AM
SENATOR FRENCH asked whether this was an emerging issue in the
area of healthcare directives.
REPRESENTATIVE WEYHRAUCH said HB 442 was due to an omission in
the original bill and healthcare providers recognized the
omission late in the process. He said he did not want to
introduce HB 442 until he knew that enough research had been
done and that it was necessary.
SENATOR GUESS said she did not understand the reason the sponsor
was hesitant to add "negligence" to the exemptions on page 5,
line 16.
REPRESENTATIVE WEYHRAUCH explained his resistance was to ensure
that the agent and the healthcare provider act in good faith and
that they have the comfort level to implement the terms of the
advanced healthcare directive.
8:55:35 AM
SENATOR GUESS noted that Section 9 doesn't have "good faith" in
it anywhere. It says that the immunity doesn't apply under gross
negligence or recklessness or intentional actions. The
discussion is whether to add negligence and, she said, she still
didn't understand the reluctance.
SENATOR FRENCH referred to Section 15 and asked the reason for
the retroactivity to 2005.
MS. TUPOU said that was added in House Health, Education, and
Social Services Committee (HESS). They decided that the
liability pertaining to the "Healthcare Act," should begin with
inception of the Act.
8:57:44 AM
JOHN DAWSON, Partner in the law firm Davis Wright Tremaine LLC,
representing Providence Anchorage Anesthesia Medical Group,
testified. He said the essence of Section 9 is that "it is
fundamentally unfair to tie a doctor's hands with a DNR order
and then to sue him when his hands have been tied." In the case
of mere negligence, there is a patent unfairness in preventing
the doctor from giving CPR yet putting him liable for suit. He
noted the retroactivity was added in the House Judiciary
Committee.
SENATOR FRENCH asked for clarification on which House committee
made the amendment.
MS. TUPOU stood corrected. She said initially it was offered in
HESS by Representative Paul Seaton but didn't pass.
Representative Max Gruenberg then offered it in the House
Judiciary Committee and it was accepted.
9:01:17 AM
Senator Gene Therriault joined the meeting.
MIKE SCHNEIDER, Attorney, testified that the emotional context
of the decisions is a reality. The bill is an institutional
disregard of jury trial and the reasonability of juries to
decide when people act reasonably, he accused. "That is a path
that shouldn't be trodden." It takes rights away from citizens
and gives healthcare providers more protection than the rest of
the population. He said he was pleased to hear from the sponsor
that the intent of the bill is not to excuse the physician from
any negligent acts leading up to the need for resuscitative
care.
9:04:35 AM
CHAIR SEEKINS closed public testimony and held the bill in
committee.
HB 190-REQUIRED ID FOR PURCHASING ALCOHOL
9:06:22 AM
CHAIR RALPH SEEKINS announced CSHB 190(FIN) to be up for
consideration.
PAUL LABOLLE, Staff to Representative Richard Foster, and
REPRESENTATIVE HARRY CRAWFORD introduced themselves for the
record.
MR. LABOLLE offered a proposed amendment for the bill to capture
municipality ordinances.
CHAIR SEEKINS noted that the proposed changes would apply to
version R.
9:08:38 AM
SENATOR HOLLIS FRENCH asked Mr. LaBolle whether the bill sponsor
considered broader language that would capture out of state
convictions.
MR. LABOLLE responded they did consider that but the drafter
advised that it would open up a "legal rats nest."
SENATOR FRENCH moved Amendment 1.
24-LS0617\R.1
Luckhaupt
A M E N D M E N T 1
OFFERED IN THE SENATE
TO: CSHB 190(FIN)
Page 2, line 9:
Delete "or 28.35.032"
Insert ", 28.35.032, or a similar municipal ordinance"
Page 2, line 10:
Delete "or 28.35.032"
Insert ", 28.35.032, or a similar municipal ordinance"
Page 4, lines 5 - 6:
Delete "or 28.35.032"
Insert "28.35.032, or a similar municipal ordinance"
Page 4, line 7, following "sections":
Insert "or a similar municipal ordinance"
Hearing no objections, Amendment 1 was adopted.
SENATOR GENE THERRIAULT asked the type of restrictions that
would be placed on people.
REPRESENTATIVE CRAWFORD responded the intent is not to limit a
person from eating at a particular restaurant but the bill would
attempt to prevent that person from buying alcohol there. Often
times with aggravators the judge orders a person not to enter
premises where alcohol is served and also not to consume alcohol
but the intent of the bill is not to restrict anyone from having
a meal at a restaurant.
SENATOR THERRIAULT noted that he had a bill that gives a judge
the power to order someone not to drink for a period of, say,
ten years. He asked Representative Crawford whether he would
consider adding something like that to HB 190.
REPRESENTATIVE CRAWFORD said he would consider it.
9:13:28 AM
DEAN GUANELI, Chief Assistant Attorney General, Department of
Law (DOL) said he wanted to clarify the issue involving the
scope of the convictions that would subject a person to the
designation on their license. He agreed with Amendment 1 but
expressed a preference to also capture out of state convictions
to the extent that the DOL find out about them. From a legal
standpoint, he said, it is important to make sure that people
with other state restrictions who move to Alaska be treated the
same as Alaskans with restrictions.
9:16:18 AM
MR. GUANELI suggested the law could be challenged since the
Alaska Supreme Court has given a higher level of protection
under the right to privacy in the Alaska State Constitution. He
suggested that the committee modify the language in the bill to
include a similar law in another jurisdiction.
CHAIR SEEKINS announced a brief recess at 9:18:20 AM.
9:29:00 AM
SENATOR FRENCH moved to rescind Amendment 1. Hearing no
objections, the motion carried.
SENATOR FRENCH moved Amendment 2. Use the language in Amendment
1 but on lines 3, 7, 11 and 14; strike "municipal ordinance" and
insert "law or ordinance from another jurisdiction." Hearing no
objections, Amendment 2 was adopted.
CHAIR SEEKINS held HB 190 in committee.
HB 322-SAFE SURRENDER OF BABIES
9:31:12 AM
CHAIR RALPH SEEKINS announced CSHB 322(JUD) AM to be up for
consideration.
REPRESENTATIVE GABRIELLE LADOUX introduced her aide, Christine
Marasigan.
CHRISTINE MARASIGAN, Staff to Representative LeDoux, introduced
the bill, which she referred to as the "Safe Surrender of
Infants Act." To date there are 47 states with similar
legislation. It is a bill that would allow parents to safely
surrender an infant up to 21 days after birth without fear of
being criminally prosecuted. The intent of the bill is to
encourage people to not abandon infants in a way that could lead
to injury or death. There are letters of support in the bill
packet from Planned Parenthood and the Alaska Women's Lobby.
SENATOR HOLLIS FRENCH asked whether the bill has seen any
opposition.
MS. MARASIGAN stated no.
CHAIR SEEKINS asked the current process for when someone
abandons a baby.
MS. MARASIGAN deferred the question to Tammy Sandoval.
9:34:13 AM
TAMMY SANDOVAL, Deputy Commissioner, Office of Children's
Services (OCS), Department of Health and Social Services (DHSS),
introduced herself and JAN RUTHERDALE, Assistant Attorney
General, Department of Law (DOL).
CHAIR SEEKINS reiterated his question regarding the legal
process when a parent abandons a baby.
MS. RUTHERDALE explained the process for when a mother abandons
her child under HB 190; the official that she abandons the child
to would immediately contact OCS and DHSS. OCS would contact the
DOL and together they would file for a petition for child in
need of aide (CINA). It would be treated as any CINA petition
and the grounds would be abandonment. If the mother refuses to
name the father it makes things harder but that is also common.
As far as issuing a birth certificate, there would be one
issued.
CHAIR SEEKINS asked the process if it were the father that
brings the child in.
MS. RUTHERDALE said there would be no difference. The process
would be the same. She did note that a paternity test is simple
to do and orders are easy to obtain.
MS. SANDOVAL added that the issue is to address young mothers
who become overwhelmed by the prospect of parenthood. It is a
passionate response, she said, and the Department wants to
encourage the parent to surrender the baby without fear of
prosecution. There are contingencies that state the parent
cannot have abused or neglected the child. She said she believes
the bill would address the rare circumstance of abandonment.
9:38:16 AM
SENATOR GRETCHEN GUESS noted the purpose of the bill was to stem
the cases of children being abandoned in unsafe areas or
conditions.
MS. RUTHERDALE agreed.
9:40:16 AM
CHAIR SEEKINS closed public testimony.
SENATOR GUESS moved CSHB 322(JUD) AM from committee with
individual recommendations and attached fiscal notes. Hearing no
objections, the motion carried.
HB 442-HEALTH CARE DECISIONS
9:50:15 AM
CHAIR RALPH SEEKINS announced CSHB 442(JUD) to be up for
consideration.
SENATOR HOLLIS FRENCH moved Amendment 1. Page 5, line 16, after
the word "by" insert the word "negligence."
JACQUELINE TUPOU, Staff to Representative Bruce Weyhrauch,
disagreed. She said it is necessary to give doctors more
protection from liability so that they can continue to treat DNR
patients and so that people are afforded the right to choose a
DNR directive. Negligence is the lowest standard to be able to
prove, she stated. Representative Weyhrauch has worked hundreds
of hours on this legislation, she asserted, to make sure there
is a balance so that there will be doctors who honor healthcare
directives and also remain willing to operate or treat someone
with a DNR.
9:54:09 AM
CHAIR SEEKINS clarified Senator French's proposed Amendment 1.
SENATOR GUESS said she appreciated the passion but the committee
is here to do the right thing. Negligence is a standard and has
weight and proof in a court of law. She did not understand the
reason for the objection to having all the current standards of
law in the bill. She said if a family is so upset with a
person's DNR directive, they might sue regardless. The real
question is whether or not to hold someone accountable for his
or her actions, she stated. She expressed support for Amendment
1.
CHAIR SEEKINS said the bill wouldn't be letting anyone off the
hook in terms of a negligent act.
SENATOR CHARLIE HUGGINS suggested the term "negligence" creates
a playground for lawyers.
SENATOR FRENCH stated the committee has been asked to make a
false choice between allowing carelessness and offering
immunity. Doctors should be held to a standard of care
consistent to how the statute reads. Without the amendment, the
bill leaves out protection for the patients and families.
Roll call proved Amendment 1 failed on a 3-2 vote with Senators
Huggins, Therriault and Seekins voting Nay, and Senators French
and Guess voting Yea.
SENATOR HUGGINS moved CSHB 442(JUD) am from committee with
individual recommendations and attached fiscal notes. Hearing no
objections, the motion carried.
HB 190-REQUIRED ID FOR PURCHASING ALCOHOL
10:01:34 AM
CHAIR RALPH SEEKINS announced SCS CSHB 190(JUD) to be up for
consideration. He said he preferred that the bill be amended to
put a penalty on someone who sets a trap for profit.
SENATOR HOLLIS FRENCH moved SCS CSHB 190 (JUD) from committee
with individual recommendations and attached fiscal notes.
Hearing no objections, the motion carried.
SJR 17-COLLECT MORE EXXON VALDEZ SPILL DAMAGES
10:05:53 AM
CHAIR RALPH SEEKINS announced SJR 17 to be up for consideration.
SENATOR HOLLIS FRENCH introduced the resolution. He explained
that it simply asked the state and the federal government to
pursue the "Reopener for Unknown Injury" clause in the 1991
civil settlement with the Exxon Corporation over the 1989 Exxon
Valdez oil spill in Prince William Sound.
Since the spill and settlement, scientists have determined a
number of unanticipated injuries to the spill zone, such as the
1993 crash of the herring population. Also, crude oil has yet to
biodegrade on many of the beaches in the Sound. These issues,
among others, show the necessity of pursuing the "reopener
clause" and the $100 million dollars that would help remedy the
harm.
10:09:17 AM
TIM JOYCE, Mayor of Cordova, testified in support of the
legislation. He detailed the negative economic impacts since the
1989 Exxon Valdez oil spill surrounding Prince William Sound. He
described the downfall of the herring fishery and said there was
strong evidence that the collapse started in 1989 with the oil
spill. The surrounding economy has suffered for over ten years
and continues to suffer, he stated.
There are three criteria the government must establish to reopen
the claim; that a population, habitat, or species has suffered a
substantial loss or decline, the loss or decline must be
attributed to the oil spill, and the loss or decline could not
have been known or reasonably anticipated when the settlement
was signed in 1991. He said he could list at least two instances
that meet the criteria including the unanticipated lingering
effects of the herring population.
10:13:39 AM
MR. JOYCE asserted that the oil is lingering under the surface
on the beaches and would remain a toxic environment far longer
than the experts thought it would.
ROBERT MAXWELL, Commercial Fisherman, testified that the loss of
the herring fishery has negatively impacted his family and the
community of Cordova profoundly. He recalled years past with
great herring fisheries and the accompanying positive economic
impacts. He testified in support of SJR 17.
10:16:49 AM
JEFF SHORT, Research Scientist, Auke Bay Fisheries Laboratory,
offered to answer questions regarding research done on the Exxon
Valdez oil spill and the effects of the lingering oil.
SENATOR FRENCH asked Mr. Short to give the committee an overview
of the research they have done and of the effects of the
lingering oil.
MR. SHORT complied. He said the study was sponsored by the Exxon
Valdez Trustee Council and was executed in the summer of 2001.
It was a random sampling design aimed at providing an estimate
of the amount of oil left. They sampled over 90 beaches and dug
over 7000 pits. They estimate between 100-200 tons of oil
remains on the subsurface of the beach, meaning it is mainly
non-visible. Oil that remains visible on the beach is hard and
resembles pavement. The beaches are still extremely toxic and
will remain so indeterminately.
10:20:07 AM
MR. SHORT continued the area of damage corresponds to
approximately six miles of shoreline. Studies conducted indicate
the oil dissipation through natural processes is extremely slow
and is expected to remain for several decades.
CHAIR SEEKINS asked Mr. Short whether there is a scientific
connection between the oil spill and the decline of the herring
fishery.
MR. SHORT said that is a difficult question because the science
is not clear. There is a reason to believe there may be a
relationship but reason to believe otherwise, he said.
10:23:25 AM
CHAIR SEEKINS asked Mr. Short whether there have been other
fisheries negatively impacted by something not connected to an
oil spill.
MR. SHORT said yes. There was a major herring stock in Russia
that vanished in the 1950s for unknown reasons.
CHAIR SEEKINS asked whether there was a similar impact in any
Alaska fishery.
MR. SHORT said not on the scale of the Prince William Sound
incident. He conceded he was not an expert in that arena, but as
an environmental chemist he was specifically following the
herring fishery closely.
KEN ADAMS, Cordova, testified in support of the resolution. He
said he is one of the stakeholders trying to achieve the
application of science for the improvement of fisheries. He
spoke about the Herring Summit that was held by the ExxonMobil
Corporation in Anchorage in April of 2006. A dozen expert
scientists and other stakeholders attended and testified. The
group presented a plan to aid the restoration of herring, as
they believe that through direct intervention something can be
done. The current population estimate is at 17,000 tons. Prior
to the oil spill the population estimate was 120,000 tons.
"Nature is not aiding the recovery of herring," he said.
10:27:31 AM
MR. ADAMS said the group proposed to utilize the expertise of
fishermen and scientists toward a major resource plan that he
referred to as the "sound ecosystem assessment." The
intervention program would involve moving herring eggs and
larvae into locations that would make it more suitable for
survival. He explained the technique to be used to track the
movement of herring called "otolith marking" through
spectrophotometry.
MR. ADAMS compared Prince William Sound with Sitka Sound and
said that for years the two herring fisheries were identical.
However, after the oil spill, the two could no longer be
compared. Sitka Sound continues to be a normal productive
fishery and Prince William Sound is not.
10:32:38 AM
CHAIR SEEKINS held the resolution in committee.
HJR 9-URGE CONGRESS HONOR EXXON VALDEZ JUDGMENT
10:33:18 AM
CHAIR RALPH SEEKINS announced HJR 9 to be up for consideration.
SUZANNE HANCOCK, Staff to Representative Gabrielle LeDoux,
introduced the resolution. More than 11 years after the original
jury verdict, the plaintiffs are still waiting for resolution of
the lawsuit. The resolution would urge the United States
Congress to respect the judicial process and refrain from
enacting any legislation that would reduce or delay payment of
the punitive damages awarded to more than 32,000 plaintiffs as a
result of the oil spill. ExxonMobil has sought to substantially
reduce the punitive damages they are due to pay for the Exxon
Valdez oil spill. HJR 9 urges Congress to let the courts
determine the matter.
10:34:58 AM
MS. HANCOCK directed committee members to a lengthy timeline of
litigation in their bill packets. The litigation has been in the
district courts, the Ninth Circuit Courts, and the United States
Supreme Court. If Congress were to get involved, it would take
the issue out of courts and the resolution is meant to encourage
them not to intervene.
SENATOR THERRIAULT asked Ms. Hancock whether there really was
any threat of Congress excusing ExxonMobil from its
responsibility.
MS. HANCOCK responded there was concern about efforts being made
in Washington D.C. to effect a release of responsibility.
CHAIR SEEKINS said so far, no one has sought any active
participation in 15 years.
Ms. Hancock responded, "To the best of my knowledge."
CHAIR SEEKINS speculated that people were more apt to make the
oil company pay more than less. He speculated that the Ninth
Circuit Court was going to decide the punitive damages soon.
SENATOR FRENCH indicated he was not up to date on that
information.
CHAIR SEEKINS suggested that the committee roll SJR 17 and HJR 9
together and present it as one resolution.
10:38:22 AM
CHAIR SEEKINS held the HJR 9 in committee.
There being no further business to come before the committee,
Chair Seekins adjourned the meeting at 10:39:52 AM.
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