03/05/2013 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB56 | |
| SB22 | |
| SB49 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 56 | TELECONFERENCED | |
| += | SB 49 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 22 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 5, 2013
1:30 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Lesil McGuire, Vice Chair
Senator Fred Dyson
MEMBERS ABSENT
Senator Donald Olson
Senator Bill Wielechowski
COMMITTEE CALENDAR
SENATE BILL NO. 56
"An Act relating to certain crimes involving controlled
substances; and providing for an effective date."
- MOVED CSSB 56(JUD) OUT OF COMMITTEE
SENATE BILL NO. 22
"An Act relating to the commencement of actions for felony sex
trafficking and felony crimes involving child pornography or
indecent materials to minors; relating to the human trafficking;
relating to the crime of sexual assault; relating to the crime
of referral of sexual felonies to a three-judge panel; relating
to the definition of 'sexual unlawful contact; relating to
forfeiture for certain crimes involving prostitution; relating
felony' for sentencing and probation for conviction of certain
crimes; relating to the to the time in which to commence certain
prosecutions; relating to release for violation definition of
"sex offense" regarding sex offender registration; relating to
protective of a condition of release in connection with a crime
involving domestic violence; relating orders for stalking and
sexual assault and for a crime involving domestic violence; to
interception of private communications for certain sex
trafficking or human relating to the definition of 'victim
counseling centers' for disclosure of certain trafficking
offenses; relating to use of evidence of sexual conduct
concerning victims of communications concerning sexual assault
or domestic violence; relating to violent certain crimes;
relating to procedures for granting immunity to a witness in a
criminal crimes compensation; relating to certain information in
retention election of judges proceeding; relating to
consideration at sentencing of the effect of a crime on the
victim; concerning sentencing of persons convicted of felonies;
relating to remission of sentences relating to the time to make
an application for credit for time served in detention in a for
certain sexual felony offenders; relating to the subpoena power
of the attorney treatment program or while in other custody;
relating to suspending imposition of general in cases involving
the use of an Internet service account; relating to reasonable
sentence for sex trafficking; relating to consecutive sentences
for convictions of certain efforts in child-in-need-of-aid cases
involving sexual abuse or sex offender registration; relating to
mandatory reporting by athletic coaches of child abuse or
neglect; making conforming amendments; amending Rules 16,
32.1(b)(1), and 32.2(a), Alaska Rules of Criminal Procedure,
Rule 404(b), Alaska Rules of Evidence, and Rule 216, Alaska
Rules of Appellate Procedure; and providing for an effective
date."
- MOVED CSSB 22(JUD) OUT OF COMMITTEE
SENATE BILL NO. 49
"An Act defining 'medically necessary abortion' for purposes of
making payments under the state Medicaid program."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 56
SHORT TITLE: RECLASSIFYING CERTAIN DRUG OFFENSES
SPONSOR(s): SENATOR(s) DYSON
02/15/13 (S) READ THE FIRST TIME - REFERRALS
02/15/13 (S) JUD, FIN
03/04/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/04/13 (S) Heard & Held
03/04/13 (S) MINUTE(JUD)
03/05/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 22
SHORT TITLE: CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/16/13 (S) READ THE FIRST TIME - REFERRALS
01/16/13 (S) JUD, FIN
01/30/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
01/30/13 (S) Heard & Held
01/30/13 (S) MINUTE(JUD)
02/04/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/04/13 (S) Heard & Held
02/04/13 (S) MINUTE(JUD)
02/11/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/11/13 (S) Heard & Held
02/11/13 (S) MINUTE(JUD)
02/15/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/15/13 (S) Heard & Held
02/15/13 (S) MINUTE(JUD)
02/18/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/18/13 (S) Heard & Held
02/18/13 (S) MINUTE(JUD)
02/22/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/22/13 (S) Heard & Held
02/22/13 (S) MINUTE(JUD)
02/25/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/25/13 (S) Heard & Held
02/25/13 (S) MINUTE(JUD)
03/01/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/01/13 (S) Heard & Held
03/01/13 (S) MINUTE(JUD)
03/04/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/04/13 (S) Scheduled But Not Heard
03/05/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 49
SHORT TITLE: MEDICAID PAYMENT FOR ABORTIONS; TERMS
SPONSOR(s): COGHILL
02/11/13 (S) READ THE FIRST TIME - REFERRALS
02/11/13 (S) JUD, FIN
02/15/13 (S) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS
02/15/13 (S) JUD, FIN
02/27/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/27/13 (S) Heard & Held
02/27/13 (S) MINUTE(JUD)
03/04/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/04/13 (S) Heard & Held
03/04/13 (S) MINUTE(JUD)
03/05/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
CHUCK KOPP, Staff
Senator Fred Dyson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided a sectional analysis of SB 56.
FORREST DUNBAR, Public Advocacy Attorney
Anchorage, Alaska
POSITION STATEMENT: Provided supporting testimony for SB 56.
WALT MONIGAN, President
Alaska Native Justice Center
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 56.
RICK ALLEN, Director
Office of Public Advocacy
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 56.
KARL BURGGRAF, representing himself
Fairbanks, Alaska
POSITION STATEMENT: Stated support for the intent of SB 56.
ANNE CARPENETI, Assistant Attorney General
Criminal Division
Legal Services Section
Department of Law (DOL)
POSITION STATEMENT: Commented on the amendments to SB 22.
NANCY MEADE, General Counsel
Administrative Staff
Office of the Administrative Director
Alaska Court System
POSITION STATEMENT: Commented on an amendment to SB 22.
NANCY BIENVENUE, representing herself
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 56.
GRADY PENNELL, Pastor
Eagle River Grace Church
Eagle River, Alaska
POSITION STATEMENT: Testified in support of SB 49.
PATRICIA STEEN, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 49.
JOSHUA DECKER, staff attorney
ACLU of Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 49.
SHERRY WRIGHT, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 49.
REGINA CHENAULT, M.D., representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 49.
PATTI PRICE, representing herself
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 49.
CONNIE BELL, representing herself
Petersburg, Alaska
POSITION STATEMENT: Testified in support of SB 49.
JEAN BRAMER, M.D., representing herself
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 49.
WILLIAM RESINGER, M.D., representing himself
Palmer, Alaska
POSITION STATEMENT: Testified in support of SB 49.
IIONA FARR M.D., representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 49.
SID HEIDERSDORF, Vice President
Alaskans for Life
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 49.
GEORGE BROWN M.D., representing himself
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 49.
ACTION NARRATIVE
1:30:11 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:30 p.m. Present at the call to
order were Senators Dyson, McGuire, and Chair Dyson.
SB 56-RECLASSIFYING CERTAIN DRUG OFFENSES
1:30:28 PM
CHAIR COGHILL announced the consideration of SB 56, and noted
that this was the second hearing.
1:30:56 PM
CHUCK KOPP, staff to Senator Fred Dyson, sponsor of SB 56,
stated that the current drug policy imposes a fiscal burden that
is not sustainable. He explained that SB 56 refocuses prison bed
space on violent and career criminals while protecting law
enforcement's ability to aggressively pursue drug distributors
and repeat offenders. This will benefit society by improving
prospects for drug offenders to get jobs, be professionally
licensed, and get housing, all of which are variables strongly
correlated with decreased alcoholism, domestic violence, and
recidivism. He provided a sectional analysis.
Section 1 amends AS 11.71.040 by raising the quantity of a
Schedule IA or Schedule IIA controlled substance in possession
that precipitates a felony charge from "any amount" to a
quantity that would imply distribution. The quantity that
implies distribution and opens the offender to a felony charge
is 15 or more tablets, ampules, or syrettes when the drug is
found in such a form. (Schedule IA drugs are commonly known as
codeine, hydrocodone, and heroin. Schedule IIA drugs are
commonly known as meth and cocaine.) However, the bill lowers
the felony presumptive limit to 500 milligrams for heroin and
300 milligrams for Lysergic acid diethylamide (LSD).
Any person found in possession of any amount of a Schedule IA or
Schedule IIA controlled substance may still be charged with a
class C felony if the person has been previously convicted of
any drug offense defined in AS 11.71.010 - AS 11.71.050 in the
five years preceding the current offense. The bill does not
affect any provisions of this statute or any other controlled
substance statute that empowers law enforcement and prosecutors
to charge and convict distributors of controlled substances.
1:34:11 PM
Section 2 provides that offenders in possession of small
quantities of Schedule IA and Schedule IIA controlled substances
may be prosecuted under AS 11.71.050, a class A misdemeanor.
Offenders in possession of quantities above the felony level are
subject to prosecution under AS 11.71.040. The felony limit is
established as 15 tablets, ampules, or syrettes or 3 grams if
found in a preparation, compound, or mixture. The felony limits
are reduced to 500 milligrams for heroin and 300 milligrams for
LSD.
Section 3 establishes that this Act applies to offenses
committed on or after the effective date of the Act, except that
references to previous convictions in the three-strike
provisions in Section 1 include convictions occurring before,
on, or after the effective date.
Section 4 removes conflicting language related to bath salts
from AS 11.71.040 and AS 11.71.050 and provides that hereafter
bath salts will be treated the same as other Schedule IIA
controlled substances.
Section 5 provides for an effective date.
MR. KOPP noted that the bill contained a drafting error.
1:36:52 PM
FORREST DUNBAR, public advocacy attorney, clarified that his
comments relate to research that he did last year while at the
Office of Public Advocacy (OPA), but he was not representing OPA
or the Department of Administration. He explained that the
three-strike rule in Section 1 helps to differentiate between
first time abusers and repeat offenders. Furthermore, if there
is any evidence that a person is a drug distributor the person
can be prosecuted with a felony. SB 56 should lead to reductions
in prison admissions, legal costs, judicial costs, barrier crime
issues for low-level offenders, and welfare costs. Fewer low
risk offenders will be placed on felony probation which should
lead to a reduction in the caseload for probation officers.
He displayed a graph of Alaska's prison population growth from
2003 to 2012 and projected growth to 2020. It shows that the
average inmate population has been growing slightly less than
three percent per year. Based on that rate, the state by 2016
will either have to build another Goose Creek prison or start
exporting Alaskan prisoners to other jurisdictions.
MR. DUNBAR described the three primary drivers of prison growth
that the Alaska Department of Corrections identified in August
2012.
1. Increased admissions for second degree felony theft (theft
of property valued over $500) and increased sentence
lengths associated with these offenses.
2. A 63 percent rise in prison admissions for drug offences,
particularly felony offenders convicted of possession
offenses.
3. Increases in petitions to revoke probation (PTRP) and
probation violations.
1:39:23 PM
MR. DUNBAR displayed a chart showing the number of cases that
were filed in the Alaska Court System from 2008 to 2012 with
fourth degree misconduct involving a controlled substance (MICS-
4) charges. [In 2008, 622 cases were filed with MICS-4 charges
and in 2012, 977 cases were filed with MICS-4 charges.] He
highlighted that this reform will result in fewer people being
charged with low-level felonies. The collateral consequences of
these small quantity drug felonies include barriers to all
employment, difficulty finding housing, inability to qualify for
benefits like Food Stamps, and ineligibility to become a Village
Public Safety Officer (VPSO). These barriers make it extremely
difficult for successful reentry into the community, and
possibly drive recidivism.
He reviewed the ways that SB 56 will reduce legal and
adjudication costs. Anchorage court statistics show that felony
cases take about twice as long to reach disposition as
misdemeanor cases, which leads to higher cost. Felony cases also
require empaneling a grand jury and the need for more
experienced attorneys, both of which lead to higher costs.
MR. DUNBAR estimated that passing SB 56 will result in annual
savings of between $400,000 and $800,000 to defense agencies and
the court. Legislative Research Services found that about $14
million in annual costs are associated with low-level drug
crimes, primarily from the Department of Corrections. He
acknowledged that his estimates were more conservative, but the
important point is that the bill could save tens of millions of
dollars over the next decade.
The bill also affects public safety. Fourteen states have
already classified low-level drug possession as a misdemeanor
and those states have lower rates of violent crime, property
crime, and incarceration and significantly higher rates of drug
treatment. He highlighted that DOC is starting to focus on this.
1:44:06 PM
MR. DUNBAR refuted the argument that people won't be
incentivized to stay in treatment if the threat of a felony
isn't hanging over their heads. He pointed out that states where
possession of these drugs is a misdemeanor have demonstrably
higher rates of drug treatment and lower rates of rape and
domestic violence. Also, prosecutors and judges have said that
imposing sufficient suspended time is an incentive to stay in
treatment.
MR. DUNBAR said the bill won't have a large impact on the
Department of Public Safety, but will have a large impact on
possession offenders because it reduces collateral consequences.
It might also have a positive effect on recidivism. He described
an example from the state of Florida and opined that people with
a felony label are more likely to become trapped in the criminal
milieu than those who do not have that label. Convicted felons
find it more difficult to find gainful employment and are more
likely to reoffend.
In conclusion he posited that SB 56 will result in a reduction
in probation officer caseloads, which will lead to direct cost
savings to the state. Over the long term the savings could be in
the tens of millions of dollars. If the bill avoids the building
of another prison, the savings could amount to hundreds of
millions of dollars.
1:46:25 PM
WALT MONIGAN, Native Justice Center, stated that he likes SB 56
because it is based on a logical and intuitive approach to
addiction. It is treatment versus incarceration, which gives the
offender a second chance. Finally, it can forestall the branding
of a felony on a person. Being branded a felon closes many doors
and almost guarantees continued drug use or abuse, because it
limits other opportunities such as jobs. He said this bill is
long overdue and if passed it will help reduce current
offenders' bitterness, anti-social behavior, and continued drug
use. It will have a positive effect on subsequent crimes,
domestic violence, child abuse, and neglect.
1:49:05 PM}
RICK ALLEN, Director, Office of Public Advocacy, stressed the
importance of getting Alaska's prison population growth under
control. Alaska has one of the fastest growing prison
populations in the U.S. and is one of the few states where the
population is still growing. Conversely, states like Texas are
closing prisons. He said the cost of building Goose Creek prison
is equivalent to the cost of building ten new high schools and
another Goose Creek will be needed very soon if things don't
change. He discussed the devastating impacts of a felony
conviction on individuals and families.
Studies show that having a parent in prison can be just as
harmful to a child as witnessing or experiencing domestic
violence. He emphasized that it makes no sense for the state to
spend $50,000 a year to incarcerate somebody for being in
possession of $100 worth of drugs. He suggested considering the
analysis of fiscal conservatives like Jeb Bush, Newt Gingrich,
and Bill Bennett and reclassifying the state's drug laws as
proposed by SB 56. Furthermore, evidence from other states
indicates that reclassification is unlikely to have negative
impact on public safety.
1:51:20 PM
KARL BURGGRAF, representing himself, stated support for the
intent of SB 56. He offered his belief that drug crimes need to
be treated differently and that the three strikes law is
ridiculous. He shared a personal story.
SENATOR DYSON said he'd like the committee to consider the
housekeeping amendment that Mr. Kopp referenced.
1:56:17 PM
At ease.
1:58:24 PM
CHAIR COGHILL reconvened the meeting and asked for a motion to
adopt the amendment.
SENATOR DYSON moved Amendment 1, labeled 28-LS0355\N.1.
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR DYSON
Page 3, line 11:
Delete "AS 11.71.150(b)(9)"
Insert "AS 11.71.150(b)(12)"
CHAIR COGHILL objected for discussion purposes.
MR. KOPP explained that the intention was to reference LSD,
[which paragraph (12) does].
1:59:42 PM
CHAIR COGHILL removed his objection and announced that Amendment
1 was adopted.
1:59:56 PM
SENATOR DYSON moved to report SB 56, version N [as amended],
from committee with individual recommendations and attached
fiscal note(s).
CHAIR COGHILL announced that without objection, CSSB 56(JUD)
moved from the Senate Judiciary Standing Committee.
SB 22-CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT
2:00:32 PM
CHAIR COGHILL announced the consideration of SB 22. [The
committee treated draft version N as the working document.] He
noted there were three amendments, the first of which was
conforming.
CHAIR COGHILL moved Amendment 1, labeled 28-GS1587\N.2.
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR COGHILL
TO: CSSB 22(JUD), Draft Version "N"
Page 2, line 14, following "Procedure,":
Insert "and"
Page 2, line l5:
Delete ", and Rule 216, Alaska Rules of Appellate
Procedure"
Page 21, line 31, through page 22, line 15:
Delete all material.
Renumber the following bill sections accordingly.
Page 23, line 5:
Delete "sec. 44"
Insert "sec. 42"
2:01:06 PM
ANNE CARPENETI, Assistant Attorney General, Criminal Division,
Legal Services Section, Department of Law (DOL), affirmed that
the court rule amendments were no longer necessary, because the
immunity sections were removed in a prior amendment.
CHAIR COGHILL announced that without objection, Amendment 1 was
adopted.
SENATOR MCGUIRE explained that Amendment 2 addresses Senator
Dyson's concerns about requiring volunteer athletic coaches to
be mandatory reporters.
SENATOR MCGUIRE moved [Conceptual] Amendment 2, identified as
N.4.
CONCEPTUAL AMENDMENT 2
OFFERED IN THE SENATE SENATOR MCGUIRE
TO: CSSB 22(JUD), Draft Version "N"
Page 19, following line 22:
Insert a new bill section to read:
"*Sec. 37. AS 47.17.020 is amended by adding a new
subsection to read:
(j) This section does not require an athletic
coach who is an unpaid volunteer to report child
abuse or neglect under (a)(9) of this section unless
the coach
(1) volunteers for more than
(A) four hours a week for four
consecutive weeks; or
(B) 20 hours a week in a one-month
period;
(2) has received the training required under
AS 47.17.022; and
(3) has signed a form acknowledging that the
coach is required to report child abuse or neglect
under this section."
Renumber the following bill sections accordingly.
2:06:10 PM
MS. CARPENETI stated that DOL supports volunteer coaches
reporting under all circumstances so this is a compromise the
department can support given the fact that the committee
previously decided to eliminate the requirement all together.
She noted that the amendment was conceptual and she was willing
to work with whomever to change what is in the bill now to
reflect these changes.
CHAIR COGHILL announced that without objection, [Conceptual
Amendment 2 is adopted].
2:07:33 PM
CHAIR COGHILL moved Amendment 3, labeled 28-GS1587\N.3
AMENDMENT 3
OFFERED IN THE SENATE
TO: CSSB 22(JUD), Draft Version "N"
Page 15, line 22:
Delete "compliance with AS 12.55.025(a)(5)"
Insert "consideration of victims"
Page 15, line 23, following "offenses":
Insert "where the offenses involve victims"
SENATOR MCGUIRE objected for discussion purposes.
CHAIR COGHILL explained that the amendment is intended to
address a concern the Court System has regarding Judicial
Council reports in election pamphlets on judge's compliance with
certain statutory provisions when imposing sentences for felony
offenses that involve victims.
2:08:27 PM
NANCY MEADE, General Counsel, Administrative Staff, Office of
the Administrative Director, Alaska Court System, stated that
the proposed amendment is a compromise the Court System and DOL
agreed upon, and the Judicial Council has acknowledged it is
doable. She summarized that this means that the council will
report on how judges comply with the obligation to consider the
impact on the victim.
SENATOR MCGUIRE removed her objection.
CHAIR COGHILL announced that without objection, Amendment 3 is
adopted.
He asked the will of the committee.
2:10:56 PM
SENATOR MCGUIRE moved to report CS for SB 22, [version N] as
amended, from committee with individual recommendations and
attached fiscal notes.
CHAIR COGHILL announced that without objection, CSSB 22(JUD)
moved from the Senate Judiciary Standing Committee.
2:11:23 PM
At ease
SB 49-MEDICAID PAYMENT FOR ABORTIONS; TERMS
2:13:28 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of SB 49 and opened public testimony. [SSSB 49 was
the working document.]
2:14:09 PM
NANCY BIENVENUE, representing herself, said she is a registered
nurse and the former CEO of Care Net. This is a pregnancy center
that offers life affirming assistance for women facing an
unplanned pregnancy and post-abortion assistance. She related
that she made some poor choices in 1975 and had an elective
abortion. She shared her personal story and described being
stunned to learn that the state would pay for her foolish
choices.
She emphasized that SB 49 is not about freedom and privacy and
the right for a woman and her doctor to make a choice about
abortion. Rather, the bill is about funding an elective
abortion. She pointed out that the statute says [a Medicaid
paid] abortion is for medical necessity, and urged the
legislature to consider that when making a choice for what is
good, sensible and moral.
2:19:15 PM
GRADY PENNELL, Pastor, Eagle River Grace Church, said he
supports SB 49 because it gives the unborn child a fighting
chance for life. Furthermore, it is consistent with the
teachings of the majority of the world religions. He noted that
this can be fact-checked on-line. He shared stories of African
American men who probably would not have been born if today's
abortions laws had been on the books when their mothers were
pregnant.
2:21:44 PM
PATRICIA STEEN, representing herself, stated that legal abortion
is the law of the land and there can be no discrimination
between which women can choose and which cannot. It is a matter
of access and the civil rights of citizens under the 14th
Amendment. She pointed out that abortions, including those that
are publicly funded, have been declining in Alaska. She cited
federal statistics on the cost of raising a child and pointed
out that the total amount paid for all the publicly funded
abortions in Alaska would pay for just one child who needed to
be on public assistance throughout his or her life. She said the
number of abortions decline proportionally with access to
affordable birth control, adequate sex education, adequate
health care, and the ability to adequately support the children.
The wording proposed in SB 49 is in direct conflict with what is
available to two-thirds of the women in the world, and is
completely unconstitutional considering the U.S. Supreme Court
decision and the 14th Amendment. She concluded that abortion
rights need to be safeguarded and supported for all women
regardless of their economic status.
SENATOR DYSON asked if her point is that abortion should be
allowed because raising a child is too expensive and the kid may
be poor.
MS.STEEN said her point is that the proposed language limits
abortions for women who cannot afford to pay for them.
2:25:56 PM
JOSHUA DECKER, staff attorney, ACLU of Alaska, thanked the
committee for allowing him to supplement the written testimony
that was submitted on February 27, 2013. He stated that SB 49
has serious constitutional problems. First, it violates the
separation of powers in Alaska. The Supreme Court decision in
State of Alaska v. Planned Parenthood was a decision of
constitutional dimension that the legislature lacks the power to
alter through legislation. Because SB 49 seeks to limit the
rights articulated by the Supreme Court, it is unconstitutional
from a separation of powers view. The bill is also
unconstitutional from an equal protection view. It animates from
a desire to limit abortions, which is not a neutral criterion
for the state allocating money to Medicaid recipients, and the
narrow definition of what is medically necessary does not treat
women who receive Medicaid assistance equally. For these reasons
the ACLU of Alaska is asking the committee not to pass SB 49, he
said.
CHAIR COGHILL said the committee received the well-written
testimony and he disagrees with it completely.
SENATOR DYSON asked, aside from the Supreme Court decision, if
the ACLU has ever held an opinion that an unborn child has value
or worth on its own.
MR. DECKER said the ACLU holds the position that everyone has
value, but SB 49 doesn't speak to that. Rather, the bill speaks
to an unconstitutional discrimination of publicly funding a
constitutional right.
SENATOR DYSON restated the question asking whether the ACLU
believes that an unborn child has intrinsic value or worth on
its own.
MR. DECKER said certainly, but that isn't the end of the
inquiry. Because of the conclusive Supreme Court statement, SB
49 would offend a longstanding constitutional requirement and,
if passed, lead to expensive and unnecessary litigation.
SENATOR DYSON observed that his question was not answered.
2:30:44 PM
SHERRY WRIGHT, representing herself, testified in support of SB
49. She shared her personal story of how an abortion at age 17
negatively affected her life. She only got peace from the
horrible choice she made through the grace of God, much prayer,
and finally telling her secret. She related that she volunteers
as a post-abortion counselor, and most of the women in the group
say that they aborted their child as a matter of convenience.
She expressed hope that this common-sense bill passes.
CHAIR COGHILL observed that her testimony was that there could
be psychological and emotional cost to a woman who has an
abortion.
MS. WRIGHT agreed and suggested he search on-line for websites
featuring post-abortion trauma.
2:35:14 PM
REGINA CHENAULT, M.D., representing herself, said she is a
surgeon testifying in support of SB 49. She offered her medical
opinion that very few medical conditions make an abortion
medically necessary. Mental conditions do not qualify as medical
necessity for a woman to get an abortion. In fact, many mental
health patients have children, raise them, and contribute to
society. She emphasized that state Medicaid dollars do not need
to be spent killing babies. They are valuable gifts from God
that have intrinsic worth. She related her experience that women
who have had an abortion never get away from having made that
bad decision. By contrast, many women with life-threatening
diseases risk their own lives to continue a pregnancy. She
shared two patient stories where the women chose to have
abortions that would be paid for by Medicaid and stated that she
disagrees that Medicaid should pay for these types of abortions.
CHAIR COGHILL asked her opinion about including some
psychological component to prove a medical need for an abortion.
DR. CHENAULT said she agrees only in cases of incest.
CHAIR COGHILL noted that the bill already includes exceptions
for rape and incest.
2:42:16 PM
PATTI PRICE, representing herself, stated support for SB 49.
2:42:50 PM
CONNIE BELL, representing herself, testified in support of SB
49. She said the testimony by Planned Parenthood makes it clear
that there is a need to define "medically necessary." She
offered her belief that the unborn child has intrinsic value
whose rights are originally from God. Good law upholds those
rights and for Alaska to have a good law the term "medically
necessary" needs a definition.
2:44:02 PM
JEAN BRAMER, M.D., representing herself, said she is an OB/GYN
physician who strongly supports SB 49. She stated that this is
not a prolife and prochoice debate; this is about funding.
Defining "medically necessary" is very important to keep from
spending thousands of dollars on elective abortions. She
described an elective abortion as an inconvenient pregnancy that
wants to be terminated for no medical reason. In fact, very few
medical reasons would make an abortion reasonable. The list of
medical conditions in the bill is very broad and will cover the
women who should be covered, but it will not allow the state to
pay for an elective abortion. Private insurance does not cover
elective abortion so there is no reason that Medicaid should
cover them, she said. The bill brings clarity to what is
important, but it does not try to change the legality of
elective abortions. It's a matter of funding.
2:47:46 PM
WILLIAM RESINGER, M.D., representing himself, said he took the
original Hippocratic Oath which forbade both abortion and
euthanasia. As a radiologist he said he is in the unique
position of being able to testify on behalf of the unborn; they
are human beings. He described things he has witnessed during
ultrasounds, and pointed out that abortion is the only surgical
procedure that has 100 percent mortality. Because abortion
destroys a human being, it's important to clearly and carefully
define what constitutes "medical necessity."
2:50:55 PM
IIONA FARR M.D., representing herself, testified in support of
SB 49. She said that as a physician she does her best to promote
life and she doesn't want her tax dollars going to pay for
abortions that are not medically necessary as it results in the
death of unborn Alaska children. Noting that eighteen states
have passed legislation prohibiting abortions in the new health
exchanges, she stressed the importance for Alaska to set a clear
standard for what is medically necessary before the federal
government imposes a definition.
DR. FARR suggested the committee remove kidney infections from
the list of medical conditions that qualify for medical
necessity. This condition is fairly common during pregnancy and
is not a reason for abortion. At the least, specify kidney
infection with sepsis. She also suggested adding congenital
fetal abnormalities incompatible with life to the list, because
these often result in complications with the pregnancy. Mental
health issues or economic conditions are not reasons to have an
abortion. She related several patient stories and stated that
most abortions in Alaska are elective and should not be paid for
by taxpayers.
CHAIR COGHILL asked her to submit her suggestions in writing.
DR. FARR agreed and noted that she biopsies the uterus before
doing an ultrasound.
CHAIR COGHILL asked if she was aware of complaints that vaginal
ultrasounds were repugnant.
DR. FARR answered no; either an abdominal or trans-vaginal
ultrasound should be done before any type of intrauterine
procedure is performed.
2:56:50 PM
SID HEIDERSDORF, Vice President, Alaskans for Life, stated that
Alaskans for Life supports all efforts to remove the state from
the abortion business, and opposes the Medicaid program paying
for elective procedures, especially abortion. That is not what
the program is for. Alaskans for Life holds the view that
nothing qualifies as a medically necessary abortion, but
acknowledges that SB 49 is a step in the right direction.
However, the list of conditions to qualify for a medically
necessary abortion is so broad it would be easy for an
abortionist to circumvent the intention of the statute. Thus,
the committee should consider requiring a second physician to
certify the medically necessary conditions.
3:00:51 PM
GEORGE BROWN M.D., representing himself, said he is a pediatric
physician who has practiced in Alaska for many years. He began
by pointing out that current research shows that physical and
mental illness cannot be separated. By definition there is an
emotional need if someone who is terribly distraught comes in
seeking help. What should happen is to help that person make the
most sensible decision for them. However, if families receive
the help they need to raise their children, there will be less
demand for abortion.
DR. BROWN thanked the committee for listening respectfully to
each side of this very complicated issue. He expressed hope that
both sides do everything possible to prevent unwanted
pregnancies. He concluded reading the following from his
prepared comments:
Our Alaska and United States Constitution[s] expressly
promise freedom of speech, of the press, of public
assembly to petition, and freedom of and from
religion. These are solemn and challenging promises.
They are not all yet kept for many of us, sadly for
too many of us. If I had somehow been able to add
another constitutional promise, I would have added
"freedom to practice tolerance everywhere and as often
as anyone possible could."
It is important for you to understand that the health
of body and mind cannot be divided. I ask you to
carefully consider the negative impact that passage of
SB 49 will have on the emotional and physical health
of many Alaskan women.
3:05:58 PM
CHAIR COGHILL held SB 49 in committee.
3:06:20 PM
There being no further business to come before the committee,
Chair Coghill adjourned the meeting at 3:06 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Amended CS SB 22 Version N.pdf |
SJUD 3/5/2013 1:30:00 PM |
SB 22 |
| Sponsor Statement - Medically Necessary.docx |
SJUD 2/27/2013 1:30:00 PM SJUD 3/5/2013 1:30:00 PM SJUD 3/11/2013 5:00:00 PM |
SB 49 SB 49 Sponsor Statement |
| Sectional SB 49.doc |
SJUD 2/27/2013 1:30:00 PM SJUD 3/4/2013 1:30:00 PM SJUD 3/5/2013 1:30:00 PM SJUD 3/11/2013 5:00:00 PM |
SB 49 |
| Amendment N 2.pdf |
SJUD 3/5/2013 1:30:00 PM |
SB 22 |
| Amendment N.3.pdf |
SJUD 3/5/2013 1:30:00 PM |
SB 22 |
| SB0049B Sponsor Substitute.pdf |
SJUD 2/27/2013 1:30:00 PM SJUD 3/4/2013 1:30:00 PM SJUD 3/5/2013 1:30:00 PM SJUD 3/11/2013 5:00:00 PM |
SB 49 |
| ACLU Review 02 27 2013.pdf |
SJUD 3/5/2013 1:30:00 PM SJUD 3/11/2013 5:00:00 PM |
SB 49 |
| SB 49_Planned Parenthood Powerpoint.pdf |
SJUD 3/5/2013 1:30:00 PM SJUD 3/11/2013 5:00:00 PM |
SB 49 |
| Letter from Giguere.pdf |
SJUD 3/5/2013 1:30:00 PM SJUD 3/11/2013 5:00:00 PM |
SB 49 |