Legislature(2003 - 2004)

05/02/2003 01:53 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                          May 2, 2003                                                                                           
                           1:53 p.m.                                                                                            
                                                                                                                                
TAPE(S) 03-34                                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Ralph Seekins, Chair                                                                                                    
Senator Scott Ogan, Vice Chair                                                                                                  
Senator Gene Therriault                                                                                                         
Senator Johnny Ellis                                                                                                            
Senator Hollis French                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
SENATE BILL NO. 30                                                                                                              
"An  Act  relating  to  information  and  services  available  to                                                               
pregnant women  and other persons; and  ensuring informed consent                                                               
before an abortion  may be performed, except in  cases of medical                                                               
emergency."                                                                                                                     
     HEARD AND HELD                                                                                                             
                                                                                                                                
CS FOR HOUSE BILL NO. 2(JUD)(title am)                                                                                          
"An Act relating to the  statute of limitations for certain civil                                                               
actions  relating  to  acts  constituting  sexual  offenses;  and                                                               
providing for an effective date."                                                                                               
     MOVED CSHB 2(JUD)(title am) OUT OF COMMITTEE                                                                               
                                                                                                                                
CS FOR HOUSE BILL NO. 249(JUD) am                                                                                               
"An  Act relating  to the  award of  costs and  attorney fees  to                                                               
defendants  under  court  rule in  civil  actions  brought  under                                                               
monopoly and  restraint of trade  statutes; and providing  for an                                                               
effective date."                                                                                                                
     MOVED CSHB 249(JUD) am OUT OF COMMITTEE                                                                                    
                                                                                                                                
SENATE BILL NO. 93                                                                                                              
"An Act  relating to  limitations on actions  to quiet  title to,                                                               
eject a person  from, or recover real property  or the possession                                                               
of it; and providing for an effective date."                                                                                    
     HEARD AND HELD                                                                                                             
                                                                                                                                
CS FOR HOUSE BILL NO. 49(JUD)                                                                                                   
"An   Act   relating   to   the   deoxyribonucleic   acid   (DNA)                                                               
identification  registration system  and  testing; and  providing                                                               
for an effective date."                                                                                                         
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 85                                                                                                              
"An Act  relating to sentencing and  to the earning of  good time                                                               
deductions for certain sexual offenses."                                                                                        
     MOVED CSSB 85(STA) OUT OF COMMITTEE                                                                                        
                                                                                                                                
CS FOR HOUSE BILL NO. 114(JUD)(title am)                                                                                        
"An Act  relating to the  issuance of  a search warrant  upon the                                                               
sworn  testimony  or  affidavit   of  a  person  communicated  by                                                               
telephone, other appropriate means, or facsimile machine."                                                                      
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
SB 30 -  See HESS minutes dated 3/17/03,  3/26/03, 4/3/03, 4/9/03                                                               
     and 4/14/03.                                                                                                               
HB  2 -  See State  Affairs minutes  dated 4/10/03  and Judiciary                                                               
     minutes dated 4/28/03.                                                                                                     
HB 249 - See Judiciary minutes dated 4/30/03.                                                                                   
SB 93 - See Labor and  Commerce minutes dated 3/11/03 and 4/1/03.                                                               
     See Judiciary minutes dated 4/16/03 and 4/30/03.                                                                           
HB 49 - No previous action to record.                                                                                           
SB 85  - See  State Affairs minutes  dated 4/10/03  and Judiciary                                                               
     minutes dated 4/28/03.                                                                                                     
                                                                                                                              
WITNESS REGISTER                                                                                                              
                                                                                                                                
Senator Dyson                                                                                                                   
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Sponsor of SB 30.                                                                                        
                                                                                                                                
Ms. Amy Seitz                                                                                                                   
Staff to Senator Wagoner                                                                                                        
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Commented on SB 93.                                                                                       
                                                                                                                                
Mr. Jon Tillinghast, Atty.                                                                                                      
Sealaska Corporation                                                                                                            
One Sealaska Plaza                                                                                                              
Juneau AK 99801                                                                                                                 
POSITION STATEMENT: Supported SB 93.                                                                                          
                                                                                                                                
Representative Tom Anderson                                                                                                     
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Sponsor of HB 49.                                                                                         
                                                                                                                                
Mr. Chris Beheim, Director                                                                                                      
Scientific Crime Detection Laboratory                                                                                           
Department of Public Safety                                                                                                     
PO Box 111200                                                                                                                   
Juneau, AK  99811-1200                                                                                                          
POSITION STATEMENT: Commented on HB 49.                                                                                       
                                                                                                                                
Ms. Debbie Joslin                                                                                                               
PO Box 377                                                                                                                      
Delta Junction AK 99737                                                                                                         
POSITION STATEMENT: Supported SB 30.                                                                                          
                                                                                                                                
Ms. Linda Bowdre                                                                                                                
PO Box 1048                                                                                                                     
Delta Junction AK 99737                                                                                                         
POSITION STATEMENT: Supported SB 30.                                                                                          
                                                                                                                                
Ms. Ruth Abbott                                                                                                                 
HC 60 Box 4225                                                                                                                  
Delta Junction AK 99737                                                                                                         
POSITION STATEMENT: Supported SB 30.                                                                                          
                                                                                                                                
Ms. Tiana Shawver                                                                                                               
PO Box 926                                                                                                                      
Delta Junction AK 99737                                                                                                         
POSITION STATEMENT: Supported SB 30.                                                                                          
                                                                                                                                
Ms. Anne Harrison                                                                                                               
Alaska State Board of Planned Parenthood                                                                                        
3270 Rosie Creek Rd.                                                                                                            
Fairbanks AK 99709                                                                                                              
POSITION STATEMENT: Opposed SB 30.                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 03-34, SIDE A                                                                                                            
                                                                                                                              
         SB 30-ABORTION: INFORMED CONSENT; INFORMATION                                                                      
                                                                                                                                
CHAIR  RALPH   SEEKINS  called  the  Senate   Judiciary  Standing                                                             
Committee meeting  to order  at 1:53  p.m. Present  were Senators                                                               
Ogan  and   French.  He   announced  that  SB   30  was   up  for                                                               
consideration.                                                                                                                  
                                                                                                                                
SENATOR DYSON,  sponsor of SB  30, explained that since  the 70s,                                                               
Alaska  physicians   who  perform   abortions  are   required  by                                                               
regulation   to  inform   their   patients   about  the   medical                                                               
implications and possible emotional  and physical consequences of                                                               
the  procedure. SB  30  puts  that in  statute  and provides  the                                                               
option for a doctor to  use standardized information presented by                                                               
means  of a  pamphlet on  the Internet.  He said  that he  had no                                                               
knowledge  that  present  practitioners weren't  informing  their                                                               
patients, but this would just make  it easier for them to do that                                                               
and give them some immunity from prosecution for not doing it.                                                                  
                                                                                                                                
Making  the  information available  on  the  Internet allows  the                                                               
Department  of  Health  and Social  Services  to  update  service                                                               
providers  and  support  organizations   and  to  translate  that                                                               
information  into  other  languages,  including  Alaska's  Native                                                               
languages, easily.                                                                                                              
                                                                                                                                
SENATOR OGAN moved  to adopt CSSB 30(JUD), version  \V. There was                                                               
no objection and it was so ordered.                                                                                             
                                                                                                                                
CHAIR SEEKINS said they would hold CSSB 30(JUD) until later.                                                                    
                                                                                                                                
 CSHB 2(JUD)(title am)-CIVIL STATUTE OF LIMITATIONS/SEXOFFENSES                                                             
                                                                                                                                
CHAIR  SEEKINS announced  CSHB 2(JUD)  (title  am) to  be up  for                                                               
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  KEVIN  MEYER, sponsor  of  HB  2, said  that  Pam                                                               
Finley,  Reviser of  Statutes,  answered both  of Senator  Ogan's                                                               
questions from the previous meeting.                                                                                            
                                                                                                                                
SENATOR OGAN agreed that he was satisfied.                                                                                      
                                                                                                                                
REPRESENTATIVE MEYERS said deleting  section 4, which pertains to                                                               
the retroactive  provision, would  be unclear  to the  courts and                                                               
add  fodder  to  attorneys  to   argue  whether  the  statute  of                                                               
limitations should  be what they  were prior to 2001.  Leaving it                                                               
makes their  intent perfectly  clear; that they  want them  to go                                                               
into effect when the bill is actually passed.                                                                                   
                                                                                                                                
SENATOR  OGAN  moved  to  pass CSHB  2(JUD)(title  am)  with  the                                                               
attached   fiscal   notes    from   committee   with   individual                                                               
recommendations. There was no objection and it was so ordered.                                                                  
                                                                                                                                
     CSHB 249(JUD)-RESTRAINT OF TRADE: ATTY FEES AND COSTS                                                                  
                                                                                                                                
CHAIR SEEKINS announced HB 249 to be up for consideration.                                                                      
                                                                                                                                
SENATOR OGAN moved to pass CSHB  249 (JUD) am from committee with                                                               
individual recommendations  and the  zero fiscal note.  There was                                                               
no objection and it was so ordered.                                                                                             
                                                                                                                                
     CSSB  85(STA)-REPEAT SERIOUS SEX OFFENSES/VICTIM COMP.                                                                 
                                                                                                                                
CHAIR SEEKINS  announced SB 85  would be held until  Senator Ogan                                                               
had a little  additional time to go through the  bill and that it                                                               
had an additional Finance referral.                                                                                             
                                                                                                                                
                   SB  93-ADVERSE POSSESSION                                                                                
                                                                                                                                
CHAIR  SEEKINS  announced  SB  93,  version  \V,  to  be  up  for                                                               
consideration.                                                                                                                  
                                                                                                                                
SENATOR OGAN moved  to adopt CSSB 93(JUD), version  \W. There was                                                               
no objection and it was so ordered.                                                                                             
                                                                                                                                
MS. AMY SEITZ, Staff to  Senator Wagoner, sponsor, explained that                                                               
the committee  adopted two conceptual amendments  and Legislative                                                               
Legal  made the  new section  2 to  address the  boundary dispute                                                               
issue and new  section 3 exempts utilities from what  SB 93 would                                                               
do to the adverse possession law.                                                                                               
                                                                                                                                
SENATOR  OGAN  questioned  language   in  section  3  that  said,                                                               
"presume to give title to  the right-of-way or other interests to                                                               
the  public utility".  He  wanted to  know  what other  interests                                                               
might be.                                                                                                                       
                                                                                                                                
MR. JON  TILLINGHAST, Sealaska  Corporation, explained  that with                                                               
"other interests," the  intent is to not change  the ground rules                                                               
with  respect to  utilities or  the Department  of Transportation                                                               
from existing law.                                                                                                              
                                                                                                                                
SENATOR OGAN  asked if this allows  someone to gain title  to not                                                               
only the right-of-way, but other interests, as well.                                                                            
                                                                                                                                
SENATOR ELLIS arrived at 2:13 p.m.                                                                                              
                                                                                                                                
MR.  TILLINGHAST replied  that  if there's  a  chance of  anybody                                                               
getting a fee  simple interest as a result of  this section, it's                                                               
because of  the words  "or other  interest". The  earlier section                                                               
explains there may  be circumstances where a  fee simple interest                                                               
is necessary in order to own  or operate the facility that you're                                                               
owning or operating.                                                                                                            
                                                                                                                                
SENATOR  OGAN asked  if  it  was necessary  to  get ownership  by                                                               
adverse possession and could a  utility get title to his property                                                               
if  they had  a  power line  going  over  it for  20  years as  a                                                               
recorded right-of-way.                                                                                                          
                                                                                                                                
MR. TILLINGHAST  responded under existing  law if a  utility line                                                               
is  on his  property for  15 -  20 years,  they would  by adverse                                                               
possession  have  a  right-of-way,   because  that's  all  that's                                                               
necessary for  them to maintain  that utility line.  This section                                                               
doesn't  change that.  They only  get the  least interest  that's                                                               
necessary to do what they are doing.                                                                                            
                                                                                                                                
SENATOR OGAN asked if it said that somewhere in Title 9.                                                                        
                                                                                                                                
MR. TILLINGHAST replied that line 17 says it.                                                                                   
                                                                                                                                
SENATOR OGAN said he would be  more comfortable in taking out the                                                               
"other  interests" language  and just  have the  ability to  give                                                               
title to the right-of-way by adverse possession.                                                                                
                                                                                                                                
CHAIR  SEEKINS  said  he  also  didn't  want  to  give  them  any                                                               
subsurface mineral rights.                                                                                                      
                                                                                                                                
SENATOR  WAGONER commented  that this  has gone  through legal  a                                                               
couple of  times and he  didn't think  they would give  a utility                                                               
any rights other than rights-of-way.                                                                                            
                                                                                                                                
2:22 - 2:28 p.m. - at ease                                                                                                      
                                                                                                                                
SENATOR  OGAN said  he talked  with  Jack Chenoweth,  Legislative                                                               
Legal,  who said  that utilities  have easements  and under  this                                                               
bill,  they're  going to  get  title  to right-of-way  and  other                                                               
interests and those could mean  anything. They could get title to                                                               
the property  if they  had a  power line  across it  by asserting                                                               
adverse possession.                                                                                                             
                                                                                                                                
SENATOR WAGONER said that was not his intention.                                                                                
                                                                                                                                
CHAIR SEEKINS said  they would hold the bill until  a new version                                                               
could be drafted.                                                                                                               
                                                                                                                                
               CSHB  49(JUD)-EXPAND DNA DATABASE                                                                            
                                                                                                                              
CHAIR SEEKINS announced CSHB 49(JUD) to be up for consideration.                                                                
                                                                                                                                
REPRESENTATIVE  TOM  ANDERSON,  sponsor   of  HB  49,  said  that                                                               
collection  and   examination  of  DNA   is  the  next   step  in                                                               
technological  advancement in  the  art and  science of  criminal                                                               
investigations.  Forensic  DNA  typing  has   made  a  broad  and                                                               
positive  impact  on the  criminal  justice  system in  terms  of                                                               
solving crimes  and innocent people  have been freed  both before                                                               
trial  and after  incarceration  due  to this.  HB  49 will  make                                                               
police  investigation more  efficient and  more accurate  helping                                                               
both  law  enforcement and  crime  victims  and will  expand  the                                                               
Alaska state database of DNA  samples to include all persons with                                                               
a felony  conviction under Alaska  law and  juveniles adjudicated                                                               
as a  delinquent for  these same  offenses. There  are provisions                                                               
for volunteer  and anonymous donations.  Persons who  register as                                                               
sex offenders  are also required  to submit DNA samples  into the                                                               
database.  It   will  require  offenders  and   minors  currently                                                               
incarcerated   or  on   state   supervised   parole  for   felony                                                               
convictions or  certain sexual misdemeanor offenses  to provide a                                                               
sample to the Department of  Public Safety. The collection of DNA                                                               
will be  in line with  the collection of fingerprints,  which are                                                               
currently collected  at an arrest  or, in some cases,  during the                                                               
process of applying for a job.                                                                                                  
                                                                                                                                
SENATOR OGAN  asked if  the law  could collect  a sample  from an                                                               
unknown person.                                                                                                                 
                                                                                                                                
REPRESENTATIVE ANDERSON  replied that  wasn't the intent  and the                                                               
Department of Law could clarify that.                                                                                           
                                                                                                                                
SENATOR  FRENCH  said it  should  be  made  clear that  they  are                                                               
talking about a  plane wreck or an arson case  when a house burns                                                               
down and you're not sure who's in or who's out.                                                                                 
                                                                                                                                
SENATOR THERRIAULT asked if the bill needs a findings section.                                                                  
                                                                                                                                
SENATOR ANDERSON  replied that  he didn't think  that was  in the                                                               
original, but was added in later.                                                                                               
                                                                                                                                
SENATOR ELLIS said  he has concerns about  privacy issues because                                                               
DNA is an  even more powerful identifier  than fingerprinting. It                                                               
also  identifies   everybody  else  in  the   bloodline  of  that                                                               
individual. Some  time in the  future they might  find themselves                                                               
passing  laws  to  keep  health   insurance  companies  from  not                                                               
excluding all  people with a  genetic predisposition  for certain                                                               
diseases. Significant safeguards should be  in place for it to be                                                               
used for good and not for other purposes.                                                                                       
                                                                                                                                
Page  3,  line  27,  says  "law  enforcement  purposes  including                                                               
criminal investigation  prosecutions" and he thought  it would be                                                               
okay  to just  read "criminal  investigations and  prosecutions".                                                               
"Law enforcement purposes" was a  very subjective phrase and open                                                               
to just anything.                                                                                                               
                                                                                                                                
Another  concern he  has is  with keeping  the sample  of genetic                                                               
material after  everything has been processed  because someday we                                                               
will regret not being more careful about this subject.                                                                          
                                                                                                                                
REPRESENTATIVE  ANDERSON responded  that  he understands  Senator                                                               
Ellis's concern  and that page  2, section  4, has a  new section                                                               
about  unlawful  use  of  DNA   samples,  which  addresses  those                                                               
concerns. Page 2, line 25, says  that unlawful use of DNA samples                                                               
is a Class C felony.                                                                                                            
                                                                                                                                
TAPE 03-34, SIDE B                                                                                                            
                                                                                                                                
2:48 p.m.                                                                                                                     
                                                                                                                                
SENATOR FRENCH  said he  thinks they should  hear from  the crime                                                               
lab folks before they decide  anything. Everyone agreed that they                                                               
would eventually  have to  protect the use  of DNA  for insurance                                                               
and other purposes.                                                                                                             
                                                                                                                                
MR.   CHRIS   BEHEIM,   Director,  Scientific   Crime   Detection                                                               
Laboratory,  prepared  a  handout   to  explain  the  history  of                                                               
biological testing  at the state  crime lab. In 1987,  they first                                                               
started  doing blood  type testing  and  in 1992,  they added  DQ                                                               
Alpha, the  first DNA  testing marker.  They used  it first  on a                                                               
homicide  in  Fairbanks and  were  able  to eliminate  the  first                                                               
suspect. They  found the killer  by testing blood that  was found                                                               
in his watchband.                                                                                                               
                                                                                                                                
In 1996, they  added another DNA marker, known  as the polymarker                                                               
technique,   which  eliminated   about   99.9   percent  of   the                                                               
population. The  big breakthrough came  in 1999, when  STR (short                                                               
tandem repeat)  typing became available, which  involves analysis                                                               
of 13  different markers on the  DNA molecule. In 1997,  all labs                                                               
began using  this one  technique so  they could  create databases                                                               
and  exchange information.  Prior to  that time,  there wasn't  a                                                               
consistent technology.                                                                                                          
                                                                                                                                
The mechanism that allows them  to store and compare DNA profiles                                                               
is  known  as CODIS  (combined  DNA  index  system), which  is  a                                                               
software package  the FBI  provides to  laboratories at  no cost.                                                               
CODIS  has two  indexes -  the Convicted  Offender Index  and the                                                               
Forensic  Index,   which  contains   crime  scene   evidence  DNA                                                               
profiles. There  is no personally identifying  information in the                                                               
database that  is uploaded into CODIS.  If there is a  hit on the                                                               
database, they have  to go to another database to  find out where                                                               
the sample came from.                                                                                                           
                                                                                                                                
The primary  purpose of CODIS is  to identify suspects and  it is                                                               
done  by  searching  and comparing  the  convicted  offender  DNA                                                               
database  against  the  forensic  database.  Law  enforcement  is                                                               
notified if  a match occurs  and they determine  the significance                                                               
of it.                                                                                                                          
                                                                                                                                
SENATOR OGAN asked why they have to retain the DNA material.                                                                    
                                                                                                                                
MR. BEHEIM explained that it  is primarily for quality assurance.                                                               
When  they achieve  a match  in the  database, they  go back  and                                                               
retrieve the  original sample  and retype it  to make  sure there                                                               
hasn't been  any sample  switching. Contract  labs are  used, but                                                               
they  deal with  thousands  and thousands  of  samples. When  law                                                               
enforcement is  notified, they want  an additional sample  to use                                                               
in any legal proceedings.                                                                                                       
                                                                                                                                
SENATOR FRENCH said he could  see his concern about future misuse                                                               
of the  sample and  keeping a sample  here, at  least, guarantees                                                               
that the evidence being used is from the right person.                                                                          
                                                                                                                                
MR.  BEHEIM  said  currently  they  have  about  3,200  convicted                                                               
offender  profiles in  the  database and  DNA  profiles from  165                                                               
unsolved crimes (17 homicides, 91  sexual assaults, 48 burglaries                                                               
and 9  miscellaneous). The database has  helped enormously. Since                                                               
April 30,  they have had  30 hits in  the database; 15  hits have                                                               
matched unsolved  crimes to specific  convicted offenders;  15 of                                                               
them have linked  cases together showing the  same perpetrator is                                                               
involved.                                                                                                                       
                                                                                                                                
Currently,  Alaska's   DNA  database  law  is   very  weak;  only                                                               
Connecticut's is weaker. When Oregon  expanded their DNA database                                                               
to collect  from all felons, their  hits went up 400  percent. If                                                               
we can have  a similar success rate, many crimes  will be cleared                                                               
up. We are  hampered now because our law is  not retroactive, but                                                               
40 other states  do have retroactive DNA laws.  Under Alaska law,                                                               
you can't  compare a sample for  a crime unless it  was committed                                                               
after 1996.                                                                                                                     
                                                                                                                                
CHAIR SEEKINS held CSHB 49(JUD) for further work.                                                                               
                                                                                                                                
     CSSB  30(JUD)-ABORTION: INFORMED CONSENT; INFORMATION                                                                  
                                                                                                                                
CHAIR  SEEKINS  announced   CSSB  30(JUD)  to  be   back  up  for                                                               
consideration.                                                                                                                  
                                                                                                                                
MS. DEBBIE  JOSLIN, Delta Junction  resident, urged them  to pass                                                               
the bill. When  she was advised to have an  abortion, she was not                                                               
given all the facts that should have been made available to her.                                                                
                                                                                                                                
MS.  LINDA  BOWDRE,  Delta Junction  resident,  supported  SB  30                                                               
saying that not everyone knows about medical procedures.                                                                        
                                                                                                                                
MS. RUTH ABBOTT, Delta Junction  resident, supported SB 30 saying                                                               
that  it   is  about  empowering   women  and   respecting  their                                                               
intelligence enough to  give them the tools necessary  to make an                                                               
educated choice.                                                                                                                
                                                                                                                                
MS. TIANA SHAWVER, Delta Junction  resident, said that she didn't                                                               
want to have children, but that  she couldn't live with the guilt                                                               
and depression  that would  probably follow  if she  got pregnant                                                               
and had  an abortion.  She supported  SB 30  so that  women could                                                               
make informed decisions.                                                                                                        
                                                                                                                                
MS. ANNE HARRISON, State Board  of Planned Parenthood, opposed SB
30,   because  it   is  unnecessary.   Since   the  70s,   health                                                               
professionals have  counseled women about options,  resources and                                                               
ramifications regarding any pregnancy,  planned or unplanned. She                                                               
has  counseled thousands  of  women. They  do  have a  pro-choice                                                               
stand,  but that  is not  to be  understood as  pro-abortion. She                                                               
felt  the  intent  of  SB  30   was  to  dissuade  a  woman  from                                                               
terminating  a  pregnancy.  She said  that  there  is  testimony,                                                               
possibly from  hearsay, that  many woman  who have  had abortions                                                               
are  depressed   and  taking  medication,  but   many  women  are                                                               
depressed and take  medication and have never had  an abortion to                                                               
feel such guilt over.                                                                                                           
                                                                                                                                
3:20 p.m.                                                                                                                     
                                                                                                                                
CHAIR  SEEKINS   asked  if  she   was  saying  that   all  health                                                               
professionals now  provide the information  that this  bill would                                                               
require.                                                                                                                        
                                                                                                                                
MS. HARRISON  responded that she  thought this bill had  a strong                                                               
bias. "It  is meant to shame  and instill guilt. It  is not meant                                                               
to inform."                                                                                                                     
                                                                                                                                
She thought  this information was  already presented by  those in                                                               
family planning  clinics and obstetrician's offices  (not general                                                               
practitioners).                                                                                                                 
                                                                                                                                
SENATOR THERRIAULT  asked her to point  to the areas in  the bill                                                               
that she thought were meant to shame a woman.                                                                                   
                                                                                                                                
MS. HARRISON  replied that she didn't  have the bill in  front of                                                               
her at this time.                                                                                                               
                                                                                                                                
SENATOR THERRIAULT  said he  was supportive of  the bill,  but if                                                               
she could pinpoint  specific areas, he would work  on language to                                                               
make  it better.  He  said the  bill  included information  about                                                               
letting a woman  know that a father is liable  for the support of                                                               
the child if it's taken to term.                                                                                                
                                                                                                                                
CHAIR SEEKINS  thanked everyone  for their  comments and  said he                                                               
would hold the bill.                                                                                                            
3:25 - 3:29 p.m. - at ease                                                                                                      
                                                                                                                                
     CSSB  85(STA)-REPEAT SERIOUS SEX OFFENSES/VICTIM COMP.                                                                 
                                                                                                                                
CHAIR  SEEKINS  announced   CSSB  85(STA)  to  be   back  up  for                                                               
consideration. He noted  that it had picked up a  referral to the                                                               
Finance Committee based  on the long-term cost of  jail terms and                                                               
the increased sentence it would impose.                                                                                         
                                                                                                                                
SENATOR ELLIS moved to pass  CSSB 85(STA) from committee with the                                                               
accompanying fiscal notes with individual recommendations.                                                                      
                                                                                                                                
SENATOR  OGAN objected  saying that  if  they are  going to  have                                                               
repeat offenders going to jail for  a long time, that they should                                                               
be going for something more than circumstantial evidence.                                                                       
                                                                                                                                
SENATOR THERRIAULT  commented that  since their  last discussion,                                                               
the Department of Corrections  revised their indeterminate fiscal                                                               
note and  the Public  Defender's Office  submitted a  fiscal note                                                               
that  shows  an  immediate  indeterminate  fiscal  impact.    The                                                               
Finance Committee would have to  evaluate what the potential cost                                                               
would be.                                                                                                                       
                                                                                                                                
SENATOR OGAN  removed his objection  and CSSB 85(STA)  moved from                                                               
committee. There  being no  further business  to come  before the                                                               
committee, Chair Seekins adjourned the meeting at 3:32 p.m.                                                                     

Document Name Date/Time Subjects