03/14/2018 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB208 | |
| SB124 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 124 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 208 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 14, 2018
1:32 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Mia Costello
Senator Pete Kelly
Senator Bill Wielechowski
Senator Mike Shower
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 208
"An Act relating to trusts and powers of appointment; and
providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 124
"An Act relating to the duties of physicians and health care
practitioners when performing or inducing abortions; providing
that a child removed from a pregnant woman's womb alive after an
abortion may be surrendered and found to be a child in need of
aid; and providing for an effective date."
- MOVED SB 124 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 124
SHORT TITLE: ABORTION PROCEDURES; CHILD SURRENDER
SPONSOR(s): SENATOR(s) GIESSEL
01/16/18 (S) PREFILE RELEASED 1/8/18
01/16/18 (S) READ THE FIRST TIME - REFERRALS
01/16/18 (S) HSS, JUD
02/19/18 (S) HSS AT 1:30 PM BUTROVICH 205
02/19/18 (S) Moved SB 124 Out of Committee
02/19/18 (S) MINUTE(HSS)
02/21/18 (S) HSS RPT 1DP 1DNP 3NR
02/21/18 (S) NR: WILSON, VON IMHOF, MICCICHE
02/21/18 (S) DP: GIESSEL
02/21/18 (S) DNP: BEGICH
02/21/18 (S) FIN REFERRAL ADDED AFTER JUD
03/07/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/07/18 (S) Heard & Held
03/07/18 (S) MINUTE(JUD)
03/09/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/09/18 (S) -- MEETING CANCELED --
03/12/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/12/18 (S) Heard & Held
03/12/18 (S) MINUTE(JUD)
03/14/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 208
SHORT TITLE: TRUSTS; COMM PROP TRUSTS; POWERS OF APPT
SPONSOR(s): REPRESENTATIVE(s) JOHNSON
03/31/17 (H) READ THE FIRST TIME - REFERRALS
03/31/17 (H) JUD
04/10/17 (H) JUD AT 1:00 PM GRUENBERG 120
04/10/17 (H) Scheduled but Not Heard
04/12/17 (H) JUD AT 1:00 PM GRUENBERG 120
04/12/17 (H) Heard & Held
04/12/17 (H) MINUTE(JUD)
04/14/17 (H) JUD AT 1:00 PM GRUENBERG 120
04/14/17 (H) Moved HB 208 Out of Committee
04/14/17 (H) MINUTE(JUD)
04/15/17 (H) JUD RPT 2DP 5NR
04/15/17 (H) DP: KOPP, CLAMAN
04/15/17 (H) NR: EASTMAN, FANSLER, KREISS-TOMKINS,
LEDOUX, REINBOLD
05/10/17 (H) TRANSMITTED TO (S)
05/10/17 (H) VERSION: HB 208
05/11/17 (S) READ THE FIRST TIME - REFERRALS
05/11/17 (S) L&C, JUD
01/30/18 (S) L&C AT 1:00 PM BELTZ 105 (TSBldg)
01/30/18 (S) Moved HB 208 Out of Committee
01/30/18 (S) MINUTE(L&C)
01/31/18 (S) L&C RPT 2DP 2NR
01/31/18 (S) DP: COSTELLO, MEYER
01/31/18 (S) NR: MICCICHE, GARDNER
02/19/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/19/18 (S) Heard & Held
02/19/18 (S) MINUTE(JUD)
02/21/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/21/18 (S) Heard & Held
02/21/18 (S) MINUTE(JUD)
02/26/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/26/18 (S) Scheduled but Not Heard
03/14/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
KAREN LEWIS, Director
Pro-Life Alaska
MatSu, Alaska
POSITION STATEMENT: Testified in support of SB 124.
RICK SMALL
Abolitionist Society of Anchorage
Palmer, Alaska
POSITION STATEMENT: Suggested amending SB 124 and replacing it
with HB 250.
BARBARA ANDERSON
Accountability Alliance
Seward, Alaska
POSITION STATEMENT: Testified in support of SB 124.
JEFF LANDFIELD, representing self
Anchorage, Alaska
POSITION STATEMENT: During the hearing on SB 124, urged the
committee to adopt policies that allow women to have access to
contraception.
ACTION NARRATIVE
1:32:54 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:32 p.m. Present at the call to
order were Senators Wielechowski, Costello, Shower, Kelly, and
Chair Coghill.
HB 208-TRUSTS; COMM PROP TRUSTS; POWERS OF APPT
1:33:48 PM
CHAIR COGHILL announced the consideration of HB 208. He advised
that several new amendments came to the committee very recently
and he hadn't been able to review them. He would take public
testimony but would hold the bill.
1:35:48 PM
RICHARD HOMPESCH, representing self, Hompesch Evans & Averett,
Fairbanks, Alaska, said he was prepared to testify against the
five proposed amendments. He'd hold his comments if more
amendments are forthcoming.
CHAIR COGHILL said his intention is to share the amendments with
interested parties and act on the bill during the next meeting.
1:36:37 PM
MATTHEW BLATTMACHR, Vice President and Trust Officer, Peak Trust
Company, Anchorage, Alaska, said he was prepared to discuss the
proposed amendments, but would hold his comments until the next
hearing.
CHAIR COGHILL asked Senator Wielechowski if he was contemplating
more than two amendments.
1:37:11 PM
SENATOR WIELECHOWSKI said his office has been working with Mr.
Shaftel to address the concerns he articulated [on February 21].
His advised that he had five amendments drafted and he met via
teleconference with other trust lawyers and came away with an
agreement on two of the amendments. However, about 40 minutes
ago he received an email from those trust attorneys saying they
did not support any of the amendments. He said it's a complex
area of law and he relies on the experts in the field to ensure
that any proposed legislation protects Alaskans and those who
are beneficiaries. He said he would continue the discussions to
see if consensus is possible on any of the issues.
SENATOR WIELECHOWSKI summarized the proposed amendments.
Amendment 3 amends bill Section 14 using language of the Uniform
Trust Decanting Act and requiring a trustee have full fiduciary
obligations to all beneficiaries instead of just one.
Proposed Amendment 4 amends bill Section 20 and requires the
fiduciary to give notice to each beneficiary.
Proposed Amendment 5 amends the new language in bill Section 21
and clarifies that only the settlor may authorize the trustee to
exercise the power to decant without notice to any
beneficiaries.
SENATOR WIELECHOWSKI said the theme behind all three amendments
is to protect the beneficiaries by making sure they have notice
and that the trustee is acting in a fiduciary capacity.
CHAIR COGHILL said the amendments would be considered in a
future meeting. He commented that the decanting provision seems
to be the most contentious issue.
1:41:33 PM
CHAIR COGHILL held HB 208 in committee for future consideration.
SB 124-ABORTION PROCEDURES; CHILD SURRENDER
1:41:54 PM
CHAIR COGHILL announced the consideration of SB 124 and noted
that public testimony was open.
1:42:47 PM
KAREN LEWIS, Director, Pro-Life Alaska, MatSu, Alaska, testified
in support of SB 124. She opined that it's insanity to discuss a
bill that "would give babies a chance while their mother and
attending abortionists are trying to kill them." She spoke
against abortion and against Planned Parenthood. She said
abortion is a billion-dollar industry and she looks forward to
the day that Roe is overturned.
1:45:38 PM
RICK SMALL, Abolitionist Society of Anchorage, Palmer, Alaska,
said he was representing the Lord Jesus Christ. He argued that
the Supreme Court is not God, that Roe v. Wade is not law, and
that it has no jurisdiction and is of no effect in Alaska. "They
were wrong in 1857 with the Dred Scott decision and they were
wrong in 1973 and we need to ignore it." He suggested that if
the committee was interested in true justice it would amend SB
124 to adopt the exact language of HB 250. He concluded saying,
"God is real he is there, and he is neither silent nor sitting
still. He is doing something, and you are either with him or you
are against him."
1:49:37 PM
BARBARA ANDERSON, Accountability Alliance, Seward, Alaska, put
her child on phone and had a conversation about babies relative
to SB 124. She summarized that her daughter was explaining that
her mother had told her about abortion and she didn't think that
should ever happen. Ms. Anderson told the committee that God had
ordained them as authority in the state. She asked them to fear
God rather than men and stop regulating murder. She urged the
committee to amend SB 124 and replace it with HB 250.
1:52:42 PM
JEFF LANDFIELD, representing self, Anchorage, Alaska, urged the
committee to adopt policies that allow women to have access to
contraception. He read the definition of abortion from the
"Merriam Webster Dictionary" and said he understands what the
sponsor is trying to do, but if the goal is fewer abortions the
government should focus on improving access to contraception.
CHAIR COGHILL noted who was available to answer questions.
CHAIR COGHILL closed public testimony and solicited a motion.
1:54:47 PM
SENATOR COSTELLO moved to report SB 124, version U, from
committee with individual recommendations and attached fiscal
note(s).
1:55:10 PM
SENATOR WIELECHOWSKI objected. He said this bill is unusual in
that it has opposition from both Alaska Right to Life and
Planned Parenthood, although the reasons are different. He said
he has received over 100 emails regarding the bill and at least
95 percent were opposed to the legislation. Similarly, people on
both sides testified on the bill and his calculation shows that
95 percent opposed the bill. From a legal perspective, which is
this committee's focus, he can't imagine that it is in any way
constitutional. He said he recognizes that some people disagree,
but the U.S. Supreme Court and the Alaska Supreme Court have
found that abortion is constitutional. Because it is a
constitutional right, it is important to look carefully on
impeding on that right. The bill forces a physician who is
terminating a pregnancy to use "the best opportunity for the
child to survive." The committee heard there are two ways a
child could survive an abortion. One is induced labor and
according to the 2016 "Alaska Induced Pregnancy Statistics" that
is not a form of abortion.
The one form of abortion an unborn child could survive is a
hysterotomy or cesarean section ("C-section"). Arguably, the
bill requires every woman who has an abortion in the state of
Alaska to undergo a C-section. He said that is major surgery and
there is no way that the Supreme Court will say it's
constitutional. The litigation will be very expensive, just as
it has in past challenges.
He pointed out that the youngest a fetus has survived is 21
weeks and four days, and that information in the packet from the
Department of Health and Social Services says that "99.5 percent
of induced terminations in Alaska were performed at 13 weeks or
less gestational age." Looking at the numbers of abortions in
the last five years shows that this would apply in very few
instances. In most years it would be zero.
SENATOR WIELECHOWSKI said he believes that SB 124 is
unconstitutional, and it enjoys wide opposition on both sides of
the abortion issue. Respectfully, it should not move forward.
1:59:32 PM
SENATOR COSTELLO asked for clarification of the definition of
"abandoned the child" because it seems inconsistent that the
language on page 2 says abortion is not abandoning the child.
CHAIR COGHILL offered his perspective that the court can find
the child is abandoned and the statutory direction is that the
child can be surrendered as a child in need of aid. That is the
choice of the person giving birth.
SENATOR COSTELLO said she understands that is the choice, but it
seems that that decision was made prior to seeking the abortion.
She said it's not enough to hold the bill but the way it's
drafted is confusing.
CHAIR COGHILL said his staff will track that and all committee
members will be apprised.
He opined that the opposition from Right to Life people is
because the bill does not go far enough. He continued,
For those of us who live in the land where the courts
have made laws and we're trying to live under that
law, we have to do what we can under that law. So it's
incremental movement, that is true. It's trying to
value a life, that is true. But it's also trying to
value the choice of the woman that has been given that
right. But we're also trying to value the life the
best we know how as I understand it under this law.
Those who oppose it think that an abortion should
always result in the death of the fetus as they call
it. There's just many of us that disagree with that so
we're looking for every way we can - I say we because
I'm going to support this bill - to give the doctor
tools to say that that life could be valued and be
surrendered for a chance to live even if it's under
the state protection.
2:04:04 PM
CHAIR COGHILL called for a roll call vote on SB 124.
A roll call vote was taken. Senators Shower, Kelly, Costello,
and Coghill voted in favor of moving SB 124 from committee and
Senator Wielechowski voted against it. Therefore, SB 124 moved
from the Senate Judiciary Standing Committee by a 4:1 vote.
2:05:10 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 2:05 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 208 - Amendments A.1 & A.2.pdf |
SJUD 3/14/2018 1:30:00 PM |
HB 208 |