Legislature(1995 - 1996)
1996-03-25 Senate Journal
Full Journal pdf1996-03-25 Senate Journal Page 2875 SB 105 CS FOR SENATE BILL NO. 105(FIN) An Act relating to a requirement that a parent, guardian, or custodian consent before certain minors receive an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of `abortion'; and amending Alaska Rules of Civil Procedure 40 and 79; Alaska Rules of Appellate Procedure 204, 210, 212, 213, 508, and 512.5; and Alaska Administrative Rule 9 which had been held from March 22 (page 2826) was before the Senate on reconsideration. Senator Adams moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Senator Halford objected, then withdrew his objection. There being no further objections, the bill was returned to second reading. 1996-03-25 Senate Journal Page 2876 SB 105 Senator Adams offered Amendment No. 1 : Page 1, line 7, following "Rule 9": Insert "; and providing for an effective date" Page 3, following line 2: Insert a new bill section to read: "* Sec. 3. AS18.16.010(a) is amended to read: (a) An abortion may not be performed in this state unless (1) the abortion is performed by a physician or surgeon licensed by the State Medical Board under AS08.64.200; (2) the abortion is performed in a hospital or other facility approved for the purpose by the Department of Health and Social Services or a hospital operated by the federal government or an agency of the federal government; (3) consent has been received from the parent or guardian of an unmarried woman less than 18 years of age ªBEFORE AN ABORTION IS KNOWINGLY PERFORMED ON AN UNMARRIED, UNEMANCIPATED WOMAN UNDER 16 YEARS OF AGE, CONSENT HAS BEEN GIVEN ASREQUIRED UNDER AS18.16.020 OR A COURT HAS AUTHORIZED THE MINOR TO CONSENT TO THE ABORTION UNDER AS18.16.030 AND THE MINOR CONSENTS; FOR PURPOSES OF ENFORCING THIS PARAGRAPH, THERE IS A REBUTTABLE PRESUMPTION THAT A WOMAN WHO IS UNMARRIED AND UNDER 16 YEARS OF AGE IS UNEMANCIPATEDß; and (4) the woman is domiciled or physically present in the state for 30 days before the abortion." Renumber the following bill sections accordingly. Page 3, following line 24: Insert a new bill section to read: "* Sec. 5. AS18.16.010 is amended by adding a new subsection to read: (h) In this section, "abortion" means an operation or procedure to terminate the pregnancy of a nonviable fetus." 1996-03-25 Senate Journal Page 2877 SB 105 Renumber the following bill sections accordingly. Page 9, following line 4: Insert new bill sections to read: "* Sec. 8. AS44.21.410(a) is amended to read: (a) The office of public advocacy shall (1) perform the duties of the public guardian under AS13.26.360 - 13.26.410; (2) provide visitors and experts in guardianship proceedings under AS13.26.131; (3) provide guardian ad litem services to children in child protection actions under AS47.17.030(e) and to wards and respondents in guardianship proceedings who will suffer financial hardship or become dependent upon a government agency or a private person or agency if the services are not provided at state expense under AS13.26.112; (4) provide legal representation ªIN CASES INVOLVING JUDICIAL BYPASS PROCEDURES FOR MINORS SEEKING ABORTIONS UNDER AS18.16.030,ß in guardianship proceedings to respondents who are financially unable to employ attorneys under AS13.26.106(b), to indigent parties in cases involving child custody in which the opposing party is represented by counsel provided by a public agency, to indigent parents or guardians of a minor respondent in a commitment proceeding concerning the minor under AS47.30.775; (5) provide legal representation and guardian ad litem services under AS25.24.310; in cases arising under AS47.15 (Uniform Interstate Compact on Juveniles); in cases involving petitions to adopt a minor under AS25.23.125(b) or petitions for the termination of parental rights on grounds set out in AS25.23.180(c)(3); in cases involving petitions to remove the disabilities of a minor under AS09.55.590; in children's proceedings under AS47.10.050(a); and in cases involving indigent persons who are entitled to representation under AS18.85.100 and who cannot be represented by the public defender agency because of a conflict of interests; 1996-03-25 Senate Journal Page 2878 SB 105 (6) develop and coordinate a program to recruit, select, train, assign, and supervise volunteer guardians ad litem from local communities to aid in delivering services in cases in which the office of public advocacy is appointed as guardian ad litem; (7) provide guardian ad litem services in proceedings under AS12.45.046; (8) establish a fee schedule and collect fees for services provided by the office, except as provided in AS18.85.120 or when imposition or collection of a fee is not in the public interest as defined under regulations adopted by the commissioner of administration; (9) provide visitors and guardians ad litem in proceedings under AS47.30.839; (10) provide legal representation to indigent parents under AS14.30.195(e). * Sec. 9. Section 1 of this Act, AS18.16.010(e), 18.16.010(f), 18.16.010(g), 18.16.020, 18.16.030, and 18.16.090 are repealed two years after the effective date of sec. 1 of this Act." Renumber the following bill sections accordingly. Page 9, lines 6, 8, 12 and 14: Delete "sec. 4" Insert "sec. 6" Page 9, following line 16: Insert a new bill section to read: "* Sec. 15. Sections 3, 5, and 8 of this Act take effect two years after the effective date of sec. 1 of this Act." Senator Adams moved for the adoption of Amendment No. 1. Senator Halford objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: 1996-03-25 Senate Journal Page 2879 SB 105 CSSB 105(FIN) Second Reading Amendment No. 1 YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Frank, Green, Halford, Hoffman, Kelly, Leman, Miller, Rieger, Sharp, Taylor Nays: Duncan, Ellis, Lincoln, Pearce, R.Phillips, Salo, Torgerson, Zharoff Kelly changed from "Nay" to "Yea". Halford changed from "Nay" to "Yea". and so, Amendment No. 1 was adopted. CS FOR SENATE BILL NO. 105(FIN) am was automatically in third reading. The question to be reconsidered: Shall CS FOR SENATE BILL NO. 105(FIN) am An Act relating to a requirement that a parent, guardian, or custodian consent before certain minors receive an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of `abortion'; and amending Alaska Rules of Civil Procedure 40 and 79; Alaska Rules of Appellate Procedure 204, 210, 212, 213, 508, and 512.5; and Alaska Administrative Rule 9; and providing for an effective date pass the Senate? The roll was taken with the following result: 1996-03-25 Senate Journal Page 2880 SB 105 CSSB 105(FIN) am Third Reading - On Reconsideration Effective Date Court Rules YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Hoffman, Kelly, Leman, Miller, R.Phillips, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Lincoln, Pearce, Rieger, Salo, Zharoff and so, CS FOR SENATE BILL NO. 105(FIN) am passed the Senate on reconsideration. Senator Halford moved for the adoption of the effective date clause. Senator Halford moved and asked unanimous consent to withdraw his previous motion. Without objection, it was so ordered. Senator Halford moved that the Senate rescind its previous action in passing CS FOR SENATE BILL NO. 105(FIN) am on reconsideration. The question being: Shall the Senate rescind its previous action in passing CS FOR SENATE BILL NO. 105(FIN) am? The roll was taken with the following result: CSSB 105(FIN) am Rescind Previous Action YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, the Senate rescinded its previous action. CS FOR SENATE BILL NO. 105(FIN) am was before the Senate on reconsideration. 1996-03-25 Senate Journal Page 2881 SB 105 Senator Halford moved and asked unanimous consent that the Senate return to second reading for the purpose of rescinding its previous action in adopting Amendment No. 1 (page 2879). Senator Adams objected, then withdrew his objection. There being no further objections, the bill was returned to second reading. Senator Halford moved that the Senate rescind its previous action in adopting Amendment No. 1. The question being: Shall the Senate rescind its previous action in adopting Amendment No. 1? The roll was taken with the following result: CSSB 105(FIN) am Rescind Previous Action Amendment No. 1 YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Salo, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Rieger, Zharoff and so, the Senate rescinded its previous action. Senator Halford moved and asked unanimous consent that the record reflect the reference to CS FOR SENATE BILL NO. 250(FIN) am (previous vote) be CS FOR SENATE BILL NO. 105(FIN) am. Without objection, it was so ordered. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: 1996-03-25 Senate Journal Page 2882 SB 105 CSSB 105(FIN) Second Reading Amendment No. 1 YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Hoffman, Lincoln, Rieger Nays: Ellis, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Salo, Sharp, Taylor, Torgerson, Zharoff and so, Amendment No. 1 failed. CS FOR SENATE BILL NO. 105(FIN) was automatically in third reading. The question to be reconsidered is: Shall CS FOR SENATE BILL NO. 105(FIN) An Act relating to a requirement that a parent, guardian, or custodian consent before certain minors receive an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of `abortion'; and amending Alaska Rules of Civil Procedure 40 and 79; Alaska Rules of Appellate Procedure 204, 210, 212, 213, 508, and 512.5; and Alaska Administrative Rule 9 pass the Senate? The roll was taken with the following result: CSSB 105(FIN) Third Reading - On Reconsideration Court Rule Changes YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Pearce, Rieger, Salo, Zharoff and so, CS FOR SENATE BILL NO. 105 (FIN) failed the Senate on reconsideration and was referred to the Secretary for filing.