Legislature(2023 - 2024)GRUENBERG 120

04/17/2024 01:00 PM House JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 15 Minutes Following Session --
+= HB 386 OBSTRUCTION OF PUBLIC PLACES; TRESPASSING TELECONFERENCED
Moved CSHB 386(JUD) Out of Committee
-- Public Testimony --
+= HB 338 PHYS LBLTY: GENDER TRANS PROCEDURE;MINORS TELECONFERENCED
Moved HB 338 Out of Committee
-- Public Testimony --
+= HB 105 SEX/REPRODUCTION EDUCATION; SCHOOLS TELECONFERENCED
Moved CSHB 105(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
        HB 338-PHYS LBLTY: GENDER TRANS PROCEDURE;MINORS                                                                    
                                                                                                                                
1:54:10 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE announced  that the first order of  business would be                                                               
HOUSE BILL NO.  338, "An Act relating to  physician liability for                                                               
gender transition  procedures performed on minors;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
CHAIR VANCE opened public testimony on HB 338.                                                                                  
                                                                                                                                
1:54:43 PM                                                                                                                    
                                                                                                                                
MORGAN  LIM,  Government  Relations Manager,  Planned  Parenthood                                                               
Alliance  Advocates,  testified in  opposition  to  HB 338.    He                                                               
stated  that PPAA  strongly opposes  HB  338, a  bill that  would                                                               
increase   physicians'   liability    for   providing   necessary                                                               
healthcare and  result in a  severe chilling affect  that further                                                               
limits transgender ("trans") youth access  to care.  He urged the                                                               
committee to consider  the human costs of the bill  and oppose HB
338, thereby  ensuring that Alaska  is a state that  respects and                                                               
protects the dignity of its residents.                                                                                          
                                                                                                                                
1:56:08 PM                                                                                                                    
                                                                                                                                
DONNA  FLEMING, representing  self,  testified in  support of  HB
338.   She shared a  personal anecdote and expressed  her support                                                               
for Section 3 of the bill.                                                                                                      
                                                                                                                                
1:57:27 PM                                                                                                                    
                                                                                                                                
CAROL  HABEGER, representing  self,  testified in  support of  HB
338.   She  said  she  supports the  bill,  as  children are  not                                                               
capable of  making this life threatening,  life changing decision                                                               
until  their  brains  are  fully  developed.    She  opined  that                                                               
physicians should be held accountable until the age of 25.                                                                      
                                                                                                                                
1:58:59 PM                                                                                                                    
                                                                                                                                
MELISSA ZAHASKY,  representing self,  testified in support  of HB
338.  She  shared a personal anecdote and  opined that physicians                                                               
facilitating gender reassignment must  be held liable for damages                                                               
incurred.                                                                                                                       
                                                                                                                                
1:59:54 PM                                                                                                                    
                                                                                                                                
CAROL ROSE,  representing self, testified  in support of  HB 338.                                                               
She  shared  a personal  anecdote  and  opined that  [physicians]                                                               
should be held accountable for altering a child's life.                                                                         
                                                                                                                                
2:01:14 PM                                                                                                                    
                                                                                                                                
KATRINA MITCHELL,  representing self, testified in  support of HB
338.   She urged the  committee to  implement the bill  to ensure                                                               
that  children are  not victims  of intense  social pressure  and                                                               
hasty decisions.                                                                                                                
                                                                                                                                
2:02:40 PM                                                                                                                    
                                                                                                                                
ADENA  COMPTON, representing  self,  testified in  support of  HB
338.   She  referenced a  data leak  from the  World Professional                                                               
Association  for  Transgender  Health  (WPATH)  that  highlighted                                                               
numerous concerns  about gender  affirming care.   She reiterated                                                               
her support for the bill.                                                                                                       
                                                                                                                                
2:04:10 PM                                                                                                                    
                                                                                                                                
MARIE  MESSING, representing  self,  testified in  support of  HB
338.   She  expressed concern  about the  ability of  children to                                                               
provide informed consent in the WPATH standard of care.                                                                         
                                                                                                                                
2:05:43 PM                                                                                                                    
                                                                                                                                
BRIAN  MESSING, representing  self,  testified in  support of  HB
338.   He urged the legislature  to implement the bill  to ensure                                                               
that  physicians  are  liable for  gender  transition  procedures                                                               
performed on minors.                                                                                                            
                                                                                                                                
2:08:29 PM                                                                                                                    
                                                                                                                                
GRIFFEN SUKKAEW,  representing self,  testified in support  of HB
338.    He addressed  a  question  asked by  Representative  Gray                                                               
during the  previous bill hearing,  stating that he himself  is a                                                               
happy  transgender man  who was  lucky enough  to get  on hormone                                                               
replacement therapy (HRT)  at the age of 17.   He stated that the                                                               
bill would make it harder for  many trans children to acquire HRT                                                               
and lead to irreversible harm.                                                                                                  
                                                                                                                                
2:09:55 PM                                                                                                                    
                                                                                                                                
SENECA ROACH,  representing self,  testified in opposition  to HB
338.   He said  whatever the  objective, the  main effect  of the                                                               
legislation   would    be   to   disincentivize    medical   care                                                               
practitioners  and  organizations  from treating  patients.    He                                                               
urged the committee to vote "no" on the proposed legislation.                                                                   
                                                                                                                                
2:11:21 PM                                                                                                                    
                                                                                                                                
BILL DEAN,  representing self,  testified in  support of  HB 338.                                                               
He questioned  how a child could  make a wise decision  given all                                                               
the propaganda and influence from peers and teachers.                                                                           
                                                                                                                                
2:12:50 PM                                                                                                                    
                                                                                                                                
ALEXANDER ROSALES, representing self,  testified in support of HB
338.     He  likened  gender   reassignment  surgery   to  gender                                                               
mutilation and urged the legislature to leave the kids alone.                                                                   
                                                                                                                                
2:13:47 PM                                                                                                                    
                                                                                                                                
MONICA WHITMAN, representing self,  testified in opposition to HB
338.  She  said Alaskans have made it clear  that they don't want                                                               
the government  involved in  their healthcare.   She  opined that                                                               
creating  an   environment  where   physicians  are   told  which                                                               
treatments  they can  and can't  do based  on what  the political                                                               
group in power is suggesting is bad for business.                                                                               
                                                                                                                                
2:15:15 PM                                                                                                                    
                                                                                                                                
TIMOTHY  BARTO, representing  self,  testified in  support of  HB
338.  He  said the bill is designed to  protect the mutilation of                                                               
children by holding medical providers  responsible for the damage                                                               
inflicted  on children  as  a result  of  a current  sociological                                                               
trend.  He urged a "yes" vote on HB 338.                                                                                        
                                                                                                                                
2:16:39 PM                                                                                                                    
                                                                                                                                
LINDSEY BANNING,  representing self,  testified in  opposition to                                                               
HB 338.   She said the bill is designed  to make gender affirming                                                               
care out of  reach for trans youth in Alaska  because the sponsor                                                               
has strong feelings  about trans kids and their  healthcare.  She                                                               
urged  the legislature  to keep  politics out  of healthcare  and                                                               
vote "no" on HB 338.                                                                                                            
                                                                                                                                
2:18:02 PM                                                                                                                    
                                                                                                                                
JOSH  SMITH, representing  self,  testified in  opposition to  HB
338.  He said by increasing  the statute of limitations, the bill                                                               
would  make healthcare  unachievable for  kids that  need it  the                                                               
most.                                                                                                                           
                                                                                                                                
2:19:28 PM                                                                                                                    
                                                                                                                                
STEPHANIE UZZELL,  representing self, testified in  opposition to                                                               
HB 338.   She said  the bill clearly  singles out trans  kids, as                                                               
evidenced  by  the  attempt at  criminalizing  medical  care  for                                                               
children.  She  said she is appalled at some  of the language and                                                               
that children have a right to autonomy.                                                                                         
                                                                                                                                
2:20:47 PM                                                                                                                    
                                                                                                                                
JESSE  SAIKI, representing  self, testified  in opposition  to HB
338.   She urged  the committee  not to  support the  bill, which                                                               
aims to  limit access  to trans  healthcare and  gender affirming                                                               
services.                                                                                                                       
                                                                                                                                
2:22:04 PM                                                                                                                    
                                                                                                                                
DAVID LESLIE,  representing self,  testified in opposition  to HB
338.    He opined  that  the  bill  is  racist and  goes  against                                                               
traditional  Alaska  Native  cultural ways,  which  has  multiple                                                               
genders  outside the  binary  Gender.   He  said  the bill  would                                                               
affect employment  in the state  and was being  deliberately used                                                               
to attack vulnerable people.                                                                                                    
                                                                                                                                
2:23:10 PM                                                                                                                    
                                                                                                                                
JASON  LAND, representing  self,  testified in  opposition to  HB
338.  He  said HB 338 is  an attack on trans kids  and an attempt                                                               
to scare doctors away from saving kids.                                                                                         
                                                                                                                                
2:24:30 PM                                                                                                                    
                                                                                                                                
ROSE HART, representing self, testified  in opposition to HB 338.                                                               
She said the bill is  obviously designed to make gender affirming                                                               
care  harder by  increasing liability  for gender  affirming care                                                               
providers.  She urged the committee not to support HB 338.                                                                      
                                                                                                                                
2:25:46 PM                                                                                                                    
                                                                                                                                
ERICA   STANNARD,  representing   self,   doctor,  testified   in                                                               
opposition to  HB 338.   She  said she  opposes the  bill because                                                               
patients, families,  and medical  professionals know  what's best                                                               
for  them.    She  urged  the committee  to  oppose  HB  338  and                                                               
requested that  they not  continue to  waste the  legislature and                                                               
public's   time  debating   care  for   lesbian,  gay   bisexual,                                                               
transgender, queer, or questioning ("LGBTQ+") youth.                                                                            
                                                                                                                                
2:26:51 PM                                                                                                                    
                                                                                                                                
CARLY JENSEN,  representing self,  testified in opposition  to HB
338.   She stated that  making doctors  more liable for  the care                                                               
they provide would  drive doctors out of the  state where medical                                                               
resources  are already  spread thin.   She  opined that  the bill                                                               
would further ostracize and harm the LGBTQ+ community.                                                                          
                                                                                                                                
2:27:57 PM                                                                                                                    
                                                                                                                                
ASHLYN JOHNSON, representing self,  testified in opposition to HB
338.   She  said the  bill threatens  to undermine  trust between                                                               
doctors  and  patients,  heightens   legal  risk  for  healthcare                                                               
providers,  discourages  [providers]   from  offering  lifesaving                                                               
treatment, and limits access to care for transgender minors.                                                                    
Moreover,  she opined  that allowing  legal action  for up  to 20                                                               
years  post  treatment  would  add   an  unreasonable  burden  on                                                               
healthcare providers,  potentially increase insurance  costs, and                                                               
deter specialists  from practicing in  the field.   She concluded                                                               
that the  bill would jeopardize  the future  of some of  the most                                                               
vulnerable youth.                                                                                                               
                                                                                                                                
2:29:29 PM                                                                                                                    
                                                                                                                                
NITHYA  THIRU, Queer  & Trans  Justice Program  Manager, American                                                               
Civil Liberties  Union of Alaska,  testified in opposition  to HB
338.  She  said the bill would make it  more likely that insurers                                                               
would not cover gender affirming  care for youth due to increased                                                               
liability, thereby adding another roadblock for trans people.                                                                   
                                                                                                                                
2:30:36 PM                                                                                                                    
                                                                                                                                
MO DART,  representing self, testified  in opposition to  HB 338.                                                               
She  said  the   bill  is  an  attempt  to   scare  away  medical                                                               
professionals  and  limit access  to  gender  affirming care  for                                                               
youth, which is another attack on queer youth.                                                                                  
                                                                                                                                
2:31:53 PM                                                                                                                    
                                                                                                                                
PAMELA  SAMASH, representing  self,  testified in  support of  HB
338.   She said  she is supportive  of parental  rights; however,                                                               
there is no  right to mutilate a child.   She urged the committee                                                               
to "end  this" to avoid  higher Medicaid payments down  the line,                                                               
and to protect [children's] health and future.                                                                                  
                                                                                                                                
2:33:18 PM                                                                                                                    
                                                                                                                                
XOCHITL MUNOZ,  representing self, testified in  opposition to HB
338.  She  shared a personal anecdote and urged  the committee to                                                               
talk to  trans people about  their experiences and to  oppose the                                                               
bill.                                                                                                                           
                                                                                                                                
2:34:23 PM                                                                                                                    
                                                                                                                                
JULIE  SMYTH, representing  self, testified  in opposition  to HB
338.  She urged the committee  to oppose the bill if they support                                                               
kids.                                                                                                                           
                                                                                                                                
2:35:47 PM                                                                                                                    
                                                                                                                                
REBECCA BERNARD,  representing self,  testified in  opposition to                                                               
HB  338.   She said  the bill  runs counter  to the  overwhelming                                                               
scientific  evidence and  medical opinion  that gender  affirming                                                               
care  is  medically necessary,  lifesaving  care  for many  trans                                                               
youths.   If passed, she said  the bill would be  an unacceptable                                                               
and    misinformed   intrusion    by   the    state   into    the                                                               
patient/physician  relationship  and  the right  of  parents  and                                                               
their children to make their own healthcare decisions.                                                                          
                                                                                                                                
2:37:11 PM                                                                                                                    
                                                                                                                                
KASEY MOW,  representing self,  testified in  support of  HB 338.                                                               
She urged the passage of HB  338 because minors' brains need time                                                               
to develop.  She urged  the committee to hold doctors accountable                                                               
for the  destruction of  a child's body  and the  harmful effects                                                               
that may follow this procedure.                                                                                                 
                                                                                                                                
2:38:26 PM                                                                                                                    
                                                                                                                                
SALIM  HOUCK, representing  self, testified  in opposition  to HB
338.   They shared a  personal anecdote and  expressed opposition                                                               
to   the   bill   because   patients,   families,   and   medical                                                               
professionals, not politicians, know what's  best for them.  They                                                               
requested   that   medical   decisions   be   left   to   medical                                                               
professionals.                                                                                                                  
                                                                                                                                
2:39:40 PM                                                                                                                    
                                                                                                                                
KC CASORT, representing self, testified  in opposition to HB 338.                                                               
She said  it's hard  enough to  be a kid,  and [children]  do not                                                               
need politicians making it harder  for trans kids by denying them                                                               
best practice medical care,  limiting providers, and stigmatizing                                                               
their care  by singling  it out as  somehow different  from other                                                               
types of medical care for young people.                                                                                         
                                                                                                                                
2:40:54 PM                                                                                                                    
                                                                                                                                
LILLIAN LENNON, representing self,  testified in opposition to HB
338.   She  said  the bill  could have  profound  effects on  the                                                               
health, safety,  and stigma  of trans people,  and is  an obvious                                                               
attempt  at intimidating  healthcare  professionals into  denying                                                               
gender affirming care for trans patients.                                                                                       
                                                                                                                                
2:42:51 PM                                                                                                                    
                                                                                                                                
ROSE  TITUS, representing  self,  testified in  opposition to  HB
338.  She expressed concern that  bills like HB 338 could lead to                                                               
targeting trans  adults, queer people, and  homeless communities,                                                               
and denying them medical care as well.                                                                                          
                                                                                                                                
2:43:53 PM                                                                                                                    
                                                                                                                                
JEANNE SWARTZ,  representing self, testified in  opposition to HB
338.    She said  the  bill  is  based  on fear,  ignorance,  and                                                               
prejudice, and  expressed concern that the  legislature is taking                                                               
up valuable time on frivolous legislation.                                                                                      
                                                                                                                                
2:44:54 PM                                                                                                                    
                                                                                                                                
ELEANOR LOCKE,  representing self, testified in  opposition to HB
338.   She shared  her personal  experience and  expressed strong                                                               
opposition to the bill.                                                                                                         
                                                                                                                                
2:46:03 PM                                                                                                                    
                                                                                                                                
ELEANOR LOCKE,  representing self, testified in  opposition to HB
338 because  it would  increase sex trafficking  in Alaska.   She                                                               
explained that  when trans youth cannot  access appropriate care,                                                               
they face lifelong discrimination  in employment and continuously                                                               
turn to sex work as a social safety net.                                                                                        
                                                                                                                                
2:46:59 PM                                                                                                                    
                                                                                                                                
WINDY  PERKINS, representing  self,  testified in  support of  HB
338.   She said the  bill is about holding  medical professionals                                                               
accountable for mutilating people's bodies.                                                                                     
                                                                                                                                
2:48:35 PM                                                                                                                    
                                                                                                                                
EMILY  COHEN, representing  self, testified  in opposition  to HB
338.   She encouraged legislators  not to overstep their  role by                                                               
assuming they have  the expertise and knowledge to  know the best                                                               
outcome  in  private  healthcare  conversations  between  medical                                                               
providers, families and children.                                                                                               
                                                                                                                                
2:49:33 PM                                                                                                                    
                                                                                                                                
KATRINA DOWELL, representing self,  testified in opposition to HB
338.  She  said this kind of legislation  would effectively drive                                                               
away physicians  from an already medically  underserved state and                                                               
negatively  impact  not  only trans  Alaskans,  but  all  Alaskan                                                               
children.  She  urged the committee to  leave decisions regarding                                                               
gender affirming care to patients,  their families, and qualified                                                               
physicians practicing evidence-based medicine.                                                                                  
                                                                                                                                
2:50:57 PM                                                                                                                    
                                                                                                                                
SERENE O'HARA-JOLLEY, representing  self, testified in opposition                                                               
to  HB 338.   She  said the  government has  no business  telling                                                               
parents  how to  raise their  children and  should not  be taking                                                               
away  the  rights  of  families  to  make  decisions  with  their                                                               
doctors.                                                                                                                        
                                                                                                                                
2:52:12 PM                                                                                                                    
                                                                                                                                
MIKE COONS,  representing self, testified  in support of  HB 338.                                                               
He  shared his  experience as  a  paramedic and  opined that  any                                                               
physician  that  prescribes  hormonal  drugs  or  performs  these                                                               
surgical procedures in  violation of the law  has committed child                                                               
abuse and child sexual abuse.                                                                                                   
                                                                                                                                
2:53:25 PM                                                                                                                    
                                                                                                                                
KATE VEH, representing  self, testified in opposition  to HB 338.                                                               
She shared her  understanding that there are  no gender affirming                                                               
surgeries  happening  in  the  state  of  Alaska  and  urged  the                                                               
committee to vote "no" on HB 338.                                                                                               
                                                                                                                                
2:54:22 PM                                                                                                                    
                                                                                                                                
MAXINE  DOOGAN,  President,  Community   United  for  Safety  and                                                               
Protection, testified  in opposition  to HB  338 and  opined that                                                               
the bill is government overreach.                                                                                               
                                                                                                                                
CHAIR VANCE  closed public testimony on  HB 338.  She  noted that                                                               
the bill would be taken up again later in the meeting.                                                                          
         HB 338-PHYS LBLTY: GENDER TRANS PROCEDURE;MINORS                                                                   
                                                                                                                                
8:38:06 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE announced  that the final order of  business would be                                                               
HOUSE BILL NO.  338, "An Act relating to  physician liability for                                                               
gender transition  procedures performed on minors;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
[Because of  their length, some  amendments discussed  or adopted                                                               
during the  meeting are found  at the end  of the minutes  for HB
338.  Shorter amendments are included in the main text.]                                                                        
                                                                                                                                
8:38:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRAY  moved  to  adopt Amendment  1  to  HB  338,                                                               
labeled 33-LS1392\A.5, Gunther, 4/16/24, which read:                                                                            
                                                                                                                                
     Page 1, line 1:                                                                                                            
          Delete "gender transition"                                                                                          
          Insert "certain"                                                                                                    
                                                                                                                                
     Page 1, following line 3:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "* Section 1. The uncodified law of the State of                                                                    
     Alaska is amended by adding a new section to read:                                                                         
          LEGISLATIVE FINDING. The legislature finds that                                                                       
     the  average  prevalence  of surgical  regret  for  all                                                                    
     surgeries  received  by  all people  is  14.4  percent,                                                                    
     while  the average  prevalence of  surgical regret  for                                                                    
     gender affirming surgeries  received by transgender and                                                                    
     gender diverse individuals is less than one percent."                                                                      
                                                                                                                                
     Page 1, line 4:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 2"                                                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 2, line 15:                                                                                                           
          Delete "gender transition"                                                                                          
          Insert "certain"                                                                                                    
                                                                                                                                
      Page 2, line 16, following the second occurrence of                                                                       
     "a":                                                                                                                       
          Insert "surgical procedure or"                                                                                        
                                                                                                                                
REPRESENTATIVE CARPENTER objected.                                                                                              
                                                                                                                                
8:38:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRAY stated  that  Amendment 1  would extend  the                                                               
bill to all forms of surgery.                                                                                                   
                                                                                                                                
8:38:52 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
8:39:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY opined  that Amendment 1 would  make the bill                                                               
more  applicable  to Alaskans,  as  they  do not  receive  gender                                                               
affirming surgery in Alaska.                                                                                                    
                                                                                                                                
REPRESENTATIVE  GROH asked  whether gender  affirming surgery  or                                                               
home  therapy is  viewed  as a  casual  matter in  Representative                                                               
Gray's experience.                                                                                                              
                                                                                                                                
REPRESENTATIVE GRAY  explained that he  was unable to  comment on                                                               
the surgery because  it is not provided in  Alaska.  Nonetheless,                                                               
he  said  hormone  therapy  is   not  considered  casual  in  his                                                               
experience.                                                                                                                     
                                                                                                                                
8:46:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SUMNER  wondered whether, by passing  Amendment 1,                                                               
few pediatric surgeons would be willing to practice in Alaska.                                                                  
                                                                                                                                
REPRESENTATIVE  ALLARD shared  her understanding  that two  major                                                               
hospitals  in  Anchorage  wanted to  perform  [gender  affirming]                                                               
surgeries  on  children and  adults,  which  was stopped  due  to                                                               
ethical concerns.  She maintained her opposition to Amendment 1.                                                                
                                                                                                                                
REPRESENTATIVE  GRAY  agreed   with  Representative  Sumner  that                                                               
allowing children who  underwent all kinds of surgery  to sue for                                                               
regret  years later  would have  a chilling  effect on  pediatric                                                               
surgery.  He reiterated that the  point of Amendment 1 is to make                                                               
the bill  applicable to Alaskans,  adding that if trans  kids can                                                               
sue in  the future, then  all kids should be  able to sue  in the                                                               
future.                                                                                                                         
                                                                                                                                
8:48:22 PM                                                                                                                    
                                                                                                                                
A roll call vote was taken.   Representatives Gray and Groh voted                                                               
in  favor  of  Amendment  1.    Representatives  Sumner,  Allard,                                                               
Carpenter, C.  Johnson, and Vance  voted against it.   Therefore,                                                               
Amendment 1 failed by a vote of 2-5.                                                                                            
                                                                                                                                
8:48:52 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
8:49:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRAY  moved  to  adopt Amendment  2  to  HB  338,                                                               
labeled 33-LS1392\A.6, Gunther, 4/16/24, which read:                                                                            
                                                                                                                                
     Page 1, line 1:                                                                                                            
          Delete "gender transition"                                                                                          
          Insert "certain"                                                                                                    
                                                                                                                                
     Page 2, line 15:                                                                                                           
          Delete "gender transition"                                                                                          
          Insert "certain"                                                                                                    
                                                                                                                                
     Page 2, line 17, following "transition":                                                                                   
          Insert "or cosmetic plastic surgery"                                                                                  
                                                                                                                                
REPRESENTATIVE ALLARD objected.                                                                                                 
                                                                                                                                
8:49:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRAY  explained  that Amendment  2  would  extend                                                               
liability to physicians to perform cosmetic surgery on minors.                                                                  
                                                                                                                                
8:50:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SUMNER  said  he  would be  inclined  to  support                                                               
Amendment  2,  except that  it  includes  cosmetic surgeries  for                                                               
reconstructive purposes and many other inadvisable things.                                                                      
                                                                                                                                
8:50:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  C.  JOHNSON  asked  whether  the  doctor  or  the                                                               
parents would be held liable.                                                                                                   
                                                                                                                                
REPRESENTATIVE ALLARD said the argument  is that cosmetic surgery                                                               
should  have the  same accountability  as  an untested,  unproven                                                               
medical  procedure.   She  opined  that  children should  not  be                                                               
victims  of untested  procedures  and pointed  out that  cosmetic                                                               
surgeries like  rhinoplasty and breast  reductions have  all been                                                               
proven.  She maintained her opposition to Amendment 2.                                                                          
                                                                                                                                
REPRESENTATIVE GRAY  clarified that  the bill wouldn't  ban these                                                               
procedures.   Instead, it would  allow regretful patients  to sue                                                               
within 20  years.  He  explained that  "top surgery," which  is a                                                               
mastectomy, for  a female  to male transgender  person is  not an                                                               
untested procedure.   Further, he  argued that thousands  of teen                                                               
girls get breast implants and that  those women should be able to                                                               
sue for liability if they were regretful.                                                                                       
                                                                                                                                
8:54:43 PM                                                                                                                    
                                                                                                                                
A roll call vote was taken.   Representatives Gray and Groh voted                                                               
in favor  of Amendment  2.   Representatives C.  Johnson, Sumner,                                                               
Allard,  Carpenter,  and  Vance  voted against  it.    Therefore,                                                               
Amendment 2 failed by a vote of 2-5.                                                                                            
                                                                                                                                
8:55:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GROH  moved  to  adopt Amendment  3  to  HB  338,                                                               
labeled 33-LS1392\A.3, Gunther, 4/16/24, which read:                                                                            
                                                                                                                                
     Page 1, line 2, following "minors;":                                                                                     
          Insert "relating to casualty insurance policies                                                                     
     for services rendered by physicians;"                                                                                    
                                                                                                                                
     Page 2, following line 21:                                                                                                 
     Insert a new bill section to read:                                                                                         
         "* Sec. 4. AS 21.96 is amended by adding a new                                                                     
     section to read:                                                                                                           
          Sec. 21.96.130. Gender transition procedure                                                                       
      liability. A casualty insurance policy offered by an                                                                    
     insurer for services rendered by a physician licensed                                                                      
     under AS 08.64 may not exclude coverage for claims                                                                         
     arising under AS 09.65.175. In this section, "casualty                                                                     
     insurance" has the meaning given in AS 21.12.070."                                                                         
                                                                                                                              
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
REPRESENTATIVE C. JOHNSON objected.                                                                                             
                                                                                                                                
8:55:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GROH  explained  that  Amendment  3  states  that                                                               
casualty  insurance policy  offered  by an  insurer for  services                                                               
rendered by  a physician  licensed may  not exclude  coverage for                                                               
claims  arising  under  the  civil  liability  provision  of  the                                                               
proposed legislation.                                                                                                           
                                                                                                                                
REPRESENTATIVE  SUMNER said  he  opposed Amendment  3 because  it                                                               
could  cause  a  substantial increase  in  physician  malpractice                                                               
insurance.                                                                                                                      
                                                                                                                                
REPRESENTATIVE GROH said Representative  Sumner's point makes the                                                               
point.  He  explained that the proposed  legislation would create                                                               
a  "giant   tail"  of  liability   with  a  20-year   statute  of                                                               
limitations.   For that  reason, he  said it  only seems  fair to                                                               
make that an insurable risk.                                                                                                    
                                                                                                                                
8:57:57 PM                                                                                                                    
                                                                                                                                
A roll call vote was taken.   Representatives Gray and Groh voted                                                               
in favor  of Amendment  3.   Representatives C.  Johnson, Sumner,                                                               
Allard,  Carpenter,  and  Vance  voted against  it.    Therefore,                                                               
Amendment 3 failed by a vote of 2-5.                                                                                            
                                                                                                                                
8:58:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ALLARD moved  to  adopt Amendment  4  to HB  338,                                                               
labeled  33-LS1392\A.2,   Gunther,  4/5/24.    [Amendment   4  is                                                               
provided at the end of the minutes on HB 338.]                                                                                  
                                                                                                                                
REPRESENTATIVE GROH objected.                                                                                                   
                                                                                                                                
8:59:21 PM                                                                                                                    
                                                                                                                                
MR.  BALLINGER explained  that Amendment  4  does the  following:                                                               
requires   the  Alaska   State   Medical  Board   to  develop   a                                                               
standardized consent form; adds  a criminal element to performing                                                               
these procedures on  minors; creates a new  section that develops                                                               
the   standardized   informed   consent  for   sex   reassignment                                                               
procedures;  defines sex  reassignment  treatments or  procedures                                                               
and inserts  this term in  place of "gender  transition"; removes                                                               
the  ability  for   a  minor  to  consent   to  sex  reassignment                                                               
treatments or  procedures; outlines exceptions to  liability; and                                                               
makes it  crime for  physicians to  perform the  sex reassignment                                                               
treatments or procedures  on minors or individuals  over 18 years                                                               
of  age without  informed consent  with a  penalty of  a class  C                                                               
felony.                                                                                                                         
                                                                                                                                
9:05:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GROH pointed  out that Amendment 4  is three times                                                               
longer  than  the actual  bill  and  suggested that  the  sponsor                                                               
should prepare  a committee  substitute instead.   He  shared his                                                               
belief  that  considering  this amendment  in  its  current  form                                                               
without  the  aid of  Legislative  Legal  Services or  a  sponsor                                                               
substitute is not the way to go.                                                                                                
                                                                                                                                
REPRESENTATIVE  SUMNER asked  whether  the transition  regulation                                                               
language and  the adoption of  a new class  C felony would  add a                                                               
fiscal note to the bill.                                                                                                        
                                                                                                                                
MR. BALLINGER shared that the  Department of Law (DOL) said there                                                               
would be no new fiscal impact on the proposed legislation.                                                                      
                                                                                                                                
REPRESENTATIVE SUMNER  pointed out  that Amendment 4  directs the                                                               
State Medical  Board to adopt regulations  establishing standards                                                               
of  care and  asked whether  the Department  of Health  (DOH) had                                                               
been contacted.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  ALLARD answered  no and  maintained that  DOL had                                                               
said the proposed amendment would not trigger a fiscal note.                                                                    
                                                                                                                                
9:08:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRAY  said it  would  be  a  surprise to  him  if                                                               
standardized informed  consent forms  weren't already  being used                                                               
in Alaska clinics with regard to this kind of treatment.                                                                        
                                                                                                                                
MR.  BALLINGER   clarified  that  the  bill   would  require  one                                                               
consistent with this code section.                                                                                              
                                                                                                                                
REPRESENTATIVE  GRAY  asked whether  it  was  the bill  sponsor's                                                               
belief that  current consent practices  are inadequate,  and that                                                               
additional government interference is necessary.                                                                                
                                                                                                                                
REPRESENTATIVE ALLARD shared her  belief that yes, the government                                                               
needs to step in to hold doctors accountable.                                                                                   
                                                                                                                                
9:10:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY  asked whether  Amendment 4 intended  for the                                                               
Alaska  State Medical  Board to  craft the  standardized informed                                                               
consent form to  be completed by the physician  prior to starting                                                               
treatment.                                                                                                                      
                                                                                                                                
REPRESENTATIVE ALLARD answered yes,  and shared her understanding                                                               
that it would not create an additional cost.                                                                                    
                                                                                                                                
REPRESENTATIVE  GRAY expressed  concern  that the  board may  not                                                               
have  anyone  serving  on  it  who had  performed  this  type  of                                                               
treatment.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  ALLARD  acknowledged  that  this  is  unchartered                                                               
territory that needs to be addressed.                                                                                           
                                                                                                                                
REPRESENTATIVE  GRAY   argued  that   this  is   not  unchartered                                                               
territory and  that standardized informed consent  forms had been                                                               
used for decades.                                                                                                               
                                                                                                                                
REPRESENTATIVE GROH asked whether Amendment  4 would carry a risk                                                               
of violating  equal protection  laws or the  right to  privacy in                                                               
the Alaska Constitution.                                                                                                        
                                                                                                                                
9:13:53 PM                                                                                                                    
                                                                                                                                
CONRAN GUNTHER,  Legislative Legal Services,  Legislative Affairs                                                               
Agency, answered  yes, as  this is a  rapidly developing  area of                                                               
law.    He said  there  would  be a  risk  of  creating an  equal                                                               
protection  violation  and  the Alaska  Constitution's  right  to                                                               
privacy clause.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  CARPENTER  asked if  the  bill  were adopted  and                                                               
deemed unconstitutional,  whether those portions would  be struck                                                               
down and the rest would remain.                                                                                                 
                                                                                                                                
MR. GUNTHER  answered yes and cited  the generalized severability                                                               
clause in Alaska Statutes.                                                                                                      
                                                                                                                                
9:15:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRAY moved  to adopt  Conceptual  Amendment 1  to                                                               
Amendment 4  to delete all content  on page 5 line  16 and delete                                                               
the words "over 18 years of age" on line 17.                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD objected.                                                                                                 
                                                                                                                                
9:16:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY shared  his belief that it should  be a crime                                                               
to perform  a sex  transition procedure  on anyone  without their                                                               
permission.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ALLARD  asked  whether it's  already  illegal  to                                                               
perform any surgery without written consent.                                                                                    
                                                                                                                                
MR.  GUNTHER  said  he  was unsure  about  written  consent,  but                                                               
informed consent is a standard  requirement in medical procedures                                                               
to give the patients understanding of what they're agreeing to.                                                                 
                                                                                                                                
CHAIR VANCE clarified  that the intent of  Conceptual Amendment 1                                                               
is already written in the bill on page 5, line 17.                                                                              
                                                                                                                                
REPRESENTATIVE GRAY shared his understanding  that the bill would                                                               
criminalize all  sexual reassignment treatments or  procedures on                                                               
minors, and  the intent  of Conceptual Amendment  1 is  to ensure                                                               
that it can't be done one anyone without informed consent.                                                                      
                                                                                                                                
9:21:27 PM                                                                                                                    
                                                                                                                                
A roll call vote was taken.   Representatives Gray and Groh voted                                                               
in   favor   of   Conceptual  Amendment   1   to   Amendment   4.                                                               
Representatives Allard, Carpenter, C.  Johnson, Sumner, and Vance                                                               
voted  against   it.    Therefore,  Conceptual   Amendment  1  to                                                               
Amendment 4 failed by a vote of 2-5.                                                                                            
                                                                                                                                
9:22:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  C.  JOHNSON  said  he had  a  real  problem  with                                                               
criminalizing   this  activity   and  taking   away  a   doctor's                                                               
livelihood;  furthermore, he  disagreed with  DOL and  shared his                                                               
belief that  Amendment 4  would require  a fiscal  note.   If the                                                               
bill passes, he  suggested that the chair  might consider holding                                                               
the  bill  in her  office  and  allow for  a  fiscal  note to  be                                                               
drafted,  specifically by  the Department  of  Health and  Social                                                               
Services.                                                                                                                       
                                                                                                                                
9:25:15 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 9:25 p.m. to 9:28 p.m.                                                                       
                                                                                                                                
9:28:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD withdrew Amendment 4.                                                                                     
                                                                                                                                
9:29:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY  asked whether "gender  transition procedure"                                                               
referred to  surgical procedures  only, or whether  medication is                                                               
included as well.                                                                                                               
                                                                                                                                
REPRESENTATIVE ALLARD said medication  is included.  She deferred                                                               
to Mr. Ballinger.                                                                                                               
                                                                                                                                
9:29:53 PM                                                                                                                    
                                                                                                                                
MR.   BALLINGER  stated   that  without   [Amendment  4],   which                                                               
incorporated definitions and some of  the other procedures, he is                                                               
unsure how Alaska would answer that.                                                                                            
                                                                                                                                
REPRESENTATIVE  GRAY  opined  that  the  word  procedure  implies                                                               
something beyond giving someone pills or medication.                                                                            
                                                                                                                                
9:31:42 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 9:31 p.m. to 9:39 p.m.                                                                       
                                                                                                                                
9:39:10 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE sought final comment on HB 338.                                                                                     
                                                                                                                                
9:39:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GROH   expressed  concern   that  the   bill  has                                                               
constitutional infirmities  and bad policy choices  with the "20-                                                               
year tail"  on the civil liability.   He added that  he could not                                                               
support HB 338.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  GRAY   reiterated  that  gender   affirming  care                                                               
procedures  are not  performed in  Alaska other  than medication.                                                               
So, if the  bill does not apply to medication,  he stated that HB
338 does not have a lot  of applicability in the state.  Further,                                                               
he  expressed concern  about the  20-year statute  of limitations                                                               
for civil liability.  He opined  that the bill would make it more                                                               
difficulty for  well adjusted  trans kids  to get  the healthcare                                                               
that they need.                                                                                                                 
                                                                                                                                
REPRESENTATIVE CARPENTER  voiced his  opinion that minors  do not                                                               
have  the  capacity to  consent  legally  or developmentally  and                                                               
therefore, the  doctor who  is in a  trusted position,  should be                                                               
ultra cautious in his advice to the patient.                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD said getting a tattoo  at 16 is a bad idea,                                                               
and cutting off  body parts is something that  children should be                                                               
protected  from.   She  shared her  belief  that the  legislature                                                               
needs  to stop  [these procedures]  before they  come to  Alaska,                                                               
adding that she stands by the protection of children.                                                                           
                                                                                                                                
9:44:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD  moved to  report HB  338 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.                                                                                                                          
                                                                                                                                
REPRESENTATIVE GROH objected.                                                                                                   
                                                                                                                                
9:44:47 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.   Representatives Allard, Carpenter,                                                               
C. Johnson, Sumner, and Vance voted  in favor of reporting HB 338                                                               
from committee.  Representatives Gray  and Groh voted against it.                                                               
Therefore,  HB  338  was  reported out  of  the  House  Judiciary                                                               
Standing Committee by a vote of 5-2.                                                                                            

Document Name Date/Time Subjects
HB 386 - Transmittal Letter v.A.pdf HJUD 4/17/2024 1:00:00 PM
HB 386
HB 386 - v.A.pdf HJUD 4/17/2024 1:00:00 PM
HB 386
HB 386 - Sectional Analysis v.A.pdf HJUD 4/17/2024 1:00:00 PM
HB 386
HB 386 - Highlights v.A.pdf HJUD 4/17/2024 1:00:00 PM
HB 386
HB 386 - DPS-AST Fiscal Note (02-19-24).pdf HJUD 4/17/2024 1:00:00 PM
HB 386
HB 338 - Sponsor Statement 4.2.24.pdf HJUD 4/17/2024 1:00:00 PM
HB 338
HB 338 - v.A.pdf HJUD 4/17/2024 1:00:00 PM
HB 338
HB 338 Sectional Analysis 4.2.24.pdf HJUD 4/17/2024 1:00:00 PM
HB 338
HB 338 - Zero Fiscal Impact Statement.pdf HJUD 4/17/2024 1:00:00 PM
HB 338
CSHB 105 - Sponsor Statement Parental Rights TL House.pdf HJUD 4/17/2024 1:00:00 PM
HB 105
CSHB 105 - v.S.pdf HJUD 4/17/2024 1:00:00 PM
HB 105
CSHB 105 - (EDC) Sectional Analysis.pdf HJUD 4/17/2024 1:00:00 PM
HB 105
CSHB 105 - (EDC) Summary of Changes.pdf HJUD 4/17/2024 1:00:00 PM
HB 105
CSHB 105 - (EDC)-EED-FP-4-27-23.pdf HJUD 4/17/2024 1:00:00 PM
HB 105
CSHB 105 - (EDC)-EED-PEF-4-27-23.pdf HJUD 4/17/2024 1:00:00 PM
HB 105
HB 105 - Proposed CS v.O.pdf HJUD 4/17/2024 1:00:00 PM
HB 105
HB 386 - PowerPoint Presentation.pdf HJUD 4/17/2024 1:00:00 PM
HB 386
Judiciary CS to HB 105 - Sectional Analysis.pdf HJUD 4/17/2024 1:00:00 PM
HB 105
HB 338 - Supporting Documents.pdf HJUD 4/17/2024 1:00:00 PM
HB 338
CSHB 105 - Sectional Analysis v.O.pdf HJUD 4/17/2024 1:00:00 PM
HB 105
HB 386 - Amendment #1 (A.5) by Rep. Vance.pdf HJUD 4/17/2024 1:00:00 PM
HB 386
HB 386 - Amendment #2 (A.2) by Rep. Groh.pdf HJUD 4/17/2024 1:00:00 PM
HB 386
HB 386 - Amendment #3 (A.3) by Rep. Groh.pdf HJUD 4/17/2024 1:00:00 PM
HB 386
HB 386 - Amendment #4 (A.4) by Rep. Gray.pdf HJUD 4/17/2024 1:00:00 PM
HB 386
CSHB 105 - Amendment #1 (O.8) by Rep. Carpenter.pdf HJUD 4/17/2024 1:00:00 PM
HB 105
CSHB 105 - Amendment #2 (O.7) by Rep. Groh.pdf HJUD 4/17/2024 1:00:00 PM
HB 105
CSHB 105 - Amendment #3 (O.4) by Rep. Groh.pdf HJUD 4/17/2024 1:00:00 PM
HB 105
CSHB 105 - Amendment #4 (O.2) by Rep. Gray.pdf HJUD 4/17/2024 1:00:00 PM
HB 105
CSHB 105 - Amendment #5 (O.9) by Rep. Gray.pdf HJUD 4/17/2024 1:00:00 PM
HB 105
CSHB 105 - Amendment #6 (O.5) by Rep. Gray.pdf HJUD 4/17/2024 1:00:00 PM
HB 105
HB 338 - Amendment #1 (A.5) by Rep. Gray.pdf HJUD 4/17/2024 1:00:00 PM
HB 338
HB 338 - Amendment #2 (A.6) by Rep. Gray.pdf HJUD 4/17/2024 1:00:00 PM
HB 338
HB 338 - Amendment #3 (A.3) by Rep. Groh.pdf HJUD 4/17/2024 1:00:00 PM
HB 338
HB 386 - Legal Memo (04-15-24).pdf HJUD 4/17/2024 1:00:00 PM
HB 386
HB 338 - Amendment #4 (A.2) by Rep. Allard.pdf HJUD 4/17/2024 1:00:00 PM
HB 338