Legislature(1995 - 1996)
04/25/1995 09:25 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 105
"An Act relating to a requirement that a parent,
guardian, or custodian consent before a minor receives an
abortion; establishing a judicial bypass procedure by
which a minor may petition a court for authorization to
consent to an abortion without consent of a parent,
guardian, or custodian; amending the definition of
`abortion'; and amending Alaska Rules of Civil Procedure
40, 53, and 79; Alaska Rules of Appellate Procedure 204,
210, 212, 213, 508, and 512.5; and Alaska Administrative
Rule 9."
Senator Leman stated that SB 105 provides a judicial bypass
for a juvenile who seeks to have an abortion without
parental permission. Currently, state law requires a
juvenile under age 18 have parental consent. It is not
enforced. This proposed bill meets the test of the United
States Supreme Court. There are fiscal notes from the
Office of Public Advocacy and the Court System. The
advantages of a judicial bypass incorporates
confidentiality, and costs (no charge).
Co-chair Halford offered amendment #1 and asked Senator
Leman to define the amendment. Senator Leman explained that
the proposed amendment would delete the requirement for a
guardian ad litem, be appointed in addition to an attorney.
The minor would have an attorney who would represent her
interest. The duplication would be removed. In response to
the question, what is the definition of ad litem, he said
that it is a person appointed by the court who assists in
helping the juvenile to make decisions, acting in the best
interests of that juvenile.
Senator Sharp offered to ADOPT amendment #1. No objections
being
heard it was ADOPTED.
Co-chair Frank asked Senator Leman to give his reaction to
the zero fiscal note from the Dept of Health & Social
Services. He responded that there would be a savings with
fewer abortions. Elmer Lindstrom testified in direct
conflict with the supporting documentation from other states
and the purpose of this bill. The ultimate purpose is to
reduce the teen pregnancies and abortions. There is ample
documentation in the record that shows it does happen.
Co-chair Frank focused on the fiscal note. He stated the
discrepancies in this bill. Wanted to know if the $112.0
fiscal note from OPA is accurate. Senator Leman said that by
adopting the amendment, OPA's fiscal note would be decreased
by $112.0. Their projection is that there by 112 cases each
at $1500 per case. Their projection of numbers may be
accurate, the dollar amount is exorbitant. He was asked
what percentage of teens are expected to talk to their
parents versus the court? Senator Leman responded that an
assumption, based on statistics, that 61% of girls who now
talk to their parents, would continue to do so, and 39% who
do not, would then seek to have a judicial bypass.
Senator Leman stated that in order for a juvenile to qualify
for a judicial bypass she will be required to file a
complaint. She will state that she is pregnant, that she is
unmarried, under the age of 18 and unemancipated, that she
wishes to have an abortion without the consent of her
parents or others, and be able to allege to: the fact that
she is mature and well-enough informed; or, that she has
been a victim of physical, sexual, or emotional abuse by the
parents. That is how it would be presented to the judge.
Alison Elgee, Deputy Commissioner, Dept of Administration,
stated that as a result of the amendment just adopted,
eliminating the guardian ad litem requirement, the Office of
Public Advocacy fiscal note can be reduced to $168.0. In
other words, $112.0 is subtracted from the $280.0. Trial
Courts has a fiscal note of $9.6.
Sherrie Goll, Representing the Alaska Women's Lobby,
testified for the Pro Choice Alliances. She stated that the
Alliance and the Women's Lobby is opposed to the
legislation. In regard to the fiscal impact, she stated
that there is an additional impact to be considered, which
is defending the constitutionality of this law. She stated
it certainly will be challenged. There are two other states
that have similar rights to privacy in their constitution.
As the sponsor stated, this judicial bypass does meet the
constitutional test for the federal constitution. However,
the two states that have similar constitutions to ours
(California and Florida) have meet with different results.
In Florida it was struck down, and in California they chose
to suspend their law after they passed it, because there was
so much weight given to the fact that it would be overturned
to the court.
Senator Phillips offered an amendment changing the age from
18 to 16 in all provisions. Age 16 is the age of consent.
Senator Leman does not support the amendment. He suggests
focusing on the issue. The girls can be emancipated. He
felt that there is consistency in the juvenile laws if the
age is kept at age 18. No further debate, the question
before the committee is the adoption of the Phillips
amendment. In favor were Senators Zharoff, Donley, Rieger
and Phillips. Opposed were Co-chair Halford, Frank and
Senator Sharp. The amendment was ADOPTED.
Senator Rieger offered an amendment moving language on page
8, line 22 (section 5 (5) to (4)). No objection being
heard, the amendment was ADOPTED.
Senator Leman reiterated that the bill comes from existing
law in other states that have already withstood the scrutiny
of the United States Supreme Court. It is not a standard
created by him or the Alaska bill drafters. Section 5 was
modeled after the Ohio Law.
Senator Sharp MOVED to adopt CSSB 105 (FIN) with individual
recommendations and accompanying fiscal notes. There was
objection. The question is, shall CSSB 105 (FIN) move from
committee. Those in favor were Co-chairs Halford, Frank,
along with Senators Phillips and Sharp. Those opposed were
Senators Rieger, Donley, and Zharoff. CSSB 105 (FIN) was
REPORTED OUT of committee with "no recommendations" from
Senators Rieger, Phillips, Frank, and Zharoff. Co-chair
Halford and Senator Sharp recommended "do pass" and Senator
Donley recommended "do not pass". Accompanying fiscal
notes: Dept Health & Social Services (Medicaid Non-Facility)
zero; (Medicaid Facility) zero; Dept of Administration
$168.0; and Courts $9.6.
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