Legislature(2017 - 2018)BELTZ 105 (TSBldg)
03/14/2018 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB208 | |
| SB124 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 124 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 208 | TELECONFERENCED | |
SB 124-ABORTION PROCEDURES; CHILD SURRENDER
1:41:54 PM
CHAIR COGHILL announced the consideration of SB 124 and noted
that public testimony was open.
1:42:47 PM
KAREN LEWIS, Director, Pro-Life Alaska, MatSu, Alaska, testified
in support of SB 124. She opined that it's insanity to discuss a
bill that "would give babies a chance while their mother and
attending abortionists are trying to kill them." She spoke
against abortion and against Planned Parenthood. She said
abortion is a billion-dollar industry and she looks forward to
the day that Roe is overturned.
1:45:38 PM
RICK SMALL, Abolitionist Society of Anchorage, Palmer, Alaska,
said he was representing the Lord Jesus Christ. He argued that
the Supreme Court is not God, that Roe v. Wade is not law, and
that it has no jurisdiction and is of no effect in Alaska. "They
were wrong in 1857 with the Dred Scott decision and they were
wrong in 1973 and we need to ignore it." He suggested that if
the committee was interested in true justice it would amend SB
124 to adopt the exact language of HB 250. He concluded saying,
"God is real he is there, and he is neither silent nor sitting
still. He is doing something, and you are either with him or you
are against him."
1:49:37 PM
BARBARA ANDERSON, Accountability Alliance, Seward, Alaska, put
her child on phone and had a conversation about babies relative
to SB 124. She summarized that her daughter was explaining that
her mother had told her about abortion and she didn't think that
should ever happen. Ms. Anderson told the committee that God had
ordained them as authority in the state. She asked them to fear
God rather than men and stop regulating murder. She urged the
committee to amend SB 124 and replace it with HB 250.
1:52:42 PM
JEFF LANDFIELD, representing self, Anchorage, Alaska, urged the
committee to adopt policies that allow women to have access to
contraception. He read the definition of abortion from the
"Merriam Webster Dictionary" and said he understands what the
sponsor is trying to do, but if the goal is fewer abortions the
government should focus on improving access to contraception.
CHAIR COGHILL noted who was available to answer questions.
CHAIR COGHILL closed public testimony and solicited a motion.
1:54:47 PM
SENATOR COSTELLO moved to report SB 124, version U, from
committee with individual recommendations and attached fiscal
note(s).
1:55:10 PM
SENATOR WIELECHOWSKI objected. He said this bill is unusual in
that it has opposition from both Alaska Right to Life and
Planned Parenthood, although the reasons are different. He said
he has received over 100 emails regarding the bill and at least
95 percent were opposed to the legislation. Similarly, people on
both sides testified on the bill and his calculation shows that
95 percent opposed the bill. From a legal perspective, which is
this committee's focus, he can't imagine that it is in any way
constitutional. He said he recognizes that some people disagree,
but the U.S. Supreme Court and the Alaska Supreme Court have
found that abortion is constitutional. Because it is a
constitutional right, it is important to look carefully on
impeding on that right. The bill forces a physician who is
terminating a pregnancy to use "the best opportunity for the
child to survive." The committee heard there are two ways a
child could survive an abortion. One is induced labor and
according to the 2016 "Alaska Induced Pregnancy Statistics" that
is not a form of abortion.
The one form of abortion an unborn child could survive is a
hysterotomy or cesarean section ("C-section"). Arguably, the
bill requires every woman who has an abortion in the state of
Alaska to undergo a C-section. He said that is major surgery and
there is no way that the Supreme Court will say it's
constitutional. The litigation will be very expensive, just as
it has in past challenges.
He pointed out that the youngest a fetus has survived is 21
weeks and four days, and that information in the packet from the
Department of Health and Social Services says that "99.5 percent
of induced terminations in Alaska were performed at 13 weeks or
less gestational age." Looking at the numbers of abortions in
the last five years shows that this would apply in very few
instances. In most years it would be zero.
SENATOR WIELECHOWSKI said he believes that SB 124 is
unconstitutional, and it enjoys wide opposition on both sides of
the abortion issue. Respectfully, it should not move forward.
1:59:32 PM
SENATOR COSTELLO asked for clarification of the definition of
"abandoned the child" because it seems inconsistent that the
language on page 2 says abortion is not abandoning the child.
CHAIR COGHILL offered his perspective that the court can find
the child is abandoned and the statutory direction is that the
child can be surrendered as a child in need of aid. That is the
choice of the person giving birth.
SENATOR COSTELLO said she understands that is the choice, but it
seems that that decision was made prior to seeking the abortion.
She said it's not enough to hold the bill but the way it's
drafted is confusing.
CHAIR COGHILL said his staff will track that and all committee
members will be apprised.
He opined that the opposition from Right to Life people is
because the bill does not go far enough. He continued,
For those of us who live in the land where the courts
have made laws and we're trying to live under that
law, we have to do what we can under that law. So it's
incremental movement, that is true. It's trying to
value a life, that is true. But it's also trying to
value the choice of the woman that has been given that
right. But we're also trying to value the life the
best we know how as I understand it under this law.
Those who oppose it think that an abortion should
always result in the death of the fetus as they call
it. There's just many of us that disagree with that so
we're looking for every way we can - I say we because
I'm going to support this bill - to give the doctor
tools to say that that life could be valued and be
surrendered for a chance to live even if it's under
the state protection.
2:04:04 PM
CHAIR COGHILL called for a roll call vote on SB 124.
A roll call vote was taken. Senators Shower, Kelly, Costello,
and Coghill voted in favor of moving SB 124 from committee and
Senator Wielechowski voted against it. Therefore, SB 124 moved
from the Senate Judiciary Standing Committee by a 4:1 vote.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 208 - Amendments A.1 & A.2.pdf |
SJUD 3/14/2018 1:30:00 PM |
HB 208 |