Legislature(2015 - 2016)BUTROVICH 205
03/30/2016 01:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| SB113 | |
| SB156 | |
| SB179 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 113 | TELECONFERENCED | |
| += | SB 156 | TELECONFERENCED | |
| *+ | SB 179 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 179-BAN LATE TERM ABORTION; CHILD SURRENDER
1:42:32 PM
CHAIR STEDMAN announced the consideration of SB 179.
1:42:53 PM
SENATOR JOHN COGHILL, Alaska State Legislature, as sponsor,
introduced SB 179. He explained that the bill provides that if a
baby is found to be viable under a doctor's judgement, and a
mother requests an abortion, the baby would be delivered and
given up as a child in need of aid. He noted that "viability" is
a new concept in law. The bill repeals the partial-birth
abortion ban that has been found unconstitutional.
He referred to a booklet that contains several studies on
abortion. It shows which states and countries have various bans
on abortions. The U.S. is only one of seven countries out of 198
that permit elective abortions past 20 weeks. The U.S fits in
between allowing bans between 20 to 22 weeks. He discussed the
survival rate at various weeks. He referred to a Gallop Poll
that found that 80 percent say during the last months of
pregnancy, the fetus should be treated as viable.
1:47:05 PM
He discussed Roe v. Wade and said the Supreme Court maintains
that states have an interest in protecting the life of a fetus
after viability - the point at which the fetus is capable of
living outside the womb. He read that the compelling point is at
viability and the state may go as far as prohibiting abortion at
that period, except to preserve the life of the mother.
He stated that Planned Parenthood v. Central Missouri upheld the
viability clause, as did Planned Parenthood v. S.E.
Pennsylvania. The bill tries to protect the life of the mother
and fetus, and allows the doctor to determine viability. He used
another example of Gonzales v. Carhart to make his point about
the viability clause.
1:50:00 PM
SENATOR COGHILL concluded that he has tried to maintain a
women's right, as well as viability. He concluded that viability
is the big question when determining the value of life. He
referred to wording on page 2, lines 11 - 13, which addresses
the clinical judgment of a doctor to determine viability. He
highlighted Section 1 regarding when an abortion may be
performed. He discussed DHSS's involvement regarding CINA when
the state takes custody of the child.
1:52:21 PM
SENATOR ELLIS asked about the phrase "meaningful life" as it
applies to viability.
SENATOR COGHILL said that is his own term. The legal term is
viability and there is a definition of viability in the bill and
it is dependent on a doctor's integrity.
CHAIR STEDMAN asked whether Legislative Legal has concerns about
SB 179.
RYNNIEVA MOSS, Staff, Senator John Coghill, Alaska State
Legislature, presented information on SB 179 on behalf of the
sponsor. She said Legislative Legal has no legal opinion of
version W.
1:54:24 PM
SENATOR STOLTZE asked whether the term is "unborn baby" or
"fetus."
SENATOR COGHILL said "fetus" means "baby" and he uses them
interchangeably.
He thanked the committee for hearing the bill. He noted the
issue has been hotly debated. It is about a baby that could
survive an unwanted pregnancy. He said an abortion can be
performed and still have a live birth and viability becomes the
question. SB 179 is important for Alaska where "we value life
very highly." It is a move in the right direction and is a
matter that must be argued under the auspices of the law. The
bill has respect for the life of a woman and the child, who may
not be wanted.
1:55:58 PM
SENATOR ELLIS asked who files the CINA petition and what the
burden on the state is.
MS. MOSS explained that if the child is unwanted, the physician
or health practitioner would contact Office of Children's
Services (OCS) who would take custody of the child.
SENATOR ELLIS asked if OCS would designate that child as a child
in need of aid.
MS. MOSS said yes.
1:57:16 PM
CHAIR STEDMAN held SB 179 in committee.