04/16/2014 09:00 AM House RULES

            SB 200-WRONGFUL DEATH OF AN UNBORN CHILD                                                                        
                                                                                                                                
9:04:01 AM                                                                                                                    
                                                                                                                                
CHAIR JOHNSON  announced that the  first order of  business would                                                               
be SENATE  BILL NO. 200, "An  Act establishing a right  of action                                                               
for the death of an unborn child in certain circumstances."                                                                     
                                                                                                                                
9:04:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE OLSON moved to adopt  the proposed House committee                                                               
substitute  (HCS)  for  SB  200,  Version  28-LS1382\U,  Wallace,                                                               
4/11/4, as the working document.                                                                                                
                                                                                                                                
CHAIR JOHNSON objected for discussion purposes.                                                                                 
                                                                                                                                
9:04:41 AM                                                                                                                    
                                                                                                                                
AMY  SALTZMAN,   Staff,  Senator  Lesil  McGuire,   Alaska  State                                                               
Legislature, speaking on behalf  of the sponsor, Senator McGuire,                                                               
paraphrased   from  the   following  written   sponsor  statement                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     There is  no loss more  devastating than the loss  of a                                                                    
     child,  no matter  the child's  age. Currently  Alaskan                                                                    
     families  have no  civil  recourse  when suffering  the                                                                    
     loss  of  an  unborn  child  through  the  unlawful  or                                                                    
     negligent actions  of another person. Senate  Bill 200,                                                                    
     also  known  as  "Jackson's  Law"  is  a  long  overdue                                                                    
     response to  the heartbreaking stories of  families who                                                                    
     have suffered such a loss.                                                                                                 
                                                                                                                                
     In  2006  a  law  was passed  to  change  the  criminal                                                                    
     liability for  the death of  an unborn child.  That law                                                                    
     established that  the unborn can be  victims of murder,                                                                    
     manslaughter  and criminally  negligent  homicide in  a                                                                    
     criminal court.  Jackson's Law  would mirror  that law,                                                                    
     allowing Alaskan  families and  parents the  same civil                                                                    
     recognition of their loss.                                                                                                 
                                                                                                                                
     Alaska is one of only ten  states that do not allow the                                                                    
     parents of  an unborn victim to  seek accountability or                                                                    
     damages from  a guilty party. Although  no compensation                                                                    
     could  ever  account  for  the   loss  of  parents  and                                                                    
     families,   this  bill   will  provide   families  with                                                                    
     recognition and a course for healing.                                                                                      
                                                                                                                                
9:05:41 AM                                                                                                                    
                                                                                                                                
CHAIR JOHNSON inquired  as to the differences between  SB 200 and                                                               
the proposed committee substitute, HCS SB 200, Version U.                                                                       
                                                                                                                                
9:06:00 AM                                                                                                                    
                                                                                                                                
MS. SALTZMAN  explained that it  came to the  sponsor's attention                                                               
that in  some civil cases  there is  the ability for  families to                                                               
seek action  for the wrongful death  of an unborn child  using AS                                                               
09.15.010 such that  the parent or guardian may  sue for injuries                                                               
or  death of  a  child.   However,  the issue  is  that the  term                                                               
"unborn" isn't included in that statute,  and thus is left to the                                                               
court's interpretation.   Therefore, [SB 200]  would clarify that                                                               
[Jackson's]  law exists  and will  be available  for cases  going                                                               
forward.   The changes  embodied in Version  U reflect  that, she                                                               
said.  She then pointed out that  on page 1, line 1, the title of                                                               
SB  200 was  amended  by deleting  the  language "establishing  a                                                               
right"  and  inserting  "relating".     On  page  2,  lines  5-6,                                                               
subsection  (c) was  inserted; subsection  (c) clarifies  that if                                                               
another action  was sought,  this law  is separate.   On  page 2,                                                               
lines  10-13, a  new section  was inserted  to clarify  that this                                                               
legislation  applies  to  cases  that   occur  on  or  after  the                                                               
effective date not existing cases.                                                                                              
                                                                                                                                
9:08:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  noted that this legislation  is similar                                                               
to HB  258 heard in the  House Judiciary Standing Committee.   He                                                               
characterized the  changes as  good.   However, he  recalled that                                                               
the  Wrongful  Death Act,  AS  09.15.015,  refers to  "parent  or                                                               
guardian"  but a  "guardian" doesn't  apply to  an unborn  child.                                                               
Therefore,  he inquired  as to  what would  happen in  a case  in                                                               
which  the father,  the pregnant  mother, and  fetus are  killed.                                                               
Per Megan  Wallace, Attorney,  Legal Services,  Legislative Legal                                                               
and Research,  the survival statute, AS  09.55.570, provides that                                                               
if  someone  doesn't  survive, then  a  personal  represented  is                                                               
appointed.  Therefore, if the parents  died in the same action as                                                               
the unborn child, any claim  that could've been maintained by the                                                               
parent  would  survive  and  could be  brought  by  the  personal                                                               
representative.  He  also recalled that the judge in  the case of                                                               
Mace v. Jung,  210 F.Supp 706 (U.S. District  Court Alaska 1962),                                                             
in  which there  was  a motion  to  dismiss for  the  death of  a                                                               
nonviable  unborn child,  adopted the  rule and  applied that  an                                                               
action  could not  be maintained  for a  nonviable unborn  child.                                                               
This proposed law will effectively  reverse that case, he pointed                                                               
out.  Representative Gruenberg related his support for SB 200.                                                                  
                                                                                                                                
9:11:23 AM                                                                                                                    
                                                                                                                                
CHAIR  JOHNSON removed  his objection.   There  being no  further                                                               
objection, Version U was before the committee.                                                                                  
                                                                                                                                
9:11:39 AM                                                                                                                    
                                                                                                                                
CHAIR JOHNSON  opened public testimony and  upon determining that                                                               
no one wished to testify, closed public testimony.                                                                              
                                                                                                                                
9:11:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  OLSON   moved  to   report  the   proposed  House                                                               
committee  substitute  (HCS)  for SB  200,  Version  28-LS1382\U,                                                               
Wallace,    4/11/4,   out    of    committee   with    individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no objection, HCS  SB 200(RLS) was reported from  the House Rules                                                               
Standing Committee and is available for calendaring.