Legislature(1995 - 1996)

04/25/1995 09:25 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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       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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