04/15/2024 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB386 | |
| HB105 | |
| HB338 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 386 | TELECONFERENCED | |
| *+ | HB 338 | TELECONFERENCED | |
| + | HB 105 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
April 15, 2024
1:18 p.m.
DRAFT
MEMBERS PRESENT
Representative Sarah Vance, Chair
Representative Jamie Allard, Vice Chair
Representative Ben Carpenter
Representative Craig Johnson
Representative Jesse Sumner
Representative Andrew Gray
Representative Cliff Groh
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 386
"An Act relating to the obstruction of airports and runways;
relating to the obstruction of highways; establishing the crime
of obstruction of free passage in public places; relating to the
obstruction of public places; relating to the crime of
trespassing; relating to the obstruction of navigable waters;
and providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 105
"An Act relating to parental rights in a child's education;
relating to access to school records; relating to sex education,
human reproduction education, and human sexuality education;
relating to school disciplinary and safety programs; and
providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 338
"An Act relating to physician liability for gender transition
procedures performed on minors; and providing for an effective
date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 386
SHORT TITLE: OBSTRUCTION OF PUBLIC PLACES; TRESPASSING
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/21/24 (H) READ THE FIRST TIME - REFERRALS
02/21/24 (H) TRA, JUD
03/12/24 (H) TRA AT 1:00 PM BARNES 124
03/12/24 (H) Heard & Held
03/12/24 (H) MINUTE(TRA)
03/14/24 (H) TRA AT 1:00 PM BARNES 124
03/14/24 (H) Scheduled but Not Heard
03/19/24 (H) TRA AT 1:00 PM BARNES 124
03/19/24 (H) Heard & Held
03/19/24 (H) MINUTE(TRA)
03/21/24 (H) TRA AT 1:00 PM BARNES 124
03/21/24 (H) Moved HB 386 Out of Committee
03/21/24 (H) MINUTE(TRA)
03/25/24 (H) TRA RPT 5DP 1DNP 1AM
03/25/24 (H) DP: MCKAY, VANCE, SUMNER, C.JOHNSON,
MCCABE
03/25/24 (H) DNP: MINA
03/25/24 (H) AM: STUTES
04/10/24 (H) JUD AT 1:00 PM GRUENBERG 120
04/10/24 (H) -- MEETING CANCELED --
04/15/24 (H) JUD AT 1:00 PM GRUENBERG 120
BILL: HB 105
SHORT TITLE: SEX/REPRODUCTION EDUCATION; SCHOOLS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
03/08/23 (H) READ THE FIRST TIME - REFERRALS
03/08/23 (H) EDC, JUD
03/13/23 (H) EDC AT 8:00 AM DAVIS 106
03/13/23 (H) Heard & Held
03/13/23 (H) MINUTE(EDC)
03/29/23 (H) EDC AT 8:00 AM DAVIS 106
03/29/23 (H) Heard & Held
03/29/23 (H) MINUTE(EDC)
03/30/23 (H) EDC AT 5:15 PM DAVIS 106
03/30/23 (H) Heard & Held
03/30/23 (H) MINUTE(EDC)
04/13/23 (H) EDC AT 5:15 PM BARNES 124
04/13/23 (H) Heard & Held
04/13/23 (H) MINUTE(EDC)
04/24/23 (H) EDC AT 8:00 AM DAVIS 106
04/24/23 (H) Heard & Held
04/24/23 (H) MINUTE(EDC)
04/26/23 (H) EDC AT 8:00 AM DAVIS 106
04/26/23 (H) Moved CSHB 105(EDC) Out of Committee
04/26/23 (H) MINUTE(EDC)
04/28/23 (H) EDC RPT CS(EDC) NEW TITLE 1DP 3DNP 1NR
2AM
04/28/23 (H) DP: PRAX
04/28/23 (H) DNP: HIMSCHOOT, STORY, MCCORMICK
04/28/23 (H) NR: RUFFRIDGE
04/28/23 (H) AM: MCKAY, ALLARD
04/28/23 (H) EDC AT 8:00 AM DAVIS 106
04/28/23 (H) <Bill Hearing Canceled>
05/01/23 (H) JUD AT 1:00 PM GRUENBERG 120
05/01/23 (H) <Bill Hearing Canceled>
01/31/24 (H) JUD AT 1:00 PM GRUENBERG 120
01/31/24 (H) <Bill Hearing Canceled>
04/15/24 (H) JUD AT 1:00 PM GRUENBERG 120
BILL: HB 338
SHORT TITLE: PHYS LBLTY: GENDER TRANS PROCEDURE;MINORS
SPONSOR(s): ALLARD
02/20/24 (H) READ THE FIRST TIME - REFERRALS
02/20/24 (H) JUD
03/06/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/06/24 (H) <Bill Hearing Canceled>
03/08/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/08/24 (H) <Bill Hearing Canceled>
03/25/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/25/24 (H) <Bill Hearing Canceled>
03/27/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/27/24 (H) <Bill Hearing Canceled>
04/10/24 (H) JUD AT 1:00 PM GRUENBERG 120
04/10/24 (H) -- MEETING CANCELED --
04/15/24 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
TREG TAYLOR, Attorney General
Office of the Attorney General
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Presented HB 386, on behalf of the House
Rules Standing Committee, sponsor by request of the governor,
with a PowerPoint presentation, entitled "Obstruction of Access
to Public Places."
PARKER PATTERSON, Legislative Liaison
Department of Law
Juneau, Alaska
POSITION STATEMENT: Co-presented a PowerPoint presentation,
entitled "Obstruction of Access to Public Places," on behalf of
the House Rules Standing Committee, sponsor by request of the
governor.
DEENA BISHOP, EdD, Commissioner
Office of the Commissioner
Department of Education and Early Development
Juneau, Alaska
POSITION STATEMENT: Presented CSHB 105(EDC), on behalf of the
House Rules Standing Committee, sponsor by request of the
governor.
BOB BALLINGER, Staff
Representative Sarah Vance
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an explanation of changes in the
proposed CS for HB 105, Version O, on behalf of Representative
Vance.
STEPHANIE WINN, representing self
Portland, Oregon
POSITION STATEMENT: Gave invited testimony during the hearing
on HB 338.
IVAN ABDOUCH, PhD, representing self
(No address provided)
POSITION STATEMENT: Gave invited testimony during the hearing
on HB 338.
ARII DEWOLF, representing self
(No address provided)
POSITION STATEMENT: Gave invited testimony during the hearing
on HB 338.
MATT SHARP, Senior Counsel
Alliance Defending Freedom
(No address provided)
POSITION STATEMENT: Gave invited testimony during the hearing
on HB 338.
ACTION NARRATIVE
1:18:26 PM
CHAIR VANCE called the House Judiciary Standing Committee
meeting to order at 1:18 p.m. Representatives Carpenter, C.
Johnson, Sumner, Gray, Groh, Allard, and Vance were present at
the call to order.
HB 386-OBSTRUCTION OF PUBLIC PLACES; TRESPASSING
1:19:23 PM
CHAIR VANCE announced that the first order of business would be
HOUSE BILL NO. 386, "An Act relating to the obstruction of
airports and runways; relating to the obstruction of highways;
establishing the crime of obstruction of free passage in public
places; relating to the obstruction of public places; relating
to the crime of trespassing; relating to the obstruction of
navigable waters; and providing for an effective date."
1:19:51 PM
TREG TAYLOR, Attorney General, Office of the Attorney General,
Department of Law (DOL), on behalf of the House Rules Standing
Committee, sponsor by request of the governor, presented HB 386.
He directed attention to a PowerPoint presentation, entitled
"Obstruction of Access to Public Places" [hard copy included in
the committee packet]. He began on slide 2, "HB 386 Overview,"
which read as follows [original punctuation provided]:
Alaskans have a constitutional right to freedom of
movement within the state and to have free access to
public places.
Alaskans also have a constitutional right to peaceably
and lawfully assemble.
HB 386 is an Act to protect Alaskans' constitutional
rights.
1:21:00 PM
MR. TAYLOR continued to slide 3, "Freedom of Movement," which
read as follows [original punctuation provided]:
•Alaskans' right to freely move within the state is
violated when their access to public places and
facilities are unlawfully obstructed
•Unlawful obstruction presents a threat to public
safety - emergency vehicles are unable to respond when
a crucial roadway is obstructed
•Unlawful obstruction poses a threat to Alaska's
economy - businesses cannot operate normally; Alaskans
may be unable to get to work
•HB 386 imposes additional criminal penalties for
obstruction of public places and creates a civil cause
of action for a private citizen whose access is
unlawfully obstructed
•Penalties imposed by the bill discourage and deter
unlawful obstruction of public places
1:22:17 PM
MR. TAYLOR turned to slide 4, "Freedom of Assembly," which read
as follows [original punctuation provided]:
• Conduct that includes rendering highways,
roadways inaccessible or impassible is already
illegal.
• Freedom of expression is already subject to
time, place, and manner restrictions to prevent
interference with the rights of others
• Proposed bill targets the conduct of blocking
access to public places not Alaskans' right to
peaceably and lawfully assemble
• Provides Alaskans an avenue to remedy
against unlawful obstruction
1:23:03 PM
MR. TAYLOR advanced to slide 5, "Around the U.S.," which
featured two photos of protestors blocking traffic in
Washington, D.C. and a bridge in South Nyack, New York.
1:24:03 PM
MR. TAYLOR continued to slide 6, "Alaskans are Vulnerable,"
which read as follows [original punctuation provided]:
Dalton Highway
Obstructing the Haul Road during mobilization season
could have devastating effects on the oil patch
Seward Highway
Obstructing the Seward south of Anchorage blocks the
Kenai Peninsula from accessing the Port of Alaska and
the Ted Stevens Int'l Airport
Glenn Highway
Obstructing the Glenn north of Anchorage blocks every
community north of Anchorage from accessing the Port
of Alaska and the Ted Stevens Int'l Airport
Highway 2
Obstructing the road just inside the US/Canada border
blocks all traffic in and out of Alaska
1:25:32 PM
MR. TAYLOR deferred to Mr. Patterson for the sectional analysis.
1:25:42 PM
PARKER PATTERSON, Legislative Liaison, Department of Law (DOL),
on behalf of the House Rules Standing Committee, sponsor by
request of the governor, directed attention to slides 7-10,
"Sectional," which read as follows [original punctuation
provided]:
Section 1
Amends existing obstruction of airports statute to
prohibit general obstruction of runways
Section 2
Adds new penalties to the crime of obstruction of
airports and classifies specific conduct as class C
felony or class A misdemeanor
Section 3
Accounts for amendments in section 2 with a
conforming change
Section 4
Establishes strict liability in a civil case for
violations of any criminal statutes created or amended
by the bill and sets out provisions for civil cause of
action
Section 5
Amends the crime of criminal trespass in the first
degree to class C felony if the conduct creates a
substantial risk of physical injury or interferes with
an emergency response
Section 6
Amends the crime of criminal trespass in the second
degree to class A misdemeanor if the conduct creates a
substantial risk of physical injury or interferes with
an emergency response
Section 7
Accounts for amendments in section 8 with a
conforming change
Section 8
Makes obstructing a highway by dropping a substance
on the highway a class C felony if it creates a
substantial risk of physical injury or interferes with
an emergency response
Other highway obstruction class A misdemeanor
Section 9
Creates crime of obstruction of free passage in
public places, a class A misdemeanor if conduct
creates a substantial risk of physical injury or
interferes with an emergency response
Permitted conduct exempt
Section 10
Amends the crime of obstruction to navigable waters
to a class A misdemeanor if the conduct creates a
substantial risk of injury or interferes with an
emergency response
Other obstructions class B misdemeanor
Section 11
Provides prospective application of criminal offenses
amended in the bill
Section 12
Provides for a July 1, 2024 effective date
1:28:54 PM
MR. TAYLOR resumed the presentation on slide 11, "Summary,"
which read as follows [original punctuation provided]:
•The proposed bill is both content and viewpoint
neutral. It aims to
•Allow Alaskans to seek remedy when their right to
access public places is violated
•Deter and discourage unlawful conduct through
stronger criminal penalties
•Uphold Alaskans' constitutional right to assembly and
demonstration
CHAIR VANCE sought questions from committee members.
1:30:10 PM
REPRESENTATIVE GRAY asked Mr. Taylor to describe the specific
problems he had observed in Alaska, which the bill seeks to fix.
MR. TAYLOR listed several examples. He added that the bill
seeks to address future fights that the attorney general
anticipated would involve striking the right balance between
resource development and the environment. He said the bill is
intended to prevent damage from occurring.
1:31:55 PM
REPRESENTATIVE GRAY asked whether the bill would apply to Tribes
and whether Tribes would have the right to block the roads on
their own land.
MR. TAYLOR confirmed that the bill would apply to any person who
intentionally blocks or obstructs a highway in the state of
Alaska, including Tribes.
REPRESENTATIVE GRAY asked whether it would apply to homeless
people who may be blocking a sidewalk or alleyway.
MR. TAYLOR confirmed that it would apply to homeless individuals
who are blocking a road or sidewalk.
REPRESENTATIVE GRAY referenced a legal memorandum ("memo")
drafted by Claire Radford and Noah Klein, Legislative Legal
Services, that highlighted multiple constitutional issues with
the bill.
1:34:52 PM
REPRESENTATIVE ALLARD asked how the bill could be in violation
of a person's free right to assemble.
MR. TAYLOR said the bill was drafted at the behest of the
governor. He opined that the bill is constitutionally sound and
would stand up to legal challenges.
1:35:48 PM
The committee took a brief at-ease.
1:36:11 PM
REPRESENTATIVE ALLARD asked whether any bill could be
constitutionally challenged by any person at any time.
MR. TAYLOR confirmed that anybody can make a claim.
REPRESENTATIVE ALLARD expressed her appreciation for the
proposed legislation because [protestors] could be disruptive to
people's safety.
1:36:57 PM
REPRESENTATIVE CARPENTER directed attention to Section 4 and
asked whether someone outside the state could be held civilly
liable for promoting a particular event on social media.
MR. TAYLOR said it depend on what that person is saying. He,
added that if an individual or organization is directly
encouraging people to break the law in Alaska, that entity could
be held liable in violation of this law.
REPRESENTATIVE CARPENTER directed attention to Section 9 and
asked whether there is a distinction between subparagraph (B)
and subparagraphs (A) and (C).
MR. TAYLOR affirmed that interfering with access to a public
place that renders governmental or judicial services would bump
the penalty to a class A misdemeanor.
1:40:10 PM
REPRESENTATIVE CARPENTER highlighted the phrase "substantially
interferes" and asked how to define "impassable" and
"obstruction" and whether they're the same thing as
"unreasonable inconvenience."
MR. TAYLOR said those terms are not defined in statute.
Discernment would be left up to the judge or jury.
1:41:41 PM
REPRESENTATIVE CARPENTER asked whether whoever is in charge of
the public building would be in charge of determining an
"unreasonable interference."
MR. TAYLOR reiterated that discretion would be up to the
responding officer and the court.
1:42:26 PM
REPRESENTATIVE SUMNER recalled a dispute over the location of
the Iditarod trail in the Mat-Su borough and asked whether the
law would apply RS 2477 Rights-of-Way trails.
MR. TAYLOR shared his understanding that it would apply to that
scenario.
1:43:16 PM
REPRESENTATIVE GROH questioned whether lawsuits filed by private
citizens could attempt to financially bankrupt those with
unpopular opinions through the "very unusual" framework for
civil liability that's provided in Section 4.
MR. TAYLOR answered no, because if organizations follow the law,
they have nothing to worry about in this bill.
REPRESENTATIVE GROH asked whether the bill identifies a specific
period of time required before obstruction would be considered
criminal.
MR. TAYLOR answered no, the bill does not identify a time
period. He reiterated that it would be left up to the
discretion of the responding officers, prosecutors, judge, and
jury.
REPRESENTATIVE GROH asked whether the term "unreasonable
inconvenience" is defined in the bill.
MR. TAYLOR answered no.
REPRESENTATIVE GROH asked whether the legislation requires that
the obstruction prevents another person from passing.
MR. TAYLOR said that is one criterion. The other is
"unreasonably obstructs." He shared an example.
1:47:50 PM
REPRESENTATIVE GROH asked whether the lack of a definition of
"unreasonable inconvenience" could lead a court to declare the
legislation unconstitutional due to vagueness.
MR. TAYLOR replied that he does not have that worry.
1:48:33 PM
REPRESENTATIVE GROH asked whether it would be useful to hear
from legislative attorneys given the seven-page opinion from
Legislative Legal Services.
MR. TAYLOR reiterated that he is not concerned about the bill
violating the Alaska Constitution in any way.
CHAIR VANCE announced that the bill would be held over.
1:49:38 PM
The committee took a brief at-ease.
HB 105-SEX/REPRODUCTION EDUCATION; SCHOOLS
1:50:33 PM
CHAIR VANCE announced that the next order of business would be
HOUSE BILL NO. 105, "An Act relating to parental rights in a
child's education; relating to access to school records;
relating to sex education, human reproduction education, and
human sexuality education; relating to school disciplinary and
safety programs; and providing for an effective date." [Before
the committee was CSHB 105(EDC).]
1:51:08 PM
DEENA BISHOP, EdD, Commissioner, Office of the Commissioner,
Department of Education and Early Development, on behalf of the
House Rules Standing Committee, sponsor by request of the
governor, presented CSHB 105(EDC). She paraphrased the letter
of transmittal [hard copy included in the committee packet],
which read as follows [original punctuation provided]:
Under the authority of Article III, Section 18, of the
Alaska Constitution, I am transmitting a bill amending
Alaska's education statutes to increase opportunities
for parental involvement in their children's education
by creating meaningful notice and consent
requirements. The bill requires school districts to
allow parental access to school records and to develop
policies requiring written consent prior to providing
instruction related to human reproduction and sexual
matters.
Parental involvement initiatives in public education
have been increasing nationwide. In Alaska, parents
are becoming more actively involved in the content and
quality of instruction provided in public schools.
This involvement has resulted in an increased focus on
the presentation of content and materials that may not
be age-appropriate for all children. This bill
addresses these concerns by placing matters of
personal identification and sexual education directly
in the hands of parents at the local level.
Under the terms of the bill, school districts must
adopt rules that provide for notice and affirmative
written consent prior to any activity, class, or
program that includes sensitive and personal content
involving gender identity, human reproduction, or
sexual matters, and a class involving sex education
may not be attended by a child enrolled in a grade
below fourth grade. In addition, the bill recognizes
the rights of parents to designate the official name
used by schools when addressing or referring to
enrolled students. The bill authorizes the enforcement
of these policies through the use of civil litigation
by parents against school districts that knowingly or
recklessly refuse to comply with the statute.
A parent's right to information about a student's
physical, medical, and mental health is absolutely
critical to ensure the safety and privacy of their
children. Given the complex and dynamic nature of the
modem school environment, it is counterproductive to
create situations where a child's various caregivers
are not all operating on the same page. To that end,
this bill also prevents school districts from refusing
to release sensitive and personal student records to
the child's legal parent or guardian.
Finally, the bill recognizes every child's right to
privacy by requiring school districts to adopt
procedures addressing the physical safety and privacy
of students in locker rooms and restrooms
in public schools.
1:58:48 PM
REPRESENTATIVE ALLARD moved to adopt the proposed committee
substitute (CS) for HB 105, Version33-GH1072\O, Bergerud,
4/13/24, as the working document.
REPRESENTATIVE GRAY objected.
1:59:24 PM
BOB BALLINGER, Staff, Representative Sarah Vance, Alaska State
Legislature, on behalf of Representative Vance, gave an
explanation of changes in the proposed CS for HB 105, Version O
[included in the committee packet], which read as follows
[original punctuation provided]:
Section 1 amends AS 14.03.016(a) to do 3 things:
1. Require that a child's parent provide written
permission before the child may participate in any
activity, class, or program that includes content
involving sexual matters;
2. Require written permission from a parent before the
name or pronoun used by a public school to address or
refer to the child in person, on school
identification, or in school records is changed; and
3. Require that a parent be informed in writing of the
right to pursue legal action against a school district
if the parent's rights have been violated.
Section 2 amends AS 14.03.016(d) by adding two new
paragraphs to define "gender identity" and "sexual
matters."
Section 3 amends AS 14.03.016(d) by adding two new
subsections (e) and (f) to establish the penalties for
violations of a policy adopted under this section in
(e) and in subsection (f), to require a school to
coordinate with a parent to provide supplemental
materials when a child is withdrawn from a class under
this section.
Section 4 amends AS 14.03.115 to require schools to
provide the "entire" record of a student if requested
and to provide a written explanation that includes the
legal exemption for withholding that portion of the
record if they do not provide it.
Section 5 amends AS 14.20.020(k) to include training
on sex trafficking and human trafficking.
Section 6 amends AS 14.30.030 to include guidelines
for the procedures schools must establish to prevent
and reduce truancy.
Section 7 amends AS 14.30.355(a) to include training
on sex trafficking and human trafficking.
Section 8 amends AS 14.30.355(b) to include guidelines
for the training required in (a), information about
safe online practices, sex trafficking, and human
trafficking.
Section 9 amends AS 14.30.361 by adding two new
subsections (e) and (f). Subsection (e) prohibits
teaching students any material that includes "sexual
matters" without obtaining the written permission
required in AS 14.03.016(a)(3), and Subsection (f)
prohibits the teaching of "sexual matters" to children
in K-3 except as provided for in AS 14.30.355.
Section 10 amends AS 14.33.120(a) to include a
Paragraph 10 to require school boards to establish
procedures to address the physical safety and privacy
of students in locker rooms and restrooms.
2:07:29 PM
REPRESENTATIVE GRAY maintained his objection.
2:07:39 PM
A roll call vote was taken. Representatives Carpenter, C.
Johnson, Sumner, Allard, and Vance voted in favor of adopting
CSHB 105, Version O, as the working document. Representatives
Gray and Groh voted against it. Therefore, Version O was
adopted by a vote of 5-2.
2:08:42 PM
REPRESENTATIVE CARPENTER referred to Section 1, paragraph (7) of
Version O and asked whether school districts would still be
required to keep a list of pronouns and names with the
permission slips or whether that list would no longer be needed.
COMMISSIONER BISHOP said a list of pronouns would be maintained
for each classroom in a computerized program.
2:10:43 PM
REPRESENTATIVE CARPENTER asked whether the list and
identification of names and pronouns were for the exclusive use
of teachers or whether parents and students would be expected to
use the identified pronouns too.
COMMISSIONER BISHOP said the expectation would be for the name
to be utilized if parents gave permission.
REPRESENTATIVE CARPENTER said he was trying to understand the
purpose of the list and the permissions slip in the first place.
COMMISSIONER BISHIP confirmed that the list of approved names
would exist to be used by the educator.
REPRESENTATIVE CARPENTER asked whether the school district would
require students to follow the approved list of names for [their
fellow] students, and whether not following the list would be in
violation of those students' rights.
2:13:53 PM
COMMISSIONER BISHOP said there is no state law that addresses
this specific issue; however, it could be possible for policy
regarding approved name usage to be placed in the student
handbook.
2:14:43 PM
REPRESENTATIVE SUMNER asked whether the district would have
civil liability if a teacher misgendered a child or refused to
use his/her parent approved pronouns for religious reasons.
COMMISSIOENR BISHOP said she is unsure of the legality. She
added that some educators have expressed interest in creating a
teacher's bill of rights.
2:15:46 PM
CHAIR VANCE announced that CSHB 105, Version O, would be held
over.
2:16:57 PM
The committee took an at-ease from 2:16 to 2:19 p.m.
HB 338-PHYS LBLTY: GENDER TRANS PROCEDURE;MINORS
2:19:19 PM
CHAIR VANCE announced that the final order of business would be
HOUSE BILL NO. 338, "An Act relating to physician liability for
gender transition procedures performed on minors; and providing
for an effective date."
2:19:45 PM
REPRESENTATIVE ALLARD, prime sponsor, presented HB 338. She
shared the sponsor statement [included in the committee packet],
which read as follows [original punctuation provided]:
An alarming number of adults who received gender
transition treatments or surgeries as children have
regretted those decisions. Over the last few years,
many European countries have adopted more restrictions
and started to reconsider the use of these treatments
provided to minors.
House Bill 338 (HB338) amends Alaska's Code of Civil
Procedure by allowing recovery of damages against
physicians who perform a procedure on minors that
result in injury. Some of these surgical procedures
are irreversible. HB338 focuses on the importance of
rigorous medical oversight and informed consent. An
action brought under this section must begin or start
within 20 years after the accrual of the cause of
action.
HB338 is a necessary step towards safeguarding the
well-being of children. It ensures that the medical
community in Alaska adheres to the highest standards
of care and that families can make well-informed
decisions.
2:21:20 PM
REPRESENTATIVE ALLARD presented the sectional analysis for HB
338 [included in the committee packet], which read as follows
[original punctuation provided]:
Section 1: This section amends the Alaska Code of
Civil Procedure, AS 09.10.055(b), by adding a new
exception to allow recovery of damages under Section
3, which relates to gender transition procedures
performed on minors.
Section 2: This section amends AS 09.55.549(f), which
deals with the limitation on noneconomic damages in
certain cases. The amendment specifies that the
limitation does not apply if the damages resulted from
reckless or intentional misconduct or from an action
brought under the newly proposed
Section 3. Section 3: This section adds AS 09.65.175
to establish claims for recovery of damages against a
physician for any injury or condition suffered by the
procedure. The action must be commenced within 20
years after the accrual of the cause of action.
Section 4: This section specifies that the Act takes
effect immediately.
REPRESENTATIVE ALLARD noted that she had reached out to numerous
statewide experts who are in support of the bill; however, they
said that the Alaska State Medical Board had threatened to
revoke their licenses during the COVID-19 Pandemic and felt that
they could be targeted for coming forward.
CHAIR VANCE opened invited testimony.
2:23:34 PM
STEPHANIE WINN, representing self, gave invited testimony during
the hearing on HB 338. She informed the committee that she is a
licensed marriage and family therapist in the state of Oregon
but is testifying on her own behalf in favor of the bill. As a
left leaning therapist who was once trained to provide gender
affirming care, she said she began to pivot the moment she
realized that people were being harmed by this approach. She
said she recognized that it was her ethical duty to listen to
"detransitioners" and those with painful regrets and
complications from drugs and surgeries that do not deserve to be
called experimental. She added that countless colleagues share
her concerns, whether publicly vocal or not. Since she first
began to change her stance in 2020, an abundance of evidence has
emerged supporting this position, including the publication of
numerous books, peer reviewed articles, and systematic evidence
reviews. She added that more whistleblowers have sounded the
alarm, and European countries have changed trajectories,
recommending a cautious attitude that provides therapy before
life altering medical procedures, and prioritizes the lifelong
health span of the patient. She opined that in 2024, physicians
have no excuse for eschewing reasonable caution, dismissing
testimonies of harmed and aggrieved parents, abandoning the
Hippocratic principle of nonmaleficence in medicine, and
disregarding the growing body of evidence that pediatric sex
trait modification is the most unconscionable medical scandal of
this time. She stated that HB 338 ensures justice for patients
and families who have been harmed by unscrupulous doctors who
have the hubris to ignore their conscience as well as the
evidence. She opined that medical professionals should take
well established facts about well-established psychology into
account and decline to provide treatments that are likely to do
more harm than good in the long run. She proceeded to list the
potential physical consequences of sex trait modification
procedures.
2:27:52 PM
IVAN ABDOUCH, PhD, representing self, retired associate
professor emeritus at the University of Nebraska Medical Center,
gave invited testimony during the hearing on HB 338. He
acknowledged that people on all sides of this issue want what's
best for these kids; however, they disagree on what's best:
medicate and operate, or wait until adulthood. He agreed with
the latter. He shared that he had come before the committee to
offer his perspective after 30 years in the business, which says
that medical and surgical gender transition in children and
adolescents should never be done. He made clear the following
misconception: medical and surgical treatment is for gender
dysphoria, not to address the transgender state per se. He
requested that the committee members keep the following three
facts in the forefront of their deliberation: there are not
current, generally accepted standards of care; no one can
determine with certainty the gender trajectory of a child or
adolescent for their lifetime; the danger of that incorrect
selection is amplified by the fact that treatment effects are
irreversible, and the unwanted effects are lifelong. He urged
policy makers to ask and answer the following question: What is
an acceptable number or children who experience irreversible
harm of lifelong effects due to erroneous medical or surgical
management? He submitted that the least unsafe management is
counseling by a competent therapist. He said please don't let
misdirected beliefs supersede safety.
2:32:00 PM
ARII DEWOLF, representing self, public policy professional, gave
invited testimony during the hearing on HB 338. He shared his
background as a gay, half black, Jewish conservative, adding
that "[his] story is America's story." He commented on the
removal of the human individual in medicine. He expressed
concern that big politics and big money have joined forces to
undermine the rights of individual Americans who are ascending
in the next generation. He opined that people cannot discover
who they are when there is a pipeline into medicalization,
pharmaceuticals, and surgical interventions. He emphasized the
importance of remembering why this country was founded, the
principles of the individual, and common sense.
2:36:24 PM
MATT SHARP, Senior Counsel, Alliance Defending Freedom, gave
invited testimony during the hearing on HB 338. He noted that
the Alliance Defending Freedom serves as co-counsel with the
State of Alabama, defending its law that protects children from
dangerous gender transition drugs and surgeries. Children who
experience discomfort with their biologicals sex need access to
compassionate, effective mental healthcare, he said. However,
activists and profit driven gender clinics have deceived
children and parents alike into believing that unnatural, life
altering, and even permanently sterilizing puberty blockers,
hormones and surgeries are the solution to their struggle. He
pointed out that laws have long protected children from things
that society has deemed harmful, or that a child lacks the
maturity and experience to handle. He questioned how a child
that lacks the maturity to sign a contract, vote, purchase
alcohol, or get a tattoo could be mature enough to consent to
experimental, potentially irreversible medical procedures that
can lead to permanent sterilization. He added that court
rulings have held that states have a compelling interest in
protecting the physical and psychological wellbeing of minors.
As a result, Alaska can limit the freedom of children to choose
for themselves in making important, affirmative choices with
potentially serious consequences. He cited research that swayed
England's national health service, along with health authorities
in Sweden and Finland, to stop using puberty blockers and
hormones to treat gender dysphoric youth in clinical settings.
Based on this evidence, he reported that 24 states have enacted
laws like HB 338 to protect children from these practices.
Instead, they are prioritizing counseling and therapy for
children who express distress over their biological sex. He
referenced recent decisions by appellate courts, as well as the
U.S. Supreme Court, that allow these laws to be upheld to
protect children's health and safety.
2:42:11 PM
REPRESENTATIVE ALLARD noted that none of the invited testifiers
had been paid to share these opinions.
CHAIR VANCE sought questions from committee members.
2:42:52 PM
REPRESENTATIVE GRAY asked whether the testifiers had met any
happy transgender ("trans") children who do not regret their
decisions.
2:43:59 PM
DR. ABDOUCH cautioned against using the term "transgender"
because it's hard to know with certainty whether a child is
transgender and/or gender dysphoric. He added that he had seen
many children that were dissatisfied or regretful over their
decisions.
MS. WINN noted that she lives in Portland where there is a
"showiness" about trans pride. she questioned whether there is
evidence that any transient feelings of joy, happiness, or
euphoria some of which could be placebo or the effect of mood-
altering substances outweigh the impact of lost fertility,
increased risk of cardiovascular disease, cancer, Alzheimer's,
dementia, the inability to have children, and a greatly reduced
dating pool. She added that as a therapist, she must think
beyond face value to the long-term developmental trajectory of
the individual.
MR. DEWOLF said he had transsexual family members and friends
who are no longer [alive], whether by lifestyle or what happened
to their bodies. He shared that a gender clinic is being built
to help people who have experienced harm because there are
enough that have been harmed by it.
MR. SHARP responded that ultimately, subjective feelings are not
what the legislature looks at. Instead, he urged the
legislature to consider evidence and other systematic reviews in
deciding the best policies for Alaska.
2:49:18 PM
REPRESENTATIVE CARPENTER asked whether it's the gender
reassignment procedure or the opinion of the medical
professional that puts the child at risk.
DR. ABDOUCH answered, "both." He reflected on his 30-year
practice in the transgender world with a multi-disciplinary
group of psychologists, psychiatrists, counselors, and allied
health people who would not treat anyone under the age of 25.
He explained that the procedures carry significant risk beyond
the usual surgical risk because it attempts to treat a
psychological problem with medical or surgical treatment.
MS. WINN commented on the power of the authority held by medical
professionals. She agreed that the answer is "both," and
acknowledged the emotional weight of a professional endorsing a
specific treatment.
DR. ABDOUCH advised using the terms "trans" and "experimental
treatment" with caution, opting instead for "untested."
2:55:08 PM
REPRESENTATIVE SUMNER shared his understanding that a small
percentage of babies are born hermaphroditic or with a
significant genital malformation. He asked whether treating
those [anatomic distortions] would fall under gender transition
procedure or whether it would be classified as some other
medical procedure.
REPRESENTATIVE ALLARD said that is not included in the bill and
shared her understanding that those [distortions] are very rare.
MR. ABDOUCH clarified that anatomic distortions are an entirely
different conversation.
2:56:46 PM
MS. WINN informed the committee that she had met with many
people with sexual development disorders. She emphasized that
the disordered sexual development (DSD) community is not
thrilled about being brought into this discussion.
CHAIR VANCE sought closing comments from the bill sponsor.
2:58:22 PM
REPRESENTATIVE ALLARD stated that children are not meant for
unintended body mutilation. She opined that anyone who pushes
for their children to have breasts or genitalia cut off, or
given hormone blockers, should be held accountable. She
characterized the procedures as child abuse worthy of criminal
charges.
CHAIR VANCE announced that HB 183 would be held over.
2:59:35 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:59 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 386 - Transmittal Letter v.A.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 386 |
| HB 386 - v.A.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 386 |
| HB 386 - Sectional Analysis v.A.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 386 |
| HB 386 - Highlights v.A.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 386 |
| HB 338 - Sponsor Statement 4.2.24.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 338 |
| HB 338 - v.A.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 338 |
| HB 338 Sectional Analysis 4.2.24.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 338 |
| HB 338 - Zero Fiscal Impact Statement.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 338 |
| CSHB 105 - Sponsor Statement Parental Rights TL House.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |
| CSHB 105 - v.S.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |
| CSHB 105 - (EDC) Sectional Analysis.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |
| CSHB 105 - (EDC) Summary of Changes.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |
| CSHB 105 - (EDC)-EED-PEF-4-27-23.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |
| CSHB 105 - (EDC)-EED-FP-4-27-23.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |
| HB 105 - Proposed CS v.O.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |
| HB 386 - PowerPoint Presentation.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 386 |
| Judiciary CS to HB 105 - Sectional Analysis.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |
| HB 338 - Supporting Documents.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 338 |
| CSHB 105 - Sectional Analysis v.O.pdf |
HJUD 4/15/2024 1:00:00 PM |
HB 105 |