03/22/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SJR10 | |
| SB67 | |
| SB70 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 70 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SJR 10 | ||
| = | SB 67 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 22, 2005
8:34 a.m.
MEMBERS PRESENT
Senator Ralph Seekins, Chair
Senator Charlie Huggins, Vice Chair
Senator Gene Therriault
Senator Hollis French
Senator Gretchen Guess
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE JOINT RESOLUTION NO. 10
Supporting the federal marriage amendment.
MOVED SJR 10 OUT OF COMMITTEE
SENATE BILL NO. 67
"An Act relating to claims for personal injury or wrongful death
against health care providers; and providing for an effective
date."
HEARD AND HELD
SENATE BILL NO. 70
"An Act relating to controlled substances regarding the crimes
of manslaughter, endangering the welfare of a child, and
misconduct involving a controlled substance; and providing for
an effective date."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SJR 10
SHORT TITLE: SUPPORT FEDERAL MARRIAGE AMENDMENT
SPONSOR(s): SENATOR(s) DYSON
02/28/05 (S) READ THE FIRST TIME - REFERRALS
02/28/05 (S) JUD
03/09/05 (S) JUD AT 8:30 AM BUTROVICH 205
03/09/05 (S) Scheduled But Not Heard
03/17/05 (S) JUD AT 8:30 AM BUTROVICH 205
03/17/05 (S) Scheduled But Not Heard
BILL: SB 67
SHORT TITLE: CLAIMS AGAINST HEALTH CARE PROVIDERS
SPONSOR(s): SENATOR(s) SEEKINS
01/21/05 (S) READ THE FIRST TIME - REFERRALS
01/21/05 (S) L&C, JUD
02/08/05 (S) L&C AT 1:30 PM BELTZ 211
02/08/05 (S) Heard & Held
02/08/05 (S) MINUTE (L&C)
03/01/05 (S) L&C AT 1:30 PM BELTZ 211
03/01/05 (S) Moved SB 67 Out of Committee
03/01/05 (S) MINUTE (L&C)
03/02/05 (S) L&C RPT 3DP 1DNP
03/02/05 (S) DP: BUNDE, SEEKINS, STEVENS B
03/02/05 (S) DNP: ELLIS
03/08/05 (S) JUD AT 8:30 AM BUTROVICH 205
03/08/05 (S) Heard & Held
03/08/05 (S) MINUTE (JUD)
03/17/05 (S) JUD AT 8:30 AM BUTROVICH 205
03/17/05 (S) Heard & Held
03/17/05 (S) MINUTE (JUD)
BILL: SB 70
SHORT TITLE: CRIMES INVOLVING CONTROLLED SUBSTANCES
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/21/05 (S) READ THE FIRST TIME - REFERRALS
01/21/05 (S) HES, JUD
02/23/05 (S) HES AT 1:30 PM BUTROVICH 205
02/23/05 (S) Heard & Held
02/23/05 (S) MINUTE (HES)
02/25/05 (S) HES AT 1:30 PM BUTROVICH 205
02/25/05 (S) Moved CSSB 70(HES) Out of Committee
02/25/05 (S) MINUTE (HES)
02/28/05 (S) HES RPT CS 1DP 2NR NEW TITLE
02/28/05 (S) DP: DYSON
02/28/05 (S) NR: GREEN, ELTON
02/28/05 (S) FIN REFERRAL ADDED AFTER JUD
03/22/05 (S) JUD AT 8:30 AM BUTROVICH 205
WITNESS REGISTER
Senator Fred Dyson
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of SJR 10
Mr. Michael MacLeod-Ball, Director
Alaska Civil Liberties Union (AkCLU)
POSITION STATEMENT: Testified in opposition of SJR 10
Mr. Ward Murdes, Attorney
No address provided
POSITION STATEMENT: Testified in opposition of SB 67
Ms. Margaret Luey
No address provided
POSITION STATEMENT: Testified in opposition of SB 67
Mr. Richard Luey
No address provided
POSITION STATEMENT: Testified in opposition of SB 67
Mr. Brian Slocum, Administrator
Tanana Valley Clinic
POSITION STATEMENT: Testified in support of SB 67
Mr. Jim Jordan, Executive Director
Alaska State Medical Association
POSITION STATEMENT: Testified in support of SB 67
Mr. Dean Guaneli, Chief Assistant Attorney General
Criminal Division
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Introduced SB 70
ACTION NARRATIVE
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 8:34:27 AM. Present were Senators
Hollis French, Charlie Huggins, Gretchen Guess, and Chair Ralph
Seekins.
SJR 10-SUPPORT FEDERAL MARRIAGE AMENDMENT
8:35:09 AM
SENATOR FRED DYSON introduced SJR 10. Since 1998 44 states have
amended their constitution to better define marriage as between
one man and one woman. Courts in Massachusetts, Vermont and
California have made decisions casting doubts upon the
constitutionality of those laws. Marriages performed in
Massachusetts between same sex couple cause difficulty with
other states due to the differences in states laws. The US
Congress supports the Federal Defense of Marriage Act and Alaska
would show support by passing SJR 10.
8:39:24 AM
Senator Gene Therriault joined the committee.
SENATOR HOLLIS FRENCH expressed preference for letting each
state decide its own laws.
SENATOR DYSON expressed preference for consistency across the
nation.
8:41:35 AM
CHAIR SEEKINS asked Senator Dyson whether the Massachusetts
decision was done by the courts or by the people.
SENATOR DYSON responded the courts.
SENATOR CHARLIE HUGGINS shared Senator Dyson's perspective.
8:44:14 AM
SENATOR FRENCH asked Senator Dyson whether he would support
adding an exception to the Full Faith and Credit Clause
identifying that Alaska does not want to be put in the position
of honoring another states laws on marriage.
SENATOR DYSON said it would not have the same urgency as SJR 10.
CHAIR SEEKINS expressed support for Senator French's suggestion.
8:45:51 AM
MR. MICHAEL MACLEOD-BALL, director, Alaska Civil Liberties Union
(AkCLU) testified in opposition to the resolution. He said a
couple married in another jurisdiction subjects themselves to
Alaska's law when moving to Alaska. There is nothing that would
require Alaska courts or companies to acknowledge the validity
of the marriage.
8:47:34 AM
The AkCLU supports the full extension of marriage rights to all
couples. The author of the Federal Defense of Marriage Act, Mr.
Bob Barr, opposes this type of legislation due to states rights.
8:49:19 AM
MR. MACLEOD BALL quoted Mr. Barr's testimony to the US Congress:
By moving what has traditionally been a state
prerogative, local marriage laws, to the federal
government it's in direct violation of the principals
of federalism. In treating the US Constitution as an
appropriate place to impose publicly contested social
policies it would cheapen the sacrosanct nature of
that document opening the door to future meddling by
liberals and conservatives. Third, it is unnecessary
as long as the Federal Defense of Marriage Act is
enforced.
8:50:39 AM
Conservative representatives have expressed concern about the
federal preemption of the state having the ability to make its
own decisions. Most people are against discrimination. SJR 10
has the potential to take away rights of partners such as
hospital rights, pension rights, and inheritance rights.
8:51:53 AM
SENATOR THERRIAULT asked Mr. Macleod Ball how Wyoming dealt with
the Full Faith and Credit Clause issue.
MR. MACLEOD-BALL did not know.
SENATOR THERRIAULT speculated they chose to ignore it.
MR. MACLEOD BALL quoted Senator John Haynes from Wyoming
testimony to the US Congress.
"State courts have over 200 years of experience in
deciding which out of state marriages they will
recognize."
What he is talking about is an area reserved for the states and
the federal government has traditionally stayed out of it.
8:53:39 AM
CHAIR SEEKINS said in this case the people of Alaska have said
marriage should be between one man and one woman.
MR. MACLEOD-BALL said the issue is whether the people of the
United States should make decisions for the people in every
state.
CHAIR SEEKINS said often courts make decisions that are contrary
to what the people would do if they were asked.
8:58:54 AM
SENATOR THERRIAULT agreed the beginning of the civil rights
movement would not have garnered majority support if the people
of the US were polled.
MR. MACLEOD BALL asserted an Alaska court might have to
interpret Massachusetts's case law in the event of a same sex
marriage ending in divorce. However, courts have always been
burdened with those types of decisions. Alaska still would not
have to recognize the marriage.
9:01:23 AM
MR. MACLEOD BALL took the position that SJR 10 was not
necessary. The Federal Defense of Marriage Act is already in
place.
9:02:59 AM
SENATOR FRENCH asked Mr. Macleod Ball what is in the Federal
Defense of Marriage Act that works against the idea of civil
unions.
MR. MACLEOD BALL said there was no short answer. The AkCLU's
concern is the federal amendment would change the benefit of
civil unions.
9:04:37 AM
CHAIR SEEKINS closed public testimony.
SENATOR HUGGINS moved SJR 10 from committee. Hearing no
objections the motion carried.
SB 67-CLAIMS AGAINST HEALTH CARE PROVIDERS
9:06:02 AM
CHAIR SEEKINS announced SB 67 to be up for consideration.
MR. WARD MURDES, attorney, divided his testimony into three
concepts: responsibility, trust, and value. Whenever a bill
lowers a person's responsibility it invites the same social
aspects. No one can prove the insurance companies will lower
premiums in response to the bill. SB 67 would punish people who
are severely harmed.
9:10:35 AM
The state should trust the juries and the judges to apply the
law. The insurance company attorneys consistently demand a jury
trial because juries are notoriously cheap. The $250,000 cap
would negatively affect the most horribly injured. There is
currently no indication that the insurance companies would
decrease their rates as a result of SB 67. Doctors should be
held accountable for every dollar of damage they cause. He
opposed SB 67 in total.
9:13:38 AM
SENATOR THERRIAULT asked Mr. Murdes to talk about the current
system, which has a $400,000 cap, and the workability of getting
around the cap.
MR. MURDES said in 17 years of medical malpractice work he has
never had a verdict for personal injury non-economic damages
exceeding $250,000. Alaskan jurors overall simply don't award
big money. Getting around the cap is a non-issue.
SENATOR THERRIAULT said the next case might receive the big
money judgment.
MR. MURDES asserted that Alaskan jurors are not inclined to
award damages against doctors. He urged the committee to do some
research into the perceived crisis and he volunteered his time
to do an analysis for the committee.
9:17:27 AM
SENATOR THERRIAULT asked Mr. Murdes his suggestion on allowing
an upper limit.
MR. MURDES said the jury addresses the compensatory damage
limit. Gross negligence is not defined very well in Alaska law.
Sometimes doctors don't do what they are paid to do and they
should be held accountable.
9:19:20 AM
MS. MARGARET LUEY testified in opposition to SB 67. Her husband
experienced permanent damage due to medical negligence. At the
time he was 49 and in excellent health. He was intellectually
gifted and a valued employee of British Petroleum as a computer
scientist and lead auditor. He enjoyed fishing, canoeing,
camping, hiking, gardening, and woodwork. Now there is not a day
that passes that Richard does not struggle. It is a labor for
him to communicate and express ideas. He is now stared at and
treated as mentally defective. Non-economic losses and pain and
suffering are terms that are cavalierly tossed around. Richard
suffers from a loss of self-esteem and a loss of his education
due to a brain injury.
9:23:24 AM
When his injury occurred they had just purchased a dream home
and a new car. In an instant that all vanished. Today they face
a mountain of debt. The legal battle for accountability was a
steep uphill fight for five years and they never did get a day
in court. Every attorney stopped helping them due to the
extraordinarily high cost of expert medical testimony estimated
to be $150,000. Doctors are reluctant to testify against each
other and juries tend to presume all doctors are truthful.
9:25:51 AM
This belief requires a higher level of evidence to prove a
doctor has been careless. She urged the committee to quash the
bill.
9:27:41 AM
MR. RICHARD LUEY testified against SB 67.
9:28:53 AM
MR. BRIAN SLOCUM, administrator, Tanana Valley Clinic, testified
in support of SB 67. He said the bill would bring badly needed
physicians into Alaska. There is a growing shortage of doctors
in Alaska's interior. A 2003 American Medical Association review
found that between 1965-2002 non-federal physicians increased at
a rate of 213% while the US population only grew about 51%.
9:30:50 AM
The data suggests the problem of physician shortages is a
localized problem. A recent editorial in Modern Healthcare
predicts a shortage of up to 200,000 doctors by 2020.
9:32:40 AM
This shortage computes that approximately 465 patients will not
be seen daily by the year 2008.
9:36:01 AM
Medical malpractice insurance costs new doctors $250,000 in
Alaska, which causes them to decide to practice elsewhere.
Passing SB 67 will curb a healthcare collapse.
9:37:03 AM
SENATOR FRENCH asked Mr. Slocum what role the Division of
Insurance played in approving the recent medical malpractice
premium increase.
MR. SLOCUM said he didn't know.
SENATOR FRENCH asked for a link between medical malpractice caps
and doctor availability.
9:38:46 AM
MR. SLOCUM said he did not have specific information on that.
SENATOR GUESS asked Mr. Slocum to comment whether the clinic has
had an arbitration case go to a review panel.
MR. SLOCUM said they did have a case that was settled before
trial. Typically attorneys make the decision regarding
arbitration and review panels.
9:41:08 AM
SENATOR GUESS asked whether he had any information to show that
the two existing insurance companies wouldn't leave if a cap is
put in place.
MR. SLOCUM had no proof of that.
9:43:10 AM
MR. JIM JORDAN, executive director, Alaska State Medical
Association, testified in support of SB 67. The six states that
have fewer doctors per capita than Alaska are Idaho, Oklahoma,
Mississippi, Nevada, Wyoming and Iowa. One reason why the
Medical Indemnity Corporation of Alaska (MICA) disappeared is it
was an effective victim of it's own success. It produced
positive gains and the Internal Revenue Service taxed it
federally. There was concern that same theory would be applied
to other state organizations i.e. the Permanent Fund.
9:50:21 AM
Mr. Jordan disagreed with concern expressed that if the cap were
established at $250,000 it would impact the ability of people to
go to court. Two of the three insurance companies who left
Alaska do business in Idaho with a premium rate of 48 percent
lower.
9:54:59 AM
An OBGYN working in Nome could no longer afford the premiums and
had to quit doing certain medical procedures.
9:55:54 AM
SENATOR THERRIAULT asked Mr. Jordan to speak of punitive
damages.
MR. JORDAN said AS 09.17.020 explains that.
SENATOR GUESS asked whether Mr. Jordan knew of case law on how
future economics work for children.
MR. JORDAN knew of no case law. The Alaska State Medical
Association's attorney does medical malpractice awards and he
indicated it is very unusual for the plaintiff and defense to
differ on the value of future economic earnings, including
children.
9:57:45 AM
SENATOR GUESS asked Mr. Jordan whether the Legislature should
attempt to increase the Washington, Alaska, Montana, Idaho
(WAMI) program in order to address the shortage of physicians.
9:59:24 AM
MR. JORDAN agreed expansion of the WAMI program would help.
10:00:54 AM
SENATOR FRENCH advised Mr. Jordan much of the information the
Legislature has received on SB 67 does not confirm that rates
would change as a result of passage of the bill. He asked for a
response.
MR. JORDAN said all other things remaining equal rates would
decrease. However, other impacts will cause the rates to rise.
CHAIR SEEKINS closed public testimony. He held the bill in
committee.
10:15:32 AM < Recess > 10:15:52 AM
SB 70-CRIMES INVOLVING CONTROLLED SUBSTANCES
10:15:52 AM
CHAIR SEEKINS announced SB 70 to be up for consideration.
MR. DEAN GUANELI, chief assistant attorney general, Department
of Law (DOL) explained SB 70 is commonly referred to as the
governor's methamphetamine bill.
10:16:50 AM
CHAIR SEEKINS clarified the committee was considering Version
\G.
MR. GUANELI detailed Section 1 addresses all forms of drugs
manufactured or sold in Alaska. If a person were to make or sell
these drugs and someone dies as a result of direct ingestion it
would be a manslaughter charge. Section 2 creates a defense in
the case of drugs stolen out of a secure area.
10:19:51 AM
Sections 3, 4, and 5 are provisions that directly relate to
methamphetamine (meth) manufacturing. The manufacturing of meth
is a dangerous activity using flammable, explosive, and toxic
materials.
10:22:03 AM
Section 6 addresses a specific type of meth commonly called meth
oil. Section 7 makes anabolic steroids a controlled substance
under the Alaska criminal code.
10:27:53 AM
SENATOR THERRIAULT noted there was no definition of ingestion in
Alaska statutes.
MR. GUANELI said it was the intent that ingestion would be a
broader term than in the mouth. The intent is to cover all forms
of use. SB70 is intended to get to the manufacturers of the
drugs.
10:30:43 AM
SENATOR THERRIAULT speculated there was a possible problem with
using the words "result of use."
MR. GUANELI explained in the situation where someone unknowingly
takes a controlled substance they wouldn't be charged with
using. Deliberate or accidental use would be an appropriate
amendment.
10:31:44 AM
SENATOR FRENCH noted sometimes addicts inject each other. That
denotes voluntary action. He asked whether that situation was
addressed in the bill.
MR. GUANELI said it was intended since the person injecting
controls the dosage.
10:34:17 AM
SENATOR HUGGINS read the manufacturing of meth has a poisonous
effect on the building. He asked about the net effect of that.
MR. GUANELI answered potentially there is an effect on future
residents but it depends on how contaminated the site is. He
indicated the Alaska State Troopers would have expansive
testimony regarding that topic.
10:36:24 AM
SENATOR GUESS referred Senator Huggins to another bill, which
addresses meth lab clean up.
10:38:04 AM
CHAIR SEEKINS held SB 70 in committee. There being no further
business to come before the committee, he adjourned the meeting
at 10:38:44 AM.
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