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.