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.