SB 179-BAN LATE TERM ABORTION; CHILD SURRENDER  1:42:32 PM CHAIR STEDMAN announced the consideration of SB 179. 1:42:53 PM SENATOR JOHN COGHILL, Alaska State Legislature, as sponsor, introduced SB 179. He explained that the bill provides that if a baby is found to be viable under a doctor's judgement, and a mother requests an abortion, the baby would be delivered and given up as a child in need of aid. He noted that "viability" is a new concept in law. The bill repeals the partial-birth abortion ban that has been found unconstitutional. He referred to a booklet that contains several studies on abortion. It shows which states and countries have various bans on abortions. The U.S. is only one of seven countries out of 198 that permit elective abortions past 20 weeks. The U.S fits in between allowing bans between 20 to 22 weeks. He discussed the survival rate at various weeks. He referred to a Gallop Poll that found that 80 percent say during the last months of pregnancy, the fetus should be treated as viable. 1:47:05 PM He discussed Roe v. Wade and said the Supreme Court maintains that states have an interest in protecting the life of a fetus after viability - the point at which the fetus is capable of living outside the womb. He read that the compelling point is at viability and the state may go as far as prohibiting abortion at that period, except to preserve the life of the mother. He stated that Planned Parenthood v. Central Missouri upheld the viability clause, as did Planned Parenthood v. S.E. Pennsylvania. The bill tries to protect the life of the mother and fetus, and allows the doctor to determine viability. He used another example of Gonzales v. Carhart to make his point about the viability clause. 1:50:00 PM SENATOR COGHILL concluded that he has tried to maintain a women's right, as well as viability. He concluded that viability is the big question when determining the value of life. He referred to wording on page 2, lines 11 - 13, which addresses the clinical judgment of a doctor to determine viability. He highlighted Section 1 regarding when an abortion may be performed. He discussed DHSS's involvement regarding CINA when the state takes custody of the child. 1:52:21 PM SENATOR ELLIS asked about the phrase "meaningful life" as it applies to viability. SENATOR COGHILL said that is his own term. The legal term is viability and there is a definition of viability in the bill and it is dependent on a doctor's integrity. CHAIR STEDMAN asked whether Legislative Legal has concerns about SB 179. RYNNIEVA MOSS, Staff, Senator John Coghill, Alaska State Legislature, presented information on SB 179 on behalf of the sponsor. She said Legislative Legal has no legal opinion of version W. 1:54:24 PM SENATOR STOLTZE asked whether the term is "unborn baby" or "fetus." SENATOR COGHILL said "fetus" means "baby" and he uses them interchangeably. He thanked the committee for hearing the bill. He noted the issue has been hotly debated. It is about a baby that could survive an unwanted pregnancy. He said an abortion can be performed and still have a live birth and viability becomes the question. SB 179 is important for Alaska where "we value life very highly." It is a move in the right direction and is a matter that must be argued under the auspices of the law. The bill has respect for the life of a woman and the child, who may not be wanted. 1:55:58 PM SENATOR ELLIS asked who files the CINA petition and what the burden on the state is. MS. MOSS explained that if the child is unwanted, the physician or health practitioner would contact Office of Children's Services (OCS) who would take custody of the child. SENATOR ELLIS asked if OCS would designate that child as a child in need of aid. MS. MOSS said yes. 1:57:16 PM CHAIR STEDMAN held SB 179 in committee.