00 HOUSE BILL NO. 250 01 "An Act interpreting the right to privacy under art. I, sec. 22, Constitution of the State 02 of Alaska; relating to the description of a natural person; defining 'conception' and 03 'preborn child'; relating to civil actions and liability under the Act; repealing limitations 04 on the applicability of laws criminalizing the murder or assault of an unborn child; 05 repealing abortion procedures; relating to crimes involving multiple deaths; changing 06 provisions of certain crimes involving murder, manslaughter, homicide, and assault to 07 refer to preborn children and relating to the penalties and other provisions relating to 08 those crimes; relating to the powers of guardians; relating to powers of attorney for 09 health care decisions; relating to regulation of abortion; relating to medical treatment 10 for minors; relating to the office of public advocacy; repealing medical assistance 11 payment for abortions; relating to court jurisdiction; replacing the term 'unborn' with 12 'preborn' in certain instances; amending Rule 404(a), Alaska Rules of Appellate 01 Procedure; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03  * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 04 to read: 05 SHORT TITLE. This Act may be known as the Life at Conception Act of 2017. 06  * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 LEGISLATIVE FINDINGS. Notwithstanding any other provision of law, the 09 legislature finds that 10 (1) the preamble to the Constitution of the State of Alaska opens, "We the 11 people of Alaska, grateful to God and to those who founded our nation," and the Declaration 12 of Independence states, "We hold these truths to be self-evident, that all men are created 13 equal, that they are endowed by their Creator with certain unalienable Rights, that among 14 these are Life . . . . That to secure these rights, Governments are instituted among Men," and 15 the legislature recognizes that government has a duty to protect and defend the right to life 16 that God has granted to all human beings; 17 (2) the Constitution of the State of Alaska declares, in art. I, sec. 1, that "all 18 persons have a natural right to life," and the Constitution of the State of Alaska further 19 declares in art. I, sec. 7, "No person shall be deprived of life, liberty, or property, without due 20 process of law"; 21 (3) in order to secure the natural right to life for all persons, government must 22 recognize all persons, without discrimination based on age, size, location, disability, stage of 23 development, or condition of dependency; 24 (4) art. I, sec. 1, Constitution of the State of Alaska, provides "that all persons 25 are equal and entitled to equal rights, opportunities, and protection under the law"; 26 (5) art. II, sec. 1, Constitution of the State of Alaska, provides that "The 27 legislative power of the State is vested in a legislature"; the legislature lacks the authority to 28 delegate any portion of the legislative power to the courts, and further, the legislature has not 29 done so; 30 (6) protection of the right to life explicitly recognized by the Constitution of 01 the State of Alaska, through the adoption of state law, is the constitutional responsibility of 02 the legislature, not the courts; 03 (7) art. I, sec. 22, Constitution of the State of Alaska, after recognizing the 04 right of the people to privacy, expressly grants to the legislature the authority to "implement 05 this section," authority which it does not grant to the courts; 06 (8) it was never the intent of art. I, sec. 22, Constitution of the State of Alaska, 07 or any other section of the Constitution of the State of Alaska, to recognize a right to take the 08 life of a preborn child; 09 (9) art. IV, sec. 1, Constitution of the State of Alaska, provides that "The 10 jurisdiction of the courts shall be prescribed by law," reserving to lawmakers a final check on 11 any court that should arrogate power to itself through judicial edict; and 12 (10) to implement equal protection under the law for the right to life of each 13 born and preborn human being, and under the duty and authority of the legislature, in whom 14 all legislative power is vested under art. I, sec. 8, Constitution of the State of Alaska, the 15 legislature hereby declares that the right to life guaranteed to all persons by the Constitution 16 of the State of Alaska is vested in each human being. 17  * Sec. 3. AS 01.10.055 is amended by adding a new subsection to read: 18 (d) A preborn child is a resident of the state if the mother of the preborn child 19 is a resident of the state under this section. 20  * Sec. 4. AS 01.10.060(a) is amended by adding new paragraphs to read: 21 (15) "conception" means, notwithstanding any other provision of law, 22 the beginning of biological development of a human organism when the sperm and the 23 egg fuse, or, in the case of asexual reproduction, the equivalent stage of development 24 where a complete new human organism is present; 25 (16) "natural person" means a human being, regardless of age, 26 location, capacity to function, condition of physical or mental dependency, or 27 disability, from the moment of conception; 28 (17) "preborn child" means a natural person from the moment of 29 conception who has not been born. 30  * Sec. 5. AS 01 is amended by adding a new chapter to read: 31 Chapter 15. Interpretation of Right to Privacy.  01 Sec. 01.15.010. Acts not protected under right to privacy. Notwithstanding 02 any other provision of law, abortion or any other taking of innocent human life is not 03 protected by a right to privacy under art. I, sec. 22, Constitution of the State of Alaska. 04  * Sec. 6. AS 09.10 is amended by adding a new section to read: 05 Sec. 09.10.095. Actions relating to preborn children and human life. A 06 person may not bring an action against the state or an officer or employee of the state 07 alleging that an action taken by a state officer or employee to implement the changes 08 made by this Act exceeds the scope of authority conferred by this Act or has the effect 09 of denying a person the rights guaranteed under the Constitution of the State of Alaska 10 unless the action is commenced within 60 days of the action taken by the officer or 11 employee. 12  * Sec. 7. AS 09.55.585(a) is amended to read: 13 (a) A parent or legal guardian of a preborn [AN UNBORN] child may 14 maintain an action as plaintiff for the death of a preborn [AN UNBORN] child that 15 was caused by the wrongful act or omission of another. 16  * Sec. 8. AS 09.55.585(b) is amended to read: 17 (b) This section does not apply to acts or omissions that are committed  18 [(1) CAUSE THE DEATH OF AN UNBORN CHILD IF THOSE 19 ACTS OR OMISSIONS ARE COMMITTED DURING A LEGAL ABORTION TO 20 WHICH THE PREGNANT WOMAN OR A PERSON AUTHORIZED BY LAW TO 21 ACT ON HER BEHALF CONSENTS OR FOR WHICH CONSENT IS IMPLIED 22 BY LAW; 23 (2) ARE COMMITTED] under usual and customary standards of 24 medical practice during diagnostic testing, during therapeutic treatment, or while 25 assisting a pregnancy [; or 26 (3) ARE COMMITTED BY A PREGNANT WOMAN AGAINST 27 HERSELF AND HER UNBORN CHILD]. 28  * Sec. 9. AS 09.55.585(c) is amended to read: 29 (c) This section does not limit any other cause of action that a parent or legal  30 guardian may maintain for the death of a preborn [AN UNBORN] child. 31  * Sec. 10. AS 09.65 is amended by adding a new section to read: 01 Sec. 09.65.252. Immunity for actions relating to preborn children. A 02 person, including a state officer or employee, may not be held liable for a good faith 03 action taken to implement the changes made by this Act. 04  * Sec. 11. AS 11.41.135 is amended to read: 05 Sec. 11.41.135. Multiple deaths. If more than one person dies as a result of a 06 person committing conduct constituting a crime specified in AS 11.41.100 - 11.41.170 07 [AS 11.41.100 - 11.41.130], each death constitutes a separately punishable offense. 08  * Sec. 12. AS 11.41.150 is amended to read: 09 Sec. 11.41.150. Murder of a preborn [AN UNBORN] child. (a) A person 10 commits the crime of murder of a preborn [AN UNBORN] child if the person 11 (1) with intent to cause the death of a preborn [AN UNBORN] child 12 or of another person, causes the death of a preborn [AN UNBORN] child; 13 (2) with intent to cause serious physical injury to a preborn [AN 14 UNBORN] child or to another person or knowing that the conduct is substantially 15 certain to cause death or serious physical injury to a preborn [AN UNBORN] child or 16 to another person, causes the death of a preborn [AN UNBORN] child; 17 (3) while acting alone or with one or more persons, commits or 18 attempts to commit arson in the first degree, kidnapping, sexual assault in the first 19 degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, 20 sexual abuse of a minor in the second degree, burglary in the first degree, escape in the 21 first or second degree, robbery in any degree, or misconduct involving a controlled 22 substance under AS 11.71.010(a), 11.71.030(a)(1), (2), or (4) - (8), or 11.71.040(a)(1) 23 or (2), and, in the course of or in furtherance of that crime or in immediate flight from 24 that crime, any person causes the death of a preborn [AN UNBORN] child; 25 (4) knowingly engages in conduct that results in the death of a  26 preborn [AN UNBORN] child under circumstances manifesting an extreme 27 indifference to the value of human life; for purposes of this paragraph, a pregnant 28 woman's decision to remain in a relationship in which domestic violence, as defined in 29 AS 18.66.990, has occurred does not constitute conduct manifesting an extreme 30 indifference to the value of human life;  31 (5) knowingly removes, or causes or permits the removal of, a  01 preborn child from the state for the purpose of killing the preborn child. 02 (b) A person may not be convicted under (a)(3) of this section if the only 03 underlying crime is burglary, the sole purpose of the burglary is a criminal homicide, 04 and the preborn [UNBORN] child killed is the intended victim of the defendant. 05 However, if the defendant causes the death of another preborn [UNBORN] child, the 06 defendant may be convicted under (a)(3) of this section. Nothing in this subsection 07 precludes a prosecution for or conviction of murder in the first degree or murder in the 08 second degree, murder of a preborn [AN UNBORN] child under (a)(1), (2), (4), or  09 (5) of this section [AS 11.41.150(a)(1), (2), OR (4)], or any other crime. 10 (c) Murder of a preborn [AN UNBORN] child is an unclassified felony. 11  * Sec. 13. AS 11.41.160 is amended to read: 12 Sec. 11.41.160. Manslaughter of a preborn [AN UNBORN] child. (a) A 13 person commits the crime of manslaughter of a preborn [AN UNBORN] child if, 14 under circumstances not amounting to murder of a preborn [AN UNBORN] child, the 15 person intentionally, knowingly, or recklessly causes the death of a preborn [AN 16 UNBORN] child. 17 (b) Manslaughter of a preborn [AN UNBORN] child is a class A felony. 18  * Sec. 14. AS 11.41.170 is amended to read: 19 Sec. 11.41.170. Criminally negligent homicide of a preborn [AN  20 UNBORN] child. (a) A person commits the crime of criminally negligent homicide of 21 a preborn [AN UNBORN] child if, with criminal negligence, the person causes the 22 death of a preborn [AN UNBORN] child. 23 (b) Criminally negligent homicide of a preborn [AN UNBORN] child is a 24 class B felony. 25  * Sec. 15. AS 11.41.280 is amended to read: 26 Sec. 11.41.280. Assault of a preborn [AN UNBORN] child in the first  27 degree. (a) A person commits the crime of assault of a preborn [AN UNBORN] child 28 in the first degree if 29 (1) that person recklessly causes serious physical injury to a preborn 30 [AN UNBORN] child by means of a dangerous instrument; 31 (2) with intent to cause serious physical injury to a preborn [AN 01 UNBORN] child or to another person, that person causes serious physical injury to a  02 preborn [AN UNBORN] child; 03 (3) that person knowingly engages in conduct that results in serious 04 physical injury to a preborn [AN UNBORN] child under circumstances manifesting 05 extreme indifference to the value of human life; for purposes of this paragraph, a 06 pregnant woman's decision to remain in a relationship in which domestic violence, as 07 defined in AS 18.66.990, has occurred does not constitute conduct manifesting an 08 extreme indifference to the value of human life; or 09 (4) that person recklessly causes serious physical injury to a preborn 10 [AN UNBORN] child by repeated assaults using a dangerous instrument, even if each 11 assault individually does not cause serious physical injury. 12 (b) Assault of a preborn [AN UNBORN] child in the first degree is a class A 13 felony. 14  * Sec. 16. AS 11.41.282 is amended to read: 15 Sec. 11.41.282. Assault of a preborn [AN UNBORN] child in the second  16 degree. (a) A person commits the crime of assault of a preborn [AN UNBORN] child 17 in the second degree if 18 (1) with intent to cause physical injury to a preborn [AN UNBORN] 19 child or to another person, that person causes serious physical injury to a preborn 20 [AN UNBORN] child; 21 (2) that person recklessly causes serious physical injury to a preborn 22 [AN UNBORN] child; or 23 (3) that person recklessly causes serious physical injury to a preborn 24 [AN UNBORN] child by repeated assaults, even if each assault individually does not 25 cause serious physical injury. 26 (b) Assault of a preborn [AN UNBORN] child in the second degree is a class 27 B felony. 28  * Sec. 17. AS 11.81.250(a) is amended to read: 29 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 30 title, except murder in the first and second degree, attempted murder in the first 31 degree, solicitation to commit murder in the first degree, conspiracy to commit murder 01 in the first degree, murder of a preborn [AN UNBORN] child, sexual assault in the 02 first degree, sexual abuse of a minor in the first degree, misconduct involving a 03 controlled substance in the first degree, sex trafficking in the first degree under 04 AS 11.66.110(a)(2), and kidnapping, are classified on the basis of their seriousness, 05 according to the type of injury characteristically caused or risked by commission of 06 the offense and the culpability of the offender. Except for murder in the first and 07 second degree, attempted murder in the first degree, solicitation to commit murder in 08 the first degree, conspiracy to commit murder in the first degree, murder of a preborn 09 [AN UNBORN] child, sexual assault in the first degree, sexual abuse of a minor in the 10 first degree, misconduct involving a controlled substance in the first degree, sex 11 trafficking in the first degree under AS 11.66.110(a)(2), and kidnapping, the offenses 12 in this title are classified into the following categories: 13 (1) class A felonies, which characteristically involve conduct resulting 14 in serious physical injury or a substantial risk of serious physical injury to a person; 15 (2) class B felonies, which characteristically involve conduct resulting 16 in less severe violence against a person than class A felonies, aggravated offenses 17 against property interests, or aggravated offenses against public administration or 18 order; 19 (3) class C felonies, which characteristically involve conduct serious 20 enough to deserve felony classification but not serious enough to be classified as A or 21 B felonies; 22 (4) class A misdemeanors, which characteristically involve less severe 23 violence against a person, less serious offenses against property interests, less serious 24 offenses against public administration or order, or less serious offenses against public 25 health and decency than felonies; 26 (5) class B misdemeanors, which characteristically involve a minor 27 risk of physical injury to a person, minor offenses against property interests, minor 28 offenses against public administration or order, or minor offenses against public health 29 and decency; 30 (6) violations, which characteristically involve conduct inappropriate 31 to an orderly society but that [WHICH] do not denote criminality in their commission. 01  * Sec. 18. AS 11.81.250(b) is amended to read: 02 (b) The classification of each felony defined in this title, except murder in the 03 first and second degree, attempted murder in the first degree, solicitation to commit 04 murder in the first degree, conspiracy to commit murder in the first degree, murder of 05 a preborn [AN UNBORN] child, sexual assault in the first degree, sexual abuse of a 06 minor in the first degree, misconduct involving a controlled substance in the first 07 degree, sex trafficking in the first degree under AS 11.66.110(a)(2), and kidnapping, is 08 designated in the section defining it. A felony under the law of this state defined 09 outside this title for which no penalty is specifically provided is a class C felony. 10  * Sec. 19. AS 12.55.035(b) is amended to read: 11 (b) Upon conviction of an offense, a defendant who is not an organization may 12 be sentenced to pay, unless otherwise specified in the provision of law defining the 13 offense, a fine of not more than 14 (1) $500,000 for murder in the first or second degree, attempted 15 murder in the first degree, murder of a preborn [AN UNBORN] child, sexual assault 16 in the first degree, sexual abuse of a minor in the first degree, kidnapping, sex 17 trafficking in the first degree under AS 11.66.110(a)(2), or misconduct involving a 18 controlled substance in the first degree; 19 (2) $250,000 for a class A felony; 20 (3) $100,000 for a class B felony; 21 (4) $50,000 for a class C felony; 22 (5) $25,000 for a class A misdemeanor; 23 (6) $2,000 for a class B misdemeanor; 24 (7) $500 for a violation. 25  * Sec. 20. AS 12.55.125(a) is amended to read: 26 (a) A defendant convicted of murder in the first degree or murder of a  27 preborn [AN UNBORN] child under AS 11.41.150(a)(1) shall be sentenced to a 28 definite term of imprisonment of at least 30 years but not more than 99 years. A 29 defendant convicted of murder in the first degree shall be sentenced to a mandatory 30 term of imprisonment of 99 years when 31 (1) the defendant is convicted of the murder of a uniformed or 01 otherwise clearly identified peace officer, firefighter, or correctional employee who 02 was engaged in the performance of official duties at the time of the murder; 03 (2) the defendant has been previously convicted of 04 (A) murder in the first degree under AS 11.41.100 or former 05 AS 11.15.010 or 11.15.020; 06 (B) murder in the second degree under AS 11.41.110 or former 07 AS 11.15.030; or 08 (C) homicide under the laws of another jurisdiction when the 09 offense of which the defendant was convicted contains elements similar to first 10 degree murder under AS 11.41.100 or second degree murder under 11 AS 11.41.110; 12 (3) the defendant subjected the murder victim to substantial physical 13 torture; 14 (4) the defendant is convicted of the murder of and personally caused 15 the death of a person, other than a participant, during a robbery; or 16 (5) the defendant is a peace officer who used the officer's authority as a 17 peace officer to facilitate the murder. 18  * Sec. 21. AS 12.55.125(b) is amended to read: 19 (b) A defendant convicted of attempted murder in the first degree, solicitation 20 to commit murder in the first degree, conspiracy to commit murder in the first degree, 21 kidnapping, or misconduct involving a controlled substance in the first degree shall be 22 sentenced to a definite term of imprisonment of at least five years but not more than 23 99 years. A defendant convicted of murder in the second degree or murder of a  24 preborn [AN UNBORN] child under AS 11.41.150(a)(2) - (5) [AS 11.41.150(a)(2) - 25 (4)] shall be sentenced to a definite term of imprisonment of at least 15 years but not 26 more than 99 years. A defendant convicted of murder in the second degree shall be 27 sentenced to a definite term of imprisonment of at least 20 years but not more than 99 28 years when the defendant is convicted of the murder of a child under 16 years of age 29 and the court finds by clear and convincing evidence that the defendant (1) was a 30 natural parent, a stepparent, an adoptive parent, a legal guardian, or a person 31 occupying a position of authority in relation to the child; or (2) caused the death of the 01 child by committing a crime against a person under AS 11.41.200 - 11.41.530. In this 02 subsection, "legal guardian" and "position of authority" have the meanings given in 03 AS 11.41.470. 04  * Sec. 22. AS 13.06.120(a) is amended to read: 05 (a) In any proceedings involving trusts, nonprobate assets, or estates of 06 decedents, minors, protected persons, or incapacitated persons brought under 07 AS 13.06 - AS 13.36 or AS 13.38, the following apply: 08 (1) interests to be affected shall be described in pleadings that give 09 reasonable information to owners by name or class, by reference to the instrument 10 creating the interests, or in other appropriate manner; 11 (2) persons are bound by orders binding others in the following cases: 12 (A) orders binding the sole holder or all co-holders of a power 13 of revocation or a general or nongeneral power of appointment, including one 14 in the form of a power of amendment, bind other persons to the extent their 15 interests, as objects, takers in default, or otherwise, are subject to the power; 16 (B) to the extent there is no conflict of interest between them or 17 among persons represented, orders binding a conservator bind the person 18 whose estate the conservator controls; orders binding a guardian bind the ward 19 if no conservator of the estate has been appointed; orders binding a trustee bind 20 beneficiaries of the trust in proceedings to probate a will establishing or adding 21 to a trust, to review the acts or accounts of a prior fiduciary, and in proceedings 22 involving creditors or other third parties; orders binding a personal 23 representative bind persons interested in the undistributed assets of a 24 decedent's estate in actions or proceedings by or against the estate; and orders 25 binding an agent having authority to act with respect to the particular questions 26 or dispute bind the principal; if there is no conflict of interest and no 27 conservator or guardian has been appointed, a parent may represent the minor 28 child; 29 (C) a preborn [AN UNBORN] person, a minor, an 30 incapacitated person, or a person whose identity or location is unknown or not 31 reasonably ascertainable who is not otherwise represented is bound by an order 01 to the extent the interest is adequately represented by another party having a 02 substantially identical interest in the proceeding; 03 (D) with regard to interests given upon the happening of a 04 certain event to persons who comprise a certain class, orders binding the living 05 persons who would constitute the class, if the event had happened immediately 06 before the commencement of the proceeding, bind all members of the class; 07 (E) with regard to an interest given to a living person when the 08 same interest or a share of the interest is to pass to the surviving spouse or to 09 persons who are or might be the distributees, devisees, heirs, or issue of the 10 living person upon the happening of a future event, orders binding the living 11 person bind the surviving spouse, distributees, devisees, heirs, or issue of the 12 living person; 13 (F) with regard to interests given to a person or a class of 14 persons, or to both, upon the happening of a future event, if the same interest 15 or a share of the interest is to pass to another person or class of persons, or to 16 both, upon the happening of an additional future event, orders binding the 17 living person or class of persons who would take the interest upon the 18 happening of the first event bind the persons and classes of persons who might 19 take on the happening of the additional future event; 20 (G) if a person is designated by a trust instrument to represent 21 and bind a born or preborn [UNBORN] beneficiary of the trust and receive a 22 notice, information, accounting, or report for the beneficiary, then the 23 beneficiary is bound by an order binding the designated person; in this 24 subparagraph, 25 (i) the settlor may make the designation in the trust 26 instrument, in a separate document, or by a trust protector authorized in 27 the trust instrument to make the designation; 28 (ii) except as otherwise provided in this subparagraph, a 29 person designated under (i) of this subparagraph may not represent and 30 bind a beneficiary while the designated person is serving as trustee; 31 (iii) except as otherwise provided in this subparagraph, 01 a person designated under (i) of this subparagraph may not represent 02 and bind another beneficiary if the designated person also is a 03 beneficiary, unless the designated person was named by the settlor, is 04 the beneficiary's spouse, or is a grandparent or descendant of a 05 grandparent of the beneficiary or the beneficiary's spouse; in this sub- 06 subparagraph, "spouse" means the individual to whom the beneficiary 07 is married and with whom the beneficiary is living, and a physical 08 separation primarily for education, business, health, and similar reasons 09 does not prevent the individual from being considered to be living with 10 the beneficiary; 11 (3) a person representing another person under (2)(A) - (F) of this 12 section and a person designated under (2)(G)(i) of this section are not liable to the 13 beneficiary whose interests are represented, or to a person claiming through that 14 beneficiary, for an action or omission to act made in good faith; 15 (4) notice is required as follows: 16 (A) notice as prescribed by AS 13.06.110 shall be given to 17 every interested person or to one person who can bind an interested person as 18 described in (2)(A), (B), or (D) - (G) of this section; notice may be given both 19 to a person and to another person who may bind the person; 20 (B) notice is given to preborn [UNBORN] persons, a minor, 21 an incapacitated person, or a person whose identity or location is unknown or 22 not reasonably ascertainable, and persons who are not represented under 23 (2)(A), (B), or (D) - (G) of this section, by giving notice to all known persons 24 whose interests in the proceedings are substantially identical to those of the 25 preborn [UNBORN] persons, the minor, the incapacitated person, or the 26 person whose identity or location is unknown or not reasonably ascertainable; 27 (5) at any point in a proceeding, a court may appoint a guardian ad 28 litem to represent the interest of a preborn [AN UNBORN] person, a minor, an 29 incapacitated person, or a person whose identity or address is unknown or not 30 reasonably ascertainable, if the court determines that representation of the interest 31 otherwise would be inadequate; if not precluded by conflict of interests, a guardian ad 01 litem may be appointed to represent several persons or interests; the court shall set out 02 its reasons for appointing a guardian ad litem as a part of the record of the proceeding. 03  * Sec. 23. AS 13.16.665 is amended to read: 04 Sec. 13.16.665. Effect of approval of agreements. A compromise of any 05 controversy as to admission to probate of any instrument offered for formal probate as 06 the will of a decedent, the construction, validity, or effect of any governing instrument, 07 the rights or interests in the estate of the decedent, of any successor, or the 08 administration of the estate, if approved in a formal proceeding in the court for that 09 purpose, is binding on all the parties to the compromise including those preborn 10 [UNBORN], unascertained or who could not be located. An approved compromise is 11 binding even though it may affect a trust or an inalienable interest. A compromise 12 does not impair the rights of creditors or of taxing authorities who are not parties to it. 13  * Sec. 24. AS 13.26.066(f) is amended to read: 14 (f) To designate an attorney-in-fact, a parent or guardian shall execute a power 15 of attorney that is in substantially the following form: 16 STATUTORY FORM FOR POWER OF ATTORNEY 17 TO DELEGATE THE POWERS OF A PARENT OR GUARDIAN 18 Section 1. I certify that I am the parent or guardian of 19 _________________________________________________________ 20 (Full name of minor child) (Date of birth) 21 ______________________________ ___________________________ 22 (Full name of minor child) (Date of birth) 23 ______________________________ ___________________________ 24 (Full name of minor child) (Date of birth) 25 who is/are minor children. 26 Section 2. I designate _________________________ (Full name of attorney- 27 in-fact), ________________________________________________________ 28 (Street address, city, state, and zip code of attorney-in-fact) 29 ______________________________ ___________________________ 30 (Home telephone of attorney-in-fact) (Work telephone of attorney-in- 31 fact) 01 as the attorney-in-fact of each minor child named above. 02 Section 3. I delegate to the attorney-in-fact all of my power and authority 03 regarding the care and custody of each minor child named above, including the 04 right to enroll the child in school, the right to inspect and obtain copies of 05 education records and other records concerning the child, the right to attend 06 school activities and other functions concerning the child, and the right to give 07 or withhold any consent or waiver with respect to school activities, medical 08 treatment, dental treatment, and other activity, function, or treatment that may 09 concern the minor child. This delegation does not include the power or 10 authority to consent to the marriage or adoption of the minor child [, THE 11 PERFORMANCE OR INDUCEMENT OF AN ABORTION ON OR FOR 12 THE MINOR CHILD,] or the termination of parental rights to the minor child. 13 OR 14 Section 4. I delegate to my attorney-in-fact the following specific powers and 15 responsibilities (write in): 16 _______________________________________________________________ 17 _______________________________________________________________ 18 Delegation under this section does not include the power or authority to 19 consent to the marriage or adoption of the minor child [, THE 20 PERFORMANCE OR INDUCEMENT OF AN ABORTION ON OR FOR 21 THE MINOR CHILD,] or the termination of parental rights to the minor child. 22 (If you complete Section 4, Section 3 does not apply). 23 Section 5. This power of attorney is effective for a period not to exceed one 24 year, beginning _____________, 20 _____, and ending _______, 20 _____. I 25 reserve the right to revoke this authority at any time. 26 OR 27 Section 6. I am a military parent or guardian under AS 13.26.023(d). My active 28 duty is scheduled to begin on _____________, 20 _____, and is estimated to 29 end on ____________, 20 _____. I acknowledge that this power of attorney 30 will not last more than one year, or the term of my active duty service plus 30 31 days, whichever period is longer. 01 By: ___________________________ 02 (Parent/guardian signature) 03 Section 7. I hereby accept my designation as attorney-in-fact for the minor 04 child/children identified in this power of attorney. 05 ________________________________ 06 (Attorney-in-fact signature) 07 State of _____________ 08 _______ Judicial District 09 ACKNOWLEDGMENT 10 Before me, the undersigned, a Notary Public, in and for the Judicial District 11 and State identified above, on this ____ day of _____________, 20 ____, 12 personally appeared _________________________ (name of parent/guardian) 13 and _________________________ (name of attorney-in-fact), to me known to 14 be the persons who executed this power of attorney, and each acknowledged to 15 me that each executed the same as the person's free and voluntary act and deed 16 for the uses and purposes set out in this power of attorney. 17 Witness my hand and official seal the day and year written above. 18 _________________________________ 19 (Signature of notary public) 20 (Seal, if any) 21 _________________________________ 22 (Title and rank) 23 My commission expires: _____________ 24  * Sec. 25. AS 13.26.316(e) is amended to read:  25 (e) A guardian may not 26 (1) place the ward in a facility or institution for the mentally ill other 27 than through a formal commitment proceeding under AS 47.30 in which the ward has 28 a separate guardian ad litem; 29 (2) consent on behalf of the ward to a [AN ABORTION,] sterilization, 30 psychosurgery, or removal of bodily organs except when necessary to preserve the life 31 or prevent serious impairment of the physical health of the ward; 01 (3) consent on behalf of the ward to the withholding of lifesaving 02 medical procedures; however, a guardian is not required to oppose the cessation or 03 withholding of lifesaving medical procedures when those procedures will serve only to 04 prolong the dying process and offer no reasonable expectation of effecting a 05 temporary or permanent cure of or relief from the illness or condition being treated 06 unless the ward has clearly stated that lifesaving medical procedures not be withheld; a 07 guardian is not civilly liable for acts or omissions under this paragraph unless the act 08 or omission constitutes gross negligence or reckless or intentional misconduct; 09 (4) consent on behalf of the ward to the performance of an 10 experimental medical procedure or to participation in a medical experiment not 11 intended to preserve the life or prevent serious impairment of the physical health of 12 the ward; 13 (5) consent on behalf of the ward to termination of the ward's parental 14 rights; 15 (6) prohibit the ward from registering to vote or from casting a ballot 16 at public election; 17 (7) prohibit the ward from applying for and obtaining a driver's 18 license; 19 (8) prohibit the marriage or divorce of the ward. 20  * Sec. 26. AS 13.52.050 is amended to read: 21 Sec. 13.52.050. Decisions for exceptional procedures. Unless there is a 22 durable power of attorney for health care or another writing clearly expressing an 23 individual's intent to the contrary, an agent or surrogate may not consent on behalf of a 24 patient to [AN ABORTION,] sterilization, psychosurgery, or removal of bodily organs 25 except when the [ABORTION,] sterilization, psychosurgery, or removal of bodily 26 organs is necessary to preserve the life of the patient or to prevent serious impairment 27 of the health of the patient.  28  * Sec. 27. AS 18.05.032(a) is amended to read: 29 (a) The department shall maintain on the Internet, in printable form, standard 30 information that 31 (1) contains geographically indexed material designed to inform a 01 person of public and private agencies, services, clinics, and facilities that are available 02 to assist a woman with the woman's reproductive choices; the department shall include 03 information about at least the following types of agencies, services, clinics, and 04 facilities: 05 (A) agencies, services, clinics, and facilities designed to assist a 06 woman through pregnancy, including adoption agencies, and counseling 07 services; 08 (B) agencies, services, clinics, and facilities that provide 09 [ABORTION OPTIONS AND COUNSELING AND] post-abortion 10 counseling and services; and 11 (C) agencies, services, clinics, and facilities designed to assist 12 with or provide contraceptive options and counseling for appropriate family 13 planning; 14 (2) includes a comprehensive regional directory of the agencies, 15 services, clinics, and facilities that request to be identified by the department under (1) 16 of this subsection, a description of the services they offer, and the manner in which the 17 agencies, services, clinics, and facilities may be contacted, including telephone 18 numbers; 19 (3) provides information concerning the eligibility for medical 20 assistance benefits for prenatal care, childbirth, neonatal care, [ABORTION 21 SERVICES,] women's health care, and contraception; 22 (4) [STATES THAT INFORMED AND VOLUNTARY CONSENT 23 IS REQUIRED UNDER AS 18.16.060 FOR AN ABORTION; 24 (5)] provides information concerning the process by which a mother of 25 a child may establish a child support order to assist in the support of a child; 26 (5) [(6)] describes the fetal development of a typical preborn 27 [UNBORN] child at two-week gestational increments from fertilization to full-term, 28 including links to photographs of a typical preborn [UNBORN] child at four-week 29 gestational increments, and relevant information about the possibility of a preborn 30 [AN UNBORN] child's survival at the various gestational ages; the information must 31 be objective, nonjudgmental information that is reviewed and approved for medical 01 accuracy by recognized obstetrical and gynecological specialists designated by the 02 State Medical Board and designed to convey only accurate scientific information 03 about preborn [UNBORN] children at various gestational ages; 04 (6) [(7)] contains objective, unbiased information that is reviewed and 05 approved for medical accuracy by recognized obstetrical and gynecological specialists 06 designated by the state medical board;  07 (7) [AND THAT DESCRIBES THE METHODS OF ABORTION 08 PROCEDURES AND TREATMENTS COMMONLY EMPLOYED AND THE 09 MEDICAL RISKS AND POSSIBLE COMPLICATIONS COMMONLY 10 ASSOCIATED WITH EACH PROCEDURE AND TREATMENT, AS WELL AS 11 THE POSSIBLE PHYSICAL AND PSYCHOLOGICAL EFFECTS THAT HAVE 12 BEEN ASSOCIATED WITH HAVING AN ABORTION; 13 (8)] contains objective, unbiased information that is reviewed and 14 approved for medical accuracy by recognized obstetrical and gynecological specialists 15 designated by the State Medical Board and that describes the possible medical risks 16 and complications commonly associated with pregnancy and childbirth, as well as the 17 possible physical and psychological effects that have been associated with carrying a 18 child to term; 19 (8) [(9)] contains objective, unbiased information that is reviewed and 20 approved for medical accuracy by recognized obstetrical and gynecological specialists 21 designated by the State Medical Board and that concerns the harmful effects on a  22 preborn [AN UNBORN] child when a woman consumes alcohol, tobacco, or illegal 23 drugs during pregnancy; 24 (9) [(10)] contains objective, unbiased, and comprehensive information 25 that is reviewed and approved for medical accuracy by recognized obstetrical and 26 gynecological specialists designated by the State Medical Board and that describes the 27 different types of available contraceptive choices, including abstinence and natural 28 family planning, that describes the methods of contraception that are intended to 29 prevent fertilization [AND THE METHODS THAT ARE INTENDED TO PREVENT 30 IMPLANTATION OF A FERTILIZED EGG], and that describes the reliability, 31 psychological effects, medical risks, and complications commonly associated with 01 each method; 02 (10) [(11)] contains a disclaimer on the website home page concerning 03 the graphic or sensitive nature of the information contained on the website; 04 (11) [(12)] contains a signature form by which a person may indicate 05 the person has reviewed the information. 06  * Sec. 28. AS 18.05.032(c)(3) is amended to read: 07 (3) "gestational age" means the age of the preborn [UNBORN] child 08 as calculated from the first day of the last menstrual period of a pregnant woman; 09  * Sec. 29. AS 21.07.250(3) is amended to read: 10 (3) "emergency medical condition" means a medical condition 11 manifesting itself by acute symptoms of sufficient severity, including severe pain, that 12 a prudent person who possesses an average knowledge of health and medicine could 13 reasonably expect that the absence of immediate medical attention would result in 14 serious impairment of bodily functions, serious dysfunction of a bodily organ or part, 15 or would place the person's health or, with respect to a pregnant woman, the health of 16 the woman or her preborn [UNBORN] child, in serious jeopardy. 17  * Sec. 30. AS 22.05.010 is amended by adding a new subsection to read: 18 (g) The supreme court is vested with exclusive original jurisdiction in any case 19 (1) involving whether the taking of the life of a preborn child is 20 protected under the Constitution of the State of Alaska; 21 (2) questioning the constitutionality of AS 01.10.060(a)(15), (16), and 22 (17), related to the meanings of conception, natural person, and preborn child, as used 23 in the Alaska Statutes; and 24 (3) involving the liability of the state or an officer or employee of the 25 state for taking an action to enforce a statute that penalizes the taking of the life of a 26 preborn child. 27  * Sec. 31. AS 22.10.020(a) is amended to read: 28 (a) Except as provided in AS 22.05.010(g), the [THE] superior court is the 29 trial court of general jurisdiction, with original jurisdiction in all civil and criminal 30 matters, including probate and guardianship of minors and incompetents. Except for a 31 petition for a protective order under AS 18.66.100 - 18.66.180, an action that falls 01 within the concurrent jurisdiction of the superior court and the district court may not 02 be filed in the superior court, except as provided by rules of the supreme court. 03  * Sec. 32. AS 25.20.025(a) is amended to read: 04 (a) A minor [EXCEPT AS PROHIBITED UNDER AS 18.16.010(a)(3),] 05 (1) [A MINOR] who is living apart from the minor's parents or legal 06 guardian and who is managing the minor's own financial affairs, regardless of the 07 source or extent of income, may give consent for medical and dental services for the 08 minor; 09 (2) [A MINOR] may give consent for medical and dental services if 10 the parent or legal guardian of the minor cannot be contacted or, if contacted, is 11 unwilling either to grant or withhold consent; however, where the parent or legal 12 guardian cannot be contacted or, if contacted, is unwilling either to grant or to 13 withhold consent, the provider of medical or dental services shall counsel the minor 14 keeping in mind not only the valid interests of the minor but also the valid interests of 15 the parent or guardian and the family unit as best the provider presumes them; 16 (3) [A MINOR] who is the parent of a child may give consent to 17 medical and dental services for the minor or the child; 18 (4) [A MINOR] may give consent for diagnosis, prevention or 19 treatment of pregnancy, and for diagnosis and treatment of venereal disease [; 20 (5) THE PARENT OR GUARDIAN OF THE MINOR IS RELIEVED 21 OF ALL FINANCIAL OBLIGATION TO THE PROVIDER OF THE SERVICE 22 UNDER THIS SECTION]. 23  * Sec. 33. AS 25.20.025 is amended by adding a new subsection to read: 24 (d) The parent or guardian of a minor is relieved of all financial obligation to a 25 provider of a service under this section. 26  * Sec. 34. AS 44.21.410(a) is amended to read: 27 (a) The office of public advocacy shall 28 (1) perform the duties of the public guardian under AS 13.26.700 - 29 13.26.750; 30 (2) provide visitors and experts in guardianship proceedings under 31 AS 13.26.291; 01 (3) provide guardian ad litem services to children in child protection 02 actions under AS 47.17.030(e) and to wards and respondents in guardianship 03 proceedings who will suffer financial hardship or become dependent on [UPON] a 04 government agency or a private person or agency if the services are not provided at 05 state expense under AS 13.26.041; 06 (4) provide legal representation [IN CASES INVOLVING JUDICIAL 07 BYPASS PROCEDURES FOR MINORS SEEKING ABORTIONS UNDER 08 AS 18.16.030,] in guardianship proceedings to respondents who are financially unable 09 to employ attorneys under AS 13.26.226(b), to indigent parties in cases involving 10 child custody in which the opposing party is represented by counsel provided by a 11 public agency, and to indigent parents or guardians of a minor respondent in a 12 commitment proceeding concerning the minor under AS 47.30.775; 13 (5) provide legal representation and guardian ad litem services under 14 AS 25.24.310; in cases arising under AS 47.15 (Interstate Compact for Juveniles); in 15 cases involving petitions to adopt a minor under AS 25.23.125(b) or petitions for the 16 termination of parental rights on grounds set out in AS 25.23.180(c)(3); in cases 17 involving petitions to remove the disabilities of a minor under AS 09.55.590; in 18 children's proceedings under AS 47.10.050(a) or under AS 47.12.090; in cases 19 involving appointments under AS 18.66.100(a) in petitions for protective orders on 20 behalf of a minor; and in cases involving indigent persons who are entitled to 21 representation under AS 18.85.100 and who cannot be represented by the public 22 defender agency because of a conflict of interests; 23 (6) develop and coordinate a program to recruit, select, train, assign, 24 and supervise volunteer guardians ad litem from local communities to aid in delivering 25 services in cases in which the office of public advocacy is appointed as guardian ad 26 litem; 27 (7) provide guardian ad litem services in proceedings under 28 AS 12.45.046 or AS 18.15.355 - 18.15.395; 29 (8) establish a fee schedule and collect fees for services provided by 30 the office, except as provided in AS 18.85.120 or when imposition or collection of a 31 fee is not in the public interest as defined under regulations adopted by the 01 commissioner of administration; 02 (9) provide visitors and guardians ad litem in proceedings under 03 AS 47.30.839; 04 (10) provide legal representation to an indigent parent of a child with a 05 disability; in this paragraph, "child with a disability" has the meaning given in 06 AS 14.30.350; 07 (11) investigate complaints and bring civil actions under 08 AS 44.21.415(a) involving fraud committed against residents of the state who are 60 09 years of age or older; in this paragraph, "fraud" has the meaning given in 10 AS 44.21.415. 11  * Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 DIRECT COURT RULE AMENDMENT. Rule 404(a), Alaska Rules of 14 Appellate Procedure, is amended to read: 15 (a) When Filed. 16 (1) An original application for relief may be filed with the appellate 17 court or a judge or justice thereof in any matter within its jurisdiction, whenever relief 18 is not available from any other court and cannot be obtained through the process of 19 appeal, petition for review, or petition for hearing. Except for an action described in  20 AS 22.05.010(g), grant [GRANT] of the application is not a matter of right but of 21 sound discretion sparingly exercised. 22 (2) An original application for relief, if seeking relief in connection 23 with an action or proceeding in a trial court, shall be directed to the appellate court 24 which would have jurisdiction over an appeal from the final judgment of the trial court 25 in that action or proceeding. 26 (3) An original application for relief, if not ancillary to an action or 27 proceeding in a trial court, may be directed to any appellate court having jurisdiction 28 under the applicable statutes. 29  * Sec. 36. AS 08.64.105, 08.64.326(a)(10), 08.64.364(d)(1); AS 09.55.585(d); 30 AS 11.41.180, 11.41.289; AS 11.81.900(b)(64); AS 13.26.066(a)(2); AS 18.05.032(c)(1), 31 18.05.032(c)(4), 18.05.035; AS 18.16.010, 18.16.020, 18.16.030, 18.16.040, 18.16.050, 01 18.16.060, 18.16.090; and AS 47.07.068 are repealed. 02  * Sec. 37. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 APPLICABILITY. (a) The repeals of AS 11.41.180 and 11.41.289 by sec. 36 of this 05 Act apply to offenses committed on or after the effective date of sec. 36 of this Act. 06 (b) AS 11.41.150(a), as amended by sec. 12 of this Act, applies to offenses committed 07 on or after the effective date of sec. 12 of this Act. 08  * Sec. 38. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 NONSEVERABILITY. Notwithstanding AS 01.10.030, the provisions of this Act are 11 not severable. 12  * Sec. 39. This Act takes effect immediately under AS 01.10.070(c).