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HB 250: "An Act interpreting the right to privacy under art. I, sec. 22, Constitution of the State of Alaska; relating to the description of a natural person; defining 'conception' and 'preborn child'; relating to civil actions and liability under the Act; repealing limitations on the applicability of laws criminalizing the murder or assault of an unborn child; repealing abortion procedures; relating to crimes involving multiple deaths; changing provisions of certain crimes involving murder, manslaughter, homicide, and assault to refer to preborn children and relating to the penalties and other provisions relating to those crimes; relating to the powers of guardians; relating to powers of attorney for health care decisions; relating to regulation of abortion; relating to medical treatment for minors; relating to the office of public advocacy; repealing medical assistance payment for abortions; relating to court jurisdiction; replacing the term 'unborn' with 'preborn' in certain instances; amending Rule 404(a), Alaska Rules of Appellate Procedure; and providing for an effective date."

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).