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HB 178: "An Act interpreting the right to privacy under art. I, sec. 22, Constitution of the State of Alaska; defining 'abortion,' 'birth,' 'child,' 'conception,' 'natural person,' and 'preborn child'; relating to civil actions and liability under the Act; relating to murder of a child; repealing abortion procedures; amending the definition of 'person' for crimes against a person; repealing murder of an unborn child and penalties and provisions related to that crime; 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 relocation of a child; relating to the office of public advocacy; repealing medical assistance payment for abortions; relating to duties of the attorney general; relating to the limitation on the use of assets; and providing for an effective date."

00                             HOUSE BILL NO. 178                                                                          
01 "An Act interpreting the right to privacy under art. I, sec. 22, Constitution of the State                              
02 of Alaska; defining 'abortion,' 'birth,' 'child,' 'conception,' 'natural person,' and                                   
03 'preborn child'; relating to civil actions and liability under the Act; relating to murder                              
04 of a child; repealing abortion procedures; amending the definition of 'person' for crimes                               
05 against a person; repealing murder of an unborn child and penalties and provisions                                      
06 related to that crime; relating to the powers of guardians; relating to powers of attorney                              
07 for health care decisions; relating to regulation of abortion; relating to medical                                      
08 treatment for minors; relating to relocation of a child; relating to the office of public                               
09 advocacy; repealing medical assistance payment for abortions; relating to duties of the                                 
10 attorney general; relating to the limitation on the use of assets; and providing for an                                 
11 effective date."                                                                                                        
12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
01    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
02 to read:                                                                                                                
03       SHORT TITLE. This Act may be known as the Life at Conception Act or the                                           
04 Abolition of Abortion Act of 2019.                                                                                      
05    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
06 read:                                                                                                                   
07       LEGISLATIVE FINDINGS. Notwithstanding any other provision of law, the                                             
08 legislature finds that                                                                                                  
09            (1)  the Constitution of the State of Alaska declares, in art. I, sec. 1, that "all                          
10 persons have a natural right to life," and the Constitution of the State of Alaska further                              
11 declares in art. I, sec. 7, "No person shall be deprived of life, liberty, or property, without due                     
12 process of law";                                                                                                        
13 (2)  the preamble to the Constitution of the State of Alaska declares, "We the                                          
14 people of Alaska, grateful to God and to those who founded our nation," the Declaration of                              
15 Independence declares, "We hold these truths to be self-evident, that all men are created                               
16 equal, that they are endowed by their Creator with certain unalienable Rights, that among                               
17 these are Life . . . . That to secure these rights, Governments are instituted among Men," and                          
18 government has a duty to protect and defend the right to life that has been granted to all                              
19 human beings;                                                                                                           
20 (3)  to secure the natural right to life of all persons, government must recognize                                      
21 the right to life of all persons, without discrimination because of age, race, religion, size, sex,                     
22 color, citizenship, ancestry, location, disability, deformity, stage of development, life                               
23 expectancy, 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)  the implementation of state law protecting the right to life of all persons is                                     
31 the constitutional responsibility of the legislative branch, not the judiciary;                                         
01            (7)  art. I, sec. 22, Constitution of the State of Alaska, after recognizing the                             
02 right of the people to privacy, expressly grants to the legislature the authority to "implement                         
03 this section," authority it does not grant to the courts;                                                               
04            (8)  it was never the intent of art. I, sec. 22, Constitution of the State of Alaska,                        
05 or any other section of the Constitution of the State of Alaska, to recognize a right of any                            
06 person to take the life of an innocent child;                                                                           
07            (9)  art. IV, sec. 1, Constitution of the State of Alaska, provides that "The                                
08 jurisdiction of the courts shall be prescribed by law," reserving to lawmakers a further check                          
09 on any court that should attempt to arrogate power to itself through judicial edict;                                    
10 (10)  to implement equal protection under the law for the right to life of every                                        
11 person, the right to life guaranteed to all persons by the Constitution of the State of Alaska is                       
12 vested in each human being;                                                                                             
13 (11)  a statute, regulation, rule, or order that has the purpose, intent, or effect of                                  
14 legalizing any abortion in the state infringes on a child's right to life in violation of the                           
15 Fourteenth Amendment to the Constitution of the United States and, therefore, is not made in                            
16 accordance with the Constitution of the United States, is not authorized by the Constitution of                         
17 the United States, is not the supreme law of the land, and, consequently, is invalid in this state                      
18 and shall be considered null and void and of no effect in this state; and                                               
19            (12)  further authority for this Act is the following:                                                       
20 (A)  the Tenth Amendment to the Constitution of the United States                                                       
21 guarantees to the states and their people all powers not granted to the federal                                         
22 government elsewhere in the constitution and reserves to the state and people of                                        
23 Alaska certain powers as they were intended at the time that Alaska was admitted to                                     
24 statehood in 1959; the guaranty of those powers is a matter of contract between the                                     
25 state and people of Alaska and the United States as of the time that the compact with                                   
26       the United States was agreed to and adopted by Alaska and the United States in 1959;                              
27 (B)  the Ninth Amendment to the Constitution of the United States                                                       
28 guarantees to the people rights not granted in the constitution and reserves to the                                     
29 people of Alaska certain rights as they were intended at the time that Alaska was                                       
30 admitted to statehood in 1959; the guaranty of those rights is a matter of contract                                     
31 between the state and people of Alaska and the United States as of the time that the                                    
01       compact with the United States was agreed upon and adopted by Alaska and the                                      
02       United States in 1959;                                                                                            
03                 (C)  art. I, sec. 7, Constitution of the State of Alaska, guarantees that no                            
04       person shall be deprived of life without due process of law.                                                      
05    * Sec. 3. AS 01.10.055 is amended by adding a new subsection to read:                                              
06            (d)  A preborn child is a resident of the state if the mother of the preborn child                           
07       is a resident of the state under this section.                                                                    
08    * Sec. 4. AS 01.10.060(a) is amended by adding new paragraphs to read:                                             
09                 (15)  "abortion" means the death of a child as the result of action taken                               
10       before or during the birth of the child with the intent to cause the death of the child;                          
11                 (16)  "birth" means the process by which a child leaves the womb;                                       
12 (17)  "child" means a natural person from the moment of conception                                                      
13       until 18 years of age;                                                                                            
14 (18)  "conception" means, notwithstanding any other provision of law,                                                   
15 the beginning of biological development of a human organism when the sperm and the                                      
16 egg fuse, or, in the case of asexual reproduction, the equivalent stage of development                                  
17       when a complete new human organism is present;                                                                    
18 (19)  "natural person" means a human being, regardless of age, race,                                                    
19 religion, size, sex, citizenship, ancestry, disability, deformity, location, stage of                                   
20 development, life expectancy, or condition of dependency from the moment of                                             
21       conception;                                                                                                       
22 (20)  "preborn child" means a natural person from the moment of                                                         
23       conception who has not yet left the womb.                                                                         
24    * Sec. 5. AS 01 is amended by adding a new chapter to read:                                                        
25                 Chapter 15. Interpretation of Right to Privacy.                                                       
26 Sec. 01.15.010. Acts not protected under right to privacy. Notwithstanding                                            
27 any other provision of law, the intentional taking of innocent human life before,                                       
28 during, or after birth is not protected by a right to privacy under art. I, sec. 22,                                    
29       Constitution of the State of Alaska.                                                                              
30    * Sec. 6. AS 08.64.364(c) is amended to read:                                                                      
31            (c)  Notwithstanding (a) and (b) of this section, a physician may not                                        
01                 (1)  prescribe, dispense, or administer an abortion-inducing drug                                       
02       [UNDER (a) OF THIS SECTION UNLESS THE PHYSICIAN COMPLIES WITH                                                     
03       AS 18.16.010]; or                                                                                                 
04                 (2)  prescribe, dispense, or administer a prescription drug in response to                              
05       an Internet questionnaire or electronic mail message to a person with whom the                                    
06       physician does not have a prior physician-patient relationship.                                                   
07    * Sec. 7. AS 09.55.585(a) is amended to read:                                                                      
08            (a)  A parent or legal guardian of a preborn [AN UNBORN] child may                                   
09       maintain an action as plaintiff for the death of a preborn [AN UNBORN] child that                             
10       was caused by the wrongful act or omission of another.                                                            
11    * Sec. 8. AS 09.55.585(c) is amended to read:                                                                      
12 (c)  This section does not limit any other cause of action that a parent or legal                                   
13       guardian may maintain for the death of a preborn [AN UNBORN] child.                                       
14    * Sec. 9. AS 09.65 is amended by adding a new section to read:                                                     
15 Sec. 09.65.252. Immunity for actions relating to children. A person,                                                  
16 including a state officer or employee, may not be held liable for a good faith action                                   
17       taken to implement the changes made by this Act.                                                                  
18    * Sec. 10. AS 11.41.140 is amended to read:                                                                        
19 Sec. 11.41.140. Definition. In AS 11.41.100 - 11.41.140 "person," [,] when                                        
20 referring to the victim of a crime, means a human being who [HAS BEEN BORN                                              
21 AND] was alive at the time of the criminal act. A person who is not a child is "alive"                              
22 if there is spontaneous respiratory or cardiac function, or, when respiratory and cardiac                           
23 functions are maintained by artificial means, there is spontaneous brain function. A                                
24       person who is a child is "alive" if                                                                           
25                 (1)  the child meets the criteria under this section to be alive; or                                
26 (2)  the child is in the process of developing the ability to meet the                                              
27       criteria under this section to be alive.                                                                      
28    * Sec. 11. AS 11.41.220(a) is amended to read:                                                                     
29            (a)  A person commits the crime of assault in the third degree if that person                                
30                 (1)  recklessly                                                                                         
31 (A)  places another person in fear of imminent serious physical                                                         
01            injury by means of a dangerous instrument;                                                                   
02                      (B)  causes physical injury to another person by means of a                                        
03            dangerous instrument; or                                                                                     
04                      (C)  while being 18 years of age or older,                                                         
05 (i)  causes physical injury to a child under 12 years of                                                                
06 age and the injury would cause a reasonable caregiver to seek medical                                                   
07 attention from a health care professional in the form of diagnosis or                                                   
08                 treatment;                                                                                              
09                           (ii)  causes physical injury to a child under 12 years of                                     
10                 age on more than one occasion;                                                                          
11 (2)  with intent to place another person in fear of death or serious                                                    
12 physical injury to the person or the person's family member, makes repeated threats to                                  
13       cause death or serious physical injury to another person;                                                         
14 (3)  while being 18 years of age or older, knowingly causes physical                                                    
15 injury to a child under 16 years of age but at least 12 years of age and the injury                                     
16       reasonably requires medical treatment;                                                                            
17 (4)  with criminal negligence, causes serious physical injury under                                                     
18       AS 11.81.900(b)(58)(B) to another person by means of a dangerous instrument; or                                   
19 (5)  commits a crime that is a violation of AS 11.41.230(a)(1) or (2)                                                   
20 and, within the preceding 10 years, the person was convicted on two or more separate                                    
21       occasions of crimes under                                                                                         
22                      (A)  AS 11.41.100 - 11.41.140 [AS 11.41.100 - 11.41.170];                                      
23 (B)  AS 11.41.200 - 11.41.220 or [,] 11.41.230(a)(1) or (2) [,                                                      
24            11.41.280, OR 11.41.282];                                                                                    
25                      (C)  AS 11.41.260 or 11.41.270;                                                                    
26                      (D)  AS 11.41.410, 11.41.420, or 11.41.425(a)(1); or                                               
27 (E)  a law or ordinance of this or another jurisdiction with                                                            
28 elements similar to those of an offense described in (A) - (D) of this paragraph.                                       
29    * Sec. 12. AS 11.81.250(a) is amended to read:                                                                     
30 (a)  For purposes of sentencing under AS 12.55, all offenses defined in this                                            
31 title, except murder in the first and second degree, attempted murder in the first                                      
01 degree, solicitation to commit murder in the first degree, conspiracy to commit murder                                  
02 in the first degree, [MURDER OF AN UNBORN CHILD,] sexual assault in the first                                           
03 degree, sexual abuse of a minor in the first degree, misconduct involving a controlled                                  
04 substance in the first degree, sex trafficking in the first degree under                                                
05 AS 11.66.110(a)(2), and kidnapping, are classified on the basis of their seriousness,                                   
06 according to the type of injury characteristically caused or risked by commission of                                    
07 the offense and the culpability of the offender. Except for murder in the first and                                     
08 second degree, attempted murder in the first degree, solicitation to commit murder in                                   
09 the first degree, conspiracy to commit murder in the first degree, [MURDER OF AN                                        
10 UNBORN CHILD,] sexual assault in the first degree, sexual abuse of a minor in the                                       
11 first degree, misconduct involving a controlled substance in the first degree, sex                                      
12 trafficking in the first degree under AS 11.66.110(a)(2), and kidnapping, the offenses                                  
13       in this title are classified into the following categories:                                                       
14 (1)  class A felonies, which characteristically involve conduct resulting                                               
15       in serious physical injury or a substantial risk of serious physical injury to a person;                          
16 (2)  class B felonies, which characteristically involve conduct resulting                                               
17 in less severe violence against a person than class A felonies, aggravated offenses                                     
18 against property interests, or aggravated offenses against public administration or                                     
19       order;                                                                                                            
20 (3)  class C felonies, which characteristically involve conduct serious                                                 
21 enough to deserve felony classification but not serious enough to be classified as A or                                 
22       B felonies;                                                                                                       
23 (4)  class A misdemeanors, which characteristically involve less severe                                                 
24 violence against a person, less serious offenses against property interests, less serious                               
25 offenses against public administration or order, or less serious offenses against public                                
26       health and decency than felonies;                                                                                 
27 (5)  class B misdemeanors, which characteristically involve a minor                                                     
28 risk of physical injury to a person, minor offenses against property interests, minor                                   
29 offenses against public administration or order, or minor offenses against public health                                
30       and decency;                                                                                                      
31 (6)  violations, which characteristically involve conduct inappropriate                                                 
01       to an orderly society but which do not denote criminality in their commission.                                    
02    * Sec. 13. AS 11.81.250(b) is amended to read:                                                                     
03 (b)  The classification of each felony defined in this title, except murder in the                                      
04 first and second degree, attempted murder in the first degree, solicitation to commit                                   
05 murder in the first degree, conspiracy to commit murder in the first degree,                                            
06 [MURDER OF AN UNBORN CHILD,] sexual assault in the first degree, sexual                                                 
07 abuse of a minor in the first degree, misconduct involving a controlled substance in the                                
08 first degree, sex trafficking in the first degree under AS 11.66.110(a)(2), and                                         
09 kidnapping, is designated in the section defining it. A felony under the law of this state                              
10 defined outside this title for which no penalty is specifically provided is a class C                                   
11       felony.                                                                                                           
12    * Sec. 14. AS 12.55.035(b) is amended to read:                                                                     
13 (b)  Upon conviction of an offense, a defendant who is not an organization may                                          
14 be sentenced to pay, unless otherwise specified in the provision of law defining the                                    
15       offense, a fine of not more than                                                                                  
16 (1)  $500,000 for murder in the first or second degree, attempted                                                       
17 murder in the first degree, [MURDER OF AN UNBORN CHILD,] sexual assault in                                              
18 the first degree, sexual abuse of a minor in the first degree, kidnapping, sex trafficking                              
19 in the first degree under AS 11.66.110(a)(2), or misconduct involving a controlled                                      
20       substance in the first degree;                                                                                    
21                 (2)  $250,000 for a class A felony;                                                                     
22                 (3)  $100,000 for a class B felony;                                                                     
23                 (4)  $50,000 for a class C felony;                                                                      
24                 (5)  $25,000 for a class A misdemeanor;                                                                 
25                 (6)  $2,000 for a class B misdemeanor;                                                                  
26                 (7)  $500 for a violation.                                                                              
27    * Sec. 15. AS 12.55.125(a) is amended to read:                                                                     
28 (a)  A defendant convicted of murder in the first degree [OR MURDER OF                                                  
29 AN UNBORN CHILD UNDER AS 11.41.150(a)(1)] shall be sentenced to a definite                                              
30 term of imprisonment of at least 30 years but not more than 99 years. A defendant                                       
31 convicted of murder in the first degree shall be sentenced to a mandatory term of                                       
01       imprisonment of 99 years when                                                                                     
02                 (1)  the defendant is convicted of the murder of a uniformed or                                         
03       otherwise clearly identified peace officer, firefighter, or correctional employee who                             
04       was engaged in the performance of official duties at the time of the murder;                                      
05                 (2)  the defendant has been previously convicted of                                                     
06                      (A)  murder in the first degree under AS 11.41.100 or former                                       
07            AS 11.15.010 or 11.15.020;                                                                                   
08                      (B)  murder in the second degree under AS 11.41.110 or former                                      
09            AS 11.15.030; or                                                                                             
10 (C)  homicide under the laws of another jurisdiction when the                                                           
11 offense of which the defendant was convicted contains elements similar to first                                         
12 degree murder under AS 11.41.100 or second degree murder under                                                          
13            AS 11.41.110;                                                                                                
14 (3)  the defendant subjected the murder victim to substantial physical                                                  
15       torture;                                                                                                          
16 (4)  the defendant is convicted of the murder of and personally caused                                                  
17       the death of a person, other than a participant, during a robbery; or                                             
18 (5)  the defendant is a peace officer who used the officer's authority as a                                             
19       peace officer to facilitate the murder.                                                                           
20    * Sec. 16. AS 12.55.125(b) is amended to read:                                                                     
21 (b)  A defendant convicted of attempted murder in the first degree, solicitation                                        
22 to commit murder in the first degree, conspiracy to commit murder in the first degree,                                  
23 kidnapping, or misconduct involving a controlled substance in the first degree shall be                                 
24 sentenced to a definite term of imprisonment of at least five years but not more than                                   
25 99 years. A defendant convicted of murder in the second degree [OR MURDER OF                                            
26 AN UNBORN CHILD UNDER AS 11.41.150(a)(2) - (4)] shall be sentenced to a                                                 
27 definite term of imprisonment of at least 15 years but not more than 99 years. A                                        
28 defendant convicted of murder in the second degree shall be sentenced to a definite                                     
29 term of imprisonment of at least 20 years but not more than 99 years when the                                           
30 defendant is convicted of the murder of a child under 16 years of age and the court                                     
31 finds by clear and convincing evidence that the defendant (1) was a natural parent, a                                   
01 stepparent, an adoptive parent, a legal guardian, or a person occupying a position of                                   
02 authority in relation to the child; or (2) caused the death of the child by committing a                                
03 crime against a person under AS 11.41.200 - 11.41.530. In this subsection, "legal                                       
04       guardian" and "position of authority" have the meanings given in AS 11.41.470.                                    
05    * Sec. 17. AS 13.06.120(a) is amended to read:                                                                     
06            (a)  In any proceedings involving trusts, nonprobate assets, or estates of                                   
07       decedents, minors, protected persons, or incapacitated persons brought under                                      
08       AS 13.06 - AS 13.36 or AS 13.38, the following apply:                                                             
09                 (1)  interests to be affected shall be described in pleadings that give                                 
10 reasonable information to owners by name or class, by reference to the instrument                                       
11       creating the interests, or in other appropriate manner;                                                           
12                 (2)  persons are bound by orders binding others in the following cases:                                 
13 (A)  orders binding the sole holder or all co-holders of a power                                                        
14 of revocation or a general or nongeneral power of appointment, including one                                            
15 in the form of a power of amendment, bind other persons to the extent their                                             
16            interests, as objects, takers in default, or otherwise, are subject to the power;                            
17 (B)  to the extent there is no conflict of interest between them or                                                     
18 among persons represented, orders binding a conservator bind the person                                                 
19 whose estate the conservator controls; orders binding a guardian bind the ward                                          
20 if no conservator of the estate has been appointed; orders binding a trustee bind                                       
21 beneficiaries of the trust in proceedings to probate a will establishing or adding                                      
22 to a trust, to review the acts or accounts of a prior fiduciary, and in proceedings                                     
23 involving creditors or other third parties; orders binding a personal                                                   
24 representative bind persons interested in the undistributed assets of a                                                 
25 decedent's estate in actions or proceedings by or against the estate; and orders                                        
26 binding an agent having authority to act with respect to the particular questions                                       
27 or dispute bind the principal; if there is no conflict of interest and no                                               
28 conservator or guardian has been appointed, a parent may represent the minor                                            
29            child;                                                                                                       
30 (C)  a natural [AN UNBORN] person, a minor, an                                                                      
31 incapacitated person, or a person whose identity or location is unknown or not                                          
01 reasonably ascertainable who is not otherwise represented is bound by an order                                          
02 to the extent the interest is adequately represented by another party having a                                          
03            substantially identical interest in the proceeding;                                                          
04 (D)  with regard to interests given upon the happening of a                                                             
05 certain event to persons who comprise a certain class, orders binding the living                                        
06 persons who would constitute the class, if the event had happened immediately                                           
07            before the commencement of the proceeding, bind all members of the class;                                    
08 (E)  with regard to an interest given to a living person when the                                                       
09 same interest or a share of the interest is to pass to the surviving spouse or to                                       
10 persons who are or might be the distributees, devisees, heirs, or issue of the                                          
11 living person upon the happening of a future event, orders binding the living                                           
12 person bind the surviving spouse, distributees, devisees, heirs, or issue of the                                        
13            living person;                                                                                               
14 (F)  with regard to interests given to a person or a class of                                                           
15 persons, or to both, upon the happening of a future event, if the same interest                                         
16 or a share of the interest is to pass to another person or class of persons, or to                                      
17 both, upon the happening of an additional future event, orders binding the                                              
18 living person or class of persons who would take the interest upon the                                                  
19 happening of the first event bind the persons and classes of persons who might                                          
20            take on the happening of the additional future event;                                                        
21 (G)  if a person is designated by a trust instrument to represent                                                       
22 and bind a [BORN OR UNBORN] beneficiary of the trust and receive a notice,                                              
23 information, accounting, or report for the beneficiary, then the beneficiary is                                         
24            bound by an order binding the designated person; in this 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 a natural person [UNBORN                                                                    
21 PERSONS], a minor, an incapacitated person, or a person whose identity or                                               
22 location is unknown or not reasonably ascertainable, and persons who are not                                            
23 represented under (2)(A), (B), or (D) - (G) of this section, by giving notice to                                        
24 all known persons whose interests in the proceedings are substantially identical                                        
25 to those of the natural person [UNBORN PERSONS], the minor, the                                                     
26 incapacitated person, or the person whose identity or location is unknown or                                            
27            not reasonably ascertainable;                                                                                
28 (5)  at any point in a proceeding, a court may appoint a guardian ad                                                    
29 litem to represent the interest of a natural [AN UNBORN] person, a minor, an                                        
30 incapacitated person, or a person whose identity or address is unknown or not                                           
31 reasonably ascertainable, if the court determines that representation of the interest                                   
01 otherwise would be inadequate; if not precluded by conflict of interests, a guardian ad                                 
02 litem may be appointed to represent several persons or interests; the court shall set out                               
03       its reasons for appointing a guardian ad litem as a part of the record of the proceeding.                         
04    * Sec. 18. AS 13.16.665 is amended to read:                                                                        
05 Sec. 13.16.665. Effect of approval of agreements. A compromise of any                                                 
06 controversy as to admission to probate of any instrument offered for formal probate as                                  
07 the will of a decedent, the construction, validity, or effect of any governing instrument,                              
08 the rights or interests in the estate of the decedent, of any successor, or the                                         
09 administration of the estate, if approved in a formal proceeding in the court for that                                  
10 purpose, is binding on all the parties to the compromise including those [UNBORN,]                                      
11 unascertained or who could not be located. An approved compromise is binding even                                       
12 though it may affect a trust or an inalienable interest. A compromise does not impair                                   
13       the rights of creditors or of taxing authorities who are not parties to it.                                       
14    * Sec. 19. AS 13.26.066(f) is amended to read:                                                                     
15            (f)  To designate an attorney-in-fact, a parent or guardian shall execute a power                            
16       of attorney that is in substantially the following form:                                                          
17               STATUTORY FORM FOR POWER OF ATTORNEY                                                                      
18           TO DELEGATE THE POWERS OF A PARENT OR GUARDIAN                                                                
19       Section 1. I certify that I am the parent or guardian of                                                          
20       _________________________________________________________                                                         
21       (Full name of minor child)    (Date of birth)                                                                     
22       ______________________________ ___________________________                                                        
23       (Full name of minor child)    (Date of birth)                                                                     
24       ______________________________ ___________________________                                                        
25       (Full name of minor child)    (Date of birth)                                                                     
26       who is/are minor children.                                                                                        
27       Section 2. I designate _________________________ (Full name of attorney-                                          
28       in-fact), ________________________________________________________                                                
29       (Street address, city, state, and zip code of attorney-in-fact)                                                   
30       ______________________________ ___________________________                                                        
31       (Home telephone of attorney-in-fact) (Work telephone of attorney-in-                                              
01                                          fact)                                                                          
02       as the attorney-in-fact of each minor child named above.                                                          
03 Section 3. I delegate to the attorney-in-fact all of my power and authority                                             
04 regarding the care and custody of each minor child named above, including the                                           
05 right to enroll the child in school, the right to inspect and obtain copies of                                          
06 education records and other records concerning the child, the right to attend                                           
07 school activities and other functions concerning the child, and the right to give                                       
08 or withhold any consent or waiver with respect to school activities, medical                                            
09 treatment, dental treatment, and other activity, function, or treatment that may                                        
10 concern the minor child. This delegation does not include the power or                                                  
11 authority to consent to the marriage or adoption of the minor child [, THE                                              
12 PERFORMANCE OR INDUCEMENT OF AN ABORTION ON OR FOR                                                                      
13       THE MINOR CHILD,] or the termination of parental rights to the minor child.                                       
14                                 OR                                                                                      
15 Section 4. I delegate to my attorney-in-fact the following specific powers and                                          
16       responsibilities (write in):                                                                                      
17       _______________________________________________________________                                                   
18       _______________________________________________________________                                                   
19 Delegation under this section does not include the power or authority to                                                
20 consent to the marriage or adoption of the minor child [, THE                                                           
21 PERFORMANCE OR INDUCEMENT OF AN ABORTION ON OR FOR                                                                      
22       THE MINOR CHILD,] or the termination of parental rights to the minor child.                                       
23                (If you complete Section 4, Section 3 does not apply).                                                   
24 Section 5. This power of attorney is effective for a period not to exceed one                                           
25 year, beginning _____________, 20 _____, and ending _______, 20 _____. I                                                
26       reserve the right to revoke this authority at any time.                                                           
27                                 OR                                                                                      
28 Section 6. I am a military parent or guardian under AS 13.26.023(d). My active                                          
29 duty is scheduled to begin on _____________, 20 _____, and is estimated to                                              
30 end on ____________, 20 _____. I acknowledge that this power of attorney                                                
31 will not last more than one year, or the term of my active duty service plus 30                                         
01       days, whichever period is longer.                                                                                 
02                                By:  ___________________________                                                         
03                                     (Parent/guardian signature)                                                         
04       Section 7. I hereby accept my designation as attorney-in-fact for the minor                                       
05       child/children identified in this power of attorney.                                                              
06                                ________________________________                                                         
07                                (Attorney-in-fact signature)                                                             
08       State of _____________                                                                                            
09       _______ Judicial District                                                                                         
10                         ACKNOWLEDGMENT                                                                                  
11 Before me, the undersigned, a Notary Public, in and for the Judicial District                                           
12 and State identified above, on this ____ day of _____________, 20 ____,                                                 
13 personally appeared _________________________ (name of parent/guardian)                                                 
14 and _________________________ (name of attorney-in-fact), to me known to                                                
15 be the persons who executed this power of attorney, and each acknowledged to                                            
16 me that each executed the same as the person's free and voluntary act and deed                                          
17       for the uses and purposes set out in this power of attorney.                                                      
18       Witness my hand and official seal the day and year written above.                                                 
19                                _________________________________                                                        
20                                (Signature of notary public)                                                             
21                                (Seal, if any)                                                                           
22                                _________________________________                                                        
23                                (Title and rank)                                                                         
24                                My commission expires: _____________                                                     
25    * Sec. 20. AS 13.26.316(e) is amended to read:                                                                   
26            (e)  A guardian may not                                                                                      
27                 (1)  place the ward in a facility or institution for the mentally ill other                             
28       than through a formal commitment proceeding under AS 47.30 in which the ward has                                  
29       a separate guardian ad litem;                                                                                     
30                 (2)  consent on behalf of the ward to [AN ABORTION,] sterilization,                                     
31       psychosurgery, or removal of bodily organs except when necessary to preserve the life                             
01       or prevent serious impairment of the physical health of the ward;                                                 
02 (3)  consent on behalf of the ward to the withholding of lifesaving                                                     
03 medical procedures; however, a guardian is not required to oppose the cessation or                                      
04 withholding of lifesaving medical procedures when those procedures will serve only to                                   
05 prolong the dying process and offer no reasonable expectation of effecting a                                            
06 temporary or permanent cure of or relief from the illness or condition being treated                                    
07 unless the ward has clearly stated that lifesaving medical procedures not be withheld; a                                
08 guardian is not civilly liable for acts or omissions under this paragraph unless the act                                
09       or omission constitutes gross negligence or reckless or intentional misconduct;                                   
10 (4)  consent on behalf of the ward to the performance of an                                                             
11 experimental medical procedure or to participation in a medical experiment not                                          
12 intended to preserve the life or prevent serious impairment of the physical health of                                   
13       the ward;                                                                                                         
14 (5)  consent on behalf of the ward to termination of the ward's parental                                                
15       rights;                                                                                                           
16 (6)  prohibit the ward from registering to vote or from casting a ballot                                                
17       at public election;                                                                                               
18 (7)  prohibit the ward from applying for and obtaining a driver's                                                       
19       license;                                                                                                          
20                 (8)  prohibit the marriage or divorce of the ward.                                                      
21    * Sec. 21. AS 13.52.050 is amended to read:                                                                        
22 Sec. 13.52.050. Decisions for exceptional procedures. Unless there is a                                               
23 durable power of attorney for health care or another writing clearly expressing an                                      
24 individual's intent to the contrary, an agent or surrogate may not consent on behalf of a                               
25 patient to [AN ABORTION,] sterilization, psychosurgery, or removal of bodily organs                                     
26 except when the [ABORTION,] sterilization, psychosurgery, or removal of bodily                                          
27 organs is necessary to preserve the life of the patient or to prevent serious impairment                                
28       of the health of the patient.                                                                                   
29    * Sec. 22. AS 18.05.032(a) is amended to read:                                                                     
30 (a)  The department shall maintain on the Internet, in printable form, standard                                         
31       information that                                                                                                  
01 (1)  contains geographically indexed material designed to inform a                                                      
02 person of public and private agencies, services, clinics, and facilities that are available                             
03 to assist a woman with the woman's reproductive choices; the department shall include                                   
04 information about at least the following types of agencies, services, clinics, and                                      
05       facilities:                                                                                                       
06 (A)  agencies, services, clinics, and facilities designed to assist a                                                   
07 woman through pregnancy, including adoption agencies, and counseling                                                    
08            services;                                                                                                    
09 (B)  agencies, services, clinics, and facilities that provide                                                           
10 [ABORTION OPTIONS AND COUNSELING AND] post-abortion                                                                     
11            counseling and services; and                                                                                 
12 (C)  agencies, services, clinics, and facilities designed to assist                                                     
13 with or provide contraceptive options and counseling for appropriate family                                             
14            planning;                                                                                                    
15 (2)  includes a comprehensive regional directory of the agencies,                                                       
16 services, clinics, and facilities that request to be identified by the department under (1)                             
17 of this subsection, a description of the services they offer, and the manner in which the                               
18 agencies, services, clinics, and facilities may be contacted, including telephone                                       
19       numbers;                                                                                                          
20 (3)  provides information concerning the eligibility for medical                                                        
21 assistance benefits for prenatal care, childbirth, neonatal care, [ABORTION                                             
22       SERVICES,] women's health care, and contraception;                                                                
23 (4)  [STATES THAT INFORMED AND VOLUNTARY CONSENT                                                                        
24       IS REQUIRED UNDER AS 18.16.060 FOR AN ABORTION;                                                                   
25 (5)]  provides information concerning the process by which a mother of                                                  
26       a child may establish a child support order to assist in the support of a child;                                  
27 (5) [(6)]  describes the fetal development of a typical [UNBORN] child                                              
28 at two-week gestational increments from fertilization to full-term, including links to                                  
29 photographs of a typical [UNBORN] child at four-week gestational increments, and                                        
30 relevant information about the possibility of a [AN UNBORN] child's survival at the                                 
31 various gestational ages; the information must be objective, nonjudgmental                                              
01 information that is reviewed and approved for medical accuracy by recognized                                            
02 obstetrical and gynecological specialists designated by the State Medical Board and                                     
03 designed to convey only accurate scientific information about [UNBORN] children at                                      
04       various gestational ages;                                                                                         
05 (6) [(7)]  contains objective, unbiased information that is reviewed and                                            
06 approved for medical accuracy by recognized obstetrical and gynecological specialists                                   
07       designated by the state medical board;                                                                        
08 (7)  [AND THAT DESCRIBES THE METHODS OF ABORTION                                                                    
09 PROCEDURES AND TREATMENTS COMMONLY EMPLOYED AND THE                                                                     
10 MEDICAL RISKS AND POSSIBLE COMPLICATIONS COMMONLY                                                                       
11 ASSOCIATED WITH EACH PROCEDURE AND TREATMENT, AS WELL AS                                                                
12 THE POSSIBLE PHYSICAL AND PSYCHOLOGICAL EFFECTS THAT HAVE                                                               
13       BEEN ASSOCIATED WITH HAVING AN ABORTION;                                                                          
14 (8)]  contains objective, unbiased information that is reviewed and                                                     
15 approved for medical accuracy by recognized obstetrical and gynecological specialists                                   
16 designated by the State Medical Board and that describes the possible medical risks                                     
17 and complications commonly associated with pregnancy and childbirth, as well as the                                     
18 possible physical and psychological effects that have been associated with carrying a                                   
19       child to term;                                                                                                    
20 (8) [(9)]  contains objective, unbiased information that is reviewed and                                            
21 approved for medical accuracy by recognized obstetrical and gynecological specialists                                   
22 designated by the State Medical Board and that concerns the harmful effects on a [AN                                
23 UNBORN] child when a woman consumes alcohol, tobacco, or illegal drugs during                                           
24       pregnancy;                                                                                                        
25 (9) [(10)]  contains objective, unbiased, and comprehensive information                                             
26 that is reviewed and approved for medical accuracy by recognized obstetrical and                                        
27 gynecological specialists designated by the State Medical Board and that describes the                                  
28 different types of available contraceptive choices, including abstinence and natural                                    
29 family planning, that describes the methods of contraception that are intended to                                       
30 prevent fertilization [AND THE METHODS THAT ARE INTENDED TO PREVENT                                                     
31 IMPLANTATION OF A FERTILIZED EGG], and that describes the reliability,                                                  
01       psychological effects, medical risks, and complications commonly associated with                                  
02       each method;                                                                                                      
03                 (10) [(11)]  contains a disclaimer on the website home page concerning                              
04       the graphic or sensitive nature of the information contained on the website;                                      
05                 (11) [(12)]  contains a signature form by which a person may indicate                               
06       the person has reviewed the information.                                                                          
07    * Sec. 23. AS 18.05.032(c)(3) is amended to read:                                                                  
08                 (3)  "gestational age" means the age of the [UNBORN] child as                                           
09       calculated from the first day of the last menstrual period of a pregnant woman;                                   
10    * Sec. 24. AS 21.07.250(3) is amended to read:                                                                     
11 (3)  "emergency medical condition" means a medical condition                                                            
12 manifesting itself by acute symptoms of sufficient severity, including severe pain, that                                
13 a prudent person who possesses an average knowledge of health and medicine could                                        
14 reasonably expect that the absence of immediate medical attention would result in                                       
15 serious impairment of bodily functions, serious dysfunction of a bodily organ or part,                                  
16 or would place the person's health or, with respect to a pregnant woman, the health of                                  
17       the woman or her [UNBORN] child, in serious jeopardy.                                                             
18    * Sec. 25. AS 25.20.025(a) is amended to read:                                                                     
19            (a)  A minor [EXCEPT AS PROHIBITED UNDER AS 18.16.010(a)(3),]                                            
20 (1)  [A MINOR] who is living apart from the minor's parents or legal                                                    
21 guardian and who is managing the minor's own financial affairs, regardless of the                                       
22 source or extent of income, may give consent for medical and dental services for the                                    
23       minor;                                                                                                            
24 (2)  [A MINOR] may give consent for medical and dental services if                                                      
25 the parent or legal guardian of the minor cannot be contacted or, if contacted, is                                      
26 unwilling either to grant or withhold consent; however, where the parent or legal                                       
27 guardian cannot be contacted or, if contacted, is unwilling either to grant or to                                       
28 withhold consent, the provider of medical or dental services shall counsel the minor                                    
29 keeping in mind not only the valid interests of the minor but also the valid interests of                               
30       the parent or guardian and the family unit as best the provider presumes them;                                    
31 (3)  [A MINOR] who is the parent of a child may give consent to                                                         
01       medical and dental services for the minor or the child;                                                           
02                 (4)  [A MINOR] may give consent for diagnosis, prevention or                                            
03       treatment of pregnancy, and for diagnosis and treatment of venereal disease [;                                    
04                 (5)  THE PARENT OR GUARDIAN OF THE MINOR IS RELIEVED                                                    
05       OF ALL FINANCIAL OBLIGATION TO THE PROVIDER OF THE SERVICE                                                        
06       UNDER THIS SECTION].                                                                                              
07    * Sec. 26. AS 25.20.025 is amended by adding a new subsection to read:                                             
08            (d)  The parent or guardian of a minor is relieved of all financial obligation to a                          
09       provider of a service under this section.                                                                         
10    * Sec. 27. AS 25.23.240(3) is amended to read:                                                                     
11 (3)  "child" includes a biological or adopted child [MEANS A SON                                                    
12       OR DAUGHTER, WHETHER BY BIRTH OR BY ADOPTION];                                                                    
13    * Sec. 28. AS 44.21.410(a) is amended to read:                                                                     
14            (a)  The office of public advocacy shall                                                                     
15 (1)  perform the duties of the public guardian under AS 13.26.700 -                                                     
16       13.26.750;                                                                                                        
17 (2)  provide visitors and experts in guardianship proceedings under                                                     
18       AS 13.26.291;                                                                                                     
19 (3)  provide guardian ad litem services to children in child protection                                                 
20 actions under AS 47.17.030(e) and to wards and respondents in guardianship                                              
21 proceedings who will suffer financial hardship or become dependent on [UPON] a                                      
22 government agency or a private person or agency if the services are not provided at                                     
23       state expense under AS 13.26.041;                                                                                 
24 (4)  provide legal representation [IN CASES INVOLVING JUDICIAL                                                          
25 BYPASS PROCEDURES FOR MINORS SEEKING ABORTIONS UNDER                                                                    
26 AS 18.16.030,] in guardianship proceedings to respondents who are financially unable                                    
27 to employ attorneys under AS 13.26.226(b), to indigent parties in cases involving                                       
28 child custody in which the opposing party is represented by counsel provided by a                                       
29 public agency, and to indigent parents or guardians of a minor respondent in a                                          
30       commitment proceeding concerning the minor under AS 47.30.775;                                                    
31 (5)  provide legal representation and guardian ad litem services under                                                  
01 AS 25.24.310; in cases arising under AS 47.15 (Interstate Compact for Juveniles); in                                    
02 cases involving petitions to adopt a minor under AS 25.23.125(b) or petitions for the                                   
03 termination of parental rights under AS 25.23.180(c)(2); in cases involving petitions to                                
04 remove the disabilities of a minor under AS 09.55.590; in children's proceedings under                                  
05 AS 47.10.050(a) or under AS 47.12.090; in cases involving appointments under                                            
06 AS 18.66.100(a) in petitions for protective orders on behalf of a minor; and in cases                                   
07 involving indigent persons who are entitled to representation under AS 18.85.100 and                                    
08 who cannot be represented by the public defender agency because of a conflict of                                        
09       interests;                                                                                                        
10 (6)  develop and coordinate a program to recruit, select, train, assign,                                                
11 and supervise volunteer guardians ad litem from local communities to aid in delivering                                  
12 services in cases in which the office of public advocacy is appointed as guardian ad                                    
13       litem;                                                                                                            
14 (7)  provide guardian ad litem services in proceedings under                                                            
15       AS 12.45.046 or AS 18.15.355 - 18.15.395;                                                                         
16 (8)  establish a fee schedule and collect fees for services provided by                                                 
17 the office, except as provided in AS 18.85.120 or when imposition or collection of a                                    
18 fee is not in the public interest as defined under regulations adopted by the                                           
19       commissioner of administration;                                                                                   
20 (9)  provide visitors and guardians ad litem in proceedings under                                                       
21       AS 47.30.839;                                                                                                     
22 (10)  provide legal representation to an indigent parent of a child with a                                              
23 disability; in this paragraph, "child with a disability" has the meaning given in                                       
24       AS 14.30.350;                                                                                                     
25 (11)  investigate complaints and bring civil actions under                                                              
26 AS 44.21.415(a) involving fraud committed against residents of the state who are 60                                     
27 years of age or older; in this paragraph, "fraud" has the meaning given in                                              
28       AS 44.21.415.                                                                                                     
29    * Sec. 29. AS 44.23.020 is amended by adding new subsections to read:                                              
30 (k) The attorney general may defend a citizen of the state who is prosecuted by                                         
31 the federal government for violation of federal law requiring the procurement or                                        
01       facilitation of abortion in the state.                                                                            
02            (l) The attorney general shall file legal action necessary to prevent the                                    
03       implementation of a federal statute, regulation, rule, or order that violates the rights of                       
04       a resident of the state.                                                                                          
05            (m)  The attorney general may not enter an appearance in a federal civil action                              
06       related to the Life at Conception Act or the Abolition of Abortion Act of 2019.                                 
07    * Sec. 30. AS 44.23 is amended by adding a new section to read:                                                  
08            Sec. 44.23.075. State policy concerning facilitation of abortion. A federal                                
09       statute, regulation, rule, or order adopted, enacted, or otherwise effective on or after                          
10 the effective date of this Act is unenforceable in the state by an official, agent, or                                  
11 employee of the state, a municipality, or the federal government if the federal statute,                                
12 regulation, rule, or order violates the Fifth or Fourteenth Amendments to the                                           
13 Constitution of the United States or art. I, sec. 1 or art. I, sec. 7, Constitution of the                              
14       State of Alaska, by                                                                                               
15 (1)  requiring that assistance be given to facilitate an abortion in the                                                
16       state; or                                                                                                         
17 (2)  requiring that assistance be given to facilitate the removal of a child                                            
18       from the state for the purpose of killing the child.                                                              
19    * Sec. 31. AS 44.99.040(a) is amended to read:                                                                     
20 (a)  A state or municipal agency may not use or authorize the use of an asset to                                        
21       implement or aid in the implementation of a requirement of                                                        
22 (1)  an order of the President of the United States, a federal regulation,                                              
23       or a law enacted by the United States Congress that is applied to                                                 
24 (A)  infringe on a person's right, under the Second Amendment                                                           
25            to the Constitution of the United States, to keep and bear arms;                                             
26 (B)  deny a person a right to due process, or a protection of due                                                       
27 process, that would otherwise be available to the person under the Constitution                                         
28            of the State of Alaska or the Constitution of the United States;                                             
29 (C)  infringe on a person's right to life under the Fifth and                                                       
30            Fourteenth Amendments to the Constitution of the United States [; OR]                                    
31                 (2) [REPEALED].                                                                                         
01    * Sec. 32. AS 08.64.105, 08.64.326(a)(10), 08.64.364(c)(1); AS 09.55.585(b)(1),                                    
02 09.55.585(b)(3), 09.55.585(d); AS 11.41.150, 11.41.160, 11.41.170, 11.41.180, 11.41.280,                                
03 11.41.282, 11.41.289; AS 11.81.900(b)(65); AS 13.26.066(a)(2); AS 18.05.032(c)(1),                                      
04 18.05.032(c)(4), 18.05.035; AS 18.16.010, 18.16.020, 18.16.030, 18.16.040, 18.16.050,                                   
05 18.16.060, 18.16.090; and AS 47.07.068 are repealed.                                                                    
06    * Sec. 33. The uncodified law of the State of Alaska is amended by adding a new section to                         
07 read:                                                                                                                   
08 APPLICABILITY. The repeals of AS 11.41.150, 11.41.160, 11.41.170, 11.41.180,                                            
09 11.41.280, 11.41.282, 11.41.289, and AS 11.81.900(b)(65) by sec. 32 of this Act apply to                                
10 offenses committed on or after the effective date of sec. 32 of this Act.                                               
11    * Sec. 34. The uncodified law of the State of Alaska is amended by adding a new section to                         
12 read:                                                                                                                   
13       NONSEVERABILITY. Notwithstanding AS 01.10.030, the provisions of this Act are                                     
14 not severable.                                                                                                          
15    * Sec. 35. This Act takes effect immediately under AS 01.10.070(c).