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).