HB 206: "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. 206 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 Preborn 04 Child Equality Act of 2021. 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 opening words of the Constitution of the State of Alaska declare, in art. 10 I, sec. 1, that "This constitution is dedicated to the principles that all persons have a natural 11 right to life," and in art. I, sec. 7, the Constitution of the State of Alaska further declares that 12 "No person shall be deprived of life, liberty, or property, without due 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, parentage, ancestry, location, disability, deformity, stage of development, 23 life 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 judicial branch, and further, the legislature 29 has not 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, order, or court order that has the purpose, 14 intent, or effect of legalizing any abortion in the state infringes on a child's right to life in 15 violation of the Fourteenth Amendment to the Constitution of the United States and, therefore, 16 is not made in accordance with the Constitution of the United States, is not authorized by the 17 Constitution of the United States, is not the supreme law of the land, and, consequently, is 18 invalid in this state and shall be considered null and void and of no effect in this state. 19 * Sec. 3. AS 01.10.055 is amended by adding a new subsection to read: 20 (d) A preborn child is a resident of the state if the mother of the preborn child 21 is a resident of the state under this section. This subsection is not subject to judicial 22 review. 23 * Sec. 4. AS 01.10.060(a) is amended by adding new paragraphs to read: 24 (15) "abortion" means the death of a child as the result of action taken 25 before or during the birth of the child with the intent to cause the death of the child; 26 (16) "birth" means the process by which a child leaves the womb; 27 (17) "child" means a natural person from the moment of conception 28 until 18 years of age; 29 (18) "conception" means, notwithstanding any other provision of law, 30 the beginning of biological development of a human organism when the sperm and the 31 egg fuse, or, in the case of asexual reproduction, the equivalent stage of development
01 when a complete new human organism is present; 02 (19) "natural person" means, notwithstanding any other provision of 03 law, a human being, regardless of age, race, religion, size, sex, citizenship, parentage, 04 ancestry, disability, deformity, location, stage of development, life expectancy, or 05 condition of dependency from the moment of conception; 06 (20) "preborn child" means a natural person from the moment of 07 conception who has not yet left the womb. 08 * Sec. 5. AS 01.10.060 is amended by adding a new subsection to read: 09 (c) The terms defined in (a)(15) - (20) of this section are not subject to judicial 10 review. 11 * Sec. 6. AS 01 is amended by adding a new chapter to read: 12 Chapter 15. Implementation of Right to Privacy. 13 Sec. 01.15.010. Acts not protected under right to privacy. Notwithstanding 14 any other provision of law, intentionally causing the death of a natural person before, 15 during, or after birth is not protected by a right to privacy under art. I, sec. 22, 16 Constitution of the State of Alaska. This chapter is not subject to judicial review. 17 * Sec. 7. AS 08.64.364(c) is amended to read: 18 (c) Notwithstanding (a) and (b) of this section, 19 (1) a physician may not prescribe, dispense, or administer an abortion- 20 inducing drug [UNDER (a) OF THIS SECTION UNLESS THE PHYSICIAN 21 COMPLIES WITH AS 18.16.010]; and 22 (2) a physician or physician assistant may not prescribe, dispense, or 23 administer a prescription drug in response to an Internet questionnaire or electronic 24 mail message to a person with whom the physician or physician assistant does not 25 have a prior physician-patient relationship. 26 * Sec. 8. AS 09.55.585(a) is amended to read: 27 (a) A parent or legal guardian of a preborn [AN UNBORN] child may 28 maintain an action as plaintiff for the death of a preborn [AN UNBORN] child that 29 was caused by the wrongful act or omission of another. 30 * Sec. 9. AS 09.55.585(c) is amended to read: 31 (c) This section does not limit any other cause of action that a parent or legal
01 guardian may maintain for the death of a preborn [AN UNBORN] child. 02 * Sec. 10. AS 09.65 is amended by adding a new section to read: 03 Sec. 09.65.252. Immunity for actions relating to children. A person, 04 including a state officer or employee, may not be held liable for a good faith action 05 taken to implement the changes made by this Act. This section is not subject to 06 judicial review. 07 * Sec. 11. AS 11.41.140 is amended to read: 08 Sec. 11.41.140. Definition. In AS 11.41.100 - 11.41.140, "person," [,] when 09 referring to the victim of a crime, means a natural person [HUMAN BEING] who 10 [HAS BEEN BORN AND] was alive at the time of the criminal act. A person who is 11 not a child is "alive" if there is spontaneous respiratory or cardiac function or, when 12 respiratory and cardiac functions are maintained by artificial means, there is 13 spontaneous brain function. A person who is a child is "alive" if the child 14 (1) meets the criteria under this section to be alive; or 15 (2) is in the process of developing the ability to meet the criteria 16 under this section to be alive. 17 * Sec. 12. AS 11.41.220(a) is amended to read: 18 (a) A person commits the crime of assault in the third degree if that person 19 (1) recklessly 20 (A) places another person in fear of imminent serious physical 21 injury by means of a dangerous instrument; 22 (B) causes physical injury to another person by means of a 23 dangerous instrument; or 24 (C) while being 18 years of age or older, 25 (i) causes physical injury to a child under 12 years of 26 age and the injury would cause a reasonable caregiver to seek medical 27 attention from a health care professional in the form of diagnosis or 28 treatment; 29 (ii) causes physical injury to a child under 12 years of 30 age on more than one occasion; 31 (2) with intent to place another person in fear of death or serious
01 physical injury to the person or the person's family member, makes repeated threats to 02 cause death or serious physical injury to another person; 03 (3) while being 18 years of age or older, knowingly causes physical 04 injury to a child under 16 years of age but at least 12 years of age and the injury 05 reasonably requires medical treatment; 06 (4) with criminal negligence, causes serious physical injury under 07 AS 11.81.900(b)(59)(B) to another person by means of a dangerous instrument; or 08 (5) commits a crime that is a violation of AS 11.41.230(a)(1) or (2) 09 and, within the preceding 10 years, the person was convicted on two or more separate 10 occasions of crimes under 11 (A) AS 11.41.100 - 11.41.140 [AS 11.41.100 - 11.41.170]; 12 (B) AS 11.41.200 - 11.41.220 or [,] 11.41.230(a)(1) or (2) [, 13 11.41.280, OR 11.41.282]; 14 (C) AS 11.41.260 or 11.41.270; 15 (D) AS 11.41.410, 11.41.420, or 11.41.425(a)(1); or 16 (E) a law or ordinance of this or another jurisdiction with 17 elements similar to those of an offense described in (A) - (D) of this paragraph. 18 * Sec. 13. AS 11.81.250(a) is amended to read: 19 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 20 title, except murder in the first and second degree, attempted murder in the first 21 degree, solicitation to commit murder in the first degree, conspiracy to commit murder 22 in the first degree, [MURDER OF AN UNBORN CHILD,] sexual assault in the first 23 degree, sexual abuse of a minor in the first degree, misconduct involving a controlled 24 substance in the first degree, sex trafficking in the first degree under 25 AS 11.66.110(a)(2), and kidnapping, are classified on the basis of their seriousness, 26 according to the type of injury characteristically caused or risked by commission of 27 the offense and the culpability of the offender. Except for murder in the first and 28 second degree, attempted murder in the first degree, solicitation to commit murder in 29 the first degree, conspiracy to commit murder in the first degree, [MURDER OF AN 30 UNBORN CHILD,] sexual assault in the first degree, sexual abuse of a minor in the 31 first degree, misconduct involving a controlled substance in the first degree, sex
01 trafficking in the first degree under AS 11.66.110(a)(2), and kidnapping, the offenses 02 in this title are classified into the following categories: 03 (1) class A felonies, which characteristically involve conduct resulting 04 in serious physical injury or a substantial risk of serious physical injury to a person; 05 (2) class B felonies, which characteristically involve conduct resulting 06 in less severe violence against a person than class A felonies, aggravated offenses 07 against property interests, or aggravated offenses against public administration or 08 order; 09 (3) class C felonies, which characteristically involve conduct serious 10 enough to deserve felony classification but not serious enough to be classified as A or 11 B felonies; 12 (4) class A misdemeanors, which characteristically involve less severe 13 violence against a person, less serious offenses against property interests, less serious 14 offenses against public administration or order, or less serious offenses against public 15 health and decency than felonies; 16 (5) class B misdemeanors, which characteristically involve a minor 17 risk of physical injury to a person, minor offenses against property interests, minor 18 offenses against public administration or order, or minor offenses against public health 19 and decency; 20 (6) violations, which characteristically involve conduct inappropriate 21 to an orderly society but which do not denote criminality in their commission. 22 * Sec. 14. AS 11.81.250(b) is amended to read: 23 (b) The classification of each felony defined in this title, except murder in the 24 first and second degree, attempted murder in the first degree, solicitation to commit 25 murder in the first degree, conspiracy to commit murder in the first degree, 26 [MURDER OF AN UNBORN CHILD,] sexual assault in the first degree, sexual 27 abuse of a minor in the first degree, misconduct involving a controlled substance in the 28 first degree, sex trafficking in the first degree under AS 11.66.110(a)(2), and 29 kidnapping, is designated in the section defining it. A felony under the law of this state 30 defined outside this title for which no penalty is specifically provided is a class C 31 felony.
01 * Sec. 15. AS 12.55.035(b) is amended to read: 02 (b) Upon conviction of an offense, a defendant who is not an organization may 03 be sentenced to pay, unless otherwise specified in the provision of law defining the 04 offense, a fine of not more than 05 (1) $500,000 for murder in the first or second degree, attempted 06 murder in the first degree, [MURDER OF AN UNBORN CHILD,] sexual assault in 07 the first degree, sexual abuse of a minor in the first degree, kidnapping, sex trafficking 08 in the first degree under AS 11.66.110(a)(2), or misconduct involving a controlled 09 substance in the first degree; 10 (2) $250,000 for a class A felony; 11 (3) $100,000 for a class B felony; 12 (4) $50,000 for a class C felony; 13 (5) $25,000 for a class A misdemeanor; 14 (6) $2,000 for a class B misdemeanor; 15 (7) $500 for a violation. 16 * Sec. 16. AS 12.55.125(a) is amended to read: 17 (a) A defendant convicted of murder in the first degree [OR MURDER OF 18 AN UNBORN CHILD UNDER AS 11.41.150(a)(1)] shall be sentenced to a definite 19 term of imprisonment of at least 30 years but not more than 99 years. A defendant 20 convicted of murder in the first degree shall be sentenced to a mandatory term of 21 imprisonment of 99 years when 22 (1) the defendant is convicted of the murder of a uniformed or 23 otherwise clearly identified peace officer, firefighter, or correctional employee who 24 was engaged in the performance of official duties at the time of the murder; 25 (2) the defendant has been previously convicted of 26 (A) murder in the first degree under AS 11.41.100 or former 27 AS 11.15.010 or 11.15.020; 28 (B) murder in the second degree under AS 11.41.110 or former 29 AS 11.15.030; or 30 (C) homicide under the laws of another jurisdiction when the 31 offense of which the defendant was convicted contains elements similar to first
01 degree murder under AS 11.41.100 or second degree murder under 02 AS 11.41.110; 03 (3) the defendant subjected the murder victim to substantial physical 04 torture; 05 (4) the defendant is convicted of the murder of and personally caused 06 the death of a person, other than a participant, during a robbery; or 07 (5) the defendant is a peace officer who used the officer's authority as a 08 peace officer to facilitate the murder. 09 * Sec. 17. AS 12.55.125(b) is amended to read: 10 (b) A defendant convicted of attempted murder in the first degree, solicitation 11 to commit murder in the first degree, conspiracy to commit murder in the first degree, 12 kidnapping, or misconduct involving a controlled substance in the first degree shall be 13 sentenced to a definite term of imprisonment of at least five years but not more than 14 99 years. A defendant convicted of murder in the second degree [OR MURDER OF 15 AN UNBORN CHILD UNDER AS 11.41.150(a)(2) - (4)] shall be sentenced to a 16 definite term of imprisonment of at least 15 years but not more than 99 years. A 17 defendant convicted of murder in the second degree shall be sentenced to a definite 18 term of imprisonment of at least 20 years but not more than 99 years when the 19 defendant is convicted of the murder of a child under 16 years of age and the court 20 finds by clear and convincing evidence that the defendant (1) was a natural parent, a 21 stepparent, an adoptive parent, a legal guardian, or a person occupying a position of 22 authority in relation to the child; or (2) caused the death of the child by committing a 23 crime against a person under AS 11.41.200 - 11.41.530. In this subsection, "legal 24 guardian" and "position of authority" have the meanings given in AS 11.41.470. 25 * Sec. 18. AS 13.06.120(a) is amended to read: 26 (a) In any proceedings involving trusts, nonprobate assets, or estates of 27 decedents, minors, protected persons, or incapacitated persons brought under 28 AS 13.06 - AS 13.36 or AS 13.38, the following apply: 29 (1) interests to be affected shall be described in pleadings that give 30 reasonable information to owners by name or class, by reference to the instrument 31 creating the interests, or in other appropriate manner;
01 (2) persons are bound by orders binding others in the following cases: 02 (A) orders binding the sole holder or all co-holders of a power 03 of revocation or a general or nongeneral power of appointment, including one 04 in the form of a power of amendment, bind other persons to the extent their 05 interests, as objects, takers in default, or otherwise, are subject to the power; 06 (B) to the extent there is no conflict of interest between them or 07 among persons represented, orders binding a conservator bind the person 08 whose estate the conservator controls; orders binding a guardian bind the ward 09 if no conservator of the estate has been appointed; orders binding a trustee bind 10 beneficiaries of the trust in proceedings to probate a will establishing or adding 11 to a trust, to review the acts or accounts of a prior fiduciary, and in proceedings 12 involving creditors or other third parties; orders binding a personal 13 representative bind persons interested in the undistributed assets of a 14 decedent's estate in actions or proceedings by or against the estate; and orders 15 binding an agent having authority to act with respect to the particular questions 16 or dispute bind the principal; if there is no conflict of interest and no 17 conservator or guardian has been appointed, a parent may represent the minor 18 child; 19 (C) [AN UNBORN PERSON,] a minor, an incapacitated 20 person, or a person whose identity or location is unknown or not reasonably 21 ascertainable who is not otherwise represented is bound by an order to the 22 extent the interest is adequately represented by another party having a 23 substantially identical interest in the proceeding; 24 (D) with regard to interests given upon the happening of a 25 certain event to persons who comprise a certain class, orders binding the living 26 persons who would constitute the class, if the event had happened immediately 27 before the commencement of the proceeding, bind all members of the class; 28 (E) with regard to an interest given to a living person when the 29 same interest or a share of the interest is to pass to the surviving spouse or to 30 persons who are or might be the distributees, devisees, heirs, or issue of the 31 living person upon the happening of a future event, orders binding the living
01 person bind the surviving spouse, distributees, devisees, heirs, or issue of the 02 living person; 03 (F) with regard to interests given to a person or a class of 04 persons, or to both, upon the happening of a future event, if the same interest 05 or a share of the interest is to pass to another person or class of persons, or to 06 both, upon the happening of an additional future event, orders binding the 07 living person or class of persons who would take the interest upon the 08 happening of the first event bind the persons and classes of persons who might 09 take on the happening of the additional future event; 10 (G) if a person is designated by a trust instrument to represent 11 and bind a [BORN OR UNBORN] beneficiary of the trust and receive a notice, 12 information, accounting, or report for the beneficiary, then the beneficiary is 13 bound by an order binding the designated person; in this subparagraph, 14 (i) the settlor may make the designation in the trust 15 instrument, in a separate document, or by a trust protector authorized in 16 the trust instrument to make the designation; 17 (ii) except as otherwise provided in this subparagraph, a 18 person designated under (i) of this subparagraph may not represent and 19 bind a beneficiary while the designated person is serving as trustee; 20 (iii) except as otherwise provided in this subparagraph, 21 a person designated under (i) of this subparagraph may not represent 22 and bind another beneficiary if the designated person also is a 23 beneficiary, unless the designated person was named by the settlor, is 24 the beneficiary's spouse, or is a grandparent or descendant of a 25 grandparent of the beneficiary or the beneficiary's spouse; in this sub- 26 subparagraph, "spouse" means the individual to whom the beneficiary 27 is married and with whom the beneficiary is living, and a physical 28 separation primarily for education, business, health, and similar reasons 29 does not prevent the individual from being considered to be living with 30 the beneficiary; 31 (3) a person representing another person under (2)(A) - (F) of this
01 section and a person designated under (2)(G)(i) of this section are not liable to the 02 beneficiary whose interests are represented, or to a person claiming through that 03 beneficiary, for an action or omission to act made in good faith; 04 (4) notice is required as follows: 05 (A) notice as prescribed by AS 13.06.110 shall be given to 06 every interested person or to one person who can bind an interested person as 07 described in (2)(A), (B), or (D) - (G) of this section; notice may be given both 08 to a person and to another person who may bind the person; 09 (B) notice is given to [UNBORN PERSONS,] a minor, an 10 incapacitated person, or a person whose identity or location is unknown or not 11 reasonably ascertainable, and persons who are not represented under (2)(A), 12 (B), or (D) - (G) of this section, by giving notice to all known persons whose 13 interests in the proceedings are substantially identical to those of [THE 14 UNBORN PERSONS,] the minor, the incapacitated person, or the person 15 whose identity or location is unknown or not reasonably ascertainable; 16 (5) at any point in a proceeding, a court may appoint a guardian ad 17 litem to represent the interest of [AN UNBORN PERSON,] a minor, an incapacitated 18 person, or a person whose identity or address is unknown or not reasonably 19 ascertainable, if the court determines that representation of the interest otherwise 20 would be inadequate; if not precluded by conflict of interests, a guardian ad litem may 21 be appointed to represent several persons or interests; the court shall set out its reasons 22 for appointing a guardian ad litem as a part of the record of the proceeding. 23 * Sec. 19. AS 13.16.665 is amended to read: 24 Sec. 13.16.665. Effect of approval of agreements. A compromise of any 25 controversy as to admission to probate of any instrument offered for formal probate as 26 the will of a decedent, the construction, validity, or effect of any governing instrument, 27 the rights or interests in the estate of the decedent, of any successor, or the 28 administration of the estate, if approved in a formal proceeding in the court for that 29 purpose, is binding on all the parties to the compromise including those [UNBORN,] 30 unascertained or who could not be located. An approved compromise is binding even 31 though it may affect a trust or an inalienable interest. A compromise does not impair
01 the rights of creditors or of taxing authorities who are not parties to it. 02 * Sec. 20. AS 13.26.066(f) is amended to read: 03 (f) To designate an attorney-in-fact, a parent or guardian shall execute a power 04 of attorney that is in substantially the following form: 05 STATUTORY FORM FOR POWER OF ATTORNEY 06 TO DELEGATE THE POWERS OF A PARENT OR GUARDIAN 07 Section 1. I certify that I am the parent or guardian of 08 _________________________________________________________ 09 (Full name of minor child) (Date of birth) 10 ______________________________ ___________________________ 11 (Full name of minor child) (Date of birth) 12 ______________________________ ___________________________ 13 (Full name of minor child) (Date of birth) 14 who is/are minor children. 15 Section 2. I designate _________________________ (Full name of attorney- 16 in-fact), ________________________________________________________ 17 (Street address, city, state, and zip code of attorney-in-fact) 18 ______________________________ ___________________________ 19 (Home telephone of attorney-in-fact) (Work telephone of attorney-in- 20 fact) 21 as the attorney-in-fact of each minor child named above. 22 Section 3. I delegate to the attorney-in-fact all of my power and authority 23 regarding the care and custody of each minor child named above, including the 24 right to enroll the child in school, the right to inspect and obtain copies of 25 education records and other records concerning the child, the right to attend 26 school activities and other functions concerning the child, and the right to give 27 or withhold any consent or waiver with respect to school activities, medical 28 treatment, dental treatment, and other activity, function, or treatment that may 29 concern the minor child. This delegation does not include the power or 30 authority to consent to the marriage or adoption of the minor child [, THE 31 PERFORMANCE OR INDUCEMENT OF AN ABORTION ON OR FOR
01 THE MINOR CHILD,] or the termination of parental rights to the minor child. 02 OR 03 Section 4. I delegate to my attorney-in-fact the following specific powers and 04 responsibilities (write in): 05 _______________________________________________________________ 06 _______________________________________________________________ 07 Delegation under this section does not include the power or authority to 08 consent to the marriage or adoption of the minor child [, THE 09 PERFORMANCE OR INDUCEMENT OF AN ABORTION ON OR FOR 10 THE MINOR CHILD,] or the termination of parental rights to the minor child. 11 (If you complete Section 4, Section 3 does not apply). 12 Section 5. This power of attorney is effective for a period not to exceed one 13 year, beginning _____________, 20 _____, and ending _______, 20 _____. I 14 reserve the right to revoke this authority at any time. 15 OR 16 Section 6. I am a military parent or guardian under AS 13.26.023(d). My active 17 duty is scheduled to begin on _____________, 20 _____, and is estimated to 18 end on ____________, 20 _____. I acknowledge that this power of attorney 19 will not last more than one year, or the term of my active duty service plus 30 20 days, whichever period is longer. 21 By: ___________________________ 22 (Parent/guardian signature) 23 Section 7. I hereby accept my designation as attorney-in-fact for the minor 24 child/children identified in this power of attorney. 25 ________________________________ 26 (Attorney-in-fact signature) 27 State of _____________ 28 _______ Judicial District 29 ACKNOWLEDGMENT 30 Before me, the undersigned, a Notary Public, in and for the Judicial District 31 and State identified above, on this ____ day of _____________, 20 ____,
01 personally appeared _________________________ (name of parent/guardian) 02 and _________________________ (name of attorney-in-fact), to me known to 03 be the persons who executed this power of attorney, and each acknowledged to 04 me that each executed the same as the person's free and voluntary act and deed 05 for the uses and purposes set out in this power of attorney. 06 Witness my hand and official seal the day and year written above. 07 _________________________________ 08 (Signature of notary public) 09 (Seal, if any) 10 _________________________________ 11 (Title and rank) 12 My commission expires: _____________ 13 * Sec. 21. AS 13.26.316(e) is amended to read: 14 (e) A guardian may not 15 (1) place the ward in a facility or institution for the mentally ill other 16 than through a formal commitment proceeding under AS 47.30 in which the ward has 17 a separate guardian ad litem; 18 (2) consent on behalf of the ward to [AN ABORTION,] sterilization, 19 psychosurgery, or removal of bodily organs except when necessary to preserve the life 20 or prevent serious impairment of the physical health of the ward; 21 (3) consent on behalf of the ward to the withholding of lifesaving 22 medical procedures; however, a guardian is not required to oppose the cessation or 23 withholding of lifesaving medical procedures when those procedures will serve only to 24 prolong the dying process and offer no reasonable expectation of effecting a 25 temporary or permanent cure of or relief from the illness or condition being treated 26 unless the ward has clearly stated that lifesaving medical procedures not be withheld; a 27 guardian is not civilly liable for acts or omissions under this paragraph unless the act 28 or omission constitutes gross negligence or reckless or intentional misconduct; 29 (4) consent on behalf of the ward to the performance of an 30 experimental medical procedure or to participation in a medical experiment not 31 intended to preserve the life or prevent serious impairment of the physical health of
01 the ward; 02 (5) consent on behalf of the ward to termination of the ward's parental 03 rights; 04 (6) prohibit the ward from registering to vote or from casting a ballot 05 at public election; 06 (7) prohibit the ward from applying for and obtaining a driver's 07 license; 08 (8) prohibit the marriage or divorce of the ward. 09 * Sec. 22. AS 13.52.050 is amended to read: 10 Sec. 13.52.050. Decisions for exceptional procedures. Unless there is a 11 durable power of attorney for health care or another writing clearly expressing an 12 individual's intent to the contrary, an agent or surrogate may not consent on behalf of a 13 patient to [AN ABORTION,] sterilization, psychosurgery, or removal of bodily organs 14 except when the [ABORTION,] sterilization, psychosurgery, or removal of bodily 15 organs is necessary to preserve the life of the patient or to prevent serious impairment 16 of the health of the patient. 17 * Sec. 23. AS 18.05.032(a) is amended to read: 18 (a) The department shall maintain on the Internet, in printable form, standard 19 information that 20 (1) contains geographically indexed material designed to inform a 21 person of public and private agencies, services, clinics, and facilities that are available 22 to assist a woman with the woman's reproductive choices; the department shall include 23 information about at least the following types of agencies, services, clinics, and 24 facilities: 25 (A) agencies, services, clinics, and facilities designed to assist a 26 woman through pregnancy, including adoption agencies, and counseling 27 services; 28 (B) agencies, services, clinics, and facilities that provide 29 [ABORTION OPTIONS AND COUNSELING AND] post-abortion 30 counseling and services; and 31 (C) agencies, services, clinics, and facilities designed to assist
01 with or provide contraceptive options and counseling for appropriate family 02 planning; 03 (2) includes a comprehensive regional directory of the agencies, 04 services, clinics, and facilities that request to be identified by the department under (1) 05 of this subsection, a description of the services they offer, and the manner in which the 06 agencies, services, clinics, and facilities may be contacted, including telephone 07 numbers; 08 (3) provides information concerning the eligibility for medical 09 assistance benefits for prenatal care, childbirth, neonatal care, [ABORTION 10 SERVICES,] women's health care, and contraception; 11 (4) [STATES THAT INFORMED AND VOLUNTARY CONSENT 12 IS REQUIRED UNDER AS 18.16.060 FOR AN ABORTION; 13 (5)] provides information concerning the process by which a mother of 14 a child may establish a child support order to assist in the support of a child; 15 (5) [(6)] describes the fetal development of a typical [UNBORN] child 16 at two-week gestational increments from conception [FERTILIZATION] to full-term, 17 including links to photographs of a typical [UNBORN] child at four-week gestational 18 increments, and relevant information about the possibility of a [AN UNBORN] child's 19 survival at the various gestational ages; the information must be objective, 20 nonjudgmental information that is reviewed and approved for medical accuracy by 21 recognized obstetrical and gynecological specialists designated by the State Medical 22 Board and designed to convey only accurate scientific information about [UNBORN] 23 children at various gestational ages; 24 (6) [(7)] contains objective, unbiased information that is reviewed and 25 approved for medical accuracy by recognized obstetrical and gynecological specialists 26 designated by the State Medical Board; 27 (7) [AND THAT DESCRIBES THE METHODS OF ABORTION 28 PROCEDURES AND TREATMENTS COMMONLY EMPLOYED AND THE 29 MEDICAL RISKS AND POSSIBLE COMPLICATIONS COMMONLY 30 ASSOCIATED WITH EACH PROCEDURE AND TREATMENT, AS WELL AS 31 THE POSSIBLE PHYSICAL AND PSYCHOLOGICAL EFFECTS THAT HAVE
01 BEEN ASSOCIATED WITH HAVING AN ABORTION; 02 (8)] contains objective, unbiased information that is reviewed and 03 approved for medical accuracy by recognized obstetrical and gynecological specialists 04 designated by the State Medical Board and that describes the possible medical risks 05 and complications commonly associated with pregnancy and childbirth, as well as the 06 possible physical and psychological effects that have been associated with carrying a 07 child to term; 08 (8) [(9)] contains objective, unbiased information that is reviewed and 09 approved for medical accuracy by recognized obstetrical and gynecological specialists 10 designated by the State Medical Board and that concerns the harmful effects on a [AN 11 UNBORN] child when a woman consumes alcohol, tobacco, or illegal drugs during 12 pregnancy; 13 (9) [(10)] contains objective, unbiased, and comprehensive 14 information that is reviewed and approved for medical accuracy by recognized 15 obstetrical and gynecological specialists designated by the State Medical Board and 16 that describes the different types of available contraceptive choices, including 17 abstinence and natural family planning, that describes the methods of contraception 18 that are only intended to prevent sperm-egg fusion [FERTILIZATION AND THE 19 METHODS THAT ARE INTENDED TO PREVENT IMPLANTATION OF A 20 FERTILIZED EGG], and that describes the reliability, psychological effects, medical 21 risks, and complications commonly associated with each method; 22 (10) [(11)] contains a disclaimer on the website home page concerning 23 the graphic or sensitive nature of the information contained on the website; 24 (11) [(12)] contains a signature form by which a person may indicate 25 the person has reviewed the information. 26 * Sec. 24. AS 18.05.032(c)(3) is amended to read: 27 (3) "gestational age" means the age of the [UNBORN] child as 28 calculated from the first day of the last menstrual period of a pregnant woman; 29 * Sec. 25. AS 21.07.250(3) is amended to read: 30 (3) "emergency medical condition" means a medical condition 31 manifesting itself by acute symptoms of sufficient severity, including severe pain, that
01 a prudent person who possesses an average knowledge of health and medicine could 02 reasonably expect that the absence of immediate medical attention would result in 03 serious impairment of bodily functions, serious dysfunction of a bodily organ or part, 04 or would place the person's health or, with respect to a pregnant woman, the health of 05 the woman or her [UNBORN] child, in serious jeopardy. 06 * Sec. 26. AS 25.20.025(a) is amended to read: 07 (a) A minor [EXCEPT AS PROHIBITED UNDER AS 18.16.010(a)(3),] 08 (1) [A MINOR] who is living apart from the minor's parents or legal 09 guardian and who is managing the minor's own financial affairs, regardless of the 10 source or extent of income, may give consent for medical and dental services for the 11 minor; 12 (2) [A MINOR] may give consent for medical and dental services if 13 the parent or legal guardian of the minor cannot be contacted or, if contacted, is 14 unwilling either to grant or withhold consent; however, where the parent or legal 15 guardian cannot be contacted or, if contacted, is unwilling either to grant or to 16 withhold consent, the provider of medical or dental services shall counsel the minor 17 keeping in mind not only the valid interests of the minor but also the valid interests of 18 the parent or guardian and the family unit as best the provider presumes them; 19 (3) [A MINOR] who is the parent of a child may give consent to 20 medical and dental services for the minor or the child; 21 (4) [A MINOR] may give consent for diagnosis, prevention or 22 treatment of pregnancy, and for diagnosis and treatment of venereal disease [; 23 (5) THE PARENT OR GUARDIAN OF THE MINOR IS RELIEVED 24 OF ALL FINANCIAL OBLIGATION TO THE PROVIDER OF THE SERVICE 25 UNDER THIS SECTION]. 26 * Sec. 27. AS 25.20.025 is amended by adding a new subsection to read: 27 (d) The parent or guardian of a minor is relieved of all financial obligation to a 28 provider of a service under this section. 29 * Sec. 28. AS 25.23.240(3) is amended to read: 30 (3) "child" means a son or daughter, whether by conception [BIRTH] 31 or by adoption;
01 * Sec. 29. AS 44.21.410(a) is amended to read: 02 (a) The office of public advocacy shall 03 (1) perform the duties of the public guardian under AS 13.26.700 - 04 13.26.750; 05 (2) provide visitors and experts in guardianship proceedings under 06 AS 13.26.291; 07 (3) provide guardian ad litem services to children in child protection 08 actions under AS 47.17.030(e) and to wards and respondents in guardianship 09 proceedings who will suffer financial hardship or become dependent on [UPON] a 10 government agency or a private person or agency if the services are not provided at 11 state expense under AS 13.26.041; 12 (4) provide legal representation [IN CASES INVOLVING JUDICIAL 13 BYPASS PROCEDURES FOR MINORS SEEKING ABORTIONS UNDER 14 AS 18.16.030,] in guardianship proceedings to respondents who are financially unable 15 to employ attorneys under AS 13.26.226(b), to indigent parties in cases involving 16 child custody in which the opposing party is represented by counsel provided by a 17 public agency, and to indigent parents or guardians of a minor respondent in a 18 commitment proceeding concerning the minor under AS 47.30.775; 19 (5) provide legal representation and guardian ad litem services under 20 AS 25.24.310; in cases arising under AS 47.15 (Interstate Compact for Juveniles); in 21 cases involving petitions to adopt a minor under AS 25.23.125(b) or petitions for the 22 termination of parental rights under AS 25.23.180(c)(2); in cases involving petitions to 23 remove the disabilities of a minor under AS 09.55.590; in children's proceedings under 24 AS 47.10.050(a) or under AS 47.12.090; in cases involving appointments under 25 AS 18.66.100(a) in petitions for protective orders on behalf of a minor; and in cases 26 involving indigent persons who are entitled to representation under AS 18.85.100 and 27 who cannot be represented by the public defender agency because of a conflict of 28 interests; 29 (6) develop and coordinate a program to recruit, select, train, assign, 30 and supervise volunteer guardians ad litem from local communities to aid in delivering 31 services in cases in which the office of public advocacy is appointed as guardian ad
01 litem; 02 (7) Provide guardian ad litem services in proceedings under 03 AS 12.45.046 or AS 18.15.355 - 18.15.395; 04 (8) establish a fee schedule and collect fees for services provided by 05 the office, except as provided in AS 18.85.120 or when imposition or collection of a 06 fee is not in the public interest as defined under regulations adopted by the 07 commissioner of administration; 08 (9) provide visitors and guardians ad litem in proceedings under 09 AS 47.30.839; 10 (10) provide legal representation to an indigent parent of a child with a 11 disability; in this paragraph, "child with a disability" has the meaning given in 12 AS 14.30.350; 13 (11) investigate complaints and bring civil actions under 14 AS 44.21.415(a) involving fraud committed against residents of the state who are 60 15 years of age or older; in this paragraph, "fraud" has the meaning given in 16 AS 44.21.415. 17 * Sec. 30. AS 44.23.020 is amended by adding new subsections to read: 18 (l) The attorney general may defend a citizen of the state who is prosecuted by 19 the federal government for violation of federal law or court order requiring the 20 procurement or facilitation of abortion in the state. 21 (m) The attorney general shall file legal action necessary to prevent the 22 implementation of a federal statute, regulation, rule, or order that violates the rights of 23 a resident of the state. 24 (n) The attorney general may not enter an appearance in a federal civil action 25 related to the Life at Conception Act or the Preborn Child Equality Act of 2021. 26 (o) Subsections (l) – (n) of this section are not subject to judicial review. 27 * Sec. 31. AS 44.23 is amended by adding a new section to read: 28 Sec. 44.23.075. State policy concerning facilitation of abortion. (a) A 29 federal statute, regulation, rule, or order adopted, enacted, or otherwise effective on or 30 after the effective date of this Act is unenforceable in the state by an official, agent, or 31 employee of the state, a municipality, or the federal government if the federal statute,
01 regulation, rule, or order violates the Fifth or Fourteenth Amendments to the 02 Constitution of the United States or art. I, sec. 1 or art. I, sec. 7, Constitution of the 03 State of Alaska, by 04 (1) requiring that assistance be given to facilitate an abortion in the 05 state; or 06 (2) requiring that assistance be given to facilitate the removal of a child 07 from the state for the purpose of killing the child. 08 (b) This section is not subject to judicial review. 09 * Sec. 32. AS 44.99.040(a) is amended to read: 10 (a) A state or municipal agency may not use or authorize the use of an asset to 11 implement or aid in the implementation of a requirement of 12 (1) an order of the President of the United States, a federal regulation, 13 [OR] a law enacted by the United States Congress, or a federal court order that is 14 applied to 15 (A) infringe on a person's right, under the Second Amendment 16 to the Constitution of the United States, to keep and bear arms; 17 (B) deny a person a right to due process, or a protection of due 18 process, that would otherwise be available to the person under the Constitution 19 of the State of Alaska or the Constitution of the United States; 20 (C) infringe on a person's right to life under the Fifth and 21 Fourteenth Amendments to the Constitution of the United States [; OR] 22 (2) [REPEALED]. 23 * Sec. 33. AS 08.64.105, 08.64.326(a)(10), AS 09.55.585(b)(1), 09.55.585(b)(3), 24 09.55.585(d); AS 11.41.150, 11.41.160, 11.41.170, 11.41.180, 11.41.280, 11.41.282, 25 11.41.289; AS 11.81.900(b)(66); AS 13.26.066(a)(2); AS 18.05.032(c)(1), 18.05.032(c)(4), 26 18.05.035; AS 18.16.010, 18.16.020, 18.16.030, 18.16.040, 18.16.050, 18.16.060, 18.16.090; 27 and AS 47.07.068 are repealed. 28 * Sec. 34. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 APPLICABILITY. The repeals of AS 11.41.150, 11.41.160, 11.41.170, 11.41.180, 31 11.41.280, 11.41.282, 11.41.289, and AS 11.81.900(b)(66) by sec. 33 of this Act apply to
01 offenses committed on or after the effective date of sec. 33 of this Act. 02 * Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 NONSEVERABILITY. Notwithstanding AS 01.10.030, the provisions of this Act are 05 not severable. 06 * Sec. 36. This Act takes effect immediately under AS 01.10.070(c).