Legislature(2021 - 2022)BUTROVICH 205
04/23/2021 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB82 | |
| SJR4 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SJR 4 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 82 | TELECONFERENCED | |
| += | SB 122 | TELECONFERENCED | |
SJR 4-CONST. AM: ABORTION/FUNDING
2:53:56 PM
CHAIR HOLLAND reconvened the meeting and announced the
consideration of SENATE JOINT RESOLUTION NO. 4, Proposing an
amendment to the Constitution of the State of Alaska relating to
abortion.
[This was the second hearing on SJR 4. Public testimony was
opened and closed on 4/16/21.]
2:54:15 PM
SENATOR HUGHES stated that SJR 4 uses the language "may". She
related her understanding that the Manual of Legislative
Drafting states when using the negative, such as stating that
the person cannot do something, the language "may not" is used
rather than the language "shall not". In this case, the language
"may not" is the same as "cannot." However, some other states
have used the language "shall" including Louisiana, but Alabama
uses "may not." Tennessee uses the language, "Nothing in this
constitution secures or protects ?. She asked the record to
reflect that "may not" is the same as "cannot." She asked Mr.
Dunmire to address the issue.
2:56:20 PM
ANDREW DUNMIRE, Attorney, Legislative Legal Services,
Legislative Affairs Agency, Juneau, Alaska, referred to page 65
of the Manual of Legislative Drafting, which instructs using
"shall" to impose a duty upon someone. It further instructs
using "may not" to impose a prohibition upon someone. The Alaska
Constitution is not as consistent as bills currently being
drafted. For example, Art. 1, Sec. 20 reads, "No member of the
armed forces shall in time of peace be quartered in any house
?." More recent provisions do conform to the current drafting
style. For example, Art. 1, Sec. 25 reads, "To be valid or
recognized in this State, a marriage may exist only between one
man and one woman." The current style is to use "may not" to
express a prohibition whereas to use "shall" to instruct someone
or an agency has a duty to perform an act.
2:57:42 PM
SENATOR HUGHES said she wanted the record to be clear that the
meaning of the language "may not" is the same as "cannot" and it
does not provide for any other interpretation.
2:58:32 PM
At ease
2:58:54 PM
SENATOR HOLLAND reconvened the meeting.
2:59:04 PM
SENATOR SHOWER moved to report SJR 4, work order 32-LS0246\A
from committee with individual recommendations and attached
fiscal note(s).
2:59:15 PM
SENATOR KIEHL objected. He said his objection goes directly to
the heart of the proposed constitutional amendment to remove
some of Alaskan women's rights. In fact, he could not think of
any situation in which he could support placing such
restrictions in the Alaska Constitution. The committee has
debated and discussed SJR 4 and it has heard presentations from
those who have tried to frame this as asserting the
legislature's right to lawmaking. However, the simple fact is
that the courts have exercised their duties and obligations
under the Alaska Constitution. The Alaska Supreme Court has
prevented the legislature from violating these constitutional
rights by overturning restrictions on abortion that the
legislature tried to enact. He stated that the Alaska
Constitution provides women the right to decide when or whether
to become a parent. This applies to all women, whether they are
young or poor. Women have the right to privacy under the Alaska
Constitution, which is more explicit about these rights than the
US Constitution. The courts have found that the government may
not violate women's rights to privacy. The Alaska Constitution
also grants women equality. The only way that the government can
come between a woman and her doctor and her religious leader, if
she has one, and her decision when or whether to become a parent
is to remove some of her rights. Ultimately, that is the effect
of SJR 4, he said.
3:01:37 PM
SENATOR HUGHES reminded members that little baby girls who will
become future women have rights while in utero. She said the
baby is not a growth or a tumor but is an actual baby. Although
SJR 4 does not set any policy, it will help the state move
forward to determine the policies. She offered her belief that
taking the life of a baby via abortion is murder because it is
taking the life of another human. She offered her view that it
is time for Alaskans to establish policy that reflects the
values of Alaskans.
SENATOR KIEHL maintained his objection.
3:02:53 PM
A roll call vote was taken. Senators Shower, Hughes, Myers, and
Holland voted in favor of reporting SJR 4 from committee and
Senator Kiehl voted against it. Therefore, the CSSJR 4(JUD) was
reported from the Senate Judiciary Standing Committee by a vote
of 4:1.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 82 Amendment Packet (SJUD).pdf |
SJUD 4/23/2021 1:30:00 PM |
SB 82 |