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.