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27th Legislature(2011-2012)

Bill Text 27th Legislature


00                             HOUSE BILL NO. 363                                                                          
01 "An Act prohibiting the use of public funds for abortion."                                                              
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
04 to read:                                                                                                                
05       SHORT TITLE. This Act may be known as the Abortion Subsidy Prohibition Act.                                       
06    * Sec. 2. AS 18.16 is amended by adding a new section to read:                                                     
07        Article 2. Prohibition on Using Public Funds or Facilities for Abortions.                                      
08            Sec. 18.16.200. Comprehensive prohibition on the use of public funds and                                   
09       public facilities for abortion. (a) Notwithstanding another provision of law, public                            
10       funds made available to an institution, board, commission, department, agency,                                    
11       official, or employee of the state or a local political subdivision of the state, whether                         
12       the funds are made available by the United States government, the state, or a political                           
13       subdivision of the state, or from another public entity, including money paid by a                                
14       university student as part of the tuition or fees paid to the University of Alaska, may                           
15       not be used to assist in or provide facilities for an abortion or for training to perform                         
01       an abortion.                                                                                                      
02            (b)  A person employed by the state or an agency or political subdivision of the                             
03       state may not, within the scope of the person's state employment, perform or assist in                            
04       an abortion.                                                                                                      
05            (c)  A fund or committee authorized by law for the special protection of                                     
06       women or children may not use or distribute public funds for the payment for                                      
07       abortions, abortion referrals, abortion counseling, or another abortion-related service.                          
08            (d)  An organization that receives funds authorized or appropriated by the state                             
09       may not use those funds to perform or promote abortions, provide counseling in favor                              
10       of abortion, or to make referrals for abortions.                                                                  
11            (e)  A public institution, public facility, public equipment, or other physical                              
12       asset owned, leased, or controlled by the state or any agency or political subdivision of                         
13       the state may not be used for the purpose of performing or assisting an abortion.                                 
14            (f)  The state may not lease, sell, or allow to be sublet to a physician or health                           
15       facility a public institution, facility, or other property for use in the provision,                              
16       inducement, or performance of abortions.                                                                          
17            (g)  The limitations in (a) - (f) of this section do not apply to an abortion                                
18       performed when                                                                                                    
19                 (1)  the life of the mother is endangered by a physical disorder, physical                              
20       illness, or physical injury;                                                                                      
21                 (2)  the life of the mother is endangered by a physical condition caused                                
22       by or arising from the pregnancy itself; or                                                                       
23                 (3)  the pregnancy is the result of an act of rape or incest.                                           
24            (h)  Nothing in this section shall be construed as creating or recognizing a right                           
25       to abortion or a right to federal or state funds for family planning services.                                  
26            (i)  In this section, "public facility" means a capital improvement owned,                                   
27       operated, or occupied by the state, a public corporation of the state, the University of                          
28       Alaska, a political subdivision of the state, or a regional educational attendance area.                          
29    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
30 read:                                                                                                                   
31       SEVERABILITY. Under AS 01.10.030, if any provision of this Act, or the application                                
01 of it to any person or circumstance, is held invalid, the remainder of this Act and the                                 
02 application to other persons or circumstances are not affected.                                                         
03    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
04 read:                                                                                                                   
05       REVISOR'S INSTRUCTION. The revisor of statutes is requested to renumber                                           
06 AS 18.16.090 as AS 18.16.500.                                                                                           
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