Legislature(2021 - 2022)

2022-03-09 House Journal

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2022-03-09                     House Journal                      Page 2048
HB 62                                                                                                                         
The following was before the House in second reading with                                                                       
Amendment No. 4 moved and pending:                                                                                              
                                                                                                                                
    CS FOR HOUSE BILL NO. 62(JUD)                                                                                               
    "An Act relating to the Legislative Ethics Act; and relating to                                                             
    solemnization of marriage."                                                                                                 
                                                                                                                                
Amendment No. 1 to Amendment No. 4 was offered  by                                                                               
Representative Eastman:                                                                                                         
                                                                                                                                
Page 1, lines 3-4 of the amendment:                                                                                             
 Delete all material and insert:                                                                                                
                  "(D) a legislator from accepting travel and                                                               
             hospitality and reimbursement for reasonable                                                                   
             personal expenses incurred primarily for the purpose                                                           
             of solemnizing a marriage in their capacity as a                                                               
             legislator if all such gifts are disclosed to the Select                                                       
             Committee on Legislative Ethics."                                                                              
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 1 to Amendment No. 4 be adopted.                                                                                  
                                                                                                                                
Objection was heard and withdrawn. There being no further objection,                                                            
Amendment No. 1 to Amendment No. 4 was adopted.                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 4 as amended be                                                                       
adopted?"  The roll was taken with the following result:                                                                        
                                                                                                                                

2022-03-09                     House Journal                      Page 2049
CSHB 62(JUD) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 4 as amended                                                                                                      
                                                                                                                                
YEAS:  15   NAYS:  21   EXCUSED:  4   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Cronk, Eastman, Gillham, Kaufman, Kurka, LeBon, McCabe,                                                                  
McCarty, McKay, Rasmussen, Rauscher, Shaw, Tarr, Tilton, Vance                                                                  
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnson, Josephson, Kreiss-Tomkins, Merrick, Nelson,                                                                   
Ortiz, Patkotak, Schrage, Snyder, Spohnholz, Story, Stutes, Wool,                                                               
Zulkosky                                                                                                                        
                                                                                                                                
Excused:  Carpenter, Prax, Thompson, Tuck                                                                                       
                                                                                                                                
And so, Amendment No. 4 as amended was not adopted.                                                                             
                                                                                                                                
The Speaker stated that all further amendments to CSHB 62(JUD) am                                                               
must be submitted within fifteen minutes.                                                                                       
                                                                                                                                
Amendment No. 5 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 4, following line 17:                                                                                                      
    Insert a new bill section to read:                                                                                          
"* Sec. 2. AS 25.05.261(c) is amended to read:                                                                                
         (c)  Nothing in this section creates or implies a duty or                                                              
    obligation on a person authorized to solemnize a marriage under                                                             
    (a) [(a)(1), (3), OR (4)] of this section to solemnize any marriage."                                                   
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 5 be adopted.                                                                                                     
                                                                                                                                
Representative Josephson objected.                                                                                              
                                                                                                                                
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 62(JUD) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 5                                                                                                                 
                                                                                                                                
YEAS:  14   NAYS:  22   EXCUSED:  4   ABSENT:  0                                                                              
                                                                                                                                

2022-03-09                     House Journal                      Page 2050
Yeas:  Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon,                                                                 
McCabe, McKay, Nelson, Rauscher, Shaw, Tilton, Vance                                                                            
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Josephson, Kreiss-Tomkins, McCarty, Merrick, Ortiz,                                                                    
Patkotak, Rasmussen, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr,                                                           
Wool, Zulkosky                                                                                                                  
                                                                                                                                
Excused:  Carpenter, Prax, Thompson, Tuck                                                                                       
                                                                                                                                
And so, Amendment No. 5 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 6 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 4, following line 17:                                                                                                      
    Insert new bill sections to read:                                                                                           
"* Sec. 2. AS 25.05.261(a) is amended to read:                                                                                
         (a)  Marriages may be solemnized by any person in the state                                                        
             [(1)  BY A MINISTER, PRIEST, OR RABBI OF ANY                                                                       
    CHURCH OR CONGREGATION IN THE STATE, OR BY A                                                                                
    COMMISSIONED OFFICER OF THE SALVATION ARMY,                                                                                 
    OR BY THE PRINCIPAL OFFICER OR ELDER OF                                                                                     
    RECOGNIZED CHURCHES OR CONGREGATIONS THAT                                                                                   
    TRADITIONALLY DO NOT HAVE REGULAR MINISTERS,                                                                                
    PRIESTS, OR RABBIS, ANYWHERE WITHIN THE STATE;                                                                              
             (2)  BY A MARRIAGE COMMISSIONER OR                                                                                 
    JUDICIAL OFFICER OF THE STATE ANYWHERE WITHIN                                                                               
    THE JURISDICTION OF THE COMMISSIONER OR                                                                                     
    OFFICER;                                                                                                                    
             (3)  BEFORE OR IN ANY RELIGIOUS                                                                                    
    ORGANIZATION OR CONGREGATION ACCORDING TO                                                                                   
    THE ESTABLISHED RITUAL OR FORM COMMONLY                                                                                     
    PRACTICED IN THE ORGANIZATION OR                                                                                            
    CONGREGATION; OR                                                                                                            
             (4)  BY AN INDIVIDUAL HOLDING AN ELECTIVE                                                                          
    PUBLIC OFFICE IN THE STATE].                                                                                                
   * Sec. 3. AS 25.05.261(c) is amended to read:                                                                              
         (c)  Nothing in this section creates or implies a duty or                                                              
    obligation on a person authorized to solemnize a marriage under                                                             
    (a) [(a)(1), (3), OR (4)] of this section to solemnize any marriage."                                                   
                                                                                                                                

2022-03-09                     House Journal                      Page 2051
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 5, line 23:                                                                                                                
    Delete "AS 25.05.041(a)(3) and 25.05.041(a)(5)"                                                                             
    Insert "AS 22.15.100(3); AS 25.05.041(a)(3), 25.05.041(a)(5),                                                               
25.05.081, 25.05.281, and 25.05.371 are repealed."                                                                              
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 6 be adopted.                                                                                                     
                                                                                                                                
Representative Claman objected.                                                                                                 
                                                                                                                                
Amendment No. 1 to Amendment No. 6 was offered  by                                                                               
Representative Eastman:                                                                                                         
                                                                                                                                
Page 1, line 4 of the amendment following "person":                                                                         
 Insert "18 years of age or older"                                                                                          
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 1 to Amendment No. 6 be adopted.                                                                                  
                                                                                                                                
Representative Wool objected and withdrew the objection. There                                                                  
being no further objection Amendment No. 1 to Amendment No. 6                                                                   
was adopted.                                                                                                                    
                                                                                                                                
Representative Eastman rose to a point of order regarding the violation                                                         
of section 121 of Mason's Manual.                                                                                               
                                                                                                                                
The Speaker, citing precedence, ruled the point out of order.                                                                   
                                                                                                                                
Representative Eastman appealed the ruling of the chair.                                                                        
                                                                                                                                
The question being:  "Shall the ruling of the chair be sustained?"  The                                                         
roll was taken with the following result:                                                                                       
                                                                                                                                
Sustain Ruling of the Chair                                                                                                     
                                                                                                                                
YEAS:  21   NAYS:  14   EXCUSED:  4   ABSENT:  1                                                                              
                                                                                                                                
Yeas:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Patkotak,                                                                   
Rasmussen, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Wool,                                                               
Zulkosky                                                                                                                        
                                                                                                                                

2022-03-09                     House Journal                      Page 2052
Nays:  Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon,                                                                 
McCabe, McCarty, McKay, Nelson, Rauscher, Shaw, Tilton                                                                          
                                                                                                                                
Excused:  Carpenter, Prax, Thompson, Tuck                                                                                       
                                                                                                                                
Absent:  Vance                                                                                                                  
                                                                                                                                
And so, the ruling of the chair was sustained.                                                                                  
                                                                                                                                
The question being:  "Shall Amendment No. 6 as amended be                                                                       
adopted?"  The roll was taken with the following result:                                                                        
                                                                                                                                
CSHB 62(JUD) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 6 as amended                                                                                                      
                                                                                                                                
YEAS:  17   NAYS:  19   EXCUSED:  4   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon,                                                                 
McCabe, McCarty, McKay, Merrick, Nelson, Rasmussen, Rauscher,                                                                   
Shaw, Tilton, Vance                                                                                                             
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Josephson, Kreiss-Tomkins, Ortiz, Patkotak, Schrage,                                                                   
Snyder, Spohnholz, Story, Stutes, Tarr, Wool, Zulkosky                                                                          
                                                                                                                                
Excused:  Carpenter, Prax, Thompson, Tuck                                                                                       
                                                                                                                                
And so, Amendment No. 6 as amended was not adopted.                                                                             
                                                                                                                                
Amendment Nos. 7 and 8 were not offered.                                                                                        
                                                                                                                                
Amendment No. 9 was offered  by Representatives Rasmussen,                                                                       
Drummond, Snyder, Spohnholz, and Vance:                                                                                         
                                                                                                                                
Page 1, line 1: (title amendment)                                                                                               
    Delete "and"                                                                                                              
                                                                                                                                
Page 1, line 2, following "marriage":                                                                                         
    Insert "; and relating to consent to marriage"                                                                            
                                                                                                                                
Page 5, line 23:                                                                                                                
    Delete "and 25.05.041(a)(5)"                                                                                                
    Insert ", 25.05.041(a)(5), and 25.05.171(b)"                                                                                

2022-03-09                     House Journal                      Page 2053
Representative Rasmussen moved and asked unanimous consent that                                                                 
Amendment No. 9 be adopted.                                                                                                     
                                                                                                                                
Representative Eastman objected.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 9 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 62(JUD) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 9                                                                                                                 
                                                                                                                                
YEAS:  33   NAYS:  3   EXCUSED:  4   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham,                                                                
Hannan, Hopkins, Josephson, Kaufman, Kreiss-Tomkins, LeBon,                                                                     
McCabe, McCarty, McKay, Merrick, Nelson, Ortiz, Patkotak,                                                                       
Rasmussen, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story,                                                                   
Stutes, Tarr, Tilton, Vance, Wool, Zulkosky                                                                                     
                                                                                                                                
Nays:  Eastman, Johnson, Kurka                                                                                                  
                                                                                                                                
Excused:  Carpenter, Prax, Thompson, Tuck                                                                                       
                                                                                                                                
And so, Amendment No. 9 was adopted and the new title follows:                                                                  
                                                                                                                                
    CS FOR HOUSE BILL NO. 62(JUD) am                                                                                            
    "An Act relating to the Legislative Ethics Act; relating to                                                                 
    solemnization of marriage; and relating to consent to marriage."                                                           
                                                                                                                                
Representative Claman moved and asked unanimous consent that                                                                    
CSHB 62(JUD) am be considered engrossed, advanced to third                                                                      
reading, and placed on final passage.                                                                                           
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
CSHB 62(JUD) am will advance to third reading on the March 11                                                                   
calendar.