03/06/2018 03:15 PM House STATE AFFAIRS

          HB 310-MARRIAGE AND MINIMUM AGE FOR MARRIAGE                                                                      
                                                                                                                              
3:27:37 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that  the next order  of business                                                               
would be HOUSE BILL NO. 310,  "An Act relating to the minimum age                                                               
of eligibility for marriage."                                                                                                   
                                                                                                                                
3:28:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON mentioned  that  her  marriage would  not                                                               
have been allowed  under the proposed legislation.   She referred                                                               
to page 1,  line 8, of HB 310, requiring  marriage partners to be                                                               
18 years  of age or older  and otherwise capable.   She asked for                                                               
an explanation of "otherwise capable."                                                                                          
                                                                                                                                
3:29:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MATT  CLAMAN, Alaska  State Legislature,  as prime                                                               
sponsor of  HB 310, answered that  he believed that phrase  to be                                                               
in existing statute and not new language.                                                                                       
                                                                                                                                
REPRESENTATIVE  JOHNSON   referred  to   page  1,   lines  11-12,                                                               
exempting a member  of the U.S. Armed Force  from the requirement                                                               
to be  18 years  of age  or older or  emancipated to  be married.                                                               
She asked  whether a member of  the national guard would  also be                                                               
exempt.                                                                                                                         
                                                                                                                                
REPRESENTATIVE CLAMAN replied  that he did not know.   He offered                                                               
that a  person under 18 years  of age can only  join the military                                                               
if he/she has parental consent.                                                                                                 
                                                                                                                                
REPRESENTATIVE JOHNSON pointed out  that the proposed legislation                                                               
specifies  the  U.S. military;  she  asked  whether the  national                                                               
guard is part of the U.S. military.                                                                                             
                                                                                                                                
REPRESENTATIVE CLAMAN answered  that he did not  believe that the                                                               
national guard was part of U.S. military.                                                                                       
                                                                                                                                
REPRESENTATIVE JOHNSON  asked whether someone in  the [U.S. Army]                                                               
Reserve  would  be  exempt and  suggested  another  scenario  for                                                               
consideration  - one  person  [in the  marriage]  is active  duty                                                               
military, but the other person is a civilian.                                                                                   
                                                                                                                                
3:31:33 PM                                                                                                                    
                                                                                                                                
CERI  GODINEZ, Staff,  Representative Matt  Claman, Alaska  State                                                               
Legislature, on  behalf of  Representative Claman,  prime sponsor                                                               
of HB 310,  relayed that for the member of  the U.S. Armed Forces                                                               
to  marry, the  other  person must  be either  18  years of  age,                                                               
emancipated, or  also in the  U.S. Armed  Forces.  The  member of                                                               
the U.S. Armed  Forces could not marry a civilian  under 18 years                                                               
of age unless that person was emancipated.                                                                                      
                                                                                                                                
REPRESENTATIVE JOHNSON referred to page  1, line 4, in which "one                                                               
man and one woman" would  be replaced with "two natural persons";                                                               
she asked for a definition of "natural person."                                                                                 
                                                                                                                                
MS. GODINAZ replied that Legislative  Legal and Research Services                                                               
recommended  the substitution  to make  the statute  [comply with                                                               
the Alaska and U.S. Constitutions].                                                                                             
                                                                                                                                
REPRESENTATIVE JOHNSON  suggested that there is  a definition for                                                               
"natural persons."                                                                                                              
                                                                                                                                
REPRESENTATIVE  CLAMAN  responded that  he  was  not aware  of  a                                                               
definition for "natural persons" in Alaska statute.                                                                             
                                                                                                                                
REPRESENTATIVE JOHNSON  offered that  "natural person"  may refer                                                               
to how someone is  born and asked for more clarity  in the use of                                                               
the term.                                                                                                                       
                                                                                                                                
3:34:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  mentioned  that  emancipation  is  a  legal                                                               
action; he  asked whether there  is a parental  permission clause                                                               
in statute  giving a minor  permission to marry with  the consent                                                               
of his/her parents, or whether  that clause had been removed from                                                               
statute.                                                                                                                        
                                                                                                                                
MS.  GODINAZ  replied  that  to be  emancipated,  a  minor  needs                                                               
parental consent unless the  parents are unreasonably withholding                                                               
their consent  or cannot be  reached.   She added that  the minor                                                               
would also need judicial approval.                                                                                              
                                                                                                                                
REPRESENTATIVE  WOOL asked  whether the  consent for  marriage is                                                               
linked to emancipation or can be separate.                                                                                      
                                                                                                                                
MS.  GODINEZ responded  that  under HB  310,  parents would  give                                                               
their consent in  court to the emancipation; the  only reason for                                                               
no  parental   consent  in  this   instance,  is  if   they  were                                                               
unreasonably withholding it.                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  expressed her understanding that  a minor                                                               
must go to court for an  emancipation and if underage, would need                                                               
an attorney.   She referred  to her  own situation by  saying, "I                                                               
know  I  wouldn't  have  ... even  pursued  emancipation  out  of                                                               
respect  for  my  parents."    She suggested  that  it  would  be                                                               
unfortunate to require emancipation for marriage.                                                                               
                                                                                                                                
CHAIR KREISS-TOMKINS announced that HB 310 would be held over.