Legislature(2017 - 2018)BELTZ 105 (TSBldg)

04/11/2018 01:30 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 195 PF DIVIDEND FUND TRANSFERS;CRIMES;VICTIMS TELECONFERENCED
Heard & Held
+= SB 47 MOTOR VEHICLE DEALER FRANCHISES TELECONFERENCED
<Bill Hearing Canceled>
+= SJR 14 CONST. AM: PARENTAL CONSENT TO ABORTION TELECONFERENCED
<Bill Hearing Canceled>
+= HB 208 TRUSTS; COMM PROP TRUSTS; POWERS OF APPT TELECONFERENCED
<Bill Hearing Canceled>
+ SB 76 ALCOHOLIC BEVERAGE CONTROL; ALCOHOL REG TELECONFERENCED
Heard & Held
+= HJR 21 FEDS RESPECT STATE REG OF MARIJUANA TELECONFERENCED
Scheduled but Not Heard
+= HB 307 MILITARY JUSTICE & MILITIA CIVIL RELIEF TELECONFERENCED
Heard & Held
+= HB 44 LEGISLATIVE ETHICS: VOTING & CONFLICTS TELECONFERENCED
Scheduled but Not Heard
+ HB 20 SOLEMNIZE MARRIAGE: ELECTED OFFICIALS TELECONFERENCED
Heard & Held
Uniform Rule 23 Waived
+ SB 134 TERMINATION OF PARENTAL RTS;GUARDIANS TELECONFERENCED
Scheduled but Not Heard
Uniform Rule 23 Waived
          HB  20-SOLEMNIZE MARRIAGE: ELECTED OFFICIALS                                                                      
                                                                                                                                
3:49:42 PM                                                                                                                    
CHAIR  COGHILL  announced  the  consideration  of  HB  20.  [CSHB                                                               
20(JUD) was before the committee.]                                                                                              
                                                                                                                                
3:50:30 PM                                                                                                                    
SARA  PERMAN, Staff,  Representative  Matt  Claman, Alaska  State                                                               
Legislature, Juneau,  Alaska introduced  HB 20  on behalf  of the                                                               
sponsor reading the following statement:                                                                                        
                                                                                                                                
     In financially  challenging times  like we  face today,                                                                    
     I'm  reminded   that  part  of  our   role  as  elected                                                                    
     officials  is to  reduce red  tape and  make government                                                                    
     accessible  to the  public. In  introducing this  bill,                                                                    
     I'd like to make  marriage more easily accessible. This                                                                    
     bill  will   allow  couples  to  have   their  marriage                                                                    
     solemnized directly by elected  officials. It allows it                                                                    
     to be a  friendly face of government  while providing a                                                                    
     service to the public.  Being able to perform marriages                                                                    
     would be a privilege and  we'd be fortunate to have the                                                                    
     opportunity. Finally,  the bill  puts into  statute the                                                                    
     constitutional  principle  that religious  figures  and                                                                    
     others cannot be compelled to perform marriages.                                                                           
                                                                                                                                
     House  Bill  20  amends  Alaska marriage  code  to  add                                                                    
     language  that allows  marriages  to  be solemnized  by                                                                    
     elected officials in the state of Alaska.                                                                                  
                                                                                                                                
     Section 1  amends Alaska Statute  20.05.261(a) relating                                                                    
     to  who  may  solemnize   a  marriage.  Currently,  the                                                                    
     statute  only allows  for marriage  solemnization by  a                                                                    
     religious official  which includes  ministers, priests,                                                                    
     rabbis or commissioned officers  of the Salvation Army,                                                                    
     marriage   commissioner  or   judicial  officer   or  a                                                                    
     religious organization  or congregation. House  Bill 20                                                                    
     adds language to add to  the list an individual holding                                                                    
     an elective office in the state.                                                                                           
                                                                                                                                
     Section 2  adds a  new subsection  to the  same statute                                                                    
     that says that no  religious official, organization, or                                                                    
     elected   official  that   is  authorized   to  perform                                                                    
     marriages is obligated to do so.                                                                                           
                                                                                                                                
     Section 3 broadens the  circumstances covered by Alaska                                                                    
     Statute 25.05.281, marriage  by an unauthorized person.                                                                    
     If  a   person  falsely  claiming  to   be  an  elected                                                                    
     official, solemnizes  a marriage  and that  marriage is                                                                    
     consummated  on the  belief that  the individuals  have                                                                    
     been   lawfully   married,   the  marriage   is   still                                                                    
     considered valid.                                                                                                          
                                                                                                                                
     The  purpose   of  this  bill   is  to   make  marriage                                                                    
     accessible to all Alaskans.  We recognize that marriage                                                                    
     opens doors for people. There  are over 1,100 places in                                                                    
     federal laws  and programs where being  married expands                                                                    
     an   individual's   opportunities.  Examples   include:                                                                    
     access  to  health  care for  one's  spouse  or  having                                                                    
     eligibility  for  family  medical  leave.  Frankly,  we                                                                    
     believe  that this  bill is  a  family-first bill  that                                                                    
     allows  people to  receive  greater  benefits that  are                                                                    
     good for all Alaskans.                                                                                                     
                                                                                                                                
     Additionally,  House   Bill  20  also   allows  elected                                                                    
     officials to be good  stewards of government. It allows                                                                    
     elected  officials to  interact on  a one-on-one  basis                                                                    
     with constituents,  providing a service that  will have                                                                    
     a  lasting  impact   on  constituents'  lives.  Whereas                                                                    
     couples can currently have  anyone solemnize a marriage                                                                    
     through a  marriage commissioner appointment,  there is                                                                    
     a  $25  fee and  the  process  can be  time  consuming.                                                                    
     Having  an   elected  official  available   provides  a                                                                    
     simple,  cost-free  outlet.  This  may  also  apply  to                                                                    
     couples  who may  not be  affiliated with  a particular                                                                    
     religious organization.  They would be able  to have an                                                                    
     elected official  perform their wedding  without having                                                                    
     to go through  the process of arranging  for a marriage                                                                    
     commissioner  appointment.  In  smaller town  or  rural                                                                    
     areas with limited resources,  this change provides one                                                                    
     more  outlet for  marriage solemnization.  For example,                                                                    
     if a couple  in a remote Alaskan village are  set to be                                                                    
     married and  the minister becomes ill,  the mayor could                                                                    
     step in on short notice.                                                                                                   
                                                                                                                                
     With that,  I'll stress nothing  in this  bill mandates                                                                    
     the  elected  officials  must solemnize  marriage.  And                                                                    
     I'll  also  note  that the  Department  of  Health  and                                                                    
     Social  Services has  assigned  a zero  fiscal note  to                                                                    
     this bill.  This bill actually  may remove  the expense                                                                    
     of citizens who otherwise pay  a $25 fee for a marriage                                                                    
     commissioner appointment.                                                                                                  
                                                                                                                                
3:54:00 PM                                                                                                                    
SENATOR SHOWER asked  her to clarify the  provision regarding the                                                               
validity of a marriage solemnized by an unauthorized person.                                                                    
                                                                                                                                
MS. PERMAN  said her understanding is  that if a person  does not                                                               
have the authority  to conduct a marriage but  the people getting                                                               
married were  unaware of  that fact, the  state would  accept the                                                               
marriage  as  valid once  it  was  consummated. That  is  current                                                               
statute  and   the  bill  adds  elected   officials.  If  someone                                                               
erroneously believed  an individual  was an elected  official and                                                               
had  the  authority  to  perform  a  marriage,  the  state  would                                                               
recognize that marriage once it was consummated.                                                                                
                                                                                                                                
CHAIR  COGHILL  noted the  ongoing  debate  about who  should  be                                                               
allowed to marry,  and expressed appreciation that  the bill does                                                               
not create a duty or obligation to perform a marriage.                                                                          
                                                                                                                                
3:56:01 PM                                                                                                                    
MS.  PERMAN advised  that the  bill is  in response  to the  2015                                                               
Supreme  Court  ruling  that the  First  Amendment  ensures  that                                                               
religious organizations  and persons are given  proper protection                                                               
to decline to perform a marriage.                                                                                               
                                                                                                                                
CHAIR   COGHILL   asked   the  court   representative   if   that                                                               
interpretation was correct.                                                                                                     
                                                                                                                                
UNIDENTIFIED PERSON  in the audience  confirmed that  judges must                                                               
marry people.                                                                                                                   
                                                                                                                                
CHAIR COGHILL  summarized that court officials  must marry people                                                               
but everyone else may marry people.                                                                                             
                                                                                                                                
3:57:00 PM                                                                                                                    
CHAIR COGHILL held HB 20 for future consideration.                                                                              

Document Name Date/Time Subjects
HB 20 - Sectional Summary (ver. O).pdf SJUD 4/11/2018 1:30:00 PM
HB 20
HB 20 - Sponsor Statement.pdf SJUD 4/11/2018 1:30:00 PM
HB 20
HB 20 - Summary of Changes.pdf SJUD 4/11/2018 1:30:00 PM
HB 20
HB 20 - Letter of Opposition - Alaska Family Action.pdf SJUD 4/11/2018 1:30:00 PM
HB 20
HB 20 - Letter of Support - Alaskans Together for Equality.pdf SJUD 4/11/2018 1:30:00 PM
HB 20
HB 20 - Letter of Support - Alaska Family Council.pdf SJUD 4/11/2018 1:30:00 PM
HB 20
HB 20 - Letter of Support - Martin Eldridge.pdf SJUD 4/11/2018 1:30:00 PM
HB 20
HB 20 - Letters of Support - Various Emails.pdf SJUD 4/11/2018 1:30:00 PM
HB 20
SB 76 - Summary of Changes (ver. T to ver. M).pdf SJUD 4/11/2018 1:30:00 PM
SB 76
SB 76 - Sectional Summary (ver. M).PDF SJUD 4/11/2018 1:30:00 PM
SB 76
SB 76 - Sponsor Statement.pdf SJUD 4/11/2018 1:30:00 PM
SB 76
SB 76 - Supporting Documents - Letters of Support.pdf SJUD 4/11/2018 1:30:00 PM
SB 76
SB 76 - Supporting Document - Population Limits March 2018.pdf SJUD 4/11/2018 1:30:00 PM
SB 76
SB 76 - Support Document - Public Convenience Fact Sheet.pdf SJUD 4/11/2018 1:30:00 PM
SB 76
SB 76 - Presentation - Senate JUD.pdf SJUD 4/11/2018 1:30:00 PM
SB 76
SB 195 - Sectional Summary (ver. A).pdf SJUD 4/11/2018 1:30:00 PM
SB 195
SB 195 - Sponsor Statement.pdf SJUD 4/11/2018 1:30:00 PM
SB 195
SB 195 - Supporting Document - Criminal Fund Use Over the Years With Percentages.pdf SJUD 4/11/2018 1:30:00 PM
SB 195
SB 195 - Supporting Document - Difference Between Restitution and Compensation.pdf SJUD 4/11/2018 1:30:00 PM
SB 195
SB 195 - Supporting Document - FY14 Felons Memo.pdf SJUD 4/11/2018 1:30:00 PM
SB 195
SB 195 - Supporting Document - FY15 Felons Memo.pdf SJUD 4/11/2018 1:30:00 PM
SB 195
SB 195 - Supporting Document - FY16 Felons Memo.pdf SJUD 4/11/2018 1:30:00 PM
SB 195
SB 195 - Supporting Document - FY17 Felons Memo.pdf SJUD 4/11/2018 1:30:00 PM
SB 195
SB 195 - Supporting Document - FY18 Felons Memo.pdf SJUD 4/11/2018 1:30:00 PM
SB 195
SB 195 - Supporting Document - HB 245 from 1988.pdf SJUD 4/11/2018 1:30:00 PM
HB 245
SB 195
SB 195 - Supporting Document - PowerPoint Presentation.pdf SJUD 4/11/2018 1:30:00 PM
SB 195
SB 195 - Supporting Document - Restitution Statistics from ACS.pdf SJUD 4/11/2018 1:30:00 PM
SB 195
SB 195 - Supporting Document - Victim Restitution Funds Update Research.pdf SJUD 4/11/2018 1:30:00 PM
SB 195
SB 195 - Supporting Document - Victim Restitution Reform in Other States Research.pdf SJUD 4/11/2018 1:30:00 PM
SB 195