Legislature(2017 - 2018)BUTROVICH 205

04/03/2018 03:30 PM STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 3:45 p.m. --
*+ SB 118 DISCLOSURE OF CUSTOMER INFORMATION TELECONFERENCED
Heard & Held
-- Public Testimony --
+ HB 96 TAXES;DEDUCTIONS;FEES;TAX STAMP DISCOUNT TELECONFERENCED
Heard & Held
-- Public Testimony --
+ HB 168 REPEAL ADMIN. REG. REVIEW COMMITTEE TELECONFERENCED
Moved HB 168 Out of Committee
-- Public Testimony --
+ HCR 10 UNIFORM RULES: REGULATION REVIEW TELECONFERENCED
Moved HCR 10 Out of Committee
-- Public Testimony --
+ HB 20 SOLEMNIZE MARRIAGE: ELECTED OFFICIALS TELECONFERENCED
Moved CSHB 20(JUD) Out of Committee
-- Public Testimony --
+ HB 152 ORGANIZED MILITIA; AK ST. DEFENSE FORCE TELECONFERENCED
Scheduled but Not Heard
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
          HB 20-SOLEMNIZE MARRIAGE: ELECTED OFFICIALS                                                                       
                                                                                                                                
4:42:54 PM                                                                                                                    
CHAIR  MEYER announced  the consideration  of House  Bill 20  (HB                                                               
20).                                                                                                                            
                                                                                                                                
4:43:23 PM                                                                                                                    
REPRESENTATIVE  MATT CLAMAN,  Alaska  State Legislature,  Juneau,                                                               
Alaska, sponsor of HB 20, provided an overview as follows:                                                                      
                                                                                                                                
     In  financially challenging  times  like  we face,  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  would like to                                                                    
     make  marriage more  easily accessible.  The bill  will                                                                    
     allow  couples   to  have  their   marriage  solemnized                                                                    
     directly by elected officials.                                                                                             
                                                                                                                                
He noted  that "elected officials" includes  mayors, school board                                                               
members,  anyone  that has  been  elected  to public  office.  He                                                               
specified the  bill will allow  elected officials to  perform the                                                               
marriages without  making couples  go down  to the  courthouse to                                                               
get  a marriage  commissioner's license.  He said  the bill  will                                                               
allow public  officials to be  the "friendly face  of government"                                                               
while  providing a  service to  the public.  He added  that being                                                               
allowed to  perform a marriage  would be a privilege  and elected                                                               
officials  would   be  fortunate  to  have   the  opportunity  to                                                               
solemnize a  marriage from time  to time.  He said the  bill puts                                                               
into statute the constitutional  principle that religious figures                                                               
and others cannot be compelled to perform a marriage ceremony.                                                                  
                                                                                                                                
4:44:44 PM                                                                                                                    
SARA   PERMAN,  Staff,   Representative   Claman,  Alaska   State                                                               
Legislature, Juneau,  Alaska, provided an overview  and sectional                                                               
analysis of HB 20.                                                                                                              
                                                                                                                                
     HB  20 amends  Alaska's marriage  code to  add language                                                                    
     that allows  for marriages to be  solemnized by elected                                                                    
     officials of the  State of Alaska. Section  1 amends AS                                                                    
     25.05.261(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,   a  marriage   commissioner  or                                                                    
     judicial  officer,  or  before   or  in  any  religious                                                                    
     organization or  congregation. HB  20 adds  language to                                                                    
     add  to  the  list  an individual  holding  an  elected                                                                    
     public office in the state.                                                                                                
                                                                                                                                
     Section 2  adds a  new subsection  to the  same statute                                                                    
     that  says,  "No  religious official,  organization  or                                                                    
     elected official  that is  authorized for  marriages is                                                                    
     obligated  to   do  so."  AS  25.05.281   which  allows                                                                    
     marriages   solemnized   by  an   unauthorized   person                                                                    
     professing to  be authorized is to  be considered valid                                                                    
     as amended in section 3  to include language that reads                                                                    
     that  marriages solemnized  by an  elected official  is                                                                    
     considered valid  whereas someone  professing to  be an                                                                    
     elected official.                                                                                                          
                                                                                                                                
     The  purpose   of  this  bill   is  to   make  marriage                                                                    
     accessible to all Alaskans.  We recognize that marriage                                                                    
     opens  doors  for  many people.  There  are  over  1100                                                                    
     places in  federal laws and programs  for being married                                                                    
     expands   an   individual's   opportunities,   examples                                                                    
     include  access  to  healthcare  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,  HB 20  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  has a  lasting                                                                    
     impact  on  constituents'  lives. Whereas  couples  can                                                                    
     currently  have  anyone  solemnize marriage  through  a                                                                    
     marriage  commissioner appointment,  there's a  $25 fee                                                                    
     and  the  process  can be  time  consuming.  Having  an                                                                    
     elected  official available  provides simplified  cost-                                                                    
     free outlet.                                                                                                               
                                                                                                                                
     This amendment  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  towns or  rural                                                                    
     area with  limited resources, this change  provides one                                                                    
     more  outlet for  marriage solemnization;  for example,                                                                    
     if a  couple in a  remote Alaska  village is set  to be                                                                    
     married and  the minister becomes ill,  the mayor could                                                                    
     step-in in short notice.                                                                                                   
                                                                                                                                
     With  that,  I'll  stress that  nothing  in  this  bill                                                                    
     mandates   that   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  removes  an                                                                    
     expense to citizens  who would otherwise pay  a $25 fee                                                                    
     for a marriage commissioner appointment.                                                                                   
                                                                                                                                
4:47:45 PM                                                                                                                    
SENATOR   COGHILL  disclosed   that  he   has  been   a  marriage                                                               
commissioner  and  noted that  paperwork  involved.  He asked  if                                                               
paperwork would be required for elected officials as well.                                                                      
                                                                                                                                
REPRESENTATIVE CLAMAN  answered no. He explained  that an elected                                                               
official's marriage solemnization procedure  would be like others                                                               
that  are  identified  that  can  perform  marriages  such  as  a                                                               
Salvation Army  officer. He explained  that part of the  point is                                                               
that somebody could  call up an elected official  on short notice                                                               
to perform the ceremony.                                                                                                        
                                                                                                                                
SENATOR COGHILL  asked what documentation  would be  required for                                                               
the marriage ceremony.                                                                                                          
                                                                                                                                
4:48:56 PM                                                                                                                    
REPRESENTATIVE CLAMAN replied as follows:                                                                                       
                                                                                                                                
     The  marriage license  itself that  when somebody  gets                                                                    
     married  now  would be  somebody  that  has a  marriage                                                                    
     commissioners  license  or  judge,  or  minister  would                                                                    
     actually  sign  the  form  that  the  marriage  license                                                                    
     saying this is the day they got married.                                                                                   
                                                                                                                                
SENATOR COGHILL asked to confirm  that the process Representative                                                               
Claman explained would be up to the couple.                                                                                     
                                                                                                                                
REPRESENTATIVE  CLAMAN answered  right, but  the signature  would                                                               
come from the elected official that indicated who they are.                                                                     
                                                                                                                                
SENATOR COGHILL  explained that his  intent was to learn  how the                                                               
practically played  out as far  as signing the  solemnization. He                                                               
asked  to confirm  that the  signature  would be  on the  license                                                               
document. He noted  that the license document is  what the couple                                                               
applies for.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN answered  correct. He  explained that  the                                                               
bill would  not remove the  need for a  couple to get  a marriage                                                               
license.                                                                                                                        
                                                                                                                                
CHAIR  MEYER   asked  to  confirm  that   elected  officials  can                                                               
currently perform marriages without passing the bill.                                                                           
                                                                                                                                
REPRESENTATIVE CLAMAN answered correct  but noted that either the                                                               
elected official  or couple would  have to  stand in line  to get                                                               
the marriage license.                                                                                                           
                                                                                                                                
4:50:43 PM                                                                                                                    
CHAIR MEYER asked if the process can be done online.                                                                            
                                                                                                                                
REPRESENTATIVE CLAMAN replied that he did not know.                                                                             
                                                                                                                                
MS.  PERMAN  referenced  an  email  from  Nancy  Meade,  [general                                                               
counsel for  the Alaska Court  System], that addressed  a similar                                                               
question from a previous committee hearing as follows:                                                                          
                                                                                                                                
     You asked  whether the marriage  commissioner applicant                                                                    
     must  be physically  at  the court  counter  to get  an                                                                    
     appointment  order.   No,  this   may  vary   by  court                                                                    
     location, but  in Anchorage and  Juneau for  example, I                                                                    
     learn  that they  even process  applications that  they                                                                    
     receive  in the  mail  if signed,  and  the couple  can                                                                    
     bring   the  signed   form  without   the  commissioner                                                                    
     applicant present,  I believe  that is true  for nearly                                                                    
     all Alaska courts.                                                                                                         
                                                                                                                                
CHAIR  MEYER asked  if former  elected officials  can perform  or                                                               
does the bill apply to current elected officials.                                                                               
                                                                                                                                
REPRESENTATIVE  CLAMAN answered  that  the bill  only applies  to                                                               
elected officials that are currently serving.                                                                                   
                                                                                                                                
CHAIR MEYER asked to confirm that  the bill would only pertain to                                                               
the State of Alaska and that a  person could not go to Oregon for                                                               
their marriage.                                                                                                                 
                                                                                                                                
REPRESENTATIVE CLAMAN answered no, the bill applies to Alaska.                                                                  
                                                                                                                                
SENATOR WILSON asked Representative  Claman to address the bill's                                                               
current  version  where  version  J was  amended  to  delete  the                                                               
language about  an individual holding  elected public  office may                                                               
refuse to solemnize a marriage for any reason.                                                                                  
                                                                                                                                
4:54:04 PM                                                                                                                    
REPRESENTATIVE  CLAMAN  explained  that  section  2  in  the  "O"                                                               
version clarifies as follows:                                                                                                   
                                                                                                                                
     When three  of the  four categories of  individuals can                                                                    
     be   compelled  to   perform  a   marriage,  the   only                                                                    
     individual  that  could  be   compelled  to  perform  a                                                                    
     marriage  would be  members of  the judiciary  and they                                                                    
     recognize that that's part of their job.                                                                                   
                                                                                                                                
SENATOR  WILSON asked  why the  change in  the language  from the                                                               
previous version.                                                                                                               
                                                                                                                                
REPRESENTATIVE  CLAMAN explained  that the  final version  of the                                                               
bill expands  the group of  people who  can decline to  perform a                                                               
marriage for whatever reason.                                                                                                   
                                                                                                                                
SENATOR WILSON  asked what  would occur  if the  mayor of  a city                                                               
performed  marriages for  a  fee  at city  hall  but declined  to                                                               
perform marriages to certain individuals.                                                                                       
                                                                                                                                
REPRESENTATIVE CLAMAN replied as follows:                                                                                       
                                                                                                                                
     It's  a  two-part answer,  if  the  mayor went  into  a                                                                    
     business as  you described  of performing  marriages in                                                                    
     city hall,  then I  think you  would have  issues about                                                                    
     public  access to  city hall  and so  in that  specific                                                                    
     instance  you   might  run  into  a   more  complicated                                                                    
     question.  On   the  other  hand,  if   the  mayor  was                                                                    
     performing marriages in his backyard  and he had a nice                                                                    
     garden and was  doing it in his garden and  it wasn't a                                                                    
     public  facility in  anyway,  then  this statute  would                                                                    
     allow the mayor  to say, "I'm not going to  marry a gay                                                                    
     couple, I'm  not going to marry  an interracial couple,                                                                    
     I'm not  going to marry  whoever," you could  make that                                                                    
     choice but I  think if it's going on in  city hall then                                                                    
     I think you'll have a little different question.                                                                           
                                                                                                                                
4:56:37 PM                                                                                                                    
CHAIR MEYER commented as follows:                                                                                               
                                                                                                                                
     My  overall  first  opinion  of   this  was  that  it's                                                                    
     definitely an  honor and a  privilege to be  an elected                                                                    
     official  and have  people trust  us to  vote on  their                                                                    
     behalf.  I almost  think this  is putting  us now  in a                                                                    
     different class  than other folks because  now we don't                                                                    
     have to stand  in line, we don't have to  go to the web                                                                    
     and pay the fee and all  that. Are we kind of elevating                                                                    
     ourselves in status by doing something like this?                                                                          
                                                                                                                                
REPRESENTATIVE  CLAMAN replied  that he  did not  think the  bill                                                               
would elevate public  officials. He noted that he  has heard from                                                               
several  people   that  they  would  appreciate   having  elected                                                               
officials solemnize marriages as part of their public service.                                                                  
                                                                                                                                
CHAIR  MEYER noted  that  no one  has asked  him  to solemnize  a                                                               
marriage.                                                                                                                       
                                                                                                                                
SENATOR  WILSON asked  if  the legislation  has  gone through  an                                                               
ethics review to  verify whether an elected official  can be paid                                                               
for solemnizing marriages.                                                                                                      
                                                                                                                                
REPRESENTATIVE  CLAMAN conceded  that  the topic  of one  getting                                                               
paid had  never crossed his  mind. He  pointed out that  the bill                                                               
does not  authorize a person to  get paid and noted  that payment                                                               
would  raise a  question related  to ethics  issues. He  remarked                                                               
that if someone  were to ask him to solemnize  a marriage that he                                                               
would not  ask to  be paid.  He said he  suspected to  the extent                                                               
that if  somebody did  want to  get paid  that the  request would                                                               
need to go to ethic analysis.                                                                                                   
                                                                                                                                
CHAIR MEYER remarked  that he was under the  same impression that                                                               
public officials  would do  the service for  free if  someone had                                                               
enough trust and respect to ask.                                                                                                
                                                                                                                                
SENATOR  EGAN disclosed  that he  had solemnized  three marriages                                                               
and his payment was "champagne and wedding cake."                                                                               
                                                                                                                                
5:00:43 PM                                                                                                                    
CHAIR MEYER  opened public  testimony and noted  that no  one had                                                               
requested to testify.  He asked to confirm that  the amended bill                                                               
had a change in opinion from the Alaska Family Council.                                                                         
                                                                                                                                
MS. PERMAN answered correct.                                                                                                    
                                                                                                                                
5:01:49 PM                                                                                                                    
CHAIR MEYER closed public testimony. He noted that he has                                                                       
reviewed submitted testimony and the comments on the bill have                                                                  
been favorable. He added that the bill has a zero fiscal note.                                                                  
                                                                                                                                
5:02:07 PM                                                                                                                    
SENATOR GIESSEL moved to report CSHB 20(JUD), version 30-                                                                       
LS0242\O from committee with individual recommendations and                                                                     
attached zero fiscal note.                                                                                                      
                                                                                                                                
5:02:18 PM                                                                                                                    
CHAIR MEYER announced there being no objection, the motion                                                                      
carried.                                                                                                                        

Document Name Date/Time Subjects
SB 118 Sponsor Statement.pdf SSTA 4/3/2018 3:30:00 PM
SB 118
SB 118 Version D.PDF SSTA 4/3/2018 3:30:00 PM
SB 118
SB 118 Sectional Analysis.pdf SSTA 4/3/2018 3:30:00 PM
SB 118
SB 118 Support Material - Americans and Cybersecurity - Pew Research Center.pdf SSTA 4/3/2018 3:30:00 PM
SB 118
SB 118 Support Material - Data Brokers-Companies Are Buying, Sharing Your Online Info-All Tech Considered - NPR.pdf SSTA 4/3/2018 3:30:00 PM
SB 118
SB 118 Opposition Letter SPSC.pdf SSTA 4/3/2018 3:30:00 PM
SB 118
SB 118 Support Material - Marketing Dataveillance and Digital Privacy- Ashworth and Free.pdf SSTA 4/3/2018 3:30:00 PM
SB 118
SB 118 Support Material - Right to Know Act -ACLU of Northern CA.pdf SSTA 4/3/2018 3:30:00 PM
SB 118
SB 118 Support Material - When Companies Sell Customer Information Gathered Through the Internet- Henderson.pdf SSTA 4/3/2018 3:30:00 PM
SB 118
SB 118 Fiscal Note.pdf SSTA 4/3/2018 3:30:00 PM
SB 118
HB 96 Sponsor Statement ver D 2.28.18.pdf SSTA 4/3/2018 3:30:00 PM
HB 96
HB 96 Version D.PDF SSTA 4/3/2018 3:30:00 PM
HB 96
HB 96 Supporting Documents Statutes Repealed by HB 96 2.20.18.pdf SSTA 4/3/2018 3:30:00 PM
HB 96
HB 96 Supporting Documents IE HFIN DOR Subcommitee Report 2.12.18.pdf SSTA 4/3/2018 3:30:00 PM
HB 96
HB 96 Fiscal Note3.OMB2476.pdf SSTA 4/3/2018 3:30:00 PM
HB 96
HB 96 Fiscal Note 2.OMB2808.pdf SSTA 4/3/2018 3:30:00 PM
HB 96
HB 96 Fiscal Note 1.OMB2360.pdf SSTA 4/3/2018 3:30:00 PM
HB 96
HB 168 Version A.PDF SSTA 4/3/2018 3:30:00 PM
HB 168
HB 168 Sponsor Statement-2018.pdf SSTA 4/3/2018 3:30:00 PM
HB 168
HB 168-Sectional Analysis-2018.pdf SSTA 4/3/2018 3:30:00 PM
HB 168
HB 168 Version A.PDF SSTA 4/3/2018 3:30:00 PM
HB 168
HB 168 Fiscal Note.pdf SSTA 4/3/2018 3:30:00 PM
HB 168
HCR 10 Version A.PDF SSTA 4/3/2018 3:30:00 PM
HCR 10
HCR 10-Sponsor Statement-2018.pdf SSTA 4/3/2018 3:30:00 PM
HCR 10
HCR 10 Uniform Rule 20-2018.pdf SSTA 4/3/2018 3:30:00 PM
HCR 10
HCR 10 Fiscal Note.pdf SSTA 4/3/2018 3:30:00 PM
HCR 10
HB 20 Sponsor Statement.pdf SSTA 4/3/2018 3:30:00 PM
HB 20
HB 20 Version O.PDF SSTA 4/3/2018 3:30:00 PM
HB 20
HB 20 Summary of Changes.pdf SSTA 4/3/2018 3:30:00 PM
HB 20
HB 20 Letters of Support - Various Emails.pdf SSTA 4/3/2018 3:30:00 PM
HB 20
HB 20 Letter of Support - Martin Eldridge.pdf SSTA 4/3/2018 3:30:00 PM
HB 20
HB 20 Letter of Support - Alaskans Together for Equality.pdf SSTA 4/3/2018 3:30:00 PM
HB 20
HB 20 Letter of Support - Alaska Family Council.pdf SSTA 4/3/2018 3:30:00 PM
HB 20
HB 20 Letter of Opposition - Alaska Family Action.pdf SSTA 4/3/2018 3:30:00 PM
HB 20
HB 20 Fiscal Note.pdf SSTA 4/3/2018 3:30:00 PM
HB 20
HB152 ver N Sponsor Statement.pdf SSTA 4/3/2018 3:30:00 PM
SSTA 4/5/2018 3:30:00 PM
HB 152
HB 152 Version N.PDF SSTA 4/3/2018 3:30:00 PM
SSTA 4/5/2018 3:30:00 PM
HB 152
HB152 Memo of Changes 3.20.18.pdf SSTA 4/3/2018 3:30:00 PM
SSTA 4/5/2018 3:30:00 PM
HB 152
HB152 Additional Documents-DMVA Letter and bill info 3.19.18.pdf SSTA 4/3/2018 3:30:00 PM
SSTA 4/5/2018 3:30:00 PM
HB 152
HB152 Supporting Document-DMVA Letter and Sectional 3.19.18.pdf SSTA 4/3/2018 3:30:00 PM
SSTA 4/5/2018 3:30:00 PM
HB 152
HB152 Opposing Document-Letter Lawrence Wood 3.19.18.pdf SSTA 4/3/2018 3:30:00 PM
SSTA 4/5/2018 3:30:00 PM
HB 152
HB 152 Fiscal Note.pdf SSTA 4/3/2018 3:30:00 PM
SSTA 4/5/2018 3:30:00 PM
HB 152
SB 118 Opposition Letter Data and Marketing.pdf SSTA 4/3/2018 3:30:00 PM
SB 118
SB 118 Testimony Digital Privacy Alliance.pdf SSTA 4/3/2018 3:30:00 PM
SB 118
SB 118 Opposition Letter Data and Marketing.pdf SSTA 4/3/2018 3:30:00 PM
SB 118
HB 20 Letter of Support Alaska Family Action.pdf SSTA 4/3/2018 3:30:00 PM
HB 20