Legislature(2017 - 2018)GRUENBERG 120
02/16/2017 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB3 | |
| HB20 | |
| HCR5 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 20 | TELECONFERENCED | |
| *+ | HCR 5 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 3 | TELECONFERENCED | |
HB 20-SOLEMNIZE MARRIAGE: ELECTED OFFICIALS
3:11:37 PM
CHAIR KREISS-TOMKINS announced that the next order of business
would be HOUSE BILL NO. 20, "An Act relating to marriage
solemnization; and authorizing elected public officials in the
state to solemnize marriages."
3:13:47 PM
REPRESENTATIVE MATT CLAMAN, Alaska State Legislature, introduced
HB 20, as prime sponsor. He stated that in financially
challenging times, the elected officials of the Alaska State
Legislature have a role in reducing "red tape" and making
government accessible to the public. He asserted that his
intent for introducing HB 20 is to make marriage more
accessible. He relayed that HB 20 would allow couples to have
their marriages solemnized directly by elected officials. He
said that performing marriage ceremonies is a privilege, and he
expressed that elected officials would be fortunate to have that
opportunity.
3:14:30 PM
SARA PERMAN, Staff, Representative Matt Claman, Alaska State
Legislature, presented HB 20 on behalf of Representative Claman,
prime sponsor. She stated that HB 20 would amend two statutes
within the Alaska Marriage Code, and the changes would allow
marriages to be solemnized by elected officials of the State of
Alaska. She relayed that Section 1 of HB 20 would amend AS
25.05.261(a), which relates to who may solemnize a marriage.
She said that currently the statute reads that a marriage may be
solemnized by: a minister, priest, or rabbi [of any church or
congregation in the state]; a commissioned officer of the
Salvation Army; a marriage commissioner or judicial officer of
the state; or before or in any religious organization or
congregation. She said that HB 20 would change the statute to
include individuals holding elected office in the State of
Alaska. She went on to say that Section 2 of HB 20 would amend
the statute to specify that a marriage solemnized by an elected
official is considered valid.
MS. PERMAN stated that the purpose of HB 20 is to make marriage
accessible for all Alaskans. She maintained that [the
institution of] marriage "opens several doors," including access
to healthcare and eligibility for family medical leave. She
said that there are over 1,100 places in federal law, relating
to programs, where being married "really makes a difference."
She relayed that the sponsor believes HB 20 to be a "family
first" bill, and it allows people to receive better benefits,
which is good for all Alaskans. She offered that HB 20 would
allow elected officials to be good stewards of government. She
added that it would encourage elected officials to interact on a
one-on-one basis with constituents, providing a service that has
a long-lasting impact on them. She conceded that the Alaska
Marriage Code currently allows anyone to apply for a marriage
commissioner appointment; however, there is a $25 fee; it
requires application for a marriage license with the Department
of Health and Social Services (DHSS); and it requires
application for the marriage commissioner appointment with the
Alaska Court System. She maintained that HB 20 would simplify
the process.
MS. PERMAN offered that HB 20 would be advantageous to couples
not affiliated with a particular religious institution. They
would be able to ask an elected official [to solemnize their
marriage] rather than have to [ask someone to] apply for a
marriage commissioner appointment. She concluded that HB 20
would make a real difference in small towns or rural areas with
somewhat limited resources by allowing a couple the option of
asking an elected official to conduct a marriage ceremony.
MS. PERMAN mentioned that DHSS assigned a zero fiscal note to HB
20. She added that HB 20 would remove the financial cost for
citizens who would be paying the $25 fee for the marriage
commissioner's appointment.
3:17:30 PM
REPRESENTATIVE BIRCH asked what duties an elected official would
have in solemnizing a marriage, with regard to verifying the
paper work and signing the marriage certificate.
REPRESENTATIVE CLAMAN responded that there is a two-step process
for marriages. The couple must get a marriage license from DHSS
and then find someone to solemnize, or perform, the marriage
ceremony. He opined that the official performing the marriage
would not have a duty to verify the paperwork, but would sign as
the officiating person and attach the authorizing certificate.
He added that the marrying couple would also need to sign the
certificate.
REPRESENTATIVE BIRCH mentioned that witness signatures would
also be required.
3:20:00 PM
CHAIR KREISS-TOMKINS asked if HB 20 would apply to all elected
office holders, even school board members.
MS. PERMAN answered yes, the legislation would apply to all
elected officials holding public office within the State of
Alaska.
CHAIR KREISS-TOMKINS asked if HB 20 would include tribal council
members and if further definition is needed.
REPRESENTATIVE CLAMAN responded that staff did not research the
question of tribal officials. He said HB 20 was written to
allow a public official to perform a marriage ceremony by virtue
of his/her being elected, and this would include someone
appointed to fill an elected seat.
3:21:10 PM
REPRESENTATIVE JOHNSON asked if an elected official can
relinquish the privilege of officiating a marriage ceremony.
MS. PERMAN replied yes. Section 1, subsection (a) specifies
that marriages "may" be solemnized, rather than "shall." She
said this would give one the opportunity to decline.
REPRESENTATIVE JOHNSON asked for clarification that as an
elected official, she would not have the title of "marriage
officiant."
MS. PERMAN confirmed that Representative Johnson would not have
that title and would not be obligated to perform marriage
ceremonies.
REPRESENTATIVE JOHNSON stated that she has a letter of
opposition because of the concern that HB 20 could be construed
as a duty of an elected official - to solemnize marriages.
REPRESENTATIVE CLAMAN responded that he did not view HB 20 as
creating a duty. Performing a marriage ceremony would be a
choice, not a requirement. He added that First Amendment rights
have guaranteed that religious officials may decline to perform
marriage ceremonies both for religious or any other reasons. He
reiterated that HB 20 would not create a duty to perform a
marriage function, and an elected official could not be
compelled to perform a ceremony against his/her will.
REPRESENTATIVE JOHNSON asked if there was an expectation that an
elected official would perform a marriage ceremony and have to
give a reason for not wanting to do so.
REPRESENTATIVE CLAMAN stated his belief that it would not be
necessary to give a reason for not wanting to perform a marriage
ceremony.
CHAIR KREISS-TOMKINS clarified that the answer to Representative
Johnson's question is "no."
3:25:52 PM
REPRESENTATIVE WOOL asked if there is a shortage of marrying
officials.
MS. PERMAN responded that there is likely no shortage of people
available to perform marriage ceremonies, because of the option
to apply for a marriage commissioner appointment. She said HB
20 would provide an alternate route to simplify the process.
REPRESENTATIVE WOOL said his only concern is that someone might
pressure an elected official to perform a marriage ceremony if
no one else was available and insist that it was his/her public
duty. He added that he understands the concern that performing
marriage ceremonies might be viewed as another obligation of
public office.
REPRESENTATIVE KNOPP requested more clarity in the definition of
public official and whom that included. He asked if an elected
official would include those in utility companies and
cooperatives.
3:29:53 PM
REPRESENTATIVE CLAMAN referred to page 1 of HB 20, beginning on
line 6, which states "elective public office". He asserted that
an elected official of a utility company does not hold public
office, but corporate office. He opined that the use of the
term "public office" would also preclude a tribal government
official.
3:30:50 PM
REPRESENTATIVE BIRCH asked how many people pay the $25 fee and
what agency collects that money.
3:31:26 PM
NANCY MEADE, General Council, Administrative Staff, Office of
the Administrative Director, Alaska Court System, testified that
court system personnel perform many non-religious marriage
ceremonies and issue the marriage commissions. She said that
each marriage ceremony performed through the court system costs
$25, and last year there were about 650 of them. She added that
the average number is about 600-650 per year, and the court
system collects $25 for each one. She stated that in 2016, the
court system issued marriage commissions to 1,678 individuals,
who each paid $25 for a commission. She relayed that the fees
are collected by the court system and are deposited directly
into the general fund. She added that the court system does not
retain any of its filing fees.
REPRESENTATIVE BIRCH mentioned that about 1,600 commissions at
$25 each comes to [$40,000], and he asked for clarification of
the "600" number mentioned.
MS. MEADE clarified that "650" represents the number of times a
judge, law clerk, or magistrate performed a marriage ceremony
[in 2016]. She confirmed that the court system budget would not
be affected by HB 20.
REPRESENTATIVE BIRCH estimated that about 2,200 marriages were
outside of the religious realm.
3:33:32 PM
MS. MEADE, in response to Representative Wool, reiterated that
the 600-plus marriage ceremonies conducted at the courthouse are
$25 each.
3:33:59 PM
REPRESENTATIVE JOHNSON offered that she doesn't see the need for
HB 20. She offered that she has performed marriage ceremonies,
and any elected official can already perform marriage ceremonies
after applying for the marriage commission and paying the $25.
REPRESENTATIVE CLAMAN speculated that Representative Johnson
enjoyed performing marriage ceremonies for family and friends
when she was Mayor of Palmer. He offered that HB 20 would make
it more convenient for an elected official to do the same. He
attested that under HB 20, government would be more accessible
to the public and would be viewed more favorably.
REPRESENTATIVE JOHNSON asked, "What brought this up and what
problem are we solving?"
REPRESENTATIVE CLAMAN opined that part of a legislator's job in
government is to look for ways for government to work more
effectively and efficiently for the public. He asserted that
making it easier for people to go through the process of getting
married is "a positive."
REPRESENTATIVE JOHNSON stated that one does not have to wait to
get a form and spend money before being able to perform a
marriage ceremony.
3:38:36 PM
CHAIR KREISS-TOMKINS opened public testimony on HB 20. After
ascertaining that there was no one who wished to testify, he
closed public testimony.
[HB 20 was held over.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB0020 Hearing Request Memo 2.2.2017.PDF |
HSTA 2/16/2017 3:00:00 PM |
HB 20 |
| HB0020 Sponsor Statement 2.8.17.pdf |
HSTA 2/16/2017 3:00:00 PM |
HB 20 |
| HB0020 ver A 2.8.17.PDF |
HSTA 2/16/2017 3:00:00 PM |
HB 20 |
| HB0020 Supporting Document - Texas Bill 2.8.17.pdf |
HSTA 2/16/2017 3:00:00 PM |
HB 20 |
| HB020 Fiscal Note HSS 2.14.17.pdf |
HSTA 2/16/2017 3:00:00 PM |
HB 20 |
| HCR005 Sponsor Statement 2.9.17.pdf |
HSTA 2/16/2017 3:00:00 PM |
HCR 5 |
| HCR005 ver A 2.9.17.PDF |
HSTA 2/16/2017 3:00:00 PM |
HCR 5 |
| HB020 Alaskans Together for Equality Letter of Support 2.16.17.pdf |
HSTA 2/16/2017 3:00:00 PM |
HB 20 |
| HCR005A Additional Documents 2.16.17.PDF |
HSTA 2/16/2017 3:00:00 PM |
HCR 5 |
| HCR005A PowerPoint 2.16.17.pdf |
HSTA 2/16/2017 3:00:00 PM |
HCR 5 |