Legislature(2021 - 2022)GRUENBERG 120
03/11/2021 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB62 | |
| HB44 | |
| HB62 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 44 | TELECONFERENCED | |
| *+ | HB 106 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 62 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 11, 2021
3:04 p.m.
DRAFT
MEMBERS PRESENT
Representative Jonathan Kreiss-Tomkins, Chair
Representative Matt Claman, Vice Chair
Representative Geran Tarr
Representative Andi Story
Representative Sarah Vance
Representative James Kaufman
Representative David Eastman
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 62
"An Act relating to solemnization of marriage."
- MOVED HB 62 OUT OF COMMITTEE
HOUSE BILL NO. 44
"An Act relating to the practice of accounting."
- HEARD & HELD
HOUSE BILL NO. 106
"An Act relating to missing persons under 21 years of age."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 62
SHORT TITLE: MARRIAGE WITNESSES
SPONSOR(s): REPRESENTATIVE(s) CLAMAN
02/18/21 (H) PREFILE RELEASED 1/15/21
02/18/21 (H) READ THE FIRST TIME - REFERRALS
02/18/21 (H) STA, JUD
02/25/21 (H) STA AT 3:00 PM GRUENBERG 120
02/25/21 (H) -- MEETING CANCELED --
03/04/21 (H) STA AT 3:00 PM GRUENBERG 120
03/04/21 (H) Heard & Held
03/04/21 (H) MINUTE(STA)
03/09/21 (H) STA AT 3:00 PM GRUENBERG 120
03/09/21 (H) Heard & Held
03/09/21 (H) MINUTE(STA)
03/11/21 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 44
SHORT TITLE: PRACTICE OF ACCOUNTING; LICENSURE
SPONSOR(s): REPRESENTATIVE(s) THOMPSON
02/18/21 (H) PREFILE RELEASED 1/8/21
02/18/21 (H) READ THE FIRST TIME - REFERRALS
02/18/21 (H) STA, L&C
03/11/21 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
LYNETTE BERGH, Staff
Representative Steve Thompson
Juneau, Alaska
POSITION STATEMENT: Reviewed the changes to HB 44, proposed in
the CS, Version B, on behalf of Representative Thompson, prime
sponsor.
REPRESENTATIVE STEVE THOMPSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented CSHB 44(STA) as the prime
sponsor.
KAREN BREWER-TARVER
Alaska Society of Certified Public Accountants
Juneau, Alaska
POSITION STATEMENT: Answered questions pertaining to CSHB
44(STA).
THOMAS NEILL, Chair
AICPA Uniform Accountancy Act Committee
Seattle, Washington
POSITION STATEMENT: Answered questions pertaining to CSHB
44(STA).
ACTION NARRATIVE
3:04:25 PM
CHAIR JONATHAN KREISS-TOMKINS called the House State Affairs
Standing Committee meeting to order at 3:04 p.m.
Representatives Story, Claman, Kaufman, Eastman, and Kreiss-
Tomkins were present at the call to order. Representatives
Vance and Tarr arrived as the meeting was in progress.
HB 62-MARRIAGE WITNESSES
3:05:16 PM
CHAIR KREISS-TOMKINS announced that the first order of business
would be HOUSE BILL NO. 62, "An Act relating to solemnization of
marriage."
CHAIR KREISS-TOMKINS noted the outstanding amendments on HB 62.
3:05:46 PM
REPRESENTATIVE EASTMAN moved to adopt Amendment 2, [labeled 32-
LS0272\A.4, Dunmire, 3/8/21], which read:
Page 1, following line 2:
Insert new bill sections to read:
"* Section 1. AS 25.05.261(a) is repealed and
reenacted to read:
(a) Marriages may be solemnized by any person in
the state.
* Sec. 2. AS 25.05.261(c) is repealed and reenacted
to read:
(c) Nothing in this section creates or implies a
duty or obligation on a person authorized to solemnize
a marriage under (a) of this section to solemnize any
marriage."
Page 1, line 3:
Delete "Section 1"
Insert "Sec. 3"
Renumber the following bill sections accordingly.
Page 2, line 24:
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 CLAMAN, prime sponsor of HB 62, objected.
3:05:52 PM
REPRESENTATIVE EASTMAN stated that Amendment 2 would accomplish
two things: firstly, it would remove the form and $25 fee that
are required to sign a marriage license; secondly, it would
clarify that no person is obligated to solemnize a marriage.
Based on the discussion on Amendment 1 to HB 62 [on 3/9/21], he
withdrew Amendment 2.
3:06:46 PM
REPRESENTATIVE EASTMAN moved to adopt Amendment 3, [labeled 32-
LS0272\A.6, Dunmire, 3/8/21], which read:
Page 1, line 3, through page 2, line 24:
Delete all material and insert:
"* Section 1. AS 25.05.301 is amended to read:
Sec. 25.05.301. Form of solemnization. In the
solemnization of marriage no particular form is
required except that the parties shall assent or
declare in the presence of each other and the person
solemnizing the marriage and in the presence of at
least two competent witnesses that they take each
other to be husband and wife. A competent witness for
this purpose is a person of sound mind capable of
understanding the seriousness of the ceremony. At the
time of the ceremony, the person solemnizing the
marriage shall complete the certification on the
original marriage certificate. The person solemnizing
the marriage and the two attending witnesses shall
sign the original marriage certificate and the
necessary copies. The person solemnizing the marriage
may not also act as an attending witness."
REPRESENTATIVE CLAMAN objected.
3:06:53 PM
REPRESENTATIVE EASTMAN explained that Amendment 3 would clarify
that the person solemnizing the marriage may not additionally
act as the witness.
REPRESENTATIVE CLAMAN expressed his opposition to the proposed
amendment because the purpose of the bill is to remove the
witness requirement. Eliminating the witness requirement would
particularly help with destination weddings, for which, under
current law, two additional people must fly to Alaska to fulfill
that obligation. He explained that Amendment 3 would maintain
the witness requirement; furthermore, it would keep the
officiant from acting as a witness, which is allowed under
current Alaska law. Because the proposed amendment adds to the
witness requirement rather than removing it, he reiterated his
opposition to Amendment 3.
REPRESENTATIVE CLAMAN maintained his objection.
3:08:34 PM
REPRESENTATIVE EASTMAN acknowledged that there are occasions
when the person presiding over the wedding also signs as the
witness; however, he shared his belief that such occurrences do
not satisfy the original intent of the statute. He pointed out
that other more significant areas of law require a witness
signature, later adding that the decision to marry a person
[could] impact family court, inheritance, probate court, and
many other things. He maintained that it's appropriate to
require marriage witnesses because it's a legally significant
decision.
3:09:40 PM
A roll call vote was taken. Representatives Vance, Kaufman, and
Eastman voted in favor of the adoption of Amendment 3.
Representatives Story, Claman, and Kreiss-Tomkins voted against
it. Therefore, Amendment 3 failed by a vote of 3-3.
3:10:31 PM
REPRESENTATIVE VANCE moved to adopt Amendment 4, [labeled 32-
LS0272\A.5, Dunmire, 3/8/21], which read:
Page 1, line 1, following "Act":
Insert "relating to the Legislative Ethics Act;
and"
Page 1, following line 2:
Insert a new bill section to read:
"* Section 1. AS 24.60.030(a) is amended to read:
(a) A legislator or legislative employee may not
(1) solicit, agree to accept, or accept a
benefit other than official compensation for the
performance of public duties; this paragraph may not
be construed to prohibit
(A) lawful solicitation for and acceptance
of campaign contributions;
(B) [,] solicitation or acceptance of
contributions for a charity event, as defined in
AS 24.60.080(a)(2)(B);
(C) [, OR] the acceptance of a gift under
AS 24.60.075 or 24.60.080; or
(D) a legislator from accepting a benefit
in exchange for solemnizing a marriage under
AS 25.05.261(a)(4);
(2) use public funds, facilities,
equipment, services, or another government asset or
resource for a nonlegislative purpose, for involvement
in or support of or opposition to partisan political
activity, or for the private benefit of the
legislator, legislative employee, or another person;
this paragraph does not prohibit
(A) limited use of state property and
resources for personal purposes if the use does not
interfere with the performance of public duties and
either the cost or value related to the use is nominal
or the legislator or legislative employee reimburses
the state for the cost of the use;
(B) the use of mailing lists, computer
data, or other information lawfully obtained from a
government agency and available to the general public
for nonlegislative purposes;
(C) the legislative council,
notwithstanding AS 24.05.190, from designating a
public facility for use by legislators and legislative
employees for health or fitness purposes; when the
council designates a facility to be used by
legislators and legislative employees for health or
fitness purposes, it shall adopt guidelines governing
access to and use of the facility; the guidelines may
establish times in which use of the facility is
limited to specific groups;
(D) a legislator from using the
legislator's private office in the capital city during
a legislative session, and for the 10 days immediately
before and the 10 days immediately after a legislative
session, for nonlegislative purposes if the use does
not interfere with the performance of public duties
and if there is no cost to the state for the use of
the space and equipment, other than utility costs and
minimal wear and tear, or the legislator promptly
reimburses the state for the cost; an office is
considered a legislator's private office under this
subparagraph if it is the primary space in the capital
city reserved for use by the legislator, whether or
not it is shared with others;
(E) a legislator from use of legislative
employees to prepare and send out seasonal greeting
cards;
(F) a legislator from using state resources
to transport computers or other office equipment owned
by the legislator but primarily used for a state
function;
(G) use by a legislator of photographs of
that legislator;
(H) reasonable use of the Internet by a
legislator or a legislative employee except if the use
is for election campaign purposes;
(I) a legislator or legislative employee
from soliciting, accepting, or receiving a gift on
behalf of a recognized, nonpolitical charitable
organization in a state facility;
(J) a legislator from sending any
communication in the form of a newsletter to the
legislator's constituents, except a communication
expressly advocating the election or defeat of a
candidate or a newsletter or material in a newsletter
that is clearly only for the private benefit of a
legislator or a legislative employee; or
(K) full participation in a charity event
approved in advance by the Alaska Legislative Council;
(3) knowingly seek, accept, use, allocate,
grant, or award public funds for a purpose other than
that approved by law, or make a false statement in
connection with a claim, request, or application for
compensation, reimbursement, or travel allowances from
public funds;
(4) require a legislative employee to
perform services for the private benefit of the
legislator or employee at any time, or allow a
legislative employee to perform services for the
private benefit of a legislator or employee on
government time; it is not a violation of this
paragraph if the services were performed in an unusual
or infrequent situation and the person's services were
reasonably necessary to permit the legislator or
legislative employee to perform official duties;
(5) use or authorize the use of state
funds, facilities, equipment, services, or another
government asset or resource for the purpose of
political fund raising or campaigning; this paragraph
does not prohibit
(A) limited use of state property and
resources for personal purposes if the use does not
interfere with the performance of public duties and
either the cost or value related to the use is nominal
or the legislator or legislative employee reimburses
the state for the cost of the use;
(B) the use of mailing lists, computer
data, or other information lawfully obtained from a
government agency and available to the general public
for nonlegislative purposes;
(C) storing or maintaining, consistent with
(b) of this section, election campaign records in a
legislator's office;
(D) a legislator from using the
legislator's private office in the capital city during
a legislative session, and for the 10 days immediately
before and the 10 days immediately after a legislative
session, for nonlegislative purposes if the use does
not interfere with the performance of public duties
and if there is no cost to the state for the use of
the space and equipment, other than utility costs and
minimal wear and tear, or the legislator promptly
reimburses the state for the cost; an office is
considered a legislator's private office under this
subparagraph if it is the primary space in the capital
city reserved for use by the legislator, whether or
not it is shared with others; or
(E) use by a legislator of photographs of
that legislator."
Page 1, line 3:
Delete "Section 1"
Insert "Sec. 2"
Renumber the following bill sections accordingly.
REPRESENTATIVE CLAMAN objected.
3:10:43 PM
REPRESENTATIVE VANCE explained that Amendment 4 would add a
subparagraph (D) to Section 1, which would allow a legislator to
accept a benefit in exchange for solemnizing a marriage under AS
25.05.261(a)(4). She said in discussion with the bill sponsor,
they agreed that an acceptable form of benefit would include
transportation to the wedding and/or dinner at the reception;
however, they also considered extreme examples of benefits that
would appear questionable to the public. She welcomed a
committee discussion regarding appropriate benefits for a public
official who solemnizes a marriage.
REPRESENTATIVE CLAMAN reviewed examples of benefits that he and
Representative Vance had identified as reasonable for a public
official to accept: a helicopter ride to perform the ceremony at
a remote location; a meal after the wedding; a boat ride, during
which the ceremony takes place. He explained that because the
definition of benefit is broad, it raised further questions. He
said he liked the notion that a public official solemnizing a
wedding should not have to pay to participate; however, he
questioned where the line would be drawn. He reiterated that he
liked the concept but expressed concern that the proposed
amendment could make it too easy for someone to accept a three-
day cruise. He suggested addressing that concern in the House
Judiciary Committee to allow for reasonable benefits, which are
incidental to performing the service, to be accepted.
3:14:46 PM
REPRESENTATIVE EASTMAN considered a scenario in which a
legislator received a one-thousand-dollar honorarium or three-
day cruise. He asked if the legislator would be required to
disclose that income in the public record.
REPRESENTATIVE CLAMAN was unsure of the answer. He said if he
were offered a three-day cruise that cost $1,000, he would call
Jerry Anderson, Select Committee on Legislative Ethics, and ask
how to proceed.
REPRESENTATIVE EASTMAN noted that he had called Jerry Anderson
to discuss this particular amendment. He shared his
understanding that a benefit of $1,000 should be declared
publicly. He stated his belief that if legislators were
expected to declare honorariums, the transparency would help
them make good decisions on whether to accept such benefits.
3:17:04 PM
REPRESENTATIVE KAUFMAN sought to clarify how the committee would
forward on Amendment 4.
REPRESENTATIVE CLAMAN noted that he and Representative Vance
both serve on the House Judiciary Committee. He relayed their
plan to move HB 62 out of the House State Affairs Committee and
consider this discussion in Judiciary. He restated his support
for the concept; however, he emphasized that the concept must be
right. He said the process of getting the concept right would
involve discussions with Jerry Anderson and further work on the
intent language to allow someone to accept a reasonable benefit
but not a cash payment.
3:18:33 PM
REPRESENTATIVE VANCE expressed her interest in considering how
the public would view legislators' activity. She said she would
like to avoid "[setting] public officials in a place above the
average person in Alaska who is going to perform a ceremony."
She pointed out that legislators are held to higher scrutiny in
the public eye and expressed her desire to maintain
accountability and transparency. She withdrew Amendment 4 with
the intent to reconsider it in the next committee of referral.
3:19:32 PM
CHAIR KREISS-TOMKINS announced that HB 62 would be held to the
end of the meeting.
HB 44-PRACTICE OF ACCOUNTING; LICENSURE
3:19:54 PM
CHAIR KREISS-TOMKINS announced that the next order of business
would be HOUSE BILL NO. 44, "An Act relating to the practice of
accounting."
3:20:10 PM
CHAIR KREISS-TOMKINS moved to adopt the proposed committee
substitute (CS) for HB 44, labeled 32-LS0302\B, Fisher, 3/8/21,
as the working document.
REPRESENTATIVE EASTMAN objected for the purpose of discussion.
3:21:14 PM
LYNETTE BERGH, Staff, Representative Steve Thompson, reviewed
the changes to HB 44, proposed in the CS, Version B, on behalf
of Representative Thompson, prime sponsor. She explained that
Version B removes the language "or compilation" on page 8, line
4; removes the language "the board" and inserts "the department"
on page 8, line 28; and removes the language "or compilation
reports" on page 20, line 5. She said these changes were made
at the request of the Alaska Society of Certified Public
Accountants.
3:23:18 PM
REPRESENTATIVE EASTMAN withdrew his objection.
CHAIR KREISS-TOMKINS hearing no further objection to the motion
to adopt the proposed committee substitute (CS) for HB 44,
labeled 32-LS0302\B, Fisher, 3/8/21, as the working document,
announced that Version B was before the committee.
3:23:44 PM
REPRESENTATIVE STEVE THOMPSON, Alaska State Legislature, prime
sponsor, introduced CSHB 44(STA). He stated that the bill
originated after members of the Alaska Board of Public
Accountancy contacted his office to share that they had been
asked to update Alaska statutes to meet the Uniform Accountancy
Act and/or AICPA's Code of Professional Conduct by the National
Association of the State Boards of Accountancy (NASBA) and the
American Institute of Certified Public Accountants (AICPA). The
national organizations provided the Board of Public Accountancy
with a summary of areas where Alaska's statutes do not meet the
national standards. The board reviewed those statutes over the
past several years and developed a rough draft for the bill to
address the issues. He conveyed that CSHB 44(STA) incorporates
these changes and would update the public accountancy statutes
to bring Alaska more in line with national standards while
continuing to protect the public interest by ensuring that only
qualified persons are licensed, and that appropriate standards
of competency and practice are established and enforced. He
deferred to Ms. Bergh to provide a sectional analysis of the
bill.
3:26:07 PM
MS. BERGH noted the length of the sectional analysis [included
in the committee packet], which covered 44 sections. She said
many of the items in the sectional are redundant as common
language was added or removed. She offered to provide a summary
of the sectional analysis, which would highlight the changes and
be less time intensive.
CHAIR KREISS-TOMKINS welcomed the sectional summary.
MS. BERGH presented a summarized sectional analysis of the bill
[included in the committee packet], which read as follows
[original punctuation provided]:
The changes in HB44 are intended to better align
Alaska accountancy statutes with national standards,
using the Uniform Accountancy Act (UAA) as a guiding
document. These changes will help ensure a uniform
approach to regulation of the accounting profession in
Alaska. Throughout the current accountancy statutes,
there are antiquated industry terms and definitions.
HB 44 updates the following terms:
? "out-of-state exemption" is removed entirely to
allow for firm mobility
? "Partnership, limited liability company,
corporation, or other legal entity" are replaced with
the term "firm"; the updated definition of firm will
now include sole proprietors
? "quality review" is replaced with "peer review"
? Sections 37-43 updates/adds new definitions for the
following accountancy terms:
o "attest function"
o "compilation service"
o "permit"
o "practice of public accounting"
o "report"
o "state"
o "preparation of financial statements"
3:28:27 PM
REPRESENTATIVE VANCE referred to language in Section 3, page 2,
line 11, which states that the board "may" renew a license
granted under Section 3 if the licensee meets the listed
criteria. She then directed attention to Section 5, which
states that the board "shall" grant a permit on page 2, line 18.
Referring back to page 2, line 11, she asked what discretion the
board would have to renew a license under Section 3 if the
licensee met the statutory criteria.
MS. BERGH deferred to Karen Brewer-Tarver or Thomas Neill to
speak to the technicalities of the bill.
3:30:07 PM
KAREN BREWER-TARVER, Alaska Society of Certified Public
Accountants, said the board would renew a license as long as the
firm met all of the criteria. She clarified that if all the
conditions are met, the board does not have discretion [on
whether to renew a license].
3:31:31 PM
REPRESENTATIVE VANCE asked if the word "shall" would be more
appropriate since the board does not utilize discretion, to
protect against potential litigation.
MS. BREWER-TARVER said she would have to think more about that
question. She offered her understanding that "shall" could be
used but "may" would allow for more discretion. She explained
that the Uniform Accountancy Act is a template act, which NASBA
and AICPA creates for state boards to look to for best
practices. She deferred to Thomas Neill for further
information.
3:33:39 PM
THOMAS NEILL, Chair, AICPA Uniform Accountancy Act Committee,
informed the committee that the UAA [Uniform Accountancy Act] is
a template for all 55 licensing jurisdictions to align with to
allow for CPAs and CPA firms around the country to act with some
uniformity. Regarding the question of "may" versus "shall," he
recalled seeing some jurisdictions go both directions. He
offered to look more specifically at the entirety of Alaska
statutes to consider the cross-references and follow up with a
more definitive answer at the next hearing for CSHB 44(STA). He
noted that the Uniform Accountancy Act doesn't delve into this
level of specificity, further noting it is left to each state
jurisdiction to enact mobility as best fits their
statutes/rules.
3:35:17 PM
REPRESENTATIVE EASTMAN referred to paragraph (3) on page 2, line
16, which states that the board may renew a license issued under
Section 4 if the licensee "complies with the requirements of
this chapter". He asked to what degree the board is competent
to make that determination.
3:36:05 PM
MR. NEILL remarked:
As I've seen through most state legislative acts
relative to how a CPA gets the license, they usually
have a cross-reference like this to make sure that
they are complying with the entirety of what's drafted
in that section of that state's Uniform Accountancy
Act.
MR. NEILL said with regard to complying, when a CPA applies for
a license in Washington there is a set of criteria to consider,
which looks at whether the licensee has met the continuing
education requirements; whether the licensee has other licenses
in or outside the state; whether the licensee has met the peer
review requirements. He shared his understanding that the
language in question is part of a methodology or criteria to
make sure that the licensee is eligible for licensure.
3:37:35 PM
REPRESENTATIVE CLAMAN noted that "may" and "shall" are both used
throughout Alaska statutes. He suggested that it would be
helpful to hear perspective from Legislative Legal Services, in
addition to [Mr. Neill's] perspective, on this discussion. He
opined that changing the language to "shall" could be
problematic if it were inconsistent with the practices and
statutes of other professions throughout the state. He posited
the courts would conclude that the legislature changed the
language for some specific reason. He emphasized the importance
of consistency across professions.
REPRESENTATIVE THOMPSON offered to follow up with a legal
opinion.
3:38:53 PM
CHAIR KREISS-TOMKINS announced that HB 44 was held over.
3:39:10 PM
CHAIR KREISS-TOMKINS moved that the House State Affairs Standing
Committee delegate the duty of drafting and introducing
committee sponsored legislation to the committee chair for the
duration of the Thirty-Second Alaska State Legislature.
REPRESENTATIVE EASTMAN objected.
3:40:01 PM
CHAIR KREISS-TOMKINS explained that he had no real interest in
introducing legislation that's overly divisive. Additionally,
he expressed his desire to consult with every member before
introducing a committee sponsored bill to avoid surprises. He
further noted that he had no immediate anticipation to introduce
any committee sponsored legislation, as it had been used
sparingly in past years.
3:40:43 PM
REPRESENTATIVE EASTMAN shared his belief that the current
expectation that the [committee] majority would make that
decision is conducive to discussion and would ensure that the
majority of the committee membership supported [the committee-
sponsored legislation].
3:42:22 PM
REPRESENTATIVE KAUFMAN expressed his appreciation and respect
for Chair Kreiss-Tomkins for proposing this motion.
Nonetheless, he said he would find it difficult to vote [for a
motion that would] "hand away authority."
[REPRESENTATIVE EASTMAN maintained his objection.]
3:42:54 PM
A roll call vote was taken. Representatives Tarr, Story,
Claman, and Kreiss-Tomkins voted in favor of the motion to
delegate the duty of drafting and introducing committee
sponsored legislation to the chair of the House State Affairs
Standing Committee. Representatives Eastman, Vance, and Kaufman
voted against it. Therefore, the motion was passed by a vote of
4-3.
HB 62-MARRIAGE WITNESSES
3:43:57 PM
CHAIR KREISS-TOMKINS announced that the committee would resume
HOUSE BILL NO. 62, "An Act relating to solemnization of
marriage."
CHAIR KREISS-TOMKINS advised the committee to provide closing
remarks on the bill.
3:44:17 PM
REPRESENTATIVE EASTMAN stated that the bill is centered on
whether it's beneficial to require marriage witnesses. He
maintained that if there were no witnesses to the signing of a
marriage license, it would provide the opportunity to question
what took place and the surrounding circumstances. He expounded
on the value of preserving marriage witnesses, suggesting that
they could aide in future litigation. He conveyed the "profound
impact" that marriage has on individuals' legal standing and
financial future and expressed his opposition to removing the
witness requirement.
3:45:51 PM
REPRESENTATIVE VANCE remarked:
...marriage is seen as an institution and I'm very
traditional when it comes to protecting the
institution, but the Libertarian in me says that
should be between that couple and god and the
government should stay out of it. However, a marriage
license is required by the state because there are
legal benefits to being married. ... And the reason
that I can't support this is because there are legal
benefits to marriage that involve insurance and money
and things like that. My question is why are we
lowering the threshold to provide proof of this union
that contains great benefit?
REPRESENTATIVE VANCE went on to share that her preference would
be to increase [the "threshold"] to provide proof that the
individuals [getting married] are who they say they are. For
those reasons, she said she would not be supporting the bill.
3:47:37 PM
REPRESENTATIVE KAUFMAN expressed his appreciation for the
reduction in government that is present in the bill. With
respect to the documentation of marriage, he opined that now,
[people] are documented more than ever. He noted his support
for ensuring the identity of the couple and suggested including
that in a future amendment. Nonetheless, he shared his plan to
support the bill with the notion that it would be amended in the
House Judiciary Committee.
3:48:44 PM
REPRESENTATIVE CLAMAN informed the committee that HB 62 was
created because Alaskan businesses had expressed that government
regulations made it difficult to engage in the business [of
marriage]. He conveyed that people want to get married and
celebrate their union in the beauty that Alaska offers; however,
the two-witness requirement creates a burden on business. He
noted that the bill does not remove the requirement that the
wedding officiant must sign the marriage certificate, which
satisfies the purpose of a witness. He pointed out that the
witness requirement does not increase or decrease the
seriousness of the vows that people enter into when they choose
to get married. He further highlighted the common practice of
documenting marriage with pictures and videos, which remove any
potential risk of uncertainty regarding who got married. He
reiterated that HB 62 is attempting to bring Alaska into the
twenty-first century and would allow businesses to continue to
provide valuable services and increase tourism in the state.
For all those reasons, he urged support for the bill.
3:51:29 PM
REPRESENTATIVE CLAMAN moved to report HB 62 out of committee
with individual recommendations and the accompanying [zero]
fiscal note.
REPRESENTATIVE VANCE objected.
3:52:03 PM
A roll call vote was taken. Representatives Kaufman, Tarr,
Story, Claman, and Kreiss-Tomkins voted in favor of reporting HB
62 out of committee. Representatives Eastman and Vance voted
against it. Therefore, HB 62 was reported out of the House
State Affairs Standing Committee by a vote of 5-2.
3:52:45 PM
CHAIR KREISS-TOMKINS provided closing comments on "housekeeping"
items.
3:53:23 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 3:53
p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 44 Bill Hearing Request 2.23.21.pdf |
HSTA 3/11/2021 3:00:00 PM |
HB 44 |
| HB44 Sponsor Statement version A.pdf |
HSTA 3/11/2021 3:00:00 PM |
HB 44 |
| HB 44 Sponsor Statement version B.pdf |
HSTA 3/11/2021 3:00:00 PM |
HB 44 |
| HB 44 Bill version A.PDF |
HL&C 5/3/2021 3:15:00 PM HSTA 3/11/2021 3:00:00 PM |
HB 44 |
| HB 44 Bill version B - Blank CS for HB 44.pdf |
HSTA 3/11/2021 3:00:00 PM |
HB 44 |
| HB 44 Sectional Analysis version A.pdf |
HSTA 3/11/2021 3:00:00 PM |
HB 44 |
| HB 44 Sectional Analysis version B.pdf |
HSTA 3/11/2021 3:00:00 PM |
HB 44 |
| HB44 Additional Information - AKCPA Amendment Memo 3.4.21 .pdf |
HL&C 5/3/2021 3:15:00 PM HSTA 3/11/2021 3:00:00 PM |
HB 44 |
| HB 44 Testimony - Received as of 2.23.21.pdf |
HL&C 5/3/2021 3:15:00 PM HSTA 3/11/2021 3:00:00 PM |
HB 44 |
| HB 106 Hearing Request 3.1.21.pdf |
HHSS 5/13/2021 3:00:00 PM HSTA 3/11/2021 3:00:00 PM |
HB 106 |
| HB 106 Sponsor Statement 2.18.21.pdf |
HHSS 5/13/2021 3:00:00 PM HSTA 3/11/2021 3:00:00 PM |
HB 106 |
| HB 106 version A.PDF |
HHSS 5/13/2021 3:00:00 PM HSTA 3/11/2021 3:00:00 PM |
HB 106 |
| HB 106 Sectional Analysis version A.pdf |
HHSS 5/13/2021 3:00:00 PM HSTA 3/11/2021 3:00:00 PM |
HB 106 |
| HB 106 Fiscal Note DPS CJISP.PDF |
HHSS 5/13/2021 3:00:00 PM HSTA 3/11/2021 3:00:00 PM |
HB 106 |
| HB 106 Fiscal Note HSS PS.PDF |
HHSS 5/13/2021 3:00:00 PM HSTA 3/11/2021 3:00:00 PM |
HB 106 |
| HB 106 DPS Prensentation 3.11.21 Distributed.pdf |
HHSS 5/13/2021 3:00:00 PM HSTA 3/11/2021 3:00:00 PM |
HB 106 |
| HB 44 version B- Summary of Sectional Analysis.pdf |
HSTA 3/11/2021 3:00:00 PM |
HB 44 |
| HB 44 Explanation of changes version A to B.pdf |
HSTA 3/11/2021 3:00:00 PM |
HB 44 |