Legislature(2021 - 2022)BUTROVICH 205
01/31/2022 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SJR19 | |
| HB155 | |
| SB119 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SJR 19 | TELECONFERENCED | |
| += | SB 129 | TELECONFERENCED | |
| += | HB 155 | TELECONFERENCED | |
| + | SB 119 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 119-OATH OF OFFICE
2:40:29 PM
CHAIR HOLLAND announced the consideration of SENATE BILL NO. 119
"An Act relating to oaths of office; and requiring public
officers to read the state constitution, the Declaration of
Independence, and the United States Constitution."
[CS FOR SENATE BILL NO. 119(EDC) was before the committee.]
2:41:01 PM
SENATOR LORA REINBOLD, Alaska State Legislature, Juneau, Alaska,
paraphrased the sponsor statement for SB 119.
[Original punctuation provided]
This bill requires all those whose are statutorily or
constitutionally required to take an oath in the State
of Alaska to read: the Declaration of Independence,
the United States Constitution and The Constitution of
the State of Alaska. Following the reading of the
documents, a signed statement acknowledging the action
will be filed at the Alaska State Libraries, Archives
and Museums directly after taking the Oath of office.
2:42:28 PM
SENATOR REINBOLD paraphrased the sectional analysis for SB 119:
[Original punctuation provided]:
Sectional Analysis for CS SB 119 32-LS0163\G
Section 1. AS 14.12.090 is amended to include every
school board member before taking office shall read
the Constitution of the State of Alaska, the
Declaration of Independence, and the Constitution of
the United States, and take and sign an oath of
affirmation.
Section 2. AS 18.65.010 (c) is amended to include
every person appointed shall, after reading the
Constitution of the State of Alaska, the Declaration
of Independence, and the Constitution of the United
States, take the constitutional oath of office.
2:42:55 PM
Section 3. AS 22.05.090 is amended to include each
supreme court justice upon entering office shall,
after reading the Constitution of the State of Alaska,
the Declaration of Independence, and the Constitution
of the United States, take and subscribe to an oath of
office required by all officers and any further oath
or affirmation that may be prescribed by law.
Section 4. AS 22.07.050 is amended to include each
judge of the court of appeals, upon entering office
shall, after reading the Constitution of the State of
Alaska, the Declaration of Independence, and the
Constitution of the United States, take and subscribe
to the oath or affirmation of office required of all
officers under the constitution.
Section 5. AS 22.10.110 is amended to include each
superior court judge upon entering office, shall,
after reading the Constitution of the State of Alaska,
the Declaration of Independence, and the Constitution
of the United States, take and subscribe to an oath of
office required of all officers under the constitution
and any further oath or affirmation as may be
prescribed by law.
2:43:14 PM
Section 6. AS 22.15.180 is amended to include each
district judge and magistrate, upon entering office,
shall, after reading the Constitution of the State of
Alaska, the Declaration of Independence, and the
Constitution of the United States take and subscribe
to an oath of office required of all officers under
the constitution and any further oath or affirmation
that may be prescribed by law.
2:43:22 PM
Section 7. AS 24.05.060 is amended to include each
member of the legislature, before entering upon the
duties of office, shall, after reading the
Constitution of the State of Alaska, the Declaration
of Independence, and the Constitution of the United
States take the oath of office prescribed in Art. XII
Sec. 5, Constitution of the State of Alaska, and such
further oath or affirmation prescribed by law for
members of the legislature or other officers of the
state.
Section 8. AS 29.20.600 is amended to include
Municipal officials shall, after reading the
Constitution of the State of Alaska, the Declaration
of Independence, and the Constitution of the United
States, affirm in writing that the duties of the
office will be honestly, faithfully, and impartially
performed by the official. The oath is filed with the
municipal clerk.
Section 9. AS 39.05.040 is amended to include the
principal executive officer of each department and the
member of each board within the state government
shall, after reading the Constitution of the State of
Alaska, the Declaration of Independence, and the
Constitution of the United States, take, sign, and
file the oath of office required by the constitution
before entering upon the duties of office.
2:43:44 PM
SENATOR REINBOLD commented that these people are already
required to do this. She brought forward the bill because
there were inconsistencies between the three branches of
government. This would provide a consistent, uniform
process.
Section 10. AS 39.05.045 is amended to include a
public officer or employee of the state, before
entering upon the duties of office shall read the
Constitution of the State of Alaska, the Declaration
of Independence, and the Constitution of the United
States and take and sign the following oath or
affirmation: "I do solemnly swear (or affirm) that I
will support and defend the Constitution of the United
States and the Constitution of the State of Alaska,
and that I will faithfully discharge my duties as ??
to the best of my ability."
2:44:14 PM
SENATOR KIEHL asked why the bill requires officials to read the
Declaration of Independence when the oath of office is not
required to uphold it.
SENATOR REINBOLD responded that the executive branch has been
writing mandates. Still, the legislative branch is the branch
that writes the laws, the executive branch carries out the laws,
and the judicial branch resolves disputes. She stated that
reading the Declaration of Independence shows the grievances
people had. She noted that reading the Declaration of
Independence and the US Constitution was crucial.
2:45:40 PM
SENATOR KIEHL said the more thorough exploration of the
relationship between the three branches of government is found
in the Federalist Papers. He said he read them in high school
and college. He asked why the bill does not require reading the
Federalist Papers.
SENATOR REINBOLD answered that she would not object to adding it
to the bill.
2:47:09 PM
SENATOR MYERS asked what problem SB 119 was trying to solve.
SENATOR REINBOLD responded that she would love to see students
reading these documents. She expressed concern that important
things were happening in this country. She stated that the US
Constitution is the supreme law of the land. She said that
people get caught up in guidelines and statutes, so she
advocates reading the source documents as a refresher, keeping
officials focused on their responsibilities.
2:48:26 PM
SENATOR MYERS pointed out that at least three schools of
interpretation of the US Constitution exist. He wondered if the
issue was related to knowledge or the interpretation of the
documents.
SENATOR REINBOLD offered her view that people do not need to
interpret the US Constitution since its purpose was to constrain
government and set out individual rights. She paraphrased the US
Constitution, Article 1, Sections 2 and 4, Declaration of
Rights, which read:
Section 2. Source of Government
All political power is inherent in the people. All
government originates with the people, is founded upon
their will only, and is instituted solely for the good
of the people as a whole.
Section 4. Freedom of Religion
No law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof.
SENATOR REINBOLD said it was written for all people to read and
appreciate, so it does not need to be interpreted. She related
her own practices of reading the documents listed in the bill.
2:50:18 PM
SENATOR SHOWER remarked that he wished these documents were
required in social studies. He emphasized the importance of
learning the basis for the US government. For example, people
refer to the US as a democracy, but it is a representative
republic. He related documents he had read. He asked if the
courts would challenge SB 119 based on personal freedom. He
stated it is sometimes tenuous to tell someone they must do
something.
2:52:10 PM
SENATOR REINBOLD responded that judges, magistrates,
commissioners all must take an oath, but there was inconsistency
within the statutes. She remarked that she could not imagine
people have not read them since they must take an oath to uphold
them. She did not see it as an infringement.
2:53:07 PM
SENATOR SHOWER commented that he wasn't speaking against the
bill. He related that he researched what other states required,
and he found requirements varied and were more stringent.
2:53:59 PM
SENATOR REINBOLD said she read the documents in high school and
college but finds it meaningful to re-read them. She recalled
hearing some candidates indicate they needed to re-read them.
She felt certain that some candidates have not read these
documents since high school. She recalled that the Senate
Education Standing Committee added school board members to the
list of people required to read the documents listed in the
bill. She asked if the sponsor would consider adding assembly
members and community council members to the bill. She was
unsure whether other documents should be added. She remarked
that the Federalist Papers were about 250 to 300 pages in length
and the Anti-Federalist Papers consisted of 85 essays. She
expressed concern about the length of the documents but would be
open to it if there were Cliff Notes.
2:55:37 PM
SENATOR REINBOLD offered her belief that assembly members,
community council members, and school board members were
included under municipal officials.
CHAIR HOLLAND asked if she was speaking about the school board
and assembly members.
SENATOR REINBOLD answered yes. She recalled that the Senate
Education Committee adopted an amendment to add school board and
assembly members.
CHAIR HOLLAND reminded members this was just the first hearing
for the bill so the committee could address it later.
2:56:17 PM
SENATOR HUGHES asked if they were covered in Section 9.
SENATOR SHOWER referred to Section 10.
SENATOR HUGHES noted she was missing Section 10.
2:56:35 PM
SENATOR KIEHL stated that Section 1 covers school board members
and Section 8 relates to council and assembly members in Title
29. He said the bill requires filing the oaths of office. He
asked for consequences if a person does not do the required
reading, such that it would disqualify them from holding the
office.
SENATOR REINBOLD answered that this is on the honor system.
People read an oath and sign that they have read it. The purpose
of the filing is to hold them accountable.
2:58:06 PM
SENATOR REINBOLD summarized that the people signing an oath of
office should read the three documents.
2:58:23 PM
CHAIR HOLLAND held SB 119 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 119 Sponsor's Statement Final.pdf |
SEDC 4/23/2021 9:00:00 AM SJUD 1/31/2022 1:30:00 PM |
SB 119 |
| CS SB 129 version O.pdf |
SJUD 1/28/2022 1:30:00 PM SJUD 1/31/2022 1:30:00 PM |
SB 129 |
| HB 155 Sponsor Statement v. B 4.5.2021.pdf |
HJUD 4/5/2021 1:00:00 PM HJUD 4/7/2021 1:00:00 PM SJUD 1/31/2022 1:30:00 PM |
HB 155 |
| HB 155 Sectional Analysis v. B 4.5.2021.pdf |
HJUD 4/5/2021 1:00:00 PM HJUD 4/7/2021 1:00:00 PM SJUD 1/31/2022 1:30:00 PM |
HB 155 |
| HB 155 Supporting Document - Office of Public Advocacy Letter 3.31.2021.pdf |
HJUD 4/5/2021 1:00:00 PM HJUD 4/7/2021 1:00:00 PM SJUD 1/31/2022 1:30:00 PM |
HB 155 |
| HB 155 Additional Document - Alaska Court System Response to HJUD Committee Questions on April 5, 2021 4.7.2021.pdf |
HJUD 4/7/2021 1:00:00 PM SJUD 1/31/2022 1:30:00 PM |
HB 155 |
| SB119 TESTIMONY FOR SENATE ED COMM.pdf |
SEDC 4/28/2021 9:00:00 AM SJUD 1/31/2022 1:30:00 PM |
SB 119 |
| SJR 19 Amendment A.1.pdf |
SJUD 1/31/2022 1:30:00 PM |
SJR 19 |
| SB 119 Sectional 1.25.22.pdf |
SJUD 1/31/2022 1:30:00 PM |
SB 119 |