02/11/2022 01:30 PM Senate JUDICIARY

                     SB 119-OATH OF OFFICE                                                                                  
                                                                                                                                
1:44:19 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."                                                                              
                                                                                                                                
[CSSB 119(EDC) was before the committee.]                                                                                       
                                                                                                                                
CHAIR HOLLAND stated that SB 119 was previously heard on 1/31/22                                                                
and 2/2/2022. Public testimony was closed on 2/2/2022.                                                                          
                                                                                                                                
1:44:37 PM                                                                                                                    
CHAIR HOLLAND moved to adopt Amendment 1, work order 32-                                                                        
LS0163\G.2.                                                                                                                     
                                                                                                                                
                                                   32-LS0163\G.2                                                                
                                                           Marx                                                                 
                                                         2/1/22                                                                 
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                   BY SENATOR HOLLAND                                                                 
     TO:  CSSB 119(EDC)                                                                                                         
                                                                                                                                
     Page 1, line 2:                                                                                                            
          Delete ", the Declaration of Independence,"                                                                         
                                                                                                                                
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          Delete ", the Declaration of Independence,"                                                                       
                                                                                                                                
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          Delete ", the Declaration of Independence,"                                                                       
                                                                                                                                
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          Delete ", the Declaration of Independence,"                                                                       
                                                                                                                                
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          Delete ", the Declaration of Independence,"                                                                       
                                                                                                                                
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          Delete ", the Declaration of Independence,"                                                                       
                                                                                                                                
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          Delete ", the Declaration of Independence,"                                                                       
                                                                                                                                
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          Delete ", the Declaration of Independence,"                                                                       
                                                                                                                                
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          Delete ", the Declaration of Independence,"                                                                       
                                                                                                                                
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          Delete ", the Declaration of Independence,"                                                                       
                                                                                                                                
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          Delete ", the Declaration of Independence,"                                                                       
                                                                                                                                
SENATOR SHOWER objected for discussion purposes.                                                                                
                                                                                                                                
1:44:52 PM                                                                                                                    
CHAIR HOLLAND explained that Amendment  1 would remove references                                                               
to  the  Declaration of  Independence  since  state law  requires                                                               
public  officials to  swear an  oath to  the US  Constitution and                                                               
Alaska Constitution. However, he said  the oath that members take                                                               
does not  refer to  the Declaration  of Independence.  As Senator                                                               
Kiehl  pointed out,  expanding the  required  reading list  could                                                               
open the door to any number  of materials that anyone might think                                                               
is essential.                                                                                                                   
                                                                                                                                
1:45:32 PM                                                                                                                    
SENATOR SHOWER asked the sponsor to comment on Amendment 1.                                                                     
                                                                                                                                
1:45:49 PM                                                                                                                    
SENATOR LORA REINBOLD, Alaska  State Legislature, Juneau, Alaska,                                                               
sponsor of  SB 119,  said that  the United  States is  one nation                                                               
under God, and it should soar  like an eagle. The US Constitution                                                               
provides the  most powerful protection for  individual liberties.                                                               
She  said the  charter is  the  mission statement,  which is  the                                                               
Declaration of  Independence. The US Constitution  provides a set                                                               
of bylaws that accompanies the  charter. For example, it outlines                                                               
due process and how the charter  takes place. She opined that the                                                               
charter and bylaws  are inseparable. She characterized  it as two                                                               
wings that  allow the  eagle to fly.  She expressed  concern that                                                               
some  justices view  the US  Constitution as  a living  document.                                                               
However,  going  back  to the  mission  statement  clarifies  and                                                               
identifies the goals of life,  liberty, and pursuit of happiness.                                                               
It  protects individuals  and keeps  the judicial  branch in  its                                                               
lane. She said she objects to Amendment 1.                                                                                      
                                                                                                                                
1:47:36 PM                                                                                                                    
SENATOR SHOWER  stated his  support for Amendment  1 but  said he                                                               
could go either way.                                                                                                            
                                                                                                                                
SENATOR SHOWER maintained his objection.                                                                                        
                                                                                                                                
CHAIR HOLLAND recognized Senator Hughes wished to comment.                                                                      
                                                                                                                                
1:48:01 PM                                                                                                                    
SENATOR  HUGHES offered  her  view  that tying  it  into oath  is                                                               
important. She said  she hopes that anyone who steps  up to serve                                                               
in any elected  or appointed position reads  and becomes familiar                                                               
with the Declaration of Independence.  However, she did not think                                                               
it fits  in SB 119 because  the statutes relate to  the oath, and                                                               
even the short  title of the bill is "Oaths  of Office." She said                                                               
she  would stick  with the  readings  actually tied  to the  oath                                                               
itself.                                                                                                                         
                                                                                                                                
1:49:47 PM                                                                                                                    
SENATOR MYERS, (via  Teams), echoed what Senator  Hughes said. He                                                               
acknowledged that the Declaration  of Independence identifies the                                                               
purpose of  government, including the life,  liberty, and pursuit                                                               
of  happiness, which  is the  most well-known  language. However,                                                               
the vast  majority of the  Declaration of Independence is  a list                                                               
of  grievances  against  England.   And  while  that's  important                                                               
historically, it  isn't as important  when it comes to  taking an                                                               
oath.  He suggested  that  other documents  that  pertain to  the                                                               
point of  government, could include John  Locke's Second Treatise                                                               
of Government  and similar  documents. He  offered his  view that                                                               
removing it  would help  the legislature to  narrow the  focus to                                                               
the oath public officials take.                                                                                                 
                                                                                                                                
1:51:19 PM                                                                                                                    
SENATOR SHOWER maintained his objection.                                                                                        
                                                                                                                                
1:51:33 PM                                                                                                                    
A roll  call vote was  taken. Senators Hughes, Myers,  Kiehl, and                                                               
Holland voted in  favor of Amendment 1, and  Senator Shower voted                                                               
against it. Therefore, Amendment 1 passed by a 4:1 vote.                                                                        
                                                                                                                                
1:51:20 PM                                                                                                                    
SENATOR REINBOLD made closing remarks.  She offered her view that                                                               
it is  vitally important when  the executive branch  and judicial                                                               
branch overreach to  understand that the US  Constitution was put                                                               
in  place  to keep  the  government  "in  its lane"  and  protect                                                               
individual  liberties. She  said she  hoped that  the bill  would                                                               
move from the committee.                                                                                                        
                                                                                                                                
1:52:55 PM                                                                                                                    
SENATOR SHOWER  moved to report  SB 119, work  order 32-LS0163\G,                                                               
as amended,  from committee  with individual  recommendations and                                                               
attached fiscal note(s).                                                                                                        
                                                                                                                                
CHAIR HOLLAND heard no objection,  and CSSB 119(JUD) was reported                                                               
from the Senate Judiciary Standing Committee.