Legislature(1997 - 1998)
04/06/1998 09:05 AM Senate HES
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
SB 318 - CHARTER MARRIAGES
SENATOR LEMAN, sponsor of SB 318, described the bill as follows.
SB 318 is an effort to enhance the basic structure of the family
and marriage. Over the years, changes in law have lead Alaska to
join other states in the phenomenon known as "no fault divorce,"
the result being an ever increasing divorce rate. Alaska ranks 37th
among all states. Recently, the Louisiana Legislature passed a
"covenant marriage law." SB 318 is tailored after that law, but
uses the term "charter marriages" instead. SB 318 will allow
people the option of entering into another kind of marriage
relationship when they seek a marriage license. A current marriage
license is for a testament marriage. The charter marriage would
raise the testament marriage standard by requiring three things: it
requires counseling prior to marriage; it requires counseling prior
to dissolution of the marriage; and it eliminates some of the
current reasons for divorce, such as incompatibility of
temperament. SB 318 lists allowable reasons to dissolve a
marriage, such as adultery or commission of a felony. SB 318 will
provoke good dialogue between individuals seeking to marry.
Entering into a charter marriage will be a voluntary act. Senator
Leman noted the proposed committee substitute incorporates changes
made to the House version as it is his intent to keep SB 318 as
similar to that version as possible.
Number 212
SENATOR LEMAN moved the adoption of CSSB 318(HES), version E, as
the working document of the committee. SENATOR ELLIS objected for
the purpose of an explanation.
MIKE PAULEY, staff to Senator Leman, explained the changes made in
the committee substitute. First, on page 2, lines 1-14, subsection
(b) was removed. That subsection provided that a couple who was
issued their marriage licenses under current Alaska statute, could
upgrade their testament marriage to a charter marriage. This
subsection was removed because an official from the Bureau of Vital
Statistics cautioned it would raise equal protection concerns since
the Bureau would be unable to similarly change the terms of a
marriage contract issued in another state. Second, on page 2, line
28, the words "governed by the laws of this State" were inserted
after the words "charter marriage" to clarify that SB 318 only
applies to marriages within the State of Alaska. Third, on page 3,
line 11, licensed clinical social workers were added to the list of
individuals who are permitted to provide pre-marital counseling.
That addition was requested by the Alaska Chapter of the National
Association of Social Workers.
CHAIRMAN WILKEN asked Mr. Pauley to clarify which version he was
referring to.
MR. PAULEY explained the page and line numbers he was referring to
correspond to work draft A, the original draft. MR. PAULEY stated
the final change in the committee substitute is on page 4, line 24.
Four additional reasons for grounds for divorce allowed under a
charter marriage contract were added to the list. The additions
were requested by the Alaska Womens' Political Caucus because of
concerns for victims of domestic violence.
Number 260
SENATOR ELLIS noted page 4 contains references to "habitual gross
drunkenness contracted since marriage and continuing for one year
before the commencement of the action," and "an addiction of either
party, subsequent to the marriage." He asked for clarification of
the difference between habitual gross drunkenness and alcoholism,
and whether the one year waiting period would have to be observed
if the behavior was concealed by the spouse prior to the marriage.
MR. PAULEY replied he did not know if habitual gross drunkenness
and alcoholism are considered to be the same in clinical terms. He
also stated he did not know whether habitual gross drunkenness is
defined in statute. He pointed out that Section 6 is from existing
law (AS 25.24.050) which contains the list of existing grounds for
divorce.
SENATOR LEMAN said he interpreted the bill to mean that the
behavior began after the marriage, and that the behavior would have
to continue for one year before the spouse could begin the divorce
action.
SENATOR ELLIS asked if the bill incorporates any of those behaviors
into the standards entering into, or breaking off, a charter
marriage.
SENATOR LEMAN stated they are not listed.
SENATOR ELLIS asked if the bill specifies the amount of counseling
time that should occur prior to marriage and divorce.
MR. PAULEY stated the legislation simply requires, on page 3, line
4, that the counselor attest in writing to the fact that the
parties were counseled as to the nature, purposes, and
responsibilities of marriage. It does not specify any minimum time
periods; that is left to the discretion of the counselor.
SENATOR ELLIS referred to line 7, page 4, and asked how proof is to
be obtained.
MR. PAULEY replied the proof would be different for each of the
criteria listed, and it would largely be left to the discretion of
the judge.
Number 340
SENATOR ELLIS asked Mr. Pauley if he agreed with the fiscal note.
MR. PAULEY answered the fiscal note reported a cost of $13,300 for
the initial year and a recurring annual cost of $5,000. He thought
those estimates were reasonable to cover the paperwork that will
need to be completed.
SENATOR GREEN questioned the language on page 4, lines 6 and 7,
that reads, "... the status as to the support and maintenance of
the mentally ill person is not altered in any way by the granting
of the divorce;".
MR. PAULEY explained that provision is in existing statute, but he
was unable to recount the legislative history of that provision.
SENATOR ELLIS commented Alaska's existing marriage statutes need
review.
CHAIRMAN WILKEN asked if the list on page 7 applies to current
divorces or whether this section is a whole new body of law.
MR. PAULEY answered Sec. 25.24.270, separation from bed and board,
is a whole new section.
Number 371
SENATOR ELLIS asked if that is a term of art for the separation of
two people who have been married.
MR. PAULEY said that is correct.
SENATOR GREEN noted on page 4, line 15, and on page 7, line 15, the
provision applies to a child who lives in the home. She asked
whether abuse of other children is covered elsewhere.
MR. PAULEY stated page 4, line 21, of the committee substitute,
provides that a divorce may be obtained if the spouse is convicted
of a felony under AS 11.41 and that statute applies to crimes of
murder, rape and sexual abuse.
SENATOR ELLIS asked if the Alaska Womens' Political Caucus
requested that physical abuse alone be added to the list of
legitimate reasons for obtaining a divorce, or whether they
requested other forms of abuse to be included.
MR. PAULEY replied, to the best of his knowledge, the changes
reflect all of the requests made by the Alaska Womens' Political
Caucus to Representative Pete Kelly.
SENATOR ELLIS asked Mr. Pauley to verify that information for him.
He then asked Mr. Pauley to explain Sec. 25.24.275, pertaining to
the effect of decree, and in particular whether spouses cannot have
any form of association with one another after a specific date,
under subsection (2).
SENATOR LEMAN clarified that provision does not fall under the
dissolution of a charter marriage; if falls under separation from
bed and board, which is a step in a separation. Under the charter
marriage law, a couple will have to be separated for one year, or
18 months if there are children, before the marriage can be
dissolved.
Number 415
SENATOR ELLIS asked if, during the one year waiting period, the
spouses cannot have anything to do with each other.
MR. PAULEY said he did not think that was the case because it would
conflict with number 3 on page 8, which refers to the separation
remaining in effect until either reconciliation or divorce.
Reconciliation would be difficult if the couple could not see each
other. MR. PAULEY thought number 2 is an attempt to define a
situation in which the couple is no longer living in the same house
and sharing in the responsibilities of daily life.
SENATOR ELLIS cautioned that that provision could easily be
misinterpreted. He asked if conjugal cohabitation means living in
the same household as married people.
MR. PAULEY said that was correct.
SENATOR ELLIS asked if the couple could meet and date.
MR. PAULEY said that was his understanding.
SENATOR ELLIS removed his objection to adopt CSSB 318(HES),
therefore CHAIRMAN WILKEN announced the motion carried.
Number 434
MR. AL ZANGRI, Chief of the Bureau of Vital Statistics, stated the
committee substitute no longer contains the provision that the
Bureau found problematic. The committee substitute also removes
the need for the $5,000 recurring cost contained in the fiscal
note. He offered to answer any questions.
SENATOR ELLIS asked Mr. Zangri what the Bureau's original concern
was with SB 318.
MR. ZANGRI replied the Bureau of Vital Statistics does not believe
it can impact or change the terms and conditions of a marriage
contracted in another state without violating equal protection
rights. Changing marriage contracts from other states will put the
Bureau in opposition to the Interstate Exchange Agreement which
will cut the Bureau off from all other states exchanging
certificates with Alaska. That is what happened in the State of
Louisiana as a result of its covenant marriage legislation.
SENATOR ELLIS asked if existing Alaska marriages could be upgraded
to this higher standard of cohesion.
SENATOR LEMAN replied that was his original intent, but that
provision was removed because of the problem Mr. Zangri referred
to.
SENATOR LEMAN moved CSSB 318(HES) out of committee with individual
recommendations. There being no objection, CHAIRMAN WILKEN
announced CSSB 318(HES), version E, moves to the Senate Judiciary
Committee.
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