02/16/2017 03:00 PM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB3 | |
| HB20 | |
| HCR5 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 20 | TELECONFERENCED | |
| *+ | HCR 5 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 3 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
February 16, 2017
3:07 p.m.
MEMBERS PRESENT
Representative Jonathan Kreiss-Tomkins, Chair
Representative Chris Tuck
Representative Adam Wool
Representative Chris Birch
Representative DeLena Johnson
Representative Gary Knopp
Representative Andy Josephson (alternate)
MEMBERS ABSENT
Representative Gabrielle LeDoux, Vice Chair
Representative Chuck Kopp (alternate)
COMMITTEE CALENDAR
HOUSE BILL NO. 3
"An Act relating to the employment rights of employees in the
state who are members of the National Guard of another state,
territory, or district of the United States."
- MOVED CSHB 3(MLV) OUT OF COMMITTEE
HOUSE BILL NO. 20
"An Act relating to marriage solemnization; and authorizing
elected public officials in the state to solemnize marriages."
- HEARD & HELD
HOUSE CONCURRENT RESOLUTION NO. 5
Proposing an amendment to the Uniform Rules of the Alaska State
Legislature relating to the membership of the Committee on
Committees.
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 3
SHORT TITLE: NATL GUARD LEAVE/REEMPLOYMENT RIGHTS
SPONSOR(s): REPRESENTATIVE(s) TUCK
01/18/17 (H) PREFILE RELEASED 1/9/17
01/18/17 (H) READ THE FIRST TIME - REFERRALS
01/18/17 (H) MLV, STA
01/26/17 (H) MLV AT 1:30 PM GRUENBERG 120
01/26/17 (H) Heard & Held
01/26/17 (H) MINUTE(MLV)
02/02/17 (H) MLV AT 1:30 PM GRUENBERG 120
02/02/17 (H) Moved CSHB 3(MLV) Out of Committee
02/02/17 (H) MINUTE(MLV)
02/03/17 (H) MLV RPT CS(MLV) 7DP
02/03/17 (H) DP: LEDOUX, SPOHNHOLZ, PARISH,
RAUSCHER, SADDLER, REINBOLD, TUCK
02/14/17 (H) STA AT 3:00 PM GRUENBERG 120
02/14/17 (H) Heard & Held
02/14/17 (H) MINUTE(STA)
02/16/17 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 20
SHORT TITLE: SOLEMNIZE MARRIAGE: ELECTED OFFICIALS
SPONSOR(s): REPRESENTATIVE(s) CLAMAN
01/18/17 (H) PREFILE RELEASED 1/9/17
01/18/17 (H) READ THE FIRST TIME - REFERRALS
01/18/17 (H) STA, JUD
02/16/17 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HCR 5
SHORT TITLE: UNIFORM RULES: COMMITTEE ON COMMITTEES
SPONSOR(s): REPRESENTATIVE(s) EASTMAN
02/06/17 (H) READ THE FIRST TIME - REFERRALS
02/06/17 (H) STA, JUD
02/16/17 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
KENDRA KLOSTER, Staff
Representative Chris Tuck
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
3, on behalf of Representative Tuck, prime sponsor.
REPRESENTATIVE MATT CLAMAN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 20, as prime sponsor.
SARA PERMAN, Staff
Representative Matt Claman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 20 on behalf of Representative
Claman, prime sponsor.
NANCY MEADE, General Council
Administrative Staff
Office of the Administrative Director
Alaska Court System
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
20.
REPRESENTATIVE DAVID EASTMAN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HCR 5, as prime sponsor.
ACTION NARRATIVE
3:07:13 PM
CHAIR JONATHAN KREISS-TOMKINS called the House State Affairs
Standing Committee meeting to order at 3:07 p.m.
Representatives Birch, Johnson, Josephson, Knopp, Wool, and
Kreiss-Tomkins were present at the call to order.
Representative Tuck arrived as the meeting was in progress.
HB 3-NATL GUARD LEAVE/REEMPLOYMENT RIGHTS
3:08:26 PM
CHAIR KREISS-TOMKINS announced that the first order of business
would be HOUSE BILL NO. 3, "An Act relating to the employment
rights of employees in the state who are members of the National
Guard of another state, territory, or district of the United
States." [Before the committee was committee substitute (CS)
for HB 3 (MLV).]
3:08:58 PM
REPRESENTATIVE WOOL asked for clarification that HB 3 would
apply to Alaskan residents who are also members of a National
Guard in another state.
3:09:34 PM
KENDRA KLOSTER, Staff, Representative Chris Tuck, Alaska State
Legislature, on behalf of Representative Tuck, prime sponsor of
HB 3, referred to page 1 of HB 3, beginning on line 8, and
paraphrased, "a resident of the state and a member of the
National Guard of another state to perform active National Guard
service under that state law." She explained that HB 3 refers
to a resident of Alaska who is serving in another state's
National Guard and gets called to service. The proposed
legislation would bestow reemployment rights to that individual
upon his/her return to Alaska.
3:10:13 PM
REPRESENTATIVE KNOPP moved to report CSHB 3(MLV) out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 3(MLV) was
reported from the House State Affairs Standing Committee.
3:10:40 PM
The committee took an at ease from 3:10 p.m. to 3:12 p.m.
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.]
HCR 5-UNIFORM RULES: COMMITTEE ON COMMITTEES
3:39:12 PM
CHAIR KREISS-TOMKINS announced that the final order of business
would be HOUSE CONCURRENT RESOLUTION NO. 5, Proposing an
amendment to the Uniform Rules of the Alaska State Legislature
relating to the membership of the Committee on Committees.
3:39:41 PM
The committee took an at ease between 3:39 p.m. and 3:42 p.m.
3:41:45 PM
REPRESENTATIVE DAVID EASTMAN, Alaska State Legislature, presented HCR
5, as prime sponsor, with the use of a PowerPoint presentation. He
relayed that HCR 5 proposes a change to the Uniform Rules [of the
Alaska State Legislature]. He stated that HCR 5 would ensure that the
presiding officer of each legislative body has the authority to
appoint a sufficient number of members to the Committee on Committees.
He explained that [at the beginning of] each legislature, the
legislative body determines the rules, and the House and Senate
concur. He asserted that the public's role is to make certain that
the legislature follows those rules.
REPRESENTATIVE EASTMAN referred to Slide 1, titled "House Committee on
Committees Membership," to point out that up until 1993, the House
membership on the Committee on Committees was five and thereafter,
more than five. He offered that the Senate membership on the
committee has been maintained at five over that same period, as shown
on Slide 3, titled "Senate Committee on Committees Membership."
Representative Eastman read from Rule 1 of the Uniform Rules of the
Alaska State Legislature, subsection (e), as follows: "The presiding
officer shall announce, not later than the day following election, the
appointment of a Committee on Committees consisting of five members
including the presiding officer." He asserted that this statement
gives the public an expectation that the House Committee on Committees
will consist of five members. He then referred to Slide 4 to point
out that on the [Alaska State Legislature] website, seven members are
listed. He asserted that the goal of HCR 5 is to "bridge the gap"
between public expectation and that which is determined by the
legislature, and to arrive at a number of members that is in the
public's best interest.
3:45:52 PM
CHAIR KREISS-TOMKINS mentioned a forthcoming amendment to be
introduced by Representative Knopp.
REPRESENTATIVE KNOPP questioned the reason for inserting the
words "at least" before "five members", if the current Uniform
Rules specify five members and Representative Eastman's intent
[for introducing HCR 5] is to maintain consistency with the
Uniform Rules.
REPRESENTATIVE EASTMAN asked if the amendment would replace
"five" with "seven".
REPRESENTATIVE KNOPP explained that the amendment would insert
"and the Committee on Committees" in Section 1 of HCR 5, on page
1, line 12, following "committee". He stated that Legislative
Legal and Research Services recommended that the number of
members [stated in the Uniform Rules] be changed to "seven" not
"five", because that is the current number of members. He
pointed out that the Senate has five members on the committee,
and the current language does specify five. He asserted that he
is not comfortable with the wording "at least" because it is not
specific, and he prefers a firm number. He suggested retaining
the wording in the Uniform Rules that specifies five members.
REPRESENTATIVE EASTMAN replied that the Uniform Rules could be
left as is, but the current presiding officer has chosen to
appoint seven members to the committee. He added that if the
legislature anticipated that this practice would continue, then
the Uniform Rules should be changed to give the presiding
officer that authority. He offered that the purpose of HCR 5 is
not to restrict the presiding officer in appointing members of
the Committee on Committees, but to give him/her the authority
to make whatever determination is in the best interest of the
House of Representatives. He opined that if the Uniform Rules
are changed to specify seven, then the Senate would question the
requirement to have seven members on the Committee on
Committees, because it is a very large portion of its twenty-
member total. He concluded that allowing flexibility to each
chamber of the legislature to decide on the number of members
avoids that conflict.
REPRESENTATIVE KNOPP corrected himself and said that Legislative
Legal and Research Services did not request the Uniform Rules to
state seven members, but recommended that the number be specific
and not flexible. He stated that Legislative Legal and Research
Services did not want the words "at least" in the Uniform Rules.
3:50:53 PM
REPRESENTATIVE BIRCH referred to Slide 4 and stated that there
were two minority members among the seven members of the House
Committee on Committees. He suggested that based on the
proportion of minority members in the full House, the number of
minority members on the House Committee on Committees should be
three. He asked if the Uniform Rules require the presiding
officer to restructure the committee to reflect that proportion.
REPRESENTATIVE EASTMAN responded that HCR 5 would not affect
representation on the Committee on Committees, only the total
number of the committee's members. He stated that the Senate
has historically maintained a proportional minority
representation. He asserted that as the Uniform Rules are
currently written, the standing committees are required to have
proportional minority representation, but the special committees
and the Committee on Committees are not. He added that these
other committees do have minority representation, and he
anticipates that would continue. He stated that HCR 5 would
require proportional minority representation on the Committee on
Committees.
REPRESENTATIVE BIRCH offered that the minority representation on
the Committee on Committees is currently "out of balance."
CHAIR KREISS-TOMKINS opined that HCR 5 reflects the sponsor's
intent to resolve that issue.
REPRESENTATIVE EASTMAN responded that there is some "out of
balance" [regarding minority representation on the Committee on
Committees] but opined that the primary effort of HCR 5 would be
to align the Uniform Rules with public expectation. He asserted
that if the Committee on Committees were treated like a standing
committee, then it would require two members from the minority
if it is a five-member committee and three members from the
minority if it is a seven-member committee.
3:54:07 PM
CHAIR KREISS-TOMKINS stated that HCR 5 would be held over.
3:54:37 PM
AJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 3:55
p.m.
| 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 |