Legislature(2021 - 2022)BUTROVICH 205

04/05/2022 01:30 PM Senate HEALTH & SOCIAL SERVICES

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Audio Topic
01:32:59 PM Start
01:33:23 PM HB62
02:32:34 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 62 MARRIAGE WITNESSES TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
                     ALASKA STATE LEGISLATURE                                                                                 
       SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE                                                                   
                          April 5, 2022                                                                                         
                            1:32 p.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator David Wilson, Chair                                                                                                     
Senator Shelley Hughes, Vice Chair                                                                                              
Senator Mia Costello                                                                                                            
Senator Lora Reinbold                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Tom Begich                                                                                                              
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Elvi Gray-Jackson                                                                                                
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
CS FOR HOUSE BILL NO. 62(JUD) am                                                                                                
"An Act relating to the Legislative Ethics Act; relating to                                                                     
solemnization of marriage; and relating to consent to marriage."                                                                
                                                                                                                              
     - HEARD AND HELD                                                                                                           
                                                                                                                                
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)       -- Testimony <Invitation Only> --                                                                      
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                                                                           
03/11/21       (H)       Moved HB 62 Out of Committee                                                                           
03/11/21       (H)       MINUTE(STA)                                                                                            
03/12/21       (H)       STA RPT 4DP 2DNP 1AM                                                                                   
03/12/21       (H)       DP: CLAMAN, STORY, TARR, KREISS-TOMKINS                                                                
03/12/21       (H)       DNP: EASTMAN, VANCE                                                                                    
03/12/21       (H)       AM: KAUFMAN                                                                                            
03/19/21       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
03/19/21       (H)       <Bill Hearing Canceled>                                                                                
03/24/21       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
03/24/21       (H)       Heard & Held                                                                                           
03/24/21       (H)       MINUTE(JUD)                                                                                            
03/29/21       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/29/21       (H)       <Bill Hearing Canceled>                                                                                
03/31/21       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/31/21       (H)       Moved CSHB 62(JUD) Out of Committee                                                                    
03/31/21       (H)       MINUTE(JUD)                                                                                            
04/05/21       (H)       JUD RPT CS(JUD) NEW TITLE 4DP 3DNP                                                                     
04/05/21       (H)       DP: DRUMMOND, KREISS-TOMKINS, SNYDER,                                                                  
                         CLAMAN                                                                                                 
04/05/21       (H)       DNP: EASTMAN, VANCE, KURKA                                                                             
03/09/22       (H)       SUSTAINED RULING OF CHAIR Y21 N14 E4 A1                                                                
03/11/22       (H)       TECHNICAL SESSION 3/11 - ON 3/14                                                                       
                         CALENDAR                                                                                               
03/16/22       (H)       TRANSMITTED TO (S)                                                                                     
03/16/22       (H)       VERSION: CSHB 62(JUD) AM                                                                               
03/18/22       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/18/22       (S)       HSS, JUD                                                                                               
04/05/22       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE MATT CLAMAN                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of HB 62.                                                                                         
                                                                                                                                
BREANNA KAKARUK, Staff                                                                                                          
Representative Matt Claman                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented the sectional analysis for HB 62,                                                               
version B.A.                                                                                                                    
                                                                                                                                
JOE CONNELLY, Owner                                                                                                             
Chugach Peaks Photography                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified by invitation on HB 62.                                                                         
                                                                                                                                
DAWN TYREE, Founding Member                                                                                                     
National Coalition to End Child Marriage in the United States                                                                   
Kodiak, Alaska                                                                                                                  
POSITION STATEMENT: Testified by invitation on HB 62.                                                                         
                                                                                                                                
RIMI NASHASHIBI, Founder and President                                                                                          
Global Hope 365                                                                                                                 
Tustin, California                                                                                                              
POSITION STATEMENT: Testified by invitation on HB 62.                                                                         
                                                                                                                                
FRAIDY REISS, Founder and Executive Director                                                                                    
Unchained At Last                                                                                                               
Westfield, New Jersey                                                                                                           
POSITION STATEMENT: Testified in support of HB 62.                                                                            
                                                                                                                                
REVERAND CIAN MULHERN, Senior Pastor                                                                                            
Celtic Ministries                                                                                                               
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT: Testified in support of HB 62, but urged the                                                              
committee to increase the age of marriage to 18.                                                                                
                                                                                                                                
ALEX GOYETTE, Senior Public Policy Associate                                                                                    
Tahirih Justice Center                                                                                                          
Falls Church, Virginia                                                                                                          
POSITION STATEMENT: Testified in support of HB 62, but urged the                                                              
committee to increase the age of marriage to 18.                                                                                
                                                                                                                                
GENEVIEVE MEYER, Co-Founder                                                                                                     
Resiliency Foundation                                                                                                           
Fort Wayne, Indiana                                                                                                             
POSITION STATEMENT: Testified in support of HB 62, but urged the                                                              
committee to increase the age of marriage to 18.                                                                                
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:32:59 PM                                                                                                                    
CHAIR DAVID WILSON  called the Senate Health  and Social Services                                                               
Standing Committee meeting  to order at 1:32 p.m.  Present at the                                                               
call  to  order  were  Senators  Costello,  Reinbold,  and  Chair                                                               
Wilson. Senator Hughes arrived thereafter.                                                                                      
                                                                                                                                
                    HB  62-MARRIAGE WITNESSES                                                                               
                                                                                                                                
1:33:23 PM                                                                                                                    
CHAIR WILSON  announced the  consideration of  CS FOR  HOUSE BILL                                                               
NO. 62(JUD)  am "An Act  relating to the Legislative  Ethics Act;                                                               
relating to  solemnization of marriage;  and relating  to consent                                                               
to marriage."                                                                                                                   
                                                                                                                                
[CSHB 62(JUD)am was before the committee.]                                                                                      
                                                                                                                                
CHAIR  WILSON stated  that the  intention  today is  to hear  the                                                               
introduction,   sectional  analysis,   and  invited   and  public                                                               
testimony.                                                                                                                      
                                                                                                                                
[CSHB 62(JUD) AM was before the committee.]                                                                                     
                                                                                                                                
1:33:58 PM                                                                                                                    
REPRESENTATIVE  MATT CLAMAN,  Alaska  State Legislature,  Juneau,                                                               
Alaska, sponsor  of HB 62,  introduced the bill  paraphrasing the                                                               
following sponsor statement:                                                                                                    
                                                                                                                                
     At  present,  during  the  solemnization  of  marriage,                                                                    
     couples must assent to the  marriage in the presence of                                                                    
     each other,  the person  solemnizing the  marriage, and                                                                    
     at  least  two  additional  witnesses.  Afterward,  all                                                                    
     parties  must  sign  the marriage  certificates.  House                                                                    
     Bill  62  would  eliminate   the  requirements  of  any                                                                    
     additional witnesses at  the marriage solemnization and                                                                    
     the   signatures  of   these   witnesses  on   marriage                                                                    
     certificates  to  help   support  Alaska's  destination                                                                    
     wedding  industry  while  preserving the  integrity  of                                                                    
     marriage. HB 62  also adds a requirement  that a person                                                                    
     verify  that the  parties intend  to marry  each other.                                                                    
     Thus,  both  the  person  solemnizing  and  the  person                                                                    
     verifying  sign the  marriage  certificate and  provide                                                                    
     contact information.                                                                                                       
                                                                                                                                
     Alaska is  one of  20 states  that require  two wedding                                                                    
     witnessesthe    upper   limit    of   wedding   witness                                                                    
     requirements  nationwide. Twenty-three  states and  the                                                                    
     district of  Columbia do not require  wedding witnesses                                                                    
     at all.  Wedding witnesses played a  more critical role                                                                    
     in  past   centuries  when  record  keeping   was  less                                                                    
     automated. Witnesses  could be contacted to  verify the                                                                    
     wedding  had taken  place if  records  were damaged  or                                                                    
     missing. Today, however, the role  of a wedding witness                                                                    
     is ceremonial. In Alaska,  while the person solemnizing                                                                    
     the  marriage must  meet certain  criteria, no  form of                                                                    
     witness verification  is requiredjust  a  signature. HB
     62  would  allow Alaska  to  compete  with states  like                                                                    
     Hawaii and Florida, which  require no wedding witnesses                                                                    
     and lead the nation in destination weddings.                                                                               
                                                                                                                                
     Destination  weddings  are  a significant  and  growing                                                                    
     business in  Alaska. Non-resident weddings  (where both                                                                    
     parties    are    non-residents)    already    comprise                                                                    
     approximately 10%  of marriages in Alaska.  But the two                                                                    
     witness  requirement  makes  Alaska a  less  attractive                                                                    
     location for many  who travel from farther  away or who                                                                    
     do not want  the financial burden of  a larger wedding.                                                                    
     Couples  who  come  to  the  state  without  their  own                                                                    
     witnesses are tasked with  finding strangers to witness                                                                    
     their wedding. The burden  of supplying these witnesses                                                                    
     often  falls  to  those to  work  in  Alaska's  wedding                                                                    
     industry  who ask  friends and  family  to witness  the                                                                    
     weddings of  their out-of-town clients.  The additional                                                                    
     witness  requirement   can  also  place   an  increased                                                                    
     financial  burden on  the couple.  For  example, for  a                                                                    
     remote location wedding, such as  a glacier, the couple                                                                    
     must  pay   extra  seating   costs  to   transport  the                                                                    
     witnesses.                                                                                                                 
                                                                                                                                
     At present, destination weddings  bring in an estimated                                                                    
     $1  million  in  revenue  to  Alaska  in  the  form  of                                                                    
     approximately  500 destination  weddings  a year.  This                                                                    
     revenue figure  doesn't even account for  the fact that                                                                    
     more than 90%  of the out-of-state couples  who come to                                                                    
     Alaska  to  get married  stay  for  days and  weeks  to                                                                    
     explore  our  great  state. The  resulting  benefit  to                                                                    
     Alaska's tourism industry is substantial.                                                                                  
                                                                                                                                
REPRESENTATIVE CLAMAN  stated that  a House floor  amendment also                                                               
changed Alaska law  relating to child marriage.  It addresses the                                                               
growing  concern about  the relationship  between child  marriage                                                               
and human  and sex  trafficking. He  emphasized that  reducing or                                                               
eliminating  child marriage  in Alaska  is an  important step  in                                                               
improving  public  safety,  and   it  better  reflects  community                                                               
values.                                                                                                                         
                                                                                                                                
1:38:14 PM                                                                                                                    
BREANNA KAKARUK, Staff, Representative  Matt Claman, Alaska State                                                               
Legislature,  Juneau, Alaska,  presented  the sectional  analysis                                                               
for HB 62:                                                                                                                      
                                                                                                                                
                          House Bill 62                                                                                       
                 Sectional Analysis  Version B.A                                                                              
                                                                                                                                
     Section 1                                                                                                                
     AS  24.60.030(a). Prohibited  conduct and  conflicts of                                                                    
     interest. Amends the Legislative  Ethics Act to allow a                                                                    
     legislator  to   accept  travel  and   hospitality  for                                                                    
     solemnizing a marriage.                                                                                                    
                                                                                                                                
     Section 2                                                                                                                
     AS  25.05.301. Form  of  solemnization. Eliminates  the                                                                    
     requirement   of   two    witnesses   at   a   marriage                                                                    
     solemnization   ceremony   and   adds  a   person   who                                                                    
     "verifies" the marriage by  (1) communicating with both                                                                    
     parties  to  confirm their  intent  to  marry; and  (2)                                                                    
     signing the marriage  certificate. The person verifying                                                                    
     the marriage is not required to witness the ceremony.                                                                      
                                                                                                                              
     Section 3                                                                                                                
     AS 25.05.321. Certificates.  Eliminates the requirement                                                                    
     for two witnesses to sign  the marriage certificate and                                                                    
     adds a  person who  "verifies" the marriage  by signing                                                                    
     the marriage certificate.                                                                                                  
                                                                                                                                
     Section 4                                                                                                                
     AS 25.05.321.  Certificates. Specifies that  the person                                                                    
     solemnizing the  marriage and the person  verifying the                                                                    
     marriage  must put  their  contact  information on  the                                                                    
     certificate forms.                                                                                                         
                                                                                                                                
     Section 5                                                                                                                
     AS  25.05.361.  Unlawful   solemnization  of  marriage.                                                                    
     Deletes  language  to  conform  with  changes  made  in                                                                    
     section 2 of the bill.                                                                                                     
                                                                                                                                
     Section 6                                                                                                                
     Repeals  AS  25.05.041(a)(3) and  (a)(5)statutes   that                                                                    
     relate  to marriage  witnessesto  conform  with changes                                                                    
     made in section 2 of the bill.                                                                                             
                                                                                                                                
     Repeals  AS  25.05.171(b)the   statute  that  allows  a                                                                    
     superior court  judge to grant permission  for a person                                                                    
     who has reached the age of  14, but is under the age of                                                                    
     18, to  marry. The  effect of this  repeal is  to limit                                                                    
     child marriage  to individuals who  are 16 or  17 years                                                                    
     old  and  have parental  consent  as  set forth  in  AS                                                                    
     25.05.171(a).                                                                                                              
                                                                                                                                
1:40:19 PM                                                                                                                    
CHAIR WILSON  asked the sponsor  to walk through the  process for                                                               
two people  to get married  should this  bill pass, and  how that                                                               
changes the current practice.                                                                                                   
                                                                                                                                
1:40:38 PM                                                                                                                    
REPRESENTATIVE  CLAMAN   said  he  could  provide   his  personal                                                               
experience as an elected official  who officiated a marriage. The                                                               
two individuals got  a marriage license from the  Bureau of Vital                                                               
Statistics  and he  performed the  ceremony.  Afterward, the  two                                                               
individuals signed  the certificate,  he signed as  the officiant                                                               
and solemnizer  of the  marriage, and  two witnesses  signed. The                                                               
wedding  couple may  or may  not  know the  witnesses, but  those                                                               
signatures did not appear on  the certificate. The difference now                                                               
is that  the second person  to sign the certificate,  in addition                                                               
to the  person solemnizing  the marriage  would be  the verifier.                                                               
Because a  lot of weddings  now take  place on mountain  tops and                                                               
other  not readily  available locations,  the  verifier can  sign                                                               
after the  ceremony. They  do not  need to  be present,  but they                                                               
must sign  soon after  the ceremony.  The certificate  would have                                                               
the names  of the verifier  and solemnizer  as well as  all their                                                               
contact information, which  would be helpful if  somebody were to                                                               
dispute the marriage.                                                                                                           
                                                                                                                                
1:42:22 PM                                                                                                                    
CHAIR  WILSON referenced  Section 2  and asked  what requirements                                                               
the person verifying the marriage had to fulfill.                                                                               
                                                                                                                                
REPRESENTATIVE  CLAMAN answered  that  a verifier  has  to be  18                                                               
years of age or older.                                                                                                          
                                                                                                                                
CHAIR WILSON asked if they verify  the intent, but not the actual                                                               
wedding.                                                                                                                        
                                                                                                                                
REPRESENTATIVE   CLAMAN  answered   yes;   it's   an  effort   to                                                               
accommodate  weddings that  take place  on top  of a  mountain or                                                               
some other out of the way place  that may be costly to reach. The                                                               
verifier  would need  to talk  with the  couple either  before or                                                               
after the  ceremony to ensure  that both parties intend  to marry                                                               
the  other.  Presuming they  did,  the  verifier could  sign  the                                                               
certificate  before  or after  the  ceremony,  but would  not  be                                                               
required to attend.                                                                                                             
                                                                                                                                
SENATOR REINBOLD noted  that the sponsor had worked  on the issue                                                               
for years and questioned why he thought it was so important.                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN offered his belief  that marriage is one of                                                               
the greatest  things a person  ever does, and  he sees this  as a                                                               
way  that the  state can  help make  this a  memorable experience                                                               
instead of one fraught with  problems associated with getting the                                                               
right paperwork. He  said he tends to agree with  the notion that                                                               
the state should not be  involved in marriage ceremonies, but the                                                               
state does get involved when  there is a divorce because churches                                                               
are not  good at handling  dissolutions. He related that  when he                                                               
introduced this bill,  a wedding photographer called  to say that                                                               
the bill was  a way to demonstrate that Alaska  is ready and open                                                               
for business. The  problem he's experienced is  that couples want                                                               
to  fly to  the  top of  a  mountain in  a  helicopter for  their                                                               
wedding ceremony  and they  want help  with the  requirement that                                                               
they must pay for two extra seats for the verifiers.                                                                            
                                                                                                                                
1:45:02 PM                                                                                                                    
SENATOR  COSTELLO asked  him to  describe  the repealed  sections                                                               
listed on  page 6, line 2,  and the amendment that  passed on the                                                               
House floor.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN  explained  that AS  25.05.171(b)  is  the                                                               
procedure  for the  court to  approve someone  to marry  when the                                                               
person is  at least 14  years of age but  under 18 years  of age.                                                               
This currently  comes up  in two situations  but the  courts have                                                               
not had  this come up  for more than a  decade. In 2007  and 2008                                                               
there  were  five  or  six  cases  that  come  up  seeking  court                                                               
authorization to  marry and  he recalled that  two or  three were                                                               
approved and the same number were dismissed.                                                                                    
                                                                                                                                
1:46:22 PM                                                                                                                    
SENATOR HUGHES joined the committee.                                                                                            
                                                                                                                                
CHAIR WILSON  asked whether it  wouldn't more  accurately reflect                                                               
the intent  for the new language  in Section 2 to  talk about the                                                               
person verifying  the intent  of the  marriage instead  of simply                                                               
the person verifying  the marriage. He also  questioned why there                                                               
shouldn't be two people to verify  the intent instead of just the                                                               
one.                                                                                                                            
                                                                                                                                
REPRESENTATIVE CLAMAN  acknowledged that  he had  quite a  lot of                                                               
discussion  with Representative  Vance  about  the importance  of                                                               
having two witnesses and whether  that was in scripture. The bill                                                               
calls  two  witnesses;  one  is the  person  who  officiates  the                                                               
wedding and the other is the verifier.                                                                                          
                                                                                                                                
SENATOR HUGHES expressed  concerned that the verifier  may or may                                                               
not  know that  they are  supposed  to communicate  with the  two                                                               
people  getting married  to ensure  that they  know what  they're                                                               
doing,  which is  that  each  party intends  to  marry the  other                                                               
party.                                                                                                                          
                                                                                                                                
1:48:19 PM                                                                                                                    
REPRESENTATIVE  CLAMAN said  he  believes that  a  person who  is                                                               
verifying a marriage would not be  willing to sign their name and                                                               
give all  their contact information  without knowing  why they're                                                               
doing so.                                                                                                                       
                                                                                                                                
SENATOR  HUGHES  said her  concern  is  that the  couple  getting                                                               
married might be  less than forthcoming when they  ask someone to                                                               
verify their  marriage. They  might simply show  a photo  and ask                                                               
somebody to verify that they got  married. She asked if the state                                                               
has  a standard  form  for  proof of  marriage  and,  if so,  she                                                               
wondered whether  it should have  a statement that  verifying the                                                               
marriage  includes having  a conversation  with the  couple about                                                               
their intent.                                                                                                                   
                                                                                                                                
1:49:41 PM                                                                                                                    
REPRESENTATIVE  CLAMAN answered  that the  current form  does not                                                               
have  such  a  statement  and  he didn't  think  there  was  much                                                               
confusion about what people mean to do when they get married.                                                                   
What often happens  today when it's a destination  wedding on top                                                               
of a mountain,  the couple solicits witnesses by  offering a free                                                               
flight. The witnesses go to  the wedding and sign the certificate                                                               
but they do  not give any identifying information so  there is no                                                               
guarantee  they could  be found  later  if there  was a  question                                                               
about the marriage.                                                                                                             
                                                                                                                                
SENATOR HUGHES asked  if the state has a standard  form to verify                                                               
the wedding  and, if so, whether  he would agree to  the language                                                               
she described earlier about the obligation of being a verifier.                                                                 
                                                                                                                                
1:51:41 PM                                                                                                                    
REPRESENTATIVE CLAMAN  replied that  there is  a state  form, but                                                               
the statute  also allows churches  or congregations to  use their                                                               
own form  as long  as it  has the same  basic information  as the                                                               
state  form.  If  the minimum  requirements  are  fulfilled,  the                                                               
marriage certificate can be issued  by the religious institution.                                                               
He opined  that adding  language to the  state form  might create                                                               
unnecessary challenges.                                                                                                         
                                                                                                                                
SENATOR HUGHES  offered her view  that it  would be wise  for the                                                               
state  and church  form to  have  the information  about what  it                                                               
means to verify  a marriage ceremony. In light of  the huge issue                                                               
associated  with  human  and  sex   trafficking,  she  said  it's                                                               
important for  the verifier to  know that neither party  is being                                                               
forced  into  a marriage.  She  suggested  having a  conversation                                                               
offline because,  "Putting forward  laws and having  something in                                                               
our   statutes  both   that  people   don't   know  and   they're                                                               
inadvertently  breaking  the  law,  I  don't  think  that's  good                                                               
practice."                                                                                                                      
                                                                                                                                
SENATOR  REINBOLD asked  the sponsor  if he  had seen  the letter                                                               
from Alaska Family Action Council.                                                                                              
                                                                                                                                
CHAIR WILSON  advised that the  letter just  came in and  had not                                                               
been uploaded to BASIS.                                                                                                         
                                                                                                                                
1:54:00 PM                                                                                                                    
SENATOR REINBOLD relayed that the  letter includes a reference to                                                               
Representative Johnson's  point that  Alaska's marriage  laws are                                                               
inconsistent.  A 14-year-old  is  able to  get contraceptives  or                                                               
even an abortion without parental  consent or knowledge, but they                                                               
can't  get  married even  with  parental  consent. She  said  she                                                               
supports  efforts  to  prevent  sex  trafficking  and  asked  the                                                               
sponsor if that was his primary intent.                                                                                         
                                                                                                                                
1:55:32 PM                                                                                                                    
REPRESENTATIVE  CLAMAN  said  the child  marriage  provision  was                                                               
added  in a  house floor  amendment and  he fully  supports those                                                               
efforts.  It's   a  positive  step  toward   preventing  all  sex                                                               
trafficking.                                                                                                                    
                                                                                                                                
1:56:04 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
1:58:08 PM                                                                                                                    
CHAIR WILSON  reconvened the meeting  and advised that  copies of                                                               
the letter  that Senator Reinbold mentioned  would be distributed                                                               
to  committee  members and  the  sponsor  and  it would  also  be                                                               
uploaded to BASIS.  He noted that the sponsor  had other pressing                                                               
business and asked if he had any closing remarks.                                                                               
                                                                                                                                
REPRESENTATIVE CLAMAN thanked the chair  for hearing the bill and                                                               
expressed appreciation for the questions.                                                                                       
                                                                                                                                
1:59:08 PM                                                                                                                    
CHAIR WILSON opened invited testimony.                                                                                          
                                                                                                                                
                                                                                                                                
1:59:21 PM                                                                                                                    
JOE  CONNELLY,  Owner,   Chugach  Peaks  Photography,  Anchorage,                                                               
Alaska, stated  that he  supports the  amendment to  increase the                                                               
age for marriage,  but his testimony was  about the long-standing                                                               
requirement  to have  two  witnesses at  a  wedding ceremony.  He                                                               
stated that  he had been  photographing weddings since  2006, and                                                               
in 2019  he approached  Representative Claman  for help  with the                                                               
burdensome issue  of requiring  two witnesses  at a  marriage. He                                                               
related  that 400-500  people come  to  Alaska each  year to  get                                                               
married, and many do not bring  family or friends. There are also                                                               
up to  4,500 weddings of  local Alaskans each year,  many without                                                               
family or friends present.                                                                                                      
                                                                                                                                
MR. CONNELLY  opined that requiring  two witnesses to  be present                                                               
at  a  wedding is  an  unfair  burden  that  often falls  on  the                                                               
marriage  commissioner or  pastor. This  is who  is often  tasked                                                               
with finding two witnesses to  fulfill the state requirement. The                                                               
witnesses are doing it as a favor to the officiant.                                                                             
                                                                                                                                
MR.  CONNELLY pointed  out that  many people  choose Alaska  as a                                                               
destination  for  their wedding  because  of  its remoteness  and                                                               
scenic beauty. The state has made  it easy for anyone who is over                                                               
age 18  and of sound  mind to  perform a marriage  ceremony. They                                                               
only need to  make a quick visit  to the court to pick  up a one-                                                               
day marriage  commissioner license.  But then the  state proceeds                                                               
to  make it  difficult  when it  says the  couple  must find  two                                                               
people  to  go  along  to witness  the  ceremony,  regardless  of                                                               
location  and  the  cost  and difficulty  of  getting  there.  He                                                               
described this  as an unfair  limitation on people's  choices and                                                               
freedom that  serves no  purpose. The  person who  is solemnizing                                                               
the wedding  already has recognized  that the couple wants  to be                                                               
married and  are doing  so willingly. The  witnesses may  well be                                                               
perfect  strangers who  do not  give any  identifying information                                                               
and probably couldn't be found  later if they are indeed supposed                                                               
to  serve as  a  backup in  case the  marriage  license is  lost.                                                               
Instead,  the  officiant or  the  verifier  could serve  in  that                                                               
capacity.                                                                                                                       
                                                                                                                                
MR.  CONNELLY concluded  his testimony,  urging the  committee to                                                               
pass HB  62 thereby eliminating  the requirement for  two witness                                                               
to be present at a marriage ceremony.                                                                                           
                                                                                                                                
2:05:51 PM                                                                                                                    
DAWN  TYREE, Founding  Member, National  Coalition  to End  Child                                                               
Marriage in  the United States,  Kodiak, Alaska, stated  that she                                                               
is  a survivor  of  child  marriage. After  two  years of  sexual                                                               
assault,  she was  forced to  marry  her abuser  when she  became                                                               
pregnant. She  was expecting  her second child  when she  was 14,                                                               
and at age  16 she decided to flee the  marriage. Because she was                                                               
a minor  she could not  go to a women's  shelter or rent  a hotel                                                               
room  and  she  couldn't  go  to her  parents  because  they  had                                                               
disowned her for leaving the  marriage. She had nobody to provide                                                               
child care  or help her get  on her feet. When  the court allowed                                                               
her [ex-husband]  to have unsupervised visits  with her children,                                                               
she decided to risk going to  jail and losing her children to get                                                               
away  from her  abuser and  protect  her children.  They fled  to                                                               
Kodiak, and  for the first time  she didn't feel she  had to look                                                               
over her shoulder. she was transported across state lines.                                                                      
                                                                                                                                
MS. TYREE asked the legislature  to join the national movement to                                                               
end child marriage, which is connected to human trafficking.                                                                    
                                                                                                                                
2:08:54 PM                                                                                                                    
SENATOR  COSTELLO  thanked her  for  providing  her personal  and                                                               
powerful testimony  and her  leadership in  trying to  help other                                                               
young girls who are in similar situations.                                                                                      
                                                                                                                                
SENATOR  REINBOLD stated  that she  would support  any bill  that                                                               
stops what  Ms. Tyree  was forced to  experience. She  also asked                                                               
Ms. Tyree to email her recommendations to improve the bill.                                                                     
                                                                                                                                
2:11:23 PM                                                                                                                    
CHAIR  WILSON  advised that  written  testimony  can be  sent  to                                                               
[email protected], and it will be  distributed to the members become                                                               
part of the record.                                                                                                             
                                                                                                                                
2:12:07 PM                                                                                                                    
RIMI NASHASHIBI, Founder and President,  Global Hope 365, Tustin,                                                               
California,  summarized her  prepared testimony  that is  on file                                                               
and  posted to  BASIS. She  urged  the committee  to support  the                                                               
current version  of HB  62, and  to take  the additional  step of                                                               
raising  the minimum  age of  marriage to  18 years  old with  no                                                               
exceptions.  She  related  that  Global Hope  365  is  a  501(c)3                                                               
nonprofit whose focus  is to end harmful  practices against women                                                               
and girls  such as child  marriage, human trafficking,  and other                                                               
forms   of   gender-based   violence  perpetrated   locally   and                                                               
nationally.                                                                                                                     
                                                                                                                                
The current  version of HB  62 harms  no one, costs  nothing, and                                                               
ends the specific form of child  abuse that is child marriage. It                                                               
can be a coverup for statutory  rape tied to human trafficking or                                                               
sexual exploitation; shield parents  who are abusive, neglectful,                                                               
or unfit;  and help  parents avoid  further responsibility  for a                                                               
child.                                                                                                                          
                                                                                                                                
Child  marriage  is  a  serious  problem in  the  US  today.  She                                                               
reported that  between 2000  and 2018,  more than  300,000 minors                                                               
were  married,  mostly  girls  married to  adult  men.  About  88                                                               
percent of these marriages prevented  these would be rapists from                                                               
going to  jail under  state law  that specifically  allows within                                                               
marriage would otherwise be statutory rape.                                                                                     
                                                                                                                                
According to  the Alaska Bureau  of Vital Statistics  2020 annual                                                               
report, 2,113 people  between the ages of 15 and  19 were married                                                               
between  2016 and  2020. She  emphasized that  children lack  the                                                               
rights,  knowledge,  and  resources   of  adults,  and  are  more                                                               
vulnerable  to  coercion  and   exploitation.  Thus,  many  child                                                               
marriages are  forced or coverups for  other abuse, exploitation,                                                               
and crime such as statutory rape and human trafficking.                                                                         
                                                                                                                                
MS.  NASHASHIBI cited  some statistics  and findings  about child                                                               
marriage:                                                                                                                       
                                                                                                                                
    • Young women and girls ages 16 to 19 face intimate partner                                                                 
     violence   victimization  rates   almost  three   times  the                                                               
     national average  and experience 37 percent  higher rates of                                                               
     living in poverty.                                                                                                         
    • Girls who marry early are 50 percent more likely to drop                                                                  
     out of  high school and  four times less likely  to graduate                                                               
     from college.                                                                                                              
    • Minors are more likely to suffer both mental and physical                                                                 
     abuse  by  their  husbands,  and  the  trauma  can  be  long                                                               
     lasting.                                                                                                                   
    • The American Medical Association has called for an end to                                                                 
     child marriage  as it  is associated  with higher  rates of:                                                               
     infant   and   maternal  mortality,   sexually   transmitted                                                               
     infections, early  pregnancy, divorce, and  intimate partner                                                               
     violence than women married at age 21.                                                                                     
                                                                                                                                
MS. NASHASHIBI  reported that the Trafficking  Victims Protection                                                               
Act of 2008 provides the  following definition of severe forms of                                                               
sex and labor trafficking:                                                                                                      
                                                                                                                                
     [when] a commercial sex act is induced by force,                                                                           
     fraud, or coercion, or [when] the person induced to                                                                        
     perform such an act has not attained 18 years of age;                                                                      
                                                                                                                                
She  stated that  even  though federal  trafficking  laws do  not                                                               
define forced  sex within a  forced marriage as a  commercial sex                                                               
act,  "human  trafficking"  arguably  can  describe  some  forced                                                               
marriages. Elements of forced labor  may also be present in cases                                                               
of servile marriage.  According to reports of  sex trafficking to                                                               
the National Human Trafficking hotline,  in 2019 the top two ways                                                               
sex  trafficking victims  were  recruited  were through  intimate                                                               
partners or family members.                                                                                                     
                                                                                                                                
MS.  NASHASHIBI   concluded  her  testimony,  reading   the  last                                                               
paragraph of her prepared testimony:                                                                                            
                                                                                                                                
     HB  62,  as  amended,  harms  no  one,  but  saves  our                                                                    
     children   from   this   type  of   child   abuse   and                                                                    
     exploitation. I implore you to  please vote in favor of                                                                    
     HB 62, as  amended, and go one step  further by raising                                                                    
     the  minimum  age of  marriage  to  18, no  exceptions.                                                                    
     Holding firm on  the minimum age of marriage  to 18, no                                                                    
     exceptions has  the effect of protecting  those who are                                                                    
     most  vulnerable  to  being   forced  or  coerced  into                                                                    
     marriage, namely  children. You have within  your power                                                                    
     the ability to  make Alaska a national  leader in child                                                                    
     protection,  joining a  growing  number  of states  and                                                                    
     territories that have eliminated  child marriage in the                                                                    
     past five years.                                                                                                           
                                                                                                                                
2:16:39 PM                                                                                                                    
SENATOR  REINBOLD expressed  appreciation  for her  work and  the                                                               
excellent testimony.                                                                                                            
                                                                                                                                
CHAIR WILSON thank the individuals who were invited to testify.                                                                 
                                                                                                                                
2:17:08 PM                                                                                                                    
CHAIR WILSON public testimony on HB 62.                                                                                         
                                                                                                                                
2:17:28 PM                                                                                                                    
FRAIDY REISS, Founder and Executive  Director, Unchained At Last,                                                               
Westfield, New Jersey, stated that  she is a published expert and                                                               
service provider  who helps forced  and child  marriage survivors                                                               
escape their situations.  She urged the committee to  amend HB 62                                                               
to eliminate all marriage before  age 18, with no exceptions. She                                                               
emphasized that marriage at age 16  or 17 is just as dangerous as                                                               
marriage  at age  14  or  15. She  highlighted  that current  law                                                               
provides no  recourse for a  minor whose parents force  them into                                                               
marriage,  and that  the parents  are  usually the  perpetrators.                                                               
There  is nothing  the court  can do  once the  parents sign  the                                                               
consent  form.  Shelters  turn   minors  away  due  to  liability                                                               
concerns and any contract with an attorney is likely voidable.                                                                  
                                                                                                                                
MS.  REISS  stated  that  the  US  State  Department  categorizes                                                               
marriage for  even for the  most mature  minor as a  human rights                                                               
abuse.  It  can  have  devastating  and  life-long  repercussions                                                               
affecting   health,   education,  economic   opportunities,   and                                                               
physical safety.  Alaska law states  that a minor who  is married                                                               
is automatically  emancipated, which  typically forces  the child                                                               
to become financially  dependent on their spouse.  Between 70 and                                                               
80 percent of  marriages before age 18 end in  divorce, which can                                                               
then lead  to homelessness.  She highlighted  that 99  percent of                                                               
the minors who marry in Alaska are  age 16 or 17. This means that                                                               
811 of  the 823  minors who  married in  Alaska between  2000 and                                                               
2020 were  age 16 or  17. As currently  written, HB 62  will only                                                               
protect one percent of the minors  it seeks to protect. She noted                                                               
the unusual  military exceptions  to marriage  in Alaska  law and                                                               
urged the committee to amend HB  62 to raise the age for marriage                                                               
to  18  with no  exceptions,  thereby  ending child  marriage  in                                                               
Alaska.                                                                                                                         
                                                                                                                                
2:20:22 PM                                                                                                                    
SENATOR REINBOLD requested the names  and contact information for                                                               
the last two testifiers.                                                                                                        
                                                                                                                                
CHAIR   WILSON  agreed   to   share  the   list   of  names   and                                                               
organizations, and informed the  testifiers that they could reach                                                               
out to Senator Reinbold at their discretion.                                                                                    
                                                                                                                                
MS. REISS said she was happy to do so.                                                                                          
                                                                                                                                
2:21:21 PM                                                                                                                    
REVERAND   CIAN  MULHERN,   Senior  Pastor,   Celtic  Ministries,                                                               
Wasilla,  Alaska,  stated  that  he performs  about  150  wedding                                                               
ceremonies  each  year,  90  percent  of  which  are  destination                                                               
weddings. He  agreed with Mr.  Connelly that most of  the couples                                                               
do not bring family or friends  to participate in the wedding. He                                                               
noted the  previous testimony about witnesses  and the discussion                                                               
about a  verifier and questioned  how a person could  verify that                                                               
two people  got married if they  did not attend the  marriage. He                                                               
said he  did not agree  with the current two  witness requirement                                                               
since other states  require just the officiant and  the couple to                                                               
be  present. He  pointed out  that when  a couple  applies for  a                                                               
marriage  license with  the  Bureau of  Vital  Statistics or  the                                                               
court, their signatures  at that time are  notarized or verified,                                                               
which indicates  that the people understand  the implications and                                                               
importance of  what they are  doing. He  said he didn't  know why                                                               
there was  need for  a witness  because they  don't need  to give                                                               
their identifying information.                                                                                                  
                                                                                                                                
REVERAND MULHERN stated support for  the current version of HB 62                                                               
that includes the amendment to end child marriage.                                                                              
                                                                                                                                
2:24:04 PM                                                                                                                    
ALEX  GOYETTE, Senior  Public Policy  Associate, Tahirih  Justice                                                               
Center  (Tahirih),  Virginia,  Alaska,   stated  that  TJC  is  a                                                               
national  legal   services  organization  that  works   with  the                                                               
survivors   of   domestic   violence,   sexual   assault,   human                                                               
trafficking,  and other  forms of  abuse that  generate violence,                                                               
including  forced  marriage.  He relayed  that  Tahirih's  forced                                                               
marriage  initiative has  helped  hundreds of  people  in the  US                                                               
faced with forced  marriage. This includes people  in Alaska and,                                                               
unfortunately, many children. He  highlighted that children under                                                               
age 18  are particularly vulnerable  to forced marriage  and have                                                               
limited options to  escape or protect themselves  because they do                                                               
not have the legal rights of an adult.                                                                                          
                                                                                                                                
MR.  GOYETTE  stated  that forced  marriages  in  particular  can                                                               
involve both  physical violence and extreme  psychological abuse.                                                               
When the  parent is the  one being coercive, marriage  can appear                                                               
to  be  the  only  option  for a  very  dependent  teen.  Tahirih                                                               
appreciates  the amendment  that  increases the  age of  marriage                                                               
from 14 to  16, but urges the  committee to do more  to end child                                                               
marriage by  setting the  age for marriage  to 18.  Most children                                                               
who  marry in  Alaska  are age  16  and 17  but  the state  still                                                               
considers them children so they  have the limited legal rights of                                                               
children.  This makes  it  difficult and  dangerous  to resist  a                                                               
forced marriage or leave an abusive spouse.                                                                                     
                                                                                                                                
MR.  GOYETTE cited  reasons that  current Alaska  law poses  such                                                               
serious child protection concerns:                                                                                              
                                                                                                                                
   1. The parental consent exception may conceal parental                                                                       
     coercion.                                                                                                                  
   2. Alaska not only has the lowest minimum age for marriage of                                                                
     any state  statute, but also  falls below the  state's legal                                                               
     age  of  consent to  have  sex.  Combined with  the  state's                                                               
     spousal defense  for statutory rape, the  current law serves                                                               
     as a workaround for sexual predators.                                                                                      
                                                                                                                                
MR. GOYETTE stated that the current version  of HB 62 is a step in the                                                          
right direction, but  more can and should be done  to protect Alaska's                                                          
children by  raising the age for  marriage to 18, with  no exceptions.                                                          
This will end child marriage.                                                                                                   
                                                                                                                                
2:26:21 PM                                                                                                                    
GENEVIEVE  MEYER, Co-Founder,  Resiliency Foundation  Fort Wayne,                                                               
Indiana, stated that  the foundation works to  end child marriage                                                               
and support survivors like herself.  She described her supportive                                                               
and  fulfilling marriage  of 15  years but  said this  wasn't her                                                               
first marriage. She shared her story reading the following:                                                                     
                                                                                                                                
     At the age of 15,  a 43-year-old alcoholic, unemployed,                                                                    
     twice divorced  father of two  began to prey on  me. My                                                                    
     mother  called  the  police  and  pressed  charges.  He                                                                    
     bailed  out quickly  and  got to  work  to convince  my                                                                    
     mentally ill mother to let him marry me.                                                                                   
                                                                                                                                
     Before this  man even made  it to his  court appearance                                                                    
     over charges of  lewd acts against me,  he convinced my                                                                    
     mother that I was the aggressor  at the age of 14, that                                                                    
     I was troubled  and that only he could save  me. He was                                                                    
     determined to  not only  escape any  legal consequences                                                                    
     for his actions, but to  also obtain a child bride that                                                                    
     he   could   control   and  violate   without   further                                                                    
     consequences.                                                                                                              
                                                                                                                                
     I  was then  drug  to four  different  states over  the                                                                    
     course of several weeks. We  were finally married, just                                                                    
     the two of  us in a county courthouse.  We arrived home                                                                    
     to an eviction  notice on the door of  his trailer. The                                                                    
     charges  were  dropped  against him,  and  I  began  my                                                                    
     sentence  which lasted  until  I  could escape  several                                                                    
     years later.                                                                                                               
                                                                                                                                
                                th                                                                                              
     My  education stopped  at 8   grade, I  had no  control                                                                    
     over my body,  I could not access a doctor  or any kind                                                                    
     of family  planning. I worked  as much as  I physically                                                                    
     could  in "under  the radar"  jobs  because I  couldn't                                                                    
     apply for a  work permit and I wasn't old  enough to be                                                                    
     legally employed  by anybody. And still  went hungry; I                                                                    
     couldn't  purchase things  like shampoo  and toothpaste                                                                    
     on a regular  basis. By our second  anniversary I began                                                                    
     contemplating if  I had  the will  to keep  fighting to                                                                    
     survive or to  end my life. Being a minor,  I could not                                                                    
     file for divorce  or live on my own and  death began to                                                                    
     look like  my only  way out. I  couldn't drive  and was                                                                    
     completely  isolated. He  would encourage  me to  drink                                                                    
     alcohol and  to use drugs  to "chill out." I  knew that                                                                    
     if I began  using drugs, I would never make  it out and                                                                    
     refused over and over again.                                                                                               
                                                                                                                                
MS. MEYER continued her testimony:                                                                                              
                                                                                                                                
     It took  me decades  to recover  mentally, emotionally,                                                                    
     and physically  from this  traumatic experience.  I had                                                                    
     to relearn how to be  in a normal healthy relationship,                                                                    
     to trust again and to not be terrified all the time.                                                                       
                                                                                                                                
     If I  had been married  at 16 or 17,  the circumstances                                                                    
     and consequences would  have been the same,  only for a                                                                    
     shorter period of time.                                                                                                    
                                                                                                                                
     This  is the  reality of  child marriage  today. It  is                                                                    
     used to cover  up abuse, traffic, children  and evil in                                                                    
     general. The data  grossly underrepresents child brides                                                                    
     quietly suffering  across our  nation. We  are isolated                                                                    
     but we are not invisible,  we are hiding in plain sight                                                                    
     all around you.                                                                                                            
                                                                                                                                
     My first  marriage was not  a marriage,  child marriage                                                                    
     and these sick  excuses for abuse and  violation make a                                                                    
     mockery of the beauty that  is marriage. Please help us                                                                    
     close this  loophole so that  not one single  girl must                                                                    
     live through the nightmare that I did.                                                                                     
                                                                                                                                
     I  am  asking today  on  behalf  of myself,  my  fellow                                                                    
     sisters who  cannot speak up,  the older  church ladies                                                                    
     who tell me  that even though they  married young, it's                                                                    
     not the  same today.  Please raise  the minimum  age to                                                                    
     marry  in  Alaska  to 18-years-of-age,  no  exceptions,                                                                    
     because none of us are safe until all of us are safe.                                                                      
                                                                                                                                
CHAIR WILSON thanked her for her testimony.                                                                                     
                                                                                                                                
2:30:45 PM                                                                                                                    
SENATOR  COSTELLO  stated  that  the  committee  appreciates  the                                                               
courage it took to testify today and share your story.                                                                          
                                                                                                                                
CHAIR  WILSON  advised  that  the  committee  was  not  currently                                                               
considering  an   amendment  to   HB  62   but  one   was  likely                                                               
forthcoming.  He  asked  the  sponsor   to  provide  his  written                                                               
comments on the  suggested amendment to raise the  minimum age of                                                               
marriage in Alaska to 18.                                                                                                       
                                                                                                                                
2:31:49 PM                                                                                                                    
CHAIR WILSON held CSHB 62(JUD) am in committee.                                                                                 
                                                                                                                                
2:32:34 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair  Wilson adjourned  the Senate  Health  and Social  Services                                                               
Standing Committee meeting at 2:32 p.m.                                                                                         

Document Name Date/Time Subjects
HB 62 Sponsor Statement v. B.A 3.23.2022.pdf SHSS 4/5/2022 1:30:00 PM
HB 62
HB 62 Summary of Changes v. A to v. B.A 3.23.2022.pdf SHSS 4/5/2022 1:30:00 PM
HB 62
HB 62 Supporting Testimony - Received as of 3.18.2022.pdf SHSS 4/5/2022 1:30:00 PM
HB 62
HB 62 Sectional Analysis v. B.A 3.23.2022.pdf SHSS 4/5/2022 1:30:00 PM
HB 62
HB 62 Testimony 3.24.pdf SHSS 4/5/2022 1:30:00 PM
HB 62
HB 62 Supporting Document - Marriages, Alaska Residency Status (2016-2020) 4.5.2022.pdf SHSS 4/5/2022 1:30:00 PM
HB 62
Testimony in support of AK HB 62 as amended by Rima Nashashibi 4 (2).pdf SHSS 4/5/2022 1:30:00 PM
HB 62
HB 62 Testimony 4.4.22.pdf SHSS 4/5/2022 1:30:00 PM
HB 62
L.WILSON.HB.62.pdf SHSS 4/5/2022 1:30:00 PM
HB 62