Legislature(2021 - 2022)BUTROVICH 205
05/13/2022 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB62 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 62 | TELECONFERENCED | |
| += | HB 325 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
May 13, 2022
1:35 p.m.
MEMBERS PRESENT
Senator Roger Holland, Chair
Senator Mike Shower, Vice Chair
Senator Shelley Hughes
Senator Robert Myers
Senator Jesse Kiehl
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE 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."
- MOVED SCS CSHB 62(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 325
"An Act relating to domestic violence."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 62
SHORT TITLE: MARRIAGE: WITNESSES/SOLEMNIZATION/CONSENT
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) -- MEETING CANCELED --
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
04/05/22 (S) Heard & Held
04/05/22 (S) MINUTE(HSS)
04/19/22 (S) HSS AT 1:30 PM BUTROVICH 205
04/19/22 (S) Heard & Held
04/19/22 (S) MINUTE(HSS)
04/26/22 (S) HSS AT 1:30 PM BUTROVICH 205
04/26/22 (S) Moved SCS CSHB 62(HSS) Out of Committee
04/26/22 (S) MINUTE(HSS)
04/27/22 (S) HSS RPT SCS(HSS) 4NR SAME TITLE
04/27/22 (S) NR: WILSON, REINBOLD, BEGICH, HUGHES
05/06/22 (S) JUD AT 1:30 PM BUTROVICH 205
05/06/22 (S) -- MEETING CANCELED --
05/09/22 (S) JUD AT 1:30 PM BUTROVICH 205
05/09/22 (S) -- MEETING CANCELED --
05/11/22 (S) JUD AT 1:30 PM BUTROVICH 205
05/11/22 (S) Heard & Held
05/11/22 (S) MINUTE(JUD)
05/13/22 (S) JUD AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
LOUIS TOZZI, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 62 if amended to
address emancipated adults.
ALIYA ABBAS, representing self
Burtonsville, Maryland
POSITION STATEMENT: Testified in support of HB 62 if amended to
raise the minimum age for marriage to 18 with no exceptions.
BROOKE IVY, Vice President
Policy and Advocacy (APP)
Alaska Children's Trust
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 62.
SARA TASNEEM, representing self
El Sobrone, California
POSITION STATEMENT: Testified in support of HB 62 if amended to
raise the minimum age for marriage to 18 with no exceptions.
CASEY SWEGMAN, Director of Public Policy
Tahirih Justice Center
Washington, DC
POSITION STATEMENT: Testified in support of HB 62 if amended to
raise the minimum age for marriage to 18 with no exceptions.
DAWN TYREE, representing self
Banks, Oregon
POSITION STATEMENT: Testified in support of HB 62 if amended to
raise the minimum age for marriage to 18 with no exceptions.
ELIZABETH SITTON, representing self,
Los Angeles, California
POSITION STATEMENT: Testified in support of HB 62 if amended to
raise the minimum age for marriage to 18 with no exceptions.
SASHA TAYLOR, representing self
Washington, District of Columbia (DC)
POSITION STATEMENT: Testified in support of HB 62 if amended to
raise the minimum age for marriage to 18 with no exceptions.
REPRESENTATIVE MATT CLAMAN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 62.
ACTION NARRATIVE
1:35:16 PM
CHAIR ROGER HOLLAND called the Senate Judiciary Standing
Committee meeting to order at 1:35 p.m. Senators Myers, Hughes,
Shower, Kiehl, and Chair Holland were present at the call to
order.
HB 62-MARRIAGE: WITNESSES/SOLEMNIZATION/CONSENT
1:35:55 PM
CHAIR HOLLAND 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."
[SCS CSHB 62(HSS) was before the committee. HB 62 was
previously heard on 5/11/2022.]
1:36:19 PM
CHAIR HOLLAND opened public testimony on HB 62.
1:37:18 PM
LOUIS TOZZI, representing self, Anchorage, Alaska, suggested
amending HB 62 to address emancipated adults. He stated that he
had attended a Senate Health and Social Services Committee
hearing on this bill. He expressed concern with the current
version relating to the age of marriage consent. He recalled
Senator Hughes had asked if there was a way to remove bad
actors. Senator Begich had expressed concern that some language
in the bill would affect emancipated minors who wanted to marry.
The current committee substitute, Version I, would allow an
emancipated minor to request a marriage license. He related his
understanding that an emancipated minor age 16 or 17 could
petition the court and ask to be married. The standard in these
statutes differs from the one for an emancipated minor. He
referred to a Legislative Legal Research memo from Alex Foote
[dated 04/18/22], which indicated that emancipated minors have
all of the rights of an adult, except for voting and using
alcoholic beverages. Thus, emancipated minors could marry. He
stated the emancipation statutes are rigorous and designed to
determine whether the person could make adult decisions. He
acknowledged that marriage was an adult decision that had
tremendous ramifications. He offered his view that family or
others often coerce young women into getting married. He related
that after a friend of his testified before SHSS, Senator
Costello had an amendment drafted which would preserve the right
of emancipated minors to marry but otherwise make the minimum
age for marriage 18. Her amendment would not affect emancipated
minors, but it was not offered in that committee. However,
adopting Senator Costellos amendment would create a single
standard for those requesting a marriage license.
CHAIR HOLLAND stated he would request a copy of Senator
Costellos amendment.
1:42:31 PM
ALIYA ABBAS, representing self, Burtonsville, Maryland, stated
that she was a child marriage survivor. She said she was married
to a complete stranger when she was 17 years old without her
consent. She described ways her husband victimized her and the
emotional and physical abuse she had endured. She spoke in
support of HB 62, if the bill raised the minimum age for
marriage to 18, with no exceptions.
1:45:08 PM
BROOKE IVY, Vice President, Policy and Advocacy (APP), Alaska
Children's Trust, Anchorage, Alaska, spoke in support of HB 62
on behalf of the Alaska Children's Trust, a leading statewide
organization focused on abuse and child neglect. She said this
legislation could go further by raising the minimum age to 18.
HB 62 takes an important step toward ending the practice of
child marriage in Alaska. She thanked Representative Rasmussen
for raising this issue and discussing it on the House floor, and
Representative Claman for championing this effort through the
process.
MS. IVY stated that all children deserve to be safe and healthy.
Sadly, Alaska has struggled with some of the nation's highest
rates of child abuse for decades. In particular, child marriage
is frequently used to hide child sexual abuse. Despite the US
State Department announcement addressing child marriage in other
countries, Alaska's antiquated statutes do not reflect this
value. Instead, Alaska's current marriage laws create very real
opportunities for vulnerable children to be coerced into
marrying an abuser. All too often, child sexual abusers in the
US utilize authorized loopholes, such as being able to marry a
14-year-old, to legalize their abuse. There is no single
solution to the complex issue of child sexual abuse, but to
effectively turn the tide on this epidemic, states must deploy
multiple strategies.
1:46:47 PM
MS. IVY stated that while APP firmly supports an even stronger
stance against child marriage, raising the state's minimum age
of consent from 14 to 16 is one clear step in further protecting
Alaska's most important resource, which is Alaska's children.
She urged the committee to support HB 62.
1:47:30 PM
SARA TASNEEM, representing self, El Sobrone, California, spoke
in support of Senator Costello's amendment to HB 62 to raise the
minimum age of marriage to 18, with no exceptions. She said she
is a survivor of forced child marriage. She stated that her
father forced her to marry an older man she did not know when
she was age 15. She related that she suffered financial, sexual,
emotional, and physical abuse in her seven-year marriage and
lifelong trauma and anxiety repercussions and provided examples
to illustrate her suffering.
1:51:38 PM
CASEY SWEGMAN, Director of Public Policy, Tahirih Justice
Center, Washington, DC, stated that the Tahirih Justice Center
is a national legal and social services organization that works
with survivors of gender-based violence, including children
forced into marriage. She spoke in support of HB 62, and for an
amendment drafted by Senator Costello that would raise the
minimum age for marriage to 18.
MS. SWEGMAN stated that since 2011, Tahirih's Forced Marriage
Initiative had served hundreds of individuals facing forced
marriages, given the unique nature of the center's services.
This includes minors and individuals from Alaska. She stated
that children under age 18 are especially vulnerable to forced
marriage and have limited options to escape a violent home or
protect themselves, especially because they lack the legal
rights of an adult. Forced marriages can involve very insidious
forms of coercion, including physical violence, extreme
psychological abuse and threats. When that coercion comes from a
parent, as it often does, marriage can feel like the only option
for a teenage girl who is scared and still very dependent on her
family.
1:52:49 PM
MS. SWEGMAN offered support for the bill that would raise
Alaska's minimum age from 14 to 16 but asked the committee to do
more to protect Alaska's children and end child marriage by
setting the age at 18. Most children who marry are ages 16 and
17, but unfortunately, those few years don't make a big
difference in their legal and practical rights. The state still
considers them children, which makes it far more difficult for
them to resist an unwanted marriage or leave an abusive spouse.
1:53:30 PM
MS. SWEGMAN stated that based on the justice centers research,
the parental consent exception can conceal parental coercion;
and that, combined with the state's docile defense of statutory
rape, roadmaps a workaround for predators. Right now, in Alaska,
it is easy for a host of horrors to lurk behind the marriage of
a minor. Even when marriage was not forced, child marriage sets
minors up for detrimental outcomes on almost every measure,
including mental and physical health, education, and economics.
MS. SWEGMAN urged members to amend HB 62 further by raising the
age of marriage to 18 without exception.
1:54:46 PM
DAWN TYREE, representing self, Banks, Oregon, spoke in favor of
amending HB 62 to raise the minimum marriage age to 18, with no
exceptions. She described herself as a survivor of child
marriage. She related her experience as a minor forced to marry
at age 13. She said she ran away from her husband at 16, taking
her two young children with her to Kodiak, Alaska. She related
the difficulties she had as an emancipated minor trying to find
social services or overnight lodging at shelters. Her husband
continually reported her as a runaway. She was divorced at 17
and received physical custody but no financial support. She
detailed the hardships and lifelong struggles she and her
children suffered, including financial, emotional, and substance
abuse.
1:58:06 PM
ELIZABETH SITTON, Los Angeles, California, said she is a survivor
of forced child marriage. She stated that her family forced her to
marry a 28-year-old man when she was age 16. She described her
circumstances, including that her husband took her out of the
country for two and one-half years and took her passport. She
managed to escape once she returned to the US. She indicated she
has been in therapy to address mental health issues directly
related to the trauma she experienced, yet frequent nightmares
persist. She characterized child marriage as being equivalent to
child trafficking and abuse.
2:00:49 PM
SASHA TAYLOR, representing self, Washington, DC, urged members to
increase the minimum age for marriage to 18, with no exceptions.
She related the details of how her family forced her to submit to
an arranged marriage to a man seven years older than her when she
was age 15 and a sophomore in high school. She was married in
Arizona because the legal age for marriage was 15, with parental
permission. She stated that no child will speak freely when
surrounded by family and pressured into submission. No one
questioned her marriage because it was legal with her parents'
consent. She noted that Arizona has since raised the minimum age
for marriage to 16 with parental permission.
MS. TAYLOR stated that what almost every child marriage victim-
survivor has in common are abuse and their socioeconomic
background. These archaic laws keep the toxic cycle going. She
offered her view that child marriage robbed her of her childhood.
She urged members to stop the exploitation of minors.
2:04:58 PM
CHAIR HOLLAND closed public testimony on HB 62.
2:05:07 PM
SENATOR HUGHES commented that she heard some of the same testimony
in Senate HSS. While what happened to these victims is horrible,
one common theme was that the victims' families condoned the
marriages. She highlighted several safeguards in HB 62. This bill
sets the minimum age for marriage at 16 and limits the other
party's age to not more than three years older. If the person is
under age 18, a judge must approve it, and the minor would have an
opportunity to be heard. She related her understanding that judges
would meet with the minors in a separate room without the parents.
SENATOR HUGHES pointed out that as much as some victims want to
blame the law, many of these victims' families arranged and
condoned the marriages. She surmised that if the couple could not
legally marry because the minor lived in a state that banned child
marriages, the family may have allowed the young girl to be with
the older person anyway. In some instances, the problem stems from
family situations. She stated that in some cases, child marriages
occur because a vulnerable 17-year-old girl falls in love with a
19 or 20-year-old man. She noted that the couple would still need
to go before a judge.
2:07:22 PM
SENATOR SHOWER offered his view that a 16-year-old girl whose
family was threatening her would be afraid to testify against them
in front of the judge. Instead, he offered his view that she would
likely answer the questions the way her family told her to answer
them. He wondered if the bill needed additional safeguards.
2:09:00 PM
SENATOR KIEHL thanked the survivors for their testimony. He said
he grapples with the bill; yet finds that HB 62 is a material
improvement over current law.
SENATOR KIEHL said the bill does not change AS 25.05.171(a). A 16
or 17-year-old who gets married with parental consent is not
required to appear before a judge. He acknowledged that the bill
repeals AS 25.05.171(a) [in Sec. 8 of the bill], so he stands
corrected. Further, as Senator Hughes mentioned, the minor would
have an opportunity to go before the judge.
SENATOR KIEHL identified one other protection in Alaska law. He
said when someone is married at the age of 16 or 17, they legally
become an adult and will have access to obtain a divorce without
anyone else's consent.
2:10:48 PM
CHAIR HOLLAND referred to a 3-page amendment previously mentioned
[drafted by Senator Costello]. He cautioned members against
letting the perfect become the enemy of the good. He offered his
view that HB 62 is an improvement over current law. He expressed
concern that making significant changes to the bill might cause
issues in a conference committee.
2:11:42 PM
SENATOR HUGHES stated that she tended to agree that considering
significant changes to the bill was a big policy call that
shouldnt be made hurriedly. She suggested that the next
legislature could vet this issue further. She expressed concern
about the parents condoning these marriages. She highlighted women
who married as teens but experienced good marriages, including a
friend who was married at age 17 and has been happily married for
over 35 years. She noted that her mother and Representative
Johnson's mother were each married at age 16. She remarked that
when she was a teenager she was as mature as when she was age 26
or 27 so some teens are mature. She said it was unfortunate that
the testimony heard [related only to nonresident victims]. She
suggested that the committee might be able to develop more
precautions. She expressed an interest in considering penalizing
parents who coerce their children to marry.
2:14:05 PM
CHAIR HOLLAND moved to adopt Amendment 1, work order 32-
LS0272\I.2.
32-LS0272\I.2
Foote
5/7/22
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR HOLLAND
TO: SCS CSHB 62(HSS)
Page 2, line 1, following "accepting":
Insert "reasonable, ordinary, and customary"
2:14:09 PM
SENATOR SHOWER objected for discussion purposes.
2:14:24 PM
CHAIR HOLLAND explained Amendment 1 addresses legislative travel
and hospitality. He read a portion of Section 1. AS
24.60.030(a)(D), which read:
* Section 1. AS 24.60.030(a) is amended to read:
(a) A legislator or legislative employee may not
(1) solicit, agree to accept, or accept a benefit other
than official compensation for the performance of public
duties; this paragraph may not be construed to prohibit
...
(D) a legislator from accepting travel and
hospitality primarily for the purpose of
solemnizing a marriage under AS 25.05.261(a)(4);"
CHAIR HOLLAND stated that Amendment 1 would insert "reasonable,
ordinary, and customary" language after the word, "accepting.
He stated that Amendment 1 would place some limits on what
gratuities legislators are allowed to accept when solemnizing a
marriage.
2:15:25 PM
SENATOR SHOWER stated that he was comfortable with Amendment 1.
He said the intent was to prohibit legislators from going on a
$5,000 cruise on the Inside Passage or receiving a $10,000
package at a fishing lodge. He said he thinks Amendment 1 will
help.
2:16:52 PM
REPRESENTATIVE MATT CLAMAN, Alaska State Legislature, Juneau,
Alaska, stated that he had no issues with Amendment 1. He
indicated that Amendment 1 was consistent with the intent of the
bill that passed the House.
2:17:13 PM
SENATOR SHOWER removed his objection.
CHAIR HOLLAND found no further objection, and Amendment 1 was
adopted.
2:17:32 PM
SENATOR MYERS moved to adopt Amendment 2, work order 32-
LS0272\I.8.
32-LS0272\I.8
Foote
5/7/22
AMENDMENT 2
OFFERED IN THE SENATE BY SENATOR MYERS
TO: SCS CSHB 62(HSS)
Page 5, lines 3 - 4:
Delete "[AND IN THE PRESENCE OF AT LEAST TWO
COMPETENT"
Insert "and in the presence of at least one [TWO]
competent witness ["
Page 5, lines 5 - 6:
Delete "The person solemnizing the marriage must
be [A COMPETENT WITNESS FOR THIS PURPOSE IS] a person"
Insert "A person is competent to solemnize or
witness a marriage if the person is [COMPETENT WITNESS
FOR THIS PURPOSE IS A PERSON]"
Page 5, lines 9 - 10:
Delete "person verifying the marriage [TWO
ATTENDING WITNESSES]"
Insert "[TWO] attending witness [WITNESSES]"
Page 5, line 11:
Delete "person verifying the marriage"
Insert "witness"
Page 5, line 12:
Delete "person verifying the marriage"
Insert "witness"
Page 5, lines 15 - 16:
Delete "The person verifying the marriage is not
required to witness the ceremony."
Page 5, line 20:
Delete "person verifying the marriage"
Insert "witness"
Page 5, line 29:
Delete "person verifying"
Insert "witness"
Page 6, lines 6 - 7:
Delete "[, OR WITHOUT REQUIRING THE PRESENCE OF
TWO COMPETENT WITNESSES]"
Insert ", or without requiring the presence of
one [TWO] competent witness [WITNESSES]"
2:17:34 PM
CHAIR HOLLAND objected for discussion purposes.
2:17:36 PM
SENATOR MYERS explained that Amendment 2 would reduce the
requirement from two witnesses to one witness, but it does not
remove the requirement entirely. He said marriage is not just a
contract but a communal and public ritual. He stated that having
a witness helps affirm the gravity of the ceremony. He
acknowledged that some testifiers related their experiences with
forced marriages. However, forced marriages don't stop when the
woman is age 18. He recalled hearing about ISIS [Islamic State
of Iraq and Syria] brides, where young women marry fighters in
the Middle East. He offered his view that having a witness could
provide a potential check, even though he understood that some
brides and grooms would ask people in the street to witness
their marriage by signing their marriage certificate.
2:19:53 PM
SENATOR KIEHL said he shared Senator Myers view of the
institution of matrimony, but he wondered how Amendment 2
helped.
SENATOR MYERS explained that Amendment 2 was a check because the
witness could ask the parties if they were sure they wanted to
be married. He noted a provision was added for a witness to
confirm that each party intends to marry the other person, which
is an enhancement to current law. He related his understanding
that people try to get around it, including family pressuring
their child, especially if family members signed as witnesses.
He suggested that this may be something to address at a later
time.
SENATOR HUGHES added that when the sponsor presented the bill,
he indicated Alaska had become a popular wedding destination.
Tourists and non-residents come to Alaska to get married, often
taking a small plane or helicopter to a glacier to get married.
Amendment 2 would allow the couple, officiant, and one witness
to fly on a plane or helicopter that seats four people. The
pilot could be the witness and observe the couple's interactions
and body language, which might be helpful.
2:23:17 PM
CHAIR HOLLAND identified the work order for Amendment 2 as 32-
LS0272\I.8.
2:23:23 PM
REPRESENTATIVE CLAMAN stated that he had used the term
"verifier" but respects the will of the committee to use the
term "witness." He highlighted that it is important that
Amendment 2 does not affect Sec. 5 of the bill on page 5, which
read:
(b) The person solemnizing the marriage and the person
verifying the marriage shall provide their printed
names, mailing and electronic mail addresses, and
telephone numbers on the forms provided by the bureau
or by a church or congregation.
REPRESENTATIVE CLAMAN stated that this new language could help
locate the witness, if necessary.
2:24:23 PM
SENATOR MYERS agreed that Sec. 5 was beneficial because it
provides contact information, especially since there could be
potential prosecution for forced marriages. It would be helpful
to have the witness or verifier relate what they observed at the
time of the wedding.
2:24:56 PM
CHAIR HOLLAND removed his objection; he found no further
objection, and Amendment 2 was adopted.
2:25:26 PM
SENATOR HUGHES moved to adopt Conceptual Amendment 1, which
read:
Page 5, line 16, following "ceremony."
Insert "The marriage certificate shall state that
the witness has confirmed with each party that the
parties are entering the marriage intentionally and in
the exercise of each party's own free will."
2:25:29 PM
CHAIR HOLLAND objected for discussion purposes.
2:25:36 PM
SENATOR HUGHES explained Conceptual Amendment 1. She recalled
that the sponsor indicated that the verifier would verify that
each party intends to marry the other party. She stated that if
she was a verifier of a wedding on a glacier, she might not know
that the statute requires her to confirm the couple's intention.
Thus, the language in Conceptual Amendment 1, could be small
print placed on the bottom of the marriage certificate to inform
the witness of their obligation. It would provide additional
protection against any coercion or forced marriage. The marriage
certificate would be required to state that the witness has
confirmed with each party that the parties are entering the
marriage intentionally and exercising each party's own free
will. Many people frame their marriage certificates, so the
language stating their intention at the time would be a friendly
reminder for them.
2:28:13 PM
SENATOR SHOWER offered his view that Conceptual Amendment 1 was
moving in the right direction. However, he said he has an
acquaintance who married at age 16 or 17. He maintained that a
young person being forced into marriage who lives in fear of
their life will not say anything to a judge He acknowledged that
the committee was adding safeguards, but it still would not
solve the problem.
2:29:06 PM
At ease
2:31:58 PM
CHAIR HOLLAND reconvened the meeting.
2:32:19 PM
SENATOR HUGHES commented that members were reviewing a bill
section during the at-ease. She maintained that the legislature
should address parental behavior regarding child marriage at
some future time.
SENATOR HUGHES acknowledged that most of the testimony on HB 62
was from nonresidents. However, Sec. 2 would require the judge
to grant permission for a person who has reached age 16 but is
under 18 to conduct a hearing and find whether the marriage is
in the minor's best interest.
REPRESENTATIVE CLAMAN responded that courts were accustomed to
making decisions in a minor's best interest. This was an example
of the value of an independent judiciary because it meant that
the judges were selected through a process that made them
unlikely to be subject to some political influence. Although he
had not appeared in any case with a minor seeking to get
married, he said he had appeared in countless cases involving
minors and had never seen a case where a judge did not take that
obligation to find in the best interest of the child very
seriously.
REPRESENTATIVE CLAMAN stated that he had observed a judge send
the parents out of the room, remove their robe and speak with
the child one-on-one to lessen the power relationship. He
offered his view that the courts take their work very seriously.
He said the committee could be confident that the decisions made
by judges in Alaska would be made with great care and
consideration. He acknowledged that this does not remove the
concern Senator Shower raised about minors testifying and
recounting what their parents coached them to say because there
would be consequences if they did not do so. Still, this may be
as good as it can get and represents a significant step forward.
2:35:35 PM
REPRESENTATIVE CLAMAN directed attention to a copy of the latest
marriage certificate from the Health Analytics & Vital Records
Section, revised in May 2021, in members' packet. He suggested
the committee consider amending Conceptual Amendment 1 to apply
to the officiant solemnizing the marriage, not just the witness.
REPRESENTATIVE CLAMAN added that when the officiant performs the
ceremony, they ask each party if they intend to take this person
as their lawfully-wedded husband or lawfully-wedded wife, and
the parties respond orally.
2:37:11 PM
SENATOR HUGHES moved to adopt Conceptual Amendment 1 to
Conceptual Amendment 1.
2:37:22 PM
At ease
2:38:09 PM
CHAIR HOLLAND reconvened the meeting and solicited a motion from
Senator Hughes.
2:38:19
SENATOR HUGHES moved to adopt Conceptual Amendment 1 to
Conceptual Amendment 1, which read:
Insert on line 2, after "that" add, "the person
solemnizing the marriage and", and also on line 2 of
Conceptual Amendment 1 to change "has" to "have".
Conceptual Amendment 1 to Conceptual Amendment 1,
would read
Page 5, line 16, following "ceremony.":
Insert "The marriage certificate shall state that
the person solemnizing the marriage and the witness
have confirmed with each party that the parties are
entering the marriage intentionally and in the
exercise of each party's own free will."
2:38:51 PM
CHAIR HOLLAND objected for discussion purposes.
2:38:59 PM
CHAIR HOLLAND removed his objection; he found no further
objection, and Conceptual Amendment 1 to Conceptual Amendment 1
was adopted.
CHAIR HOLLAND noted that Conceptual Amendment 1, as amended, was
before the committee.
2:39:36 PM
CHAIR HOLLAND removed his objection; he found no further
objection, and Conceptual Amendment 1, as amended, was adopted.
CHAIR HOLLAND stated that he would not offer any further
amendments.
2:40:45 PM
CHAIR HOLLAND stated that the Legislative Legal Services was
authorized to make any technical and conforming changes to
follow the committee's intent.
CHAIR HOLLAND stated he was willing to pursue the age of consent
in Alaska. He provided some statistics on how Alaskas minimum
age for marriage compares to other states if HB 62 were to
become law. Alaska would no longer become one of two states that
allow minors 14 to marry and one of 21 states that allow minors
16 to marry. He provided additional statistics, including that
10 states allow minors who are age 17 to marry, and 4 states
require people wishing to marry to be adults, which is age 18.
SENATOR SHOWER said raising the minimum age for marriage from 14
to 16 is an improvement. He acknowledged the bill doesn't go far
enough. He also expressed his willingness to fix this.
REPRESENTATIVE CLAMAN stated that he largely agreed with Chair
Holland and Senator Hughes that in an ideal world, minors under
the age of 18 would not be allowed to marry, without exception.
However, he did not want the perfect to be the enemy of the
good.
2:43:24 PM
SENATOR SHOWER moved to report the Senate committee substitute
(SCS) for CSHB 62, work order 32-LS0272\I, as amended, from
committee with individual recommendations and attached fiscal
note(s).
CHAIR HOLLAND found no objection, and SCS CSHB 62(JUD) was
reported from the Senate Judiciary Standing Committee.
2:44:17 PM
CHAIR HOLLAND recessed the Senate Judiciary Standing Committee
to a call of the Chair.
[The meeting was reconvened on Monday, May 16, 2022.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSHB62 SJUD Amendment #1 (I.2).pdf |
SJUD 5/13/2022 1:30:00 PM |
HB 62 |
| CSHB62 SJUD Amendment #2 (I.8).pdf |
SJUD 5/13/2022 1:30:00 PM |
HB 62 |