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