SB 119-OATH OF OFFICE  2:40:29 PM CHAIR HOLLAND announced the consideration of SENATE BILL NO. 119 "An Act relating to oaths of office; and requiring public officers to read the state constitution, the Declaration of Independence, and the United States Constitution." [CS FOR SENATE BILL NO. 119(EDC) was before the committee.] 2:41:01 PM SENATOR LORA REINBOLD, Alaska State Legislature, Juneau, Alaska, paraphrased the sponsor statement for SB 119. [Original punctuation provided] This bill requires all those whose are statutorily or constitutionally required to take an oath in the State of Alaska to read: the Declaration of Independence, the United States Constitution and The Constitution of the State of Alaska. Following the reading of the documents, a signed statement acknowledging the action will be filed at the Alaska State Libraries, Archives and Museums directly after taking the Oath of office. 2:42:28 PM SENATOR REINBOLD paraphrased the sectional analysis for SB 119: [Original punctuation provided]: Sectional Analysis for CS SB 119 32-LS0163\G Section 1. AS 14.12.090 is amended to include every school board member before taking office shall read the Constitution of the State of Alaska, the Declaration of Independence, and the Constitution of the United States, and take and sign an oath of affirmation. Section 2. AS 18.65.010 (c) is amended to include every person appointed shall, after reading the Constitution of the State of Alaska, the Declaration of Independence, and the Constitution of the United States, take the constitutional oath of office. 2:42:55 PM Section 3. AS 22.05.090 is amended to include each supreme court justice upon entering office shall, after reading the Constitution of the State of Alaska, the Declaration of Independence, and the Constitution of the United States, take and subscribe to an oath of office required by all officers and any further oath or affirmation that may be prescribed by law. Section 4. AS 22.07.050 is amended to include each judge of the court of appeals, upon entering office shall, after reading the Constitution of the State of Alaska, the Declaration of Independence, and the Constitution of the United States, take and subscribe to the oath or affirmation of office required of all officers under the constitution. Section 5. AS 22.10.110 is amended to include each superior court judge upon entering office, shall, after reading the Constitution of the State of Alaska, the Declaration of Independence, and the Constitution of the United States, take and subscribe to an oath of office required of all officers under the constitution and any further oath or affirmation as may be prescribed by law. 2:43:14 PM Section 6. AS 22.15.180 is amended to include each district judge and magistrate, upon entering office, shall, after reading the Constitution of the State of Alaska, the Declaration of Independence, and the Constitution of the United States take and subscribe to an oath of office required of all officers under the constitution and any further oath or affirmation that may be prescribed by law. 2:43:22 PM Section 7. AS 24.05.060 is amended to include each member of the legislature, before entering upon the duties of office, shall, after reading the Constitution of the State of Alaska, the Declaration of Independence, and the Constitution of the United States take the oath of office prescribed in Art. XII Sec. 5, Constitution of the State of Alaska, and such further oath or affirmation prescribed by law for members of the legislature or other officers of the state. Section 8. AS 29.20.600 is amended to include Municipal officials shall, after reading the Constitution of the State of Alaska, the Declaration of Independence, and the Constitution of the United States, affirm in writing that the duties of the office will be honestly, faithfully, and impartially performed by the official. The oath is filed with the municipal clerk. Section 9. AS 39.05.040 is amended to include the principal executive officer of each department and the member of each board within the state government shall, after reading the Constitution of the State of Alaska, the Declaration of Independence, and the Constitution of the United States, take, sign, and file the oath of office required by the constitution before entering upon the duties of office. 2:43:44 PM SENATOR REINBOLD commented that these people are already required to do this. She brought forward the bill because there were inconsistencies between the three branches of government. This would provide a consistent, uniform process. Section 10. AS 39.05.045 is amended to include a public officer or employee of the state, before entering upon the duties of office shall read the Constitution of the State of Alaska, the Declaration of Independence, and the Constitution of the United States and take and sign the following oath or affirmation: "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Alaska, and that I will faithfully discharge my duties as ?? to the best of my ability." 2:44:14 PM SENATOR KIEHL asked why the bill requires officials to read the Declaration of Independence when the oath of office is not required to uphold it. SENATOR REINBOLD responded that the executive branch has been writing mandates. Still, the legislative branch is the branch that writes the laws, the executive branch carries out the laws, and the judicial branch resolves disputes. She stated that reading the Declaration of Independence shows the grievances people had. She noted that reading the Declaration of Independence and the US Constitution was crucial. 2:45:40 PM SENATOR KIEHL said the more thorough exploration of the relationship between the three branches of government is found in the Federalist Papers. He said he read them in high school and college. He asked why the bill does not require reading the Federalist Papers. SENATOR REINBOLD answered that she would not object to adding it to the bill. 2:47:09 PM SENATOR MYERS asked what problem SB 119 was trying to solve. SENATOR REINBOLD responded that she would love to see students reading these documents. She expressed concern that important things were happening in this country. She stated that the US Constitution is the supreme law of the land. She said that people get caught up in guidelines and statutes, so she advocates reading the source documents as a refresher, keeping officials focused on their responsibilities. 2:48:26 PM SENATOR MYERS pointed out that at least three schools of interpretation of the US Constitution exist. He wondered if the issue was related to knowledge or the interpretation of the documents. SENATOR REINBOLD offered her view that people do not need to interpret the US Constitution since its purpose was to constrain government and set out individual rights. She paraphrased the US Constitution, Article 1, Sections 2 and 4, Declaration of Rights, which read: Section 2. Source of Government All political power is inherent in the people. All government originates with the people, is founded upon their will only, and is instituted solely for the good of the people as a whole. Section 4. Freedom of Religion No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. SENATOR REINBOLD said it was written for all people to read and appreciate, so it does not need to be interpreted. She related her own practices of reading the documents listed in the bill. 2:50:18 PM SENATOR SHOWER remarked that he wished these documents were required in social studies. He emphasized the importance of learning the basis for the US government. For example, people refer to the US as a democracy, but it is a representative republic. He related documents he had read. He asked if the courts would challenge SB 119 based on personal freedom. He stated it is sometimes tenuous to tell someone they must do something. 2:52:10 PM SENATOR REINBOLD responded that judges, magistrates, commissioners all must take an oath, but there was inconsistency within the statutes. She remarked that she could not imagine people have not read them since they must take an oath to uphold them. She did not see it as an infringement. 2:53:07 PM SENATOR SHOWER commented that he wasn't speaking against the bill. He related that he researched what other states required, and he found requirements varied and were more stringent. 2:53:59 PM SENATOR REINBOLD said she read the documents in high school and college but finds it meaningful to re-read them. She recalled hearing some candidates indicate they needed to re-read them. She felt certain that some candidates have not read these documents since high school. She recalled that the Senate Education Standing Committee added school board members to the list of people required to read the documents listed in the bill. She asked if the sponsor would consider adding assembly members and community council members to the bill. She was unsure whether other documents should be added. She remarked that the Federalist Papers were about 250 to 300 pages in length and the Anti-Federalist Papers consisted of 85 essays. She expressed concern about the length of the documents but would be open to it if there were Cliff Notes. 2:55:37 PM SENATOR REINBOLD offered her belief that assembly members, community council members, and school board members were included under municipal officials. CHAIR HOLLAND asked if she was speaking about the school board and assembly members. SENATOR REINBOLD answered yes. She recalled that the Senate Education Committee adopted an amendment to add school board and assembly members. CHAIR HOLLAND reminded members this was just the first hearing for the bill so the committee could address it later. 2:56:17 PM SENATOR HUGHES asked if they were covered in Section 9. SENATOR SHOWER referred to Section 10. SENATOR HUGHES noted she was missing Section 10. 2:56:35 PM SENATOR KIEHL stated that Section 1 covers school board members and Section 8 relates to council and assembly members in Title 29. He said the bill requires filing the oaths of office. He asked for consequences if a person does not do the required reading, such that it would disqualify them from holding the office. SENATOR REINBOLD answered that this is on the honor system. People read an oath and sign that they have read it. The purpose of the filing is to hold them accountable. 2:58:06 PM SENATOR REINBOLD summarized that the people signing an oath of office should read the three documents. 2:58:23 PM CHAIR HOLLAND held SB 119 in committee.