Contact Information:

Toll Free:(800) 665-2689
In the Homer Area:(907) 235-2921
Via Mail or in Person: 345 W. Sterling Hwy., Suite 102B
Homer, Alaska 99603
Fax:(907) 235-4008
Website: http://www.RepPaulSeaton.com
Email: Rep.Paul.Seaton@Legis.state.ak.us

Greetings from Juneau on this blustery 16th of November. I ended up over-flying Juneau because of the large snowstorm on the 13th and spent the day in Sitka. It actually turned out to be quite informative as the Lt. Governor, Loren Leman, and Commissioner of Education, Roger Sampson, and I took an extended tour of Mount Edgecomb boarding high school. This unique school composed mostly of 450 rural Alaska native students has demonstrated the stellar success possible through that model of education. We spent the night in Sitka and again bypassed Juneau for a long day at the airport in Anchorage before arriving in the snowbound Capitol at 10 pm.

The call for this special session by Governor Murkowski contained the single topic of regulations for employment benefits.

Background: The Supreme Court of Alaska decided a case in October of 2005 that was based on certain employees being prevented from the option of qualifying for family and partner benefits starting in 1999 because of the Constitutional Amendment defining marriage as between only one man and one woman. This precluded same-sex couples from being able to marry to obtain the health and retirement benefits that were available to married couples or available to a cohabitating opposite-sex couple if they decided to get married. The Supreme Court looked at the equal protection clause of our State Constitution and unanimously determined that preventing those couples from having any possible access to benefits provided to employees as part of their compensation was a violation of that constitutional provision. The Court mandated that the State must remedy the situation in a manner consistent with the Constitution by January 1, 2007. The Administration proposed accomplishing this in regulation. The Supreme Court assigned the lower court to ensure these regulations complied with the constitution. The conflict has come because the court has found that the terms of the administration’s regulations will not satisfy the equal protection clause and the Lt. Governor contends that he does not have statutory authority to institute the regulations.

Clarification: This case and issue does not change the definition of marriage as between only one man and one woman as passed by the voters in 1998. It does not establish a civil union license or other such certificate.

The legislature considered 3 proposals to address the fix the State is in, one resolution and two bills:

Senate concurrent Resolution 401 requests the court to delay requiring implementation of the state regulations until the next legislature can “deliberate with due legislative and public process.” This resolution was adopted without change by the House on the 16th. I voted for this resolution to ask the Court to allow the 25th legislature to deal with the issue.

House Bill 4002 would authorize an advisory vote by the public on April 3, 2007 to the following question: "Shall the legislature adopt a proposed amendment to the state constitution to be considered by the voters at the 2008 general election that would prohibit the state, or a municipality or other subdivision of the state, from providing employment benefits to same-sex partners of public employees and to same-sex partners of public employee retirees?" This will be an advisory vote and proponents believe the results of the vote will help them get support in the legislature for the 2/3 vote of each body required to place such a constitutional amendment onto the 2008 ballot. I will support the ability of constituents to more adequately express their opinion to legislators.

House Bill 4001 would prohibit the administration from adopting or enforcing court approved regulations on benefits to same-sex partners. This is very problematic as I took an oath of office to support and defend the Constitution of the State of Alaska and yet this bill asks me to impede the regulations required by the Constitution as unanimously decided by the Supreme Court. We have a process to change the constitution, but to simply impede it by passing a law that would be obviously unconstitutional raises a serious problem. The bill also puts the Commissioner of Administration at risk of up to one year of jail if he abides by this directive and does not follow the court order. I voted against the bill on these grounds.

All three proposals were passed before we adjourned on the 17th. I will be on vacation and family reunion until returning to Homer on December 3. My office will remain open in the meantime.

Contact Us

If you would like to speak to me regarding a specific issue, it is helpful to first get in touch with the member of my staff handling related issues. You can click on their email addresses to send them a note, or just give us a call at the office. Please provide your full name, address and phone number on any correspondence with the office. Your time and effort are much appreciated.

Louie Flora
State Affairs, Resources, Fisheries, HB 328
(907) 465-4963
louie_flora ''@'' legis.state.ak.us

Katie Shows
Health Education and Social Services, PERS/TRS, Budget, HCR 5, HCR 28, HB 238
(907) 465-2028
katie_shows ''@'' legis.state.ak.us

Rep. Paul Seaton
House District 35
(800) 665-2689
representative_paul_seaton ''@'' legis.state.ak.us

# # #