Legislature(1993 - 1994)
1994-04-14 Senate Journal
Full Journal pdf1994-04-14 Senate Journal Page 3679 SB 190 CS FOR SENATE BILL NO. 190(FIN) "An Act relating to income withholding and other methods of enforcement for orders of support; and providing for an effective date" was before the Senate in third reading on reconsideration. 1994-04-14 Senate Journal Page 3680 SB 190 Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 190(FIN) be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, it was so ordered. Senator Taylor offered Amendment No. 1 : Page 1, line 2, after "support;": Insert "relating to medical support orders; amending Alaska Rule of Civil Procedure 90.3(d);" Page 1, after line 3: Insert new bill sections to read: "* Section 1. AS 25.27.020(a) is amended to read: (a) The agency shall (1) seek enforcement of child support orders of the superior courts of the state in other jurisdictions and shall obtain, enforce, and administer the orders in this state; (2) adopt regulations to carry out the purposes of this chapter, including regulations that establish (A) schedules for determining the amount an obligor is liable to contribute toward the support of an obligee under this chapter and under 42 U.S.C. 651 - 669 (Title IV-D, Social Security Act); (B) procedures for hearings conducted under AS 25.27.170; and (C) subject to AS 25.27.025 and to federal law, a uniform rate of interest on arrearages of support that shall be charged the obligor upon notice if child support payments are 10 or more days overdue or if payment is made by a check backed by insufficient funds; however, an obligor may not be charged interest on late payment of a child support obligation, other than a payment on arrearages, if the obligor is (i) employed and income is being withheld from the obligor's wages under an income withholding order; (ii) receiving unemployment compensation and child support obligations are being withheld from the obligor's unemployment payments under AS 23.20.401; or 1994-04-14 Senate Journal Page 3681 SB 190 (iii) receiving compensation for disabilities under AS23.30 and child support obligations are being withheld from the obligor's compensation payments; (3) administer and enforce AS 25.25 (Uniform Reciprocal Enforcement of Support Act); (4) establish, enforce, and administer child support obligations administratively under this chapter; (5) administer the state plan required under 42 U.S.C. 651 - 669 (Title IV-D, Social Security Act) as amended; (6) disburse support payments collected by the agency to the obligee, together with interest charged under (2)(C) of this subsection; (7) establish and enforce administratively under this chapter, or through the superior courts of the state, child support orders from other jurisdictions pertaining to obligors within the state; (8) enforce and administer spousal support orders if a spousal support obligation has been established with respect to the spouse and if the support obligation established with respect to the child of that spouse is also being administered; and (9) obtain a medical support order as part of a child support order if health care coverage is available to the obligor at a reasonable cost; the agency shall consider whether adequate health care is available to the child through the Indian Health Service or other insurance coverage before it orders an obligor to provide health care coverage through insurance or other means. * Sec. 2. AS 25.27.060(c) is amended to read: (c) In a court proceeding where the support of a minor child is at issue, the court may order either or both parents to pay the amount necessary for support, maintenance, nurture, and education of the child. The court shall issue a medical support order as part of a child support order if health care coverage is available to the obligor at a reasonable cost. The court shall consider whether the child is eligible for services through the Indian Health Service or other insurance coverage before ordering the obligor to provide health care coverage through insurance or other means. Upon a showing of good cause the court may order the parents required to pay support to give reasonable security for payments." 1994-04-14 Senate Journal Page 3682 SB 190 Page 1, line 4: Delete "Section 1." Insert "Sec. 3." Renumber the following bill sections accordingly. Page 13, after line 4: Insert a new bill section to read: "* Sec. 33. Alaska Rule of Civil Procedure 90.3(d) is amended to read: (d) HEALTH INSURANCE - CREDITS. The court shall address coverage of the children's health care needs and require health insurance if insurance is available to either parent at a reasonable cost. The court shall consider whether the children are eligible for services through the Indian Health Service or other insurance coverage before ordering the obligor to provide health care coverage through insurance or other means. In calculating a child support award, credit will be given for medical and dental insurance, or educational payments for the children which are required by the court or administrative order and actually paid." Renumber the following bill sections accordingly. Senator Taylor moved for the adoption of Amendment No. 1. Senator Ellis objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. CS FOR SENATE BILL NO. 190(FIN) am "An Act relating to income withholding and other methods of enforcement for orders of support; relating to medical support orders; amending Alaska Rule of Civil Procedure 90.3(d); and providing for an effective date" was automatically in third reading. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 190(FIN) am be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Senator Little objected, then withdrew her objection. There being no further objections, it was so ordered. Senator Taylor offered Amendment No. 2 : 1994-04-14 Senate Journal Page 3683 SB 190 Page 3, lines 23 - 25: Delete ". An employer may, for each payment made under an order, deduct $5 from other wages or salary owed to the obligor" Page 6, line 28, through page 7, line 8: Delete all material. Renumber the following bill sections accordingly. Page 10, lines 3 - 12: Delete all material. Renumber the following bill sections accordingly. Page 11, lines 14 - 16: Delete "A person, political subdivision, or department may, for each payment made under an order to withhold and deliver, deduct $5 from other wages or salary owed to the obligor." Senator Taylor moved for the adoption of Amendment No. 2. Objections were heard. Senator Pearce called the Senate. The call was satisfied. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 190(FIN) am Second Reading Amendment No. 2 YEAS: 6 NAYS: 13 EXCUSED: 1 ABSENT: 0 Yeas: Halford, Jacko, Lincoln, Pearce, Phillips, Taylor Nays: Donley, Duncan, Ellis, Frank, Kelly, Kerttula, Leman, Little, Miller, Rieger, Salo, Sharp, Zharoff Excused: Adams and so, Amendment No. 2 failed. 1994-04-14 Senate Journal Page 3684 SB 190 CS FOR SENATE BILL NO. 190(FIN) am was automatically in third reading. Senator Taylor moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 3. Senator Ellis objected. The question being: "Shall CS FOR SENATE BILL NO. 190(FIN) am be returned to second reading for the purpose of a specific amendment?" The roll was taken with the following result: CSSB 190(FIN) am Return to Second for Specific Amendment YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Lincoln, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff Nays: Donley, Duncan, Ellis, Kerttula, Leman, Little, Salo Excused: Adams Kerttula changed from "Yea" to "Nay". Donley changed from "Yea" to "Nay". and so, the bill was returned to second reading. Senator Taylor offered Amendment No. 3 : Page 10, lines 3 - 12: Delete all material. Renumber the following bill sections accordingly. Senator Taylor moved for the adoption of Amendment No. 3. Senator Ellis objected. Senator Taylor moved and asked unanimous consent that his motion be withdrawn. Without objection, it was so ordered. CS FOR SENATE BILL NO. 190(FIN) am was automatically in third reading. 1994-04-14 Senate Journal Page 3685 SB 190 Senator Pearce moved and asked unanimous consent that the Finance Letter of Intent offered on page 3463 be adopted. Without objection, the Senate Letter of Intent was adopted. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 190(FIN) am "An Act relating to income withholding and other methods of enforcement for orders of support; relating to medical support orders; amending Alaska Rule of Civil Procedure 90.3(d); and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 190(FIN) am Third Reading - On Reconsideration Effective Date YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Excused: Adams Kerttula changed from "Nay" to "Yea". Taylor changed from "Nay" to "Yea". Jacko changed from "Nay" to "Yea". and so, CS FOR SENATE BILL NO. 190(FIN) am passed the Senate on reconsideration with a Senate Letter of Intent. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. CS FOR SENATE BILL NO. 190(FIN) am was referred to the Secretary for engrossment.