Legislature(1993 - 1994)
1994-02-11 Senate Journal
Full Journal pdf1994-02-11 Senate Journal Page 2790 SB 302 SENATE BILL NO. 302 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to the establishment, modification, and enforcement of support orders and the determination of parentage in situations involving more than one state; amending Alaska Rule of Administration 9; amending Alaska Rule of Civil Procedure 82; and providing for an effective date." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. Fiscal note from Department of Revenue and zero fiscal note from Department of Health and Social Services published today. Governor's transmittal letter dated February 11: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to the Uniform Interstate Family Support Act and the repeal of the Uniform Reciprocal Enforcement of Support Act. The bill would repeal the laws currently found in AS25.25, the Uniform Reciprocal Enforcement of Support Act (URESA), and replace them with a new Uniform Act, the Uniform Interstate Family Support Act (UIFSA), with minor modifications. Two provisions of 1994-02-11 Senate Journal Page 2791 SB 302 the bill also have the effect of amending Alaska Rule of Civil Procedure 82 and Alaska Rule of Administration 9. (See secs. 6 and 7 of the bill.) Under art. IV, sec. 15, of the Alaska Constitution, the legislature may change a court rule governing "practice and procedure." Although the bill has the effect of amending a court rule relating to filing fees that is designated as an "administrative" rule, I believe that the rule affects individuals' substantive rights regarding access to our justice system and, therefore, is one that the legislature is authorized to change. Additionally, the provision that has the effect of amending the administrative rule is an integral part of UIFSA. The Uniform Interstate Family Support Act was drafted to update URESA. The bill, like URESA, applies to those actions relating to the establishment, modification, and enforcement of support orders and the determination of parentage in situations where the parties reside in more than one state. A major feature of UIFSA is that it does not require reciprocity of laws between states in order to take action under its provisions. In order to ease the transition between URESA and UIFSA, the bill recognizes substantially similar state laws as equivalent to UIFSA for purposes of interstate actions. (See proposed AS25.25.101(7) and (16).) The bill also contains its own long arm jurisdiction provision providing the home state of a supported family the maximum possible opportunity to secure personal jurisdiction over an absent parent. The bill promotes, to the extent possible, the premise of continuing, exclusive jurisdiction over support orders. Under the law as it exists under URESA, multiple orders for child support often result. UIFSA seeks to limit the existence of multiple support orders by limiting the circumstances under which subsequent support orders may be entered in states other than the initiating state. The bill also recognizes the growing use of administrative procedures in addition to or in place of judicial proceedings in the establishment and enforcement of support orders. The bill does not confer new authority on Alaska's child support enforcement agency, but it does recognize the authority otherwise conferred on the agency and support enforcement agencies of other states. The bill specifically 1994-02-11 Senate Journal Page 2792 SB 302 recognizes the child support enforcement agency's authority to act in interstate cases in the same manner in which it may act in intrastate actions. UIFSA was prepared by the National Conference of Commissioners on Uniform State Laws, which has approved and recommended it for enactment in all the states. Although it was first adopted by that conference in the summer of 1992, it has already been enacted in eight states. There are indications that it will be introduced in as many as 25 states this year. It has been endorsed by the United States Commission on Interstate Child Support and the American Bar Association, and the bill has the support of Alaska's child support enforcement agency. I urge prompt consideration and passage of this bill. Sincerely, /s/ Walter J.Hickel Governor