Legislature(1995 - 1996)

1995-03-08 House Journal

Full Journal pdf

1995-03-08                     House Journal                      Page 0642
HB 242                                                                       
HOUSE BILL NO. 242 by the House 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 Rules of Civil Procedure 79               
and 82; and providing for an effective date."                                  
                                                                               
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, Judiciary and Finance Committees.                                    
                                                                               
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal note, Dept. of Health & Social Services, 3/8/95                         
Fiscal note, Dept. of Revenue, 3/8/95                                          
Zero fiscal note, Dept. of Law, 3/8/95                                         
Zero fiscal note, Dept. of Community & Regional Affairs, 3/8/95                
                                                                               

1995-03-08                     House Journal                      Page 0643
HB 242                                                                       
The Governor's transmittal letter, dated March 6, 1995, appears below:         
                                                                               
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
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.  The bill also has the          
effect of amending Alaska Rules of Civil Procedure 79 and 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 in which 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)        
in sec. 1 of the bill.  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.                                                              
                                                                               

1995-03-08                     House Journal                      Page 0644
HB 242                                                                       
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        
of paternity and the establishment and enforcement of support orders.          
                                                                               
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 21            
states.  There are indications that it will be introduced in as many as        
eight states this year.  It has been endorsed by the United States             
Commission on Interstate Child Support, the American Bar                       
Association, and the Conference of Chief Justices, and the bill has the        
support of Alaska's child support enforcement agency.  Additional              
information from the National Conference of Commissioners on                   
Uniform State Laws is available from my staff.                                 
                                                                               
                                                                               
I urge your prompt consideration and passage of this bill.                     
                                                                               
									Sincerely,                                                            
									/s/                                                                   
									Tony Knowles                                                          
									Governor"