Legislature(1995 - 1996)

1995-03-07 Senate Journal

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1995-03-07                     Senate Journal                      Page 0517
SB 115                                                                       
SENATE BILL NO. 115 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 Rules of Civil                               
Procedure 79 and 82; and providing for an effective                            
date."                                                                         
                                                                               
was read the first time and referred to the Health, Education and              
Social Services, Judiciary and Finance Committees.                             
                                                                               
Fiscal notes published today from Department of Health and Social              
Services, Department of Revenue.  Zero fiscal notes published today            
from Department of Community and Regional Affairs, Department                  
of Law.                                                                        
                                                                               
Governor's transmittal letter dated March 6:                                   
                                                                               
Dear President Pearce:                                                         
                                                                               
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             
                                                                               

1995-03-07                     Senate Journal                      Page 0518
SB 115                                                                       
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.                                                         
                                                                               
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.          
                                                                               
                                                                               

1995-03-07                     Senate Journal                      Page 0519
SB 115                                                                       
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