Legislature(1997 - 1998)
1997-05-09 Senate Journal
Full Journal pdf1997-05-09 Senate Journal Page 1910 SB 154 Senator Taylor moved and asked unanimous consent that SENATE BILL NO. 154 An Act relating to paternity determination and child support; relating to reporting of and access to financial or other information for child support purposes; making changes to laws relating to occupational, recreational, or other licenses, permits, certificates, or other authorizations issued by the state to facilitate administration of child support laws; relating to the interest rate on judgments or decrees for child support; relating to immunity from civil liability for good faith compliance with reporting or other requirements for child support purposes; relating to voiding fraudulent transfers and to penalties for noncompliance with orders for child support purposes; amending Rules 4, 5, 35, 52, 58, 60(b), 78, 90.1, and 90.3, Alaska Rules of Civil Procedure; amending Rule 901, Alaska Rules of Evidence; amending Rules 3 and 5, Alaska Bar Association Rules; repealing the effective date of sec. 45, ch. 107, SLA 1996; and providing for an effective date which had been placed at the bottom of the calendar (page 1906) be taken up at this time. Without objection, SENATE BILL NO. 154 was read the second time. 1997-05-09 Senate Journal Page 1911 SB 154 Senator Sharp moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1815. Without objection, CS FOR SENATE BILL NO. 154(FIN) An Act relating to paternity determination and child support; relating to reporting of and access to financial or other information for child support purposes; making changes to laws relating to occupational, recreational, or other licenses, permits, certificates, or other authorizations issued by the state to facilitate administration of child support laws; relating to immunity from civil liability for good faith compliance with reporting or other requirements for child support purposes; relating to voiding fraudulent transfers and to penalties for noncompliance with orders for child support purposes; amending Rules 4, 5, 35, 52, 58, 78, 90.1, and 90.3, Alaska Rules of Civil Procedure; amending Rule 901, Alaska Rules of Evidence; amending Rules 3 and 5, Alaska Bar Association Rules; repealing the effective date of sec. 45, ch. 107, SLA 1996; and providing for an effective date was adopted and read the second time. Senator Halford offered Amendment No. 1 : Page 2, line 2, to page 3, line 11 Delete Section 1 and replace with the following: Section 1. FINDINGS; INTENT. (a) The legislature finds that the federal requirements are unreasonable and constitutionally questionable, and the statutory changes that must be made to meet the federal requirements may do little to improve collections. These statutory changes are being made only under duress from the federal government. Senator Halford moved for the adoption of Amendment No. 1. Senator Duncan objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: 1997-05-09 Senate Journal Page 1912 SB 154 CSSB 154(FIN) Second Reading Amendment No. 1 YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Kelly and so, Amendment No. 1 was adopted. Senators Halford, Torgerson offered Amendment No. 2 : Page 1, lines 1 - 8: Delete all material and insert: ""An Act making statutory changes that will be repealed on July 1, 1999, relating to paternity determination and child support; making statutory changes that will be repealed on July 1, 1999, relating to reporting of and access to financial or other information for child support purposes; making statutory changes that will be repealed on July 1, 1999, to laws relating to occupational licenses, crewmember fishing licenses, drivers' licenses, and other permits, certificates, or other authorizations issued by the state, other than recreational fishing and hunting licenses, to facilitate administration of child support laws; making statutory changes that will be repealed on July 1, 1999, relating to immunity from civil liability for good faith compliance with reporting or other requirements for child support purposes; making statutory changes that will be repealed on July 1, 1999, relating to voiding fraudulent transfers and to penalties for noncompliance with orders for child support purposes; making statutory changes that will be repealed on July 1, 1999, providing that an obligor will be considered to be in substantial compliance with a support order or payment schedule if a court determines 1997-05-09 Senate Journal Page 1913 SB 154 that the obligor is making the best efforts possible to have no arrearages; making statutory changes that will be repealed on July1, 1999, providing that the authority of a tribunal to order that service be given to a party by first class mail applies to subsequent child support enforcement efforts by the agency with respect to that party; making statutory changes that will be repealed on July 1, 1999, allowing a party aggrieved by an order of nondisclosure of information relating to a party or a child in a child support proceeding to contest that order in a hearing when the order was based on an ex parte finding of risk; retaining existing law relating to the duty of employers and labor unions to provide employment and compensation reports to the child support enforcement agency; making statutory changes that will be repealed on July1, 1999, requiring that administrative subpoenas of the child support enforcement agency be served in the manner provided for service of liens by the agency; making statutory changes that will be repealed on July 1, 1999, requiring that administrative orders to withhold and deliver be served by the child support enforcement agency electronically or in the manner provided for service of liens by the agency; retaining existing law with respect to whether a lien arising under the child support laws of another state shall be given full faith and credit in this state; making statutory changes that will be repealed on July 1, 1999, allowing the child support enforcement agency of this or another state, but not any other person, to serve a copy of certain liens relating to child support at any time after recording of the lien; making statutory changes that will be repealed on July 1, 1999, allowing the periodic modification of child support orders without a showing of a material change in circumstances but only if the order was not modified in the three years preceding the periodic modification; making statutory changes that will be repealed on July 1, 1999, modifying the duties of the child support enforcement agency but not authorizing the agency to enter into contracts or agreements with contractors to perform some or all of the function of the agency's disbursement unit; reenacting and reinstating existing laws relating to child support and paternity determination upon the repeal of the changes made by this law on July 1, 1999; amending Rules 4, 5, 35," 1997-05-09 Senate Journal Page 1914 SB 154 Page 17, line 21, following "circumstances": Insert "if the child support order being modified on the periodic basis has not been modified or adjusted during the three years preceding the periodic modification" Page 30, lines 25 - 28: Delete all material. Renumber the following bill sections accordingly. Page 33, line 6, through page 34, line 29: Delete all material. Renumber the following bill sections accordingly. Page 35, lines 11 - 12: Delete "delivered by first class mail" Insert "served in the manner provided for service of liens under AS25.27.240" Page 42, lines 12 - 19: Delete all material. Renumber the following bill sections accordingly. Page 42, lines 21 - 22: Delete ", or a person seeking to enforce a child support obligation," Page 43, lines 8 - 9: Delete "recreational licenses or" Page 43, line 17: Delete "a recreational license, or" Page 43, lines 24 - 25: Delete "An applicant for a recreational license is not entitled to receive a temporary license under this section." 1997-05-09 Senate Journal Page 1915 SB 154 Page 43, line 29: Delete ", (s), and (t)" Insert "and (s)" Page 44, lines 2 - 3: Delete "Except for notices issued under (s) and (t) of this section regarding recreational licenses, the ªTHEß" Insert "The" Page 44, line 10: Delete ", (s), or (t)" Insert "or (s)" Page 44, line 14: Delete ", (s), or (t)" Insert "or (s)" Page 47, lines 7 - 8: Delete "a recreational license, or" Page 48, lines 21 - 26: Delete all material and insert: "* Sec. 120. AS25.27.244(q)(6) is amended to read: (6) "substantial compliance" regarding ªWITHß a support order or payment schedule ª"ß means that, with respect to a support order or a negotiated payment schedule under (g) of this section, whichever is applicable, the obligor ªEITHERß has (A) no arrearage; (B) ªOR HASß an arrearage in an amount that is not more than four times the monthly obligation under the support order or payment schedule; or (C) been determined by a court to be making the best efforts possible under the obligor's circumstances to have no arrearages under any support order or negotiated payment schedule relating to child support." 1997-05-09 Senate Journal Page 1916 SB 154 Page 48, line 27, through page 49, line 8: Delete all material. Renumber the following bill sections accordingly. Page 49, line 13: Delete "Notwithstanding any" Page 49, lines 14 - 23: Delete all material. Insert "The licensing entity for commercial crewmember fishing licenses shall print a notice on commercial crewmember fishing license forms stating the provisions of this subsection." Page 49, lines 25 - 26: Delete "or a recreational license, other than a big game hunt drawing permit," Page 49, line 30: Delete "(1) for a" Page 49, line 31, through page 50, line 2: Delete all material. Page 50, line 3: Delete "license," Page 50, lines 8 - 15: Delete all material. Page 54, lines 17 - 18: Delete "by first class mail ªIN THE MANNER PROVIDED FOR SERVICE OF LIENS UNDER AS25.27.240ß" Insert "in the manner provided for service of liens under AS25.27.240" Page 55, line 18, following "service": Insert "in any subsequent child support enforcement effort by the agency" 1997-05-09 Senate Journal Page 1917 SB 154 Page 56, line 2, following "chapter.": Insert "A person aggrieved by an order of nondisclosure issued under this section that is based on an ex parte finding is entitled on request to a formal hearing, within 30 days of when the order was issued, at which the person may contest the order." Page 60, following line 8: Insert a new subsection to read: "(c) The amendments made by other sections of this Act are repealed July 1, 1999. Each statute amended by this Act is repealed and reenacted on July 1, 1999, to read as it existed on the day before the amendment to the law under this Act took effect. Notwithstanding AS01.10.100(c), a statute repealed under (a) of this section is revived and reenacted on July 1, 1999, to read as it existed on the day before the effective date of (a) of this section. A court rule that was amended by a statute repealed or reenacted by this Act is further amended on July1, 1999, to delete the change that had been made by other sections of this Act." Page 60, line 25: Delete "as necessary to comply with federal law" Page 61, line 19: Delete "or (t)" Page 60, line 9, through page 61, line 19: Correct internal references to bill section numbers to correspond to renumbering of bill sections made necessary by this amendment. Senator Torgerson moved for the adoption of Amendment No. 2. Senator Ellis objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: 1997-05-09 Senate Journal Page 1918 SB 154 CSSB 154(FIN) am Second Reading Amendment No. 2 YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Kelly and so, Amendment No. 2 was adopted. Senator Taylor moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 154(FIN) am was read the third time. The question being: Shall CS FOR SENATE BILL NO. 154(FIN) am An Act making statutory changes that will be repealed on July 1, 1999, relating to paternity determination and child support; making statutory changes that will be repealed on July 1, 1999, relating to reporting of and access to financial or other information for child support purposes; making statutory changes that will be repealed on July 1, 1999, to laws relating to occupational licenses, crewmember fishing licenses, drivers' licenses, and other permits, certificates, or other authorizations issued by the state, other than recreational fishing and hunting licenses, to facilitate administration of child support laws; making statutory changes that will be repealed on July 1, 1999, relating to immunity from civil liability for good faith compliance with reporting or other requirements for child support purposes; making statutory changes that will be repealed on July 1, 1999, relating to voiding fraudulent transfers and to penalties for noncompliance with orders for child support purposes; making statutory changes that will be repealed on July 1, 1999, providing that an obligor will be considered to be in substantial compliance 1997-05-09 Senate Journal Page 1919 SB 154 with a support order or payment schedule if a court determines that the obligor is making the best efforts possible to have no arrearages; making statutory changes that will be repealed on July1, 1999, providing that the authority of a tribunal to order that service be given to a party by first class mail applies to subsequent child support enforcement efforts by the agency with respect to that party; making statutory changes that will be repealed on July 1, 1999, allowing a party aggrieved by an order of nondisclosure of information relating to a party or a child in a child support proceeding to contest that order in a hearing when the order was based on an ex parte finding of risk; retaining existing law relating to the duty of employers and labor unions to provide employment and compensation reports to the child support enforcement agency; making statutory changes that will be repealed on July1, 1999, requiring that administrative subpoenas of the child support enforcement agency be served in the manner provided for service of liens by the agency; making statutory changes that will be repealed on July 1, 1999, requiring that administrative orders to withhold and deliver be served by the child support enforcement agency electronically or in the manner provided for service of liens by the agency; retaining existing law with respect to whether a lien arising under the child support laws of another state shall be given full faith and credit in this state; making statutory changes that will be repealed on July 1, 1999, allowing the child support enforcement agency of this or another state, but not any other person, to serve a copy of certain liens relating to child support at any time after recording of the lien; making statutory changes that will be repealed on July 1, 1999, allowing the periodic modification of child support orders without a showing of a material change in circumstances but only if the order was not modified in the three years preceding the periodic modification; making statutory changes that will be repealed on July 1, 1999, modifying the duties of the child support enforcement agency but not authorizing the agency to enter into contracts or agreements with contractors to perform some or all of the function of the agency's disbursement unit; reenacting and reinstating existing laws relating to child support and paternity determination upon the repeal of the changes made by this law on 1997-05-09 Senate Journal Page 1920 SB 154 July 1, 1999; amending Rules 4, 5, 35, 52, 58, 78, 90.1, and 90.3, Alaska Rules of Civil Procedure; amending Rule 901, Alaska Rules of Evidence; amending Rules 3 and 5, Alaska Bar Association Rules; repealing the effective date of sec. 45, ch. 107, SLA 1996; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 154(FIN) am Third Reading - Final Passage Effective Dates Court Rule Changes YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Green, Halford, Lincoln, Taylor Excused: Kelly and so, CS FOR SENATE BILL NO. 154(FIN) am passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the court rule changes. Without objection, it was so ordered.