Legislature(2015 - 2016)

2015-02-11 Senate Journal

Full Journal pdf

2015-02-11                     Senate Journal                      Page 0199
SB 51                                                                                                                         
SENATE BILL NO. 51 BY THE SENATE RULES COMMITTEE                                                                                
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
          "An Act relating to the Uniform Interstate Family                                                                     
          Support Act, including jurisdiction by tribunals of the                                                               
          state, registration and proceedings related to support                                                                
          orders from other state tribunals, foreign support                                                                    
          orders, foreign tribunals, and certain persons residing                                                               
          in foreign countries; relating to determination of                                                                    
          parentage of a child; and providing for an effective                                                                  
          date."                                                                                                                
                                                                                                                                

2015-02-11                     Senate Journal                      Page 0200
was read the first time and referred to the Judiciary and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Revenue                                                                                 
                                                                                                                                
Governor's transmittal letter dated February 10:                                                                                
                                                                                                                                
Dear President Meyer:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18 of the Alaska                                                                    
Constitution, I am transmitting a bill relating to the Uniform Interstate                                                       
Family Support Act to update Alaska's laws on enforcement of family                                                             
support orders. The Uniform Interstate Family Support Act (UIFSA)                                                               
applies to actions relating to the establishment, modification, and                                                             
enforcement of support orders and the determination of parentage in                                                             
situations where the parties reside in different states or where one                                                            
party resides in a foreign country.                                                                                             
                                                                                                                                
In 1995, Alaska adopted the UIFSA (AS 25.25.010 - 25.25.903). In                                                                
2008, the National Conference of Commissioners on Uniform State                                                                 
Laws (also known as the Uniform Law Commission) approved                                                                        
amendments to UIFSA to incorporate the provisions of the Convention                                                             
on the International Recovery of Child Support and Other Forms of                                                               
Family Maintenance (Convention), concluded at The Hague,                                                                        
November 23, 2007. The Convention contains provisions to establish                                                              
uniform procedures for the processing of international child support                                                            
orders.                                                                                                                         
                                                                                                                                
In order to maintain compliance with federal law and treaty                                                                     
obligations and to continue to qualify for federal funding programs for                                                         
child support matters, there is a compelling need to update Alaska's                                                            
statutes this legislative session by adopting the 2008 amendments to                                                            
the UIFSA.                                                                                                                      
                                                                                                                                
The proposed bill is limited to amendments needed to integrate the                                                              
2008 updates to UIFSA into State law. The amendments must be                                                                    
effective by July 1, 2015, to comply with federal law.                                                                          
                                                                                                                                
                                                                                                                                

2015-02-11                     Senate Journal                      Page 0201
First, the bill would amend the UIFSA to remove the fiction that a                                                              
"foreign country" is a state of the United States by amending existing                                                          
text referring to a tribunal of this state to add "or a foreign country."                                                       
                                                                                                                                
Second, the proposed bill would provide guidelines relating to the                                                              
registration, enforcement, and modification of foreign support orders                                                           
from countries that, like the United States, are parties to the                                                                 
Convention.                                                                                                                     
                                                                                                                                
A third component of the bill would improve the enforcement of                                                                  
United States child support orders abroad and would ensure that                                                                 
children living in the United States would receive financial support                                                            
due them from parents, wherever the parents reside.                                                                             
                                                                                                                                
These amendments would benefit Alaska families by ensuring stable                                                               
and predictable enforcement of Alaska family support orders in other                                                            
states and abroad. Additionally, it would ensure that residents of this                                                         
state would be able to enforce support orders in this state, regardless of                                                      
where they originated.                                                                                                          
                                                                                                                                
Presently, 11 states have enacted the 2008 amendments to the UIFSA;                                                             
this number will grow considerably this year as other states work to                                                            
enact the 2008 amendments. In addition, at least 12 states have                                                                 
introduced legislation this year to enact the 2008 changes; we expect                                                           
others will follow. This bill has the support of Alaska's child support                                                         
enforcement agency.                                                                                                             
                                                                                                                                
Additional information on the Uniform Interstate Family Support Act                                                             
2008 amendments prepared by the National Conference of                                                                          
Commissioners on Uniform State Laws is available from my staff.                                                                 
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Bill Walker                                                                                                                     
Governor