Legislature(2009 - 2010)BARNES 124
02/23/2010 01:00 PM House MILITARY & VETERANS' AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB334 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 334 | TELECONFERENCED | |
HB 334-MILITARY DEPLOYMENT AND CHILD CUSTODY
1:09:44 PM
REPRESENTATIVE HARRIS announced that the only order of business
would be HOUSE BILL NO. 334, "An Act establishing child custody,
modification, and visitation standards for a military parent who
is deployed; and amending Rule 99, Alaska Rules of Civil
Procedure."
1:09:59 PM
REPRESENTATIVE BUCH moved to adopt CS for HB 334, 26-LS1310\E,
as the working document.
REPRESENTATIVE HARRIS asked for any objections to the motion.
Hearing none, the working document was before the committee.
1:10:29 PM
KACI SCHROEDER HOTCH, Staff, Representative Bill Thomas, Alaska
State Legislature, discussed the changes in Version E of the
bill. The first change on page 2, line 25, would not allow a
military member to designate visitation to a family member with
a history of domestic violence. The second change on page 4,
line 10, was that if a court order is in place because of a
domestic violence issue, the non-deployed parent would not have
to notify the deployed parent of a change of address, but would
have to notify the court. The third change on page 4, line 20,
also has to do with not being able to designate visitation
rights to a family member with a history of domestic violence.
She advised the committee that the bill prime sponsor supports
all of the changes in Version E.
1:11:26 PM
REPRESENTATIVE RAMRAS said he would like to hear from the bill
sponsor.
REPRESENTATIVE BILL THOMAS, Alaska State Legislature, recalled
his experience in the military when he witnessed suffering over
child custody. The intent of the bill is to relieve additional
burdens on military members serving in a combat zone.
1:12:26 PM
REPRESENTATIVE HARRIS observed that the bill would stop family
members from using military active duty as an excuse for child
custody purposes.
REPRESENTATIVE THOMAS expressed his concern for the mental
stability of soldiers.
1:14:17 PM
MS. SCHROEDER HOTCH offered to display a three-minute video
pertaining to the bill [but the sound did not work, so it was
not played]. In response to Representative Harris, she reviewed
the main points of the proposed legislation. Currently, active
duty, reserve, and National Guard members are serving multiple
deployments which are putting additional strain on family units.
As a result, divorce rates are rising in the military, and
judges are faced with balancing deployment issues with child
custody issues. Ms. Schroeder Hotch explained that HB 334
provides guidelines to the courts on how to balance the
following issues: deployment cannot be used as a factor to
determine child custody; the service member has a right to an
expedited hearing; the service member can delegate his/her
visitation rights to a family member; guidelines for temporary
custody orders; guidelines for electronic testimony. She
pointed out that the prevailing guideline is what is in the best
interest of the child.
1:16:57 PM
REPRESENTATIVE RAMRAS talked about his district and the number
of deployments that have occurred there, and the general effect
military life has on children. Above that, there are children
in the district who have lost parents. He cautioned that the
civilian community may be unaware of the difficulties that arise
when young members of the military are deployed thousands of
miles away from home. He concluded that this addresses a very
serious issue and he appreciated the intent of the bill.
REPRESENTATIVE HARRIS agreed that this is a serious subject.
1:20:14 PM
MARK SAN SOUCI, Regional Liaison Northwest, Defense State
Liaison Office, Office of the Deputy Under Secretary of Defense
DUSD (Military Community and Family Policy), Under Secretary
Department of Defense, United States Department of Defense,
informed the committee the mission of his office is to be a
resource to state policy makers as they address quality of life
issues for military families. Mr. San Souci related that the
divorce rate of military families continues to climb and many
divorced military have issues concerning children whose other
parent is not the service member's current spouse.
Additionally, states may not consider a service member's
deployment status when making decisions about the custody of
children. In fact, deployment away from home can undermine and
disrupt existing arrangements, creating stress on parents and
children. These inequities cause such stress that this issue is
one of the top ten issues affecting military families in all of
the states. Mr. San Souci related that the Department of
Defense believes that although the welfare of the child is
paramount, the demands of military service should not abrogate
parents' rights. He stated that his office also believes that
the states, not the federal government, are in the best position
to balance these inequities. As previously heard, the bill
addresses all five areas of concern, and he encouraged adoption
of these protections for service members.
1:24:27 PM
MARK SULLIVAN, Attorney, provided information on his background
and extensive experience in military family law. He said he has
assisted 15 states with the passage of military custody and
visitation statutes, and participates on the national and state
level in related law issues. Mr. Sullivan opined that the
language in HB 334 is superior to the related North Carolina
statute because the bill does not allow the absence of a
deployed service member to be used against him or her as a
waiver of rights to be with the child. The proposed legislation
accomplishes this by requiring the non-deployed parent to make
the child available to the service member during periods of
leave, by requiring the non-deployed parent to facilitate
contact between the service member and the child, by mandating
that the deployed parent give timely information to the non-
deployed parent about the leave schedule, and by the immediate
notification by the non-deployed parent of any change in address
or contact information. Mr. Sullivan applauded the sponsor on
the language of the legislation and offered to facilitate
passage of the bill.
1:27:41 PM
REPRESENTATIVE RAMRAS observed that Alaska has a special
relationship with its military, and this is an opportunity to
lead the nation in looking out for soldiers and families.
1:28:39 PM
REPRESENTATIVE TAMMIE WILSON related her personal experience
with soldiers that will be helped by the proposed legislation.
1:29:38 PM
McHUGH PIERRE, Deputy Commissioner/Chief of Staff, Office of the
Commissioner/Adjutant General, Department of Military &
Veterans' Affairs, informed the committee his department has
worked closely with the veteran's caucus staff, Representative
Thomas, and Senator Huggins to meet the needs of Guard, reserve,
and active duty service members. He expressed his appreciation
for "helping to take these loopholes out of the law that will
really ease our members' minds when they are deployed."
1:30:45 PM
REPRESENTATIVE LYNN moved to report CSHB 334, 26-LS1310\E, out
of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, CSHB
334(MLV) was reported from the House Special Committee on
Military and Veterans' Affairs.
| Document Name | Date/Time | Subjects |
|---|