Legislature(1993 - 1994)

03/11/1994 03:00 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
           HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES                         
                       STANDING COMMITTEE                                      
                         March 11, 1994                                        
                            3:00 p.m.                                          
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Rep. Cynthia Toohey, Co-Chair                                                
  Rep. Con Bunde, Co-Chair                                                     
  Rep. Gary Davis, Vice Chair                                                  
  Rep. Al Vezey                                                                
  Rep. Pete Kott                                                               
  Rep. Harley Olberg                                                           
  Rep. Bettye Davis                                                            
  Rep. Irene Nicholia                                                          
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Rep. Tom Brice (Excused)                                                     
                                                                               
  OTHER LEGISLATORS PRESENT                                                    
                                                                               
  Rep. Cliff Davidson                                                          
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  *HB 422:  "An Act relating to custody and visitation                         
            rights."                                                           
                                                                               
            HEARD AND HELD                                                     
                                                                               
  (* First public hearing.)                                                    
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  CLAIRE STEFFENS, Attorney                                                    
  P.O. Box 101847                                                              
  Anchorage, Alaska 99510                                                      
  Phone:  (907) 276-5846                                                       
  Position Statement:  Testified in support of HB 422                          
                       (spoke via teleconference)                              
                                                                               
  TERRI LAUTERBACH, Legislative Legal Counsel                                  
  Division of Legal Services                                                   
  Legislative Affairs Agency                                                   
  130 Seward St.                                                               
  Juneau, Alaska 99801                                                         
  Phone:  (907) 465-2450                                                       
  Position Statement:  Answered questions on the CS for HB 422                 
                                                                               
                                                                               
  RUSSEL BLOME                                                                 
  P.O. Box 231836                                                              
  Anchorage, Alaska  99523                                                     
  Phone:  (907) 349-4053                                                       
  Position Statement:  Testified in support of HB 422                          
                       (spoke via teleconference)                              
                                                                               
  PATRICIA NEAL                                                                
  P.O. Box 2059                                                                
  Wrangell, Alaska 99929                                                       
  Phone:  (907) 874-2529                                                       
  Position Statement:  Testified in support of HB 422                          
                       (spoke via teleconference)                              
                                                                               
  WADE WAHRENBROCK                                                             
  P.O. Box 628                                                                 
  Soldotna, Alaska 99669                                                       
  Phone:  (907) 262-9033                                                       
  Position Statement:  Testified in support of HB 422                          
                       (spoke via teleconference)                              
                                                                               
  TIN MAROK                                                                    
  HC 2 Box 707                                                                 
  Soldotna, Alaska 99669                                                       
  Phone:  (907) 262-7873                                                       
  Position Statement:  Testified in support of HB 422                          
                       (spoke via teleconference)                              
                                                                               
  GUSTAVO ACEVEDO                                                              
  P.O. Box 1931                                                                
  Bethel, Alaska 99559                                                         
  Phone:  (907) 543-3462                                                       
  Position Statement:  Testified in support of HB 422                          
                       (spoke via teleconference)                              
                                                                               
  TRACY DRISKILL, Founder                                                      
  Family Affirmative Action                                                    
  P.O. Box 875731                                                              
  Wasilla, Alaska 99687                                                        
  Phone:  (907) 373-1440                                                       
  Position Statement:  Testified in support of HB 422                          
                       (spoke via teleconference)                              
                                                                               
  TAMMY STEELE                                                                 
  P.O. Box 870535                                                              
  Wasilla, Alaska 99687                                                        
  Phone:  (907) 373-3261                                                       
  Position Statement:  Testified in support of HB 422                          
                       (spoke via teleconference)                              
                                                                               
  JIM COLVER                                                                   
  P.O. Box 427                                                                 
  Palmer, Alaska 99645                                                         
  Phone:  (907) 745-8474                                                       
  Position Statement:  Testified in support of HB 422                          
                       (spoke via teleconference)                              
                                                                               
  STEPHANIE McBRIDE                                                            
  3011 Admiralty Bay Dr.                                                       
  Anchorage, Alaska 99515                                                      
  Phone:  (907) 349-5626                                                       
  Position Statement:  Testified in support of HB 422                          
                       (spoke via offnet)                                      
                                                                               
  JIM ARNESON, President                                                       
  Alaska Family Support Group                                                  
  P.O. Box 111691                                                              
  Anchorage, Alaska 99511-1691                                                 
  Phone:  (907) 344-7707                                                       
  Position Statement:  Testified in support of HB 422                          
                       (spoke via teleconference)                              
                                                                               
  JERRY CHRISTENSEN                                                            
  HC 30 Box 5348                                                               
  Wasilla, Alaska 99654                                                        
  Phone:  (907) 376-7901                                                       
  Position Statement:  Testified in support of HB 422                          
                       (spoke via teleconference)                              
                                                                               
  GARY MAXWELL, Statewide Coordinator                                          
  Children's Rights Council of Alaska                                          
  P.O. Box 92083                                                               
  Anchorage, Alaska 99509                                                      
  Phone:  (907) 274-7358                                                       
  Position Statement:  Testified in support of HB 422                          
                       (spoke via teleconference)                              
                                                                               
  DIANNA ALCANTRA                                                              
  17421 Teklaniker                                                             
  Eagle River, Alaska 99577                                                    
  Phone:  (907) 696-4446                                                       
  Position Statement:  Testified in support of HB 422                          
                       (spoke via teleconference)                              
                                                                               
  KENNETH KIRK, Attorney                                                       
  900 W. 5th Ave., #730                                                        
  Anchorage, Alaska 99501                                                      
  Phone:  (907) 279-1659                                                       
  Position Statement:  Testified in support of HB 422                          
                       (spoke via teleconference)                              
                                                                               
  KERI BASLER                                                                  
  5800 College Dr.                                                             
  Anchorage, Alaska 99504                                                      
  Phone:  (907) 338-1824                                                       
  Position Statement:  Testified in support of HB 422                          
                       (spoke via teleconference)                              
                                                                               
  JAYNE ANDREEN, Executive Director                                            
  Council on Domestic Violence and Sexual Assault                              
  P.O. Box 111200                                                              
  Juneau, Alaska 99811-1200                                                    
  Phone:  (907) 465-4356                                                       
  Position Statement:  Testified in opposition to HB 422                       
                                                                               
  SHERRIE GOLL, Lobbyist                                                       
  Alaska Women's Lobby                                                         
  P.O. Box 22156                                                               
  Juneau, Alaska 99802                                                         
  Phone:  (907) 463-6744                                                       
  Position statement:  Testified in opposition to HB 422                       
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  HB 422                                                                
  SHORT TITLE: CHILD CUSTODY AND VISITATION RIGHTS                             
  SPONSOR(S): REPRESENTATIVE(S) BUNDE                                          
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/31/94      2206    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/31/94      2206    (H)   HES, JUDICIARY, FINANCE                          
  03/11/94              (H)   HES AT 03:00 PM CAPITOL 106                      
                                                                               
  ACTION NARRATIVE                                                             
  TAPE 94-44, SIDE A                                                           
  Number 000                                                                   
                                                                               
  CHAIR TOOHEY called the meeting to order at 3:05 p.m., noted                 
  members present and announced the calendar.  She brought HB
  422 to the table.                                                            
                                                                               
  HB 422 - CHILD CUSTODY AND VISITATION RIGHTS                                 
                                                                               
  Number 050                                                                   
                                                                               
  REP. CON BUNDE, Prime Sponsor of HB 422, stated that before                  
  the committee was a committee substitute (CS) for HB 422 and                 
  asked that the CS be moved.                                                  
                                                                               
  REP. G. DAVIS made the motion to adopt the CS for HB 422.                    
                                                                               
  CHAIR TOOHEY, hearing no objections, stated that the CS was                  
  so moved.                                                                    
                                                                               
  REP. BUNDE addressed the CS.  He stated that one of the                      
  greatest consequences of the rising divorce rate is the                      
  child's lack of relationship with two parents.  He also                      
  indicated that children from broken homes tend to engage in                  
  sex at an earlier age and pose a greater risk to themselves                  
  for exposure to the AIDS virus.  He then asserted that                       
  children of divorced parents have a right to maintain a                      
  relationship with both parents.                                              
                                                                               
  REP. BUNDE said the amount of child visitation ordered by a                  
  court is of great concern to many parents and is directly                    
  related to the amount of child support a noncustodial parent                 
  will have to pay.  However, he said the bill does not                        
  provide opportunity to lower child support payments.  It                     
  provides the opportunity for noncustodial parents to gain                    
  access to their children and to have an ongoing relationship                 
  with them.                                                                   
                                                                               
  REP. BUNDE maintained that the legislation addresses the                     
  problem of children being used as pawns in domestic disputes                 
  between the parents.  He said the proposal would provide                     
  minimum visitation guidelines for parents who do not have                    
  shared custody or joint custody of their children.  Present                  
  statutes do not include any type of minimum visitation                       
  guidelines, resulting in the children being placed in the                    
  center of emotional arguments.                                               
                                                                               
  REP. BUNDE indicated that the CS allows for flexibility for                  
  visitation times and the ability of a parent to enforce                      
  court ordered visitation.  He specified that both versions                   
  of the bill include a provision for notice of relocation,                    
  which requires that the court and the noncustodial parent be                 
  notified 60 days in advance of the custodial parent's move.                  
                                                                               
  REP. BUNDE further stated that the proposal addresses                        
  intentional noncompliance, which is also defined as                          
  custodial interference.  He explained that if a parent is                    
  found guilty of custodial interference, they would incur                     
  monetary damages, and the noncustodial parent would be                       
  awarded at least twice the amount of visitation time that                    
  had been denied because of custodial interference.                           
                                                                               
  REP. BUNDE asserted that passage of the legislation would be                 
  a step forward for children and indicated it is the parents                  
  who are divorced, not the children.  The intent of the                       
  legislation is to preclude children from being used as                       
  negotiating tools during and after a divorce.  He maintained                 
  that the children deserve the attention of both parents in a                 
  consistent manner and urged the support of the committee.                    
  He then indicated that he would like to hear testimony via                   
  teleconference and that he would be happy to answer any                      
  questions.                                                                   
                                                                               
                                                                               
  (Chair Toohey stated for the record that Rep. Olberg arrived                 
  at 3:09 p.m.)                                                                
                                                                               
  CHAIR TOOHEY asked for teleconference testimony from                         
  Anchorage.                                                                   
                                                                               
  Number 226                                                                   
                                                                               
  CLAIRE STEFFENS, Attorney, testified via teleconference in                   
  support of HB 422.  She stated that she supported the                        
  legislation, even though it would decrease court case loads                  
  by half and put divorce attorneys out on the street.  She                    
  said, as a result of the proposal, children will no longer                   
  be used as weapons between the parents.  She maintained that                 
  the need for the legislation is unquestioned and it provides                 
  for good enforcement.  She also stated that the bill would                   
  not affect the child support program, but would maintain the                 
  distinction between child support and access of the child to                 
  the noncustodial parent.  She felt the legislation provides                  
  for enforcement pertaining to denial of visitation and that                  
  the parent who is being denied visitation has a remedy to                    
  the problem by way of the courts.  Society needs to take                     
  more stringent steps in supporting the child's need to have                  
  access to both parents.  She suggested that society is                       
  suffering the malaise of children who in some form have been                 
  abandoned by one or both parents in a divorce situation.                     
                                                                               
  MS. STEFFENS supported the concept of a 60 day notice of                     
  relocation.  She said it would be instrumental in protecting                 
  custodial parents from "kidnapping" their children.                          
                                                                               
  MS. STEFFENS further stated that she did have one problem                    
  with the bill as written.                                                    
                                                                               
  Number 365                                                                   
                                                                               
  CHAIR TOOHEY asked Ms. Steffens if she was reading from the                  
  work draft.                                                                  
                                                                               
  MS. STEFFENS said yes.  She indicated that in Section 6 the                  
  language seemed to provide for an increase of at least 25%                   
  in visitation time.  She suggested that perhaps a period be                  
  put after the word "time" on line 12 and delete the rest of                  
  the sentence.  She explained that the portion of the                         
  sentence that should be deleted is unclear.  She asserted                    
  that the line could be interpreted to mean that only people                  
  who have 4.5% visitation time would be subject to having the                 
  court review their visitation orders.  She said that no one                  
  has that little visitation time.  She also said that the                     
  legislation does not apply to those who have no visitation                   
  time.  She said by leaving off that portion of the sentence,                 
  the provision would apply to anyone who has at least 29%                     
  visitation time.  It would make the minimum standard                         
  applicable to all people.                                                    
                                                                               
  Number 434                                                                   
                                                                               
  REP. BUNDE reiterated that Ms. Steffens' recommendation                      
  would be to delete the phrase "of at least 25 percent and                    
  the modification is in the best interests of the child."  He                 
  asked if she would respond positively to an increase in                      
  visitation time that is in the best interest of the child.                   
                                                                               
  MS. STEFFENS indicated that it is not necessary because the                  
  court is required to make the visitation order in the best                   
  interest of the child anyway.                                                
                                                                               
  Number 460                                                                   
                                                                               
  CHAIR TOOHEY pointed out to the committee that Terry                         
  Lauterbach, the drafter of the legislation, was available                    
  for questions.                                                               
                                                                               
  Number 461                                                                   
                                                                               
  TERRY LAUTERBACH, Legislative Counsel, Division of Legal                     
  Services, Legislative Affairs Agency, testified in Juneau on                 
  HB 422.  She stated in regards to Ms. Steffens' issue that                   
  the section would only apply to people with less than 5%                     
  custody, she felt it is not how the language reads, it would                 
  be whether the increase would be 25%.  It would apply to                     
  anyone with less than 25% now.  She said, "The 25% that they                 
  have plus another 25% is still going to keep them under 30                   
  (percent).  So, anyone who now has visitation rights of less                 
  than 25% would benefit or be able to use this law to ask for                 
  modification."  She further stated that she has no                           
  objection, if it's the committee's desire to make a change                   
  that would allow any sufficient increase.                                    
                                                                               
  MS. LAUTERBACH stated that the phrase, "...modification is                   
  in the best interests of the child...," is not duplicative                   
  as indicated by Ms. Steffens.  She said that page 5, line                    
  10, states that this constitutes a change requiring                          
  modification.  She also added that even though there may be                  
  a court ruling which says that the best interest of the                      
  child must be followed, it doesn't mean that there couldn't                  
  be a lack of clarity.  She felt it was safer to have the two                 
  statements within the one act.  She stated that she had no                   
  legal objection if the phrase "of at least 25 percent" were                  
  to be taken out, but recommended that the language remain as                 
  written.                                                                     
                                                                               
  Number 532                                                                   
                                                                               
  CHAIR TOOHEY asked Ms. Lauterbach, if the percentage goes                    
  above 30, would the rate of child support change?                            
                                                                               
  MS. LAUTERBACH indicated that the rate may or may not                        
  change, and pointed out that the calculations are different                  
  for shared custody.  She also stated that there are many                     
  different factors involved in child support, and a person                    
  could end up paying the same amount, even though that person                 
  is above 30%.  She explained that it happens in shared                       
  custody situations where child support is initially figured                  
  as if the person has full custody and then is multiplied by                  
  1.5, because it's recognized that taking care of two                         
  households costs more than taking care of one.  She said,                    
  "...that often can get you right back up to what you would                   
  pay if you had no custody at all.  So, it's not always a                     
  change in child support, especially if there's a huge                        
  disparity in the income of the two parents."                                 
                                                                               
  Number 568                                                                   
                                                                               
  CHAIR TOOHEY asked for further testimony from Anchorage.                     
                                                                               
  Number 571                                                                   
                                                                               
  RUSSEL BLOME, a noncustodial father, testified via                           
  teleconference from Anchorage in support of HB 422.  He                      
  stated that the proposed legislation will benefit both                       
  children and parents alike.  He said that by establishing                    
  visitation guidelines, children will have access to both                     
  parents, which will contribute to the child's well being.                    
  He also said that it is well documented that parents with                    
  visitation pay support in full and on time up to 90% of the                  
  time.  He indicated that Civil Rule 90.3 requires payment of                 
  child support and that the passage of HB 422 would require                   
  certain levels of visitation, which will provide a balance                   
  of support and visitation.                                                   
                                                                               
  MR. BLOME further stated that the legislation will also                      
  allow more uniform visitation.  He said both parents will be                 
  able to plan time more effectively and bring more order into                 
  their lives.  He also felt that a uniform award of                           
  visitation would likely reduce appeals of arbitrary awards,                  
  subsequently reducing the great burden on the court system                   
  and the amount of legal fees for all those involved.                         
                                                                               
  MR. BLOME asserted that the failure to pass HB 422 will have                 
  serious consequences, citing that parents without visitation                 
  pay child support less than 40% of the time and that a child                 
  endures unnecessary pain and suffering from not being                        
  allowed to have visitation with one parent.  He felt that                    
  the children are the victims being held hostage by the                       
  custodial parent who is depriving them of the emotional                      
  security of the two parent family.                                           
                                                                               
  Number 637                                                                   
                                                                               
  CHAIR TOOHEY indicated that Rep. Cliff Davidson was present                  
  and asked him to join the committee.  She then asked for                     
  further teleconference testimony.                                            
                                                                               
  Number 645                                                                   
                                                                               
  PATRICIA NEAL, a custodial parent married to a noncustodial                  
  father, testified via teleconference in support of HB 422.                   
  She stated that her husband is back in court for the second                  
  time in eight months because court orders do not work.  She                  
  said her concern is how can divorced parents be assured that                 
  the legislation will be enforced by the courts.  She                         
  indicated that currently there is a law that stipulates a                    
  $200 fine for denial of visitation, yet it is not enforced.                  
  She further stated that she strongly supports the 60 day                     
  notice of relocation and related to the committee her                        
  husband's experience with his ex-wife who left the state                     
  with his nine year old daughter after he filed a change in                   
  custody.  She said the courts did nothing.  She asserted                     
  that the legislation is not about child support, it is about                 
  the rights of the child no matter which parent has custody.                  
  Ms. Neal said equality would be brought to the system.                       
                                                                               
  Number 711                                                                   
                                                                               
  CHAIR TOOHEY asked for further testimony.                                    
                                                                               
  Number 712                                                                   
                                                                               
  WADE WAHRENBROCK, a noncustodial parent, testified via                       
  teleconference in support of HB 422.  He stated that the                     
  proposed legislation will offer balance to children.  He                     
  then referred to the CS, page 3, line 7, and stated that the                 
  provision addresses Christmas vacation.  He said the section                 
  is nonnegotiable and that geographic location could be a                     
  problem when trying to split up the Christmas holiday.  He                   
  asked the committee to reconsider the provision.                             
                                                                               
  Number 752                                                                   
                                                                               
  REP. BUNDE asked Mr. Wahrenbrock to read further down page                   
  3, line 20, and indicated that the court may vary the                        
  requirements under the section in the consideration of age,                  
  circumstances, and needs of the child.  He pointed out that                  
  there is flexibility within the legislation.                                 
                                                                               
  MR. WAHRENBROCK asked, if his ex-spouse decided to relocate                  
  to another area, would the court have to review the case                     
  each time she relocated?                                                     
                                                                               
  REP. BUNDE deferred to Ms. Lauterbach.                                       
                                                                               
  MS. LAUTERBACH indicated that unrelated to the proposed                      
  legislation there is always the option to modify visitation                  
  or custody when there is a material change in circumstance.                  
  She said it was her understanding that movement of a child                   
  out-of-state or a very long distance would constitute some                   
  type of modification.                                                        
                                                                               
  MR. WAHRENBROCK said he hoped the issue could be addressed                   
  between the parents instead of building the guidelines into                  
  statute for them.                                                            
                                                                               
  Number 789                                                                   
                                                                               
  TOM MAROK, a noncustodial parent, testified via                              
  teleconference in support of HB 422.  He stated that he                      
  would like to see the Christmas holiday be divided on                        
  Christmas Eve and not the morning of Christmas.  He also                     
  referred to the second paragraph and second sentence of the                  
  sponsor statement that reads, "The amount of visitation                      
  ordered by the court is directly related to the amount of                    
  child support a noncustodial parent will have to pay."  He                   
  asked for further clarification.                                             
                                                                               
  Number 818                                                                   
                                                                               
  REP. BUNDE explained that if a person has joint custody,                     
  less child support is paid as opposed to having only                         
  visitation rights at 5%.  He indicated that the longer a                     
  child is with a noncustodial parent, the less child support                  
  the visiting parent must pay.                                                
                                                                               
  MS. LAUTERBACH stated that visitation is a term applied to                   
  what the parent who is not the custodial parent has.  If                     
  visitation goes above 30%, both parents are considered to be                 
  custodians and neither one has visitation rights.  She                       
  further indicated that the reference made in the sponsor                     
  statement saying that the amount of visitation is directly                   
  related to child support is not exactly accurate.  She said                  
  there is no difference between the child support paid for 5%                 
  visitation and 29% visitation.                                               
                                                                               
  MR. MAROK agreed and felt the statement should be clearer.                   
                                                                               
  REP. BUNDE said that the term more accurately should be                      
  custody; the amount of custody versus visitation has an                      
  impact on the amount of child support.                                       
                                                                               
  MS. LAUTERBACH said, "And even then, the impact is...                        
  there's a bright line at 30% where the calculations change.                  
  So, it's only if you're above or below 30% that the                          
  calculations will be different."                                             
                                                                               
  MR. MAROK asked if there would be a noncustodial parent if                   
  the percentage is above 30.                                                  
                                                                               
  MS. LAUTERBACH explained that both parents would be                          
  considered custodians.  One is called an obligor because                     
  they pay the child support, and the other parent is called                   
  the custodian, but it is an inaccurate use of terms because                  
  there is no visitation rights.                                               
                                                                               
  MR. MAROK thanked Ms. Lauterbach for her clarifications.                     
                                                                               
  Number 862                                                                   
                                                                               
  CHAIR TOOHEY asked for further testimony.                                    
                                                                               
  Number 863                                                                   
                                                                               
  GUSTAVO ACEVEDO, a noncustodial parent, testified via                        
  teleconference in support of HB 422.  He stated that he has                  
  had many problems trying to visit his daughter and indicated                 
  that over the four years since he has been divorced, he has                  
  only seen his daughter "for about three or four months."  He                 
  said his ex-wife is denying his visitation for no reason.                    
  He said he had to fly to Anchorage to find a lawyer to                       
  handle his case.  He said he has had no visitation with his                  
  daughter in over three years.  He indicated that his ex-wife                 
  has given away two other of her children from two different                  
  fathers and he fears she will give away his daughter, too.                   
  He stated that he and his ex-wife do have a visitation                       
  agreement, but she continually denies him visitation and                     
  blames the situation on him.                                                 
                                                                               
  Number 948                                                                   
                                                                               
  TRACY DRISKILL, Founder, Family Affirmative Action,                          
  testified via teleconference in support of HB 422.  She                      
  stated that she is the custodial parent of two children and                  
  a second wife to a noncustodial father of one.  She                          
  explained that her children from her first marriage have                     
  very liberal access and phone contact with their natural                     
  father and indicated that the children need "daddy in their                  
  life just as much as they need mommy."  She further                          
  explained that her children are leaders in their school,                     
  have no problems interacting with others, and felt they                      
  directly benefit from spending time with both their parents,                 
  "hassle free."  She then explained that in the past eight                    
  years her husband has spent approximately $60,000 so he                      
  could maintain a relationship with his daughter.  He has                     
  been to court four different times due to denial of                          
  visitation.  She said the first time the judge ordered the                   
  parents to sit down and work out an equitable schedule.  She                 
  explained that the order did not work as the ex-wife felt                    
  that visitation for two or three days per month was                          
  sufficient.  She said each time her husband went to court                    
  his child support was increased and he was held responsible                  
  for all or part of his ex-wife's attorneys fees.  He then                    
  would receive an increase in visitation, but each time there                 
  was successive denial of court ordered visitation.  Ms.                      
  Driskill said no penalties were imposed, only "just a mere                   
  slap on the hand and told not to interfere with visitation."                 
  She indicated that her husband's daughter is nine years old                  
  and wets her pants and bed and is not involved in any                        
  activities because she has no drive.  She further indicated                  
  that the child is below average in school and has                            
  disciplinary problems both in and out of school.                             
                                                                               
  MS. DRISKILL stated that up to 70% of grown children who                     
  commit crimes come from broken families and many have stated                 
  in counselling that they are angry with the system.  She                     
  said there is strong evidence to prove that there is a great                 
  lack of noncustodial influence in children's lives after                     
  divorce.                                                                     
                                                                               
  MS. DRISKILL stated that it is a known fact that if                          
  custodial parents spend more time with the children more                     
  money will be spent.  She felt that anything less than 29.5%                 
  minimum visitation is a crime against the children.                          
                                                                               
  TAPE 94-44, SIDE B                                                           
  Number 000                                                                   
                                                                               
  CHAIR TOOHEY asked for further testimony and requested that                  
  witnesses keep their testimony under three minutes.                          
                                                                               
  Number 002                                                                   
                                                                               
  TAMMY STEELE, a custodial parent of two children and wife of                 
  a noncustodial parent, testified via teleconference in                       
  support of HB 422.  She stated that her husband has                          
  undergone constant interference with his visitation and                      
  without passage of the bill, "we have no place to go."  She                  
  said that the proposal offers guidelines that would help her                 
  husband gain what is rightfully his.  She indicated that                     
  when the custodial mother started interfering with her                       
  husband's visitation, the child's grades went from A's to                    
  D's or her work was incomplete.  She indicated that the                      
  child's whole attitude changes and is very functional when                   
  there is consistent visitation.  She felt the child would                    
  end up being nonfunctional in society if nothing is done to                  
  ensure consistent visitation.  She urged the passage of HB
  422.                                                                         
                                                                               
  Number 118                                                                   
                                                                               
  CHAIR TOOHEY thanked Ms. Steele for her testimony and                        
  continued on with testimony from Mat-Su.                                     
                                                                               
  Number 120                                                                   
                                                                               
  JIM COLVER testified via teleconference in support of HB
  422.  He stated that the bill is a children's rights bill,                   
  guaranteeing a child's access to both parents.  It would                     
  allow for the minimum amount of court ordered visitation                     
  with a noncustodial parent, regardless of the outcome of the                 
  divorce.  He maintained that society should take a stance                    
  that would advocate the participation of both parents in a                   
  continuing relationship with their children.  He stated that                 
  often children are the victims of the high divorce rate.                     
                                                                               
  MR. COLVER further stated that a book by Judith Walderstein,                 
  "Second Chances:  Men, Women and Children, a Decade after                    
  Divorce," chronicles a ten year study of 16 divorced                         
  families.  He read excerpts from the book that urges that                    
  children have real fathers to encourage them in particular                   
  times of life and that the study shows that good                             
  father\child relationships are critically important to the                   
  psychological well being and the self-esteem of children of                  
  divorce.  He indicated that the father's consistent role is                  
  beneficial to the child's emotional life, self-esteem, self-                 
  image.                                                                       
                                                                               
  CHAIR TOOHEY reminded Mr. Colver that the legislation is                     
  gender neutral.                                                              
                                                                               
  MR. COLVER agreed and said he hoped that the committee would                 
  obtain copies of the aforementioned book.  He felt that many                 
  societal problems can be attributed to the breakdown of the                  
  family.  He asserted that the bill would result in lower                     
  court costs and attorneys fees, would reduce visitation                      
  litigation, and would not result in lower child support                      
  payments.  He further indicated that in Section 2 there                      
  needed to be a "rebuttal presumptuous" within 29% so the                     
  courts would not wander away from the guidelines.  He also                   
  recommended that the title be "tightened up" so it does not                  
  become a vehicle for anyone in other committees to change                    
  the concept.                                                                 
                                                                               
  Number 246                                                                   
                                                                               
  STEPHANIE McBRIDE, the wife of a noncustodial father,                        
  testified via offnet in support of HB 422.  She stated that                  
  her husband has been denied visitation time and time again.                  
  She said she and her husband have two children between them                  
  and she would not interfere with visitation.  She explained                  
  that her children are happy and self-confident because they                  
  have a father in their life.  She indicated that her                         
  husband's daughter has a lack of self-confidence and                         
  problems in school.  She said she and her husband worry                      
  about "where her head will be at as far as responsibility                    
  for herself and her body."  She indicated that the attorney                  
  fees involved are astronomical.  She supported the basic                     
  minimum guidelines because she felt legal fees would be                      
  reduced tremendously and that not every judge has an inside                  
  view of how the relationships are between the parents and                    
  children.                                                                    
                                                                               
  Number 305                                                                   
                                                                               
  CHAIR TOOHEY reminded everyone that Ms. Steffens said she                    
  would be out of a job if the bill passes.  She then asked                    
  for further testimony.                                                       
                                                                               
  Number 307                                                                   
                                                                               
  JIM ARNESON, President, Alaska Family Support Group,                         
  testified via teleconference in support of HB 422.  He                       
  stated that the legislation relates to guidelines for                        
  parental involvement and guaranteeing arrangements for                       
  children after a divorce or when parents live apart.  He                     
  said the legislation would provide the remedy to parental                    
  interference.  He asserted that parental support is just as                  
  important as financial support.  He said it is estimated                     
  that over 10,000 children in Alaska are denied access to                     
  both of their parents each year.  Mr. Arneson said the                       
  rights of children to enjoy a relationship with both their                   
  parents is paramount to their all around well-being.  She                    
  also pointed out the relationship of those people who are in                 
  prison and the amount who come from broken homes.  He stated                 
  the legislation would go far in promoting responsible                        
  parenting of children after divorce.  He said society should                 
  be willing to shoulder the burden if it chooses to do                        
  nothing to prevent children from being denied access to both                 
  parents.  He urged the support of the committee.                             
                                                                               
  Number 490                                                                   
                                                                               
  JERRY CHRISTENSEN, a noncustodial parent, testified via                      
  teleconference in support of HB 422.  He stated he has                       
  endured a lot of turmoil and bitterness since his divorce                    
  five years ago, which has resulted in denied visitation.  He                 
  indicated that for the last three years he has been unsure                   
  of whether he would be able to see his son from one week to                  
  the next.  He said it is obvious in his case that a decision                 
  cannot be worked out, and the proposed legislation could                     
  provide guidelines to help resolve his situation.  He                        
  further indicated that children have no active part in the                   
  process and the proposal would serve the needs of the                        
  children.  He related scenarios where he has gone to the                     
  designated meeting place to pick up his son, and the mother                  
  and son never showed up or arrived two hours late.  He urged                 
  the committee to support HB 422.                                             
                                                                               
  Number 556                                                                   
                                                                               
  GARY MAXWELL, Statewide Coordinator, Children's Rights                       
  Council of Alaska, testified via teleconference in support                   
  of HB 422.  He stated that he works for a law firm as a                      
  paralegal and they mainly work with denied visitation.  He                   
  suggested that there perhaps would be two major objections                   
  to the mandatory visitation guidelines.  First, he stated                    
  that the mandatory visitation is inflexible and indicated                    
  that the courts always recognize that visitation schedules                   
  need to be flexible both for custodial and noncustodial                      
  parents, citing that not only can an individual parent's                     
  daily activities change, but so can the school activities of                 
  the children.  Secondly, he said that it could be argued                     
  that child support could be affected.  He said, "This is a                   
  facetious argument that is without merit."  He explained                     
  that he went through the figures for a sole custody                          
  calculation based on the father having net income of $40,000                 
  and the mother netting $20,000 per year and the father                       
  getting 28% of visitation.  He said the father would end up                  
  paying $667.00 per month in child support.                                   
                                                                               
  Number 607                                                                   
                                                                               
  CHAIR TOOHEY asked Mr. Maxwell if he was reading from the                    
  work draft or from the original bill.                                        
                                                                               
  MR. MAXWELL indicated that he was making reference to the                    
  working draft.  He further stated that if the same numbers                   
  are formulated in a joint custody calculation, where                         
  visitation is increased to 34% for the father and 66% for                    
  the mother, the child support amount would total $490.00 and                 
  the father would have more disposable income to spend when                   
  he's exercising his access with his children.  He said it                    
  was his opinion that the father will inevitably spend that                   
  money and more on the children when they are spending more                   
  quality time with him.                                                       
                                                                               
                                                                               
  Number 638                                                                   
                                                                               
  MS. LAUTERBACH stated that she was confused by Mr. Maxwell's                 
  example because nothing in the CS would allow a parent up to                 
  34% and the minimum visitation awarded is 29.5%                              
                                                                               
  MR. MAXWELL replied that he was using a hypothetical example                 
  to show the difference between calculations of sole and                      
  shared custody.                                                              
                                                                               
  MS. LAUTERBACH said she was unsure as to how the example is                  
  relevant to the bill.                                                        
                                                                               
  MR. MAXWELL maintained that it relates to the argument that                  
  child support will be drastically affected.                                  
                                                                               
  CHAIR TOOHEY thanked Mr. Maxwell for his testimony.  She                     
  then asked for testimony from Dianna Alcantra.                               
                                                                               
  Number 667                                                                   
                                                                               
  DIANNA ALCANTRA, a wife to a noncustodial parent, testified                  
  via teleconference in support of HB 422.  She stated that                    
  the 29.5% visitation is too little.  She felt the argument                   
  that it would interfere with child support is ludicrous and                  
  said the money goes to the child not the other parent.  She                  
  said, "If the custodial parent has a reduction in child                      
  support, the noncustodial parent has an increase in which                    
  they would spend on the children.  I think it's a shame that                 
  it was reduced to 29.5% to avoid that."  She further                         
  indicated that she and her husband have been in the courts                   
  since 1990.  She said last year a judge had to order the                     
  custodial parent to allow her husband's son to play Allstar                  
  baseball, and the mother's objection was that the game was                   
  during the summer and the husband was receiving a credit for                 
  visitation of $35.00 per day for the child.  The mother did                  
  not want to lose the $35.00.  She further explained that                     
  visitation has been interrupted and the mother has moved out                 
  of the state with her husband's son.  She explained that                     
  when there are no guidelines set down, it leaves the parents                 
  to their own interpretation.  She related a situation where                  
  the custodial parent thought every other weekend visitation                  
  meant for Saturday and Sunday, while the noncustodial parent                 
  interpreted it to mean Friday night through Sunday night.                    
  She said at least $10,000 has been spent over the last                       
  several years arguing over the interpretation of a bad                       
  visitation schedule.  She said children desperately need the                 
  proposed legislation to ensure their rights to access of                     
  both parents and to protect them from being used as                          
  "bargaining chips" for money.                                                
                                                                               
  Number 744                                                                   
                                                                               
  CHAIR TOOHEY asked Ms. Lauterbach if the bill, in any way,                   
  forces an unwilling parent to visit his or her child.                        
                                                                               
  MS. LAUTERBACH said there is no law or court that can force                  
  an unwilling parent to visit a child.                                        
                                                                               
  CHAIR TOOHEY asked for further testimony.                                    
                                                                               
  Number 748                                                                   
                                                                               
  KENNETH KIRK, Attorney, testified via teleconference in                      
  support of HB 422.  He stated that while the minimum                         
  visitation is the most controversial portion of the bill,                    
  there are a number of other very good provisions.  He said                   
  the biggest problem is the issue of what the standard amount                 
  of visitation is.  He said it varies from judge to judge and                 
  case to case.  He indicated that approximately every two                     
  years Anchorage has a new judge and one is never sure what                   
  recommendation will come from custody investigators.  He                     
  asserted that a set schedule makes it easier for people to                   
  negotiate because they know what the standard is going to                    
  be.  He indicated that years ago it was the conventional                     
  wisdom that a child have one primary parent with occasional                  
  visits from the other parent.  He said many people are still                 
  going by that concept, which has proven to be disastrous.                    
  He further stated that the judicial system is "a lousy way                   
  to resolve custody battles."  He said judges do not always                   
  have good insight on cases and often they have limited time                  
  or have misjudged somebody.  He then recommended that there                  
  be an increase to the 29.5% visitation to at least above 30%                 
  so that each parent's income would be taken into account                     
  when calculating child support.  He also suggested that the                  
  phrase "...of at least 25 percent... and the modification is                 
  in the best interests of the child," should be deleted from                  
  page 5, line 12, or that the percentage should be dropped to                 
  10 or 15 percent to make it more reasonable.                                 
                                                                               
  Number 842                                                                   
                                                                               
  CHAIR TOOHEY asked if there was more testimony on                            
  teleconference.  She was told there was testimony to be                      
  heard from Anchorage.                                                        
                                                                               
  Number 843                                                                   
                                                                               
  KERI BASLER, Member, Alaska Family Support Group, and a                      
  custodial parent of two and wife to a noncustodial parent,                   
  testified via teleconference in support of HB 422.  She                      
  stated that she and her husband have a very fair visitation                  
  schedule and explained that her own parents used guidelines                  
  similar to those within the proposal and she never felt that                 
  either parent was unaccessible.  She said children across                    
  the state need to take the bill into serious consideration                   
  to protect their rights of access to both parents.  She                      
  maintained that the bill would provide those parents who can                 
  not find their own solution to visitation or who withhold                    
  visitation the necessary guidelines to a solution that would                 
  ensure that the best interests of the children are served.                   
  She asserted that the intent of HB 422 is to be a guideline.                 
  She said the definition of a guideline is a recommendation                   
  or principle for determining a course of action.  Ms. Basler                 
  also indicated that those opposing the bill allege that the                  
  supporters have financial motivations.  She said, "If you                    
  calculate the schedule, it does not meet the 30% threshold                   
  required for visitation credit."  She asserted that the                      
  Alaska Family Support Group's intention is to be fair and to                 
  do what's in the best interest of the children.  She urged                   
  the support of HB 422.                                                       
                                                                               
  Number 891                                                                   
                                                                               
  CHAIR TOOHEY asked if there was further teleconference                       
  testimony.  There was none.  She closed teleconference                       
  testimony and asked for testimony in Juneau.                                 
                                                                               
  Number 892                                                                   
                                                                               
  JAYNE ANDREEN, Executive Director, Council on Domestic                       
  Violence and Sexual Assault, testified in opposition to HB
  422.  She stated that in cases where family violence exists,                 
  a very structured child visitation is important to                           
  decreasing future violence toward the victim.  She said that                 
  the guidelines provided within the bill go too far and do                    
  not take into consideration the needs of the parents and                     
  children as well.  She also said the 60 day relocation was                   
  restrictive, especially to Alaskans with changing lifestyles                 
  and the fluctuation of seasonal employment.  She said the                    
  provision is unrealistic.  Also, she said when a custodial                   
  parent is a victim of violence, whether or not the                           
  perpetrator is the father in question or is a new partner,                   
  the bill could preclude the woman from seeking shelter for                   
  herself and her children.  A person cannot plan 60 days in                   
  advance if they need to go into a domestic violence shelter;                 
  they need to act quickly.  She suggested, to avoid                           
  jeopardizing the amount of child support, that as a rule                     
  single parent families are at the poverty level.  She said                   
  either the state picks up the liability or the family lives                  
  at substandard levels.                                                       
                                                                               
  TAPE 94-45, SIDE A                                                           
  Number 000                                                                   
                                                                               
  REP. BUNDE directed Ms. Andreen's attention to page 3, line                  
  20, and stated that the courts may vary requirements                         
  depending on age, circumstance, and needs of the child and                   
  also if the courts find that the requirement might cause                     
  harm to the child.  He felt the provisions addressed Ms.                     
  Andreen's concerns.                                                          
                                                                               
  CHAIR TOOHEY asked Sherrie Goll to testify.                                  
                                                                               
  Number 027                                                                   
                                                                               
  SHERRIE GOLL, Lobbyist, Alaska Women's Lobby, testified in                   
  Juneau in opposition to HB 422.  She stated that she is more                 
  comfortable with the changes in the CS regarding the change                  
  in the minimum visitation schedule.  She said it would not                   
  automatically "bump every case into shared custody, which                    
  would of course lower the child support."  She asserted that                 
  the minimum visitation schedule seemed completely unworkable                 
  as written in the original bill and was not in the best                      
  interest of the children, citing that the guidelines were so                 
  specific to the hour that it seemed the children would have                  
  to have their tooth brush packed at every moment.  She                       
  offered that children shouldn't be made to move place to                     
  place, and if the parents did want to engage in that type of                 
  schedule, perhaps the parents should have to move in and out                 
  of the house.  She then noted that some of the prior                         
  testimony referred to the provisions within the legislation                  
  as guidelines that could be changed, but she indicated that                  
  it does say "minimum visitation schedule" and it could be                    
  passed into law as the minimum.                                              
                                                                               
  MS. GOLL also noted that in the CS it requires the court to                  
  decrease the percentage of visitation if the visiting parent                 
  requests it but not if the custodial parent requests it.                     
  She said she did not understand the provision.  She then                     
  referred to the provision that made it a crime to interfere                  
  with visitation.  She asked if there was a fiscal note from                  
  public safety as to how it will be enforced.  She commented                  
  that there doesn't seem to be any enforcement of criminal                    
  nonsupport of children and further wondered how the state                    
  would start enforcing yet another criminal law.  She                         
  recommended that if the state is going to make a crime of                    
  custodial interference, that it also be a crime for a parent                 
  to not visit their child when visitation has been awarded.                   
                                                                               
  MS. GOLL felt that many parents do not have schedules that                   
  fit the minimum visitation schedule, citing those who are                    
  seasonal or shift workers.  She indicated that the 60 DAY                    
  relocation notice is inflexible.  She then said that she is                  
  sorry that there are so many parents in the state who have                   
  been unable to resolve their visitation schedules and feel                   
  that the proposed legislation is the answer for them.                        
                                                                               
  MS. GOLL further stated that she had received a letter from                  
  a divorced parent that related to her the existence of                       
  seminars for divorcing parents.  She explained that the                      
  seminars were taking place in other states and recommended                   
  supporting such an idea that would make it either mandatory                  
  or at least available to divorcing parents.  She felt the                    
  seminars might be able to offset future problems regarding                   
  visitation.  She reemphasized that the involvement of both                   
  parents in the children's lives is very important, but she                   
  is not sure that the proposed legislation is the way to                      
  resolve visitation problems.                                                 
                                                                               
  Number 250                                                                   
                                                                               
  CHAIR TOOHEY referred to page 3, line 20, and stated that                    
  judges may vary from the requirements in consideration of                    
  age, circumstance, and the needs of the children.                            
                                                                               
  MS. GOLL directed the committee's attention to page 3, line                  
  26, and asked for an explanation of why a noncustodial                       
  parent would have the opportunity to decrease the amount of                  
  visitation time and yet the custodial parent would not.                      
                                                                               
  CHAIR TOOHEY asked if the bill addresses those parents who                   
  do not want to visit their child.  She did not want to have                  
  any parents being forced to visit their child.                               
                                                                               
  REP. BUNDE indicated that the provision addresses the                        
  custodial parent who doesn't want the visiting parent to                     
  have access to the child, so they decrease the amount of                     
  visitation time.  He asserted that nowhere in the proposal                   
  does it require a parent to visit the child.                                 
                                                                               
  Number 313                                                                   
                                                                               
  MS. LAUTERBACH explained to Rep. Toohey that the state                       
  cannot force a noncustodial parent to visit their child.                     
  She said the bill allows a visiting parent to not be awarded                 
  the full 29.5% if they don't want it.  They can ask for 10%,                 
  but they would not start out at 29.5% if they did not want                   
  to.                                                                          
                                                                               
  Number 339                                                                   
                                                                               
  CHAIR TOOHEY closed public testimony.                                        
                                                                               
  REP. BUNDE asked the committee to address the concerns                       
  expressed in the form of written testimony from Dane Clark                   
  who suggested that there be an option to alternate Christmas                 
  vacation every other year like Thanksgiving.                                 
  (See Attachment 1.)                                                          
                                                                               
  REP. BUNDE indicated that the testimony pertains to the                      
  holiday visitation schedule within the bill.  He asked the                   
  committee to respond to the proposal made by Mr. Clark.                      
                                                                               
  MS. LAUTERBACH said if the change being requested was the                    
  request of the committee, it would not be a difficult                        
  amendment to draft.                                                          
                                                                               
  Number 376                                                                   
                                                                               
  REP. G. DAVIS requested the committee to consider the                        
  option.                                                                      
                                                                               
  MS. LAUTERBACH referred to prior testimony where witnesses                   
  were suggesting that it would be cumbersome to split the                     
  Christmas holiday up at 9:00 a.m. Christmas day.  She said                   
  the intent of the provision is to give one parent Christmas                  
  Eve and the other parent Christmas Day.  She noted that                      
  there is usually two weeks off for children in school and                    
  that is why Christmas is treated differently from the                        
  Thanksgiving holiday.  She said the change would be in the                   
  realm of reasonable policy to alternate Christmas vacation                   
  in the year that a parent does not have Thanksgiving.                        
                                                                               
  Number 411                                                                   
                                                                               
  REP. OLBERG asked if there was enough flexibility in the                     
  legislation to include both options.                                         
                                                                               
  CHAIR TOOHEY referred to Section B, page 3, line 20, and                     
  asked how flexible the court can be in that area.  She                       
  speculated as to whether a parent would have to get                          
  permission to be two hours late.  She asked if rigid time                    
  frames were built into the bill.                                             
                                                                               
  MS. LAUTERBACH said she did not think subsection B addresses                 
  Chair Toohey's question.  She said Section B addresses the                   
  flexibility of the original visitation schedule.  She                        
  indicated that Chair Toohey's question pertains to the crime                 
  of custodial interference and whether being late two hours                   
  would be considered sufficient interference to amount to the                 
  crime.                                                                       
                                                                               
  CHAIR TOOHEY asked which section of the bill would address                   
  the question.                                                                
                                                                               
  MS. LAUTERBACH said Section 1.                                               
                                                                               
  Number 455                                                                   
                                                                               
  REP. BUNDE explained that the substance of the question                      
  falls under the purview of the courts.  If a person is two                   
  hours late only one time and the other parent tries to press                 
  charges, no prosecutor would prosecute.  He asserted that if                 
  a parent is purposely being manipulative by being                            
  chronically late and is causing economical and emotional                     
  hardship, then a prosecutor would address the problem                        
  accordingly.  He said there would still be discretion with                   
  the court.                                                                   
                                                                               
  MS. LAUTERBACH referred to Section 1, paragraph 2, and                       
  indicated that there are three ways to show an intentional                   
  interference with visitation rights.  She said the key                       
  phrase in subsection A is, "...takes, entices, or keeps the                  
  child with the intent of denying access to the child..."                     
  She maintained that if a parent is two hours late and had no                 
  intention to deny access, the conditions of subsection A                     
  would not be met.  She stated that under subsection B, the                   
  parent must have already been found in contempt of court on                  
  a previous occasion to satisfy the conditions.  She further                  
  indicated that subsection C requires a pattern of                            
  intentional violation of court orders to allow visitation.                   
  She referred to Chair Toohey's question about being two                      
  hours late and said it would depend on whether it was                        
  intentional denial of access.                                                
                                                                               
  Number 502                                                                   
                                                                               
  CHAIR TOOHEY asked how a visitation schedule would be                        
  changed if a noncustodial parent experiences a shift change                  
  in hours at a job and needs to modify the schedule                           
  accordingly.  She asked how long it would take for the case                  
  to be heard in court.                                                        
                                                                               
  MS. LAUTERBACH said she was unsure of how long it would                      
  take.  She explained that when there is parental agreement                   
  it could be fairly expedient, but if there is no parental                    
  agreement, it could take years.                                              
                                                                               
  REP. BUNDE maintained that reasonable people work the                        
  schedule out and don't go to court.  But, if there is a                      
  parent who is adamant that there won't be any change, the                    
  case will end up in court.                                                   
                                                                               
  MS. LAUTERBACH speculated that there are many visitation                     
  orders in the state that are not being followed to the                       
  letter because the parents have reached another agreement.                   
                                                                               
  REP. BUNDE said the provision addresses those parents who                    
  cannot agree on the visitation schedule.                                     
                                                                               
  Number 540                                                                   
                                                                               
  CHAIR TOOHEY asked, if the schedule is not upheld by either,                 
  will the court take action?                                                  
                                                                               
  REP. BUNDE explained that there must be a complainant.                       
                                                                               
  CHAIR TOOHEY then asked where the parents would go.                          
                                                                               
  REP. BUNDE replied that they must go to court.                               
                                                                               
  CHAIR TOOHEY asked if a charge must be filed in court.                       
                                                                               
  MS. LAUTERBACH responded that they could go to the district                  
  attorney.                                                                    
                                                                               
  Number 563                                                                   
                                                                               
  REP. BUNDE directed the committee back to the concern of                     
  Christmas and if it should be alternated and asked for                       
  discussion.                                                                  
                                                                               
  REP. VEZEY said he did not have a strong preference but                      
  indicated that because of the nature of today's society and                  
  the distances involved for those who must travel, that                       
  perhaps the option of every other Christmas would be more                    
  convenient.                                                                  
                                                                               
  REP. BUNDE said he would like to include permissive language                 
  within the bill that would offer the alternation of the                      
  Christmas holiday as an option.  He asked Ms. Lauterbach how                 
  the change would be drafted.                                                 
                                                                               
  MS. LAUTERBACH explained that she would need a little more                   
  clarification and asked if the provision would be at the                     
  option of the parents or would it be something the court                     
  would designate after hearing travel circumstances.                          
                                                                               
  REP. BUNDE said he was unsure if it could be made completely                 
  the option of the parents.  He asked that it be included as                  
  an option the courts could offer to the parents.                             
                                                                               
  Number 635                                                                   
                                                                               
  REP. OLBERG indicated that the existing provision states                     
  that "...the court shall award the visiting parent at least                  
  the following... So, I would like to retract my previous use                 
  of the word flexibility, because that's fairly straight                      
  forward."  He then indicated that the provision is on page                   
  3, line 9.                                                                   
                                                                               
  REP. BUNDE said, "...then we go down to B, where the court                   
  shall award... But, there is some flexibility in light of                    
  the child's best interest."                                                  
                                                                               
  REP. OLBERG suggested that the provision specifies that the                  
  court shall award some sort of equitable visitation rights.                  
                                                                               
                                                                               
  REP. BUNDE said he would like the courts to have some type                   
  of guidelines whether they want them or not.                                 
                                                                               
  REP. OLBERG said that every other Christmas should be                        
  included as an option.                                                       
                                                                               
  REP. G. DAVIS suggested that the Christmas option could be                   
  added as a 5 after 4, that indicates the option of every                     
  other year.                                                                  
                                                                               
  Number 676                                                                   
                                                                               
  REP. BUNDE said he preferred the language "may" offer rather                 
  than "shall."  He asked if that would be confusing language.                 
  He asked Ms. Lauterbach to suggest appropriate language.                     
                                                                               
  REP. VEZEY said it was not his intention to advocate that a                  
  multiple choice statute be created.  He said that reasonable                 
  people can work out many complicated problems.  He said a                    
  choice needed to be made as to which is a better structure.                  
  He asserted that the suggested amendment would be more                       
  workable for a greater percentage of time than that of the                   
  original proposal.                                                           
                                                                               
  REP. BUNDE agreed, but said he did not want to preclude the                  
  original option for those parents who live three blocks                      
  away.  He felt they should have the option of splitting                      
  Christmas Eve and Christmas Day.                                             
                                                                               
  MS. LAUTERBACH said that the language she wants to propose                   
  is based on what the committee expressed as a concern that                   
  the courts consider travel distances over the Christmas                      
  holiday.  She suggested adding to subsection B "...if the                    
  distance between parents makes the Christmas schedule under                  
  3 and 4 impracticable, if the court finds it is                              
  impracticable because of distance, the court shall award                     
  alternating Christmases."                                                    
                                                                               
  CHAIR TOOHEY indicated that Mr. Kenneth Kirk was still on                    
  line via teleconference and wished to comment on the                         
  discussion.  She asked for further discussion from the                       
  committee first.                                                             
                                                                               
  REP. KOTT referred to page 3, line 10, and said that he is                   
  concerned that it provides for at least the minimum                          
  visitation rights and he felt that the courts would have                     
  much discretion to award Thanksgiving every other year.  The                 
  minimum is every other year.  He said the court can award it                 
  every year.  He asked for comment.                                           
                                                                               
  Number 801                                                                   
                                                                               
  MS. LAUTERBACH said Rep. Kott's point was well taken.  She                   
  said the words "at least" no longer makes sense as the                       
  detailed schedule that was in the original bill is no longer                 
  there.  She recommended deleting "at least" from page 3,                     
  line 10.                                                                     
                                                                               
  REP. BUNDE read the sentence without the words "at least."                   
  He said he considered the change a technical amendment.                      
                                                                               
  CHAIR TOOHEY asked Ms. Lauterbach to address the issue of                    
  domestic violence.                                                           
                                                                               
  MS. LAUTERBACH stated that subsection B addresses the issue                  
  as far as the minimum visitation is concerned.  If a                         
  situation is detrimental to the child because of abuse by                    
  the visiting parent or by whoever the visiting parent might                  
  live with, and there is evidence on the record to support                    
  that, the court can vary the schedule.  However, she said                    
  section B does not relate to testimony regarding relocation,                 
  page 3, lines 1-6.  She explained that the way the provision                 
  is now written, a parent must give notice if they are going                  
  to temporarily relocate to a "battered persons" shelter.                     
  She considered it to be a flaw within the bill.                              
                                                                               
  REP. BUNDE said he could not imagine a prosecutor choosing                   
  to prosecute in that type of circumstance.  He asserted that                 
  there would be judicial application of the statute.  He then                 
  said he would be amenable to changing the provision to allow                 
  for emergency circumstances.  He then questioned what                        
  constitutes an emergency and explained that some people                      
  might consider a toothache an emergency and fly to Wisconsin                 
  to see their favorite dentist.                                               
                                                                               
  Number 862                                                                   
                                                                               
  CHAIR TOOHEY asked Rep. Bunde to change the language to                      
  include provisions for abusive emergency situations.                         
                                                                               
  MS. LAUTERBACH explained that it would not be a difficult                    
  task to include a special exception for relocation to a                      
  shelter that is within the domestic violence counselling                     
  system within the provision.  She said that she would have                   
  to refer to statutes to see how the shelters are referred to                 
  before suggesting specific language.                                         
                                                                               
  Number 879                                                                   
                                                                               
  REP. VEZEY referred to the issue of grandparents as                          
  mentioned in the written testimony of Mr. Clark.  He                         
  indicated that he did not want to further "muddy the water"                  
  but asked if the committee could address the issue.                          
                                                                               
  REP. BUNDE asserted that addressing the issue would be                       
  muddying the water and said the bill addresses custodial                     
  rights of biological parents.  He viewed the issue as beyond                 
  the scope of the legislation.  However, he did acknowledge                   
  the issue as a problem.                                                      
                                                                               
  CHAIR TOOHEY agreed that the proposed legislation may not be                 
  an appropriate vehicle for the issue and indicated that she                  
  knew of several people who are being denied visitation to                    
  their biological grandchildren.                                              
                                                                               
  REP. OLBERG suggested that the issue be addressed at another                 
  time.                                                                        
                                                                               
  Number 917                                                                   
                                                                               
  MR. KIRK said he suggested splitting Christmas because it                    
  was his understanding that most parents prefer the split as                  
  it is lonely enduring the entire vacation without the child.                 
  He stated that he knows of parents who do extensive                          
  travelling during the Christmas vacation and felt that                       
  alternating Christmas would be appropriate in those                          
  circumstances.  He further stated that he could not conceive                 
  of a judge who would allow the prosecution of a parent who                   
  relocated to a domestic violence shelter.  He also indicated                 
  that nothing in the proposal prevents the court from                         
  awarding additional time for visitation with grandparents.                   
                                                                               
  Number 974                                                                   
                                                                               
  REP. BUNDE said it was his preference to hear the bill again                 
  on Tuesday, March 15, 1994 with input from Ms. Lauterbach                    
  and perhaps testimony from law enforcement.                                  
                                                                               
  REP. B. DAVIS stated that she has problems with minimum                      
  visitation.  She felt the guidelines did not need to be put                  
  in statute.  She indicated that there are times when the                     
  child decides that they do not want to visit that parent.                    
  She asked if the child should be forced to visit and if it                   
  was in the best interest of the child.  She felt that the CS                 
  was better than the original bill but said a lot of work                     
  still needed to be done to make the legislation more                         
  flexible.  She explained that there are some parents who are                 
  so vindictive that they will do anything in their power to                   
  make sure that the law is carried out to the letter without                  
  any concern to the best interests of the child.  She said                    
  the issue needed to be discussed, but did they need to be in                 
  such specific terms within the bill.                                         
                                                                               
  REP. BUNDE said that there are people who will not allow                     
  access to the child for the other parent.                                    
                                                                               
  REP. B. DAVIS said that something needs to be done about                     
  those people who won't allow access because the majority of                  
  parents will allow access.                                                   
                                                                               
  Number 050                                                                   
                                                                               
  REP. OLBERG explained that he views the legislation as a                     
  noncustodial parent's bill that addresses the problems of                    
  noncustodial parents.                                                        
                                                                               
  REP. BUNDE asked that the proposal be tabled until Tuesday,                  
  March 15.                                                                    
                                                                               
  CHAIR TOOHEY asked Rep. Bunde to address the issue of a                      
  child who does not want visitation with the visiting parent.                 
                                                                               
  MS. LAUTERBACH stated that the court is supposed to consider                 
  the issue and that the wishes of twelve year olds and older                  
  are very determinative of what the court will order.                         
  Although, she said, there is a minimum within the proposal                   
  that would give the courts less flexibility.  She also said                  
  that younger children sometimes will say no to everything                    
  and indicated that there is existing statute that relate to                  
  the issue that say a child's unwillingness to go is not                      
  considered just excuse for denying visitation.                               
                                                                               
  Number 090                                                                   
                                                                               
  REP. BUNDE reiterated that he would like someone from law                    
  enforcement to address the aforementioned issues.                            
                                                                               
  REP. VEZEY stated that he has a problem with the penalty                     
  clause.  He felt that if parents are put in jail for a year,                 
  they would not be very good parents.  He said the issue is                   
  custody and the concept of threatening jail sentences is a                   
  luxury the state cannot afford.                                              
                                                                               
  Seeing no further discussion before the committee CHAIR                      
  TOOHEY ADJOURNED the meeting at 4:53 p.m.                                    

Document Name Date/Time Subjects