00                            HOUSE BILL NO. 280                                                                          
01 "An Act relating to the allocation of the travel expenses that are necessary to exercise                                
02 visitation rights with a child when the parent with primary custody of the child changes                                
03 location; and amending Rule 90.3(g), Alaska Rules of Civil Procedure."                                                  
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  Rule 90.3(g), Alaska Rules of Civil Procedure, is amended to read:                                   
06            (g)  Travel Expenses.  After determining an award of child support under this                              
07       rule, the court shall allocate reasonable travel expenses which are necessary to                                  
08       exercise visitation between the parties as may be just and proper for them to                                     
09       contribute.  Upon request of a parent with joint legal custody of and visitation                              
10       rights to a child whose other parent has primary physical custody of the child,                               
11       the court shall consider making a new allocation of visitation travel expenses if                             
12       the travel expenses have increased because the primary parent has moved more                                  
13       than 50 miles farther away from the parent with visitation rights compared to the                             
14       distance that previously existed between the residences of the two parents.  The                              

01       court shall provide that the primary parent shall be responsible for 100 percent                              
02       of the increase in the travel expenses unless the court finds good cause for a                                
03       different allocation of the increase.  Good cause for a different allocation of the                           
04       increase includes a finding that allocation of the increase entirely to the primary                           
05       parent would interfere with the primary parent's ability to provide basic                                     
06       necessities for the child or other members of the parent's household.                                         
07    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section to                         
08 read:                                                                                                                   
09       TWO-THIRDS VOTE NOT REQUIRED.  Because Rule 90.3, Alaska Rules of Civil                                           
10 Procedure, was adopted under the Alaska Supreme Court's interpretive authority exercised                                
11 under art. IV, sec. 1, Constitution of the State of Alaska, this Act takes effect without meeting                       
12 the two-thirds vote requirement normally applicable to changing court rules under art. IV, sec.                         
13 15, Constitution of the State of Alaska.                                                                                
14    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
15 read:                                                                                                                   
16       APPLICABILITY.  This Act applies to situations where the primary parent of a child                                
17 changes the parent's residence by more than 50 miles on or after the effective date of this Act.