Legislature(1993 - 1994)

1994-04-14 Senate Journal

Full Journal pdf

1994-04-14                     Senate Journal                      Page 3679
SB 190                                                                       
CS FOR SENATE BILL NO. 190(FIN) "An Act relating to income                     
withholding and other methods of enforcement for orders of support;            
and providing for an effective date" was before the Senate in third            
reading on reconsideration.                                                    
                                                                               
                                                                               

1994-04-14                     Senate Journal                      Page 3680
SB 190                                                                       
Senator Taylor moved and asked unanimous consent that CS FOR                   
SENATE BILL NO. 190(FIN) be returned to second reading for the                 
purpose of a specific amendment, that being Amendment No. 1.                   
Without objection, it was so ordered.                                          
                                                                               
Senator Taylor offered Amendment No. 1 :                                        
                                                                               
Page 1, line 2, after "support;":                                            
	Insert "relating to medical support orders; amending                         
Alaska Rule of Civil Procedure 90.3(d);"                                      
                                                                               
Page 1, after line 3:                                                          
	Insert new bill sections to read:                                             
   "* Section 1.  AS 25.27.020(a) is amended to read:                        
	(a)  The agency shall                                                         
		(1)  seek enforcement of child support orders of the                         
superior courts of the state in other jurisdictions and shall obtain,          
enforce, and administer the orders in this state;                              
		(2)  adopt regulations to carry out the purposes of                          
this chapter, including regulations that establish                             
		(A)  schedules for determining the amount                                   
an obligor is liable to contribute toward the support of an                    
obligee under this chapter and under 42 U.S.C. 651 - 669                       
(Title IV-D, Social Security Act);                                             
		(B)  procedures for hearings conducted                                      
under AS 25.27.170; and                                                        
		(C)  subject to AS 25.27.025 and to federal                                 
law, a uniform rate of interest on arrearages of support that                  
shall be charged the obligor upon notice if child support                      
payments are 10 or more days overdue or if payment is                          
made by a check backed by insufficient funds; however, an                      
obligor may not be charged interest on late payment of a                       
child support obligation, other than a payment on arrearages,                  
if the obligor is                                                              
		(i)  employed and income is being                                          
withheld from the obligor's wages under an income                              
withholding order;                                                             
		(ii)  receiving unemployment                                               
compensation and child support obligations are                                 
being withheld from the obligor's unemployment                                 
payments under AS 23.20.401; or                                                

1994-04-14                     Senate Journal                      Page 3681
SB 190                                                                       
		(iii)  receiving compensation for                                          
disabilities under AS23.30 and child support                                   
obligations are being withheld from the obligor's                              
compensation payments;                                                         
		(3)  administer and enforce AS 25.25 (Uniform                                
Reciprocal Enforcement of Support Act);                                        
		(4)  establish, enforce, and administer child support                        
obligations administratively under this chapter;                               
		(5)  administer the state plan required under 42                             
U.S.C. 651 - 669 (Title IV-D, Social Security Act) as amended;                 
		(6)  disburse support payments collected by the                              
agency to the obligee, together with interest charged under (2)(C) of          
this subsection;                                                               
		(7)  establish and enforce administratively under this                       
chapter, or through the superior courts of the state, child support            
orders from other jurisdictions pertaining to obligors within the state;       
		(8)  enforce and administer spousal support orders                           
if a spousal support obligation has been established with respect to           
the spouse and if the support obligation established with respect to           
the child of that spouse is also being administered; and                       
		(9)  obtain a medical support order as part of a child                       
support order if health care coverage is available to the obligor at a         
reasonable cost; the agency shall consider whether adequate health           
care is available to the child through the Indian Health Service               
or other insurance coverage before it orders an obligor to                     
provide health care coverage through insurance or other means.               
   * Sec. 2.  AS 25.27.060(c) is amended to read:                            
	(c)  In a court proceeding where the support of a minor                       
child is at issue, the court may order either or both parents to pay           
the amount necessary for support, maintenance, nurture, and                    
education of the child.  The court shall issue a medical support order         
as part of a child support order if health care coverage is available          
to the obligor at a reasonable cost.  The court shall consider               
whether the child is eligible for services through the Indian                  
Health Service or other insurance coverage before ordering the                 
obligor to provide health care coverage through insurance or                   
other means.  Upon a showing of good cause the court may order               
the parents required to pay support to give reasonable security for            
payments."                                                                     
                                                                               
                                                                               

1994-04-14                     Senate Journal                      Page 3682
SB 190                                                                       
Page 1, line 4:                                                                
	Delete "Section 1."                                                         
	Insert "Sec. 3."                                                            
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 13, after line 4:                                                         
	Insert a new bill section to read:                                            
   "* Sec. 33.  Alaska Rule of Civil Procedure 90.3(d) is amended            
to read:                                                                       
	(d)  HEALTH INSURANCE - CREDITS.  The court shall                             
address coverage of the children's health care needs and require               
health insurance if insurance is available to either parent at a               
reasonable cost.  The court shall consider whether the children              
are eligible for services through the Indian Health Service or                 
other insurance coverage before ordering the obligor to provide                
health care coverage through insurance or other means.  In                   
calculating a child support award, credit will be given for medical            
and dental insurance, or educational payments for the children which           
are required by the court or administrative order and actually paid."          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Senator Taylor moved for the adoption of Amendment No. 1.                      
Senator Ellis objected, then withdrew his objection.  There being no           
further objections, Amendment No. 1 was adopted.                               
                                                                               
CS FOR SENATE BILL NO. 190(FIN) am "An Act relating to                         
income withholding and other methods of enforcement for orders of              
support; relating to medical support orders; amending Alaska Rule              
of Civil Procedure 90.3(d); and providing for an effective date" was           
automatically in third reading.                                                
                                                                               
Senator Taylor moved and asked unanimous consent that CS FOR                   
SENATE BILL NO. 190(FIN) am be returned to second reading for                  
the purpose of a specific amendment, that being Amendment No. 2.               
Senator Little objected, then withdrew her objection.  There being no          
further objections, it was so ordered.                                         
                                                                               
Senator Taylor offered Amendment No. 2 :                                        
                                                                               

1994-04-14                     Senate Journal                      Page 3683
SB 190                                                                       
Page 3, lines 23 - 25:                                                         
	Delete ".  An employer may, for each payment made                           
under an order, deduct $5 from other wages or salary owed to                   
the obligor"                                                                 
                                                                               
Page 6, line 28, through page 7, line 8:                                       
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 10, lines 3 - 12:                                                         
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 11, lines 14 - 16:                                                        
	Delete "A person, political subdivision, or department may,                   
for each payment made under an order to withhold and deliver,                  
deduct $5 from other wages or salary owed to the obligor."                     
                                                                               
Senator Taylor moved for the adoption of Amendment No. 2.                      
Objections were heard.                                                         
                                                                               
Senator Pearce called the Senate.  The call was satisfied.                     
                                                                               
The question being: "Shall Amendment No. 2 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 190(FIN) am                                                               
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  6   NAYS:  13   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Halford, Jacko, Lincoln, Pearce, Phillips, Taylor                       
                                                                               
Nays:  Donley, Duncan, Ellis, Frank, Kelly, Kerttula, Leman, Little,           
Miller, Rieger, Salo, Sharp, Zharoff                                           
                                                                               
Excused:  Adams                                                                
                                                                               
and so, Amendment No. 2 failed.                                                

1994-04-14                     Senate Journal                      Page 3684
SB 190                                                                       
CS FOR SENATE BILL NO. 190(FIN) am was automatically in                        
third reading.                                                                 
                                                                               
Senator Taylor moved that the bill be returned to second reading for           
the purpose of a specific amendment, that being Amendment No. 3.               
Senator Ellis objected.                                                        
                                                                               
The question being: "Shall CS FOR SENATE BILL NO. 190(FIN)                     
am be returned to second reading for the purpose of a specific                 
amendment?"  The roll was taken with the following result:                     
                                                                               
CSSB 190(FIN) am                                                               
Return to Second for Specific Amendment                                        
                                                                               
YEAS:  12   NAYS:  7   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Lincoln, Miller, Pearce, Phillips,        
Rieger, Sharp, Taylor, Zharoff                                                 
                                                                               
Nays:  Donley, Duncan, Ellis, Kerttula, Leman, Little, Salo                    
                                                                               
Excused:  Adams                                                                
                                                                               
Kerttula changed from "Yea" to "Nay".                                          
Donley changed from "Yea" to "Nay".                                            
                                                                               
and so, the bill was returned to second reading.                               
                                                                               
Senator Taylor offered Amendment No. 3 :                                        
                                                                               
Page 10, lines 3 - 12:                                                        
Delete all material.                                                         
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Senator Taylor moved for the adoption of Amendment No. 3.                      
Senator Ellis objected.                                                        
                                                                               
Senator Taylor moved and asked unanimous consent that his motion               
be withdrawn.  Without objection, it was so ordered.                           
                                                                               
CS FOR SENATE BILL NO. 190(FIN) am was automatically in                        
third reading.                                                                 

1994-04-14                     Senate Journal                      Page 3685
SB 190                                                                       
Senator Pearce moved and asked unanimous consent that the Finance              
Letter of Intent offered on page 3463 be adopted.  Without                     
objection, the Senate Letter of Intent was adopted.                            
                                                                               
The question to be reconsidered:  "Shall CS FOR SENATE BILL                    
NO. 190(FIN) am "An Act relating to income withholding and other               
methods of enforcement for orders of support; relating to medical              
support orders; amending Alaska Rule of Civil Procedure 90.3(d);               
and providing for an effective date"  pass the Senate?"  The roll was          
taken with the following result:                                               
                                                                               
CSSB 190(FIN) am                                                               
Third Reading - On Reconsideration                                             
Effective Date                                                                 
                                                                               
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula,          
Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp,         
Taylor, Zharoff                                                                
                                                                               
Excused:  Adams                                                                
                                                                               
Kerttula changed from "Nay" to "Yea".                                          
Taylor changed from "Nay" to "Yea".                                            
Jacko changed from "Nay" to "Yea".                                             
                                                                               
and so, CS FOR SENATE BILL NO. 190(FIN) am passed the                          
Senate on reconsideration with a Senate Letter of Intent.                      
                                                                               
Senator Taylor moved and asked unanimous consent that the vote on              
the passage of the bill be considered the vote on the effective date           
clause.  Without objection, it was so ordered.                                 
                                                                               
CS FOR SENATE BILL NO. 190(FIN) am was referred to the                         
Secretary for engrossment.