Legislature(2015 - 2016)
2015-04-17 House Journal
Full Journal pdf2015-04-17 House Journal Page 1013 HB 106 The following was again before the House in third reading (page 1006): CS FOR HOUSE BILL NO. 106(STA) "An Act relating to the Uniform Interstate Family Support Act, including jurisdiction by tribunals of the state, registration and proceedings related to support orders from other state tribunals, foreign support orders, foreign tribunals, and certain persons residing in foreign countries; relating to determination of parentage of a child; and providing for an effective date." Representative Keller moved and asked unanimous consent that CSHB 106(STA) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Keller, Pruitt, Millett, Hughes, and LeDoux: Page 1, following line 6: Insert a new bill section to read: "* Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: LEGISLATIVE FINDINGS AND INTENT. (a) It is the intent of the legislature that the state conduct child support enforcement responsibilities without jeopardizing the personal privacy of the citizens involved. (b) The legislature finds that (1) under the Uniform Interstate Family Support Act of 2008, a state tribunal may refuse to recognize and enforce a foreign support order on its own motion or, if challenged by a party, if the order is "manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard"; (2) implementation of the treaty through state law is more consistent with existing family law, as well as more efficient and 2015-04-17 House Journal Page 1014 effective, than implementation of the treaty through a federal law that would govern a segregated portion of international child support cases; (3) nothing in the treaty or the Uniform Interstate Family Support Act of 2008 amends the privacy and security requirements that apply to federal and state child support programs or expands access to databases beyond what already exists; (4) under the Uniform Interstate Family Support Act of 2008, state child support agencies will no longer be obliged to provide child support services to absolutely anyone who applies from any other country, as is required under current law; (5) the treaty does not change existing Uniform Interstate Family Support Act provisions or United States law regarding personal jurisdiction, due process protections of notice and an opportunity for a hearing, and application of United States law concerning enforcement of child support orders. (c) In order to protect the safety of the people of Alaska, the legislature requests that the Office of the Governor or its designee certify to the legislature each year that no Tier 3 country, as identified in the most recent United States Department of State Trafficking In Persons Report, has become a member of the treaty with states and foreign states as identified in this Act. If the commissioner finds that a Tier 3 country has become a member of the treaty, it is the legislature's intent that the State of Alaska reconsider its adoption of the law that implements the treaty." Page 1, line 7: Delete "Section 1" Insert "Sec. 2" Renumber the following bill sections accordingly. Page 40, line 31: Delete "Section 103" Insert "Section 104" Page 41, line 1: Delete "sec. 105" Insert "sec. 106" 2015-04-17 House Journal Page 1015 Representative Keller moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. CSHB 106(STA) am was automatically in third reading. The question being: "Shall CSHB 106(STA) am pass the House?" The roll was taken with the following result: CSHB 106(STA) am Third Reading Final Passage YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Claman, Drummond, Edgmon, Foster, Gara, Gruenberg, Guttenberg, Herron, Josephson, Kawasaki, Kito, Kreiss-Tomkins, LeDoux, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Seaton, Stutes, Talerico, Tarr, Thompson, Tuck, Vazquez, Wool Nays: Chenault, Colver, Gattis, Hawker, Hughes, Johnson, Keller, Lynn, Pruitt, Reinbold, Saddler, Tilton, Wilson And so, CSHB 106(STA) am passed the House. Representative Millett moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 106(STA) am was referred to the Chief Clerk for engrossment.