Legislature(2015 - 2016)BUTROVICH 205
03/09/2015 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB5 | |
| SB51 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 51 | TELECONFERENCED | |
| += | SB 5 | TELECONFERENCED | |
| += | SB 41 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 51-UNIFORM INTER.CHILD SUPPORT; PARENTAGE
1:41:33 PM
CHAIR MCGUIRE announced the consideration of SB 51. "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." She asked Senator Coghill if his concerns had
been satisfied.
SENATOR COGHILL said he had questions on drafting style.
CHAIR MCGUIRE asked for a motion to adopt the proposed committee
substitute (CS).
SENATOR COGHILL moved to adopt the CS for SB 51, labeled 29-
GS1897\W, as the working document.
CHAIR MCGUIRE found no objection and announced that version W
was before the committee.
1:42:04 PM
CHAIR MCGUIRE requested an explanation of the changes.
CAROL BEECHER, Director, Child Support Services Division,
Department of Revenue, introduced herself.
STACY STEINBERG, Chief Assistant Attorney General, Civil
Division, Collections and Support Section, Department of Law,
stated that she reviewed legislative counsel Kate Glover's memo
regarding the changes to SB 51. It does two basic things. It
takes care of the issues with the legislative drafting style and
it makes a few changes that the federal Office of Child Support
requested to ensure that the bill is in line with the Uniform
Act.
MS. STEINBERG provided the following sectional analysis,
reviewing the changes between version A and the new committee
substitute version W:
AS 25.25.101: The definitions in Section 1 of version
A were separated into Sections 1 - 16 in version W.
This change was to be consistent with drafting style.
AS 25.25.102(b): Page 6, line 12 of version A read
"agency under AS 25.27.010". Version W reads "agency
created under AS 25.27.010". This change was to be
consistent with drafting style.
1:44:41 PM
AS 25.25.205(a): Section 26 of version W deletes a
semicolon that followed "order" in version A and adds
a comma after "and" on the same line.
AS 25.25.205(b)(2): Section 27 of version W changes
"its" to "the tribunal's" for clarity and to conform
with style.
AS 25.25.207(b): Section 32 of version W reads "shall
determine, by order,". Section 17 of version A on page
10, line 29, read "by order shall determine". This was
changed for clarity.
AS 25.25.207(e): Section 35 of version W includes a
grammatical change. A comma was added following
"determines".
AS 25.25.280: Section 40 of version W makes a
grammatical change. A comma was added following
"apply".
AS 25.25.304(b): Section 43 of version W, adds "the"
following "under".
AS 25.25.307(b): Version A reads "within five days of
receipt,". Version W reads "within five days after
receipt,". This is consistent with the style of both
the state statutes and the Uniform Code.
CHAIR MCGUIRE asked Ms. Steinberg to concentrate on the
substantive changes.
MS. STEINBERG said most changes are stylistic.
1:49:33 PM
At ease
1:54:52 PM
CHAIR MCGUIRE reconvened the meeting and reiterated her request
that Ms. Steinberg concentrate on the substantive changes.
MS. STEINBERG explained on page 16, line 11, the phrase "in a
record" was inserted replacing "written". This is specific
language in the Uniform Act.
Page 19, line 27, the phrase "under penalty of perjury" was
added to match the exact language in the Uniform Act.
Page 30, the definition for "foreign support agreement" was
changed to match the Uniform Law Commission definition.
MS. STEINBERG concluded that the rest of the changes were not
substantive.
1:57:03 PM
SENATOR COGHILL asked how the drafting was done.
MS. STEINBERG explained that the Department of Law prepared the
first draft, the federal Office of Child Support reviewed it and
suggested a few changes, and then legislative counsel for Legal
Services incorporated legislative drafting styles.
CHAIR MCGUIRE found no public testifiers and closed public
testimony.
SENATOR COGHILL described SB 51 as a "take it or leave it bill."
He commented on the effective date.
MS. STEINBERG agreed with the characterization and noted that
the effective date must be July 1, 2015.
CHAIR MCGUIRE expressed hope that the bill would help children.
SENATOR COGHILL noted there was still no protection for children
in the Pacific Rim.
SENATOR COGHILL motioned to report CS for SB 51(JUD) from
committee with individual recommendations and attached fiscal
note(s).
CHAIR MCGUIRE announced that without objection, CSSB 51(JUD) is
reported from the Senate Judiciary Standing Committee.