03/10/2010 09:00 AM Senate FINANCE

SENATE BILL NO. 210                                                                                                           
                                                                                                                                
     "An Act establishing child custody, modification, and                                                                      
     visitation standards for a military parent who is                                                                          
     deployed; and amending Rule 99, Alaska Rules of Civil                                                                      
     Procedure."                                                                                                                
                                                                                                                                
9:50:52 AM                                                                                                                    
                                                                                                                                
Senator Huggins, sponsor, explained  the necessity of having                                                                    
a  bill that  gets it  right  because other  states will  be                                                                    
modeling their legislation after this legislation.                                                                              
                                                                                                                                
JOSH TEMPLE,  STAFF, SENATOR CHARLIE  HUGGINS, spoke  of the                                                                    
reasons for  needing version K  of SB 210. He  described the                                                                    
stress  put  on  military  couples  and  the  high  rate  of                                                                    
divorce.  The  bill  defines and  reinforces  child  custody                                                                    
standards for  a military parent.  The bill looks  after the                                                                    
best interests of  the children. The bill has  a zero fiscal                                                                    
note.                                                                                                                           
                                                                                                                                
Mr. Temple reported  that Congress decided not  to deal with                                                                    
this  issue  on  a  federal level  because  of  a  potential                                                                    
conflict  with  state statutes.  He  related  that the  bill                                                                    
defines  what "deployment"  means as  it relates  to custody                                                                    
hearings.  It also  provides for  testimony from  deployment                                                                    
stations  or combat  zones. There  is language  included for                                                                    
hearings  to address  custody issues,  keeping  in mind  the                                                                    
best interest of the child.                                                                                                     
                                                                                                                                
9:57:24 AM                                                                                                                    
                                                                                                                                
Senator Ellis  asked if the  best interest of the  child, as                                                                    
found  in current  statute, is  being rewritten.  Mr. Temple                                                                    
clarified  that  the  bill reinforces  what  is  already  in                                                                    
statute and does not create any new standards.                                                                                  
                                                                                                                                
Co-Chair Stedman noted five zero fiscal notes.                                                                                  
                                                                                                                                
9:59:03 AM                                                                                                                    
                                                                                                                                
ADAM   TOREM,  WASHINGTON   STATE  BAR   ASSOCIATION,  LEGAL                                                                    
ASSISTANCE  TO MILITARY,  testified  via teleconference.  He                                                                    
spoke in  support of the  bill. He  said he worked  with the                                                                    
sponsors to  draft the bill. The  bill is set up  to protect                                                                    
the  rights  of parents.  He  described  an example  of  how                                                                    
custody would  work. He maintained  that the  legislation is                                                                    
in the best interest of  the child. He addressed whether the                                                                    
third  party designation  was constitutional.  He maintained                                                                    
that it was.                                                                                                                    
                                                                                                                                
10:04:59 AM                                                                                                                   
                                                                                                                                
MARK  SANSOUCI,  REGIONAL  LIAISON, DEPARTMENT  OF  DEFENSE,                                                                    
testified  via teleconference.  He spoke  of a  survey which                                                                    
provided  data from  families regarding  child custody.  The                                                                    
bill  addresses all  of those  concerns. He  noted that  the                                                                    
bill  covers  all issues  related  to  military parents  and                                                                    
child custody.                                                                                                                  
                                                                                                                                
10:08:58 AM                                                                                                                   
                                                                                                                                
ANDREA WELLS, MILITARY  FAMILIES, FORT RICHARDSON, testified                                                                    
via  teleconference.  She  spoke   of  her  experience  with                                                                    
military  families and  child custody  issues. She  spoke in                                                                    
favor of the legislation.                                                                                                       
                                                                                                                                
10:11:42 AM                                                                                                                   
                                                                                                                                
Senator Olson asked  how many families would  be affected by                                                                    
the  bill. Mr.  Temple  said  there is  a  large problem  in                                                                    
Alaska.                                                                                                                         
                                                                                                                                
Senator  Huggins  commented  that   the  bill  would  reduce                                                                    
ambiguity and smooth out the legal proceedings.                                                                                 
                                                                                                                                
SB  210  was  heard  and   HELD  in  Committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
10:13:15 AM