02/12/2010 01:30 PM Senate JUDICIARY

                                                                                                                                
          SB 210-MILITARY DEPLOYMENT AND CHILD CUSTODY                                                                      
                                                                                                                                
1:35:41 PM                                                                                                                    
CHAIR FRENCH announced the consideration  of SB 210 and asked for                                                               
a motion to adopt the proposed committee substitute (CS).                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI  moved to  adopt work draft  CS for  SB 210,                                                               
labeled  26-LS1243\N, as  the working  document.  There being  no                                                               
objection, version N was before the committee.                                                                                  
                                                                                                                                
1:36:21 PM                                                                                                                    
CHAIR  FRENCH  moved  Amendment 1  and  objected  for  discussion                                                               
purposes.                                                                                                                       
                                                                                                                                
                          Amendment 1                                                                                       
                                               26-LS1243\N.1                                                                    
                                                                                                                                
     OFFERED IN THE SENATE         BY SENATOR FRENCH                                                                            
     TO:  CSSB 210(   ), Draft Version "N"                                                                                      
                                                                                                                                
     Page 2, line 25, following "section.":                                                                                     
     Insert "In addition, there  is a rebuttable presumption                                                                    
     that a  deployed parent's visitation rights  may not be                                                                    
     delegated  to a  family  member who  has  a history  of                                                                    
     perpetrating  domestic  violence  against a  spouse,  a                                                                    
     child, or  a domestic  living partner,  or to  a family                                                                    
     member  with  an  individual  in  the  family  member's                                                                    
     household who  has a  history of  perpetrating domestic                                                                    
     violence  against  a spouse,  a  child,  or a  domestic                                                                    
     living partner."                                                                                                           
                                                                                                                                
     Page 4, line 10, following "section.":                                                                                     
     Insert "In addition, there  is a rebuttable presumption                                                                    
     that a  deployed parent's visitation rights  may not be                                                                    
     delegated  to a  family  member who  has  a history  of                                                                    
     perpetrating  domestic  violence  against a  spouse,  a                                                                    
     child, or  a domestic  living partner,  or to  a family                                                                    
     member  with  an  individual  in  the  family  member's                                                                    
     household who  has a  history of  perpetrating domestic                                                                    
     violence  against  a spouse,  a  child,  or a  domestic                                                                    
     living partner."                                                                                                           
                                                                                                                                
CHAIR FRENCH asked Ms. Mischel to tell the committee what the                                                                   
amendment intends to do.                                                                                                        
                                                                                                                                
JEAN  MISCHEL,  Drafting  Attorney, Legislative  Legal  Services,                                                               
Legislative   Affairs  Agency,   explained  that   the  amendment                                                               
clarifies that both  subsection (g) on page 2  and subsection (g)                                                               
page  4 provide  for consideration  of the  best interest  of the                                                               
child. Both  subsections cross reference  AS 25.24.150(c)  and AS                                                               
25.24.150(g) pertaining to  violence in the home when  there is a                                                               
custody   dispute.   AS   25.24.150(g)  provides   a   rebuttable                                                               
presumption  against  awarding  custody   to  a  parent  who  has                                                               
perpetrated  domestic violence.  The  amendment  responds to  the                                                               
concerns  expressed by  the Alaska  Network on  Domestic Violence                                                               
and Sexual Assault ("Network") and  clarifies that the rebuttable                                                               
presumption  also applies  if there  is a  delegation under  this                                                               
bill to a  family member who has a history  of domestic violence.                                                               
The amendment language  mirrors AS 25.24.150(g) as  it relates to                                                               
parents.  It clarifies  that the  presumption against  visitation                                                               
requested  by a  military  parent  for a  family  member if  that                                                               
family member  has a history  of perpetuating  domestic violence.                                                               
It is  not a substantive, but  it makes it abundantly  clear, she                                                               
said.                                                                                                                           
                                                                                                                                
1:39:53 PM                                                                                                                    
CHAIR  FRENCH  asked  Mr.  Tempel  if he  and  the  sponsor  have                                                               
reviewed the language in Amendment 1.                                                                                           
                                                                                                                                
JOSH TEMPEL,  Staff to Senator  Huggins, replied they  did review                                                               
the language and have no objection.                                                                                             
                                                                                                                                
CHAIR   FRENCH  removed   his  objection;   finding  no   further                                                               
objection, he announced that Amendment 1 passes.                                                                                
                                                                                                                                
1:40:27 PM                                                                                                                    
CHAIR  FRENCH  moved  Amendment 2  and  objected  for  discussion                                                               
purposes.                                                                                                                       
                                                                                                                              
                          Amendment 2                                                                                       
                                                    26-LS1243\N.2                                                               
                                                                                                                                
     OFFERED IN THE SENATE                 BY SENATOR FRENCH                                                                    
     TO:  CSSB 210(   ), Draft Version "N"                                                                                      
                                                                                                                                
     Page 4, line 4, following "court":                                                                                         
     Insert  ";   if  a  valid  court   order  issued  under                                                                    
     AS 12.61.120   or   AS 25.20.060   or   an   equivalent                                                                    
     provision  in another  jurisdiction is  in effect  that                                                                    
     requires  that the  address or  contact information  of                                                                    
     the parent  who is  not deployed be  kept confidential,                                                                    
     the notification shall  be made to the  court only, and                                                                    
     a  copy  of   the  order  shall  be   included  in  the                                                                    
     notification"                                                                                                              
                                                                                                                                
MS. MISCHEL  explained that the  amendment responds to  a concern                                                               
expressed  by  the Network  that  immediate  notification of  the                                                               
address  of  the  nondeployed  parent  might  contradict  another                                                               
protective order. The amendment  cross references current law and                                                               
provides that  the notification  will be made  to the  court only                                                               
and will be kept confidential if a valid order is in effect.                                                                    
                                                                                                                                
CHAIR  FRENCH  asked  Mr.  Tempel  if he  and  the  sponsor  have                                                               
reviewed the language.                                                                                                          
                                                                                                                                
MR. TEMPEL replied Senator Huggins supports the amendment.                                                                      
                                                                                                                                
CHAIR  FRENCH removed  his objection  and announced  that without                                                               
further objection Amendment 2 passes.                                                                                           
                                                                                                                                
1:42:30 PM                                                                                                                    
SENATOR WIELECHOWSKI moved to report  CS for SB 210, [26-LS1243\N                                                               
as amended],  from committee with individual  recommendations and                                                               
attached fiscal  notes. There being  no objection,  CSSB 210(JUD)                                                               
moved from Senate Judiciary Standing Committee.                                                                                 
                                                                                                                                
At ease from 1:42 p.m. to 1:43 p.m.