Legislature(2009 - 2010)BELTZ 105 (TSBldg)
04/12/2010 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB287 | |
| HB355 | |
| SB46 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 46 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HB 287 | ||
| = | HB 355 | ||
SB 46-CHILD SUPPORT AWARDS
VICE-CHAIR WIELECHOWSKI announced the consideration of SB 46.
The bill was heard previously. [CSSB 46(HSS) was before the
committee.
1:45:20 PM
DOROTHY SHOCKLEY, staff to Senator Albert Kookesh, introduced
herself and noted there was a new committee substitute (CS) for
the committee to consider.
VICE-CHAIR WIELECHOWSKI said he'd take public testimony while
the CS was copied and distributed.
ALLEN BAILEY, Attorney, Anchorage, said he's been a family
attorney for about 26 years. He is chair of the child custody
committee of the American Bar Association (ABA) family law
section, and a former member of the ABA Commission on Domestic
Violence. He said he is representing himself as a family lawyer
whose practice consists primarily of child custody cases most of
which are related to violent relationships. He told the
committee that before getting Civil Rule 90.3, the practice of
family law frequently consisted of primary parents effectively
agreeing to receive lower child support in order to continue to
provide care for their children. At the same time, there were
parents who were willing to sell their time with their children
in exchange for lower amounts of child support. That is not good
public policy, he said.
1:48:58 PM
He related that his experience in 36 years of drafting
legislation is that some people for selfish purposes attempt to
modify state laws to benefit themselves and others like them in
a manner that is a disadvantage to others. The problem with
making a statute of what now embodies Alaska Civil Rule 90.3 is
that the rule would be subject to the vagaries of the political
process.
VICE-CHAIR WIELECHOWSKI assured him that that was not the
sponsor's intent.
SENATOR COGHILL asked him to tell the committee about the rule-
making process in the court.
MR. BAILY said his understanding is that the Alaska Supreme
Court justices appoint a committee to make recommendations as to
prospective changes in the court's rule. Most of the appointees
are attorneys who are expert in the area of child custody and
child support litigation. He said it's been his experience that
the change process in the Alaska Civil Rules is much more finely
tuned than the change process in some legislation.
1:53:56 PM
SENATOR COGHILL said he agrees that they are two very different
bodies that both make policy so there will always be a tension,
but the Constitution gives primary authority of making laws to
the Legislature. He appreciates that the court sees how the law
interacts at the practical level, but the court also has its own
internal politics.
VICE-CHAIR WIELECHOWSKI asked for a motion to adopt the new
committee substitute (CS).
1:55:49 PM
SENATOR COGHILL moved to adopt CS for SB 46, labeled 26-
LS0279\T, as the working document.
VICE-CHAIR WIELECHOWSKI objected for discussion purposes and
asked Ms. Shockley to explain the changes.
MS. SHOCKLEY said on page 6, lines 24-25 and again on line 27,
the phrase "and cash medical support" was deleted. On page 7,
line 20, the phrase "For purpose of establishing a monthly
support obligation for healthcare expenses," was inserted. The
rest of subsection (e) remains the same. On page 7, line [29],
"medical cost" was deleted and "health care expenses" was
inserted.
Page 8, line [4], following "oath" the phrase "accompanied by
documentation verifying the statement" was inserted; page 8,
line 6, following "This statement" the phrase "and
documentation" was inserted; and page 8, line 9, a period was
placed after the word "modify" and the phrase "and must be
accompanied by documentation verifying the income." was deleted.
1:58:25 PM
Page 9, line [2], "court" was deleted and "tribunal" was
inserted. Page 10, line 15, "tribunal." was deleted and "court."
was inserted. Page 10, line 13, following the word "all" the
word "court" was inserted.
VICE-CHAIR WIELECHOWSKI asked if these are technical changes.
MS. SHOCKLEY answered yes.
VICE-CHAIR WIELECHOWSKI closed public testimony and announced he
would hold SB 48 in committee.
2:02:24 PM
There being no further business to come before the committee,
Vice-Chair Wielechowski adjourned the meeting at 2:02 p.m.
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