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.