2000 Legislation
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HOUSE BILL NO. 419, As Amended, As Amended – Child support, until 18 years old

HOUSE BILL NO. 419, As Amended, As Amended

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Daily Data Tracking History



H0419aa,aa...................................................by MR. SPEAKER
               Requested by Department of Health and Welfare
CHILD SUPPORT - Amends existing law to increase the age of required child
support from sixteen to eighteen years of age.
                                                                        
01/17    House intro - 1st rdg - to printing
    Rpt prt - to Jud
02/16    Rpt out - to Gen Ord
02/22    Rpt out amen - to engros
02/23    Not engros - to Gen Ord
02/29    Rpt out amen - to engros
03/01    Rpt engros - 1st rdg - to 2nd rdg as amen
03/02    2nd rdg - to 3rd rdg as amen
03/07    3rd rdg as amen - PASSED - 53-0-17
      AYES -- Barraclough(Barraclough), Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Crow, Deal, Denney,
      Field(13), Gagner, Gould, Hadley, Hansen(29), Henbest, Hornbeck,
      Jaquet, Kellogg, Kendell, Lake, Linford, Loertscher, Mader, Marley,
      McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy,
      Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
      Smylie, Stevenson, Stoicheff, Stone, Taylor, Trail, Zimmermann, Mr
      Speaker
      NAYS -- None
      Absent and excused -- Alltus, Clark, Cuddy, Ellsworth, Field(20),
      Geddes, Hammond, Hansen(23), Jones, Judd, Kempton, Kunz, Pischner,
      Reynolds, Tilman, Wheeler, Wood
    Floor Sponsor - Smith
    Title apvd - to Senate
03/08    Senate intro - 1st rdg as amen - to Health/Wel
03/10    Rpt out - rec d/p - to 2nd rdg as amen
03/13    2nd rdg - to 3rd rdg as amen
03/29    3rd rdg as amen - PASSED - 32-0-3
      AYES--Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Deide, Frasure, Geddes, Hawkins,
      Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Thorne, Wheeler, Whitworth, Williams
      NAYS--None.
      Absent and excused--Andreason, Dunklin, Stennett
    Floor Sponsor - Whitworth
    Title apvd - to House
03/30    To enrol
03/31    Rpt enrol - Sp signed
04/03    Pres signed - to Governor
04/14    Governor signed
         Session Law Chapter 294
         Effective: 07/01/00

Bill Text


 H0419
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                         HOUSE BILL NO. 419, As Amended, As Amended
                                                                        
                                       BY MR. SPEAKER
                       Requested by: Department of Health and Welfare
                                                                        
  1                                        AN ACT
  2    RELATING TO SUPPORT OF CHILDREN OR  SPOUSE;  AMENDING  SECTION  18-401,  IDAHO
  3        CODE,  TO  INCREASE THE AGE OF REQUIRED SUPPORT TO EIGHTEEN YEARS, TO PRO-
  4        VIDE GENDER NEUTRAL REFERENCES AND TO MAKE TECHNICAL CORRECTIONS; AND PRO-
  5        VIDING AN EFFECTIVE DATE.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 18-401, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
                                                                        
  9        18-401.  DESERTION AND NONSUPPORT OF CHILDREN OR WIFE SPOUSE. Every person
 10    who,:
 11        (1.)  Having  any  child  under  the  age  of sixteen eighteen (168) years
 12    dependent upon him or her for care, education or support, deserts  such  child
 13    in any manner whatever, with intent to abandon it;
 14        (2.)  Wilfully  Willfully  omits, without lawful excuse, to furnish neces-
 15    sary food, clothing, shelter, or medical attendance for his or  her  child  or
 16    children, or ward or wards; provided however, that the practice of a parent or
 17    guardian  who  chooses  for  his  child treatment by prayer or spiritual means
 18    alone shall not for that reason alone be construed to be a  violation  of  the
 19    duty of care to such child;
 20        (3.)  Having  sufficient ability to provide for his wife's a spouse's sup-
 21    port, or who is able to earn the means for such wife's spouse's  support,  who
 22    wilfully willfully abandons and leaves his wife a spouse in a destitute condi-
 23    tion,  or  who  refuses or neglects to provide such wife spouse with necessary
 24    food, clothing, shelter, or medical attendance, unless  by  her  the  spouse's
 25    misconduct he or she is justified in abandoning him or her;
 26    Shall be guilty of a felony and shall be punishable by a fine of not more than
 27    five  hundred  dollars  ($500),  or by imprisonment for not to exceed fourteen
 28    (14) years, or both.
                                                                        
 29        SECTION 2.  This act shall be in full force and effect on and  after  July
 30    1, 2000.

Amendment


 AH0419
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Smith               
                                                                        
                                                     Seconded by Gould               
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 419
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1  of the printed bill, in line 8,   delete  "WIFE"   and  insert:
  3    "WIFE  SPOUSE";  in  line  18,  delete  "his wife's" and insert: "his wife's a
  4    spouse's"; in line 19, delete "wife's" and insert: "wife's spouse's"; in  line
  5    20,  delete  "his  wife"  and  insert: "his wife a spouse"; in line 21, delete
  6    "wife" and insert: "spouse"; in line 22, delete "her"  and  insert:  "her  the
  7    spouse's",  also  in line 22 following "he" insert: "or she", and also in line
  8    22 following "abandoning" insert: "him or".
                                                                        
  9                                 CORRECTIONS TO TITLE
 10        On page 1, in line 2, following "CHILDREN" insert: "OR SPOUSE"; in line 3,
 11    following "YEARS" insert: ", TO PROVIDE GENDER NEUTRAL REFERENCES".
                                                     Moved by    Smith               
                                                                        
                                                     Seconded by Gould               
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                      HOUSE AMENDMENT TO THE AMENDMENT TO H.B. NO. 419
                                                                        
 12                       AMENDMENT TO THE AMENDMENTS TO SECTION 1
 13        On page 1 of the printed  amendment,  in  line  6,   delete  "spouse"  and
 14    insert: "wife spouse".

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                                
                            RS09318
                                   
    
    The current statute only allows an individual to be prosecuted
    for nonsupport of a child under the age of 16.  The statute
    would be amended to allow prosecutions for non- support until
    the child is 18 which would make the criminal non-support
    statute agree with the family law statute that requires a
    parent to support a child until age 18.
    
    
                          FISCAL  IMPACT
                                   If passed, the Department's costs for legal services may
    increase because this statute change would create the
    possibility of increased litigation for criminal non-support
    of children.
    
    
    
    
    
    
    CONTACT   
    Name:     Tamara Prisock
    Agency:        Dept. of Health and Welfare
    Phone:    334-5815
    
    Statement of Purpose/Fiscal Impact                               H0419