1999 Legislation
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SENATE BILL NO. 1010, As Amended in the House – Child support guide/sunset extended

SENATE BILL NO. 1010, As Amended in the House

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Daily Data Tracking History

S1010aaH..............................................by HEALTH AND WELFARE
CHILD SUPPORT GUIDELINES - Amends existing law to extend the sunset
provisions on the authority of the Department of Health and Welfare to
adopt child support guidelines to July 1, 2000.

01/20    Senate intro - 1st rdg - to printing
01/21    Rpt prt - to Health/Wel
02/10    Rpt out - rec d/p - to 2nd rdg
02/11    2nd rdg - to 3rd rdg
02/15    3rd rdg - PASSED - 25-2-8
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Darrington, Deide, Dunklin, Frasure, Geddes, Keough, Lee,
      McLaughlin, Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Thorne, Twiggs, Wheeler, Whitworth
      NAYS--Davis, Hawkins
      Absent and excused--Danielson, Ingram, Ipsen, King, Noh, Parry,
      Riggs, Stennett
    Floor Sponsor - Darrington
    Title apvd - to House
02/16    House intro - 1st rdg - to Health/Wel
03/05    Rpt out - to Gen Ord
03/10    Rpt out amen - to 1st rdg as amen
03/11    1st rdg - to 2nd rdg as amen
03/12    2nd rdg - to 3rd rdg as amen
    Rules susp - PASSED - 52-0-18
      AYES -- Alltus, Barraclough(Barraclough), Bell, Bieter, Black, Boe,
      Bruneel, Callister, Chase, Clark, Deal, Field(13), Field(20), Gagner,
      Geddes, Hadley, Hammond, Hansen(23), Henbest, Hornbeck, Jones, Judd,
      Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford, Mader,
      Marley, McKague, Montgomery, Mortensen, Moyle, Pischner, Pomeroy,
      Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
      Stevenson, Stone, Tilman, Watson, Wheeler, Williams, Zimmermann,
      Mr Speaker
      NAYS -- None
      Absent and excused -- Barrett, Campbell, Crow, Cuddy, Denney,
      Ellsworth, Gould, Hansen(29), Jaquet, Loertscher, Meyer, Smith,
      Smylie, Stoicheff, Taylor, Tippets, Trail, Wood
    Floor Sponsor - Sali
    Title apvd - to Senate
03/15    Senate concurred in House amens - to engros
    Rpt engros - 1st rdg - to 2nd rdg as amen
03/16    2nd rdg - to 3rd rdg as amen
03/17    3rd rdg as amen - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Twiggs, Wheeler, Whitworth
      Absent and excused--Parry
    Floor Sponsor - Darrington
    Title apvd - to enrol
    Rpt enrol - Pres signed
03/18    Sp signed
03/19    To Governor
03/23    Governor signed
         Session Law Chapter 149
         Effective: 07/01/99

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                                      IN THE SENATE

                      SENATE BILL NO. 1010, As Amended in the House

                             BY HEALTH AND WELFARE COMMITTEE

 1                                        AN ACT

 4    Be It Enacted by the Legislature of the State of Idaho:

 5        SECTION 1.  That Section 32-706A, Idaho Code, be, and the same  is  hereby
 6    amended to read as follows:

 8    PRESUMPTIVE.  A.  The purpose of this act is to provide compliance with recent
 9    federal action whereby the congress of the United States has  enacted  42  USC
10    667  as  amended  by public law 100-485, 102 STAT 2343, which measure requires
11    that, effective October 13, 1989, as a condition to having a  state  plan  for
12    the receipt of federal aid for dependent children funds approved, a state must
13    establish child support guidelines, which are to have a rebuttable presumption
14    of  being  the  correct amount for purposes of setting the level of child sup-
15    port, unless in a particular case the court finds, under criteria  established
16    by  the  legislature  of the state that application of the guidelines would be
17    unjust or inappropriate. In addition, the purpose of this act is to  recognize
18    and  give  presumptive  effect to the child support guidelines which have been
19    adopted by the supreme court of the state of Idaho, to  be  effective  on  and
20    after  April 1, 1989, which guidelines have been declared by the supreme court
21    to be advisory, as an aid for the litigants and the  courts  to  evaluate  the
22    needs  of  the  children  and  the resources of the parents in determining the
23    appropriate level of child support.
24        B.  The legislature hereby authorizes and encourages the supreme court  of
25    the  state  of  Idaho  to  adopt  and to periodically review for modification,
26    guidelines to promote uniform and adequate child support awards, to supplement
27    the factors set forth in section 32-706, Idaho Code, to be used as an aid  and
28    a  structure for litigants and courts to evaluate the individual circumstances
29    of the needs of children and the resources of parents, in determining the lev-
30    els of child support, and in evaluating the evidentiary circumstances of  each
31    individual case.
32        C.  In  arriving  at the amount to be ordered as child support, the court,
33    in addition to considering the factors  described  in  section  32-706,  Idaho
34    Code,  shall  also  apply  the  guidelines adopted by the supreme court of the
35    state of Idaho on January 27, 1989, and as those guidelines are from  time  to
36    time  amended.  There shall be a rebuttable presumption that the amount of the
37    award which would result from the application of the guidelines is the  amount
38    of  child  support to be awarded, unless evidence is presented in a particular
39    case which indicates that an application of the guidelines would be unjust  or
40    inappropriate.  If  the  court determines that circumstances exist to permit a
41    departure from the guidelines, the judge making the determination shall make a
42    written or specific finding on the record that the application of  the  guide-
43    lines  would  be  unjust  or  inappropriate  in the particular case before the


 1    court.
 2        D.  The provisions of this section shall be null, void and of no force and
 3    effect on and after July 1,  1999   2000 .

Statement of Purpose / Fiscal Impact

                        STATEMENT OF PURPOSE


Federal law requires that each state have guidelines under which
to courts should respond to motions to ordering of child
support. Idaho has had a child support guideline development and
review process in place since 1989. This legislation would
eliminate the sunset clause on this provision.

                           FISCAL IMPACT

There is no fiscal impact of this proposed change. There is
fiscal impact if there are not guidelines as this is required
for continuing eligibility to receive federal child support and
other funding.

Name: Roseanne Hardin
Agency: Division of Family and Community Service
Phone: 334-5680

Statement of Purpose/Fiscal Impact                           S1010