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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
H0419|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN 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 ORWIFESPOUSE. Every person 10 who,: 11 (1.) Having any child under the age ofsixteeneighteen (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.)WilfullyWillfully 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 forhis wife'sa spouse's sup- 21 port, or who is able to earn the means for suchwife'sspouse's support, who 22wilfullywillfully abandons and leaveshis wifea spouse in a destitute condi- 23 tion, or who refuses or neglects to provide suchwifespouse with necessary 24 food, clothing, shelter, or medical attendance, unless byherthe 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.
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
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