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S1136aa....................................................by STATE AFFAIRS
DOMESTIC RELATIONS - MILITIA - Amends existing law to provide that when an
active member of the Idaho National Guard has been ordered or called to
duty, the military service shall not be a substantial or material and
permanent change in circumstance to modify by reducing previously decreed
child custody and visitation privileges.
02/27 Senate intro - 1st rdg - to printing
02/28 Rpt prt - to St Aff
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/12 To 14th Ord
03/17 Rpt out amen - to engros
03/19 Rpt engros - to 1st rdg as amen
1st rdg - to 2nd rdg as amen
03/20 2nd rdg - to 3rd rdg as amen
03/24 3rd rdg as amen - PASSED - 32-0-3
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Cameron, Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram,
Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk
NAYS -- None
Absent and excused -- Calabretta, Davis, Williams
Floor Sponsor - Richardson
Title apvd - to House
03/25 House intro - 1st rdg - to Jud
03/26 Ref'd to Transp
03/27 Rpt out - rec d/p - to 2nd rdg
03/28 2nd rdg - to 3rd rdg
03/31 3rd rdg - PASSED - 64-0-6
AYES -- Andersen, Barraclough, Barrett, Bauer, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(23), Gagner, Garrett, Harwood, Jaquet, Jones, Kellogg, Lake,
Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo,
Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Tilman, Trail, Wills, Wood,
Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Field(18), Henbest, Kulczyk, Roberts,
Stevenson
Floor Sponsor - Wood
Title apvd - to Senate
04/01 To enrol
04/02 Rpt enrol - Pres signed
04/03 Sp signed
04/04 To Governor
04/08 Governor signed
Session Law Chapter 250
Effective: Upon Governor entering order and
filing with SOS, calling or ordering ING to
state active duty or specified training or
07/01/03 whichever occurs first
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1136
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO DOMESTIC RELATIONS AND THE STATE MILITIA; AMENDING SECTION 32-717,
3 IDAHO CODE, TO PROVIDE THAT WHEN AN ACTIVE MEMBER OF THE IDAHO NATIONAL
4 GUARD HAS BEEN ORDERED OR CALLED TO DUTY, THE MILITARY SERVICE SHALL NOT
5 BE A SUBSTANTIAL OR MATERIAL AND PERMANENT CHANGE IN CIRCUMSTANCE TO MOD-
6 IFY PREVIOUSLY DECREED CHILD CUSTODY AND VISITATION PRIVILEGES AND TO MAKE
7 TECHNICAL CORRECTIONS; PROVIDING SEVERABILITY; DECLARING AN EMERGENCY AND
8 PROVIDING CONTINGENCIES FOR AN EFFECTIVE DATE.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 32-717, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 32-717. CUSTODY OF CHILDREN -- BEST INTEREST. (1) In an action for
13 divorce the court may, before and after judgment, give such direction for the
14 custody, care and education of the children of the marriage as may seem neces-
15 sary or proper in the best interests of the children. The court shall consider
16 all relevant factors which may include:
17 (a) The wishes of the child's parent or parents as to his or her custody;
18 (b) The wishes of the child as to his or her custodian;
19 (c) The interaction and interrelationship of the child with his or her
20 parent or parents, and his or her siblings;
21 (d) The child's adjustment to his or her home, school, and community;
22 (e) The character and circumstances of all individuals involved;
23 (f) The need to promote continuity and stability in the life of the
24 child; and
25 (g) Domestic violence as defined in section 39-6303, Idaho Code, whether
26 or not in the presence of the child.
27 (2) If the parent has a disability as defined in this section, the parent
28 shall have the right to provide evidence and information regarding the manner
29 in which the use of adaptive equipment or supportive services will enable the
30 parent to carry out the responsibilities of parenting the child. The court
31 shall advise the parent of such right. Evaluations of parental fitness shall
32 take into account the use of adaptive equipment and supportive services for
33 parents with disabilities and shall be conducted by, or with the assistance
34 of, a person who has expertise concerning such equipment and services. Nothing
35 in this section shall be construed to create any new or additional obligations
36 on state or local governments to purchase or provide adaptive equipment or
37 supportive services for parents with disabilities.
38 (3) In any case where the child is actually residing with a grandparent
39 in a stable relationship, the court may recognize the grandparent as having
40 the same standing as a parent for evaluating what custody arrangements are in
41 the best interests of the child.
42 (4) As used in this chapter:
43 (a) "Adaptive equipment" means any piece of equipment or any item that is
2
1 used to increase, maintain or improve the parenting capabilities of a par-
2 ent with a disability.
3 (b) "Disability" means, with respect to an individual, any mental or
4 physical impairment which substantially limits one (1) or more major life
5 activities of the individual including, but not limited to, self-care,
6 manual tasks, walking, seeing, hearing, speaking, learning or working, or
7 a record of such an impairment, or being regarded as having such an
8 impairment. Disability shall not include transvestism, transsexualism,
9 pedophilia, exhibitionism, voyeurism, other sexual behavior disorders,
10 substance use disorders, compulsive gambling, kleptomania or pyromania.
11 Sexual preference or orientation is not considered an impairment or dis-
12 ability. Whether an impairment substantially limits a major life activity
13 shall be determined without consideration of the affect effect of correc-
14 tive or mitigating measures used to reduce the effects of the impairment.
15 (c) "Supportive services" means services which assist a parent with a
16 disability to compensate for those aspects of their disability which
17 affect their ability to care for their child and which will enable them to
18 discharge their parental responsibilities. The term includes specialized
19 or adapted training, evaluations, or assistance with effective use of
20 adaptive equipment, and accommodations which allow a parent with a dis-
21 ability to benefit from other services, such as braille texts or sign lan-
22 guage interpreters.
23 (5) Nothing in this chapter shall be construed to allow discrimination on
24 the basis of disability. In any case where the disability of a parent is found
25 by the court to be relevant to an award of custody of a child, the court shall
26 make specific findings concerning the disability and what affect effect, if
27 any, the court finds the disability has on the best interests of the child.
28 (6) With reference to this section, when an active member of the Idaho
29 national guard has been ordered or called to duty as defined in section
30 46-409, Idaho Code, such military service thereunder shall not be a substan-
31 tial or material and permanent change in circumstance to modify previously
32 decreed child custody and visitation privileges.
33 SECTION 2. SEVERABILITY. The provisions of this act are hereby declared
34 to be severable and if any provision of this act or the application of such
35 provision to any person or circumstance is declared invalid for any reason,
36 such declaration shall not affect the validity of the remaining portions of
37 this act.
38 SECTION 3. An emergency existing therefor, which emergency is hereby
39 declared to exist, this act shall be in full force and effect when the Gover-
40 nor enters an order, and files it with the Secretary of State, calling or
41 ordering members of the Idaho National Guard to state active duty or to Title
42 32 U.S.C. duty other than for training as defined in Section 46-409, Idaho
43 Code, or on July 1, 2003, whichever occurs first.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
Moved by Richardson
Seconded by Sorensen
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1136
1 AMENDMENT TO SECTION 1
2 On page 2 of the printed bill, in line 31, following "modify" insert: "by
3 reducing the member's".
4 CORRECTION TO TITLE
5 On page 1, in line 6, following "IFY" insert: "BY REDUCING THE MEMBER'S".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1136, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO DOMESTIC RELATIONS AND THE STATE MILITIA; AMENDING SECTION 32-717,
3 IDAHO CODE, TO PROVIDE THAT WHEN AN ACTIVE MEMBER OF THE IDAHO NATIONAL
4 GUARD HAS BEEN ORDERED OR CALLED TO DUTY, THE MILITARY SERVICE SHALL NOT
5 BE A SUBSTANTIAL OR MATERIAL AND PERMANENT CHANGE IN CIRCUMSTANCE TO MOD-
6 IFY BY REDUCING THE MEMBER'S PREVIOUSLY DECREED CHILD CUSTODY AND VISITA-
7 TION PRIVILEGES AND TO MAKE TECHNICAL CORRECTIONS; PROVIDING SEVERABILITY;
8 DECLARING AN EMERGENCY AND PROVIDING CONTINGENCIES FOR AN EFFECTIVE DATE.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 32-717, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 32-717. CUSTODY OF CHILDREN -- BEST INTEREST. (1) In an action for
13 divorce the court may, before and after judgment, give such direction for the
14 custody, care and education of the children of the marriage as may seem neces-
15 sary or proper in the best interests of the children. The court shall consider
16 all relevant factors which may include:
17 (a) The wishes of the child's parent or parents as to his or her custody;
18 (b) The wishes of the child as to his or her custodian;
19 (c) The interaction and interrelationship of the child with his or her
20 parent or parents, and his or her siblings;
21 (d) The child's adjustment to his or her home, school, and community;
22 (e) The character and circumstances of all individuals involved;
23 (f) The need to promote continuity and stability in the life of the
24 child; and
25 (g) Domestic violence as defined in section 39-6303, Idaho Code, whether
26 or not in the presence of the child.
27 (2) If the parent has a disability as defined in this section, the parent
28 shall have the right to provide evidence and information regarding the manner
29 in which the use of adaptive equipment or supportive services will enable the
30 parent to carry out the responsibilities of parenting the child. The court
31 shall advise the parent of such right. Evaluations of parental fitness shall
32 take into account the use of adaptive equipment and supportive services for
33 parents with disabilities and shall be conducted by, or with the assistance
34 of, a person who has expertise concerning such equipment and services. Nothing
35 in this section shall be construed to create any new or additional obligations
36 on state or local governments to purchase or provide adaptive equipment or
37 supportive services for parents with disabilities.
38 (3) In any case where the child is actually residing with a grandparent
39 in a stable relationship, the court may recognize the grandparent as having
40 the same standing as a parent for evaluating what custody arrangements are in
41 the best interests of the child.
42 (4) As used in this chapter:
43 (a) "Adaptive equipment" means any piece of equipment or any item that is
2
1 used to increase, maintain or improve the parenting capabilities of a par-
2 ent with a disability.
3 (b) "Disability" means, with respect to an individual, any mental or
4 physical impairment which substantially limits one (1) or more major life
5 activities of the individual including, but not limited to, self-care,
6 manual tasks, walking, seeing, hearing, speaking, learning or working, or
7 a record of such an impairment, or being regarded as having such an
8 impairment. Disability shall not include transvestism, transsexualism,
9 pedophilia, exhibitionism, voyeurism, other sexual behavior disorders,
10 substance use disorders, compulsive gambling, kleptomania or pyromania.
11 Sexual preference or orientation is not considered an impairment or dis-
12 ability. Whether an impairment substantially limits a major life activity
13 shall be determined without consideration of the affect effect of correc-
14 tive or mitigating measures used to reduce the effects of the impairment.
15 (c) "Supportive services" means services which assist a parent with a
16 disability to compensate for those aspects of their disability which
17 affect their ability to care for their child and which will enable them to
18 discharge their parental responsibilities. The term includes specialized
19 or adapted training, evaluations, or assistance with effective use of
20 adaptive equipment, and accommodations which allow a parent with a dis-
21 ability to benefit from other services, such as braille texts or sign lan-
22 guage interpreters.
23 (5) Nothing in this chapter shall be construed to allow discrimination on
24 the basis of disability. In any case where the disability of a parent is found
25 by the court to be relevant to an award of custody of a child, the court shall
26 make specific findings concerning the disability and what affect effect, if
27 any, the court finds the disability has on the best interests of the child.
28 (6) With reference to this section, when an active member of the Idaho
29 national guard has been ordered or called to duty as defined in section
30 46-409, Idaho Code, such military service thereunder shall not be a substan-
31 tial or material and permanent change in circumstance to modify by reducing
32 the member's previously decreed child custody and visitation privileges.
33 SECTION 2. SEVERABILITY. The provisions of this act are hereby declared
34 to be severable and if any provision of this act or the application of such
35 provision to any person or circumstance is declared invalid for any reason,
36 such declaration shall not affect the validity of the remaining portions of
37 this act.
38 SECTION 3. An emergency existing therefor, which emergency is hereby
39 declared to exist, this act shall be in full force and effect when the Gover-
40 nor enters an order, and files it with the Secretary of State, calling or
41 ordering members of the Idaho National Guard to state active duty or to Title
42 32 U.S.C. duty other than for training as defined in Section 46-409, Idaho
43 Code, or on July 1, 2003, whichever occurs first.
STATEMENT OF PURPOSE
RS 12968
This proposal modifies the existing section I.C. 32-717 by
adding a new sub-section with language to provide that State
Active Duty service by members of the state National Guard shall
not be considered a substantial or material and permanent change
in circumstances in order to modify previously decreed child
custody and visitation orders.
FISCAL IMPACT
There is no fiscal impact from this proposal.
Contact
Name: John Norris
Agency: Idaho Military Division
Phone: 422-5471
STATEMENT OF PURPOSE/FISCAL NOTE S 1136