The long-awaited child support draft legislation is finally posted, and according to the governor’s office, Sen. Bart Davis, Rep. Lynn Luker, Senate President Pro Tem Brent Hill, House Speaker Scott Bedke, and others have signed off. Are the changes substantial? Judge for yourself.
Most of the language is identical to Senate Bill 1067, though there are a few amendments tacked on the end that will add new language to totally different sections of Idaho Code. Here’s a breakdown:
-An amendment that says no Idaho court or agency will enforce or recognize an order issued from another country that is incompatible with Idaho code. This new section of code specifically addresses due process concerns.
-A section addressing the registration of foreign support orders.
-A new section directing the director of the Idaho Department of Health and Welfare to develop safeguards to ensure the security of Idahoans’ personal data, as well as put together a process to authenticate requests for information made as a result of the Hague treaty. There is also language directing the state not to provide information on an Idaho resident’s location if there is a protective or no-contact order in place. “The State shall take all necessary steps to ensure the security of data and prevent disclosure to unauthorized persons, entities or jurisdictions,” the draft legislation says.
-Language directing the governor or a designee to monitor proceedings affecting Idaho residents and report to the Legislature. “If at any time it appears that such proceedings are imperiling Idaho residents of affecting Idaho residents in an unjust manner, it is the intent of the Legislature that request be made to the federal government to file a denunciation under Article 64 of the Convention on behalf of the State of Idaho,” the bill says.
One section lawmakers initially discussed — a mental health exception to paying alimony — is not in the final draft.Davis, who told Idaho Reports last week he didn’t support the amendments, said he’s now on board. “I think that the bill is something that I can and will support,” he said.
Last week, Hill told Idaho Reports he didn’t think the changes were necessary, but Hill added he didn’t think they did any harm, either.”I think those things are already addressed elsewhere in Idaho statute, but it certainly doesn’t hurt to reiterate some of those things and tie it in with this particular statute,” Hill said.
You can read Gov. Otter’s press release below:
