Bill Text: AZ HB2459 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced


Bill Title: Child development; support; fathers' responsibilities

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Introduced - Dead) 2010-01-21 - Referred to House HHS Committee [HB2459 Detail]

Download: Arizona-2010-HB2459-Introduced.html

 

 

 

REFERENCE TITLE: child development; support; fathers' responsibilities

 

 

 

 

State of Arizona

House of Representatives

Forty-ninth Legislature

Second Regular Session

2010

 

 

HB 2459

 

Introduced by

Representatives Ableser, Sinema: Ash, Brown, Burges, Chabin, Heinz, Pancrazi, Young Wright

 

 

AN ACT

 

Amending sections 25-323.01, 36-334 and 43-222, Arizona Revised Statutes; amending Title 43, chapter 10, article 5, Arizona Revised Statutes, by adding section 43-1086.01; relating to family support obligations.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 25-323.01, Arizona Revised Statutes, is amended to read:

START_STATUTE25-323.01.  Child support committee; membership; duties; reports

A.  The child support committee is established consisting of the following members:

1.  The director of the department of economic security or the director's designee.

2.  The assistant director of the division of child support enforcement of the department of economic security.

3.  A division or section chief from the office of the attorney general who has knowledge of or experience in child support enforcement and related issues and who is appointed by the attorney general.

4.  The director of the administrative office of the supreme court or the director’s designee.

5.  Two presiding judges from the domestic relations division of the superior court who are appointed by the chief justice of the supreme court. One judge shall be from an urban county and one judge shall be from a rural county.

6.  A title IV‑D court commissioner who is appointed by the chief justice of the supreme court.

7.  A clerk of the superior court who is appointed by the chief justice of the supreme court.

8.  One county attorney who is appointed by the director of the department of economic security and who is from a county that is currently contracting with the state to provide child support enforcement services.

9.  An executive assistant from the office of the governor who is appointed by the governor.

10.  One person who is knowledgeable in child support issues and who is a noncustodial parent and one person who is knowledgeable in child support issues and who is a custodial parent.  The president of the senate shall appoint these members.

11.  One person who is knowledgeable in child support issues and who is a noncustodial parent and one person who is knowledgeable in child support issues and who is a custodial parent.  The speaker of the house of representatives shall appoint these members.

12.  One parent who is knowledgeable in child support issues, who has joint custody and who is appointed jointly by the president of the senate and the speaker of the house of representatives.

13.  One person from the executive committee of the family law section of the state bar of Arizona who is appointed by the chief justice of the supreme court.

14.  One person from the business community who is appointed jointly by the president of the senate and the speaker of the house of representatives.

15.  Two members of the senate from different political parties.  The president of the senate shall appoint the members and designate one of the members as the cochairperson.

16.  Two members of the house of representatives from different political parties.  The speaker of the house of representatives shall appoint the members and designate one of the members as the cochairperson.

B.  The committee shall prepare an annual written report on its work, findings and recommendations regarding child support guidelines, enforcement and related issues.  The committee shall submit this report to the governor, the president of the senate, the speaker of the house of representatives and the chief justice of the supreme court on or before December 31 of each year and shall provide a copy of this report to the secretary of state and the director of the Arizona state library, archives and public records.  Beginning July 1, 2011, the report shall be submitted electronically.

C.  On or before December 15 of each year, the committee shall prepare a written report on administrative and legislative reforms to improve enforcement of child support orders.  The committee shall submit this report to the governor, the president of the senate, the speaker of the house of representatives and the chief justice of the supreme court and shall provide a copy of this report to the secretary of state.

C.  D.  Nonlegislative members of the committee are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. END_STATUTE

Sec. 2.  Section 36-334, Arizona Revised Statutes, is amended to read:

START_STATUTE36-334.  Determining maternity and paternity for birth certificates

A.  A person completing a birth certificate shall state the name of the woman who gave birth to the child on the birth certificate as the child's mother unless otherwise provided by law or court order.

B.  The state registrar shall not refuse to register a birth certificate because if the birth certificate does not include the name of the father unless the mother is unable to determine paternity, in which case the birth certificate shall state "paternity undetermined".

C.  If a father's name is stated on a birth certificate, the father's name shall be stated on a birth certificate as follows:

1.  Except as provided in section 25‑814, if the mother is married at the time of birth or was married at any time in the ten months before the birth, the name of the mother's husband.

2.  If a mother and father who are not married to each other at the time of birth and were not married to each other in the ten months before the birth voluntarily acknowledge paternity pursuant to section 25‑812, the name of the father acknowledging paternity.

3.  If the state registrar receives an administrative order or a court order establishing paternity, the father's name in the order.

D.  If the acknowledgement of paternity is rescinded pursuant to section 25‑812, the state registrar shall remove the father's name from the registered birth certificate. END_STATUTE

Sec. 3.  Section 43-222, Arizona Revised Statutes, is amended to read:

START_STATUTE43-222.  Income tax credit review schedule

The joint legislative income tax credit review committee shall review the following income tax credits:

1.  For years ending in 0 and 5, sections 43‑1075, 43‑1075.01, 43‑1079.01, 43-1086.01, 43‑1087, 43‑1088, 43‑1090.01, 43‑1163, 43‑1163.01, 43‑1167.01, 43‑1175 and 43‑1182.

2.  For years ending in 1 and 6, sections 43‑1074.02, 43‑1083, 43‑1085, 43‑1164 and 43‑1183.

3.  For years ending in 2 and 7, sections 43‑1073, 43‑1079, 43‑1080, 43‑1086, 43‑1089, 43‑1089.01, 43‑1089.02, 43‑1090, 43‑1167, 43‑1169, 43‑1176 and 43‑1181.

4.  For years ending in 3 and 8, sections 43‑1074.01, 43‑1081, 43‑1168, 43‑1170 and 43‑1178.

5.  For years ending in 4 and 9, sections 43‑1076, 43‑1081.01, 43‑1083.01, 43‑1084, 43‑1162, 43‑1164.01, and 43‑1170.01 and 43-1184. END_STATUTE

Sec. 4.  Title 43, chapter 10, article 5, Arizona Revised Statutes, is amended by adding section 43-1086.01, to read:

START_STATUTE43-1086.01.  Credit for participation in mentoring program

A.  For taxable years beginning from and after December 31, 2010, a credit is allowed against the taxes imposed by this title for costs incurred by a taxpayer for voluntary participation in a mentoring program that is operated by a tax-exempt organization that matches adults with at-risk children.

B.  The amount of the credit shall not exceed two hundred fifty dollars in any taxable year or the amount of the taxpayer's tax liability, whichever is less.

C.  The department of revenue shall prescribe the activities that qualify for the credit. END_STATUTE

Sec. 5.  Intent

It is the intent of the legislature that all children in this state experience the benefits of a father and a mother, and that if a child's father is not part of the child's household, the child's father continues to help nurture his child's positive emotional development and to fulfill his financial support obligations to his child.  The legislature also intends to encourage faith‑based and community organizations to provide educational programs that promote parenting skills, particularly for fathers.

Sec. 6.  Purpose

Pursuant to section 43-223, Arizona Revised Statutes, the legislature enacts section 43-1086.01, Arizona Revised Statutes, as added by this act, to encourage taxpayers to participate in programs for at-risk children.

Sec. 7.  Short title

This act may be known as the "Responsible Father Act".

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