05/05/1998 02:00 PM House FIN

HOUSE BILL NO. 344                                                             
                                                                               
"An Act relating to paternity establishment and child                          
support; relating to the crimes of criminal nonsupport                         
and aiding the nonpayment of child support; and                                
amending Rule 37(b)(2)(D), Alaska Rules of Civil                               
Procedure; and providing for an effective date."                               
                                                                               
BARBARA MIKLOS, CHILD SUPPORT ENFORCEMENT DIVISION,                            
DEPARTMENT OF HEALTH AND SOCIAL SERVICES reviewed the                          
proposed committee substitute, work draft # 0-GH2007\F,                        
5/4/98.  She observed that 4 sections were removed after the                   
Division learned that the federal government did not require                   
them.  She referred to a memorandum by Terri Lauterbach,                       
Legislative Council, dated 5/4/98 (copy on file).  She                         
agreed with Ms. Lauterbach's interpretation.  Section 5 was                    
removed.  This section made aiding the nonpayment of child                     
support punishable by the loss of hunting and sport fishing                    
licenses.  Section 11 was removed.  Sections pertaining to                     
court rule changes were also removed.  She stressed that the                   
legislation fulfills federal requirements without doing more                   
then is required by the federal government.                                    
                                                                               
Co-Chair Therriault observed that section 37 would delete                      
the sunset.  He spoke in support of retaining the sunset.                      
                                                                               
Ms. Mikolos explained that section 36 accompanies section 2.                   
                                                                               
Representative Martin questioned if the biological parents                     
are pursued once a child is placed in a foster home.  Ms.                      
Mikolos clarified that both biological parents are pursued,                    
either jointly or individually, based on income.                               
                                                                               
Ms. Mikolos observed that if the sunset provision is                           
retained the Division would be before the Legislature in                       
1999.  In response to a question by Representative Martin,                     
Ms. Mikolos noted that the Division has three investigators.                   
She noted that other employees assist on some                                  
investigations.  Investigators only do the most serious                        
cases.  There is one halftime district attorney assisting                      
the Division.                                                                  
                                                                               
JENNIFER TAYLOR, FAIRBANKS expressed concern with the use of                   
social security numbers.  Co-Chair Therriault noted that                       
social security information would be available to the                          
Department, but not to the general public.  She emphasized                     
the need to provide for the survival of children born to                       
single poor mothers.  She stressed that statutes should be                     
written for general comprehension.  She maintained that                        
culpability should be the same regardless of income.  She                      
spoke in support of state statutes that are serious enough                     
to provide absolute enforcement.                                               
                                                                               
(Tape Change, HFC 98 - 154, Side 2)                                            
                                                                               
In response to a question by Co-Chair Therriault, Ms.                          
Mikolos explained that language contained in the previous                      
version was found to be over reaching.  The Division                           
consulted with the federal government and they agreed.  She                    
added that section 24 might still be too broad.                                
                                                                               
DAN BRANCH, HUMAN SERVICES SECTION, ASSISTANT ATTORNEY                         
GENERAL, DEPARTMENT OF LAW suggested that "has a" and                          
"obligated" be deleted and replaced with "owes overdue."  He                   
explained that this change would provide that the only                         
persons that could have their fish and game licenses                           
affected by failure to comply with a child support subpoena                    
or warrant are those that owe overdue child support.                           
                                                                               
Co-Chair Therriault MOVED to delete "has a" and "obligated"                    
and insert "owes overdue."  There being NO OBJECTION, it was                   
so ordered.                                                                    
                                                                               
Co-Chair Therriault MOVED to delete section 37.  He                            
explained that this would retain the sunset review.                            
Representative Davies suggested that the sunset date be                        
extend to the year 2001.  Ms. Mikolos spoke in support of a                    
2001-year sunset review.  Co-Chair Therriault WITHDREW the                     
MOTION to delete section 37.                                                   
                                                                               
Representative Davies MOVED to amend section 37 to provide a                   
sunset date of 2001.  There being NO OBJECTION, it was so                      
ordered.                                                                       
                                                                               
Representative Davies questioned what provisions would be                      
taken to keep social security numbers confidential.  Ms.                       
Mikolos noted that there is a federal felony penalty for                       
failure to maintain confidentiality.   She noted that they                     
have an agreement with the Department of Fish and Game to                      
black out social security numbers on licenses.                                 
                                                                               
Representative Davies MOVED to ADOPT work draft # 0-                           
GH2007\F, 5/4/98.  There being NO OBJECTION, it was so                         
ordered.                                                                       
                                                                               
Representative Davies MOVED to report CSHB 344 (FIN) out of                    
Committee with the accompanying fiscal notes.                                  
Representative Kohring OBJECTED.  He expressed concern that                    
too much control is being given to the Child Support                           
Enforcement Division.  He also expressed concern with the                      
inclusion of social security numbers and federal mandates.                     
                                                                               
A roll call vote was taken on the motion.                                      
                                                                               
IN FAVOR: Davies, Grussendorf, Moses,  Davis, Foster, Kelly,                   
Martin, Therriault                                                             
                                                                               
OPPOSED: Kohring                                                               
                                                                               
Co-Chair Hanley and Representative Mulder were absent for                      
the vote.                                                                      
                                                                               
The MOTION PASSED (8-1).                                                       
                                                                               
CSHB 344 (FIN) was REPORTED out of Committee with "no                          
recommendation" and with five zero fiscal notes, three by                      
the Department of Administration, one by the Department of                     
Revenue, one by the Department of Community and Regional                       
Affairs; and one fiscal impact note by the Department of                       
Administration.