Legislature(2003 - 2004)
03/23/2004 01:45 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 514 An Act relating to child support modification and enforcement, to the establishment of paternity by the child support enforcement agency, and to the crimes of criminal nonsupport and aiding the nonpayment of child support; amending Rule 90.3, Alaska Rules of Civil Procedure; and providing for an effective date. Co-Chair Harris MOVED to ADOPT work draft committee substitute #23-LS1639\W, Mischel, 3/23/04, as the version of the legislation before the Committee. There being NO OBJECTION, it was adopted. PETE ECKLUND, STAFF, REPRESENTATIVE BILL WILLIAMS, discussed the committee substitute, noting the changes. It will remove the peace officer classification for the Child Support Enforcement Division (CSED) investigators. The committee statute deletes language "and unreasonable", Page 3, Line 20 of the House Judiciary version. In response to a question by Representative Croft, Mr. Ecklund explained that the changes were made to the House Judiciary version, inclusion of the pilot project located in Section 12. Mr. Ecklund advised that it was different from the previous, unadopted work draft. Representative Croft MOVED to ADOPT Amendment #1, which would add "and unreasonably" on Page 3, Line 21. (Copy on File). Co-Chair Williams OBJECTED for the purpose of discussion. ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES SECTION, CRIMINAL DIVISION, DEPARTMENT OF LAW, provided information on Amendment #1. She noted that the amendment could cause concern, as it would provide an element of defense that would have to be proven. The Department of Law receives information under Paragraph A from employers regarding other statutory relationships, and the language could make it unreasonably modified. She observed that the Department could draft an amendment addressing the statutory duty to report. Representative Croft felt that it should not be a criminal act for a person to refuse to talk to a CSED officer. He stressed that in no other area, would it be a criminal act to refuse to talk about a subject. He added if the Department of Law does not approve of Amendment #1, then he would MOVE to strike Section #A. Ms. Carpeneti agreed with Representative Croft that people should have the right to say that they do not want to talk. However, Paragraph B only applies to employers regarding the information about health benefits. It would not be an "across the board duty" of the employers to report to the Department of Labor & Workforce Development when there is a new hire. She recommended that it be adjusted. Representative Croft WITHDREW Amendment #1. TAPE HFC 04 - 65, Side A Representative Croft MOVED to ADOPT Amendment #2. (Copy on File). Co-Chair Williams OBJECTED for the purpose of discussion. Representative Croft stated that the amendment would delete all material on Page 4, Lines 16-28 and add a new section to read: "AS 12.55.139 is repealed". He explained that federal law requires the taking of the hunting and fishing license as a sanction. Amendment #2 would remove it as a sanction for the misdemeanor and keeps it as a sanction only for a felony. JOHN MAIN, STAFF, REPESENTATIVE SPEAKER PETT KOTT, noted that when the license issue was mandated for the states, Alaska choose the proposed way to address hunting and fishing licenses. There is no vehicle in which they can deny a hunting or fishing license. Federal government was not pleased that it was placed in those two statutes. Mr. Main feared that if it was removed from a misdemeanor area, the federal government might state that Alaska is not in compliance with the plan and the State could face penalties. In response to a question by Representative Stoltze, Mr. Main stated that he did not know if any states had failed to comply with the federal requirements to take recreational licenses for failure in providing child support. Representative Stoltze commented on the similarities between this and the federal helmet laws. He stressed that hunting and fishing licenses are more than recreational pleasures in Alaska. He voiced his support for the amendment. In response to a query by Representative Chenault, Mr. Main pointed out that only 2-5 people have been convicted in the past two years and that he did not know how many had their recreational licenses removed. JOHN MALLONEE, (TESTIFIED VIA TELECONFERENCE), ACTING DIRECTOR, CHILD SUPPORT ENFORCEMENT DIVISION, DEPARTMENT OF REVENUE, ANCHORAGE, provided information on the legislation. He did not recall any cases being revoked in the past two years, noting that only twenty cases had been prosecuted in the past four years. Mr. Main pointed out that the language uses "may", which is more permissive. Representative Croft testified in support of Amendment #2. He stressed that the connection with subsistence hunting and fishing, maintaining that licenses should only be revoked for serious felony cases. He did not feel that the federal government would withhold funds, but argued that the decision should be made to flow through the correct course, regardless. Co-Chair Harris noted that the amendment would repeal AS 12.55.139. Representative Croft explained that the deletion of the statute would only remove the ability to take recreational licenses in a misdemeanor case. Co-Chair Williams interjected that nonpayment of child support is close to being a felony. Representative Stoltze reminded members that there are "cashless economies" in rural Alaska. He did not want the federal government to deter the adoption of a rational State policy. Representative Hawker stated that any refusal to pay child support is an egregious act. He noted that recreational licenses are of value as a non-monetary item and valuable to the perpetrator; whereas, great monetary fines would further restrict their ability to pay. In response to Vice Chair Meyer, Mr. Main observed that discussions had occurred in the House Judiciary Committee, and that the felony level had been increased. A roll call vote was taken on the motion. IN FAVOR: Stoltze, Croft, Fate, Foster, Joule OPPOSED: Chenault, Hawker, Meyer, Williams, Harris Representative Moses was not present for the vote. The MOTION FAILED (5-5). SPEAKER PETE KOTT distributed a handout in response to the testimony provided by Landa Baily, Special Assistant, th Department of Revenue, March 8, 2004 letter. (Copy on File). [It was not discussed]. Co-Chair Harris MOVED to report CS HB 514 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CS HB 514 (FIN) was reported out of Committee with "individual recommendations" and with a new fiscal note by the Department of Revenue, a zero note by the Department of Public Safety, two zero notes by the Department of Administration, indeterminate note #2 by the Alaska Court System and indeterminate note #3 by the Department of Law.
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