Legislature(1997 - 1998)

04/27/1998 01:18 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HB 344 - PATERNITY/CHILD SUPPORT/NONSUPPORT                                    
                                                                               
Number 0229                                                                    
                                                                               
CHAIRMAN GREEN announced the committee would address HB 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," sponsored by the              
House Rules Committee by request of the Governor.                              
                                                                               
Number 0330                                                                    
                                                                               
BARBARA MIKLOS, Director, Child Support Enforcement Division                   
(CSED), Department of Revenue, came before the committee to explain            
HB 344.  She said the legislation was introduced in order to comply            
with federal welfare reform requirements.  In 1996, Congress passed            
the Personal Responsibility and Work Opportunity Reconciliation Act            
and ended welfare as we know it.  They realized at the time that if            
they were going to get people off welfare permanently, poor                    
families needed assistance in achieving self-sufficiency.  One of              
the ways that self-sufficiency has been achieved is through child              
support.  She explained they made many changes in child support                
legislation, and then required the states to comply with those                 
changes.  Last year, SB 154 passed the legislature, which made a               
lot of the changes, but the complete package was not passed.  Ms.              
Miklos informed the committee that HB 344 finishes the package.                
Some of the provisions weren't included because people realized we             
had more time to comply.  She noted there has been technical                   
amendments, and many of the requirements were changed with the                 
technical amendments.  The department has attempted to put only                
things in the bill that are required by welfare reform.  She said,             
"There are a couple of things that we realize that we can take out             
afterwards and would be glad to talk to you about those things."               
Ms. Miklos stated that if the legislation is not passed this year,             
the federal government has said they would penalize the state of               
Alaska approximately $15 million by ending all federal funding for             
child support, and eventually ending the Tannif (ph) bock grant,               
which is about $63 million to the state of Alaska. She urged the               
committee to pass the legislation.                                             
                                                                               
Number 0404                                                                    
                                                                               
MS. MIKLOS indicated she would review the highlights of the bill.              
The legislation requires that all employers report all new hires or            
rehires within 20 days to CSED.  The legislation gives the courts              
the authority to revoke sport fishing and hunting licenses in some             
criminal cases and in contempt of court cases.  She said the bill              
mandates that social security numbers be provided for child support            
purposes on applications for drivers licenses, and hunting and                 
sport fishing licenses.  It gives the child support liens from                 
other states the same standing as Alaskan liens.  The bill gives               
the courts the authority to hold a person in contempt for failing              
to honor an administrative child support subpoena.  The rest of the            
changes are technical changes in definitions or changes to make                
things consistent.                                                             
                                                                               
CHAIRMAN GREEN referred to a license revocation and said if that               
license is used in a person's livelihood, is there a legal problem             
with that?                                                                     
                                                                               
Number 0499                                                                    
                                                                               
DAN BRANCH, Assistant Attorney General, Human Services Section,                
Civil Division, Department of Law, responded that he doesn't                   
believe so.                                                                    
                                                                               
CHAIRMAN GREEN said if we assume the same lien that would be                   
applied if a person has moved to Alaska from another state, does               
that, in any way, cause any problem with Alaska accepting other                
state's laws?  He said sometimes there are conflicts with laws                 
between states.                                                                
                                                                               
MR. BRANCH indicated he doesn't believe there would be a problem.              
He said the lien would have to be valid in the law of the state in             
which it's issued.  Every state has to meet the same federal                   
mandates.  Every state will be required to give every other state              
child support liens (indisc.) and credit.  Mr. Branch pointed out              
that the way the legislation is drafted, the department would                  
expect that the lien would be recorded in the same way that our                
child support liens are recorded.  Basically, it would open a door,            
for example, for Montana to record one of its child support liens              
in Alaska.  At that point, it would be treated as if it were a                 
child support lien of Alaska.                                                  
                                                                               
CHAIRMAN GREEN said, "And by so accepting, we wouldn't necessarily             
imply anything that we might not accept from say Montana.  Maybe               
they have helmet law that's different, or some other law that has              
nothing to do with this.  This acceptance would not create any kind            
of an implied (indisc.)."                                                      
                                                                               
MR. BRANCH said he doesn't believe it would be any type of waiver              
of state sovereign powers.                                                     
                                                                               
Number 0604                                                                    
                                                                               
REPRESENTATIVE BUNDE asked what the opportunity is for reciprocity             
using the Montana example.  He asked how many other states might               
accept Alaska's liens.                                                         
                                                                               
MR. BRANCH responded, "Every single one."  He stated all the states            
are mandated by the same federal laws to have legal procedures that            
allow for Alaska's, and every other state's, child support liens to            
be treated as if they arose in their state.  Mr. Branch stated they            
are all looking for the same penalties.                                        
                                                                               
CHAIRMAN GREEN said if Alaska was to lose $10 million, that would              
be a significant amount of money.  He pointed out that perhaps                 
there are some states where that wouldn't be such a big issue.  He             
asked if the dollar amount is $10 million to each state that                   
doesn't comply, or is it proportional to something else like                   
population.                                                                    
                                                                               
MS. MIKLOS responded that it is all the federal money that goes                
into child support.  A bigger state would have more money.  She                
noted it is all the federal money that goes into public assistance             
block grants.                                                                  
                                                                               
Number 0735                                                                    
                                                                               
REPRESENTATIVE JEANNETTE JAMES said she has absolutely no problem              
making people who owe child support to pay their child support.                
Her objection to the legislation relates to several issues, but                
mostly it is a demand from the federal government for us to do this            
or they'll take away our money.  She stated, "And I guess I'm as               
far to the right as you can get on that, Mr. Chairman, because it              
doesn't make any difference to me if it's child support or any of              
the other issues.  I am up to here with the federal government                 
telling me I must do it their way or they'll take back their money.            
And I say take the money and go home and we'll do it our way."  She            
indicated she will be a "no vote" on the bill.                                 
                                                                               
Number 0808                                                                    
                                                                               
REPRESENTATIVE ETHAN BERKOWITZ referred to the references in the               
bill to social security numbers and said the way he reads the bill             
is that even people who aren't subject to CSED's jurisdiction would            
have to provide a social security number.                                      
                                                                               
MS. MIKLOS responded in the affirmative and noted it would be on               
the applications.                                                              
                                                                               
REPRESENTATIVE BERKOWITZ said currently on an application for a                
fishing license the social security number is optional.  He asked              
if he would be required to include his social security number if               
the legislation becomes law.                                                   
                                                                               
MS. MIKLOS responded in the affirmative.                                       
                                                                               
REPRESENTATIVE BERKOWITZ asked if even people who aren't subject to            
CSED's jurisdiction would have to include their social security                
numbers on a license application.                                              
                                                                               
MS. MIKLOS said, "Yes, according to the federal welfare reform                 
legislation passed by Congress, ... and then those social security             
numbers are to be maintained.  There is still privacy protections              
on those numbers and released as requested by Child Support                    
Enforcement."                                                                  
                                                                               
REPRESENTATIVE BERKOWITZ said, "When I go down to the store and buy            
my license, it's on a blank slate or essentially on a sheet that               
anyone can read through.  And there is no provision, in most                   
places, for protecting that kind of privacy information.  I'm                  
comfortable with people having, to some extent, knowing the details            
that are on my fishing license.  But if I want to protect my social            
security number, you're telling me my choice is either no fishing              
license or what would happen?"                                                 
                                                                               
Number 0905                                                                    
                                                                               
MS. MIKLOS pointed out that the Department of Fish and Game has                
agreed that next year, if the bill were to become law, they would              
be willing to black out the two copies of the fishing license.  The            
copy the person receives and the one the store receives wouldn't               
have a social security number on it.  The only one that would have             
a social security number would be the copy that is sent to the                 
Department of Fish and Game.  Another option is that a person may              
apply directly to the Department of Fish and Game for a license.               
                                                                               
REPRESENTATIVE BERKOWITZ stated that it seems to him that the                  
federal government is being granted more authority than they need              
to have.  He said you could require the people, who are subject to             
CSED jurisdiction, to include their social security number on their            
licenses, but he doesn't see how that would prevent somebody unless            
there is an immediate check when the license is issued.  He said he            
doesn't see how it would require him to make payments or how it's              
related to his CSED payment.  Representative Berkowitz said in a               
way, it's almost easier to come back retrospectively through CSED              
and see who has fishing licenses and pull them that way, rather                
than going the other way around.                                               
                                                                               
MS. MIKLOS said one of the requirements is that you must have some             
sort of sanction that requires withholding a sporting license.  She            
said they have tried to make that the least onerous that they can              
by making it a court proceeding.  In order to determine if someone             
had one, the way CSED would find that out is by social security                
number.  She said CSED would ask the Department of Fish and Game if            
a person had a license.                                                        
                                                                               
Number 1025                                                                    
                                                                               
REPRESENTATIVE BUNDE stated he understands the thrust of the                   
argument and the maintaining of the privacy.  While that notion is             
universally assessable, it frustrates him.  He said it is his                  
understanding that if he paid certain national organizations $35,              
he could obtain anyone's social security number within a day.  He              
asked if that statement is accurate.                                           
                                                                               
MS. MIKLOS stated that she didn't know that.  She informed the                 
committee that CSED has found existing places where there are                  
violations of the privacy act regarding social security numbers.               
They are supposed to be completely confidential according to                   
federal legislation passed in 1990.  Nothing in the bill changes               
that and they will be maintained as confidential.  It is a federal             
crime if you don't keep social security numbers confidential,                  
whether your a storekeeper or an employee of CSED.  In that sense,             
there are many protections still built into the system.  She noted             
she didn't know people could obtain social security numbers the way            
Representative Bunde discussed.                                                
                                                                               
Number 1108                                                                    
                                                                               
CHAIRMAN GREEN said, "Is it the concept of this ... reasoning that             
it's so much easier to -- or is it because of uniformity of the                
other states that you would use a (indisc.) social security number             
other than searching the fish and game records?  I mean those                  
licenses all have a number on them too."                                       
                                                                               
MS. MIKLOS said she believes it was Congress' intent to try to make            
finding people as easy as possible.  She referred to Representative            
James' comment about federal mandates and said she thinks that a               
lot of people probably feel that same way.  Ms. Miklos informed the            
committee that the idea of the legislation was to help collect                 
child support, and in order to do that, they've also made some                 
mandates.  Social security numbers are much more of a consistent               
identifier than anything else we have.                                         
                                                                               
CHAIRMAN GREEN said he has found that people who get sport fishing             
and sport hunting licenses quite often, not always, have a tendency            
to be law abiding citizens.  He said there would be a lot of people            
who would slip through the net because they're not fishers or                  
hunters.                                                                       
                                                                               
MS. MIKLOS referred to implementing the welfare reform legislation             
and said there was a large net because there is other ways to find             
people.  In terms of legislation passed last year, it included                 
occupational licenses, drivers licenses and new-hire reporting.                
Hunting and fishing licenses is another way, but it's not the only             
way.  She noted that in an article in the New York Times that the              
new-hire reporting has found 100,000 people, since it was                      
implemented in most states, who have not been paying child support.            
                                                                               
Number 1290                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ said, "I don't have the full text here but            
the briefing I have here seems to indicate that this is written in             
a conjunctive 'and,' and the applicants for licenses and                       
individuals who are subject to court order and anyone who's died is            
really nothing to worry about.  Those folks have to put their                  
social security number down.  And it seems to me that we can comply            
with the federal requirement with - instead of stating, 'Everyone              
who applies for a license has to provide a social number,' it's                
simply stating, 'everyone subject to a court order has to provide              
a social security number.'"                                                    
                                                                               
MR. BRANCH said he disagrees.  He stated he believes that in                   
federal language an intent is to require that anyone who applies               
for any of these licenses provides a social security number,                   
whether or not they have child support obligations.  Mr. Branch                
said he isn't condoning that, but that is what he believes that                
Congress mandated, which is very clear.  He said, "We have to have             
legal proceedings requiring that social security numbers of any                
applicant for a professional license, drivers license, occupation              
license, recreational licenses, marriage license, be recorded on               
the application.  And any individual who has died be placed in the             
record relating to the death and be recording a death certificate."            
                                                                               
REPRESENTATIVE BERKOWITZ pointed out that it's "and" and not "or."             
They're not drawing a distinction between the three classes of                 
applicants and the three categories.  He said because it's "and,"              
his interpretation of what they're saying is, "If you're applying              
for a license and you're subject to a support decree, then you have            
to put you're social security down."                                           
                                                                               
MS. MIKLOS responded, "It says any applicant who applies for a                 
recreational license."                                                         
                                                                               
REPRESENTATIVE BERKOWITZ said, "But then -- that's subparagraph 1,             
and subparagraph 2 it says, ';' at the end of subparagraph 1, so               
paragraph 2 '; and', not '; or'.  And the way we interpretate our              
statutes here is if you have a laundry list, if it's laundry list              
and then an 'or', it's any of those individual items.  But if it's             
the 'and', then they have to all come together."                               
                                                                               
MR. BRANCH said he disagrees with that interpretation.  He said the            
use of the gammer indicates that the social security numbers of the            
applicants, for any those licenses, and the social security numbers            
of any individuals subject to a domestic relations order, and                  
anyone who's died, that their social security number be placed on              
the death certificate.                                                         
                                                                               
Number 1625                                                                    
                                                                               
CHAIRMAN GREEN indicated there are three proposed amendments.  The             
first amendment is by Representative Croft.                                    
                                                                               
REPRESENTATIVE BUNDE objected to the adoption of the Amendment 1,              
for the purpose of discussion.                                                 
                                                                               
REPRESENTATIVE ERIC CROFT explained he has spoke to the                        
Administration about the protecting social security numbers.  He               
said he had been worried that it would set up an ideological                   
conflict.  As it often happens, you're able to find a practical                
accommodation.  He said, "What they said is, 'Our problem is it's              
one form and the social security number is on it.  It has to be                
confidential by federal law.'  And I found further support for that            
in a memo from Dan Branch, of the AG's (Attorney General) office,              
talking about which federal provisions require it to be                        
confidential.  So it is required to be confidential now, but it's              
difficult the way the bill is written for the department to do it.             
And if they have the authority to separate, keeping the same file              
but separate the other information from the social security number,            
then they can easily give that other information and keep the                  
social security number confidential.  I'm not sure what exactly in             
the bill prevents - or even current law, prevents them from doing              
it now, but if we can enable them to do that it might help some of             
the legitimate privacy concerns that some people have."                        
                                                                               
Number 1720                                                                    
                                                                               
REPRESENTATIVE BUNDE asked how difficult this could be and what the            
fiscal impact would be.                                                        
                                                                               
MS. MIKLOS stated the amendment is in conjunction with an amendment            
that was requested by the court system.  She pointed out that last             
year in SB 154 there was actually language that said the social                
security number would go on the divorce or disillusion papers.  At             
that time, people didn't take into account that those were public              
documents.  Ms. Miklos said when they started looking into the                 
whole social security number issue, it became clear that it would              
be onerous to the court system for them to have to make those                  
papers confidential.  She said the solution that was worked out was            
that they would develop this extra form, as described by                       
Representative Croft, and then this amendment allows them to give              
CSED the information in that form.  She stated to two amendments               
kind of go together.                                                           
                                                                               
Number 1722                                                                    
                                                                               
DOUG WOOLIVER, Administrative Attorney, Office of the                          
Administrative Director, Alaska Court System, came before the                  
committee.  He explained that under the current provisions, they               
transmit the information to CSED that they need on the forms.  Mr.             
Wooliver said the amendment is a technical amendment.  It still                
allows the Alaska Court System to transmit the numbers, but since              
those numbers aren't on the forms any longer, other language is                
needed, which is included in the amendment.                                    
                                                                               
REPRESENTATIVE BUNDE inquired about the fiscal impact.                         
                                                                               
MR. WOOLIVER explained the fiscal impact was incurred in SB 154, as            
that is the bill that required the changing of forms.  He stated               
they still have to collect and transmit social security numbers per            
federal law.  The amendment would allow the changing of the form.              
                                                                               
REPRESENTATIVE CROFT said Amendment 1 allows for that internal                 
transfer with social security numbers.                                         
                                                                               
CHAIRMAN GREEN clarified that the Alaska Court System and CSED will            
still have the social security numbers, but both groups will have              
them separate from any documents that the public would see.                    
                                                                               
REPRESENTATIVE BUNDE removed his objection to the adoption of                  
Amendment 1.  There being no further objection, Amendment 1 was                
adopted.                                                                       
                                                                               
CHAIRMAN GREEN indicated there is a proposed Amendment 2, E.5.  He             
then called for a brief at-ease.                                               
                                                                               
Number 1830                                                                    
                                                                               
REPRESENTATIVE CROFT moved that the committee adopt Amendment 2.               
                                                                               
REPRESENTATIVE BUNDE objected for the purpose of discussion.                   
                                                                               
REPRESENTATIVE CROFT referred to the divorce and disillusion                   
documents and said you can separate the social security numbers,               
and thereby not cause the Alaska Court System so much of a problem             
in something that is a public document which, under federal law,               
would have to be kept confidential because it has a social security            
number on it.                                                                  
                                                                               
Number 1867                                                                    
                                                                               
REPRESENTATIVE BUNDE removed his objection to the adoption of                  
Amendment 2.                                                                   
                                                                               
MR. WOOLIVER explained that amendment would allow the court system             
to segregate the social security numbers from the public document.             
                                                                               
CHAIRMAN GREEN referred to page 3, line 16, of Amendment 2, and                
said it talks about listing social security numbers for each child             
whose rights are addressed in the judgement.  He asked if that                 
would apply to people who may not be under CSED auspices.  He said,            
"Does this create a problem for possible -- cousin Berkowitz, for              
example, who would not like his social security number                         
automatically out in the public and he's not under CSED, but he may            
have been a child, 17-year-old or something, that's going to go                
into the service, or 18, something in that range.  I'm stretching              
a point, I'm just trying to..."                                                
                                                                               
REPRESENTATIVE BRIAN PORTER stated it is existing law.                         
                                                                               
CHAIRMAN GREEN said it is existing law that they would have their              
number listed as well.                                                         
                                                                               
Number 1963                                                                    
                                                                               
REPRESENTATIVE JAMES said that just because someone has a                      
disillusion of marriage, it doesn't necessarily mean that they are             
going to need to be attended to by CSED.  She said she would really            
object to having her name and social security number being reported            
to CSED, because she doesn't ever plan and maybe never ever would              
have the need for services of CSED.                                            
                                                                               
CHAIRMAN GREEN asked if there was a further objection to the                   
adoption of Amendment 2.  There being none, Amendment 2 was                    
adopted.                                                                       
                                                                               
CHAIRMAN GREEN stated there were two further amendments by                     
Representative Rokeberg, who wasn't in attendance.                             
                                                                               
REPRESENTATIVE BUNDE offered Amendment 3, E.3, Lauterbach, 4/20/98,            
on behalf of Representative Rokeberg.                                          
                                                                               
REPRESENTATIVE PORTER objected for the purpose of discussion.                  
                                                                               
Number 2060                                                                    
                                                                               
JANET SEITZ, Legislative Assistant to Representative Norman                    
Rokeberg, Alaska State Legislature, came before the committee.  She            
explained the amendment was offered by Representative Rokeberg to              
address a concern a constituent has.  Under current statute,                   
modification of child custody or visitation, the court may consider            
a parent's failure to pay child support.  The amendment goes                   
further by telling the courts that they may not modify the custody             
or visitation rights if the parent arrears have increased after the            
date of the final support order.  She stated that it doesn't take              
visitation rights away, it just says that the court may not modify             
the custody or visitation rights if the parent's arrears have                  
increased, unless the custodial parent agrees.                                 
                                                                               
REPRESENTATIVE BUNDE asked if that would be for any reason.  He                
questioned what would happen if there are some other compelling                
reasons to modify the visitation right such as the parent that is              
in arrears is in jail.                                                         
                                                                               
MS. SEITZ said the amendment does contain the language "best                   
interest of the child" lanugage in the amendment, so that would be             
considered by the court.                                                       
                                                                               
REPRESENTATIVE CROFT said, "May not modify custody or visitation               
rights if they've been arrears and it's been increased even in --              
I guess we're assuming, in one direction, that it would go in a way            
that was -- this doesn't seem to put it - to limit it to only one              
direction.  That is what if there were an order that cut off or                
limited the visitation rights of the nonpaying parent and the court            
wanted to do that, but this says I cannot - 'you're not paying as              
well as other conduct, I want to modify your visitation rights, but            
I find that it has increased.'  It seems to me if that's the                   
direction it's going, it would be phrased in the one direction, not            
sort of both.  I can't help -- I can't hurt the parent in arrears              
under this provision.  I know that was poorly stated but I was                 
trying to get...."                                                             
                                                                               
MS. SEITZ referred to the case where the noncustodial parent keeps             
threatening the custodial parent and said the noncustodial parent              
hasn't paid the child support but he/she keeps telling the                     
custodial parent that they're not going to pay child support, they             
are going to go to court and get visitation rights modified or                 
increased, or they are going to get the custody arrangement                    
changed.  She said the amendment is an attempt to suggest to the               
court that they "may not" unless they determine the modification is            
in the best interest of the child, until those arrears are taken               
care of.                                                                       
                                                                               
REPRESENTATIVE CROFT said, "The way I read it if the court said,               
'We've had enough of your nonpayment, as well as other actions,                
including threats, we want to cutoff or drastically reduce your                
visitation rights,' I think this limits the court's discretion to              
do that.  I think I understand the problem that Representative                 
Rokeberg was trying to address, but I worry sort of the idea of                
unintended consequences -- that we could hamstring a court who                 
finally said -- who wanted to discipline that in arrears party."               
                                                                               
Number 1963                                                                    
                                                                               
REPRESENTATIVE JAMES stated she supports the amendment.  She said              
her experience with the public is that the visitation rights of the            
noncustodial parent is a plus for the child, not a negative.  The              
amendment says the failure to grant the modification would be                  
detrimental to the best interest of the child.  That is an                     
important part of this issue.  The best interest of the child                  
should demand the case and nothing else should interfere with that.            
                                                                               
REPRESENTATIVE PORTER indicated he tends to agree with                         
Representative Croft's reading of the amendment.  He asked if it               
would satisfy the sponsor's intent if new language said something              
like, "The court may restrict the custody or visitation rights of              
a parent with respect...."                                                     
                                                                               
REPRESENTATIVE CROFT said, "Unless the other parent consents in                
writing to the modification -- so it may be that if it goes in the             
other parent's direction, you just have to get their, 'I like this             
- this modification.'  So if we're going to restrict the visitation            
on the parent in arrears, maybe they have to go through that                   
additional hoop of getting the custodial parent, in this case, to              
do it."  He stated this is an area for discretion of the court.                
                                                                               
REPRESENTATIVE BUNDE suggested the amendment read, "Visitation is              
not granted unless it's in the best interest of the child."  It                
would allow the court the maximum freedom to decide, even if                   
somebody is in arrears.  It would be a matter in the best interest             
of the child.                                                                  
                                                                               
Number 2345                                                                    
                                                                               
CHAIRMAN GREEN called for an at-ease.  He called the meeting back              
to order and announced Amendment 3 was before the committee.                   
                                                                               
REPRESENTATIVE NORMAN ROKEBERG said he is satisfied with the way               
the amendment was presented unless somebody can tell him otherwise.            
He said, "It is his understanding of the nature of the amendment               
was that, because it cut both ways, in order to overcome harassment            
and the argument that I'm going to -- if the noncustodial parent               
was threatening the custodial parent, that they could indicate that            
no matter what you do, if you threaten to go back and get                      
visitation rights or custody changed, it's not going to change                 
anyway, whether you're in arrears or not.  And also, it protects               
somebody who is in arrears from losing their custody or visitation             
rights the way I took it."                                                     
                                                                               
CHAIRMAN GREEN said "may not" means "no," as opposed to "may" or               
"shall" where there is not a "not" behind it.  He stated his                   
concern is that if he is the custodial parent, this would prevent              
him from getting a change in the order because "deadbeat" isn't                
paying.                                                                        
                                                                               
REPRESENTATIVE ROKEBERG said the amendment is offered on the behalf            
of a custodial parent to overcome, what she believes, is the threat            
of harassment.  He said he is trying to use the law as protection              
for people, but he noted he doesn't want to do anything with                   
unforseen consequences.                                                        
                                                                               
TAPE 98-71 , SIDE B                                                            
Number 0001                                                                    
                                                                               
REPRESENTATIVE CROFT said the section that is being modified, AS               
25.21.010, adds new language in (b).  He stated that (a) sets the              
general standard and (a) says, "an award of custody of a child, the            
visitation of a child, may be modified if the court determines that            
a change in circumstance requires a modification and the                       
modification is in the best interest of the child."  He said that              
puts it in permissive language, but it is basically the same as                
saying it cannot be modified unless you find these two things, a               
change in circumstance that is significant enough to modify it, and            
the best interest.  Representative Croft said, "Given that the best            
interest is the touch-tone of both of these, I'm not sure what it              
adds.  And I think it limits the way we were talking about.  And               
I've been thinking more about this, 'unless the other parent                   
consents.'  In the classic two-parent divorce situation, that might            
be an effective back door way to cure it.  Say, "Well if you're                
going to reduce their visitation because they've been in arrears -             
they haven't paid, then I'm okay with that and I'll sign as the                
other parent."  He noted that there are other situations as custody            
could be given to someone else besides the other parent.  The                  
amendment says the other parent consents in writing.  He said the              
custodian consents, whoever it is.                                             
                                                                               
Number 0075                                                                    
                                                                               
REPRESENTATIVE JAMES said her concern with the issue is that in the            
first part of the section, which is existing law, it seems to say              
in the first four lines that the court can consider whether or not             
the noncustodial parent is paying child support when they're                   
determining what the visitation rights, et cetera, are.  She said              
it seems to her that it shouldn't be automatic to deny a parent                
visitation rights for not paying child support because we don't                
know the circumstances of why they have not paid.  She said it                 
shouldn't be assumed that they're a deadbeat parent as there could             
be other reasons.  Representative James stated, "The conflicting or            
confusing part of it is that unless the other parent consents in               
writing to the modification of the court, that seems to be out of              
place in this issue.  But unless the failure to grant modification             
be detrimental to the best interest of the child, I think, makes               
a lot of sense."                                                               
                                                                               
CHAIRMAN GREEN said, "Well my problem, though, is if you've said               
you may not modify this order, even if the arrears change go up,               
they're further behind unless you get the parent to say yes or it's            
in the best interest of the child.  How could that be in the best              
interest of the child if the arrearage gets bigger?"                           
                                                                               
Number 0153                                                                    
                                                                               
REPRESENTATIVE ROKEBERG pointed out that there may be circumstances            
beyond the control of the noncustodial parent who was paying the               
support that couldn't pay.  He said one of the impacts with the way            
the amendment is drafted is it did cut both ways because it's after            
a final support order is (indisc.), therefore, the ground rules                
would be known.  If there is a request for change of visitation                
custody, the fact that there was an arrearage wouldn't come into               
play.                                                                          
                                                                               
CHAIRMAN GREEN said if a father quits working, but still wants                 
visitation, the court couldn't change that even if he doesn't pay              
anything.                                                                      
                                                                               
REPRESENTATIVE BERKOWITZ said generally, when you take away the                
discretion of the court and allow another parent to give approval,             
generally, what happens is you subject that other parent to                    
extraneous pressures which might not necessarily be in the best                
interest of protecting the process.  When you require the other                
parent to consent to modification, you might be undermining the                
court's authority and the ability to do what's best for the child.             
                                                                               
Number 0217                                                                    
                                                                               
REPRESENTATIVE ROKEBERG withdrew the amendment as he still has some            
concerns with it.  Representative Rokeberg then moved that                     
Amendment 4, E.4, be adopted.                                                  
                                                                               
CHAIRMAN GREEN objected for the purpose of discussion.                         
                                                                               
REPRESENTATIVE ROKEBERG stated that it came to his attention that              
there was a lack of communication, or there were some obstacles to             
communicating, between two different departments of our government.            
Because of a relatively recent change to our statute regarding                 
vital statistics, the vital statistic about the act of marriage,               
the marriage certificate, itself, is sealed for 50 years.                      
Apparently the application and registry is available at our vital              
statistics information service.  You cannot get somebody else's                
marriage certificate.  He stated, "It came to my attention was a               
situation where spousal support or alimony is being paid by the                
individual under a court order that indicated it would cease at the            
time that his ex-wife got remarried.  Well this occurred in this               
fact pattern and the individual stopped paying the spousal support,            
but then after a month or so was being done by child support                   
enforcement for failure to pay the support when, in fact, his                  
formar spouse had gotten married.  Then there on added interest to             
another month and it became a real Mexican hat dance has happened,             
when, in fact, this person is running around trying to get a copy              
of the marriage certificate -- perhaps didn't get the right                    
information from vital statistics where he could have gotten a                 
record of the registry apparently.  But nevertheless, then asked               
the department to do it and they said they couldn't do it, didn't              
have authority, it's against the law from a statute."  He stated               
that in the circumstance that he is aware of, the ex-husband went              
to the new husband after a period of two or three months and he was            
kind enough to give him a copy of the marriage certificate.  He                
said the department was wasting time and money collecting money                
that wasn't due.  There is one group not talking to another group.             
He said Amendment 4 takes care of that situation and will,                     
hopefully, help out the department and the level of communication              
between the various departments to make sure they're meeting their             
responsibility.                                                                
                                                                               
REPRESENTATIVE PORTER said he supports the amendment.                          
                                                                               
Number 0384                                                                    
                                                                               
CHAIRMAN GREEN withdrew his objection to the adoption of Amendment             
4.  He asked if there was further objection.  There being no                   
further objection, Amendment 4 was adopted.                                    
                                                                               
REPRESENTATIVE BUNDE made a motion to move HB 344, as amended, out             
of committee with the attached fiscal notes and with individual                
recommendations.                                                               
                                                                               
Number 0398                                                                    
                                                                               
REPRESENTATIVE JAMES objected.                                                 
                                                                               
REPRESENTATIVE BERKOWITZ noted his concern about the social                    
security language and urged that the next committee narrow the                 
language regarding social security numbers.  He said he would like             
to see a more substantial amount of thought go into it.                        
                                                                               
A roll call vote was taken.  Representatives Bunde, Berkowitz,                 
Croft, Porter, Rokeberg and Green voted in favor of moving the                 
bill.  Representative James voted against moving the bill.                     
                                                                               
CHAIRMAN GREEN announced CSHB 344(JUD) moved out of the House                  
Judiciary Standing Committee.                                                  
                                                                               

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