Legislature(1993 - 1994)
03/21/1994 01:45 PM Senate HES
Audio | Topic |
---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
VICE-CHAIR SHARP introduced HB 128 (EARLY ACKNOWLEDGEMENT OF PATERNITY) as the next order of business. RENEE CHATMAN, Staff to Representative Bettye Davis, read the sponsor statement. She stated that non-support of children is a national epidemic which HB 128 addressed by requiring the state registrar to prepare a paternity acknowledgment form. She explained that a paternity acknowledgment form would allow a child to acquire access to support from the father's Social Security, worker's compensation, inheritance, health insurance, etc. She noted that HB 128 would allow the father legal access to his child, even if he was not married to the mother. In conclusion, she stated that HB 128 would guarantee that Alaskan children receive support from both parents. SENATOR LEMAN asked if other states have requirements similar to Alaska regarding establishment of paternity. He expressed concern with the portion of the sponsor statement requiring "full faith and credit to a determination of paternity by another state, regardless of the method in which paternity was established." REPRESENTATIVE BETTYE DAVIS, Prime Sponsor, explained that currently the federal government mandates that other states' determination of paternity be recognized. Other states do have comparable procedures to establish paternity. She informed the committee that HB 128 began as a paternity bill which was already being done voluntarily, but not as mandated. The other mandates were added to HB 128 in order to be in compliance with federal regulations. SENATOR SALO asked what would be voluntary and what would be required, especially regarding the mother. REPRESENTATIVE BETTYE DAVIS stated that everything in HB 128 was a mandate. She clarified that the individual cannot be forced to sign the form, but it is mandatory that the form be offered. She noted that the fiscal note would be increased and that increase would be picked up by the Division of Child Support in the federal government. She thought that an amendment would be offered for the fiscal note to increase by $30,000. Number 399 JOHN MALLONEE, Deputy Director of Child Enforcement Support Division of the Department of Revenue, supported HB 128. The bill would bring Alaska into compliance with federal regulations which continue federal financial participation. He noted that Alaska has had a voluntary paternity acknowledgment program for quite a while. HB 128 would only put the practice into law; however, HB 128 would not force anyone to voluntarily acknowledge paternity. He discussed other states' success with the program; the program is worthwhile. SENATOR ELLIS said that he supported HB 128. SENATOR LEMAN asked what would happen in a situation with a married woman having a child fathered by a man other than her husband. JOHN MALLONEE acknowledged that such a situation would create various problems. He explained that if a married woman has a child, the child would be assumed to be fathered by her husband. Such cases have occurred and the true paternity was established later by blood test. He informed the committee that the courts have ruled differently at various times; therefore, a legal dilemma with much court time is created. SENATOR LEMAN clarified that such a dilemma would be created with or without HB 128. He asked if HB 128 would add to that dilemma. REPRESENTATIVE BETTYE DAVIS asserted that HB 128 does not address or add to that legal dilemma. JOHN MALLONEE noted that the federal government has not issued final directives on many of the issues in HB 128. AL ZANGRI clarified that under current state law the husband must be put on the birth certificate and is considered the father under law. In order to change the father on the birth certificate, one must go to court. He informed the committee that the Bureau of Vital Statistics and DHSS are working on a new model law that the federal government introduced last year. This law would allow for three party affidavits for paternity. He believed that this law reflects reality. Mr. Zangri explained that he had a temporary position that over the past six months was converted to full-time, processing affidavits of paternity, due to the increased volume. That position would end at the month's end, which would leave them unable to support this paternity program. He said that they were going to add a Range 8 to the fiscal note; approximately $30,000. He agreed with Representative Davis that the Department of Revenue would RSA over to the DHSS which would essentially be an increase in their federal authorization. Currently, the position must be placed in the fiscal note. SENATOR SHARP inquired as to when that fiscal note would be coming. AL ZANGRI said that it would be forthcoming in the next few days. SENATOR ELLIS moved HB 128 out of committee with individual recommendations. Hearing no objections, it was so ordered.
Document Name | Date/Time | Subjects |
---|