Legislature(1993 - 1994)
03/21/1994 09:13 AM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CHAIRMAN LEMAN brings up (SB 302 UNIFORM INTERSTATE FAMILY SUPPORT ACT) as the next order of business before the committee. The chairman calls Mr. Mallonee to testify. Number 395 JOHN MALLONEE, Deputy Director, Child Support Enforcement Division (CSED), Department of Revenue states SB 302 addresses one of the most complex and difficult areas of child support establishment and enforcement, since we have to deal with multiple states, that have varying laws and procedures within their own child support enforcement and establishment. This bill will clarify the procedures used among the states when this legislation has been passed by all the states. Currently, these laws are not federally mandated, however, there are bills in congress which may mandate this legislation in the future. This legislation has been passed in eight states, and is pending in twenty-five additional states. Number 405 CHAIRMAN LEMAN states that would bring the total number of states with this legislation to 33, assuming all twenty-five states in which legislation is pending, passed that legislation. The chairman asks if there are questions from committee members. The chairman comments uniform acts tend to be quite long pieces of legislation, and he has not had time to review SB 302 in detail. The chairman notes SB 302 is supported by the U.S Commission on Interstate Child Support, the American Bar Association, and the state Child Support Enforcement Division. Number 418 CHAIRMAN LEMAN notes that the analysis for fiscal note #2 states the "U.S. Commission on Interstate Child Support recommends verbatim enactment of this legislation, under penalty of losing federal funding." The chairman says he does not want to tinker just for the sake of tinkering, and asks if it is Mr. Mallonee's opinion that even changing something small would put the state in jeopardy of losing federal funds. MR. MALLONEE does not think minor changes would create problems for the state or problems with the other states. The problem with changes to a uniform bill, however, is that it needs to be as uniform as possible throughout the states. Minor changes should not be a problem, but no substantive changes should be made. CHAIRMAN LEMAN asks if there have been any other hearings in the legislature on SB 302. MR. MALLONEE responds this hearing is the first. Number 438 SENATOR TAYLOR states he is concerned with the 1.5 million projected operating costs. CHAIRMAN LEMAN replies 1.5 million is a revenue fund source, not an operating cost. Number 443 MR. MALLONEE says SB 302 will not so much simplify the procedure of interstate child support, as it will clarify who has responsibility for certain aspects of the procedure. This bill has several requirements which will increase the work of CSED. One, is that certain notices will have to be given within 48 hours. Another is that there will be more persons utilizing the child support enforcement system when this legislation is enacted. Those things will increase the caseload to some extent. CSED's caseload consists of approximately 30% to 35% interstate cases. Mr. Mallonee believes this percentage will increase as procedures are simplified. Number 464 SENATOR TAYLOR asks where the funding is coming from for the revenue fund source on fiscal note #2 LARAINE DERR, Deputy Commissioner, Department of Revenue clarifies Senator Taylor is looking at an old fiscal note. The current fiscal note was signed 3/10/94. CHAIRMAN LEMAN says he is looking at the fiscal note dated 1/31/94. MS. DERR states the original fiscal note was revised to show CSED's best guess as to increased caseload. Number 490 CHAIRMAN LEMAN says CSED expects an increased caseload, but that in all cases, revenues coming in will exceed expenditure. The money coming in will exceed money spent by the state on such things as welfare. MS. DERR says half the money brought into the state is reimbursed to the federal government. MR. MALLONEE states those would be interstate collections of AFDC (Aid to Families with Dependant Children) disbursements. Number 499 CHAIRMAN LEMAN asks if CSED has any comparisons between URESA (Uniform Reciprocal Enforcement Support Act) and UIFSA (Uniform Interstate Family Support Act). MR. MALLONEE replies he does not have anything at hand, but can put something together. Number 512 CHAIRMAN LEMAN says he would like to get a little more familiar with SB 302. The committee could bring the bill back up Wednesday morning, if the committee can get some information by Tuesday afternoon. Number 516 SENATOR TAYLOR asks where the provisions are in SB 302 concerning visitation. MR. MALLONEE responds there are no provisions in SB 302 which specifically address visitation. Number 520 SENATOR TAYLOR says there were provisions addressing visitation in URESA. MR. MALLONEE replies SB 302 deals strictly with enforcement of child support and establishment of paternity. SENATOR TAYLOR asks if the administration is going to address the issue of visitation, or is the administration only concerned with the amount of money non-custodial parents are expected to pay. MR. MALLONEE says he does not have the answer to that question. He does realize that visitation has become a key word for many people, and he understands the concern with visitation. However, visitation is not for CSED to determine. The courts determine visitation. Number 534 CHAIRMAN LEMAN says the question that needs to be answered is, if URESA is repealed, and UIFSA does not address visitation, how will the issue of visitation be affected? The chairman asks Ms. Derr and Mr. Mallonee to look at that issue and be prepared to address it on Wednesday. The chairman asks if anyone else wishes to testify. Hearing none, he announces the committee will hear the bill again on Wednesday, March 23, 1994.
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