Legislature(2015 - 2016)CAPITOL 106
03/10/2015 08:00 AM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s): Department of Military & Veterans' Affairs | |
| Confirmation Hearing(s): Alaska State Commission for Human Rights | |
| HB106 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 106 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 10, 2015
8:03 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Wes Keller, Vice Chair
Representative David Talerico
Representative Liz Vazquez
Representative Louise Stutes
Representative Max Gruenberg
Representative Jonathan Kreiss-Tomkins
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Department of Military & Veterans' Affairs
Laurie Hummel - Anchorage, Alaska
- CONFIRMATION(S) ADVANCED
Alaska State Commission For Human Rights
Lester Lunceford - Anchorage, Alaska
- CONFIRMATION(S) ADVANCED
HOUSE BILL NO. 106
"An Act relating to the Uniform Interstate Family Support Act,
including jurisdiction by tribunals of the state, registration
and proceedings related to support orders from other state
tribunals, foreign support orders, foreign tribunals, and
certain persons residing in foreign countries; relating to
determination of parentage of a child; and providing for an
effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 106
SHORT TITLE: UNIFORM INTER.CHILD SUPPORT; PARENTAGE
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/11/15 (H) READ THE FIRST TIME - REFERRALS
02/11/15 (H) STA, JUD
02/19/15 (H) STA AT 8:00 AM CAPITOL 106
02/19/15 (H) Heard & Held
02/19/15 (H) MINUTE(STA)
03/03/15 (H) STA AT 8:00 AM CAPITOL 106
03/03/15 (H) Heard & Held
03/03/15 (H) MINUTE(STA)
03/05/15 (H) STA AT 8:00 AM CAPITOL 106
03/05/15 (H) -- MEETING CANCELED --
03/10/15 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
LAURIE HUMMEL, Adjutant General
Commissioner Designee
Department of Military & Veterans' Affairs (DMVA)
Anchorage, Alaska
POSITION STATEMENT: Testified as commissioner designee of the
Department of Military & Veterans' Affairs (DMVA).
ROBERT DOEHL, Deputy Commissioner
Department of Military & Veterans' Affairs (DMVA)
Anchorage, Alaska
POSITION STATEMENT: Testified during the confirmation hearing
for Adjutant General Laurie Hummel as commissioner designee of
the Department of Military & Veterans' Affairs (DMVA).
LESTER LUNCEFORD, Appointee
Alaska State Commission for Human Rights (ASCHR)
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee for the Alaska State
Commission for Human Rights (ASCHR).
CAROL BEECHER, Director
Anchorage Central Office
Child Support Services Division (CSSD)
Department of Revenue (DOR)
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
106.
YVETTE RIDDICK, Director
Division of Policy and Training
Office of Child Support Enforcement
Administration for Children and Families
U.S. Department of Health and Human Services
City and State
POSITION STATEMENT: Testified and answered questions during the
hearing on HB 106.
LINDSAY BEAVER, Legislative Council
Uniform Law Commission
No address provided
POSITION STATEMENT: Testified in support of HB 106 and answered
questions.
BATTLE ROBINSON
Uniform Law Commission
Dover, Delaware
POSITION STATEMENT: Testified during the hearing on HB 106.
ACTION NARRATIVE
8:03:43 AM
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 8:03 a.m. Representatives Keller, Stutes,
Talerico, Vazquez, and Lynn were present at the call to order.
Representatives Gruenberg and Kreiss-Tomkins arrived as the
meeting was in progress.
^CONFIRMATION HEARING(S): DEPARTMENT OF MILITARY & VETERANS'
AFFAIRS
CONFIRMATION HEARING(S):
DEPARTMENT OF MILITARY & VETERANS' AFFAIRS
8:04:04 AM
CHAIR LYNN announced the first order of business was the
confirmation hearing for Adjutant General Lauren J. Hummel,
Commissioner Appointee, Department of Military & Veterans'
Affairs.
CHAIR LYNN related his support for the military and listed the
members of his family, including himself, who had served.
8:06:11 AM
LAURIE HUMMEL, Adjutant General/Commissioner Appointee,
Department of Military & Veterans' Affairs (DMVA), talked about
her desire to join the military at the age of seven and her
military father's guidance in that regard. She said her father
was a model of selfless service, who served as a helicopter
mechanic from 1948 to 1972, with four combat tours. She cited
challenging work and good leadership as her reasons for serving
for 30 years, and she said she retired in June 2012.
8:09:26 AM
ADJUTANT GENERAL HUMMEL said in 1998, she was given the
opportunity to command a battalion within the field of
intelligence or to be a tenured professor at The Military
Academy, and she chose the latter. She studied at the
University of Colorado for her doctorate, and wrote her thesis
on the impact of military investment in Alaska during the Cold
War. She said she served the latter part of her term in active
duty at West Point, and she deployed a number of times. In
2012, she retired. A couple years later, the governor of Alaska
asked her to serve as the commissioner of the DMVA and adjutant
general [of the Alaska National Guard], which necessitated her
husband leaving the ranks of the Alaska Army Guard to serve
elsewhere.
ADJUTANT GENERAL HUMMEL named people who inspired and influenced
her as leaders: Chancellor Tom Case, in Alaska; Phil Oats,
former adjutant general in Alaska; and Debbie Beckworth (ph),
who taught her about talent management. She said she hopes to
create an organizational culture of moral, legal, and ethical
correctness, deliberate and predictable decisions, mutual
respect, and fun. She stated that she never expected to be in
this position and found herself both excited and humbled.
8:15:46 AM
ADJUTANT GENERAL HUMMEL, in response to a question from Chair
Lynn, said her last job in the U.S. Army was as senior advisor
for the National Military Academy of Afghanistan. She performed
her last administrative duties at West Point, New York, where
she was released from active duty service. She talked about
being a sergeant's daughter. In response to a question, she
said she was not the first adjutant general to come out of
active duty retirement. She talked about being a brigadier
general in the Alaska National Guard and waiting for federal
recognition. She explained that the governor has the authority
to appoint her to a rank that is one rank higher than her
federal recognition.
8:18:57 AM
ADJUTANT GENERAL HUMMEL, in response to a question from Chair
Lynn, clarified that her husband was not retired from the
military but was a colonel in the Alaska Army National Guard.
She offered further details regarding his move from Alaska to
work in National Guard Bureau headquarters in Washington, D.C.,
and explained that in order to comply with Alaska's nepotism
statutes, his position was outside the chain of command of the
Department of Military & Veterans' Affairs (DMVA).
8:21:39 AM
ADJUTANT GENERAL HUMMEL, in response to Chair Lynn, defined
"command presence" as a personal asset where people believe in
your abilities, they believe in your principles, and they want
to follow you. She said it was a combination of tangible and
intangible qualities, including intelligence that is "more than
book smarts," emotional intelligence, and selflessness. She
said she believed Governor Bill Walker had command presence.
She said part of command presence was learned, but some was
innate. She named Brigadier General Jack Grubs as a good
example of someone with command presence. In response to Chair
Lynn, she said she hoped she had command presence. She talked
about the number of selfless people in DMVA who had the
organization's best interest at heart.
8:24:39 AM
ADJUTANT GENERAL HUMMEL, in response to Chair Lynn, defined
"esprit de corps" as the motivation that comes from realizing
that the sum total of the body is more than just the additive
sum of the individuals in it. She related an anecdote. She
answered further questions from Chair Lynn, and relayed more of
her background experiences.
8:29:11 AM
ADJUTANT GENERAL HUMMEL, in response to Chair Lynn, said working
with people in the Alaska National Guard was different because
some were weekend soldiers, some were federal general service
employees during the week and "M-day" soldiers on the weekends,
and some were in the active guard reserves. Each had different
rights and responsibilities. She explained the difference
between military command and military staff.
8:32:24 AM
ADJUTANT GENERAL HUMMEL, in response to Chair Lynn, relayed that
the largest group she had commanded was a company comprising 190
personnel. She described how she had declined an offer to
command a squadron because she determined it would have
benefitted her, but would not have been the best choice to make
for the good of the U.S. Army. She said the population of the
Alaska Air National Guard was roughly 2,100, and the Alaska Army
National Guard was between 1,950 and 2,000 - about 4,000 all-
together.
CHAIR LYNN asked how many alleged victims and perpetrators there
were in the Alaska National Guard scandal, and what percentage
that was of the total.
ADJUTANT GENERAL HUMMEL estimated that over the last 6 years
there had been approximately 16 cases of sexual assault, in
which the perpetrators were a guardsmen, and about 35-40 cases
of sexual assault, in which the perpetrators were outside the
forces.
CHAIR LYNN indicated that that was a small percentage of the
total number of people in that branch of the service.
8:35:35 AM
ADJUTANT GENERAL HUMMEL, in response to a question, said she
first heard about the assaults through the Alaska Dispatch News.
She said her husband served as one of the investigative officers
which was the reason the issue was not discussed at home. She
said she followed the reports, including the summary of a report
by the Office of Complex Investigations (OCI) when it was made
available on line.
CHAIR LYNN noted that Adjutant General Hummel was a member of
the National Coalition for Homeless Veterans, and asked her how
active she was in the coalition.
ADJUTANT GENERAL HUMMEL said she was not very active. She said
she was cognizant of the need to be careful in her choice of
organizations in which to be involved.
ADJUTANT GENERAL HUMMEL, in response to another question, said
she qualified for Disabled American Veterans (DAV) because of a
service-related disability.
8:38:21 AM
CHAIR LYNN said everyone in the military was subject to the
Uniform Code of Military Justice (UCMJ). He asked what some of
the differences were between the prohibitions on personal
conduct for active duty personnel and "the rest of us in this
room."
ADJUTANT GENERAL HUMMEL explained that she could not answer
because she was not an attorney at law, but deferred to Robert
Doehl.
8:39:35 AM
ADJUTANT GENERAL HUMMEL, in response to Chair Lynn, reiterated
that she found out through public means about the indiscretions
that occurred in the Alaska National Guard; she did not hear
about it from her husband.
CHAIR LYNN asked Adjutant General Hummel if she had ever
violated any of the UCMJ.
ADJUTANT GENERAL HUMMEL answered no.
8:40:13 AM
[Due to technical difficulties, brief portions of the remaining
confirmation hearing for Adjutant General Hummel were not
recorded, but were reconstructed from the committee secretary's
log notes.]
REPRESENTATIVE VAZQUEZ asked for information about Adjutant
General Hummel's husband.
ADJUTANT GENERAL HUMMEL responded that her husband had joined
the [Alaska] National Guard in late 2001; he had left active
duty service in September 2001. He relinquished his brigade
command on February 5, after serving in that position for two
years. In response to Representative Vazquez, she said she was
certain her husband had knowledge of the issues going on within
the Alaska National Guard, but said he did not discuss those
issues with her. She said there were still pending
investigations within the guard: a couple 15-6 investigations
and the completion of an investigation by Judge Collins. She
indicated that the federal investigations of personnel were
complete, thus the only investigations still ongoing were
internal, with the possible exception of some financial audits.
8:43:18 AM
REPRESENTATIVE GRUENBERG stated his understanding that several
legislators, including himself, wanted to bring state statutes
up to date, and the administration was working on that as well.
He asked for information regarding that effort.
ADJUTANT GENERAL HUMMEL said she had appointed a full-time judge
advocate general officer to serve as a legislative liaison to
assist in the efforts begun to revise state statutes for the
purpose of creating a workable state [code of military justice],
as well as a workable regulation or statute that would enable
non-judicial punishment. She said the judge advocate would work
with the legislature to create a statute that the National Guard
needed in order to create the disciplinary codes necessary "to
keep our culture where it needs to be and to deliver
disciplinary action where needed." She said the effort was in
its early stages. She said she was due to receive an update
later in the week to determine how much more work needed to be
done. She said the issue was complex, and she emphasized the
need for a "water-tight statute" that would "stand the tests
that will come."
REPRESENTATIVE GRUENBERG asked if Adjutant General Hummel was
looking to the legislature to draft legislation rather than
coming to the legislature with a proposal.
ADJUTANT GENERAL HUMMEL stated her hope was for the Alaska
National Guard and the Alaska State Legislature to work
together. She acknowledged that the legislature had begun work
on the issue. She opined that the department should have become
involved sooner, but said it was currently working in
partnership with the legislature. She emphasized her desire for
constant communication. In response to a question, she said she
did not think legislation would be completed during the current
legislative session.
REPRESENTATIVE GRUENBERG asked what effort Adjutant General
Hummel was making to coordinate with other states on the issue.
ADJUTANT GENERAL HUMMEL answered that she had copies of other
states' codes and would use them where applicable; however, she
said Alaska was different in a number of ways. For example, she
said the model code in Pennsylvania, which had 14,000 members in
the National Guard and the capacity to set up a court with
judges and jury, would not work in Alaska, because Alaska was
too small. She said she had access to the chief council of the
National Guard Bureau and was in close consultation with other
states, as well.
8:48:50 AM
CHAIR LYNN noted that he, Representative Gruenberg, and
Representative Keller also served on the House Judiciary
Standing Committee (HJUD).
REPRESENTATIVE GRUENBERG noted that some HSTA Committee members
also served on the House Special Committee on Military and
Veterans' Affairs.
8:49:14 AM
REPRESENTATIVE STUTES asked when Adjutant General Hummel began
working at Joint Base Elmendorf Richardson (JBER).
ADJUTANT GENERAL HUMMEL said she started working at JBER on
February 5, 2015. In response to a follow-up question, she said
prior to that she was retired.
REPRESENTATIVE STUTES thanked Adjutant General Hummel for her
service.
8:49:50 AM
REPRESENTATIVE GRUENBERG said it sounded like some of the
investigations were completed, while others were not. He asked
Adjutant General Hummel to elaborate.
ADJUTANT GENERAL HUMMEL said the issues uncovered by the OCI had
been adjudicated, and she recollected that she signed the last
of the cases a week ago. She indicated that those adjudications
had resulted in various punishments and administrative
discharges. She said there were a couple cases ongoing, which
may or may not have been open during the time the OCI was
involved and may not have been within the scope of the OCI. She
offered her understanding that "these cases do not have
miscreants who were guard members." She explained, "In other
words, there were some cases, perhaps, of sexual assault that
were included in the purview of the OCI that were perpetrated by
members outside the Guard, and so are outside the purview of the
Guard, as far as the perpetrator; but the care of the victim is
still inside of our organization."
REPRESENTATIVE GRUENBERG offered his understanding that there
may have been some other types of potential violations that the
National Guard's investigations had uncovered. He asked what
they may have been and what the status of them was.
ADJUTANT GENERAL HUMMEL said other infractions, such as fraud
and embezzlement, were discovered and published by the OCI, and
she offered her understanding that the folks who committed those
violations were not in the Alaska National Guard. She said
there were a couple personnel actions still pending, which she
could not discuss.
8:53:59 AM
ROBERT DOEHL, Deputy Commissioner, Department of Military &
Veterans' Affairs, stated that a key difference between active
military personnel and non-military personnel was that the
former was expected to "step in harm's way" when necessary,
while the latter was not. He said, "You need to have a
disciplinary system that you can order them to do that."
Further, he stated that other than in law enforcement, there was
no other occupation outside of the military where a person could
be ordered to take another person's life. He emphasized the
importance of maintaining "good order and discipline" to do
that. He said a person could quit his/her civilian job, but a
person could not desert from the military. He talked about
upholding the core values of the United States when wearing a
military uniform. He said, "I could not make disparaging
comments about anyone based on their ethnicity or otherwise, and
that, again, is an example of where we need a Code of Military
Justice to address those matters."
CHAIR LYNN commented on the complicated nature of the rules that
may apply to someone who was a civilian in the National Guard.
DEPUTY COMMISSIONER DOEHL offered an example, and indicated that
in the Alaska National Guard, the core values of the military
had to be maintained in a civilian setting. He opined that that
was far more difficult, which was why it was important not to
rush toward a military code, but to "get it right the first
time."
ADJUTANT GENERAL HUMMEL commented on the good leadership under
her command, and she expressed enthusiasm for the work that was
being done.
8:57:27 AM
REPRESENTATIVE VAZQUEZ asked Deputy Commissioner Doehl to
confirm whether all the investigations by the OCI had been
completed.
DEPUTY COMMISSIONER DOEHL answered that the OCI's action in
Alaska were completed. The OCI had found there was no basis for
criminal sanctions, but identified the need for ongoing audits
to address fiscal issues and ensure proper accountability for
"state [and] federal funds." In response to a follow-up
question, he confirmed that the OCI was a federal entity, and
its investigations were separate from those of the
aforementioned Judge Collins. The OCI was created by policy as
part of the National Guard Bureau, which operated under Title 10
of the United States Code, using federal funds, and providing a
tool for the governor of Alaska to use to call for an
investigation if there was an issue over whether or not the
Alaska National Guard was maintaining discipline and order.
Judge Collins' investigation, he said, was being done under a
state statute authorizing the appointment of a special
investigator by the Office of the Attorney General, using state
resources "to evaluate solely based upon state statutes for
compliance thereof in state regulations." In response to a
follow-up question, he offered his understanding that Judge
Collins' report would be ready in April of 2015, and 30 days
later a report would be made available to the public.
8:59:41 AM
ADJUTANT GENERAL HUMMEL, in response to Representative Vazquez,
explained that some people do not come forward for fear of
retaliation or recrimination. She discussed creating an
environment of mutual respect in order to encourage people to
come forward. She said there were many ways that people could
report activity that did not look right. She emphasized the
need to ensure a consistent, written process for such things as
recruiting and retention.
9:01:58 AM
REPRESENTATIVE GRUENBERG indicated that more so than at the
federal level, the relationship between civilian and military
employees made the commissioner's job complex in terms of
accountability. He said he thought part of the problem emanated
from "the lack of real civilian oversight and knowledge about
what was going on before." He asked Adjutant General Hummel
what steps she had taken to ensure "real" civilian control.
ADJUTANT GENERAL HUMMEL replied that most important was that the
governor, as commander in chief, received the reports he/she
wanted. Further, she reiterated the importance of emanating
openness and trust across the command. She stated her belief
that any Alaskan who had questions of the command should be able
to ask those questions and have them answered. She expressed
willingness to continue the conversation on the topic.
REPRESENTATIVE GRUENBERG stated that he needed more answers.
CHAIR LYNN thanked Adjutant General Hummel for her presentation.
9:05:08 AM
REPRESENTATIVE KELLER moved to advance the confirmation of
Adjutant General Laurie Hummel, Commissioner Designee,
Department of Military and Veterans' Affairs, to the joint
session for consideration [and signing the report regarding
appointments to boards and commissions in no way reflects
individual members' approval or disapproval of the appointees,
and that the nominations are merely forwarded to the full
legislature for confirmation or rejection]. There being no
objection, the confirmation was advanced.
^CONFIRMATION HEARING(S): ALASKA STATE COMMISSION FOR HUMAN
RIGHTS
CONFIRMATION HEARING(S): ALASKA STATE COMMISSION FOR HUMAN
RIGHTS
9:05:36 AM
CHAIR LYNN announced the next order of business was the
confirmation hearing for Lester Lunceford as appointee for the
Alaska State Commission for Human Rights.
9:06:01 AM
LESTER LUNCEFORD, Appointee, Alaska State Commission for Human
Rights (ASCHR), relayed that he had served on the commission for
the last 12 years; he was first appointed by Governor Frank
Murkowski. He said he was a retired police officer, and he
stated that the appointment to the commission was the right fit
in order to continue serving the public.
9:07:05 AM
REPRESENTATIVE GRUENBERG expressed concern about backlog on the
commission. He remarked that Mr. Lunceford had served on the
commission for a long time, thus, he asked how the backlog
compared currently and formerly.
MR. LUNCEFORD replied that the backlog seemed to be consistent
over the years. He said there was a limited staff that
addressed tens of thousands of complaints a year; those
complaints were screened; a percentage of them turned out to be
based on legitimate discrimination; and only half a dozen
investigators dealt with hundreds of complaints. Further, he
said the legislative process stretched out the time it took. He
said the Office of Administrative Hearings had input on some of
the cases. He said some hearings take months. Mr. Lunceford
said that while the commission was concerned about the time,
under its current process there was not much it could do about
it. He said sometimes a complainant or a violator would ask for
additional time to look into other aspects of a case.
9:10:41 AM
CHAIR LYNN asked how many commissioners served on the Alaska
State Commissioner on Human Rights.
MR. LUNCEFORD answered seven. He added that there were always
three assigned to each case. He said sometimes the commission
would receive boxes of information on a case, often including
audio tapes and other legal documents, which it had to sort
through in order to prepare for the case. He said there was a
mediation process. He shared his own experiences when he began
serving on the commission. He observed that the commission
seemed to be more efficient in settling cases before having to
go to hearing.
9:13:04 AM
MR. LUNCEFORD, in response to a question from Chair Lynn,
described the typical process. First, the case was presented to
the commission, and the commissioners could have a
representative from the Office of the Attorney General present
to ensure the commissioners spoke on behalf of the state and in
a manner that was right for the case. He said cases were
presented to the commission fully investigated, with the
investigator's findings on the case, and it was up to the three
commissioners assigned to the case to either agree with those
findings or ask the investigator to interview another person or
continue the investigation in some manner. However, if the
three members of the commission agreed with the investigator's
findings, then they ruled as a body, and the case was "pretty
much final at that time." The plaintiff or violator would then
have the option of appealing the case to a court. He said on
several occasions that had happened. If the court ruled in
favor of the findings of the commission, then that ruling was
final. However, the court could require the commission to
further investigate or hold additional interviews. He stated
more often than not, in cases appealed to court level, the
court's decision was that that commission "acted in good faith
and ... found justly."
9:15:58 AM
REPRESENTATIVE KELLER moved to advance the confirmation of
Lester Lunceford, Appointee, Alaska State Commission For Human
Rights, to the joint session for consideration.
REPRESENTATIVE GRUENBERG objected to ask questions. He
explained he wanted to know more about the issue of backlog
related to Mr. Lunceford's time with the commission.
MR. LUNCEFORD responded that he did not have that information,
which was usually compiled by the executive director of the
commission. He said over the years, that number fluctuated
between 6 and 12 percent.
REPRESENTATIVE GRUENBERG said he would have to pursue the answer
elsewhere. He remarked on the length of time it had taken the
commission to address complaints in the past, and he questioned
whether that was still the case and what was being done about
it.
9:18:20 AM
REPRESENTATIVE KELLER expressed appreciation for Mr. Lunceford's
service. He expressed a desire to have Mr. Lunceford return
before the committee some time to answer questions about the
function and status of the commission, and he asked if Mr.
Lunceford would be willing to do that.
MR. LUNCEFORD responded yes.
9:19:37 AM
REPRESENTATIVE GRUENBERG removed his objection to the motion to
advance the confirmation of Lester Lunceford, Appointee, Alaska
State Commission For Human Rights, to the joint session for
consideration [and signing the report regarding appointments to
boards and commissions in no way reflects individual members'
approval or disapproval of the appointees, and that the
nominations are merely forwarded to the full legislature for
confirmation or rejection]. There being no further objection,
the confirmation was advanced.
9:19:55 AM
The committee took an at-ease from 9:20 a.m. to 9:23 a.m.
HB 106-UNIFORM INTER.CHILD SUPPORT; PARENTAGE
9:22:46 AM
CHAIR LYNN announced that the final order of business was HOUSE
BILL NO. 106, "An Act relating to the Uniform Interstate Family
Support Act, including jurisdiction by tribunals of the state,
registration and proceedings related to support orders from
other state tribunals, foreign support orders, foreign
tribunals, and certain persons residing in foreign countries;
relating to determination of parentage of a child; and providing
for an effective date."
9:23:21 AM
CAROL BEECHER, Director, Anchorage Central Office, Child Support
Services Division (CSSD), Department of Revenue (DOR), noted
that, in response to a request made by the committee on 3/3/15,
three individuals were available to testify: Yvette Riddick
from the Office of Child Support Enforcement; Battle Robinson, a
commissioner on the Uniform Law Commission; and Linsey Beaver,
the legislative council for the Uniform Law Commission.
9:24:36 AM
YVETTE RIDDICK, Director, Division of Policy and Training,
Office of Child Support Enforcement, Administration for Children
and Families, U.S. Department of Health and Human Services,
stated that the 2008 amendments to the Uniform Interstate Family
Support Act (UIFSA) represented a collaborative effort among the
Uniform Law Commission, federal and state child support
officials, and representatives of national child support
organizations that standardized the rules for enforcement and
modifications of family support orders - both domestic and
international. She said UIFSA 2008 built upon important 2001
amendments. She emphasized that [UIFSA 2008] would be wonderful
for all citizens of the U.S., including Alaskans.
REPRESENTATIVE KELLER told Ms. Riddick there had been questions
raised at the prior hearing as to whether the law would have to
be adopted verbatim. He offered his understanding that the
opinion of Alaska's Department of Law was that verbatim adoption
was not a requirement under federal law.
MS. RIDDICK relayed [her office] worked closely with the Uniform
Law Commission, and since its initial adoption in 1992, UIFSA
had provided Universal and Uniform Rules for family support
orders in the states. She explained it was that uniformity that
had helped make interstate case processing so much better than
it used to be prior to UIFSA 1996 and the 2001 and 2008 versions
that followed. Without uniformity - "non-verbatim" - the
process was dragged down. She cited Section 466(f) of the
Social Security Act, which read as follows [original punctuation
provided]:
(f) In order to satisfy section 454(20)(A), on and
after January 1, 1998, each State must have in effect
the Uniform Interstate Family Support Act, as approved
by the American Bar Association on February 9, 1993,
and as in effect on August 22, 1996, including any
amendments officially adopted as of such date by the
National Conference of Commissioners on Uniform State
Laws.
MS. RIDDICK said when referencing Public Law 113-183, her office
interpreted official adoption of UIFSA 2008 as verbatim. She
said the office looked at previous congressional reports and
reported to committees at the federal government level. For
example, she stated that the National Child Support Enforcement
Association provided testimony to the House Ways and Means
Committee on March 20, 2012, and on page 7 of the report
regarding how The Convention would be implemented, the opening
paragraph read that the intent for Congress was to require
states to adopt the 2008 UIFSA amendments verbatim or lose
federal funding for the state federal child support enforcement
programs. More recently, Congressional Research Services
referred to Public Law 113-183, which included provisions to
implement The Convention and other UIFSA treaty obligations, and
which required states to adopt UIFSA 2008 amendments verbatim to
ensure uniformity of procedures, requirements, and reporting
forms. She stated, "If it was not verbatim, it would not serve
the purpose that we would like for it to serve, which is to
provide a ... streamline process for both domestic and
international case processing."
9:30:58 AM
MS. RIDDICK said her office issued guidance to the states on a
regular basis. She relayed that on February 17, 2015, the
office issued Action Transmittal 1501 to all State of Alaska
child support programs. She said the office wanted to show
sensitivity to state codes and things that might be a little
different in state laws; therefore, in the action transmittal,
the office indicated that states must enact UIFSA 2008 verbatim,
by the effective date noted in Public Law 113-183, but - as with
UIFSA 1996 - states may replace bracketed language with
terminology that was appropriate under state law. For example,
she said the word "tribunal" could be replaced by the word
"court." She said states were not required to adopt the same
numbering of the Uniform statute, because the numbering system
under state code was sometimes different. Also, where a statute
referred to other laws or statutes, even if the article or
section number was not included in brackets, the state may
replace the references with the appropriate article or section
number of that state's statute. She said the federal Office of
Child Support Enforcement (OCSE) would review "minor, non-
substantive, and trivial" deviations between UIFSA 2008 and
state law, on a case-by-case basis. She said all states were
involved with passage of UIFSA 2008, and her staff was in the
process of doing reviews and providing technical assistance.
She said the OCSE had been able to "weigh local format to real
changes"; however, she said significant changes to the core
words of UIFSA 2008 legislation would have a negative impact on
interstate case processing.
9:33:33 AM
REPRESENTATIVE KELLER offered his understanding that the word
verbatim had caused problems for the committee. He mentioned
proposed amendments that would not change the meaning or focus
of the bill.
9:34:28 AM
REPRESENTATIVE GRUENBERG asked for written testimony from Ms.
Riddick, if available.
MS. RIDDICK said she was not reading from a written statement,
but could send some documents.
REPRESENTATIVE GRUENBERG emphasized the importance of Ms.
Riddick as a witness from the federal government. He brought up
federal overreach. He talked about the commissioner's decisions
regarding uniformity of law, and said it was unusual to have a
Uniform Act interpreted by another body - the federal
government. He asked who, in this case, would be deciding
uniformity.
MS. RIDDICK responded that the OCSE, as the administer of child
support at the federal level, was in partnership with local
state child support entities and programs and provided 66
percent federal funding for states to use in running their child
support programs. She said each state was required to have a
state plan, a contract between that state and the OCSE that the
state would manage its programs in compliance with federal law
and adopt procedures required by the federal government. Once a
state was in compliance, which Alaska was, the OCSE would
continue the 66 percent funding, and there was an audit process
in place. When legislation was passed, it would become a state
plan requirement if it was mandatory or "if it's actually put
in." She said the aforementioned Action Transmittal 1501
contained a requirement of an amended state plan page, which
indicated adoption of UIFSA [2008]. The page would be sent to
the OCSE, and if it was approved, then there would be no risk of
loss of federal funding. She indicated that in FY 12, the
federal government partially funded the child support program
and reimbursed the Temporary Assistance to Needy Families (TANF)
program the amount of approximately $60 million. She said,
"With UIFSA 2008, we'll be monitoring that under the umbrella of
the state plan, and ... the staff here, along with our
attorneys, right now, I think, are reviewing proposals from the
states to ensure that they're verbatim or, if they are not
verbatim, that they are within the parameters of the description
that I just provided a few minutes ago."
9:42:22 AM
REPRESENTATIVE GRUENBERG said the committee was focusing on the
federal aspect in an effort to determine its limitations of
power, and he requested that Ms. Riddick could remain available
on line.
9:43:18 AM
LINDSAY BEAVER, Legislative Council, Uniform Law Commission,
said she was in support of HB 106.
REPRESENTATIVE GRUENBERG remarked that usually there was some
latitude to allow variations between states. He asked Ms.
Beaver if UIFSA 2008 gave less than normal latitude to allow
variations between the states.
9:44:08 AM
MS. BEAVER responded that from "a Uniform perspective," the
commissioners were focused on uniformity and conforming to the
true intent behind the law. A second factor was whether or not
the legislation introduced by states was sufficiently close to
verbatim, so as to satisfy the federal legislation and the OCSE.
She said the verbatim analysis was stringent and was also tied
to federal funds; therefore, the focus of the law had been on
whether or not the law was verbatim.
9:45:08 AM
BATTLE ROBINSON, Uniform Law Commission, stated that "this
legislation" would implement a federal treaty. She said when a
federal government entered into an international treaty, it
drafted, proposed, and adopted the implementing legislation.
She said however the treaty was implemented, if it was done by
federal law, it would be binding on all the states. She offered
her understanding that this was the first time that the effort
was being made to implement the treaty through uniform state
legislation. The reason it was being done this way was that
UIFSA was the very familiar child support statute, which all
agencies, attorneys, and litigants used. She said the states
were really being asked to implement the international treaty
that the federal government had entered into. She said it was
important to consider the alternative: without UIFSA [2008],
states would probably have a federal Act that would bind the
state to all its terms.
CHAIR LYNN remarked, "It sounds like blackmail."
9:47:30 AM
REPRESENTATIVE GRUENBERG said this was the first time he had
seen the commissioners having to bow to a more stringent
interpretation of uniformity from the federal government. He
said it sounded as if Ms. Robinson was saying the commissioners
were comfortable doing so. He indicated that the language of
Section 466(f), UIFSA, would use "the normal standard of
uniformity and not to require a standard of verbatim." He
questioned whether this was done properly through the adoption
of federal regulation or through an administrative
interpretation.
MS. ROBINSON responded that she thought the requirement was one
of the OCSE, which had supervisory functions, as well as joint
functions to run the country's child support programs. She
concurred with Ms. Beaver that whether or not the Uniform Law
Commission believes a particular act was uniform was a separate
issue. She stated that when this law was developed, it was
drafted from many interested people from many states, including
judges, lawyers, representatives of child support agencies, and
the federal government.
9:50:23 AM
CHAIR LYNN, in response to Representative Keller, said there
would not be time during the present meeting for a sectional
analysis, and the bill would be held over.
REPRESENTATIVE KELLER commented that previous testimony
indicated this is unique in that the legislature is being asked
to implement a treaty setting a precedence, which causes him
pause. He noted that he needs time to consider the issue as
this is something to be analyzed in light of the legislature's
normal treaty implementation process, and the potentials of
where this may go if the committee does something "novel."
CHAIR LYNN said he shared some of that concern.
REPRESENTATIVE GRUENBERG expressed thanks to all the testifiers.
CHAIR LYNN reiterated that the committee was not yet finished
with its discussion on HB 106.
9:53:15 AM
REPRESENTATIVE VAZQUEZ emphasized her desire to hear from
someone within Senator Lisa Murkowski's office because she would
not be comfortable passing out HB 106, without having input from
someone in our federal delegation.
CHAIR LYNN said he thought that was a good idea.
9:54:28 AM
MS. STEINBERG said "a congressional delegation in Senator
Murkowski's office" had been contacted for input, and no one was
available to testify; however, the office would be sending
written testimony.
CHAIR LYNN said he would like someone on line to speak to the
committee, at the invitation of both the administration and the
House State Affairs Standing Committee.
MS. STEINBERG said, "We could continue to try."
CHAIR LYNN announced that HB 106 was held over.
9:57:38 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 9:58
a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Resume Hummel.pdf |
HSTA 3/10/2015 8:00:00 AM |
Governor Appointment - DMVA - Hummel |
| Human Rights - Lunceford.pdf |
HSTA 3/10/2015 8:00:00 AM |
Governor Appointment - HUMAN RIGHTS - Lunceford |