Legislature(2009 - 2010)SENATE FINANCE 532
04/09/2009 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB96 | |
| SB183 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 96 | TELECONFERENCED | |
| *+ | SB 183 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE FINANCE COMMITTEE
April 9, 2009
9:25 a.m.
9:25:46 AM
CALL TO ORDER
Co-Chair Stedman called the Senate Finance Committee meeting
to order at 9:25 a.m.
MEMBERS PRESENT
Senator Lyman Hoffman, Co-Chair
Senator Bert Stedman, Co-Chair
Senator Charlie Huggins, Vice-Chair
Senator Johnny Ellis
Senator Donny Olson
Senator Joe Thomas
MEMBERS ABSENT
None
ALSO PRESENT
Senator Bettye Davis; Lynda Zaugg, Staff, Senator Bettye
Davis; Ginger Blaisdell, Director, Division of
Administrative Services, Department of Revenue; Bob
Loescher, representative, Central Council Tlingit Haida
Indian Tribes of Alaska (CCTHITA); Darwin Peterson, Staff to
Co-Chair Stedman; Alice Edwards, Acting Director, Department
of Environmental Conservation/Air quality.
PRESENT VIA TELECONFERENCE
Stacy Steinburg, Chief Assistant Attorney General, Statewide
Section Supervisor, Department of Law.
SUMMARY
SB 96 "An Act relating to nonpayment of child support;
relating to certain judicial and administrative
orders for medical support of a child; relating to
periodic review and adjustment of child support
orders; relating to relief from administrative
child support orders; relating to child support
arrearages; relating to medical support of a child
and the Alaska Native family assistance program;
amending Rule 90.3, Alaska Rules of Civil
Procedure; and providing for an effective date."
CSSB 96 (FIN) was REPORTED out of Committee with a
"do pass" recommendation and with a previously
published zero fiscal note
SB 183 "An Act authorizing the Department of
Environmental Conservation to award grants for the
control of air emissions or the development and
administration of air quality control programs;
and providing for an effective date."
SB 183 was HEARD and HELD in Committee for further
consideration.
SENATE BILL NO. 96
"An Act relating to nonpayment of child support;
relating to certain judicial and administrative orders
for medical support of a child; relating to periodic
review and adjustment of child support orders; relating
to relief from administrative child support orders;
relating to child support arrearages; relating to
medical support of a child and the Alaska Native family
assistance program; amending Rule 90.3, Alaska Rules of
Civil Procedure; and providing for an effective date."
9:25:52 AM
Co-Chair Stedman stated the goal today to introduce and
adopt work draft version P for SB 96.
Senator Ellis MOVED to ADOPT proposed committee substitute,
work draft #26-LS0485\P, Mischel, 4/7/09. Co-Chair Stedman
OBJECTED.
LYNDA ZAUGG, STAFF, SENATOR BETTYE DAVIS, discussed the
change in the CS representing a definition of legislative
intent. The language conforms to the Uniform Interstate
Family Support Act as approved by the American Bar
Association. She informed that SB 96 is designed to bring
Alaska in compliance with the federal regulations allowing
the child support enforcement division to continue receiving
federal funds. She noted that SB 96 represents the addition
of Indian tribes under definition of state.
9:29:42 AM
Senator Huggins asked about the terms "states must order
either parent" and for the tribal section "give the
authority". He asked how authority can be given without
orders.
GINGER BLAISDELL, DIRECTOR, DIVISION OF ADMINISTRATIVE
SERVICES, DEPARTMENT OF REVENUE noted that members of the
department were available to speak to the bill. She thought
the Department of Law (DOL) best to answer Senator Huggins'
questions. Senator Huggins asked if the DOL was available.
9:31:52 AM
STACY STEINBURG, CHIEF ASSISTANT ATTORNEY GENERAL, STATEWIDE
SECTION SUPERVISOR, DEPARTMENT OF LAW admitted that she did
not understand the question. She required further direction
regarding the section.
Senator Huggins explained that he was reading the sponsor
statement which notes that the federal government requires
states have guidelines noting "under the federal regulations
states must order either or both parents to purchase
reasonably priced health insurance." He continued that the
next paragraph states "this bill adds to existing law the
authority for a tribe to order either or both parents to pay
cash medical support. He asked about the terms "order" and
"authority."
Ms. Steinburg responded that there are three distinct parts
of the bill. One part addresses cash medical support, which
under federal regulations must include orders for either or
both parents to provide for cash medical support. She noted
the reference to existing authorities providing for medical
support refers to the tribunal's consideration of whether
either or both parents have health insurance. A separate
portion of the bill addresses the addition of "Indian tribe"
to the definition of state in our Uniform Family Support
Act, which is separate from the cash medical support bill.
9:35:04 AM
Senator Huggins informed about the location of the portion
nd
of the sponsor statement Page 1, 2 paragraph, line 1
stating "adds to the existing law the authority." Ms.
Steinburg noted that she did not have the sponsor statement,
but sought a copy.
Senator Huggins repeated that the first sentence in the
sponsor statement notes that "states must order" and the
second paragraph notes that "this bill adds to existing law
the authority for a tribe to order either or both parents to
pay cash medical support." He opined that the statements
appear to be incongruent.
Ms. Steinburg responded that she found the sponsor statement
and believed that a typographical error exists. She noted
that her copy states that "this bill adds to existing law
the authority for a tribunal to order either or both parents
to pay cash medical support." She noted that the word was
not tribe but tribunal. Senator Huggins agreed with Ms.
Steinburg and asked to stand corrected. Ms. Steinburg stated
that the law is such because in certain circumstances the
agency has the authority to set an administrative child
support order through their procedure.
Co-Chair Stedman asked if the administration supports the
bill. Ms. Blaisdell answered yes.
Co-Chair Stedman removed his OBJECTION. There being NO
OBJECTION, it was so ordered.
9:38:48 AM
BOB LOESCHER, REPRESENTATIVE, CENTRAL COUNCIL TLINGIT HAIDA
INDIAN TRIBES OF ALASKA (CCTHITA), spoke in support of the
legislation including the words "Indian tribes and US Virgin
Islands" and the intent language. He understood that the
recognition was for the purpose of inclusion in the Uniform
Child Support Act.
Co-Chair Hoffman MOVED to report CSSB 96/P out of Committee
with individual recommendations and the accompanying fiscal
note. There being NO OBJECTION, it was so ordered.
CSSB 96 (FIN) was REPORTED out of Committee with a "do pass"
recommendation and with a previously published zero fiscal
note.
SENATE BILL NO. 183
"An Act authorizing the Department of Environmental
Conservation to award grants for the control of air
emissions or the development and administration of air
quality control programs; and providing for an
effective date."
9:41:06 AM
DARWIN PETERSON, STAFF TO CO-CHAIR STEDMAN explained that SB
183 provides the statutory authority for the Department of
Environmental Conservation (DEC) to grant funds for the
control of air emissions or the development or
administration of air quality control programs in the state.
The committee recalls the hearing on SB 161, The American
Recovery and Reinvestment Act of 2009 as one of DEC
appropriations. During the hearing the department approached
the committee and requested introduction of this legislation
to give authority to receive and expend those grants if the
administration accepts that appropriation in the American
Recovery and Reinvestment Act. The legislation is verbatim
as requested by the department. During the SB 161 hearing
the department gave the committee information about the
intent of expenditure as well as those who qualify.
Co-Chair Stedman asked what would happen if the legislation
were enacted and the American Recovery Act funds are
declined. Mr. Peterson answered that if the funds are not
accepted by the administration, this legislation would
remain on the books allowing statutory grant authority to
exist if funds are appropriated by the legislature. He
stated that there would be no negative impact to the state.
Co-Chair Stedman asked if the department was in support of
the bill.
9:43:31 AM
ALICE EDWARDS, ACTING DIRECTOR, DEPARTMENT OF ENVIRONMENTAL
CONSERVATION/AIR QUALITY responded that the department was
in support of the bill. Co-Chair Stedman asked if the
administration agreed that the legislation was "do no harm
legislation." Ms. Edwards concurred.
Senator Olson stated that air quality remains an issue
plaguing the Red Dog mine. He asked how the legislation
affects the issues raised in the last several years
regarding air quality in the mine.
Ms. Edwards answered that this legislation does not
specifically address the issue; however, with the ability to
grant the funds under competitive process, an entity could
apply for the funds and perhaps make improvements to
equipment.
Senator Thomas asked about Section b, Lines 10 and 11 noting
that the department may adopt regulations to carry out the
purposes of this section. He asked if this means that the
department could adopt regulations specific to the awarding
of grants. Ms. Edwards concurred that the legislation would
pertain to adopting regulations related to issuing grants
not for other purposes.
9:45:44 AM
Senator Huggins recalled a similar debate regarding low
sulfur production transportation. He opined that the state
was now taking low sulfur diesel and hauling it up the road.
He understood the issue to be about diesel emissions and was
perplexed about grants to address diesel emissions. He asked
about a timeline regarding a yes or no answer about
acceptance of the stimulus money. Ms. Edwards responded that
she did not know the answer. She stated that the
administration preserved the ability to accept the fund and
a grant application was submitted per the federal timelines
to accept the grant.
Co-Chair Stedman asked if the committee could take action on
the bill during the next session or is the legislation time
sensitive.
9:48:29 AM
Ms. Edwards answered that the stimulus funds must be
expended by September 30 2010 making it unlikely that the
administration could perform the work envisioned by the
American Recovery and Reinvestment Act if passed next
session.
Co-Chair Stedman commented about the challenges of
understanding which pieces of the legislations must move
forward in a timely manner preventing loss of stimulus money
available to the state. The risk with legislation
accompanied by high fiscal notes is the precarious position
of having the fiscal note flow against the general fund as
opposed to being offset by federal revenue.
SB 183 was HEARD and HELD in Committee for further
consideration.
9:50:25 AM
Co-Chair Stedman stated that the legislature is now on the
24 hour rule.
9:51:12 AM
ADJOURNMENT
The meeting was adjourned at 9:51 AM.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSSD_Fed_Compliance_letter_16mar09[1].pdf |
SFIN 4/9/2009 9:00:00 AM |
SB 96 |
| Mallonee leter.pdf |
SFIN 4/9/2009 9:00:00 AM |
SB 96 |
| SB183-DEC-AQ-4-6-09.pdf |
SFIN 4/9/2009 9:00:00 AM |
SB 183 |
| SB 183 DEC ARRA Diesel Emissions Reduction.pdf |
SFIN 4/9/2009 9:00:00 AM |
SB 183 |
| SB 183 Sponsor Statement.pdf |
SFIN 4/9/2009 9:00:00 AM |
SB 183 |
| sponsor statement SB 96.doc |
SFIN 4/9/2009 9:00:00 AM |
SB 96 |
| SB96 DORCSSD Letter 032009.pdf |
SFIN 4/9/2009 9:00:00 AM |
SB 96 |
| SB96 DORCSSD Letter 032709.pdf |
SFIN 4/9/2009 9:00:00 AM |
SB 96 |
| SB96 sectional .pdf |
SFIN 4/9/2009 9:00:00 AM |
SB 96 |
| SB 96 prposed CS Version P.pdf |
SFIN 4/9/2009 9:00:00 AM |
SB 96 |