Legislature(1997 - 1998)

04/28/1997 09:09 AM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
    SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE                     
                         April 28, 1997                                        
                           9:09 A.M.                                           
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Gary Wilken, Chairman                                                 
 Senator Loren Leman, Vice-Chairman                                            
 Senator Lyda Green                                                            
 Senator Jerry Ward                                                            
 Senator Johnny Ellis                                                          
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 All members present                                                           
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 SENATE BILL NO. 187                                                           
 "An Act relating to disclosure of public records identifying a                
 participant in the advance college tuition payment program;                   
 relating to the composition and assets of the Alaska advance                  
 college tuition payment fund; relating to administration of the               
 advance college tuition payment program; relating to advance                  
 college tuition payment contracts; and providing for an effective             
 date."                                                                        
                                                                               
  - MOVED SB 187 OUT OF COMMITTEE                                              
                                                                               
 SENATE BILL NO. 154                                                           
 "An Act relating to paternity determination and child support;                
 relating to reporting of and access to financial or other                     
 information for child support purposes; making changes to laws                
 relating to occupational, recreational, or other licenses, permits,           
 certificates, or other authorizations issued by the state to                  
 facilitate administration of child support laws; relating to the              
 interest rate on judgments or decrees for child support; relating             
 to immunity from civil liability for good faith compliance with               
 reporting or other requirements for child support purposes;                   
 relating to voiding fraudulent transfers and to penalties for                 
 noncompliance with orders for child support purposes; amending                
 Rules 4, 5, 35, 52, 58, 60(b), 78, 90.1, and 90.3, Alaska Rules of            
 Civil Procedure; amending Rule 901, Alaska Rules of Evidence;                 
 amending Rules 3 and 5, Alaska Bar Association Rules; repealing the           
 effective date of sec. 45, ch. 107, SLA 1996; and providing for an            
 effective date."                                                              
                                                                               
  - HEARD AND HELD                                                             
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SB 187 - See Senate Health, Education & Social Services minutes               
          dated 4/28/97.                                                       
                                                                               
 SB 154 - See Senate Health, Education & Social Services minutes               
          dated 4/23/97 and 4/28/97.                                           
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Wendy Redman, Vice President                                                  
 University of Alaska                                                          
 Po Box 755000                                                                 
 Fairbanks, Alaska 99775                                                       
  POSITION STATEMENT:   Discussed SB 187.                                      
                                                                               
 Jim Lynch                                                                     
 University of Alaska                                                          
 PO Box 755000                                                                 
 Fairbanks, Alaska 99775                                                       
  POSITION STATEMENT:   Discussed SB 187.                                      
                                                                               
 Glenda Straube, Director                                                      
 Child Support Enforcement Division                                            
 Department of Revenue                                                         
 550 W 7th Ave., Suite 310                                                     
 Anchorage AK 99501                                                            
  POSITION STATEMENT:   Commented on SB 154.                                   
                                                                               
 Marilyn May, Assistant Attorney General                                       
 Collections and Support                                                       
 Department of Law                                                             
 1031 W 4th Ave., Suite 200                                                    
 Anchorage AK 99501-1994                                                       
  POSITION STATEMENT:   Available to answer questions on SB 154.               
                                                                               
 Kenneth Kirk, Attorney                                                        
 733 W. 4th Ave., #304                                                         
 Anchorage AK 99501                                                            
  POSITION STATEMENT:   Opposed SB 154.                                        
                                                                               
 Dan Branch, Assistant Attorney General                                        
 Human Services Section                                                        
 Department of Law                                                             
 P.O. Box 110300                                                               
 Juneau AK 9981-0300                                                           
  POSITION STATEMENT:   Commented on SB 154.                                   
                                                                               
 Gary Roth                                                                     
 Alaska Bankers Association                                                    
 119 N. Cushman St.                                                            
 Fairbanks AK 99701                                                            
  POSITION STATEMENT:   Commented on SB 154.                                   
                                                                               
  ACTION NARRATIVE                                                             
  TAPE 97-45, SIDE A                                                           
 Number 001                                                                    
                                                                               
           SB 187 UNIVERSITY TUITION PAYMENT PROGRAM                          
                                                                              
  CHAIRMAN WILKEN  called the Senate Health, Education and Social              
 Services (HESS) Committee to order at 9:09 a.m. and announced                 
 SB 187  to be up for consideration.  Chairman Wilken, as prime                
 sponsor, he turned the gavel over to Vice-Chairman Leman and gave             
 a brief sponsor statement.                                                    
                                                                               
  CHAIRMAN WILKEN  said that in August 1996 Congress passed                    
 legislation that exempts qualified state prepaid tuition programs             
 from income taxes similar to exemptions provided other non-profit             
 activities.  Senate Bill 187 makes the necessary statutory changes            
 to conform the Advance College Tuition (ACT) payment plan with the            
 new federal law.                                                              
                                                                               
 The ACT plan offers an incentive for Alaskan residents to save for            
 college.  Under this plan one-half of a participating individual's            
 annual permanent fund dividend can be used to prepay college                  
 tuition credits at the current cost per credit.  The University of            
 Alaska guarantees that ACT credits can be used for tuition                    
 regardless of the amount paid for the ACT credit or the cost of               
 tuition at the time they are used.  Failure to comply with the new            
 tax law in a timely manner could result in retroactive taxation of            
 the program back to 1991 and destroy the financial viability of               
 this very worthwhile program.  Senator Wilken recommended passage             
 of SB 187.                                                                    
                                                                               
  WENDY REDMAN,  University of Alaska, explained that SB 187 will              
 bring the ACT program into compliance with federal regulations as             
 well as to provide some privacy protection for people who have been           
 in the program.  The program is tax exempt for the University of              
 Alaska and tax deferred for the people who participate in it.   JIM           
 LYNCH,  University of Alaska financial, agreed that was correct.              
                                                                               
  WENDY REDMAN    asked if the money was totally tax deferred until it         
 is taken out as a tuition credit.   JIM LYNCH  replied no; the                
 individual pays the tax just as though the individual had received            
 the dividend.                                                                 
                                                                               
  SENATOR L  EMAN  asked if there was any way to design the program so         
 the person does not have a tax liability until that credit is used.           
  JIM LYNCH  said that cannot be done within the program itself.               
 Congress is now trying to make contributions to this program                  
 exempt.   SENATOR LEMAN  asked if there was anything in this                  
 legislation that would delay or hinder that.   JIM LYNCH  replied no,         
 as long as the definition of a qualified state prepaid tuition                
 program is met.                                                               
                                                                               
  SENATOR LEMAN  recommended that the committee or the Legislature             
 encourage that change in law at the federal level.                            
                                                                               
  CHAIRMAN WILKEN  asked Mr. Lynch to send the committee wording to            
 that effect.   JIM LYNCH  agreed to do that.                                  
                                                                               
  CHAIRMAN WILKEN  asked if the tax is deferred on the increase in             
 tuition value.  JIM LYNCH  said that was correct.  Originally, the            
 IRS said that the plan was taxable and the earnings of the prepaid            
 tuition fund would be taxed as a corporation.  The increase in                
 value would also be taxed as a participant at the time the credits            
 were used.  The University now has an exemption for the program,              
 but the increase in value is still taxable to the individual at the           
 time the credits are used.                                                    
                                                                               
  SENATOR LEMAN  moved to pass SB 187 out of committee with individual         
 recommendations and a zero fiscal note.  There were no objections             
 and it was so ordered.                                                        
                                                                               
                SB 154 CHILD SUPPORT & PATERNITY                              
                                                                               
   CHAIRMAN WILKEN  announced  SB 154  to be up for consideration.            
                                                                               
  GLENDA STRAUBE , Director of Child Support Enforcement, said there           
 were several proposed amendments which resulted from a meeting with           
 the Alaska Banker's Association.  They agreed to further define               
 financial institutions on page 30, line 23 adding "brokerage                  
 houses, insurance companies, and any other companies providing                
 individual investment transactions or deposit accounts."                      
                                                                               
 Number 222                                                                    
                                                                               
  MARILYN MAY,  Assistant Attorney General, said she was available to          
 answer questions.                                                             
                                                                               
  KENNETH KIRK , Anchorage Attorney, said that he has some serious             
 problems with SB 154.  Mr. Kirk stated that sometimes CSED does not           
 want to answer a question about why the division wants a law in a             
 particular way.  At times there is a law that does not specify that           
 the division has to take action in a certain way, and at other                
 times there is a provision for waiver that the division does not              
 want to try.  He suspected that a lot of things in this bill fall             
 into those categories.                                                        
                                                                               
 Mr. Kirk identified a major problem as the hardship created for               
 employers because, even if an employer only has one employee, the             
 employer must report all hires and rehires.  A lot of employers are           
 not going to realize their responsibility.  Under this legislation,           
 there are major penalties for non-compliance with administrative              
 subpoenas.  Often CSED asks for years of business and bank records            
 which means a small business owner has to either shut down and let            
 CSED come in and look at them or ship the information to CSED.                
 Usually it is too much information to effectively copy.                       
                                                                               
 Mr. Kirk expressed concern with the license revocation provision              
 which takes out the allowance for temporary recreational licenses             
 while the matter is being disputed.  If an individual with a                  
 hunting license is determined by CSED to owe child support that               
 individual can not hunt while the matter is being disputed.  The              
 same scenario can occur with recreational fishing.  Such a                    
 situation is a denial of due process and should be eliminated.                
 Allowing crew license revocation typically results in that crew               
 member not being able to work, to make money. to pay the child                
 support.  CSED has said that it does not want the licenses, but               
 wants to set up a payment schedule; however, if you can not meet              
 that formula, you are out of luck.  Furthermore, it is very hard to           
 meet that formula unless you are very close to being current                  
 anyway.                                                                       
                                                                               
 Mr. Kirk said that allowing service of original documents by first            
 class mail is problematic because the address CSED has is often               
 years old.  CSED should make an effort to ensure that the right               
 person is found and not just use certified first class mail.  The             
 default provisions are of concern because if CSED serves a document           
 on the wrong address, the person does not receive the document, but           
 will find out a few years later when CSED garnishes the obligor's             
 pay.                                                                          
                                                                               
 Number 295                                                                    
                                                                               
  SENATOR LEMAN  asked if it would be an improvement if CSED were to           
 cross check the address with the most recent address the Permanent            
 Fund Division has on file for those who are Alaskan residents.                
  KENNETH   KIRK  replied yes.  In most cases, CSED has not done much t        
 look for the most recent address.                                             
                                                                               
  CHAIRMAN WILKEN  asked if he dealt professionally with CSED issues.          
  KENNETH   KIRK  replied yes and informed the committee that he spends        
 approximately 30% of his time dealing with such cases, most of                
 which on behalf of obligors.                                                  
                                                                               
 Number 376                                                                    
                                                                               
  GLENDA STRAUBE  responded that he was correct in a sense about the           
 bill being tough.  The federal government is asking the employer to           
 do more than in the past.  Regarding the administrative subpoenas             
 and how long it would take an employer to respond, Ms. Straube                
 pointed out that most subpoenas go to banks.  CSED occasionally               
 serves subpoenas on other people, but usually after the                       
 investigation is further along.                                               
                                                                               
 With regard to license revocations, Ms. Straube believed that the             
 first license revocation was done several days ago.  When someone             
 comes into CSED now, CSED determines if there is a default order              
 not based on the obligor's actual income and that is fixed.  If it            
 is owed to the state, CSED has the right to vacate and fix it.  If            
 it is owed to the custodial parent, CSED can ask the parent if                
 he/she is willing to make a deal and CSED can send the file to a              
 modification team to determine if the income has changed.  License            
 revocation is extremely important because this ability indicates              
 that CSED is serious about children.  Ms. Straube said that CSED              
 has had a very good response to this law and many people have                 
 worked out payment plans.  CSED is receiving money from people who            
 have never made regular payments.                                             
                                                                               
 Ms. Straube informed the committee that all case workers have desk            
 top computers which have access to the Permanent Fund Division and            
 is used frequently for addresses.  When something is returned to              
 CSED undelivered or not accepted, which is just as likely, CSED               
 sends it to another locate section which searches a much larger               
 group of locate data bases.                                                   
                                                                               
  CHAIRMAN WILKEN  said there were some concerns with the employer             
 hire/rehire section, although he did not think it was enough to               
 hold up the bill.   KENNETH   KIRK  was not sure how small employers          
 would find out about this; while the larger employers have                    
 personnel departments to keep track of such.  Mr. Kirk thought                
 employers may avoid hiring someone with child support obligations.            
                                                                               
  GLENDA STRAUBE  informed everyone that the IRS has already sent out          
 a letter to employers, but it is the same as the new hire reporting           
 law that has been in effect for a number of years.  The difference            
 was the limit of 20 or more employees.  This is not a new law; CSED           
 worked very close with employers at that time with notices and                
 groups as will be the case now.                                               
                                                                               
  CHAIRMAN WILKEN  was amazed that people would suggest tracking every         
 hire and rehire in the United States.  Chairman Wilken inquired as            
 to the history of the subpoena requirements.   GLENDA   STRAUBE               
 mentioned that administrative subpoenas are usually served on                 
 financial institutions.  There are other subpoenas that are not as            
 cumbersome that are used to obtain one piece of information.  The             
 cumbersome subpoenas occur during the investigation of criminal               
 non-support.                                                                  
                                                                               
  CHAIRMAN WILKEN  asked about the temporary license revocation                
 without due process.   GLENDA   STRAUBE  reiterated that the federal          
 government requires including recreational licenses which CSED is             
 not excited about.  CSED has narrowed the hunting license                     
 revocation down to non-personal use and fishing license revocation            
 to non-subsistence.                                                           
                                                                               
 Number 421                                                                    
                                                                               
  DAN BRANCH , Assistant Attorney General, pointed out that persons            
 who use subsistence and fishing licenses will not be affected.                
 Current law 25.27.244 (A) for occupational licenses ensures that              
 CSED will not be able to place a child support obligor on the                 
 obligor list until notice is sent with 60 days to respond.                    
 Therefore, concerns about due process are not well placed.                    
 Recreational licenses are unique in that there is no temporary                
 license in place.                                                             
                                                                               
  KENNETH KIRK  noted that every other category of licenses which can          
 be revoked here has a certain appellate mechanism.  After CSED                
 makes its initial determination, a review can be requested by the             
 Superior Court and a temporary license can be obtained while the              
 court reviews that.  The grounds for that review are very limited;            
 one must demonstrate that he/she was in compliance, it was not                
 he/she, or there was not a valid order.  In other words, CSED may             
 have made a serious mistake and taken a recreational licenses out             
 of the category in which the court could enter a temporary license            
 while the case is being reviewed.  Mr. Kirk informed the committee            
 of a case in which CSED demanded so many records from a small                 
 business that the owner closed the business and became a clerk at             
 Safeway.                                                                      
                                                                               
 Number 469                                                                    
                                                                               
  CHAIRMAN WILKEN  asked if a waiver was available for some of SB 154.         
  GLENDA   STRAUBE  acknowledged that a waiver can be requested, but th        
 federal government has not been very good about waivers for child             
 support.  In order to receive a waiver the division would have to             
 prove that it would be ineffective to implement the law or that the           
 cost would be so prohibitive it would not be economical to do it.             
 Licensing does not fall under either of those.                                
                                                                               
  SENATOR GREEN  asked if a sport fishing license implies that it is           
 not for personal use.   DAN   BRANCH  understood that there are               
 specific personal use fisheries, for example the dip net fishery.             
 The difference is the gear; sports fishing is basically rod and               
 reel fishery only and personal use fishing is with nets.  It is               
 possible to distinguish in the field whether a person is                      
 participating in the personal use fishery easily.   SENATOR GREEN             
 said that created a conflict with a hunting license, because those            
 are all considered to be personal use.   DAN   BRANCH  commented that         
 legislation in place now does not define personal use hunting.  So            
 SB 154 would exempt hunting which would otherwise be considered               
 sport hunting if it was being carried out for personal use.                   
 Subsistence, by statute, is exempt.                                           
                                                                               
  SENATOR GREEN  said this was a major stumbling block and wanted to           
 figure something out.  Could a rod and reel fishermen ever be                 
 granted a personal use license?   DAN   BRANCH  was not sure what the         
 answer was, but it is set out in statute already.                             
                                                                               
  SENATOR GREEN  asked if there was any way to have a review process           
 or was the timing the problem with recreational licenses.   GLENDA            
 STRAUBE  said that it is the timing issue.  If licensing were                 
 centralized in one agency, then temporary and non temporary                   
 licenses could be issued.  Now store owners throughout the state              
 would have to track who is on the list from month to month.  It               
 also takes a while for the information to go from CSED to the                 
 Department of Fish and Game.                                                  
                                                                               
  CHAIRMAN WILKEN  asked Mr. Kirk to send the committee any                    
 information he had that would improve the bill.                               
                                                                               
  SENATOR GREEN  related a story of a contractor who had employed an           
 obligor over three years ago, but had not seen him since.  The                
 contractor repeatedly informed CSED that the obligor no longer                
 worked for him.  The contractor continued to receive correspondence           
 from CSED threatening that he was in contempt of court.  What could           
 be done to correct this?  Senator Green was concerned about privacy           
 with so much information being requested.                                     
                                                                               
  GLENDA STRAUBE  was not familiar with this case.   DAN BRANCH  was no        
 either.  Perhaps he got an order of withhold and deliver which is             
 now required.                                                                 
                                                                               
  GLENDA   STRAUBE  reiterated that nationally employers are being aske        
 by the federal government to do more on this issue.                           
                                                                               
  TAPE 97-45, SIDE B                                                           
                                                                               
 This is a new law and Ms. Straube did not know how much the federal           
 government would be willing to waive.                                         
                                                                               
  SENATOR LEMAN  expressed concern with interest rate reduction;               
 whatever CSED does should encourage collections.                              
                                                                               
  SENATOR GREEN  informed the committee that she asked Legislative             
 Legal Services to make sure everything contained in the language is           
 specifically required.                                                        
                                                                               
  CHAIRMAN WILKEN  referred the committee to Mr. Nordlund's letter             
 which emphasizes the need to do this now.                                     
                                                                               
 Number 547                                                                    
                                                                               
  SENATOR LEMAN  moved Amendment 1 as requested by Mr. Roth.  Senator          
 Leman stated objection to the wording of Amendment 1.  Senator                
 Leman suggested the following language, "financial institutions               
 including banks, brokerage houses, insurance companies, and other             
 companies providing individual investment transaction or deposit              
 accounts."  He offered that language as an amendment to Amendment             
 1 and withdrew his objection.                                                 
                                                                               
  GARY ROTH  understood the amendment and agreed with Senator Leman's          
 language.                                                                     
                                                                               
 Number 502                                                                    
                                                                               
  SENATOR GREEN  stressed the need to ensure that access is confined           
 to only necessary information.   GLENDA STRAUBE  explained that CSED          
 wants to determine if the obligor has an account and the balance of           
 that account.  The federal government requires the name, the record           
 address, social security number or other tax payer i.d. number, and           
 other identifying information for each non-custodial parent who               
 maintains an account at such an institution and whose child support           
 is past due.  Language in the bill references the information in              
 the federal law.  Ms. Straube explained that she provides financial           
 institutions with a list of people who are in arrears and those               
 names are matched with a list of the institution's accounts.                  
                                                                               
  SENATOR GREEN  asked if Ms. Straube had to have a reason to suspect          
 someone has an account at an institution.   GLENDA STRAUBE  replied           
 no; that is why CSED is requesting a quarterly automatic match.               
 Now they have the authority to do "bank sweeps" which are more                
 cumbersome than doing the data match on a regular basis.                      
                                                                               
  SENATOR WARD  indicated that there may be a problem with the sport           
 fishing licenses because he sport fishes and puts his catch in the            
 freezer for personal use.  Senator Ward did not know that dip                 
 netting was considered personal use.                                          
                                                                               
  CHAIRMAN WILKEN  announced an at ease from 10:08 - 10:11 a.m.                
                                                                               
 Number 450                                                                    
                                                                               
  CHAIRMAN WILKEN  asked if the committee had any further discussion           
 or objections.  Hearing none, Amendment 1 was adopted.                        
                                                                               
  SENATOR GREEN  moved to adopt Amendment 2 which would add a new              
 subsection (e).                                                               
                                                                               
  GARY ROTH,  President of the Denali State Bank, informed the                 
 committee that he represented the Alaska Bankers Association which            
 supported Amendment 1.  He was also pleased that Ms. Straube                  
 mentioned the Massachusetts Plan which has been in effect since               
 1994 and has worked very well between the Child Enforcement                   
 Divisions and the bankers in Massachusetts.                                   
                                                                               
 The federal law basically requires that a match system be put in              
 place by the states and the agencies may pay a reasonable fee to a            
 financial institution for conducting a data match.  The fee is not            
 to exceed the actual cost incurred by such financial institutions.            
 With regard to liability, the federal law states that a financial             
 institution shall not be liable under any federal or state law to             
 any person.  Mr. Roth believed that the liability issue is mute               
 based on the federal statute.  Mr. Roth recommended that the                  
 reasonable fee amendment be included to make it coincide with                 
 federal legislation.                                                          
                                                                               
  GLENDA STRAUBE  agreed that Massachusetts is the only state with a           
 similar law prior to the passage of the federal law.  Ms. Straube             
 was uncomfortable with this because who is to define "a reasonable            
 fee" and determine the actual cost.  Would this preclude CSED from            
 establishing a regulation for further clarification?                          
                                                                               
  CHAIRMAN WILKEN  was also concerned about what constituted a                 
 reasonable fee as well as the bureaucracy involved.  He asked if              
 there was objection to Amendment 2.  Chairman Wilken objected.                
 Upon a vote Senator Wilken voted "Nay" and Senators Green and Ward            
 voted "Yea" therefore Amendment 2 failed.                                     
                                                                               
 Number 379                                                                    
                                                                               
  SENATOR GREEN  moved to adopt Amendment 3.                                   
                                                                               
  CHAIRMAN WILKEN  noted that on page 60, line 10 a new section is             
 inserted.   GLENDA STRAUBE  pointed out that this relates to state            
 personnel records.  CSED thought it had the statutory authority to            
 access those records, but were recently informed by the Department            
 of Administration that CSED would need specific legislation to do             
 so.                                                                           
  DAN BRANCH  said he supported Amendment 3.                                   
                                                                               
  CHAIRMAN WILKEN  asked if there were any objections to Amendment 3.          
 Hearing none, Amendment 3 was adopted.                                        
                                                                               
  SENATOR GREEN  indicated that federal law only requires that a               
 procedure to take away licenses be established; what is the time-             
 line for that process?   GLENDA STRAUBE  answered 150 days.                   
                                                                               
  MARILYN MAY  clarified that Mr. Kirk's concern that these issues are         
 not in federal law is incorrect.  CSED drafted SB 154 as the                  
 federal law required.  The federal law requires that CSED has the             
 ability to issue subpoenas.  The exact procedures and the penalty             
 CSED chooses are not specifically required by the federal law.                
                                                                               
  CHAIRMAN WILKEN  asked Mr. Branch and Ms. Straube to develop some of         
 the committee's concerns to be forwarded to the Finance Committee.            
                                                                               
                                                                               
 Number 327                                                                    
                                                                               
  SENATOR GREEN  moved to pass CSSB 154(HES) from committee.   SENATOR         
 WARD  objected, and inquired as to the next committee of referral.            
  CHAIRMAN WILKEN  said the next committee of referral is Finance.             
  SENATOR WARD  requested that Mr. Nordlund be available personally to         
 testify on the validity of some of his assumptions.  Senator Ward             
 removed his objection.  Without further objection, CSSB 154(HES)              
 passed from committee with individual recommendations and the                 
 accompanying fiscal note.                                                     
                                                                               
  CHAIRMAN WILKEN  adjourned the meeting at 10:25 a.m.                         
                                                                               

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