Legislature(2003 - 2004)
03/23/2004 01:45 PM House FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 514
An Act relating to child support modification and
enforcement, to the establishment of paternity by the
child support enforcement agency, and to the crimes of
criminal nonsupport and aiding the nonpayment of child
support; amending Rule 90.3, Alaska Rules of Civil
Procedure; and providing for an effective date.
Co-Chair Harris MOVED to ADOPT work draft committee
substitute #23-LS1639\W, Mischel, 3/23/04, as the version of
the legislation before the Committee. There being NO
OBJECTION, it was adopted.
PETE ECKLUND, STAFF, REPRESENTATIVE BILL WILLIAMS, discussed
the committee substitute, noting the changes. It will
remove the peace officer classification for the Child
Support Enforcement Division (CSED) investigators. The
committee statute deletes language "and unreasonable", Page
3, Line 20 of the House Judiciary version.
In response to a question by Representative Croft, Mr.
Ecklund explained that the changes were made to the House
Judiciary version, inclusion of the pilot project located in
Section 12. Mr. Ecklund advised that it was different from
the previous, unadopted work draft.
Representative Croft MOVED to ADOPT Amendment #1, which
would add "and unreasonably" on Page 3, Line 21. (Copy on
File). Co-Chair Williams OBJECTED for the purpose of
discussion.
ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES
SECTION, CRIMINAL DIVISION, DEPARTMENT OF LAW, provided
information on Amendment #1. She noted that the amendment
could cause concern, as it would provide an element of
defense that would have to be proven. The Department of Law
receives information under Paragraph A from employers
regarding other statutory relationships, and the language
could make it unreasonably modified. She observed that the
Department could draft an amendment addressing the statutory
duty to report.
Representative Croft felt that it should not be a criminal
act for a person to refuse to talk to a CSED officer. He
stressed that in no other area, would it be a criminal act
to refuse to talk about a subject. He added if the
Department of Law does not approve of Amendment #1, then he
would MOVE to strike Section #A.
Ms. Carpeneti agreed with Representative Croft that people
should have the right to say that they do not want to talk.
However, Paragraph B only applies to employers regarding the
information about health benefits. It would not be an
"across the board duty" of the employers to report to the
Department of Labor & Workforce Development when there is a
new hire. She recommended that it be adjusted.
Representative Croft WITHDREW Amendment #1.
TAPE HFC 04 - 65, Side A
Representative Croft MOVED to ADOPT Amendment #2. (Copy on
File). Co-Chair Williams OBJECTED for the purpose of
discussion.
Representative Croft stated that the amendment would delete
all material on Page 4, Lines 16-28 and add a new section to
read: "AS 12.55.139 is repealed". He explained that
federal law requires the taking of the hunting and fishing
license as a sanction. Amendment #2 would remove it as a
sanction for the misdemeanor and keeps it as a sanction only
for a felony.
JOHN MAIN, STAFF, REPESENTATIVE SPEAKER PETT KOTT, noted
that when the license issue was mandated for the states,
Alaska choose the proposed way to address hunting and
fishing licenses. There is no vehicle in which they can
deny a hunting or fishing license. Federal government was
not pleased that it was placed in those two statutes. Mr.
Main feared that if it was removed from a misdemeanor area,
the federal government might state that Alaska is not in
compliance with the plan and the State could face penalties.
In response to a question by Representative Stoltze, Mr.
Main stated that he did not know if any states had failed to
comply with the federal requirements to take recreational
licenses for failure in providing child support.
Representative Stoltze commented on the similarities between
this and the federal helmet laws. He stressed that hunting
and fishing licenses are more than recreational pleasures in
Alaska. He voiced his support for the amendment.
In response to a query by Representative Chenault, Mr. Main
pointed out that only 2-5 people have been convicted in the
past two years and that he did not know how many had their
recreational licenses removed.
JOHN MALLONEE, (TESTIFIED VIA TELECONFERENCE), ACTING
DIRECTOR, CHILD SUPPORT ENFORCEMENT DIVISION, DEPARTMENT OF
REVENUE, ANCHORAGE, provided information on the legislation.
He did not recall any cases being revoked in the past two
years, noting that only twenty cases had been prosecuted in
the past four years. Mr. Main pointed out that the language
uses "may", which is more permissive.
Representative Croft testified in support of Amendment #2.
He stressed that the connection with subsistence hunting and
fishing, maintaining that licenses should only be revoked
for serious felony cases. He did not feel that the federal
government would withhold funds, but argued that the
decision should be made to flow through the correct course,
regardless.
Co-Chair Harris noted that the amendment would repeal AS
12.55.139. Representative Croft explained that the deletion
of the statute would only remove the ability to take
recreational licenses in a misdemeanor case. Co-Chair
Williams interjected that nonpayment of child support is
close to being a felony.
Representative Stoltze reminded members that there are
"cashless economies" in rural Alaska. He did not want the
federal government to deter the adoption of a rational State
policy.
Representative Hawker stated that any refusal to pay child
support is an egregious act. He noted that recreational
licenses are of value as a non-monetary item and valuable to
the perpetrator; whereas, great monetary fines would further
restrict their ability to pay.
In response to Vice Chair Meyer, Mr. Main observed that
discussions had occurred in the House Judiciary Committee,
and that the felony level had been increased.
A roll call vote was taken on the motion.
IN FAVOR: Stoltze, Croft, Fate, Foster, Joule
OPPOSED: Chenault, Hawker, Meyer, Williams, Harris
Representative Moses was not present for the vote.
The MOTION FAILED (5-5).
SPEAKER PETE KOTT distributed a handout in response to the
testimony provided by Landa Baily, Special Assistant,
th
Department of Revenue, March 8, 2004 letter. (Copy on
File). [It was not discussed].
Co-Chair Harris MOVED to report CS HB 514 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CS HB 514 (FIN) was reported out of Committee with
"individual recommendations" and with a new fiscal note by
the Department of Revenue, a zero note by the Department of
Public Safety, two zero notes by the Department of
Administration, indeterminate note #2 by the Alaska Court
System and indeterminate note #3 by the Department of Law.
| Document Name | Date/Time | Subjects |
|---|