Legislature(2015 - 2016)BELTZ 105 (TSBldg)
02/27/2015 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB51 | |
| SB49 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 51 | TELECONFERENCED | |
| *+ | SB 49 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 51-UNIFORM INTER.CHILD SUPPORT;PARENTAGE
1:31:59 PM
CHAIR MCGUIRE announced the consideration of SB 51. "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."
1:32:38 PM
CAROL BEECHER, Director, Child Support Services, Administrative
Services, Department of Revenue (DOR), introduced SB 51 on
behalf of the administration. She explained that the bill amends
the Uniform Interstate Family Support Act (UIFSA), which Alaska
passed into law in 1996. The law was amended in 2006 to add
definitions and clarifications. The 2008 amendments (UIFSA
2008), which are incorporated in SB 51. UIFSA 2008 will allow
U.S. children to receive child support when one party resides in
a different country. She noted that many countries do not
process child support orders in the absence of a treaty
obligation.
To provide some context for the bill, she explained that
Alaska's child support program is authorized under Title IV-D of
the Social Security Act and is matched with 66 percent federal
funds and 34 percent state funds. In FY2015 the federal match
was $19 million. In 2014 the Division of Child Support Services
collected approximately $112 million; 90 percent goes directly
to families and 10 percent goes to reimburse federal and state
government for welfare and foster care assistance.
The Uniform Interstate Family Support Act was written by the
Uniform Law Commission to provide a framework for dealing with
the enforcement of orders between states. Alaska passed UIFSA
into law in 1996 and all other jurisdictions had passed it by
1998. In 2007, the U.S. signed the Hague Convention
("Convention") on the international recovery of child support
and other forms of family maintenance. In 2008, the Uniform Law
Commission amended UIFSA to incorporate the changes mandated by
the Convention. In September 2014, Public Law 113-183, the
Preventing Sex Trafficking and Strengthening Families Act, was
signed into law. It requires that IV-D child support programs
pass UIFSA 2008 into law by July 1, 2015. Federal funding for
the IV-D Child Support Program is a condition of passage. To
ensure uniformity, the language of UIFSA 2008 may not be
amended. Once passed, the new section will not go into effect
until all jurisdictions have passed it. The treaty will then go
back through the congressional process for ratification and
thereafter go through the process in the Netherlands.
Currently, 12 states have enacted UIFSA 2008 and 20 states have
introduced legislation. The remaining states are in the process
of drafting the bills.
1:37:14 PM
SENATOR COSTELLO asked by what authority the federal government
can remove funding if the state doesn't pass UIFSA 2008.
STACY STEINBERG, Chief Assistant Attorney General, Civil
Division, Collections and Support Section, Department of Law
(DOL), explained that 42 U.S. Code 666(f) is the federal law
that says each state must pass and have in effect UIFSA 1996.
Public Law 113-183, which passed in September, amended that law
and requires each state to adopt UIFSA 2008 as a condition of
receiving federal funding for the state's child support program.
SENATOR COSTELLO expressed the wish that states had a more true
voice in regards to making such important changes without
risking the loss of federal funds.
1:39:03 PM
SENATOR COGHILL asked if the formula remains the same.
MS. BEECHER confirmed that's correct.
SENATOR COGHILL asked if the federal law works well with the
child support compact between states.
MS. BEECHER responded that she believes that UIFSA is the law
that states use when they interact on child support matters.
SENATOR COGHILL offered his understanding that the Uniform Law
Commission is trying to line up an international treaty.
MS. BEECHER clarified that once all the states have passed UIFSA
2008 Congress will ratify the treaty. Moreover, it is an
excellent vehicle for states to enforce child support,
particularly for children who reside in the U.S. and have a
parent in a foreign country.
SENATOR COGHILL asked if the state has input when the Uniform
Law Commission meets.
MS. STEINBERG answered yes. The commissioners met in 2007 or
2008 in Montana and a representative from the State of Alaska
attended and gave input. The commissioners reviewed the
procedural terms of the Convention that foreign countries agree
to and added a new article to UIFSA to specifically implement
the provisions of the Convention.
SENATOR COGHILL asked what the pro and con debate was in
Congress.
MS. STEINBERG said she wasn't aware of any pro and con debate,
but both the Senate and House unanimously passed the Preventing
Sex Trafficking and Strengthening Families Act, which requires
states to adopt UIFSA 2008. Ratification was done in 2010.
SENATOR COGHILL offered his understanding that this is a take it
or leave it decision.
MS. STEINBERG agreed; she added that she and Ms. Beecher were
available to answer questions now or after the meeting to
provide more input. She noted that she also provided members a
lot of information, including a copy of the Convention, to help
the committee understand the provisions and how it works with
child support.
1:43:58 PM
SENATOR MICCICHE joined the committee.
SENATOR COGHILL said he doesn't object to treaties, but they
make him nervous.
MS. STEINBERG offered to give a sectional analysis.
CHAIR MCGUIRE asked Ms. Steinberg to discuss the sections that
contain substantive changes.
1:48:09 PM
MS. STEINBERG told the committee that Sections 77 and Section 78
clarify the 2001 amendment to UIFSA that relates to making a
controlling order determination for child support. She continued
to review the substantive changes, starting with Section 79.
Section 79 amends AS 25.25 to add new sections:
Jurisdiction to modify child support order of foreign
country. Provides that when a foreign country no
longer has or refuses to exercise jurisdiction over a
child support modification, Alaska may act over
individuals subject to the personal jurisdiction of
the court without consent and even when persons are
not residents of this state and the order that is
issued will be controlling.
Procedure to register child support order of foreign
country for modification. Provides that a party or
child support enforcement agency can file a petition
to modify a foreign registration or at another time.
SENATOR COGHILL asked who the signatories are of the Hague
Convention. He specifically asked about Asian countries because
of the large Asian population in Alaska.
MS. STEINBERG replied about 30 companies, including the U.S.,
have signed on. She named them and confirmed that no Asian or
South American countries had signed on and ratified the
Convention.
1:53:13 PM
Section 80 amends AS 25.25.71 to remove the procedures
on parentage and creates definitions for sections
25.701 to 25.713 regarding initiating, registering,
contesting, enforcing, and modifying support orders.
Definitions include "application," "central
authority," "convention support order," "direct
request," "foreign central authority," "foreign
support agreement," and "United States central
authority."
Section 81 amends AS 25.25 by adding new sections:
Applicability. Provides that sections 25.701 to 25.713
only apply to child support proceedings under the
Hague Convention.
Relationship of child support services agency to
United States central authority. Provides that the
federal Department of Human Services has recognized
the Alaska child support services agency as the agency
that may act under the convention.
Initiation by child support services agency of support
proceeding under the convention. Specifies that the
Alaska child support services agency provides
enforcement services in child support proceedings to
establish, modify, and enforce child support in
foreign and domestic proceedings.
Direct request. Provides that an individual may
request to establish, modify, or enforce a child
support order under the applicable laws of the state,
but does not require the child support services agency
to provide assistance to the petitioner who is filing
the request. This section provides that the statutes
applying to the convention do not prohibit the use of
the simplified and expedited rules in Alaska law for
recognition and enforcement of foreign support orders.
Registration of convention support order. Provides the
necessary documents to register a foreign support
order including: the order and verification of its
enforceability in the country it came from, the total
arrears, and the due process rights of the respondent.
This section provides that the court does not have to
register an order if it finds that it would be
contrary to public policy and must promptly notify the
parties if the order is not registered.
Contest of registered convention support order.
References to statutes that apply to contested
registration of a support order and provides the
regulations for registering a support order under the
Hague Convention, specifically the timelines for
contesting registration and the basis for contesting
the registration.
Recognition and enforcement of registered convention
support order. Provides the circumstances under which
Alaska may refuse to register a support order that is
under the Hague Convention.
Partial enforcement. Provides that when one part of a
foreign order can be enforced and one part cannot the
court shall enforce the part that can be enforced.
Foreign support agreement. Provides the terms under
which a foreign support agreement can be recognized
and enforced in Alaska.
Modification of convention child support order.
Provides that an Alaska tribunal cannot modify a child
support order when the obligee is still a resident of
the foreign country where the order was issued unless
that obligee agrees that Alaska has jurisdiction, the
foreign court refuses to exercise jurisdiction, or the
order could not be registered because of a lack of
jurisdiction, fraud, or lack of authenticity of the
order in the foreign jurisdiction.
Personal information; limit on use. Personal
information under these section is only to be used for
the purposes for which it was gathered.
Record in original language; English translation.
Provides that a record of the court proceedings from
the foreign country must be in its original language
and if not in English must come with an English
translation.
Sections 82 through 84 makes conforming technical
changes.
Section 85 clarifies that uniformity is promoted and
encouraged.
Section 86 repeals AS 25.25.205(f), 25.25.206(c),
25.25.301(b), and 25.25.401(c). These sections address
spousal support. A new section, 25.25.281 will address
spousal support. See Section 25 of the bill.
Section 87 Applicability. Adds that the effective date
applies to proceedings that are started on or after
the effective date of this act to any action to
determine parentage, or register, recognize, modify,
or enforce an order or agreement.
Section 88 Transition provisions. Provides that the
Department of Revenue may adopt regulations to
implement changes by this act.
Section 89 Revisor's instruction. Directs the revisor
to change the headings or catch lines for certain
affected sections of the chapter.
Section 90 Effective date. Section 88 addressing,
addressing regulations, is effective immediately.
Section 91 Effective Date. The Act is effective July
1, 2015.
1:55:56 PM
SENATOR COGHILL asked if current statutory regulations will need
to be changed.
MS. STEINBERG replied none have been identified.
SENATOR COGHILL observed that the capacity for public comment on
regulations appears to be limited.
MS. STEINBERG replied there is a public comment period for
regulations. Responding to a further comment, she said there
isn't be much flexibility but the regulations that are in place
will probably be sufficient.
SENATOR COGHILL asked if this helps or hinders communication
between states and nations.
MS. STEINBERG replied UIFSA makes interstate enforcement of
collecting support much more efficient and effective. The goal
of the multilateral treaty is to extend that to foreign
countries.
2:01:14 PM
SENATOR COGHILL spoke to the importance of getting the original
order right.
MS. STEINBERG agreed, and added that the other goal in child
support enforcement is the requirement for all states to have a
uniform set of child support guidelines that can be easily
applied.
SENATOR COSTELLO asked how many Alaska children are involved in
child support services and how many have parents in foreign
countries.
MS. BEECHER advised that about 49,000 Alaska children are
currently in a child support case. Based on a sample survey,
about 42 percent have a parent who lives outside the U.S.
SENATOR COGHILL expressed interest in knowing how many are and
are not European.
MS. BEECHER responded that, based on the sample, a large
majority are German.
CHAIR MCGUIRE thanked the presenters for the work they do for
children.
2:04:11 PM
CHAIR MCGUIRE announced she would hold SB 51 for further
consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB51 Sectional Analysis.pdf |
SJUD 2/27/2015 1:30:00 PM |
SB 51 |
| SB51 Doc_1 Uniform Law Commission Summary.pdf |
SJUD 2/27/2015 1:30:00 PM |
SB 51 |
| SB51 Doc_2 UIFSA (2008) Why States Should Adopt.pdf |
SJUD 2/27/2015 1:30:00 PM |
SB 51 |
| SB51 Doc_3 Uniform Law Commission Map of States.pdf |
SJUD 2/27/2015 1:30:00 PM |
SB 51 |
| SB51 Doc_4 UIFSA Testimony_Beaver.pdf |
SJUD 2/27/2015 1:30:00 PM |
SB 51 |
| SB51 Doc_5 Letter to House State Affairs Committee.pdf |
SJUD 2/27/2015 1:30:00 PM |
SB 51 |
| SB51 Doc_6 Supporting At-Risk Kids Act.pdf |
SJUD 2/27/2015 1:30:00 PM |
SB 51 |
| SB51 Doc_7 HCCH International Recovery of Child Support.pdf |
SJUD 2/27/2015 1:30:00 PM |
SB 51 |
| SB51 Doc_8 HCCH Countries.pdf |
SJUD 2/27/2015 1:30:00 PM |
SB 51 |
| SB51 Doc_9 US Senate Press Release.pdf |
SJUD 2/27/2015 1:30:00 PM |
SB 51 |
| SB51 Doc_10 Public Law Strengthening Families Act.pdf |
SJUD 2/27/2015 1:30:00 PM |
SB 51 |
| SB51 Doc_11 Title 42 Public Health and Welfare.pdf |
SJUD 2/27/2015 1:30:00 PM |
SB 51 |