04/09/2009 09:00 AM Senate FINANCE

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.