05/07/1997 05:16 PM Senate FIN

                                                                               
       CS FOR SENATE BILL NO. 154(HES)                                         
                                                                               
       "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."                                         
                                                                               
  Glenda Straube,  Child Support  Enforcement  was invited  to                 
  join the committee.   She explained  the HES version of  the                 
  bill before the  committee.  It included  changes in federal                 
  mandates applicable for all states.                                          
  Jim Nordlund, Division  of Public Assistance was  invited to                 
  join the committee.  He  said this bill, if passed into  law                 
  would result in  penalties for violators.  With reference to                 
  the impact on the  agency, he said it would  be difficult if                 
  federal  funds  were  lost  due   to  non-compliance.    The                 
  Department of Health and Social Services supported the bill.                 
                                                                               
  Ms.  Straube explained  the bill  section by  section.   She                 
  specifically referred  to new  hire reporting  and said  all                 
  employers must report  new or  re-hires within twenty  days.                 
  Senator Parnell asked about section 76  on page 29, line 27.                 
  Ms.  Straube  said  she did  not  know  who  would make  the                 
  determinations.  She noted that crew member fishing licenses                 
  were added in to the bill.  Social security numbers  must be                 
  on all documents and shared with all child support agencies.                 
  However,  the information  was  only to  be  used for  child                 
  support purposes.                                                            
                                                                               
  Senator  Phillips  asked  about the  right  to  privacy with                 
  regards to the  social security number  and would this be  a                 
  violation of one's constitutional rights.                                    
                                                                               
  Dan Branch,  Assistant Attorney General,  Department of  Law                 
  was  invited  to join  the committee.    He said  the social                 
  security number was protected by federal law.  He would look                 
  up and provide  the necessary  information to the  committee                 
  with regards to use of the  social security number.  Senator                 
  Phillips had  noted that  one does  not have  to list  their                 
  social security number on documents any more.                                
                                                                               
  Ms. Straube  continued explaining the  bill.  She  said once                 
  established,  paternity could  not be rescinded  after sixty                 
  days without court process.   Punitive fathers could request                 
  blood tests and the Division would provide these tests.  She                 
  further said all agencies must provide employment records as                 
  applicable because  there could be multiple  cases involving                 
  the same  party.   A state  agency  or a  court order  could                 
  require a participant to be employed.  She cited cases where                 
                                                                               
                                                                               
  individuals were appropriately employed and now paying child                 
  support payments.   The State of Alaska  also respects liens                 
  from other states.  The  department recognized use of  first                 
  class mail after all diligent methods had been exhausted  to                 
  notify the individual regarding child support.  There was no                 
  statute of limitations  on reporting  arrears to the  credit                 
  bureau.  Further not mandated but  included in the bill was:                 
  1.  one  rate of interest  for the child  support debt  (see                 
  section 12 and  13, judgments  and decrees); 2.   the  child                 
  support  order  would be  corrected  if based  on fraudulent                 
  information.                                                                 
                                                                               
  Senator Torgerson  asked about  section  13 (AS  25.27.025).                 
  Ms.  Straube   indicated   she   would   provide   requested                 
  information after research.   Under section 111  she said no                 
  could withhold employment  if it  was known the  perspective                 
  employee owed child support.  It should be clearly known the                 
  individual  is  responsible for  the  child whether  a court                 
  order for child support is received or not.                                  
                                                                               
  There was  miscellaneous discussion between  Senator Parnell                 
  and Ms. Straube regarding enforcement of child support.  She                 
  did indicate  that the department could not override a court                 
  order.   Further under  section 111,  (5), everything  would                 
  automatically conform according to federal mandate.                          
                                                                               
  Senator Torgerson asked  if passage of this bill  was urgent                 
  and Ms. Straube indicated that it was.                                       
                                                                               
  Co-chair Sharp held the bill  in committee and advised  that                 
  he would bring it up again on tomorrow morning's calendar.                   
                                                                               
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  Co-chair  Sharp  adjourned the  session  at 6:32  p.m. until                 
  tomorrow morning.