Legislature(1997 - 1998)
03/20/1998 09:08 AM Senate HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 252 - PATERNITY/CHILD SUPPORT/NONSUPPORT CRIMES
CHAIRMAN WILKEN informed committee members that the Department of
Revenue wrote a letter to the committee addressing several
questions that were raised during its previous hearing on SB 252.
He explained the content of that letter was rolled into a committee
substitute for SB 252 which is labeled "version B."
SENATOR LEMAN moved to adopt CSSB 252(HES), version B, as the
working document of the committee. SENATOR ELLIS objected for the
purpose of an explanation.
CHAIRMAN WILKEN asked Barbara Miklos, Director of the Child Support
Enforcement Division, to provide the committee with an explanation
of the changes made in the committee substitute. MS. MIKLOS
deferred to Dan Branch of the Department of Law.
Number 460
DAN BRANCH, Assistant Attorney General, Department of Law,
explained the main changes in version B were made in response to
information received from the federal government and, in part,
because of information from the National Conference of State
Legislatures received from Senator Green during the last hearing.
The main difference between version B and the original version is
that version B removes the requirement that courts, in contempt
actions, can revoke the sport fishing and hunting licenses for
failure to honor a child support subpoena or paternity order.
Several provisions were removed throughout the bill that would have
given courts the authority to do that.
Number 447
SENATOR GREEN asked if the requirement to report anyone who has
applied for a sports license directly to CSED was removed.
MR. BRANCH asked for clarification of the question.
SENATOR GREEN asked if this bill passes, whether sports fishing and
hunting license applicants' names will not be entered into a CSED
database.
MR. BRANCH responded that federal mandates still require social
security numbers of applicants be provided on sports hunting and
fishing license applications. CSED has the right to access that
information to pass on to the federal government.
There being no further objection to the adoption of the committee
substitute, CSSB 252(HESS) was adopted.
MS. MIKLOS pointed out it is true that the social security number
reporting requirements are part of the federal statute, but there
is not going to be a process by which the Department of Fish and
Game will be reporting all license applicants' social security
numbers to CSED.
SENATOR WARD questioned whether there is a federal requirement to
do so, but CSED does not expect the Department of Fish and Game to
comply.
MS. MIKLOS clarified that the federal act requires that the social
security information be disclosed on the fishing license
application, so that will be collected, but there is no process by
which those numbers and names will be reported to CSED because
under this version of the bill, a fishing or hunting license can
only be taken away if ordered by a judge. She noted this version of
the bill differs from last year's version in the court order
requirement.
SENATOR WARD confirmed that the information would be gathered but
not disclosed.
MS. MIKLOS said the information would be available at the
Department of Fish and Game if someone asked for it, which is the
purpose of gathering the information.
SENATOR GREEN questioned whether that would mean that if CSED was
looking for a certain person and suspected the person had a fishing
license, CSED could request the Department of Fish and Game to do
a search for information on that person.
MS. MIKLOS said that was correct. She commented that the general
purpose behind proposing these revisions to the legislation was
the committee's concern that this legislation contain nothing other
than the provisions required by the federal government. Based on
the information received from the National Conference on State
Legislatures, plus information from the federal government,CSED
felt it could offer these amendments without jeopardizing its
mandate to meet federal requirements. She added this bill will be
traveling afar after leaving the HESS committee, and it is CSED's
intent to work with the Legislature to make this bill acceptable.
Number 400
SENATOR GREEN questioned whether there is a different reporting
standard that will be applied toward large employers with major
computer networks and access to getting information directly to
CSED, and small employers who do not have computer systems or a
mechanism by which to regularly report the names to CSED.
MS. MIKLOS said absolutely because the employer may choose the
mechanism by which they report. Many of the larger employers are
already transferring the information electronically. The smaller
employer may send CSED a form of their choice or a copy of W-4
forms.
SENATOR GREEN asked what the time frame is for transmitting W-4
forms.
MS. MIKLOS replied the federal requirement for all employers is 20
days.
SENATOR GREEN asked if CSED has a waiver process to where it can
make inquiries of smaller employers about new employees.
MS. MIKLOS answered CSED could, but CSED is willing to work with
smaller employers to set up systems that work for them.
Number 378
CHAIRMAN WILKEN asked Senator Ward if he could provide any
information to the committee about the status of similar
legislation in the State of Idaho.
SENATOR WARD stated the State of Idaho received a formal notice
from the federal Department of Health and Human Services that
stated it did not approve of the State of Idaho's plan to comply.
He asked Ms. Miklos whether the State of Alaska has received such
a notice.
MS. MIKLOS said she had not.
SENATOR WARD indicated when the State of Idaho received its notice,
it requested a formal hearing. He asked Ms. Miklos at what point
she thought the State of Alaska would receive such a notice from
the Department of Health and Social Services disapproving a lack of
action on the part of the Legislature, concerning this legislation.
MS. MIKLOS replied that in her discussion with representatives of
the federal government, she thinks it would be shortly after the
legislative session ended.
SENATOR WARD asked, at that time, if the Legislature has taken no
action or an action deemed inadequate by the federal government,
then the State of Alaska would immediately have to file a request
for a formal hearing. He also asked if any other states have filed
formal requests for hearings.
MS. MIKLOS said the State of Idaho did and that states are required
to file within 60 days, otherwise the loss of federal funds is
automatic. Requesting a formal hearing provides a state with an
opportunity to discuss with federal officials the reasons for non-
compliance and an additional 60 days to comply. She did not know
of any state that has had a formal hearing.
SENATOR WARD asked if the State of Florida has requested a formal
hearing.
Number 351
MS. MIKLOS said she did not know, but the states that have
requested the hearings are doing so because they must. She added
that legislation has passed the Idaho House of Representatives and
is now in the second reading the Senate as of yesterday, in order
to comply with the federal requirements. She believed the Idaho
Legislature will be adjourning shortly so CSED should know what
action it took within a week or so.
SENATOR WARD indicated his understanding is that the Idaho Senate
is working on a committee substitute right now.
There being no further questions or testimony about the
legislation, SENATOR GREEN moved CSSB 252(HESS) out of committee
with individual recommendations, with the understanding that she
would be working on this legislation in the Senate Resources
Committee. There being no objection, the motion carried.
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