Legislature(2009 - 2010)
04/16/2009 05:11 PM House FIN
| Audio | Topic |
|---|---|
| SB1 | |
| HB88 | |
| HB151 | |
| SB57 | |
| SB96 | |
| SB170 | |
| SB114 | |
| SB75 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CS FOR SENATE BILL NO. 96(FIN)
"An Act relating to nonpayment of child support, to the
definition of the term "state" for the purposes of the
Uniform Interstate Family Support Act, to certain
judicial and administrative orders for medical support
of a child, to periodic review and adjustment of child
support orders, to relief from administrative child
support orders, to child support arrearages, and 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."
LINDA ZOG, STAFF, SENATOR BETTYE DAVIS, introduced the bill
and read from the Sponsor Statement (copy on file). Senate
Bill 96 brings the state into compliance with the federal
government regulations adopted in July 2008, which requires
states to have guidelines addressing how either or both
parents will provide for a child's health care needs. If a
parent is ordered to pay for health care including cost
medical support, the Child Support Services Division (CSSD)
must enforce the ongoing medical support obligation as well
as collect any cash medical support arrears. Failure to
satisfy these mandated requirements jeopardizes $85 million
in federal funding for both the Alaska Child Support Program
and Temporary Assistance for Needy Families (TANF). The bill
adds an "Indian tribe" and the "United States Virgin
Islands" to the definition of state. The bill adds to
existing law the authority for a tribunal to order either or
both parents to pay cash medical support, if warranted. In
addition, the bill directs CSSD to review child support
orders for modification on a federally mandated three-year
cycle. The bill adds "cash medical support" to the
definition of arrears, and to the definition of support
order, enabling Child Support Enforcement to use existing
enforcement tools to collect a cash medical support
obligation on behalf of the child. Finally, the bill removes
the language of who may request the correction of a clerical
mistake in an administrative order, or request the vacation
of an administrative order based on defaulted information.
The bill assures $85 million to the state for child support
enforcement and TANF.
7:04:48 PM
GINGER BLAISDELL, DIRECTOR, DIVISION OF ADMINISTRATIVE
SERVICES, DEPARTMENT OF REVENUE, presented a list of people
available to answer specific questions regarding the bill.
Co-Chair Hawker asked if the department and the governor
support the bill. Ms. Blaisdell reported that they do.
7:05:59 PM
Vice-Chair Thomas MOVED to adopt Amendment 2:
Page 2, line 8, following "order.":
Delete "In adopting UIFSA conforming amendments, the
legislature does not intend to grant or restrict tribal
jurisdiction to enter, modify, or enforce child support
orders, and the amendments are not intended, either
directly or impliedly, to acknowledge, expand, or
restrict tribal jurisdiction."
Insert "In adopting UIFSA conforming amendments, the
legislative intent is:
(1) to remain neutral on the issue of the underlying
child support jurisdiction, if any, for the
entities listed in the amended definition of
"state."
(2) not expand or restrict the child support
jurisdiction, if any, of the listed "state"
entities in the amended definition; and
(3) not to assume or express any opinion about whether
those entities have child support jurisdiction
either in fact or in law."
Renumber accordingly.
Co-Chair Hawker OBJECTED for discussion.
7:06:30 PM
PETER PUTZIER, SENIOR ASSISTANT ATTORNEY GENERAL, DEPARTMENT
OF LAW, explained that Amendment 2 relates to the
legislative intent language. The legislative intent language
applies only to the Uniform Interstate Family Support Act
(UIFSA) portion of the legislation and is related to State
of Alaska Statute 25.25. The intent was to specify, with the
writing of the amendment, that the department was not
reshaping or restructuring state tribal governmental
relationships, or making a broad jurisdictional statement.
Rather, the intent was to make a technical amendment to
unify Alaska with the rest of the nation and with the
federal act.
Co-Chair Hawker WITHDREW his objection. There being NO
OBJECTION, Amendment 2 was ADOPTED.
7:09:37 PM
Co-Chair Hawker requested that legislative legal be allowed
to make technical changes to the amendment. Mr. Putzier
pointed out that many parties had negotiated in determining
the final language of the amendment. He requested that it go
forward as written.
Co-Chair Hawker withdrew his request to grant authority to
legislative legal to make technical changes to the
amendment. He requested that the amendment be drafted as
written.
7:11:56 PM
Representative Foster asked Mr. Robert Loescher to discuss
the amendment.
ROBERT W. LOESCHER, TRIBAL JUDICIARY COMMITTEE MEMBER,
CENTRAL COUNCIL TLINGIT & HAIDA INDIAN TRIBES OF ALASKA,
shared that the amendment being offered was satisfactory to
the council and urged committee support.
7:13:17 PM
Co-Chair Hawker opened public testimony, none being offered,
public testimony was closed.
7:15:09 PM
Representative Gara asked if it would be possible to work
with the bill's sponsors and the chairs of both finance
committees, to incorporate foster care reform legislation
into the bill. Co-Chair Hawker was hesitant to hold the bill
in committee. Representative Gara said that he would speak
to the necessary channels before the bill was heard on the
House floor.
Co-Chair Hawker noted the zero fiscal note.
Ms. Blaisdell pointed out that the passing of the
legislation would be of no additional cost to the
department. She warned that there was a chance that the
state could lose up to $85 million if the legislation did
not pass.
7:17:38 PM
Vice-Chair Thomas MOVED to report HCS CSSB 96 (FIN), as
amended, out of Committee with individual recommendations
and the accompanying fiscal note. There being NO OBJECTION,
it was so ordered.
HCS CSSB 96 (FIN) was REPORTED out of Committee with a "do
pass" recommendation and with zero fiscal note #1 by the
Department of Revenue.
7:19:02 PM
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