Legislature(2015 - 2016)CAPITOL 106

02/19/2015 08:00 AM House STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 106 UNIFORM INTER.CHILD SUPPORT;PARENTAGE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 68 ELECTRONIC DISTRIB. OF REPORTS TELECONFERENCED
Moved CSHB 68(STA) Out of Committee
+= HB 93 PROBATION AND PAROLE: WORK, TRAVEL ACCOM. TELECONFERENCED
Moved CSHB 93(STA) Out of Committee
          HB 106-UNIFORM INTER.CHILD SUPPORT;PARENTAGE                                                                      
                                                                                                                                
8:14:22 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN announced  that the  final order  of business  was HB
106,  HOUSE  BILL  NO.  106,  "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."                                                                                    
                                                                                                                                
8:14:38 AM                                                                                                                    
                                                                                                                                
JERRY BURNETT, Deputy Commissioner,  Department of Revenue (DOR),                                                               
presented  HB  106   on  behalf  of  the   House  Rules  Standing                                                               
Committee, sponsor,  by request  of the  governor.   He explained                                                               
that  HB 106  is proposed  in order  to adopt  federally accepted                                                               
changes  to the  Uniform Interstate  Family Support  Act (UIFSA).                                                               
He said  he would ask  Ms. Steinberg  and Ms. Beecher  to present                                                               
the proposed legislation.   Mr. Burnett stated  the Child Support                                                               
Services Division  serves approximately  one-sixth of  the people                                                               
in  Alaska and  receives  approximately $20  million annually  in                                                               
federal funding.  He emphasized  the importance of the passage of                                                               
HB 106 to the continued operation of the division.                                                                              
                                                                                                                                
MR. BURNETT,  in response to Chair  Lynn, said HB 106  would make                                                               
Alaska's international  and interstate child  support collections                                                               
laws consistent  with that of other  states.  He deferred  to Ms.                                                               
Steinberg  and opined  that every  state, and  a number  of other                                                               
jurisdictions,  have  programs under  Title  IV-D  of the  Social                                                               
Security Act.                                                                                                                   
                                                                                                                                
8:16:48 AM                                                                                                                    
                                                                                                                                
STACY  STEINBERG, Chief  Assistant Attorney  General, Collections                                                               
and Support  Section, Civil  Division (Anchorage),  Department of                                                               
Law  (DOL),  in  response  to  Chair  Lynn's  previous  question,                                                               
related that  the proposed legislation would  bring Alaska's laws                                                               
and that of  the other 49 states, Washington,  D.C., Guam, Puerto                                                               
Rico, and  the U.S. Virgin  Islands, under the same  uniform law.                                                               
In response  to a follow-up  question, she  said that all  of the                                                               
other states currently  have a version of UIFSA.   She added that                                                               
12  states  adopted  the  2008   version,  19  states  introduced                                                               
legislation that is pending, and  the remaining jurisdictions are                                                               
currently drafting bills.                                                                                                       
                                                                                                                                
8:18:00 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN asked how an amendment  made by one state might affect                                                               
the legislation throughout the other states.                                                                                    
                                                                                                                                
MS.  STEINBERG answered  that it  would have  a dramatic  effect,                                                               
because a uniform law must be enacted without change.                                                                           
                                                                                                                                
CHAIR LYNN  asked whether the  legislation would have to  go back                                                               
to the other states to address any changes made here.                                                                           
                                                                                                                                
MS. STEINBERG answered no.   She related that the legislation was                                                               
recommended  by  the  [National Conference  of  Commissioners  on                                                               
Uniform State Laws].  She continued:                                                                                            
                                                                                                                                
     It is  important, because CSSD receives  federal funds,                                                                    
     and to  make sure this  whole process works,  they have                                                                    
     tied it  to CSSD's funding  - to continue  [to] receive                                                                    
     federal funding.                                                                                                           
                                                                                                                                
MS.  STEINBERG stated  that because  the  U.S. signed  on to  The                                                               
Hague  Convention, in  order  for it  to be  able  to ratify  the                                                               
convention,  all  its  states and  jurisdictions  have  to  adopt                                                               
uniform   laws  to   have  processes   in  place   necessary  for                                                               
international child  support cases.   She said Ms.  Beecher would                                                               
address this issue in more detail.                                                                                              
                                                                                                                                
8:19:21 AM                                                                                                                    
                                                                                                                                
MS. STEINBERG, in response to  Chair Lynn, said Ms. Beecher would                                                               
give the  committee an  overview and  Ms. Steinberg  would follow                                                               
with a sectional analysis of HB 106.                                                                                            
                                                                                                                                
8:19:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER asked  whether a "no vote"  would mean that                                                               
he was  not going  to go  along with  the other  states or  if it                                                               
meant something specifically related to CSSD.                                                                                   
                                                                                                                                
MS.  STEINBERG responded,  "It does  a couple  different things."                                                               
She  said  The  Hague   Convention  brought  different  countries                                                               
together to attempt effective  enforcement of international cases                                                               
where people are moving to  different countries.  The U.S. signed                                                               
on to the  convention, but the states must make  changes in their                                                               
laws in  order to ratify the  treaty.  She explained  the purpose                                                               
of the  proposed legislation  is to make  those changes  in state                                                               
law, so  the U.S. could  ratify the  treaty.  She  emphasized the                                                               
importance of Alaska's ability to  enforce international cases to                                                               
the  benefit  of  its  citizens.   Further,  she  emphasized  how                                                               
vitally critical this  issue is for the  division, which receives                                                               
a  66  percent  federal  match totaling  $19-$20  million.    The                                                               
proposed legislation must be passed  in order for the division to                                                               
continue  to receive  that federal  funding,  and it  must be  in                                                               
effect by July 1, 2015.   She added that the proposed legislation                                                               
would  also   benefit  Alaskans  who   may  be  involved   in  an                                                               
international child support case.                                                                                               
                                                                                                                                
8:22:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER said  he had no problem with  the intent of                                                               
the bill, but  said he could not help but  be a little frustrated                                                               
that the only options for the proposed legislation is yes or no.                                                                
                                                                                                                                
REPRESENTATIVE STUTES asked for  confirmation that the option was                                                               
to pass the bill, as is, or not at all.                                                                                         
                                                                                                                                
MS. STEINBERG answered that is correct.                                                                                         
                                                                                                                                
8:23:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  opined that  the committee  was dealing                                                               
with  an  international  treaty  for  child  support  that  would                                                               
involve  substantial   changes  in  the  way   child  support  is                                                               
collected.  He said only six  or seven countries had ratified the                                                               
treaty,  and noted  a  question  about what  the  penalty if  the                                                               
legislature does not  adopt the legislation or  adopts changes to                                                               
it.   He reviewed, adoption of  a uniform law doesn't  have to be                                                               
word  for word;  it  just  has to  be  substantially similar  and                                                               
uniform  in  its application.    He  said changes  are  annotated                                                               
within uniform law.                                                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG said he had  asked "these folks" to have                                                               
a  witness  from  the federal  government  who  could  personally                                                               
answer what  [the Alaska State  Legislature] could and  could not                                                               
do  and  what  the  ramifications  would  be.    He  offered  his                                                               
understanding that  there would  be two  steps:   [U.S. Congress]                                                               
must pass  the uniform  law and  all the  states must  ratify the                                                               
treaty.   If  even one  state does  not adopt  the law,  then the                                                               
treaty cannot  be ratified.   He said he wanted  first-hand proof                                                               
of that.                                                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG  recalled the former testifier  had said                                                               
that 12 [states]  had adopted the law, but he  said he thought he                                                               
had been told  that 38 had adopted it and  wanted that clarified.                                                               
He  indicated   concern  about   rushing  through   the  proposed                                                               
legislation.                                                                                                                    
                                                                                                                                
CHAIR LYNN  assured Representative  Gruenberg that  the committee                                                               
would not rush.                                                                                                                 
                                                                                                                                
8:26:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG   further  cautioned  rushing   into  a                                                               
decision without  knowing if  every other  single state  would be                                                               
adopting  the legislation  or knowing  whether there  were enough                                                               
votes in the U.S. Senate  to enter into the international treaty.                                                               
He  reiterated  that  he  would  like  some  of  these  questions                                                               
answered  directly regarding  the restriction  on making  changes                                                               
and the July  1 deadline.  He  said he doesn't think  the bill is                                                               
bad, but opined the legislature  needs to know what discretion it                                                               
has in the  matter.  He asked whether he  was substantially wrong                                                               
in anything he had just said in summary of the issue.                                                                           
                                                                                                                                
8:27:51 AM                                                                                                                    
                                                                                                                                
CAROL BEECHER, Director, Child  Support Services Division (CSSD),                                                               
Department of  Revenue, in response to  Representative Gruenberg,                                                               
offered  her understanding  that approximately  33 countries  had                                                               
signed  on,  including the  European  Union,  which comprises  28                                                               
countries.    She  indicated that  the  other  countries  include                                                               
Hungary, Ukraine, Burkina Faso, and Albania.                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  he  assumed  that the  [European]                                                               
Union's having signed  on binds those countries.   He offered his                                                               
understanding  that  there  was  a country  in  Africa  that  had                                                               
joined.                                                                                                                         
                                                                                                                                
8:28:44 AM                                                                                                                    
                                                                                                                                
MS. BEECHER announced she would  give a general background on the                                                               
history of child  support programs in the U.S.   She relayed that                                                               
in 1975, child support programs  were formed by the U.S. Congress                                                               
through [Title IV, Part D] of  the Social Security Act.  She said                                                               
the initial  purpose was a  recovery program for monies  spent by                                                               
governmental entities for welfare programs.   Over time the child                                                               
support program  proved an  effective way  of keeping  people off                                                               
welfare  with the  focus becoming  family oriented.   She  stated                                                               
that  the  child support  programs  are  funded 66  percent  with                                                               
federal funds  and 34  percent with  state funds.   She  said all                                                               
states and  U.S. jurisdictions  were mandated  to adopt  UIFSA in                                                               
1996, and the jurisdictions had done  so by 1998.  She said there                                                               
are several versions  that have had amendments  applied; in 2007,                                                               
the U.S. signed  on to The Hague Convention  on the International                                                               
Recovery of Child Support and  Other Forms of Family Maintenance.                                                               
She continued as follows:                                                                                                       
                                                                                                                                
     The 2008 Uniform Law Commission  then took the language                                                                    
     from  that, as  mandated by  that treaty,  and that  is                                                                    
     what is incorporated  in this version, in  Article 7 of                                                                    
     this bill that you have before you.                                                                                        
                                                                                                                                
8:31:05 AM                                                                                                                    
                                                                                                                                
MS. BEECHER  stated that the  new Preventing Sex  Trafficking and                                                               
Strengthening  Families  Act was  passed  in  September 2014  and                                                               
signed  by President  Barack Obama.   She  said, it  requires the                                                               
passage  of UIFSA  2008 into  law by  the various  states in  the                                                               
Union  during  the first  session  of  the legislature,  and  for                                                               
Alaska that is by July 1,  2015.  She explained that this mandate                                                               
is  tied to  funding, which  means that  federal monies  would be                                                               
lost if Alaska  does not enact the  law.  She added  that part of                                                               
the Act requires that [HB 106] be adopted verbatim.                                                                             
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  asked  whether  Ms.  Beecher  was                                                               
saying  that the  law  passed  by Congress  read  that all  state                                                               
legislatures  must pass  [the proposed  legislation]  by July  1,                                                               
2015.                                                                                                                           
                                                                                                                                
MS. BEECHER answered that is correct.                                                                                           
                                                                                                                                
8:32:40 AM                                                                                                                    
                                                                                                                                
MS.  STEINBERG  clarified  that existing  federal  law  under  42                                                               
U.S.C. 666,  read that all states  had to adopt the  1996 version                                                               
of  UIFSA.    She  said   the  [Preventing  Sex  Trafficking  and                                                               
Strengthening Families Act] was just  signed in September, and it                                                               
"updated  and amended  those sections  to replace  1996 with  the                                                               
2008 version of UIFSA."                                                                                                         
                                                                                                                                
MS.  STEINBERG,  in  response to  Representative  Kreiss-Tomkins,                                                               
said she did not know what the  vote total was, but could look up                                                               
the information.                                                                                                                
                                                                                                                                
8:33:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  offered  his  understanding  that  Ms.                                                               
Beecher had  said that Alaska  "may" lose  funding if it  did not                                                               
comply with the  mandate, and he asked her if  she meant "may" or                                                               
"will."                                                                                                                         
                                                                                                                                
MS. BEECHER advised that within  the Uniform Commission documents                                                               
the word is "may."                                                                                                              
                                                                                                                                
CHAIR LYNN  asked who the  person [or  group] would be  to decide                                                               
whether to do it or not,                                                                                                        
                                                                                                                                
MS.  BEECHER  asked Chair  Lynn  if  he  was asking  who  decides                                                               
whether or  not the  mandate is that  the legislation  be adopted                                                               
verbatim.                                                                                                                       
                                                                                                                                
CHAIR LYNN answered yes.                                                                                                        
                                                                                                                                
MS.  BEECHER said  she did  not know,  but could  check with  the                                                               
department's representative,  who is  part of the  federal Office                                                               
of Child Support Enforcement.                                                                                                   
                                                                                                                                
8:34:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  stated three  issues:   verbatim versus                                                               
non-verbatim; may  versus will;  and what we're  relying on.   He                                                               
opined that  when dealing with  a treaty, the committee  needs to                                                               
hear directly  from "someone from  the top."   He said  he thinks                                                               
this  issue  may  be  one  of  federal,  or  even  international,                                                               
overreach.    He  said  before  Alaska  gives  away  any  of  its                                                               
sovereignty, he wants to be sure it is necessary to do so.                                                                      
                                                                                                                                
CHAIR  LYNN expressed  his appreciation  for what  Representative                                                               
Gruenberg stated.                                                                                                               
                                                                                                                                
8:36:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  observed  that the  requirement  for  all                                                               
states to be  in agreement would put any one  state in a position                                                               
of power.  He asked whether that point had been considered.                                                                     
                                                                                                                                
MS. BEECHER  answered that  it had,  and that  all of  the states                                                               
have uniform law commissioners "who  had part in these amendments                                                               
and in the drafting of UIFSA 2008."  She continued as follows:                                                                  
                                                                                                                                
     The original UIFSA was put  together by the states, and                                                                    
     ... worked so well  that the federal government decided                                                                    
     to mandate it  in 1996.  All of the  states did sign on                                                                    
     to it within the two years.   ... I'm sure part of that                                                                    
     is because of the tie to the federal funding.                                                                              
                                                                                                                                
8:37:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  said there were previous  Acts, such as                                                               
the Revised  Uniform Reciprocal Enforcement  of Support  Act, and                                                               
even though the  Acts were tied to federal funding,  that did not                                                               
mean  [each   state's  corresponding   legislation]  had   to  be                                                               
verbatim.   He  said  there  is a  large  volume  of bound  books                                                               
entitled,  The Uniform  Laws Annotated,  which  list the  Uniform                                                             
Acts and  every change  made by  every state.   He  ventured that                                                               
many  states had  individual changes,  but those  changes neither                                                               
destroyed  the  uniformity  in the  Act  nor  disqualified  those                                                               
states from  federal funding.  He  asked Ms. Beecher if  she knew                                                               
whether he was right.                                                                                                           
                                                                                                                                
MS. BEECHER answered she did not know.                                                                                          
                                                                                                                                
REPRESENTATIVE GRUENBERG pointed out  that was something else the                                                               
committee needed to know.  He  said normally a uniform act can be                                                               
enacted and  changes can be made  to it as long  as those changes                                                               
do not destroy the uniformity.   He said the [National Conference                                                               
of Commissioners on  Uniform State Laws] want to  make them broad                                                               
so states adopt them.                                                                                                           
                                                                                                                                
8:39:25 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN  asked whether  that  was  the same  as  initiatives,                                                               
wherein  regulations drafted  cannot  destroy the  intent of  the                                                               
initiative.                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG answered yes,  and talked about a method                                                               
by which Alaska  adopts uniform rules.  He said  he was wondering                                                               
whether other countries felt constrained  from not being able "to                                                               
change  anything in  their internal  enactment of  these things."                                                               
He said at times the state  is asked to support various treaties,                                                               
and the question  is whether the state can make  changes in those                                                               
treaties.  He  opined that the Law of the  Sea Treaty was brought                                                               
before the  U.S. Senate with  many changes, and  President Ronald                                                               
Reagan  did not  like the  treaty until  changes were  made.   He                                                               
advised that this is not an easy issue.                                                                                         
                                                                                                                                
8:41:37 AM                                                                                                                    
                                                                                                                                
MS.  BEECHER  pointed out  that  the  proposed legislation  would                                                               
clean up  some of the language  in the 1996 version  of UIFSA; it                                                               
would add  definitions to  include foreign  countries.   She said                                                               
the 1996  version was instrumental  in clearing up the  method of                                                               
determining jurisdictional issues  and controlling orders between                                                               
states.  Prior to that, someone  could get an order in one state,                                                               
then move  to another state  and get another  order there.   As a                                                               
result, it was  difficult for the families and  the child support                                                               
agencies  in the  states  to know  which order  to  follow.   Ms.                                                               
Beecher said  interstate orders make up  approximately 33 percent                                                               
of the  child support orders  dealt with by  CSSD.  She  said the                                                               
bulk  of  "this version,"  which  is  41  pages in  length,  adds                                                               
language addressing foreign countries.   She relayed that Section                                                               
7 of  UIFSA is new  and addresses  language adopted at  The Hague                                                               
Convention.   She stated that it  is important to note  that that                                                               
portion  of  this  bill  will  not go  into  effect,  it  is  not                                                               
something that  they will be  following - until  the ratification                                                               
and the passage of this throughout all of the states.                                                                           
                                                                                                                                
8:43:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG asked whether the  rest of the bill, not                                                               
tied to The Hague Convention, would be effective immediately.                                                                   
                                                                                                                                
MS. BEECHER answered yes.                                                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked how many countries  would have to                                                               
ratify  The Hague  Convention  before it  became  effective.   He                                                               
clarified, "In  other words,  let us say  only two  countries had                                                               
ever ratified  it.  Would  it have  been effective for  those two                                                               
countries?"                                                                                                                     
                                                                                                                                
MS. BEECHER  offered her understanding  that the answer  was yes.                                                               
She said, for  those that have signed onto  The Hague Convention,                                                               
it will be in effect for them.   It will not be in effect for the                                                               
United States  until all of the  states have passed it  so it can                                                               
be ratified and the instrument can be signed and ...                                                                            
                                                                                                                                
REPRESENTATIVE   GRUENBERG   interjected   he  was   focused   on                                                               
international,  rather  than  the   internal,  application.    He                                                               
offered a  hypothetical situation wherein the  relevant number of                                                               
states passed the  Act, but the U.S. Senate failed  to ratify the                                                               
treaty.  He said it seemed  to him that even under this scenario,                                                               
the states that had adopted the Act would be bound.                                                                             
                                                                                                                                
MS.  BEECHER responded  that she  did not  believe Representative                                                               
Gruenberg was correct.  She continued as follows:                                                                               
                                                                                                                                
     My  understanding  of the  bill  is  that until  it  is                                                                    
     ratified  by Congress,  which cannot  happen until  all                                                                    
     the  states and  the  territories pass  the UIFSA  2008                                                                    
     bill in  their various jurisdictions, that  it will not                                                                    
     be in effect - the Article 7 component of it.                                                                              
                                                                                                                                
8:45:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG offered  his  understanding that  there                                                               
would be an  immediate effective date, and  he directed attention                                                               
to Sections 90 and  91, on page 41, of HB 106.   He asked whether                                                               
there is  something in Section 7  that says that that  only takes                                                               
effect  upon ratification  of the  treaty,  and said  he did  not                                                               
recall seeing a special delayed effective date on Section 7.                                                                    
                                                                                                                                
MS. STEINBERG  responded that  under HB 106,  the Act  would take                                                               
effect immediately.   She  said she thinks  part of  the question                                                               
addresses  the issue  of treaties  and the  ratification process,                                                               
and  she said  she would  like to  do some  research to  find out                                                               
exactly what the  process is.  She opined that  although the U.S.                                                               
had signed  the treaty, in order  for it to work,  all the states                                                               
would have to pass the UIFSA 2008.   She said the U.S. must agree                                                               
upon a central authority in  each state with whom other countries                                                               
would  interact, and  that would  have to  be done  at the  state                                                               
level.  She continued:                                                                                                          
                                                                                                                                
     So, it's  my understanding  that although the  U.S. has                                                                    
     signed it,  all the states  have to implement  this law                                                                    
     so  we  have everything  in  place,  that we  have  the                                                                    
     structure in  place so  the United  States can  then go                                                                    
     and ratify  it and say, yes,  we have in place  all the                                                                    
     requirements that  are necessary for  us to sign  on to                                                                    
     this treaty.                                                                                                               
                                                                                                                                
8:48:16 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  asked whether  U.S. territories  would have  the same                                                               
requirements related to adoption.                                                                                               
                                                                                                                                
MS. STEINBERG  answered that was  her understanding.   She listed                                                               
the  Virgin  Islands, Guam,  Puerto  Rico,  and the  District  of                                                               
Columbia as the four that are part of the child support program.                                                                
                                                                                                                                
8:48:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  recalled  an  earlier  discussion,  in                                                               
which  someone  had said  some  of  the  states had  adopted  the                                                               
Uniform  Act,  but  with  the  condition  that  it  would  become                                                               
effective only if the treaty were effective.                                                                                    
                                                                                                                                
MS.  STEINBERG  answered  that   was  correct,  but  offered  her                                                               
understanding  that those  states  that did  that  would have  to                                                               
amend  statutes,  because now  that  language  isn't the  correct                                                               
language and that is not the  situation with Alaska.  In response                                                               
to Chair Lynn,  she explained that since UIFSA  2008, some states                                                               
wanted to  jump ahead and  adopt it in  advance, but they  had to                                                               
have a  provision that  said it  would not  be effective  until a                                                               
certain time.   She said she  would have to look  at the specific                                                               
language to  say whether that  specific time was when  the treaty                                                               
was  signed  or when  it  was  ratified.    She said  she  thinks                                                               
Minnesota was one of the states.                                                                                                
                                                                                                                                
8:51:27 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN asked how HB  106 would affect child support receivers                                                               
and providers who move from state to state.                                                                                     
                                                                                                                                
MS. STEINBERG answered that one  component addresses a parent who                                                               
continues to reside  in the U.S., and there are  provisions in HB
106 that would  affect that.  She explained that  HB 106 includes                                                               
changes made  to 2001 UIFSA, as  well as 2008 UIFSA.   The latter                                                               
focuses on  international child  support cases.   She  said there                                                               
are some  changes that clarify  the 1996  version of UIFSA.   She                                                               
related that prior to UIFSA,  there could be multiple orders with                                                               
which  a parent  had to  comply.   She stated  that this  law was                                                               
designed  to  effect  a  "one-order   world,"  and  this  version                                                               
provides  some  additional  changes   detailing  which  state  is                                                               
supposed to be the controlling order determination.                                                                             
                                                                                                                                
MS.  STEINBERG reiterated  that  the 2008  version  would make  a                                                               
difference  for  parents  who have  international  child  support                                                               
cases,  for example,  when  an Alaskan  resident  has an  Alaskan                                                               
child support  order, but  one parent  moves to  another country.                                                               
She  said  it could  also  affect  CSSD's  efforts to  enforce  a                                                               
foreign child support order in Alaska,  in a situation in which a                                                               
parent from  a foreign country  that has  signed on to  The Hague                                                               
Convention  moves  to  Alaska.   She  emphasized  that  the  2008                                                               
changes provide  an efficient method for  enforcing these orders,                                                               
either here  or overseas, and  includes helpful  provisions, such                                                               
as requiring the foreign country  to provide a translation of the                                                               
order.  She  remarked that CSSD had a case  recently where it had                                                               
an order from  another country that had to translated,  at a cost                                                               
of $500.                                                                                                                        
                                                                                                                                
8:55:51 AM                                                                                                                    
                                                                                                                                
MS. STEINBERG  clarified that currently  there are  provisions in                                                               
the current  UIFSA to  provide for  international cases,  but the                                                               
process is not  efficient.  She said, "It  basically says, 'Well,                                                               
if the  foreign country has  laws that are  substantially similar                                                               
to ours, then, you know, Alaska  can recognize that order.'"  She                                                               
said  each state  has tried  to have  reciprocal agreements  with                                                               
foreign countries - for example, CSSD  has one with Germany - but                                                               
if  you have  50  states, and  each  state is  trying  to set  up                                                               
reciprocal agreements  with a  foreign country,  it's not  a very                                                               
efficient process.                                                                                                              
                                                                                                                                
MS.  STEINBERG  stated that  the  initiation  of UIFSA  increased                                                               
interstate  support and  resulted  in  more effective  interstate                                                               
collection.  She remarked that it  wasn't until the '70s and '80s                                                               
that people  really started moving  among states.  Under  the old                                                               
law, often parents would jump from  state to state to avoid their                                                               
child support,  and sometimes it  took up to  a year just  to get                                                               
child support set  up.  She added that there  was a problem under                                                               
the  old laws  with "form  shopping" in  that sometimes  a parent                                                               
would move  to another state to  determine where to get  the best                                                               
support order.                                                                                                                  
                                                                                                                                
MS. STEINBERG pointed  out that it is more common  now for people                                                               
to move  between countries, especially  in the  European nations.                                                               
The  resulting  challenges in  the  collection  of child  support                                                               
cases  include   having  to  work  with   different  time  zones,                                                               
languages, and rules.                                                                                                           
                                                                                                                                
9:00:18 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN  asked  which  countries   in  Central  America  were                                                               
participants in The Hague Convention.                                                                                           
                                                                                                                                
MS. STEINBERG said  she was not certain whether  the countries in                                                               
Central  America had  been participants  in The  Hague Convention                                                               
and  offered  that  none  of  them have  signed  onto  The  Hague                                                               
Convention at this point.                                                                                                       
                                                                                                                                
9:01:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  asked  for  a  specific  case  in                                                               
recent history  where someone  attempted to  escape international                                                               
law or boundaries in an effort to avoid complications.                                                                          
                                                                                                                                
MS. STEINBERG deferred to Ms. Beecher.                                                                                          
                                                                                                                                
9:01:52 AM                                                                                                                    
                                                                                                                                
MS. BEECHER  said she could not  give a specific case.   She said                                                               
currently Alaska  does not have  a lot of international  cases in                                                               
which one of the parties resides  in a foreign country.  She said                                                               
the  division has  many overseas  military cases;  however, those                                                               
cases  are  usually  under  a   U.S.  order.    She  expressed  a                                                               
willingness  to look  for an  example for  Representative Kreiss-                                                               
Tomkins.                                                                                                                        
                                                                                                                                
CHAIR LYNN asked who has jurisdiction.                                                                                          
                                                                                                                                
MS. BEECHER  answered the  country in which  the order  was first                                                               
established.                                                                                                                    
                                                                                                                                
9:03:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER   said  he  would  like   answers  to  the                                                               
following questions:   how  many yearly  cases does  the division                                                               
have in  which the law would  apply, and how much  money comes to                                                               
the state that  funds the CSSD.  He opined  there is zero general                                                               
fund  (GF) impact,  "because this  is pretty  much operated  from                                                               
afar."    He  noted  that  some of  his  constituents  have  been                                                               
frustrated by  the inflexibility and standardization  of the laws                                                               
and  he would  like to  know whether  it is  "just that  block of                                                               
money to fund CSSD in Alaska."                                                                                                  
                                                                                                                                
CHAIR  LYNN asked  Ms. Beecher  and Ms.  Steinberg to  respond to                                                               
those   questions   at   an   appropriate   time   during   their                                                               
presentation.                                                                                                                   
                                                                                                                                
9:05:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG opined that  when a military couple gets                                                               
divorced  in Alaska  with one  stationed overseas  and the  other                                                               
stationed in  another U.S. state,  normally a case would  go back                                                               
to  the Alaska  Superior Court  for  an order  of enforcement  or                                                               
modification.  In the event  an enforcement order is obtained, it                                                               
would  be given  to  the  military and  attached  to the  payor's                                                               
paycheck.   He  asked Ms.  Steinberg  to confirm  whether he  was                                                               
correct.                                                                                                                        
                                                                                                                                
MS. STEINBERG responded  yes.  She said a person  in the military                                                               
maintains  U.S.  residency and  the  jurisdiction  to modify  the                                                               
orders can  remain in  Alaska.  Further,  the enforcement  of the                                                               
order  is fairly  straightforward because  CSSD can  send a  wage                                                               
withholding order, she explained.                                                                                               
                                                                                                                                
9:07:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG surmised  that if  "we passed  this and                                                               
country 'X' does not pass theirs,"  then Alaska would be bound by                                                               
the  provisions, while  country 'X'  would not  be, because  they                                                               
would not be party to the treaty.                                                                                               
                                                                                                                                
MS. BEECHER  responded that CSSD  would deal with those  cases as                                                               
it currently does:   if a country is not a  signer of the treaty,                                                               
then  CSSD makes  a determination  based  on similar  laws.   She                                                               
added,  "In the  bill, if  there was  something ...  abhorrent to                                                               
Alaska policy, ...  we would not have to enforce  that order with                                                               
that country."                                                                                                                  
                                                                                                                                
REPRESENTATIVE  GRUENBERG stated  that  the proposed  legislation                                                               
would make  some changes  in the method  by which  foreign orders                                                               
would be enforced or how  foreign countries would have to enforce                                                               
[Alaska's  child support  orders].   He  reiterated  that if  the                                                               
proposed legislation was  adopted, then Alaska would  be bound by                                                               
it, while any country without a  similar law would not be treaty-                                                               
bound.  He continued as follows:                                                                                                
                                                                                                                                
     In other  words, they could  force us to  enforce their                                                                    
     order under the  provisions of this new  state law, but                                                                    
     they  would not  be bound  to  enforce our  order.   It                                                                    
     would be a one-way door in that case.                                                                                      
                                                                                                                                
CHAIR LYNN asked if that was correct.                                                                                           
                                                                                                                                
9:09:11 AM                                                                                                                    
                                                                                                                                
MS.  STEINBERG answered  that if  a  country has  not signed  the                                                               
treaty, it  would not  be covered under  the proposed  Article 7,                                                               
which provides "how we deal with  countries who have signed on to                                                               
the treaty."   She echoed  Ms. Beecher's previous  statement that                                                               
Alaska would deal  with any country who does not  sign the treaty                                                               
the same as it does currently.   She said, "We would be enforcing                                                               
it for  the parents, not for  the foreign country."   She said if                                                               
CSSD made  requests of that  foreign country,  it may or  may not                                                               
comply.                                                                                                                         
                                                                                                                                
9:10:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  recollected that Section 7  states that                                                               
without  limitation, "this  is  the way  Alaska  will treat  that                                                               
order for enforcement."  He  reiterated that under HB 106, Alaska                                                               
would be bound by the provisions  of the state law, while another                                                               
country that  had no such legislation  would not.  He  noted that                                                               
this bill  provides very limited  ability to challenge  the order                                                               
and compared  the situation to  the Uniform Arbitration Act.   He                                                               
said,  "There  are very  few  basis  that  you can  challenge  an                                                               
arbitration under Title  9," and added that  this basically makes                                                               
that the  same principle  here.  He  reiterated that  the foreign                                                               
country would not be treaty-bound.                                                                                              
                                                                                                                                
                                                                                                                                
MS. STEINBERG  stated that  Article 7  deals only  with countries                                                               
that  have signed  on  to  The Hague  Convention,  only to  Hague                                                               
Convention orders.                                                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG asked for the citation.                                                                                
                                                                                                                                
CHAIR LYNN suggested  Ms. Steinberg could provide  that later and                                                               
asked the committee  whether they were ready to  hear a sectional                                                               
analysis.                                                                                                                       
                                                                                                                                
9:14:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VAZQUEZ  opined that in light  of the significant,                                                               
unanswered  questions asked,  it  would  be a  waste  of time  to                                                               
proceed with a sectional analysis.                                                                                              
                                                                                                                                
CHAIR LYNN  remarked that  good questions had  been asked  and he                                                               
reiterated that  the committee  was not  in a  hurry to  rush the                                                               
proposed legislation.                                                                                                           
                                                                                                                                
REPRESENTATIVE KELLER echoed  that there were a  lot of questions                                                               
pending answers  and it  would be frustrating  to go  into detail                                                               
about the sections of the proposed bill.                                                                                        
                                                                                                                                
CHAIR LYNN concurred.                                                                                                           
                                                                                                                                
9:16:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TALERICO indicated  that the  term "reciprocating                                                               
countries" was used  in the proposed legislation, and  he said he                                                               
was trying to  connect the prior comments  made by Representative                                                               
Gruenberg with the  idea that "this" would be  applicable only to                                                               
those  connected with  the agreement.   He  said answers  to that                                                               
particular issue would be beneficial.                                                                                           
                                                                                                                                
REPRESENTATIVE   GRUENBERG   indicated    that,   assuming   [Ms.                                                               
Steinberg]   was   correct,   then  "that"   would   create   two                                                               
international classes:   those to  whom the  proposed legislation                                                               
would apply and "all the rest."                                                                                                 
                                                                                                                                
MS.  STEINBERG confirmed  that was  correct; there  would be  one                                                               
class of  international cases from  countries that had  signed on                                                               
to The Hague Convention, and one from those that had not.                                                                       
                                                                                                                                
9:18:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG emphasized that  The Hague Convention on                                                               
the  International Abduction  of  Children had  been helpful  and                                                               
said  the U.S.  is a  signatory, along  with "almost  every other                                                               
country."   He questioned, "Do  we need to be  implementing that,                                                               
too?"                                                                                                                           
                                                                                                                                
MS. STEINBERG responded  that CSSD handles child  support, but it                                                               
is not involved in child custody cases.                                                                                         
                                                                                                                                
9:19:16 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN asked how long  the division needed to produce answers                                                               
to the questions asked during the hearing.                                                                                      
                                                                                                                                
MS. STEINBERG  answered she  thought within  a week  the division                                                               
could supply  answers to  the committee's  questions, as  well as                                                               
finding someone to testify on some of these other areas.                                                                        
                                                                                                                                
9:20:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG   requested  any   related   reference                                                               
documents be  provided for the  committee in advance of  the next                                                               
hearing, so that  the committee could see the  legal basis behind                                                               
testimony.                                                                                                                      
                                                                                                                                
CHAIR LYNN ascertained there was no  one on line to contribute to                                                               
testimony.                                                                                                                      
                                                                                                                                
9:21:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VAZQUEZ   asked  whether  the   US  congressional                                                               
delegation from Alaska had been approached regarding this issue.                                                                
                                                                                                                                
MS. STEINBERG said she did not know, but could inquire.                                                                         
                                                                                                                                
9:21:51 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN requested that the  division contact the U.S. Senators                                                               
and Representative from Alaska to  ascertain their thoughts on HB
106.  He  recognized the difficulty of coming up  with answers to                                                               
so  many   questions  right  away  because   the  legislation  is                                                               
complicated  and   the  committee   must  be  careful   to  avoid                                                               
unintended consequences.                                                                                                        
                                                                                                                                
REPRESENTATIVE VAZQUEZ  inquired as to  the number of  cases CSSD                                                               
addresses and its time frame.                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG  said from time to  time the legislature                                                               
is  asked to  consider a  treaty,  and it  should consider  which                                                               
questions  to  ask.    He  said the  committee  is  dealing  with                                                               
international,  federal, and  state laws  and expressed  his hope                                                               
that  the House  State  Affairs Standing  Committee would  remain                                                               
involved in the issue.                                                                                                          
                                                                                                                                
CHAIR LYNN indicated the relation  of the proposed legislation to                                                               
state  affairs.   He  offered  his  understanding that  the  next                                                               
committee  of  referral  for  HB  106  was  the  House  Judiciary                                                               
Standing Committee.                                                                                                             
                                                                                                                                
MS. STEINBERG  thanked the  committee and  said she  would advise                                                               
Chair Lynn's staff when the  answers to the committee's questions                                                               
were obtained.                                                                                                                  
                                                                                                                                
CHAIR LYNN announced that HB 106 was held over.                                                                                 

Document Name Date/Time Subjects
08 HB93 CSHB93 v.H.PDF HSTA 2/19/2015 8:00:00 AM
HB 93
01 HB106 ver A.PDF HSTA 2/19/2015 8:00:00 AM
HB 106
02 HB106 Governor Transmittal Letter.pdf HSTA 2/19/2015 8:00:00 AM
HB 106
03 HB106 Sectional Analysis.pdf HSTA 2/19/2015 8:00:00 AM
HB 106
04 HB106 Background from Uniform Law Commission.pdf HSTA 2/19/2015 8:00:00 AM
HB 106
05 HB106 Fiscal Note Department of Law.pdf HSTA 2/19/2015 8:00:00 AM
HB 106
06 HB106 Fiscal Note Department of Revenue.pdf HSTA 2/19/2015 8:00:00 AM
HB 106