Legislature(1993 - 1994)
04/06/1994 08:25 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CSSB 190(JUD): An Act relating to income withholding and other methods of enforcement for orders of support; and providing for an effective date. The committee ADOPTED CSSB 190(FIN) work draft "U" which incorporated amendments 1 and 2 ADOPTED in a previous meeting. Mary Gay, Director, Child Support Enforcement Division, Department of Revenue; Josh Fink, aide to Senator Kelly; Mike Hostina, Deputy Ombudsman, via teleconference Fairbanks; Sherry Goll, Lobbyist, Alaska Women's Lobby; Susan Miller, Manager, Special Projects, Alaska Court System; and Donna Page, Senior Hearing Officer, Department of Revenue, all testified on the bill. On page 11, line 5, the word "intentionally" was added to work draft "U", and amendments 3, 4, 5, 6, and a letter of intent were also ADOPTED. CSSB 190(FIN) was REPORTED OUT of committee with individual recommendations, and new fiscal notes for the Department of Revenue - $109.0, and the Alaska Court System - $33.7. CS FOR SENATE BILL NO. 190(JUD): An Act relating to income withholding and other methods of enforcement for orders of support; and providing for an effective date. Co-chair Frank announced that CSSB 190(FIN) work draft "U" was before the committee which incorporated previously ADOPTED in the March 30, 1994 meeting. Josh Fink, aide to Senator Kelly, spoke to amendment 3 which imposed a $5 fee instead of $1. Senator Kelly MOVED for adoption of amendment 3. No objection having been raised, the amendment was ADOPTED for incorporation within a Senate Finance Committee Substitute for the bill. Mr. Fink, spoke to amendment 4 which would require the agency to immediately return overpayments to the obligator, and the obligee would be liable to the state for any amount overpaid. MARY GAY, Director, Child Support Enforcement Division, Department of Revenue, came before the committee and asked that on page 4, line 25, the words "within five working days" be changed to "within fifteen working days." She felt that five days was not an adequate amount of time for the agency to respond. The committee agreed to change "five" to "fifteen." Senator Kelly MOVED for adoption of amendment 4 as amended. No objection having been raised, amendment 4 as amended was ADOPTED for incorporation within a Senate Finance Committee Substitute for the bill. Mr. Fink spoke to amendment 5 which gave credit to the obligor for medical and dental insurance, and educational payments towards child support payments. He also noted that prior to January 1992, adjustments were not made in child support court orders for those payments. MIKE HOSTINA, Deputy Ombudsman, testified, via teleconference from Fairbanks, that their office had received various complaints regarding this issue, especially when health insurance payments were increased and court orders had not made provisions for any adjustment. SHERRY GOLL, Lobbyist, Alaska Women's Lobby, testified in opposition to Amendment 5. She said that child support orders were reviewed fairly frequently and she did not agree that the provisions regarding the court in amendment 5 should be in state statutes. SUSAN MILLER, Manager, Special Projects, Alaska Court System, said that as early as tomorrow there could be a court decision that would effect provisions in Amendment 5. She was also opposed to the provisions in the amendment that applied to the court. Discussion was had by Senators Kelly, Sharp, Ms. Miller, Mr. Hostina, and Donna Page, Senior Hearing Officer, Department of Revenue, regarding the court and agency responsibilities as outlined in amendment 5. The committee agreed to amend amendment 5 by removing all reference to the courts. The words "and consistent with" were added to Section 23 in amendment 5. (These words were found to be redundant as legal services advised the committee that the words "to the extent of" already found in the amendment took care of the concern that the credit would be consistent with the percent of the credit as allowed in the child support order.) Senator Kelly MOVED for adoption of amendment 5 as amended. No objection having been raised, amendment 5 as amended was ADOPTED for incorporation within a Senate Finance Committee Substitute for the bill. DONNA PAGE, Senior Hearing Officer, Department of Revenue, said the Child Support Enforcement Division had requested amendment 6 because there were situations where children were given a monthly stipend because the obligor was disabled and then his social security payments might be attached for child support. When the child support order was computed, it was not taken into consideration that the children were already being taken care, for example, by a social security payment. This amendment would require the agency to take into consideration the fact that the child(ren) was already being taken care of and the obligor would not have his/her wages attached. Senator Jacko MOVED for adoption of amendment 6. No objection having been raised, amendment 6 was ADOPTED for incorporation within a Senate Finance Committee Substitute for the bill. Co-chair Frank raised the question regarding Section 26 that if a person would fail to honor a child support order they would be liable to the obligee in an amount equal to 100 percent of the amount ordered withheld. He felt that was excessive especially if it was an unintentional error. Discussion was had by Mary Gay, Co-chair Frank, and Senator Sharp regarding the penalty. The word "intentionally" was added to Section 26 after the words "of the state that" as amendment 7. No objection having been raised, amendment 7 was ADOPTED for incorporation within a Senate Finance Committee Substitute for the bill. Ms. Gay reiterated her concern that this bill pass this session because of federal regulations. Senator Sharp MOVED for passage of CSSB 190(FIN) as amended from committee with individual recommendations. No objections having been raised, CSSB 190(FIN) as amended was REPORTED OUT of committee with individual recommendations, and a zero fiscal note for the Alaska Court System, and a fiscal note for the Department of Revenue in the amount of $109.0. Co-chair Frank signed "do pass." Senators Jacko, Rieger, and Sharp signed "no recommendation."
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