03/21/1994 01:45 PM Senate HES

 VICE-CHAIR SHARP introduced  HB 128  (EARLY ACKNOWLEDGEMENT OF                
 PATERNITY) as the next order of business.                                     
                                                                               
 RENEE CHATMAN, Staff to Representative Bettye Davis, read the                 
 sponsor statement.  She stated that non-support of children is a              
 national epidemic which HB 128 addressed by requiring the state               
 registrar to prepare a paternity acknowledgment form.  She                    
 explained that a paternity acknowledgment form would allow a child            
 to acquire access to support from the father's Social Security,               
 worker's compensation, inheritance, health insurance, etc.  She               
 noted that HB 128 would allow the father legal access to his child,           
 even if he was not married to the mother.  In conclusion, she                 
 stated that HB 128 would guarantee that Alaskan children receive              
 support from both parents.                                                    
                                                                               
 SENATOR LEMAN asked if other states have requirements similar to              
 Alaska regarding establishment of paternity.  He expressed concern            
 with the portion of the sponsor statement requiring "full faith and           
 credit to a determination of paternity by another state, regardless           
 of the method in which paternity was established."                            
                                                                               
 REPRESENTATIVE BETTYE DAVIS, Prime Sponsor, explained that                    
 currently the federal government mandates that other states'                  
 determination of paternity be recognized.  Other states do have               
 comparable procedures to establish paternity.  She informed the               
 committee that HB 128 began as a paternity bill which was already             
 being done voluntarily, but not as mandated.  The other mandates              
 were added to HB 128 in order to be in compliance with federal                
 regulations.                                                                  
                                                                               
 SENATOR SALO asked what would be voluntary and what would be                  
 required, especially regarding the mother.                                    
                                                                               
 REPRESENTATIVE BETTYE DAVIS stated that everything in HB 128 was a            
 mandate.  She clarified that the individual cannot be forced to               
 sign the form, but it is mandatory that the form be offered.  She             
 noted that the fiscal note would be increased and that increase               
 would be picked up by the Division of Child Support in the federal            
 government.  She thought that an amendment would be offered for the           
 fiscal note to increase by $30,000.                                           
                                                                               
 Number 399                                                                    
                                                                               
 JOHN MALLONEE, Deputy Director of Child Enforcement Support                   
 Division of the Department of Revenue, supported HB 128.  The bill            
 would bring Alaska into compliance with federal regulations which             
 continue federal financial participation.  He noted that Alaska has           
 had a voluntary paternity acknowledgment program for quite a while.           
 HB 128 would only put the practice into law; however, HB 128 would            
 not force anyone to voluntarily acknowledge paternity.  He                    
 discussed other states' success with the program; the program is              
 worthwhile.                                                                   
                                                                               
 SENATOR ELLIS said that he supported HB 128.                                  
                                                                               
 SENATOR LEMAN asked what would happen in a situation with a married           
 woman having a child fathered by a man other than her husband.                
                                                                               
 JOHN MALLONEE acknowledged that such a situation would create                 
 various problems.  He explained that if a married woman has a                 
 child, the child would be assumed to be fathered by her husband.              
 Such cases have occurred and the true paternity was established               
 later by blood test.  He informed the committee that the courts               
 have ruled differently at various times; therefore, a legal dilemma           
 with much court time is created.                                              
                                                                               
 SENATOR LEMAN clarified that such a dilemma would be created with             
 or without HB 128.  He asked if HB 128 would add to that dilemma.             
 REPRESENTATIVE BETTYE DAVIS asserted that HB 128 does not address             
 or add to that legal dilemma.  JOHN MALLONEE noted that the federal           
 government has not issued final directives on many of the issues in           
 HB 128.                                                                       
                                                                               
 AL ZANGRI clarified that under current state law the husband must             
 be put on the birth certificate and is considered the father under            
 law.  In order to change the father on the birth certificate, one             
 must go to court.  He informed the committee that the Bureau of               
 Vital Statistics and DHSS are working on a new model law that the             
 federal government introduced last year.  This law would allow for            
 three party affidavits for paternity.  He believed that this law              
 reflects reality.                                                             
                                                                               
 Mr. Zangri explained that he had a temporary position that over the           
 past six months was converted to full-time, processing affidavits             
 of paternity, due to the increased volume.  That position would end           
 at the month's end, which would leave them unable to support this             
 paternity program.  He said that they were going to add a Range 8             
 to the fiscal note; approximately $30,000.  He agreed with                    
 Representative Davis that the Department of Revenue would RSA over            
 to the DHSS which would essentially be an increase in their federal           
 authorization.  Currently, the position must be placed in the                 
 fiscal note.                                                                  
                                                                               
 SENATOR SHARP inquired as to when that fiscal note would be coming.           
 AL ZANGRI said that it would be forthcoming in the next few days.             
                                                                               
 SENATOR ELLIS moved HB 128 out of committee with individual                   
 recommendations.  Hearing no objections, it was so ordered.