Legislature(2009 - 2010)BELTZ 105 (TSBldg)

03/10/2010 01:30 PM Senate HEALTH & SOCIAL SERVICES

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Audio Topic
01:31:05 PM Start
01:33:47 PM Confirmation Hearings
02:11:08 PM SB46
02:26:28 PM SB172
03:04:50 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Location Change --
Confirmation of Governor's Appointments
Moved CSSB 46(HSS) Out of Committee
Heard & Held
<Note: Above previously heard bill has
been added back onto the Agenda>
Bills Previously Heard/Scheduled
                  SB  46-CHILD SUPPORT AWARDS                                                                               
CHAIR  DAVIS  announced consideration  of  SB  46. It  was  heard                                                               
2:11:08 PM                                                                                                                    
SENATOR ALBERT KOOKESH,  sponsor of SB 46, said  the changes that                                                               
he  agreed to  during the  previous  hearing were  placed in  the                                                               
proposed  committee   substitute  (CS)   and  copies   have  been                                                               
distributed to the members.                                                                                                     
SENATOR PASKVAN moved to adopt the work draft committee CS for                                                                  
SB 46, labeled 26-LS0279\P, as the working document. There being                                                                
no objection, version P was before the committee.                                                                               
2:13:11 PM                                                                                                                    
DOROTHY SHOCKLEY, staff to Senator Kookesh, explained the                                                                       
following changes: [Unless otherwise stipulated, the page and                                                                   
line references relate to version S.]                                                                                           
   · Page 5, line 13: Delete $100,000 and insert $105,000.                                                                      
   · Page 6, line 21: Following "or other means." insert the                                                                    
     sentence  "A  court  shall find  that  health  insurance  is                                                               
     available  only   if  a   dependent  child   has  reasonable                                                               
     geographic access  to the covered services  or the insurance                                                               
     includes  the  coverage  of transportation  needed  for  the                                                               
   · Page 6, lines 21-25: Following "or other means." delete the                                                                
     language from subsection (a) and insert on line 29 in                                                                      
     subsection (b).                                                                                                            
   · Page 6, lines 28-31 and page 7, lines 1-8: delete from                                                                     
     subsection (b) and insert in new subsection (c).                                                                           
   · Page 7, line 9: Subsection (c) is renumbered to become                                                                     
     subsection (d) in version P.                                                                                               
   · Page 7, lines 20-25 in version P: Insert new subsection (e)                                                                
     containing the following language:                                                                                         
          A  court shall  find  that the  cost of  cash                                                                         
          medical support  or private  health insurance                                                                         
          is reasonable under this  section if the cost                                                                         
          to  the responsible  parent  does not  exceed                                                                         
          five  percent  of  the  responsible  parent's                                                                         
          gross income.  In calculating  the percentage                                                                         
          for  purposes of  health insurance  coverage,                                                                         
          the cost is the  cost of adding the dependent                                                                         
          child to  the existing insurance  coverage or                                                                         
          the difference  between self-only  and family                                                                         
   · Page 7, lines 17-18: Subsection (d) in version \S is                                                                       
     rewritten and becomes subsection (f) on page 7, lines 26-31                                                                
     of version P. It is rewritten as follows:                                                                                  
          (f) In this section,                                                                                                  
                (1) "cash medical support" means                                                                                
     an amount ordered to be  paid toward the cost                                                                              
     of  health  insurance  provided by  a  public                                                                              
     entity   or   by   another   parent   through                                                                              
     employment   or  otherwise,   or  for   other                                                                              
     medical costs not covered by insurance;                                                                                    
              (2)    "health    care    expenses"                                                                               
     includes medical, dental, vision, and mental                                                                               
     health counseling expenses.                                                                                                
   · Page 7, line 24: Following "party's initial pleading"                                                                      
     insert "in superior court".                                                                                                
   · Page 8, line 20: Delete "tribunal" and insert "court".                                                                     
   · Page 8, line 27: Following "outstanding support order."                                                                    
     insert "An  award may  be modified  to require  cash medical                                                               
     support  regardless of  whether  insurance  is available  to                                                               
     either  parent  if  neither   parent  has  purchased  health                                                               
   · Page 8, line 28: Following "insurance payments" insert "or                                                                 
     cash medical support".                                                                                                     
   · Page 8, line 29: Delete "tribunal" and insert "court".                                                                     
   · Page 10, line 5: Delete "tribunal" and insert "court".                                                                     
   · Page 11, line 18: Delete "NON-APPLICABILITY" and insert                                                                    
2:17:43 PM                                                                                                                    
SENATOR OLSON joined the committee.                                                                                             
SENATOR KOOKESH  said he agrees  with the changes that  were made                                                               
and he'd be grateful if the committee would move the bill.                                                                      
2:18:51 PM                                                                                                                    
KEN  ALPER, representing  himself, said  he is  a local  business                                                               
owner testifying in support of SB  46. He and his wife employ 20-                                                               
25  employees and  they receive  on  average five  to ten  child-                                                               
support garnishment orders per year.  A $1,000 to $1,500 order is                                                               
not unusual for  an employee who grosses about  $1,500 per month,                                                               
but it  is unusual for  an employee to  stay on the  payroll once                                                               
the child  support garnishment goes  into effect.  They typically                                                               
move  on to  stay  ahead of  the  order and  that's  part of  the                                                               
problem  that the  sponsor is  trying  to reconcile.  He said  he                                                               
respects the need to care for  these children, but when the state                                                               
takes so much from low-wage  employees it reduces their stability                                                               
and opportunity to advance themselves.                                                                                          
2:21:16 PM                                                                                                                    
SENATOR PASKVAN  asked what the  statute would do that  the court                                                               
rule isn't currently doing.                                                                                                     
MR.  ALPER replied  it's his  understanding that  the 40  percent                                                               
number  would be  reduced  to a  smaller  maximum percentage.  It                                                               
would vary depending on the number of children.                                                                                 
SENATOR PASKVAN said he'd like  the administration to answer that                                                               
question because that's not his understanding.                                                                                  
STACEY STEINBERG,  Chief Assistant Attorney  General, Collections                                                               
and  Support Section,  Civil Division,  Department of  Law (DOL),                                                               
stated that  as currently  proposed, SB 46  will not  address how                                                               
much  is taken  out of  an employee's  paycheck when  he/she owes                                                               
child support.                                                                                                                  
MS. SCHOCKLEY  added that once the  court rule is in  statute, it                                                               
will be  easier to make changes  and the people who  are affected                                                               
will have better access.                                                                                                        
CHAIR DAVIS closed public testimony.                                                                                            
2:25:40 PM                                                                                                                    
SENATOR  PASKVAN  moved to  report  CS  for  SB 46,  labeled  26-                                                               
LS0279\P,  from  committee  with individual  recommendations  and                                                               
accompanying zero  fiscal note(s). There being  no objection CSSB
46(HSS)  moved  from  the  Senate   Health  and  Social  Services                                                               
Standing Committee.                                                                                                             

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