Legislature(1993 - 1994)
02/23/1994 01:40 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATOR TAYLOR introduced SB 190 (ENFORCEMENT OF SUPPORT ORDERS) sponsored by the Senate Judiciary Committee by request and invited LARAINE DERR, Deputy Commissioner for the Department of Revenue, to testify. MS. DERR explained she had recently taken on the responsibility for the Child Support Enforcement Division, but preferred to defer to MARY GAY, Division Director, for a review of the bill. MS. DERR said the bill would bring the State statute into line with federal requirements, and she introduced MS. GAY, who would be speaking on the teleconference network from Anchorage. MS. GAY explained SB 190 would amend Alaska State Statute 25.27.062 and bring the State into compliance with federal regulations. She also explained the Family Support Act of 1988 which requires the State to enact laws and implement procedures for wage withholding. Section 101 of the Family Support Act also requires that, effective January 1, 1994, States implement immediate withholding in all support orders initially issued in the State which are not being enforced under Title IV-D. MS. GAY concluded by stressing that federal funding was contingent upon this legislation. SENATOR TAYLOR announced a new committee substitute prepared by TERRI LAUTERBACH, 8LS1001\K, 2/23/94, which incorporates the changes, the first one being the bond security requirement, and the second, on page 2, line 3, where the Child Support Enforcement Agency's (CSEA) responsibility is clarified. SENATOR TAYLOR asked his aide, KEVIN SULLIVAN, to clarify the sunset provision. Number 554 SENATOR TAYLOR asked MS. GAY if she had reviewed the committee substitute before the committee, and she replied she had not. MR. SULLIVAN said a copy had been faxed to her office today. SENATOR TAYLOR reviewed the changes made by MS. LAUTERBACH, and reminded the committee this was federally mandated legislation that could affect the existence of the child enforcement agency, since presently the cost of the agency from federal funding. SENATOR LITTLE clarified that if the bill is not passed, the State would lose significant funds in promoting the collection of child support payments, which directly affects the number of people on welfare with the accompanying costs. She thought it was important the bill be put forward, and she questioned the removal of conflicting language within the bill. SENATOR TAYLOR asked MR. SULLIVAN to explain what has happened to the bill. MR. SULLIVAN explained to MS. GAY when he had received the bill as well as the memo from MS. LAUTERBACH, and that it had been faxed to her. He suggested she send someone to find it, so all participants would be looking at the same information. MR. SULLIVAN told SENATOR LITTLE the question put before Legal Services was whether it complied with federal requirements, and he explained the research that went into the committee substitute. By sending the memo to the Child Support Enforcement Agency, he said the committee was made aware of other federal requirements that actually did speak to the bill with the exception of the sunset provision. He explained all of this contributed to the committee substitute, which was then delivered back to MS. GAY, and he also explained the reinsertion of the bonding requirements. MS. GAY spoke to the urgency of passing the legislation, not only to fund the Child Support Funding Agency, but to protect the Aid to Families with Dependent Children funding, which would amount to half of $62 million provided by the federal government. Number 588 SENATOR LITTLE asked to have MS. LAUTERBACH explain the changes being considered in the committee substitute. MS. LAUTERBACH and SENATOR LITTLE discussed which version of the committee substitute should be considered. MS. LAUTERBACH explained the very latest version contained the bonding and security provisions, which were returned to the legislation, and to take out the extension of the employer information program as passed in 1991. MS. LAUTERBACH had discussed the legislation with MS. GAY, who pointed out some regulations not previously seen by MS. LAUTERBACH. TAPE 94-12, SIDE B Number 001 MS. LAUTERBACH explained the bonding and security provisions were from even older regulations, and she had returned them to the legislation. She further explained the changes in the repealer relating to the employer information program were requested by Judiciary staff. SENATOR LITTLE asked MS. LAUTERBACH and MS. GAY why the employer recording provision were not returned to the bill, since the bill deals exclusively with implementing the federal withholding requirements. They all agreed the employer recording provision worked well for the Alaska Child Support Enforcement Division by returning money to AFDC. SENATOR LITTLE suggested it would be in the State's best interest to retain the program, but MS. GAY thought it might hold up passage of the bill, which she considered critical. SENATOR LITTLE asked whether the provision was controversial, and both SENATOR TAYLOR and MS. GAY said it was. MS. GAY explained the federal government would probably require the continuation of the program as far as reporting of all new hires, and their W-4 forms to be matched with child support records. SENATOR LITTLE said her preference was to leave the program in effect, since she thought it was important to increase whenever possible the collection of child support backlogs. MS. GAY said REPRESENTATIVE MARK HANLEY has a bill to reinstate the provision, and SENATOR TAYLOR explained he had been told that SB 190 was solely to bring the State into compliance with federal law. He said he was only trying to present a pure bill, which would be easier to defend on the floor of the Senate. Number 043 After some discussion, SENATOR TAYLOR moved to adopt CS FOR SENATE BILL NO. 190(JUD), previously identified as LAUTERBACH, 2/12/94. Without objections, so ordered. SENATOR LITTLE moved to pass CS FOR SENATE BILL NO. 190(JUD) (ENFORCEMENT OF SUPPORT ORDERS) from committee with individual recommendations. Without objections, so ordered.
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