Legislature(2015 - 2016)BELTZ 105 (TSBldg)

02/27/2015 01:30 PM Senate JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 51 Bills Previously Heard/Scheduled: TELECONFERENCED
Heard & Held
*+ SB 49 CIVIL LEGAL SERVICES FUND TELECONFERENCED
Heard & Held
-- Invited and Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
          SB  51-UNIFORM INTER.CHILD SUPPORT;PARENTAGE                                                                      
                                                                                                                                
1:31:59 PM                                                                                                                    
CHAIR  MCGUIRE announced  the  consideration  of SB  51. "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."                                                                                                                
                                                                                                                                
1:32:38 PM                                                                                                                    
CAROL BEECHER,  Director, Child Support  Services, Administrative                                                               
Services,  Department  of  Revenue  (DOR), introduced  SB  51  on                                                               
behalf of the administration. She  explained that the bill amends                                                               
the Uniform  Interstate Family Support Act  (UIFSA), which Alaska                                                               
passed  into law  in 1996.  The law  was amended  in 2006  to add                                                               
definitions  and  clarifications.   The  2008  amendments  (UIFSA                                                               
2008), which  are incorporated  in SB 51.  UIFSA 2008  will allow                                                               
U.S. children to receive child  support when one party resides in                                                               
a  different  country.  She  noted that  many  countries  do  not                                                               
process  child  support  orders  in   the  absence  of  a  treaty                                                               
obligation.                                                                                                                     
                                                                                                                                
To  provide  some  context  for  the  bill,  she  explained  that                                                               
Alaska's child support program is  authorized under Title IV-D of                                                               
the Social  Security Act and  is matched with 66  percent federal                                                               
funds and  34 percent  state funds. In  FY2015 the  federal match                                                               
was $19 million.  In 2014 the Division of  Child Support Services                                                               
collected approximately  $112 million;  90 percent  goes directly                                                               
to families  and 10 percent  goes to reimburse federal  and state                                                               
government for welfare and foster care assistance.                                                                              
                                                                                                                                
The  Uniform Interstate  Family Support  Act was  written by  the                                                               
Uniform Law  Commission to provide  a framework for  dealing with                                                               
the  enforcement of  orders between  states. Alaska  passed UIFSA                                                               
into law  in 1996 and  all other  jurisdictions had passed  it by                                                               
1998.   In   2007,  the   U.S.   signed   the  Hague   Convention                                                               
("Convention")  on the  international recovery  of child  support                                                               
and other forms  of family maintenance. In 2008,  the Uniform Law                                                               
Commission amended  UIFSA to incorporate the  changes mandated by                                                               
the  Convention.  In  September  2014, Public  Law  113-183,  the                                                               
Preventing Sex  Trafficking and  Strengthening Families  Act, was                                                               
signed into  law. It  requires that  IV-D child  support programs                                                               
pass UIFSA  2008 into law  by July  1, 2015. Federal  funding for                                                               
the  IV-D Child  Support Program  is a  condition of  passage. To                                                               
ensure  uniformity,  the  language  of  UIFSA  2008  may  not  be                                                               
amended. Once  passed, the  new section will  not go  into effect                                                               
until all jurisdictions  have passed it. The treaty  will then go                                                               
back  through  the  congressional process  for  ratification  and                                                               
thereafter go through the process in the Netherlands.                                                                           
                                                                                                                                
Currently, 12 states  have enacted UIFSA 2008 and  20 states have                                                               
introduced legislation.  The remaining states are  in the process                                                               
of drafting the bills.                                                                                                          
                                                                                                                                
1:37:14 PM                                                                                                                    
SENATOR COSTELLO  asked by what authority  the federal government                                                               
can remove funding if the state doesn't pass UIFSA 2008.                                                                        
                                                                                                                                
STACY   STEINBERG,  Chief   Assistant  Attorney   General,  Civil                                                               
Division,  Collections and  Support  Section,  Department of  Law                                                               
(DOL),  explained that  42 U.S.  Code 666(f)  is the  federal law                                                               
that says  each state must  pass and  have in effect  UIFSA 1996.                                                               
Public Law 113-183,  which passed in September,  amended that law                                                               
and requires  each state to  adopt UIFSA  2008 as a  condition of                                                               
receiving federal funding for the state's child support program.                                                                
                                                                                                                                
SENATOR COSTELLO expressed  the wish that states had  a more true                                                               
voice  in  regards  to  making  such  important  changes  without                                                               
risking the loss of federal funds.                                                                                              
                                                                                                                                
1:39:03 PM                                                                                                                    
SENATOR COGHILL asked if the formula remains the same.                                                                          
                                                                                                                                
MS. BEECHER confirmed that's correct.                                                                                           
                                                                                                                                
SENATOR  COGHILL asked  if the  federal law  works well  with the                                                               
child support compact between states.                                                                                           
                                                                                                                                
MS. BEECHER  responded that  she believes that  UIFSA is  the law                                                               
that states use when they interact on child support matters.                                                                    
                                                                                                                                
SENATOR COGHILL  offered his understanding  that the  Uniform Law                                                               
Commission is trying to line up an international treaty.                                                                        
                                                                                                                                
MS. BEECHER clarified that once  all the states have passed UIFSA                                                               
2008  Congress  will  ratify  the  treaty.  Moreover,  it  is  an                                                               
excellent   vehicle  for   states  to   enforce  child   support,                                                               
particularly  for children  who reside  in  the U.S.  and have  a                                                               
parent in a foreign country.                                                                                                    
                                                                                                                                
SENATOR COGHILL  asked if  the state has  input when  the Uniform                                                               
Law Commission meets.                                                                                                           
                                                                                                                                
MS.  STEINBERG answered  yes. The  commissioners met  in 2007  or                                                               
2008 in  Montana and  a representative from  the State  of Alaska                                                               
attended  and   gave  input.   The  commissioners   reviewed  the                                                               
procedural terms  of the Convention that  foreign countries agree                                                               
to and  added a  new article to  UIFSA to  specifically implement                                                               
the provisions of the Convention.                                                                                               
                                                                                                                                
SENATOR  COGHILL  asked  what  the  pro and  con  debate  was  in                                                               
Congress.                                                                                                                       
                                                                                                                                
MS. STEINBERG  said she wasn't aware  of any pro and  con debate,                                                               
but both the  Senate and House unanimously  passed the Preventing                                                               
Sex Trafficking  and Strengthening  Families Act,  which requires                                                               
states to adopt UIFSA 2008. Ratification was done in 2010.                                                                      
                                                                                                                                
SENATOR COGHILL offered his understanding  that this is a take it                                                               
or leave it decision.                                                                                                           
                                                                                                                                
MS. STEINBERG  agreed; she  added that she  and Ms.  Beecher were                                                               
available  to  answer  questions  now or  after  the  meeting  to                                                               
provide more  input. She noted  that she also provided  members a                                                               
lot of information,  including a copy of the  Convention, to help                                                               
the committee  understand the  provisions and  how it  works with                                                               
child support.                                                                                                                  
                                                                                                                                
1:43:58 PM                                                                                                                    
SENATOR MICCICHE joined the committee.                                                                                          
                                                                                                                                
SENATOR  COGHILL said  he doesn't  object to  treaties, but  they                                                               
make him nervous.                                                                                                               
                                                                                                                                
MS. STEINBERG offered to give a sectional analysis.                                                                             
                                                                                                                                
CHAIR MCGUIRE  asked Ms. Steinberg  to discuss the  sections that                                                               
contain substantive changes.                                                                                                    
                                                                                                                                
1:48:09 PM                                                                                                                    
MS. STEINBERG told the committee  that Sections 77 and Section 78                                                               
clarify  the 2001  amendment to  UIFSA that  relates to  making a                                                               
controlling order determination for  child support. She continued                                                               
to review the substantive changes, starting with Section 79.                                                                    
                                                                                                                                
     Section 79 amends AS 25.25 to add new sections:                                                                          
     Jurisdiction to  modify child support order  of foreign                                                                  
     country.  Provides  that  when  a  foreign  country  no                                                                  
     longer has  or refuses to exercise  jurisdiction over a                                                                    
     child  support   modification,  Alaska  may   act  over                                                                    
     individuals  subject to  the  personal jurisdiction  of                                                                    
     the  court without  consent and  even when  persons are                                                                    
     not  residents of  this  state and  the  order that  is                                                                    
     issued will be controlling.                                                                                                
                                                                                                                                
     Procedure to  register child  support order  of foreign                                                                  
     country  for modification.  Provides  that  a party  or                                                                  
     child support  enforcement agency  can file  a petition                                                                    
     to modify a foreign registration or at another time.                                                                       
                                                                                                                                
SENATOR  COGHILL  asked who  the  signatories  are of  the  Hague                                                               
Convention. He  specifically asked about Asian  countries because                                                               
of the large Asian population in Alaska.                                                                                        
                                                                                                                                
MS.  STEINBERG replied  about 30  companies, including  the U.S.,                                                               
have signed  on. She named  them and  confirmed that no  Asian or                                                               
South  American   countries  had  signed  on   and  ratified  the                                                               
Convention.                                                                                                                     
                                                                                                                                
1:53:13 PM                                                                                                                    
     Section 80 amends AS 25.25.71  to remove the procedures                                                                  
     on  parentage  and  creates  definitions  for  sections                                                                    
     25.701  to  25.713 regarding  initiating,  registering,                                                                    
     contesting,  enforcing, and  modifying support  orders.                                                                    
     Definitions     include     "application,"     "central                                                                    
     authority,"   "convention   support   order,"   "direct                                                                    
     request,"   "foreign   central   authority,"   "foreign                                                                    
     support   agreement,"   and  "United   States   central                                                                    
     authority."                                                                                                                
                                                                                                                                
     Section 81 amends AS 25.25 by adding new sections:                                                                       
     Applicability. Provides that  sections 25.701 to 25.713                                                                  
     only  apply  to  child support  proceedings  under  the                                                                    
     Hague Convention.                                                                                                          
                                                                                                                                
     Relationship  of  child   support  services  agency  to                                                                  
     United  States  central  authority. Provides  that  the                                                                  
     federal  Department of  Human  Services has  recognized                                                                    
     the Alaska child support services  agency as the agency                                                                    
     that may act under the convention.                                                                                         
                                                                                                                                
     Initiation by child support  services agency of support                                                                  
     proceeding  under the  convention.  Specifies that  the                                                                  
     Alaska   child   support   services   agency   provides                                                                    
     enforcement  services in  child support  proceedings to                                                                    
     establish,  modify,   and  enforce  child   support  in                                                                    
     foreign and domestic proceedings.                                                                                          
                                                                                                                                
     Direct  request.   Provides  that  an   individual  may                                                                  
     request  to  establish,  modify,  or  enforce  a  child                                                                    
     support order  under the applicable laws  of the state,                                                                    
     but does not require  the child support services agency                                                                    
     to provide  assistance to the petitioner  who is filing                                                                    
     the request.  This section  provides that  the statutes                                                                    
     applying to the  convention do not prohibit  the use of                                                                    
     the simplified  and expedited rules  in Alaska  law for                                                                    
     recognition and enforcement of foreign support orders.                                                                     
                                                                                                                                
     Registration of convention  support order. Provides the                                                                  
     necessary  documents  to  register  a  foreign  support                                                                    
     order  including: the  order  and  verification of  its                                                                    
     enforceability in  the country it came  from, the total                                                                    
     arrears, and the due process  rights of the respondent.                                                                    
     This section provides  that the court does  not have to                                                                    
     register  an  order  if  it  finds  that  it  would  be                                                                    
     contrary to public policy and  must promptly notify the                                                                    
     parties if the order is not registered.                                                                                    
                                                                                                                                
     Contest   of  registered   convention  support   order.                                                                  
     References   to  statutes   that  apply   to  contested                                                                    
     registration  of  a  support  order  and  provides  the                                                                    
     regulations for  registering a support order  under the                                                                    
     Hague  Convention,   specifically  the   timelines  for                                                                    
     contesting  registration and  the basis  for contesting                                                                    
     the registration.                                                                                                          
                                                                                                                                
     Recognition  and enforcement  of registered  convention                                                                  
     support order.  Provides the circumstances  under which                                                                  
     Alaska may refuse  to register a support  order that is                                                                    
     under the Hague Convention.                                                                                                
                                                                                                                                
     Partial enforcement.  Provides that when one  part of a                                                                  
     foreign order can  be enforced and one  part cannot the                                                                    
     court shall enforce the part that can be enforced.                                                                         
                                                                                                                                
     Foreign  support agreement.  Provides  the terms  under                                                                  
     which  a foreign  support agreement  can be  recognized                                                                    
     and enforced in Alaska.                                                                                                    
                                                                                                                                
     Modification   of  convention   child  support   order.                                                                  
     Provides that an Alaska tribunal  cannot modify a child                                                                    
     support order when  the obligee is still  a resident of                                                                    
     the foreign  country where the order  was issued unless                                                                    
     that obligee  agrees that Alaska has  jurisdiction, the                                                                    
     foreign court refuses to  exercise jurisdiction, or the                                                                    
     order  could not  be registered  because of  a lack  of                                                                    
     jurisdiction,  fraud, or  lack of  authenticity of  the                                                                    
     order in the foreign jurisdiction.                                                                                         
                                                                                                                                
     Personal   information;   limit    on   use.   Personal                                                                  
     information under these section is  only to be used for                                                                    
     the purposes for which it was gathered.                                                                                    
                                                                                                                                
     Record  in  original   language;  English  translation.                                                                  
     Provides that  a record of  the court  proceedings from                                                                    
     the foreign  country must be  in its  original language                                                                    
     and  if  not  in  English must  come  with  an  English                                                                    
     translation.                                                                                                               
                                                                                                                                
     Sections  82  through  84  makes  conforming  technical                                                                  
     changes.                                                                                                                   
                                                                                                                                
     Section 85  clarifies that  uniformity is  promoted and                                                                  
     encouraged.                                                                                                                
                                                                                                                                
     Section  86  repeals   AS  25.25.205(f),  25.25.206(c),                                                                  
     25.25.301(b), and 25.25.401(c).  These sections address                                                                    
     spousal support. A new  section, 25.25.281 will address                                                                    
     spousal support. See Section 25 of the bill.                                                                               
                                                                                                                                
     Section 87 Applicability. Adds  that the effective date                                                                  
     applies  to proceedings  that are  started on  or after                                                                    
     the  effective  date  of  this act  to  any  action  to                                                                    
     determine  parentage, or  register, recognize,  modify,                                                                    
     or enforce an order or agreement.                                                                                          
                                                                                                                                
     Section  88 Transition  provisions.  Provides that  the                                                                  
     Department   of  Revenue   may  adopt   regulations  to                                                                    
     implement changes by this act.                                                                                             
                                                                                                                                
     Section 89  Revisor's instruction. Directs  the revisor                                                                  
     to  change  the headings  or  catch  lines for  certain                                                                    
     affected sections of the chapter.                                                                                          
                                                                                                                                
     Section  90  Effective  date.  Section  88  addressing,                                                                  
     addressing regulations, is effective immediately.                                                                          
                                                                                                                                
     Section 91  Effective Date. The  Act is  effective July                                                                  
     1, 2015.                                                                                                                   
                                                                                                                                
1:55:56 PM                                                                                                                    
SENATOR COGHILL asked if current statutory regulations will need                                                                
to be changed.                                                                                                                  
                                                                                                                                
MS. STEINBERG replied none have been identified.                                                                                
                                                                                                                                
SENATOR COGHILL observed that the capacity for public comment on                                                                
regulations appears to be limited.                                                                                              
                                                                                                                                
MS.  STEINBERG  replied there  is  a  public comment  period  for                                                               
regulations.  Responding to  a further  comment,  she said  there                                                               
isn't be much  flexibility but the regulations that  are in place                                                               
will probably be sufficient.                                                                                                    
                                                                                                                                
SENATOR  COGHILL asked  if this  helps  or hinders  communication                                                               
between states and nations.                                                                                                     
                                                                                                                                
MS.  STEINBERG  replied  UIFSA makes  interstate  enforcement  of                                                               
collecting support  much more efficient  and effective.  The goal                                                               
of  the  multilateral  treaty  is   to  extend  that  to  foreign                                                               
countries.                                                                                                                      
                                                                                                                                
2:01:14 PM                                                                                                                    
SENATOR COGHILL spoke  to the importance of  getting the original                                                               
order right.                                                                                                                    
                                                                                                                                
MS.  STEINBERG agreed,  and added  that the  other goal  in child                                                               
support enforcement is  the requirement for all states  to have a                                                               
uniform  set  of child  support  guidelines  that can  be  easily                                                               
applied.                                                                                                                        
                                                                                                                                
SENATOR COSTELLO asked  how many Alaska children  are involved in                                                               
child  support services  and  how many  have  parents in  foreign                                                               
countries.                                                                                                                      
                                                                                                                                
MS.  BEECHER  advised  that  about  49,000  Alaska  children  are                                                               
currently  in a  child support  case. Based  on a  sample survey,                                                               
about 42 percent have a parent who lives outside the U.S.                                                                       
                                                                                                                                
SENATOR COGHILL  expressed interest in  knowing how many  are and                                                               
are not European.                                                                                                               
                                                                                                                                
MS.  BEECHER  responded  that,  based  on  the  sample,  a  large                                                               
majority are German.                                                                                                            
                                                                                                                                
CHAIR MCGUIRE  thanked the  presenters for the  work they  do for                                                               
children.                                                                                                                       
                                                                                                                                
2:04:11 PM                                                                                                                    
CHAIR  MCGUIRE  announced  she  would  hold  SB  51  for  further                                                               
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
SB51 Sectional Analysis.pdf SJUD 2/27/2015 1:30:00 PM
SB 51
SB51 Doc_1 Uniform Law Commission Summary.pdf SJUD 2/27/2015 1:30:00 PM
SB 51
SB51 Doc_2 UIFSA (2008) Why States Should Adopt.pdf SJUD 2/27/2015 1:30:00 PM
SB 51
SB51 Doc_3 Uniform Law Commission Map of States.pdf SJUD 2/27/2015 1:30:00 PM
SB 51
SB51 Doc_4 UIFSA Testimony_Beaver.pdf SJUD 2/27/2015 1:30:00 PM
SB 51
SB51 Doc_5 Letter to House State Affairs Committee.pdf SJUD 2/27/2015 1:30:00 PM
SB 51
SB51 Doc_6 Supporting At-Risk Kids Act.pdf SJUD 2/27/2015 1:30:00 PM
SB 51
SB51 Doc_7 HCCH International Recovery of Child Support.pdf SJUD 2/27/2015 1:30:00 PM
SB 51
SB51 Doc_8 HCCH Countries.pdf SJUD 2/27/2015 1:30:00 PM
SB 51
SB51 Doc_9 US Senate Press Release.pdf SJUD 2/27/2015 1:30:00 PM
SB 51
SB51 Doc_10 Public Law Strengthening Families Act.pdf SJUD 2/27/2015 1:30:00 PM
SB 51
SB51 Doc_11 Title 42 Public Health and Welfare.pdf SJUD 2/27/2015 1:30:00 PM
SB 51