Legislature(2015 - 2016)BELTZ 105 (TSBldg)
02/27/2015 01:30 PM Senate JUDICIARY
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Audio | Topic |
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Start | |
SB51 | |
SB49 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+= | SB 51 | TELECONFERENCED | |
*+ | SB 49 | TELECONFERENCED | |
+ | 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 |
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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 |