Legislature(1993 - 1994)

03/21/1994 09:13 AM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 CHAIRMAN LEMAN brings up (SB 302 UNIFORM INTERSTATE FAMILY SUPPORT            
 ACT) as the next order of business before the committee.  The                 
 chairman calls Mr. Mallonee to testify.                                       
                                                                               
 Number 395                                                                    
                                                                               
 JOHN MALLONEE, Deputy Director, Child Support Enforcement Division            
 (CSED), Department of Revenue states SB 302 addresses one of the              
 most complex and difficult areas of child support establishment and           
 enforcement, since we have to deal with multiple states, that have            
 varying laws and procedures within their own child support                    
 enforcement and establishment.  This bill will clarify the                    
 procedures used among the states when this legislation has been               
 passed by all the states.  Currently, these laws are not federally            
 mandated, however, there are bills in congress which may mandate              
 this legislation in the future.  This legislation has been passed             
 in eight states, and is pending in twenty-five additional states.             
                                                                               
 Number 405                                                                    
                                                                               
 CHAIRMAN LEMAN states that would bring the total number of states             
 with this legislation to 33, assuming all twenty-five states in               
 which legislation is pending, passed that legislation.  The                   
 chairman asks if there are questions from committee members.  The             
 chairman comments uniform acts tend to be quite long pieces of                
 legislation, and he has not had time to review SB 302 in detail.              
 The chairman notes SB 302 is supported by the U.S Commission on               
 Interstate Child Support, the American Bar Association, and the               
 state Child Support Enforcement Division.                                     
                                                                               
 Number 418                                                                    
                                                                               
 CHAIRMAN LEMAN notes that the analysis for fiscal note #2 states              
 the "U.S. Commission on Interstate Child Support recommends                   
 verbatim enactment of this legislation, under penalty of losing               
 federal funding."  The chairman says he does not want to tinker               
 just for the sake of tinkering, and asks if it is Mr. Mallonee's              
 opinion that even changing something small would put the state in             
 jeopardy of losing federal funds.                                             
                                                                               
 MR. MALLONEE does not think minor changes would create problems for           
 the state or problems with the other states.  The problem with                
 changes to a uniform bill, however, is that it needs to be as                 
 uniform as possible throughout the states.  Minor changes should              
 not be a problem, but no substantive changes should be made.                  
                                                                               
 CHAIRMAN LEMAN asks if there have been any other hearings in the              
 legislature on SB 302.                                                        
                                                                               
 MR. MALLONEE responds this hearing is the first.                              
                                                                               
 Number 438                                                                    
                                                                               
 SENATOR TAYLOR states he is concerned with the 1.5 million                    
 projected operating costs.                                                    
                                                                               
 CHAIRMAN LEMAN replies 1.5 million is a revenue fund source, not an           
 operating cost.                                                               
                                                                               
 Number 443                                                                    
                                                                               
 MR. MALLONEE says SB 302 will not so much simplify the procedure of           
 interstate child support, as it will clarify who has responsibility           
 for certain aspects of the procedure.  This bill has several                  
 requirements which will increase the work of CSED.   One, is that             
 certain notices will have to be given within 48 hours.  Another is            
 that there will be more persons utilizing the child support                   
 enforcement system when this legislation is enacted.  Those things            
 will increase the caseload to some extent.  CSED's caseload                   
 consists of approximately 30% to 35% interstate cases.  Mr.                   
 Mallonee believes this percentage will increase as procedures are             
 simplified.                                                                   
                                                                               
 Number 464                                                                    
                                                                               
 SENATOR TAYLOR asks where the funding is coming from for the                  
 revenue fund source on fiscal note #2                                         
                                                                               
 LARAINE DERR, Deputy Commissioner, Department of Revenue clarifies            
 Senator Taylor is looking at an old fiscal note.  The current                 
 fiscal note was signed 3/10/94.                                               
                                                                               
 CHAIRMAN LEMAN says he is looking at the fiscal note dated 1/31/94.           
                                                                               
 MS. DERR states the original fiscal note was revised to show CSED's           
 best guess as to increased caseload.                                          
                                                                               
 Number 490                                                                    
                                                                               
 CHAIRMAN LEMAN says CSED expects an increased caseload, but that in           
 all cases, revenues coming in will exceed expenditure.  The money             
 coming in will exceed money spent by the state on such things as              
 welfare.                                                                      
                                                                               
 MS. DERR says half the money brought into the state is reimbursed             
 to the federal government.                                                    
                                                                               
 MR. MALLONEE states those would be interstate collections of AFDC             
 (Aid to Families with Dependant Children) disbursements.                      
                                                                               
 Number 499                                                                    
 CHAIRMAN LEMAN asks if CSED has any comparisons between URESA                 
 (Uniform Reciprocal Enforcement Support Act) and UIFSA (Uniform               
 Interstate Family Support Act).                                               
                                                                               
 MR. MALLONEE replies he does not have anything at hand, but can put           
 something together.                                                           
                                                                               
 Number 512                                                                    
                                                                               
 CHAIRMAN LEMAN says he would like to get a little more familiar               
 with SB 302.  The committee could bring the bill back up Wednesday            
 morning, if the committee can get some information by Tuesday                 
 afternoon.                                                                    
                                                                               
 Number 516                                                                    
                                                                               
 SENATOR TAYLOR asks where the provisions are in SB 302 concerning             
 visitation.                                                                   
                                                                               
 MR. MALLONEE responds there are no provisions in SB 302 which                 
 specifically address visitation.                                              
                                                                               
 Number 520                                                                    
                                                                               
 SENATOR TAYLOR says there were provisions addressing visitation in            
 URESA.                                                                        
                                                                               
 MR. MALLONEE replies SB 302 deals strictly with enforcement of                
 child support and establishment of paternity.                                 
                                                                               
 SENATOR TAYLOR asks if the administration is going to address the             
 issue of visitation, or is the administration only concerned with             
 the amount of money non-custodial parents are expected to pay.                
                                                                               
 MR. MALLONEE says he does not have the answer to that question.  He           
 does realize that visitation has become a key word for many people,           
 and he understands the concern with visitation.  However,                     
 visitation is not for CSED to determine.  The courts determine                
 visitation.                                                                   
                                                                               
 Number 534                                                                    
                                                                               
 CHAIRMAN LEMAN says the question that needs to be answered is, if             
 URESA is repealed, and UIFSA does not address visitation, how will            
 the issue of visitation be affected?  The chairman asks Ms. Derr              
 and Mr. Mallonee to look at that issue and be prepared to address             
 it on Wednesday.  The chairman asks if anyone else wishes to                  
 testify.  Hearing none, he announces the committee will hear the              
 bill again on Wednesday, March 23, 1994.                                      

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