ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 9, 2015
1:34 p.m.
MEMBERS PRESENT
Senator Lesil McGuire, Chair
Senator John Coghill, Vice Chair
Senator Mia Costello
Senator Peter Micciche
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 5
"An Act relating to loss of income and valuing property for
orders of restitution."
- MOVED SB 5 OUT OF COMMITTEE
SENATE BILL NO. 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."
- MOVED CSSB 51(JUD) OUT OF COMMITTEE
SENATE BILL NO. 41
"An Act relating to criminal history record checks for
psychologists and psychological associates; and providing for an
effective date."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: SB 51
SHORT TITLE: UNIFORM INTER.CHILD SUPPORT; PARENTAGE
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/11/15 (S) READ THE FIRST TIME - REFERRALS
02/11/15 (S) JUD, FIN
02/18/15 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/18/15 (S) <Above Item Removed from Agenda>
02/18/15 (S) MINUTE(JUD)
02/27/15 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/27/15 (S) Heard & Held
02/27/15 (S) MINUTE(JUD)
03/09/15 (S) JUD AT 1:30 PM BUTROVICH 205
BILL: SB 5
SHORT TITLE: RESTITUTION: PROPERTY AND INCOME LOSS
SPONSOR(s): MICCICHE
01/21/15 (S) PREFILE RELEASED 1/9/15
01/21/15 (S) READ THE FIRST TIME - REFERRALS
01/21/15 (S) L&C, JUD
02/19/15 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/19/15 (S) Moved SB 5 Out of Committee
02/19/15 (S) MINUTE(L&C)
02/20/15 (S) L&C RPT CS 5DP
02/20/15 (S) DP: COSTELLO, STEVENS, GIESSEL, MEYER,
ELLIS
02/20/15 (S) FIN REFERRAL ADDED AFTER JUD
03/02/15 (S) JUD AT 1:00 PM BUTROVICH 205
03/02/15 (S) Heard & Held
03/02/15 (S) MINUTE(JUD)
03/09/15 (S) JUD AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
CAROL BEECHER, Director
Child Support Services Division
Department of Revenue
Anchorage, Alaska,
POSITION STATEMENT: Was present to answer questions regarding SB
5.
STACY STEINBERG, Chief Assistant Attorney General
Civil Division
Collections and Support Section
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Explained changes in the new committee
substitute (CS) for SB 51, version W.
ACTION NARRATIVE
1:34:38 PM
CHAIR LESIL MCGUIRE called the Senate Judiciary Standing
Committee meeting to order at 1:34 p.m. Present at the call to
order were Senators Coghill, Costello, Micciche, Wielechowski,
and Chair McGuire. She noted that SB 41 would not be heard.
SB 5-RESTITUTION: PROPERTY AND INCOME LOSS
1:35:28 PM
CHAIR MCGUIRE announced the consideration of SB 5. "An Act
relating to loss of income and valuing property for orders of
restitution."
SENATOR MICCICHE expressed hope that the committee was ready to
move the bill. He stated that loss of income should be included
as restitution, actual damage should be considered, and the
victim should be made as whole as possible, depending on the
financial capacity of the perpetrator.
CHAIR MCGUIRE inquired if there was any further public
testimony. Finding none, she closed public testimony.
1:36:27 PM
SENATOR WIELECHOWSKI voiced concern about creating debtor
prisons. He provided a hypothetical example of a young person
making a mistake that follows them through life. He acknowledged
that nobody came forward to testify about that and the public
defender didn't express concern.
SENATOR COGHILL pointed out that there is a prohibition against
debtor prisons in the constitution.
SENATOR MICCICHE said he isn't interested in keeping someone in
prison; his goal would be to get them earning as soon as
possible and take a fair portion of those earnings. SB 5 says
loss of income and the actual value of the item should be
considered for restitution. He doesn't believe in debtor prison
or indentured servitude. The goal is to allow the perpetrator to
be responsible. He acknowledged that complete restitution will
not be possible in many cases.
SENATOR COGHILL offered to provide the citation from the Alaska
Constitution.
CHAIR MCGUIRE noted Senator Wielechowski made the point that the
bill uses "shall" and the hope is that every judge would have
some discretion. She said it's good to put it on the record that
debtor's prison isn't allowed in Alaska. She agreed with Senator
Micciche that there is a real value to the losses that people
suffer and that it's an important policy to change. She asked
Senator Wielechowski if he wanted to offer an amendment.
SENATOR WIELECHOWSKI answered no. He supports victims being
fully compensation, but wanted to say it for the record. He's
pleased that there is no intent to put people in jail if they
can't meet the restitution payment. He noted that the bill says
that courts "shall take into account" and make an appropriate
order.
1:40:40 PM
SENATOR COGHILL motioned to report SB 5, version H, from
committee with individual recommendations and no fiscal note.
CHAIR MCGUIRE announced that without objection, SB 5 is reported
from the Senate Judiciary Standing Committee.
SB 51-UNIFORM INTER.CHILD SUPPORT; PARENTAGE
1:41:33 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." She asked Senator Coghill if his concerns had
been satisfied.
SENATOR COGHILL said he had questions on drafting style.
CHAIR MCGUIRE asked for a motion to adopt the proposed committee
substitute (CS).
SENATOR COGHILL moved to adopt the CS for SB 51, labeled 29-
GS1897\W, as the working document.
CHAIR MCGUIRE found no objection and announced that version W
was before the committee.
1:42:04 PM
CHAIR MCGUIRE requested an explanation of the changes.
CAROL BEECHER, Director, Child Support Services Division,
Department of Revenue, introduced herself.
STACY STEINBERG, Chief Assistant Attorney General, Civil
Division, Collections and Support Section, Department of Law,
stated that she reviewed legislative counsel Kate Glover's memo
regarding the changes to SB 51. It does two basic things. It
takes care of the issues with the legislative drafting style and
it makes a few changes that the federal Office of Child Support
requested to ensure that the bill is in line with the Uniform
Act.
MS. STEINBERG provided the following sectional analysis,
reviewing the changes between version A and the new committee
substitute version W:
AS 25.25.101: The definitions in Section 1 of version
A were separated into Sections 1 - 16 in version W.
This change was to be consistent with drafting style.
AS 25.25.102(b): Page 6, line 12 of version A read
"agency under AS 25.27.010". Version W reads "agency
created under AS 25.27.010". This change was to be
consistent with drafting style.
1:44:41 PM
AS 25.25.205(a): Section 26 of version W deletes a
semicolon that followed "order" in version A and adds
a comma after "and" on the same line.
AS 25.25.205(b)(2): Section 27 of version W changes
"its" to "the tribunal's" for clarity and to conform
with style.
AS 25.25.207(b): Section 32 of version W reads "shall
determine, by order,". Section 17 of version A on page
10, line 29, read "by order shall determine". This was
changed for clarity.
AS 25.25.207(e): Section 35 of version W includes a
grammatical change. A comma was added following
"determines".
AS 25.25.280: Section 40 of version W makes a
grammatical change. A comma was added following
"apply".
AS 25.25.304(b): Section 43 of version W, adds "the"
following "under".
AS 25.25.307(b): Version A reads "within five days of
receipt,". Version W reads "within five days after
receipt,". This is consistent with the style of both
the state statutes and the Uniform Code.
CHAIR MCGUIRE asked Ms. Steinberg to concentrate on the
substantive changes.
MS. STEINBERG said most changes are stylistic.
1:49:33 PM
At ease
1:54:52 PM
CHAIR MCGUIRE reconvened the meeting and reiterated her request
that Ms. Steinberg concentrate on the substantive changes.
MS. STEINBERG explained on page 16, line 11, the phrase "in a
record" was inserted replacing "written". This is specific
language in the Uniform Act.
Page 19, line 27, the phrase "under penalty of perjury" was
added to match the exact language in the Uniform Act.
Page 30, the definition for "foreign support agreement" was
changed to match the Uniform Law Commission definition.
MS. STEINBERG concluded that the rest of the changes were not
substantive.
1:57:03 PM
SENATOR COGHILL asked how the drafting was done.
MS. STEINBERG explained that the Department of Law prepared the
first draft, the federal Office of Child Support reviewed it and
suggested a few changes, and then legislative counsel for Legal
Services incorporated legislative drafting styles.
CHAIR MCGUIRE found no public testifiers and closed public
testimony.
SENATOR COGHILL described SB 51 as a "take it or leave it bill."
He commented on the effective date.
MS. STEINBERG agreed with the characterization and noted that
the effective date must be July 1, 2015.
CHAIR MCGUIRE expressed hope that the bill would help children.
SENATOR COGHILL noted there was still no protection for children
in the Pacific Rim.
SENATOR COGHILL motioned to report CS for SB 51(JUD) from
committee with individual recommendations and attached fiscal
note(s).
CHAIR MCGUIRE announced that without objection, CSSB 51(JUD) is
reported from the Senate Judiciary Standing Committee.
2:00:11 PM
There being nothing further to come before the committee,
adjourned the Senate Judiciary Standing Committee at 2:00 p.m.