CS FOR SENATE BILL NO. 96(FIN) "An Act relating to nonpayment of child support, to the definition of the term "state" for the purposes of the Uniform Interstate Family Support Act, to certain judicial and administrative orders for medical support of a child, to periodic review and adjustment of child support orders, to relief from administrative child support orders, to child support arrearages, and to medical support of a child and the Alaska Native family assistance program; amending Rule 90.3, Alaska Rules of Civil Procedure; and providing for an effective date." LINDA ZOG, STAFF, SENATOR BETTYE DAVIS, introduced the bill and read from the Sponsor Statement (copy on file). Senate Bill 96 brings the state into compliance with the federal government regulations adopted in July 2008, which requires states to have guidelines addressing how either or both parents will provide for a child's health care needs. If a parent is ordered to pay for health care including cost medical support, the Child Support Services Division (CSSD) must enforce the ongoing medical support obligation as well as collect any cash medical support arrears. Failure to satisfy these mandated requirements jeopardizes $85 million in federal funding for both the Alaska Child Support Program and Temporary Assistance for Needy Families (TANF). The bill adds an "Indian tribe" and the "United States Virgin Islands" to the definition of state. The bill adds to existing law the authority for a tribunal to order either or both parents to pay cash medical support, if warranted. In addition, the bill directs CSSD to review child support orders for modification on a federally mandated three-year cycle. The bill adds "cash medical support" to the definition of arrears, and to the definition of support order, enabling Child Support Enforcement to use existing enforcement tools to collect a cash medical support obligation on behalf of the child. Finally, the bill removes the language of who may request the correction of a clerical mistake in an administrative order, or request the vacation of an administrative order based on defaulted information. The bill assures $85 million to the state for child support enforcement and TANF. 7:04:48 PM GINGER BLAISDELL, DIRECTOR, DIVISION OF ADMINISTRATIVE SERVICES, DEPARTMENT OF REVENUE, presented a list of people available to answer specific questions regarding the bill. Co-Chair Hawker asked if the department and the governor support the bill. Ms. Blaisdell reported that they do. 7:05:59 PM Vice-Chair Thomas MOVED to adopt Amendment 2: Page 2, line 8, following "order.": Delete "In adopting UIFSA conforming amendments, the legislature does not intend to grant or restrict tribal jurisdiction to enter, modify, or enforce child support orders, and the amendments are not intended, either directly or impliedly, to acknowledge, expand, or restrict tribal jurisdiction." Insert "In adopting UIFSA conforming amendments, the legislative intent is: (1) to remain neutral on the issue of the underlying child support jurisdiction, if any, for the entities listed in the amended definition of "state." (2) not expand or restrict the child support jurisdiction, if any, of the listed "state" entities in the amended definition; and (3) not to assume or express any opinion about whether those entities have child support jurisdiction either in fact or in law." Renumber accordingly. Co-Chair Hawker OBJECTED for discussion. 7:06:30 PM PETER PUTZIER, SENIOR ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW, explained that Amendment 2 relates to the legislative intent language. The legislative intent language applies only to the Uniform Interstate Family Support Act (UIFSA) portion of the legislation and is related to State of Alaska Statute 25.25. The intent was to specify, with the writing of the amendment, that the department was not reshaping or restructuring state tribal governmental relationships, or making a broad jurisdictional statement. Rather, the intent was to make a technical amendment to unify Alaska with the rest of the nation and with the federal act. Co-Chair Hawker WITHDREW his objection. There being NO OBJECTION, Amendment 2 was ADOPTED. 7:09:37 PM Co-Chair Hawker requested that legislative legal be allowed to make technical changes to the amendment. Mr. Putzier pointed out that many parties had negotiated in determining the final language of the amendment. He requested that it go forward as written. Co-Chair Hawker withdrew his request to grant authority to legislative legal to make technical changes to the amendment. He requested that the amendment be drafted as written. 7:11:56 PM Representative Foster asked Mr. Robert Loescher to discuss the amendment. ROBERT W. LOESCHER, TRIBAL JUDICIARY COMMITTEE MEMBER, CENTRAL COUNCIL TLINGIT & HAIDA INDIAN TRIBES OF ALASKA, shared that the amendment being offered was satisfactory to the council and urged committee support. 7:13:17 PM Co-Chair Hawker opened public testimony, none being offered, public testimony was closed. 7:15:09 PM Representative Gara asked if it would be possible to work with the bill's sponsors and the chairs of both finance committees, to incorporate foster care reform legislation into the bill. Co-Chair Hawker was hesitant to hold the bill in committee. Representative Gara said that he would speak to the necessary channels before the bill was heard on the House floor. Co-Chair Hawker noted the zero fiscal note. Ms. Blaisdell pointed out that the passing of the legislation would be of no additional cost to the department. She warned that there was a chance that the state could lose up to $85 million if the legislation did not pass. 7:17:38 PM Vice-Chair Thomas MOVED to report HCS CSSB 96 (FIN), as amended, out of Committee with individual recommendations and the accompanying fiscal note. There being NO OBJECTION, it was so ordered. HCS CSSB 96 (FIN) was REPORTED out of Committee with a "do pass" recommendation and with zero fiscal note #1 by the Department of Revenue. 7:19:02 PM