HJUD - 02/22/95 HB 108 - USE PFD'S TO RECOVER WELFARE OVERPAYMENTS Number 070 REPRESENTATIVE TOOHEY, sponsor of the bill, read the following sponsor statement: "House Bill 108 would give the Department of Health and Social Services the administrative authority to garnish permanent fund dividends of individuals who have received public assistance overpayments and are delinquent in repaying the debt. "Frequently persons receiving overpayments agree to repay the debt, but fail to do so. If a person is still on public assistance, the person's benefit can be reduced as a means of collection, but if a person is off assistance, collection becomes difficult. There is currently over half a million dollars in outstanding debt due the Department. "Collection through the court system can be time-consuming and costly, House Bill 108 would allow the Department to pursue in the same manner that delinquent loans are pursued." REPRESENTATIVE TOOHEY said this legislation is supported by the Department of Health and Social Services. There are two positive revenue generating fiscal notes from the Department of Health and Social Services, and a zero fiscal note from the Department of Revenue. She introduced Elmer Lindstrom who came to testify. ELMER LINDSTROM, Special Assistant, Office of the Commissioner, Department of Health and Social Services, had nothing to add, except that they do support the bill. Number 135 REPRESENTATIVE FINKELSTEIN assumed the department currently has the power to garnish permanent fund dividends (PFDs) for someone who is a current recipient. MR. LINDSTROM answered if the person is a current recipient of public assistance, it would be a matter of reducing their future payments. This is only an issue for people who have left the caseload, and have been overpaid. Number 150 REPRESENTATIVE FINKELSTEIN asked if the first sentence, AS 09.38 applies to PFDs taken under this new section we were making. ANNE CARPENETI, House Judiciary Committee Aide, said there are exceptions for bankruptcy. REPRESENTATIVE FINKELSTEIN asked if you would still have this debt if you went bankrupt. MS. CARPENETI said that was right. Number 170 REPRESENTATIVE DAVIS made a motion to move the bill out of committee with accompanying fiscal notes and individual recommendations. Hearing no objection, it was so ordered.