CSHB 344(FIN) AM: "An Act relating to paternity establishment and to support orders; relating to the crime of criminal nonsupport; relating to divorces, dissolutions, and actions to declare a marriage void; and providing for an effective date."
00CS FOR HOUSE BILL NO. 344(FIN) am 01 "An Act relating to paternity establishment and to support orders; relating to the 02 crime of criminal nonsupport; relating to divorces, dissolutions, and actions to 03 declare a marriage void; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. PURPOSE. The primary purpose of this Act is to amend the Alaska Statutes 06 to comply with the mandates of the federal Personal Responsibility and Work Opportunity 07 Reconciliation Act of 1996 and other federal law to ensure continued federal financial 08 participation for Alaska's child support enforcement, public assistance, and unemployment 09 programs. 10 * Sec. 2. AS 09.10.040(a) is amended to read: 11 (a) A [EXCEPT AS PROVIDED IN (b) OF THIS SECTION, A] person may 12 not bring an action upon a judgment or decree of a court of the United States, or of 13 a state or territory within the United States, and an action may not be brought upon 14 a sealed instrument, unless the action is commenced within 10 years.
01 * Sec. 3. AS 09.50.020 is amended by adding a new subsection to read: 02 (b) In addition to the penalty specified in (a) of this section, the court may 03 suspend or revoke, for a period not to exceed one year, a hunting license, sport fishing 04 license, or both, issued under AS 16.05, or the person's ability to obtain the licenses, 05 if 06 (1) the person is a natural person; 07 (2) the contempt is one under AS 09.50.010(4) - (10); and 08 (3) the court, sitting without a jury, finds by a preponderance of 09 evidence that the contempt related to failure to pay money in connection with a child 10 support action or proceeding. 11 * Sec. 4. AS 11.51.120(c) is amended to read: 12 (c) Criminal nonsupport is a class A misdemeanor and is also punishable by 13 loss of hunting and sport fishing licenses as provided in AS 12.55.139 . 14 * Sec. 5. AS 12.55 is amended by adding a new section to read: 15 Sec. 12.55.139. Penalties for criminal nonsupport. In addition to other 16 penalties imposed, for the offense of criminal nonsupport under AS 11.51.120, the 17 court may suspend or revoke, for a period not to exceed one year, a hunting license, 18 sport fishing license, or both, issued under AS 16.05, if the defendant is a natural 19 person. 20 * Sec. 6. AS 16.05.330 is amended by adding a new subsection to read: 21 (e) A natural person applying for a license or tag for hunting or sport fishing 22 shall provide the person's social security number on the license application. Upon 23 request, the department shall provide the social security number to the child support 24 enforcement agency created in AS 25.27.010, or the child support agency of another 25 state, for child support purposes authorized by law. 26 * Sec. 7. AS 16.05.346 is amended by adding a new subsection to read: 27 (d) A person applying for a permit under this section shall provide the person's 28 social security number on the permit application. Upon request, the department shall 29 provide the social security number to the child support enforcement agency created in 30 AS 25.27.010, or the child support agency of another state, for child support purposes 31 authorized by law.
01 * Sec. 8. AS 16.05.360 is amended to read: 02 Sec. 16.05.360. Commissioner charged with license issuance. The 03 commissioner or an authorized deputy shall issue each license and tag to a qualified 04 person under written application containing such reasonable information as required 05 by the commissioner. The commissioner shall designate the license and tag form or 06 type. The form or type must be sufficient to identify and locate the applicant , [AND] 07 establish the applicant's status as to residency and citizenship , and supply the 08 person's social security number if required by this chapter . Each application shall 09 be subscribed and sworn to by the applicant before an officer authorized to administer 10 oaths in the state. 11 * Sec. 9. AS 16.05.360 is amended by adding a new subsection to read: 12 (b) Upon request, the department shall provide a social security number 13 provided by an applicant under (a) of this section to the child support enforcement 14 agency created in AS 25.27.010, or the child support agency of another state, for child 15 support purposes authorized by law. 16 * Sec. 10. AS 18.50.310(h) is amended to read: 17 (h) Marriage license applications shall be open for public inspection or 18 examination during normal business hours. The bureau may, in response to a 19 request under AS 25.27.300, disclose to the child support enforcement agency 20 whether the bureau has a record indicating that a person has remarried after the 21 date specified by the agency. 22 * Sec. 11. AS 22.35 is amended by adding a new section to read: 23 Sec. 22.35.020. Copies of records for child support purposes. If a copy of 24 a court record is requested by the child support enforcement agency created in 25 AS 25.27.010 or a child support agency of another state, the official custodian of the 26 record shall provide the requesting agency with a copy of the record, including any 27 social security number that the record might contain. If the requested record is 28 maintained by the court system in an electronic data base, the record may be supplied 29 by providing the requesting agency with a copy of the electronic record and a 30 statement certifying its contents. A requesting agency receiving otherwise confidential 31 information under this section may use it only for child support purposes authorized
01 by law. 02 * Sec. 12. AS 25.20.050(n) is amended to read: 03 (n) Each [ON AND AFTER JULY 1, 1997, A] paternity order or [AN] 04 acknowledgment made under this section must include in the records relating to the 05 matter the social security numbers, if ascertainable, of the following persons: 06 (1) the father; 07 (2) the mother; 08 (3) the child. 09 * Sec. 13. AS 25.24.160(d) is amended to read: 10 (d) For each [IN A] judgment issued under this section, the court shall include 11 in the records relating to the matter the social security numbers, if ascertainable, of 12 the following persons: 13 (1) each party to the action; 14 (2) each child whose rights are addressed in the judgment. 15 * Sec. 14. AS 25.24.210(e) is amended to read: 16 (e) If the petition is filed by both spouses under AS 25.24.200(a), the petition 17 must state in detail the terms of the agreement between the spouses concerning the 18 custody of children, child support, visitation, spousal maintenance and tax 19 consequences, if any, and fair and just division of property, including retirement 20 benefits. Agreements on spousal maintenance and property division must fairly allocate 21 the economic effect of dissolution and take into consideration the factors listed in 22 AS 25.24.160(a)(2) and (4). In addition, the petition must state 23 (1) the respective occupations of the petitioners; 24 (2) the income, assets, and liabilities of the respective petitioners at the 25 time of filing the petition; 26 (3) the date and place of the marriage; 27 (4) the name, date of birth, and current marital, educational, and 28 custodial status of each child born of the marriage or adopted by the petitioners who 29 is under the age of 19; 30 (5) whether the wife is pregnant; 31 (6) whether either petitioner requires medical care or treatment;
01 (7) whether any of the following has been issued or filed during the 02 marriage by or regarding either spouse as defendant, participant, or respondent: 03 (A) a criminal charge of a crime involving domestic violence; 04 (B) a protective order under AS 18.66.100 - 18.66.180; 05 (C) injunctive relief under former AS 25.35.010 or 25.35.020; 06 or 07 (D) a protective order issued in another jurisdiction and filed 08 with the court in this state under AS 18.66.140; 09 (8) whether either petitioner has received the advice of legal counsel 10 regarding a divorce or dissolution; 11 (9) other facts and circumstances that the petitioners believe should be 12 considered; 13 (10) that the petition constitutes the entire agreement between the 14 petitioners; and 15 (11) any other relief sought by the petitioners [; 16 (12) THE SOCIAL SECURITY NUMBERS, IF ASCERTAINABLE, 17 OF THE FOLLOWING PERSONS: 18 (A) BOTH SPOUSES TO THE MARRIAGE BEING 19 DISSOLVED; 20 (B) EACH CHILD WHOSE RIGHTS ARE BEING 21 ADDRESSED IN THE PETITION FOR DISSOLUTION]. 22 * Sec. 15. AS 25.24.210 is amended by adding a new subsection to read: 23 (f) A petition filed under this section must include or be accompanied by a 24 record of the social security numbers, if ascertainable, of the following persons: 25 (1) both spouses to the marriage being dissolved; 26 (2) each child whose rights are being addressed in the petition for 27 dissolution. 28 * Sec. 16. AS 25.24.230(i) is amended to read: 29 (i) For each [IN A] judgment issued under this section, the court shall include 30 in the records relating to the matter the social security numbers, if ascertainable, of 31 the following persons:
01 (1) each party to the dissolution of marriage; 02 (2) each child whose rights are addressed in the judgment. 03 * Sec. 17. AS 25.25.602(a) is amended to read: 04 (a) A support order or income withholding order of another state may be 05 registered in this state by sending the following documents and information to a 06 tribunal of this state: 07 (1) a letter of transmittal to the tribunal requesting registration and 08 enforcement; 09 (2) two copies, including one certified copy, of all orders to be 10 registered, including any modification of an order; 11 (3) a sworn statement by the party seeking registration or a certified 12 statement by the custodian of the records showing the amount of any arrearage; 13 (4) the name of the obligor and, if known, 14 (A) the obligor's address and social security number; 15 (B) the name and address of the obligor's employer and any 16 other source of income of the obligor; and 17 (C) a description and the location of property in this state of the 18 obligor not exempt from execution; and 19 [(D) THE NAMES AND ADDRESSES OF ALL POTENTIAL 20 THIRD-PARTY RESOURCES, INCLUDING A HEALTH INSURER, THAT 21 MIGHT BE AVAILABLE TO MEET THE REQUIREMENTS OF A 22 MEDICAL SUPPORT ORDER; AND ] 23 (5) the name and address of the obligee and, if applicable, the agency 24 or person to whom support payments are to be remitted. 25 * Sec. 18. AS 25.25.611(a) is amended to read: 26 (a) After a child support order issued in another state has been registered in 27 this state, unless the provisions of AS 25.25.613 apply, the responding tribunal of this 28 state may modify that order only if, after notice and an opportunity for hearing, it finds 29 that 30 (1) the following requirements are met: 31 (A) the child, the individual obligee, and the obligor do not
01 reside in the issuing state; 02 (B) a petitioner who is not a resident of this state seeks 03 modification; and 04 (C) the respondent is subject to the personal jurisdiction of the 05 tribunal of this state; or 06 (2) [AN INDIVIDUAL PARTY OR] the child , or a party who is an 07 individual, is subject to the personal jurisdiction of the tribunal and all of the 08 [INDIVIDUAL] parties who are individuals have filed a written consent in the issuing 09 tribunal providing that a tribunal of this state may modify the support order and 10 assume continuing, exclusive jurisdiction over the order; however, if the issuing state 11 is a foreign jurisdiction that has not enacted a law or procedure substantially similar 12 to this chapter, the written consent of an [THE] individual [PARTY] residing in this 13 state is not required for the tribunal to assume jurisdiction to modify the child support 14 order. 15 * Sec. 19. AS 25.27.022(b) is amended to read: 16 (b) Except for requests for assistance made under (c) of this section or 17 AS 25.25.501, requests [REQUESTS] from child support enforcement agencies in 18 other states shall be made by application containing the information that this state's 19 agency requires and including written authorization from the requesting state agency 20 and the obligee for this state's agency to initiate necessary action. 21 * Sec. 20. AS 25.27.022 is amended by adding new subsections to read: 22 (c) Requests from a child support agency of another state for assistance in 23 enforcing support orders through high-volume automated administrative enforcement 24 may be made by electronic or other means and must include the information required 25 by 42 U.S.C. 666(a)(14). 26 (d) An employer receiving an income withholding order from a child support 27 agency of another state shall comply with the choice of law provisions of 28 AS 25.25.502(d), 25.25.503, and 42 U.S.C. 666(b)(6)(A)(i)(V). 29 * Sec. 21. AS 25.27.062(e) is amended to read: 30 (e) The agency or the person who obtains an income withholding order under 31 this chapter shall immediately send a copy of the income withholding order, a copy
01 of the relevant provisions of AS 25.27.260 and this section, and an explanation of the 02 effect of the statutes to persons who may owe money to an obligor. These items may 03 be sent by first class mail or certified mail, return receipt requested, or they may be 04 served personally by a process server, except that the agency alternatively may send 05 the items by electronic means. An income withholding order made under this chapter 06 is binding upon a person, employer, political subdivision, or department of the state 07 immediately upon receipt of a copy of the income withholding order. A person 08 receiving an income withholding order [AN EMPLOYER] shall immediately begin 09 withholding the specified amount from the obligor's earnings [EMPLOYEE'S 10 WAGES]. The amount withheld shall be sent to the agency within seven business 11 days after the date the amount would otherwise have been paid or credited to the 12 obligor [EMPLOYEE]. An employer may, for each payment made under an order, 13 deduct $5 from other wages or salary owed to the obligor. 14 * Sec. 22. AS 25.27.063(b) is amended to read: 15 (b) If an obligor who is required to provide health care coverage under a 16 medical support order is eligible for family health coverage through an employer 17 [DOING BUSINESS IN THE STATE], the court or agency issuing the medical 18 support order shall send a copy of the medical support order to the employer. If the 19 agency has notice that the obligor has changed or will be changing employment 20 and is or will be eligible for family health coverage through the new employer, the 21 agency shall send a copy of the medical support order to the new employer. 22 * Sec. 23. AS 25.27.075 is repealed and reenacted to read: 23 Sec. 25.27.075. Employment information. (a) An employer doing business 24 in the state shall report to the agency the hiring, rehiring, or return to work of each 25 employee. The report shall be made within the time limits set out in (b) of this 26 section. The report must contain the name, address, and social security number of the 27 newly hired employee, the name and address of the employer, and the identifying 28 number assigned to the employer by the United States Department of the Treasury, 29 Internal Revenue Service. 30 (b) An employer required to report under (a) of this section shall use the 31 following procedures to make the report:
01 (1) if the report is submitted magnetically or electronically, the report 02 shall be made in a format mutually agreed upon by the employer and the agency; an 03 employer reporting under this paragraph shall make two transmissions a month, not 04 less than 12 days nor more than 16 days apart; or 05 (2) if the report is not submitted magnetically or electronically, the 06 report shall be made on a United States Department of the Treasury, Internal Revenue 07 Service, W-4 form or, at the option of the employer, on an equivalent form, or by 08 electronic mail transmission over the Internet in a form approved by the agency; an 09 employer reporting under this paragraph shall make the report to the agency not later 10 than 20 days after the date of the hiring, rehiring, or return to work of the employee; 11 the report shall be transmitted by the employer by first class mail. 12 (c) An employer that does business in this state and that has employees in at 13 least one other state is not required to comply with (a) of this section if, in compliance 14 with the laws of that state, the employer 15 (1) submits timely magnetic or electronic reports of hires, rehires, or 16 returns to work to the state directory of new hires of another state in which the 17 employer has employees; and 18 (2) has provided written notification of its election under this subsection 19 to the United States Secretary of Health and Human Services. 20 (d) In addition to reporting under (a) of this section, a labor organization of 21 which an obligor is a member or another employer of the obligor shall promptly 22 provide to the agency, or the child support enforcement agency of another state, 23 information requested regarding the obligor's compensation, employment, wages or 24 salary, and occupation. 25 (e) An employer may charge $1 to each employee who is reported to the 26 agency under this section to cover the cost of the reporting. 27 (f) In addition to other sanctions available under the law, a labor organization 28 or another employer that violates this section is liable for a civil penalty for each 29 failure to meet the requirements of this section of not more than 30 (1) $25 for each employee who is newly hired, rehired, or newly 31 returned to work; and
01 (2) $500 if the failure is the result of a conspiracy between the 02 employee and either a labor organization or another employer not to supply the 03 required report or to supply a false or incomplete report concerning an employee. 04 (g) In this section, 05 (1) "employee" has the meaning given in 26 U.S.C. 3401(c); 06 "employee" does not include an employee of a federal or state agency performing 07 intelligence or counterintelligence functions if the head of that agency has determined 08 that reporting under this section on the employee could endanger the safety of the 09 employee or compromise an ongoing investigation or intelligence mission; 10 (2) "employer" has the meaning given in 26 U.S.C. 3401(d); 11 "employer" includes a governmental entity and a labor organization; 12 (3) "labor organization" has the meaning given in 29 U.S.C. 152; "labor 13 organization" includes an entity that is used by the labor organization and another 14 employer to carry out hiring or other requirements described in 29 U.S.C. 158(f)(3) in 15 accordance with an agreement between the labor organization and the other employer. 16 * Sec. 24. AS 25.27.085 is amended by adding a new subsection to read: 17 (g) If a person fails to comply with a subpoena issued under this section, the 18 agency may apply to the court for an order to compel obedience by proceedings for 19 contempt as in the case of disobedience of the requirements of a subpoena issued by 20 a court. In addition to the other remedies available to the court to compel compliance 21 with a subpoena under this section, the court may take an action described in 22 AS 09.50.020(b) regarding hunting and sport fishing licenses of a person who owes 23 overdue child support and fails to comply with the subpoena. 24 * Sec. 25. AS 25.27.165(c) is amended to read: 25 (c) A person served with a notice of paternity and financial responsibility and 26 accompanying orders under (b) of this section shall file a response, admitting or 27 denying paternity and providing the required financial information, within 20 days after 28 the date of service of the notice of paternity and financial responsibility. If the 29 putative father admits paternity, the agency shall issue, within 20 days after the 30 admission of paternity, a decision establishing paternity. If the putative father denies 31 paternity, the putative father shall submit to genetic testing, as provided in (b) of this
01 section, within 30 days after the date of service of the notice of paternity and financial 02 responsibility. If the putative father fails to file a response or fails to comply with 03 an accompanying order within the time and in the manner required in this 04 subsection, the agency may issue a decision by default establishing paternity and 05 financial responsibility, except that, if the proceeding was instituted at the request 06 of the putative father, the agency shall dismiss the proceeding without prejudice. 07 * Sec. 26. AS 25.27 is amended by adding a new section to read: 08 Sec. 25.27.167. Contempt of order for genetic testing. (a) If a person who 09 is located in this state fails to comply with an order for genetic testing issued by the 10 agency in this state, or the tribunal of another state, the agency in this state may certify 11 the facts to the superior court of this state. 12 (b) Upon certification under (a) of this section, the court shall issue an order 13 directing the person to appear and show cause why the person should not be punished 14 for contempt. The order and a copy of the certified statement shall be served on the 15 person in the manner required for service of court orders to show cause. 16 (c) After service under (b) of this section, the court has jurisdiction of the 17 matter brought under this section. 18 (d) The law of this state applicable to contempt of a court order applies to a 19 proceeding for contempt of order for genetic testing brought under this section. 20 * Sec. 27. AS 25.27.230(a) is repealed and reenacted to read: 21 (a) The agency shall assert a lien upon the real or personal property of the 22 obligor in the amount of the obligor's liability if an arrearage occurs under a support 23 order being enforced by the agency. 24 * Sec. 28. AS 25.27.230 is amended by adding new subsections to read: 25 (e) A lien arising in another state under the child support laws of that state 26 shall be given full faith and credit in this state. The lien may be asserted in this state 27 upon the real or personal property of the obligor in the amount of the obligor's liability 28 by complying with the requirements of this section. 29 (f) A lien recorded under this section is a judgment lien and may be enforced 30 by execution under AS 09.35 in the full amount of the obligor's liability at the time 31 of execution.
01 * Sec. 29. AS 25.27.240(a) is amended to read: 02 (a) The agency of this state or another state , or a party or other entity 03 seeking to enforce a child support obligation, may, at any time after recording of a 04 lien recorded under AS 25.27.230, serve a copy of the lien upon any person, political 05 subdivision, or department of the state possessing earnings, or deposits or balances 06 held in any bank account of any nature that are due, owing, or belonging to the 07 obligor. 08 * Sec. 30. AS 25.27.250(a) is repealed and reenacted to read: 09 (a) Without prior notice to the obligor, the agency may issue to any person, 10 including an entity, political subdivision, or state agency, an order to withhold and 11 deliver property under this section; the order may be issued 12 (1) immediately upon issuance of an income withholding order that 13 provides for immediate income withholding under AS 25.27.062(a); 14 (2) immediately after an arrearage occurs under a support order 15 described in AS 25.27.150(a); 16 (3) at the expiration of 30 days after the date of service of a notice and 17 finding of financial responsibility under AS 25.27.160; or 18 (4) at the expiration of 30 days after service of a decision establishing 19 paternity and financial responsibility under AS 25.27.165. 20 * Sec. 31. AS 25.27 is amended by adding a new section to read: 21 Sec. 25.27.300. Requests pertaining to remarriage. The agency shall, at the 22 request of a person who is an obligor under a support order enforced by the agency 23 that includes support for a parent with whom a child is living or at the request of a 24 child support enforcement agency of another jurisdiction that is enforcing a support 25 order that includes support for a parent with whom a child is living, request the Bureau 26 of Vital Statistics to disclose to the agency whether the parent has remarried in the 27 state after a specified date if the support order provides that the support for the parent 28 is payable only until the parent remarries. The agency may disclose to the obligor or 29 other child support enforcement agency, as applicable, the information provided by the 30 bureau. 31 * Sec. 32. AS 25.27.900(9) is amended to read:
01 (9) "support order" means any judgment, decree, or order that is issued 02 by a tribunal for the support and maintenance of a child or of [A CHILD AND] a 03 parent with whom the child is living; "support order" includes a judgment, decree, or 04 order 05 (A) on behalf of a child who has reached the age of majority 06 if the judgment, decree, or order was lawfully issued; and 07 (B) for 08 (i) monetary support, including arrearages; 09 (ii) payment of health care costs or maintenance of 10 health insurance; 11 (iii) reimbursement of related costs; 12 (iv) payment of attorney fees and legal costs and other 13 fees; and 14 (v) penalty, interest, and other relief as required by a 15 tribunal ; [.] 16 * Sec. 33. AS 25.27.900 is amended by adding new paragraphs to read: 17 (11) "arrearage" means a debt for support that is past due and equal to 18 at least one monthly obligation under the support order; 19 (12) "high-volume automated administrative enforcement" means the 20 use of automatic data processing to search various state data bases, including license 21 records, employment service data, and state new-hire registries, to determine whether 22 information is available regarding a parent who owes a child support obligation. 23 * Sec. 34. AS 28.15.061(b) is amended to read: 24 (b) An application under (a) of this section must 25 (1) contain the applicant's full name, social security number, date and 26 place of birth, sex, and mailing and residence addresses; 27 (2) state whether the applicant has been previously licensed as a driver 28 and, if so, when and by what jurisdiction; 29 (3) state whether any previous driver's license issued to the applicant 30 has ever been suspended or revoked or whether an application for a driver's license has 31 ever been refused and, if so, the date of and reason for the suspension, revocation, or
01 refusal; and 02 (4) contain other information that the department may reasonably 03 require to determine the applicant's identity, competency, and eligibility. 04 * Sec. 35. AS 28.15.061 is amended by adding a new subsection to read: 05 (g) Upon request, the department shall provide a social security number 06 provided under this section to the child support enforcement agency created in 07 AS 25.27.010, or the child support agency of another state, for child support purposes 08 authorized by law. 09 * Sec. 36. Section 148(c), ch. 87, SLA 1997, is amended to read: 10 (c) The amendments made by other sections of this Act are repealed July 1, 11 2001 [1999]. Each statute amended by this Act is repealed and reenacted on July 1, 12 2001 [1999], to read as it existed on the day before the amendment to the law under 13 this Act took effect. Notwithstanding AS 01.10.100(c), a statute repealed under (a) of 14 this section is revived and reenacted on July 1, 2001 [1999], to read as it existed on 15 the day before the effective date of (a) of this section. A court rule that was amended 16 by a statute repealed or reenacted by this Act is further amended on July 1, 2001 17 [1999], to delete the change that had been made by other sections of this Act. 18 * Sec. 37. AS 09.10.040(b) is repealed. 19 * Sec. 38. APPLICABILITY. The report required under AS 25.27.075(a), enacted by sec. 20 23 of this Act, applies to the hiring, rehiring, or return to work of an employee that occurs on 21 or after the effective date of this Act. 22 * Sec. 39. This Act takes effect immediately under AS 01.10.070(c).