SCS CSHB 344(FIN) AM S: "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."
00SENATE CS FOR CS FOR HOUSE BILL NO. 344(FIN) am S 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; FINDINGS. The primary purpose of this Act is to amend the 06 Alaska Statutes to comply with the mandates of the federal Personal Responsibility and Work 07 Opportunity Reconciliation Act of 1996 and other federal law to ensure continued federal 08 financial participation for Alaska's child support enforcement, public assistance, and 09 unemployment programs. The legislature finds that the federal requirements are unreasonable 10 and constitutionally questionable, and the statutory changes that must be made to meet the 11 federal requirements may do little to improve collection of child support. These statutory 12 changes are being made only under duress from the federal government. 13 * Sec. 2. AS 09.10.040(a) is amended to read: 14 (a) A [EXCEPT AS PROVIDED IN (b) OF THIS SECTION, A] person may
01 not bring an action upon a judgment or decree of a court of the United States, or of 02 a state or territory within the United States, and an action may not be brought upon 03 a sealed instrument, unless the action is commenced within 10 years. 04 * Sec. 3. AS 09.50.020 is amended by adding new subsections to read: 05 (b) In addition to the penalty specified in (a) of this section, the court may 06 suspend, restrict, or revoke, for a period not to exceed six months, a driver's license 07 as defined in AS 28.40.100, a license as defined in AS 25.27.244(s), or a recreational 08 license, or any combination of these licenses, or the person's ability to obtain the 09 licenses, if 10 (1) the person is a natural person; 11 (2) the contempt is one under AS 09.50.010(4) - (10); and 12 (3) the court, sitting without a jury, finds by a preponderance of 13 evidence that the contempt related to failure to pay money in connection with a child 14 support action or proceeding or failure to comply with a subpoena or warrant relating 15 to a paternity or child support proceeding. 16 (c) In this section, "recreational license" means a recreational fishing license 17 or recreational hunting license. In this subsection, 18 (1) "recreational fishing license" means a sport fishing license under 19 AS 16.05.340 unless that license is required for participation in personal use fishing, 20 as defined in AS 16.05.940, or subsistence fishing, as defined in AS 16.05.940 and 21 modified by decisions of the Alaska Supreme Court; 22 (2) "recreational hunting license" means a hunting license under 23 AS 16.05.340 unless that license is required for participation in subsistence hunting, 24 as defined in AS 16.05.940 and modified by decisions of the Alaska Supreme Court. 25 * Sec. 4. AS 11.51.120(c) is amended to read: 26 (c) Criminal nonsupport is a class A misdemeanor and is also punishable by 27 loss or restriction of a recreational license as provided in AS 12.55.139 . 28 * Sec. 5. AS 12.55 is amended by adding a new section to read: 29 Sec. 12.55.139. Penalties for criminal nonsupport. In addition to other 30 penalties imposed for the offense of criminal nonsupport under AS 11.51.120, the court 31 may suspend, restrict, or revoke, for a period not to exceed six months, a recreational
01 license as defined in AS 09.50.020(c), if the defendant is a natural person. 02 * Sec. 6. AS 16.05.330 is amended by adding a new subsection to read: 03 (e) A natural person applying for a license or tag for hunting or sport fishing 04 shall provide the person's social security number on the license application. Upon 05 request, the department shall provide the social security number to the child support 06 enforcement agency created in AS 25.27.010, or the child support agency of another 07 state, for child support purposes authorized by law. 08 * Sec. 7. AS 16.05.346 is amended by adding a new subsection to read: 09 (d) A person applying for a permit under this section shall provide the person's 10 social security number on the permit application. Upon request, the department shall 11 provide the social security number to the child support enforcement agency created in 12 AS 25.27.010, or the child support agency of another state, for child support purposes 13 authorized by law. 14 * Sec. 8. AS 16.05.360 is amended to read: 15 Sec. 16.05.360. Commissioner charged with license issuance. The 16 commissioner or an authorized deputy shall issue each license and tag to a qualified 17 person under written application containing such reasonable information as required 18 by the commissioner. The commissioner shall designate the license and tag form or 19 type. The form or type must be sufficient to identify and locate the applicant , [AND] 20 establish the applicant's status as to residency and citizenship , and supply the 21 person's social security number if required by this chapter . Each application shall 22 be subscribed and sworn to by the applicant before an officer authorized to administer 23 oaths in the state. 24 * Sec. 9. AS 16.05.360 is amended by adding a new subsection to read: 25 (b) Upon request, the department shall provide a social security number 26 provided by an applicant under (a) of this section to the child support enforcement 27 agency created in AS 25.27.010, or the child support agency of another state, for child 28 support purposes authorized by law. 29 * Sec. 10. AS 18.50.310(h) is amended to read: 30 (h) Marriage license applications shall be open for public inspection or 31 examination during normal business hours. The bureau may, in response to a
01 request under AS 25.27.300, disclose to the child support enforcement agency 02 whether the bureau has a record indicating that a person has remarried after the 03 date specified by the agency. 04 * Sec. 11. AS 22.35 is amended by adding a new section to read: 05 Sec. 22.35.020. Copies of records for child support purposes. If a copy of 06 a court record is requested by the child support enforcement agency created in 07 AS 25.27.010 or a child support agency of another state, the official custodian of the 08 record shall provide the requesting agency with a copy of the record, including any 09 social security number that the record might contain. If the requested record is 10 maintained by the court system in an electronic data base, the record may be supplied 11 by providing the requesting agency with a copy of the electronic record and a 12 statement certifying its contents. A requesting agency receiving otherwise confidential 13 information under this section may use it only for child support purposes authorized 14 by law. 15 * Sec. 12. AS 25.20.050(n) is amended to read: 16 (n) Each [ON AND AFTER JULY 1, 1997, A] paternity order or [AN] 17 acknowledgment made under this section must include in the records relating to the 18 matter the social security numbers, if ascertainable, of the following persons: 19 (1) the father; 20 (2) the mother; 21 (3) the child. 22 * Sec. 13. AS 25.24 is amended by adding a new section to read: 23 Sec. 25.24.152. Children as dependents for tax purposes. (a) In an action 24 for divorce, dissolution, or to declare a marriage void, the court may not 25 unconditionally grant to a noncustodial parent the right to claim a child as a dependent 26 under federal income tax laws. The court may grant a noncustodial parent the right 27 to claim a child as a dependent under federal tax laws for a tax year if the 28 noncustodial parent satisfies the requirements of federal law and was not in arrears at 29 the end of the tax year in an amount more than four times the monthly obligation 30 under 31 (1) a support order applicable to the child in cases where a payment
01 schedule has not been established for payment of continuing support and accumulated 02 arrears under the support order; or 03 (2) a payment schedule if a payment schedule has been established for 04 payment of continuing support and accumulated arrears under a support order 05 applicable to the child. 06 (b) In this section, "noncustodial parent" means the parent who has actual 07 physical custody of the child for less time than the other parent. 08 * Sec. 14. AS 25.24.160(d) is amended to read: 09 (d) For each [IN A] judgment issued under this section, the court shall include 10 in the records relating to the matter the social security numbers, if ascertainable, of 11 the following persons: 12 (1) each party to the action; 13 (2) each child whose rights are addressed in the judgment. 14 * Sec. 15. AS 25.24.210(e) is amended to read: 15 (e) If the petition is filed by both spouses under AS 25.24.200(a), the petition 16 must state in detail the terms of the agreement between the spouses concerning the 17 custody of children, child support, visitation, spousal maintenance and tax 18 consequences, if any, and fair and just division of property, including retirement 19 benefits. Agreements on spousal maintenance and property division must fairly allocate 20 the economic effect of dissolution and take into consideration the factors listed in 21 AS 25.24.160(a)(2) and (4). In addition, the petition must state 22 (1) the respective occupations of the petitioners; 23 (2) the income, assets, and liabilities of the respective petitioners at the 24 time of filing the petition; 25 (3) the date and place of the marriage; 26 (4) the name, date of birth, and current marital, educational, and 27 custodial status of each child born of the marriage or adopted by the petitioners who 28 is under the age of 19; 29 (5) whether the wife is pregnant; 30 (6) whether either petitioner requires medical care or treatment; 31 (7) whether any of the following has been issued or filed during the
01 marriage by or regarding either spouse as defendant, participant, or respondent: 02 (A) a criminal charge of a crime involving domestic violence; 03 (B) a protective order under AS 18.66.100 - 18.66.180; 04 (C) injunctive relief under former AS 25.35.010 or 25.35.020; 05 or 06 (D) a protective order issued in another jurisdiction and filed 07 with the court in this state under AS 18.66.140; 08 (8) whether either petitioner has received the advice of legal counsel 09 regarding a divorce or dissolution; 10 (9) other facts and circumstances that the petitioners believe should be 11 considered; 12 (10) that the petition constitutes the entire agreement between the 13 petitioners; and 14 (11) any other relief sought by the petitioners [; 15 (12) THE SOCIAL SECURITY NUMBERS, IF ASCERTAINABLE, 16 OF THE FOLLOWING PERSONS: 17 (A) BOTH SPOUSES TO THE MARRIAGE BEING 18 DISSOLVED; 19 (B) EACH CHILD WHOSE RIGHTS ARE BEING 20 ADDRESSED IN THE PETITION FOR DISSOLUTION]. 21 * Sec. 16. AS 25.24.210 is amended by adding a new subsection to read: 22 (f) A petition filed under this section must include or be accompanied by a 23 record of the social security numbers, if ascertainable, of the following persons: 24 (1) both spouses to the marriage being dissolved; 25 (2) each child whose rights are being addressed in the petition for 26 dissolution. 27 * Sec. 17. AS 25.24.230(i) is amended to read: 28 (i) For each [IN A] judgment issued under this section, the court shall include 29 in the records relating to the matter the social security numbers, if ascertainable, of 30 the following persons: 31 (1) each party to the dissolution of marriage;
01 (2) each child whose rights are addressed in the judgment. 02 * Sec. 18. AS 25.24 is amended by adding a new section to read: 03 Sec. 25.24.232. Children as dependents for tax purposes. (a) 04 Notwithstanding other provisions of AS 25.24.200 - 25.24.260, the court may not grant 05 a final decree of dissolution that incorporates an agreement between the parties if the 06 agreement unconditionally entitles a noncustodial parent to claim a child as a 07 dependent under federal income tax laws. The court may incorporate into the decree 08 of dissolution an agreement between the parties that entitles a noncustodial parent to 09 claim a child as a dependent under federal tax laws for a tax year if the noncustodial 10 parent satisfies the requirements of federal law and was not in arrears at the end of the 11 tax year in an amount more than four times the monthly obligation under 12 (1) a support order applicable to the child in cases where a payment 13 schedule has not been established for payment of continuing support and accumulated 14 arrears under the support order; or 15 (2) a payment schedule if a payment schedule has been established for 16 payment of continuing support and accumulated arrears under a support order 17 applicable to the child. 18 (b) In this section, "noncustodial parent" means the parent who has actual 19 physical custody of the child for less time than the other parent. 20 * Sec. 19. AS 25.25.602(a) is amended to read: 21 (a) A support order or income withholding order of another state may be 22 registered in this state by sending the following documents and information to a 23 tribunal of this state: 24 (1) a letter of transmittal to the tribunal requesting registration and 25 enforcement; 26 (2) two copies, including one certified copy, of all orders to be 27 registered, including any modification of an order; 28 (3) a sworn statement by the party seeking registration or a certified 29 statement by the custodian of the records showing the amount of any arrearage; 30 (4) the name of the obligor and, if known, 31 (A) the obligor's address and social security number;
01 (B) the name and address of the obligor's employer and any 02 other source of income of the obligor; and 03 (C) a description and the location of property in this state of the 04 obligor not exempt from execution; and 05 [(D) THE NAMES AND ADDRESSES OF ALL POTENTIAL 06 THIRD-PARTY RESOURCES, INCLUDING A HEALTH INSURER, THAT 07 MIGHT BE AVAILABLE TO MEET THE REQUIREMENTS OF A 08 MEDICAL SUPPORT ORDER; AND ] 09 (5) the name and address of the obligee and, if applicable, the agency 10 or person to whom support payments are to be remitted. 11 * Sec. 20. AS 25.25.611(a) is amended to read: 12 (a) After a child support order issued in another state has been registered in 13 this state, unless the provisions of AS 25.25.613 apply, the responding tribunal of this 14 state may modify that order only if, after notice and an opportunity for hearing, it finds 15 that 16 (1) the following requirements are met: 17 (A) the child, the individual obligee, and the obligor do not 18 reside in the issuing state; 19 (B) a petitioner who is not a resident of this state seeks 20 modification; and 21 (C) the respondent is subject to the personal jurisdiction of the 22 tribunal of this state; or 23 (2) [AN INDIVIDUAL PARTY OR] the child , or a party who is an 24 individual, is subject to the personal jurisdiction of the tribunal and all of the 25 [INDIVIDUAL] parties who are individuals have filed a written consent in the issuing 26 tribunal providing that a tribunal of this state may modify the support order and 27 assume continuing, exclusive jurisdiction over the order; however, if the issuing state 28 is a foreign jurisdiction that has not enacted a law or procedure substantially similar 29 to this chapter, the written consent of an [THE] individual [PARTY] residing in this 30 state is not required for the tribunal to assume jurisdiction to modify the child support 31 order.
01 * Sec. 21. AS 25.27.022(b) is amended to read: 02 (b) Except for requests for assistance made under (c) of this section or 03 AS 25.25.501, requests [REQUESTS] from child support enforcement agencies in 04 other states shall be made by application containing the information that this state's 05 agency requires and including written authorization from the requesting state agency 06 and the obligee for this state's agency to initiate necessary action. 07 * Sec. 22. AS 25.27.022 is amended by adding new subsections to read: 08 (c) Requests from a child support agency of another state for assistance in 09 enforcing support orders through high-volume automated administrative enforcement 10 may be made by electronic or other means and must include the information required 11 by 42 U.S.C. 666(a)(14). 12 (d) An employer receiving an income withholding order from a child support 13 agency of another state shall comply with the choice of law provisions of 14 AS 25.25.502(d), 25.25.503, and 42 U.S.C. 666(b)(6)(A)(i)(V). 15 * Sec. 23. AS 25.27.062(e) is amended to read: 16 (e) The agency or the person who obtains an income withholding order under 17 this chapter shall immediately send a copy of the income withholding order, a copy 18 of the relevant provisions of AS 25.27.260 and this section, and an explanation of the 19 effect of the statutes to persons who may owe money to an obligor. These items may 20 be served [SENT] by [FIRST CLASS MAIL OR] certified mail, return receipt 21 requested, or they may be served personally by a process server, except that the agency 22 alternatively may send the items by electronic means. An income withholding order 23 made under this chapter is binding upon a person, employer, political subdivision, or 24 department of the state immediately upon receipt of a copy of the income withholding 25 order. A person receiving an income withholding order [AN EMPLOYER] shall 26 immediately begin withholding the specified amount from the obligor's earnings 27 [EMPLOYEE'S WAGES]. The amount withheld shall be sent to the agency within 28 seven business days after the date the amount would otherwise have been paid or 29 credited to the obligor [EMPLOYEE]. An employer may, for each payment made 30 under an order, deduct $5 from other wages or salary owed to the obligor. 31 * Sec. 24. AS 25.27.063(b) is amended to read:
01 (b) If an obligor who is required to provide health care coverage under a 02 medical support order is eligible for family health coverage through an employer 03 [DOING BUSINESS IN THE STATE], the court or agency issuing the medical 04 support order shall send a copy of the medical support order to the employer. If the 05 agency has notice that the obligor has changed or will be changing employment 06 and is or will be eligible for family health coverage through the new employer, the 07 agency shall send a copy of the medical support order to the new employer. 08 * Sec. 25. AS 25.27.075 is repealed and reenacted to read: 09 Sec. 25.27.075. Employment information. (a) An employer doing business 10 in the state shall report to the agency the hiring, rehiring, or return to work of each 11 employee. The report shall be made within the time limits set out in (b) of this 12 section. The report must contain the name, address, and social security number of the 13 newly hired employee, the name and address of the employer, and the identifying 14 number assigned to the employer by the United States Department of the Treasury, 15 Internal Revenue Service. 16 (b) An employer required to report under (a) of this section shall use the 17 following procedures to make the report: 18 (1) if the report is submitted magnetically or electronically, the report 19 shall be made in a format mutually agreed upon by the employer and the agency; an 20 employer reporting under this paragraph shall make two transmissions a month, not 21 less than 12 days nor more than 16 days apart; or 22 (2) if the report is not submitted magnetically or electronically, the 23 report shall be made on a United States Department of the Treasury, Internal Revenue 24 Service, W-4 form or, at the option of the employer, on an equivalent form; an 25 employer reporting under this paragraph shall make the report to the agency not later 26 than 20 days after the date of the hiring, rehiring, or return to work of the employee; 27 the report shall be transmitted by the employer by first class mail. 28 (c) An employer that does business in this state and that has employees in at 29 least one other state is not required to comply with (a) of this section if, in compliance 30 with the laws of that state, the employer 31 (1) submits timely magnetic or electronic reports of hires, rehires, or
01 returns to work to the state directory of new hires of another state in which the 02 employer has employees; and 03 (2) has provided written notification of its election under this subsection 04 to the United States Secretary of Health and Human Services. 05 (d) In addition to reporting under (a) of this section, an employer of an obligor 06 shall promptly provide to the agency, or the child support enforcement agency of 07 another state, information requested regarding the obligor's compensation, employment, 08 wages or salary, and occupation. 09 (e) An employer may charge $1 to each employee who is reported to the 10 agency under this section to cover the cost of the reporting. 11 (f) In addition to other sanctions available under the law, an employer that 12 violates this section is liable for a civil penalty for each failure to meet the 13 requirements of this section of not more than 14 (1) $10 for each employee who is newly hired, rehired, or newly 15 returned to work; and 16 (2) $100 if the failure is the result of a conspiracy between the 17 employee and the employer not to supply the required report or to supply a false or 18 incomplete report concerning an employee. 19 (g) In this section, 20 (1) "employee" has the meaning given in 26 U.S.C. 3401(c); 21 "employee" does not include an employee of a federal or state agency performing 22 intelligence or counterintelligence functions if the head of that agency has determined 23 that reporting under this section on the employee could endanger the safety of the 24 employee or compromise an ongoing investigation or intelligence mission; 25 (2) "employer" has the meaning given in 26 U.S.C. 3401(d); 26 "employer" includes a governmental entity and a labor organization; 27 (3) "labor organization" has the meaning given in 29 U.S.C. 152; "labor 28 organization" includes an entity that is used by the labor organization and another 29 employer to carry out hiring or other requirements described in 29 U.S.C. 158(f)(3) in 30 accordance with an agreement between the labor organization and the other employer. 31 * Sec. 26. AS 25.27.085 is amended by adding a new subsection to read:
01 (g) If a person fails to comply with a subpoena issued under this section, the 02 agency may apply to the court for an order to compel obedience by proceedings for 03 contempt as if the subpoena had been issued by a court. 04 * Sec. 27. AS 25.27 is amended by adding a new section to read: 05 Sec. 25.27.107. Certification of arrears. Within 30 days after receipt of a 06 written request from an obligee or an obligee's personal representative, the agency shall 07 provide the obligee with a document that certifies whether or not the obligor was, at 08 the end of the most recent calendar year, 09 (1) in arrears under the support order in an amount more than four 10 times the monthly obligation under the order in cases where a payment schedule has 11 not been established for payment of continuing support and accumulated arrears under 12 the support order; or 13 (2) in arrears under a payment schedule in an amount more than four 14 times the monthly obligation under the payment schedule if a payment schedule has 15 been established for payment of continuing support and accumulated arrears under the 16 support order. 17 * Sec. 28. AS 25.27.165(b) is amended to read: 18 (b) In order to initiate a paternity proceeding administratively, the agency shall 19 serve a mother and putative father, as appropriate, with a notice of paternity and 20 financial responsibility. The notice shall be served personally as set out in Rule 4(d), 21 Alaska Rules of Civil Procedure, or by registered, certified, or insured mail, return 22 receipt requested, for restricted delivery only to the person to whom the notice is 23 directed or to the person authorized under federal law to receive that person's restricted 24 delivery mail. The notice must be accompanied by 25 (1) an administrative order requiring that the mother, child, and putative 26 father submit to genetic testing to be arranged by the agency and stating that a party 27 may provide information to show good cause not to order the testing; 28 (2) an administrative order requiring the putative father to provide 29 financial information, as defined by the agency in regulation, within 30 [20] days after 30 service of the notice; all financial information provided to the agency under an order 31 under this paragraph shall be held confidential by the agency, according to any
01 applicable regulations; and 02 (3) a notice of right to informal conference, to be held within 20 days 03 after receipt of an admission of paternity or service upon the parties of genetic test 04 results. 05 * Sec. 29. AS 25.27.165(c) is amended to read: 06 (c) A person served with a notice of paternity and financial responsibility and 07 accompanying orders under (b) of this section shall file a response, admitting or 08 denying paternity and providing the required financial information, within 30 [20] days 09 after the date of service of the notice of paternity and financial responsibility. If the 10 putative father admits paternity, the agency shall issue, within 20 days after the 11 admission of paternity, a decision establishing paternity. If the putative father denies 12 paternity, the putative father shall submit to genetic testing, as provided in (b) of this 13 section, within 45 [30] days after the date of service of the notice of paternity and 14 financial responsibility. If the putative father fails to file a response or fails to 15 comply with an accompanying order within the time and in the manner required 16 in this subsection, the agency may issue a decision by default establishing 17 paternity and financial responsibility, except that, if the proceeding was instituted 18 at the request of the putative father, the agency shall dismiss the proceeding 19 without prejudice. 20 * Sec. 30. AS 25.27 is amended by adding a new section to read: 21 Sec. 25.27.167. Contempt of order for genetic testing. (a) If a person who 22 is located in this state fails to comply with an order for genetic testing issued by the 23 agency in this state, or the tribunal of another state, the agency in this state may certify 24 the facts to the superior court of this state. 25 (b) Upon certification under (a) of this section, the court shall issue an order 26 directing the person to appear and show cause why the person should not be punished 27 for contempt. The order and a copy of the certified statement shall be served on the 28 person in the manner required for service of court orders to show cause. 29 (c) After service under (b) of this section, the court has jurisdiction of the 30 matter brought under this section. 31 (d) The law of this state applicable to contempt of a court order applies to a
01 proceeding for contempt of order for genetic testing brought under this section. 02 * Sec. 31. AS 25.27.230(a) is repealed and reenacted to read: 03 (a) The agency shall assert a lien upon the real or personal property of the 04 obligor in the amount of the obligor's liability if an arrearage occurs under a support 05 order being enforced by the agency. 06 * Sec. 32. AS 25.27.230 is amended by adding new subsections to read: 07 (e) A lien arising in another state under the child support laws of that state 08 shall be given full faith and credit in this state. The lien may be asserted in this state 09 upon the real or personal property of the obligor in the amount of the obligor's liability 10 by complying with the requirements of this section. 11 (f) A lien recorded under this section is a judgment lien and may be enforced 12 by execution under AS 09.35 in the full amount of the obligor's liability at the time 13 of execution. 14 * Sec. 33. AS 25.27.240(a) is amended to read: 15 (a) The agency of this state or another state , or a party or other entity 16 seeking to enforce a child support obligation, may, at any time after recording of a 17 lien recorded under AS 25.27.230, serve a copy of the lien upon any person, political 18 subdivision, or department of the state possessing earnings, or deposits or balances 19 held in any bank account of any nature that are due, owing, or belonging to the 20 obligor. 21 * Sec. 34. AS 25.27.244(a) is amended to read: 22 (a) The agency shall compile and maintain a list of obligors who are not in 23 substantial compliance with a support order or payment schedule negotiated under 24 (g)(1) of this section [AND OF OTHER PERSONS WHO, AFTER RECEIVING 25 APPROPRIATE NOTICE, HAVE FAILED TO COMPLY WITH A SUBPOENA OR 26 WARRANT RELATING TO PATERNITY OR A CHILD SUPPORT PROCEEDING]. 27 The agency may not include an obligor on the list unless the agency has sent to the 28 obligor, at the obligor's most recent address on file with the agency, written notice of 29 the arrearages at least 60 days before placement on the list. The list must include the 30 names, social security numbers, dates of birth, and last known addresses of the 31 persons. The list shall be updated by the agency on a monthly basis.
01 * Sec. 35. AS 25.27.244(g) is amended to read: 02 (g) If the applicant wishes to challenge being included on the list, the applicant 03 shall submit to the agency a written request for review within 30 days after receiving 04 the notice under (c) or (r) of this section by using the form developed under (e) of this 05 section. Within 30 days after receiving a written request for review, the agency shall 06 inform the applicant in writing of the agency's findings. The agency shall immediately 07 send a release to the appropriate licensing entity and the applicant if any of the 08 following conditions is met: 09 (1) the applicant is found to [HAVE COMPLIED WITH ALL 10 SUBPOENAS AND WARRANTS DESCRIBED IN (a) OF THIS SECTION, IF 11 APPLICABLE, AND IS FOUND TO] be in substantial compliance with each support 12 order applicable to the applicant or has negotiated an agreement with the agency for 13 a payment schedule on arrearages and is in substantial compliance with the negotiated 14 agreement; if the applicant fails to be in substantial compliance with an agreement 15 negotiated under this paragraph, the agency shall send to the appropriate licensing 16 entity a revocation of any release previously sent to the entity for that applicant; 17 (2) the applicant has submitted a timely request for review to the 18 agency, but the agency will be unable to complete the review and send notice of 19 findings to the applicant in sufficient time for the applicant to file a timely request for 20 judicial relief within the 150-day period during which the applicant's temporary license 21 is valid under (d) of this section; this paragraph applies only if the delay in completing 22 the review process is not the result of the applicant's failure to act in a reasonable, 23 timely, and diligent manner upon receiving notice from the licensing entity that the 24 applicant's name is on the list; 25 (3) the applicant has, within 30 days after receiving the agency's 26 findings following a request for review under (2) of this subsection, filed and served 27 a request for judicial relief under this section, but a resolution of that relief will not 28 be made within the 150-day period of the temporary license under (d) of this section; 29 this paragraph applies only if the delay in completing the judicial relief process is not 30 the result of the applicant's failure to act in a reasonable, timely, and diligent manner 31 upon receiving the agency's notice of findings; or
01 (4) the applicant has obtained a judicial finding of substantial 02 compliance. 03 * Sec. 36. AS 25.27.244(i) is amended to read: 04 (i) Except as otherwise provided in this section, the agency may not issue a 05 release if the applicant is not in substantial compliance with the order for support or 06 with an agreement negotiated under (g)(1) of this section [, OR IS NOT IN 07 COMPLIANCE WITH A SUBPOENA OR WARRANT DESCRIBED IN (a) OF THIS 08 SECTION]. The agency shall notify the applicant in writing that the applicant may 09 request any or all of the following: (1) judicial relief from the agency's decision not 10 to issue a release or the agency's decision to revoke a release under (g)(1) of this 11 section; (2) a judicial determination of substantial compliance; (3) a modification of 12 the support order. The notice must also contain the name and address of the court in 13 which the applicant may file the request for relief and inform the applicant that the 14 applicant's name shall remain on the list if the applicant does not request judicial relief 15 within 30 days after receiving the notice. The applicant shall comply with all statutes 16 and rules of court implementing this section. This section does not limit an applicant's 17 authority under other law to request an order to show cause or notice of motion to 18 modify a support order or to fix a payment schedule on arrearages accruing under a 19 support order or to obtain a court finding of substantial compliance with a support 20 order or a court finding of compliance with subpoenas and warrants described in (a) 21 of this section. 22 * Sec. 37. AS 25.27.244(j) is amended to read: 23 (j) A request for judicial relief from the agency's decision must state the 24 grounds on which relief is requested, and the judicial action shall be limited to those 25 stated grounds. Judicial relief under this subsection is not an appeal and shall be 26 governed by court rules adopted to implement this section. Unless otherwise provided 27 by court rule, the court shall hold an evidentiary hearing within 20 calendar days after 28 the filing of service on the opposing party. The court's decision shall be limited to a 29 determination of each of the following issues, as applicable: 30 (1) whether there is a support order or a payment schedule on 31 arrearages;
01 (2) whether the petitioner is the obligor covered by the support order; 02 and 03 (3) whether the obligor is in substantial compliance with the support 04 order or payment schedule [; AND 05 (4) WHETHER THE PERSON REQUESTING RELIEF COMPLIED 06 WITH ALL SUBPOENAS AND WARRANTS RELATING TO PATERNITY OR A 07 CHILD SUPPORT PROCEEDING]. 08 * Sec. 38. AS 25.27.244(k) is amended to read: 09 (k) If the court finds that the person requesting relief is in substantial 10 compliance with the support order or payment schedule, [AND IS IN COMPLIANCE 11 WITH ALL SUBPOENAS AND WARRANTS DESCRIBED IN (a) OF THIS 12 SECTION,] the agency shall immediately send a release under (g) of this section to 13 the appropriate licensing entity and the applicant. 14 * Sec. 39. AS 25.27.244(l) is amended to read: 15 (l) If an applicant is in substantial compliance with a support order or payment 16 schedule, [AND IS IN COMPLIANCE WITH SUBPOENAS AND WARRANTS 17 DESCRIBED IN (a) OF THIS SECTION,] the agency shall mail to the applicant and 18 the appropriate licensing entity a release stating that the applicant is in substantial 19 compliance [OR IS IN COMPLIANCE WITH THE SUBPOENAS AND 20 WARRANTS, AS APPLICABLE]. The receipt of a release shall serve to notify the 21 applicant and the licensing entity that, for the purposes of this section, the applicant 22 is in substantial compliance with the support order or payment schedule [, OR IS IN 23 COMPLIANCE WITH THE SUBPOENAS AND WARRANTS,] unless the agency, 24 under (a) of this section, certifies subsequent to the issuance of a release that the 25 applicant is once again not in substantial compliance with a support order or payment 26 schedule [, OR IS NOT IN COMPLIANCE WITH A SUBPOENA OR WARRANT]. 27 * Sec. 40. AS 25.27.246(a) is amended to read: 28 (a) The agency shall compile and maintain a list of obligors who have a 29 driver's license and are not in substantial compliance with a support order or payment 30 schedule negotiated under (f)(1) of this section [AND OF OTHER PERSONS WHO, 31 AFTER RECEIVING APPROPRIATE NOTICE, HAVE FAILED TO COMPLY
01 WITH A SUBPOENA OR WARRANT RELATING TO PATERNITY OR A CHILD 02 SUPPORT PROCEEDING]. The agency may not include an obligor on the list unless 03 the agency has sent to the obligor, at the obligor's most recent address on file with the 04 agency, written notice of the arrearages at least 60 days before placement on the list. 05 The list must include the names, social security numbers, dates of birth, and last 06 known addresses of the persons. The list shall be updated by the agency on a monthly 07 basis. 08 * Sec. 41. AS 25.27.246(f) is amended to read: 09 (f) If a licensee wishes to challenge being included on the list, the licensee 10 shall submit to the agency a written request for review within 30 days after the notice 11 under (b) of this section was personally delivered or postmarked by using the form 12 developed under (d) of this section. Within 30 days after receiving a written request 13 for review, the agency shall inform the licensee in writing of the agency's findings. 14 The agency shall immediately send a release to the department and the licensee if any 15 of the following conditions is met: 16 (1) the licensee is found [BY THE AGENCY TO HAVE COMPLIED 17 WITH ALL SUBPOENAS AND WARRANTS DESCRIBED IN (a) OF THIS 18 SECTION AND IS FOUND] to be in substantial compliance with each support order 19 applicable to the licensee or has negotiated an agreement with the agency for a 20 payment schedule on arrearages and is in substantial compliance with the negotiated 21 agreement; if the licensee fails to be in substantial compliance with an agreement 22 negotiated under this paragraph, the agency shall send to the department a revocation 23 of any release previously sent to the entity for that licensee; 24 (2) the licensee has submitted a timely request for review to the 25 agency, but the agency will be unable to complete the review and send notice of 26 findings to the licensee in sufficient time for the licensee to file a timely request for 27 judicial relief within the 150-day period before the licensee's license will be suspended 28 under (c) of this section; this paragraph applies only if the delay in completing the 29 review process is not the result of the licensee's failure to act in a reasonable, timely, 30 and diligent manner upon receiving notice from the agency that the licensee's driver's 31 license will be suspended in 150 days;
01 (3) the licensee has, within 30 days after receiving the agency's findings 02 following a request for review under (2) of this subsection, filed and served a request 03 for judicial relief under this section, but a resolution of that relief will not be made 04 within the 150-day period before license suspension under (c) of this section; this 05 paragraph applies only if the delay in completing the judicial relief process is not the 06 result of the licensee's failure to act in a reasonable, timely, and diligent manner upon 07 receiving the agency's notice of findings; or 08 (4) the licensee has obtained a judicial finding of substantial 09 compliance. 10 * Sec. 42. AS 25.27.246(h) is amended to read: 11 (h) Except as otherwise provided in this section, the agency may not issue a 12 release if the licensee is not in substantial compliance with the order for support or 13 with an agreement negotiated under (f)(1) of this section [, OR IS NOT IN 14 COMPLIANCE WITH A SUBPOENA OR WARRANT DESCRIBED IN (a) OF THIS 15 SECTION]. The agency shall notify the licensee in writing that the licensee may 16 request any or all of the following: (1) judicial relief from the agency's decision not 17 to issue a release or the agency's decision to revoke a release under (f)(1) of this 18 section; (2) a judicial determination of substantial compliance; (3) a modification of 19 the support order. The notice must also contain the name and address of the court in 20 which the licensee may file the request for relief and inform the licensee that the 21 licensee's name shall remain on the list if the licensee does not request judicial relief 22 within 30 days after receiving the notice. The licensee shall comply with all statutes 23 and rules of court implementing this section. This section does not limit a licensee's 24 authority under other law to request an order to show cause or notice of motion to 25 modify a support order or to fix a payment schedule on arrearages accruing under a 26 support order or to obtain a court finding of substantial compliance with a support 27 order or a court finding of compliance with subpoenas and warrants described in (a) 28 of this section. 29 * Sec. 43. AS 25.27.246(i) is amended to read: 30 (i) A request for judicial relief from the agency's decision must state the 31 grounds on which relief is requested, and the judicial action shall be limited to those
01 stated grounds. Judicial relief under this subsection is not an appeal and shall be 02 governed by court rules adopted to implement this section. Unless otherwise provided 03 by court rule, the court shall hold an evidentiary hearing within 20 calendar days after 04 the filing of service on the opposing party. The court's decision shall be limited to a 05 determination of each of the following issues, as applicable: 06 (1) whether there is a support order or a payment schedule on 07 arrearages; 08 (2) whether the petitioner is the obligor covered by the support order; 09 and 10 (3) whether the obligor is in substantial compliance with the support 11 order or payment schedule [; AND 12 (4) WHETHER THE PERSON REQUESTING RELIEF COMPLIED 13 WITH ALL SUBPOENAS AND WARRANTS RELATING TO PATERNITY OR A 14 CHILD SUPPORT PROCEEDING]. 15 * Sec. 44. AS 25.27.246(j) is amended to read: 16 (j) If the court finds that the person requesting relief is in substantial 17 compliance with the support order or payment schedule, [OR IS IN COMPLIANCE 18 WITH SUBPOENAS AND WARRANTS DESCRIBED IN (a) OF THIS SECTION,] 19 the agency shall immediately send a release under (f) of this section to the department 20 and the licensee. 21 * Sec. 45. AS 25.27.246(k) is amended to read: 22 (k) If a licensee is in substantial compliance with a support order or payment 23 schedule, [AND IS IN COMPLIANCE WITH ALL SUBPOENAS AND WARRANTS 24 DESCRIBED IN (a) OF THIS SECTION,] the agency shall mail to the licensee and 25 the department a release stating that the licensee is in substantial compliance [OR IS 26 IN COMPLIANCE WITH THE SUBPOENAS AND WARRANTS, 27 AS APPLICABLE]. The receipt of a release shall serve to notify the licensee and the 28 department that, for the purposes of this section, the licensee is in substantial 29 compliance with the support order or payment schedule [, OR IS IN COMPLIANCE 30 WITH THE SUBPOENAS AND WARRANTS,] unless the agency, under (a) of this 31 section, certifies subsequent to the issuance of a release that the licensee is once again
01 not in substantial compliance with a support order or payment schedule [, OR IS NOT 02 IN COMPLIANCE WITH A SUBPOENA OR WARRANT]. 03 * Sec. 46. AS 25.27.246(n)(5) is amended to read: 04 (5) "substantial compliance" regarding a support order or payment 05 schedule means that, with respect to a support order or a negotiated payment schedule 06 under (f) of this section, whichever is applicable, the obligor [EITHER] has 07 (A) no arrearage ; 08 (B) [OR HAS] an arrearage in an amount that is not more than 09 four times the monthly obligation under the support order or payment schedule ; 10 or 11 (C) been determined by a court to be making the best 12 efforts possible under the obligor's circumstances to have no arrearages 13 under any support order or negotiated payment schedule relating to child 14 support . 15 * Sec. 47. AS 25.27.250(a) is repealed and reenacted to read: 16 (a) Without prior notice to the obligor, the agency may issue to any person, 17 including an entity, political subdivision, or state agency, an order to withhold and 18 deliver property under this section; the order may be issued 19 (1) immediately upon issuance of an income withholding order that 20 provides for immediate income withholding under AS 25.27.062(a); 21 (2) immediately after an arrearage occurs under a support order 22 described in AS 25.27.150(a); 23 (3) at the expiration of 30 days after the date of service of a notice and 24 finding of financial responsibility under AS 25.27.160; or 25 (4) at the expiration of 30 days after service of a decision establishing 26 paternity and financial responsibility under AS 25.27.165. 27 * Sec. 48. AS 25.27 is amended by adding a new section to read: 28 Sec. 25.27.300. Requests pertaining to remarriage. The agency shall, at the 29 request of a person who is an obligor under a support order enforced by the agency 30 that includes support for a parent with whom a child is living or at the request of a 31 child support enforcement agency of another jurisdiction that is enforcing a support
01 order that includes support for a parent with whom a child is living, request the Bureau 02 of Vital Statistics to disclose to the agency whether the parent has remarried in the 03 state after a specified date if the support order provides that the support for the parent 04 is payable only until the parent remarries. The agency may disclose to the obligor or 05 other child support enforcement agency, as applicable, the information provided by the 06 bureau. 07 * Sec. 49. AS 25.27.900(9) is amended to read: 08 (9) "support order" means any judgment, decree, or order that is issued 09 by a tribunal for the support and maintenance of a child or of [A CHILD AND] a 10 parent with whom the child is living; "support order" includes a judgment, decree, or 11 order 12 (A) on behalf of a child who has reached the age of majority 13 if the judgment, decree, or order was lawfully issued; and 14 (B) for 15 (i) monetary support, including arrearages; 16 (ii) payment of health care costs or maintenance of 17 health insurance; 18 (iii) reimbursement of related costs; 19 (iv) payment of attorney fees and legal costs and other 20 fees; and 21 (v) penalty, interest, and other relief as required by a 22 tribunal ; [.] 23 * Sec. 50. AS 25.27.900 is amended by adding new paragraphs to read: 24 (11) "arrearage" means a debt for support that is past due and equal to 25 at least one monthly obligation under the support order; 26 (12) "high-volume automated administrative enforcement" means the 27 use of automatic data processing to search various state data bases, including license 28 records, employment service data, and state new-hire registries, to determine whether 29 information is available regarding a parent who owes a child support obligation. 30 * Sec. 51. AS 28.15.061(b) is amended to read: 31 (b) An application under (a) of this section must
01 (1) contain the applicant's full name, social security number, date and 02 place of birth, sex, and mailing and residence addresses; 03 (2) state whether the applicant has been previously licensed as a driver 04 and, if so, when and by what jurisdiction; 05 (3) state whether any previous driver's license issued to the applicant 06 has ever been suspended or revoked or whether an application for a driver's license has 07 ever been refused and, if so, the date of and reason for the suspension, revocation, or 08 refusal; and 09 (4) contain other information that the department may reasonably 10 require to determine the applicant's identity, competency, and eligibility. 11 * Sec. 52. AS 28.15.061 is amended by adding a new subsection to read: 12 (g) Upon request, the department shall provide a social security number 13 provided under this section to the child support enforcement agency created in 14 AS 25.27.010, or the child support agency of another state, for child support purposes 15 authorized by law. 16 * Sec. 53. Section 148(c), ch. 87, SLA 1997, is amended to read: 17 (c) The amendments made by other sections of this Act are repealed July 1, 18 2001 [1999]. Each statute amended by this Act is repealed and reenacted on July 1, 19 2001 [1999], to read as it existed on the day before the amendment to the law under 20 this Act took effect. Notwithstanding AS 01.10.100(c), a statute repealed under (a) of 21 this section is revived and reenacted on July 1, 2001 [1999], to read as it existed on 22 the day before the effective date of (a) of this section. A court rule that was amended 23 by a statute repealed or reenacted by this Act is further amended on July 1, 2001 24 [1999], to delete the change that had been made by other sections of this Act. 25 * Sec. 54. (a) AS 09.10.040(b) is repealed. 26 (b) The amendments made by secs. 3 - 9, 21 - 26, 30 - 33, 47, 51, and 52 of this Act, 27 are repealed July 1, 2001. If a law is amended by secs. 3 - 9, 21 - 26, 30 - 33, 47, 51, or 28 52 of this Act by adding a new section or subsection, that new section or subsection is 29 repealed July 1, 2001. If a law is amended by secs. 3 - 9, 21 - 26, 30 - 33, 47, 51, or 52 of 30 this Act by adding new language to a section or subsection that existed before the effective 31 date of this section, that section or subsection is repealed and reenacted on July 1, 2001, to
01 read as it existed on the day before the amendment to the law under secs. 3 - 9, 21 - 26, 30 - 02 33, 47, 51, or 52 of this Act took effect except that, if the same section or subsection is 03 repealed and reenacted under sec. 148(c), ch. 87, SLA 1997, as amended by sec. 53 of this 04 Act, that section or subsection is repealed and reenacted on July 1, 2001, to read as it existed 05 on the day before the amendment to the law under ch. 87, SLA 1997, took effect. When 06 implementing this subsection and sec. 148(c), ch. 87, SLA 1997, as amended by sec. 53 of 07 this Act, the revisor of statutes may not retain any amendments made to the affected statutes 08 that took effect or take effect from July 1, 1997, through June 30, 2001. 09 (c) It is the intent of the legislature that the revisor of statutes' implementation of sec. 10 148(c), ch. 87, SLA 1997, as amended by sec. 53 of this Act, be consistent with the directions 11 in (b) of this section, notwithstanding that different wording is used in the two provisions. 12 * Sec. 55. APPLICABILITY. The report required under AS 25.27.075(a), enacted by sec. 13 25 of this Act, applies to the hiring, rehiring, or return to work of an employee that occurs on 14 or after the effective date of this Act. 15 * Sec. 56. NONSEVERABILITY OF ACT. Notwithstanding AS 25.27.280, if a provision 16 enacted by secs. 1 - 12, 14 - 17, 19 - 26, 28 - 53, or 55 of this Act, or the application of a 17 provision enacted by secs. 1 - 12, 14 - 17, 19 - 26, 28 - 53, or 55 of this Act to any person 18 or circumstance, is held to be unconstitutional, that provision and the remainder of the 19 provisions enacted by secs. 1 - 12, 14 - 17, 19 - 26, 28 - 53, and 55 of this Act shall be 20 considered to be invalid, and, to this end, secs. 1 - 12, 14 - 17, 19 - 26, 28 - 53, and 55 of this 21 Act are declared to be nonseverable. 22 * Sec. 57. Except as provided in sec. 58 of this Act, this Act takes effect immediately 23 under AS 01.10.070(c). 24 * Sec. 58. Sections 13, 18, and 27 of this Act take effect July 1, 1999.