SB 154: "An Act relating to paternity determination and child support; relating to reporting of and access to financial or other information for child support purposes; making changes to laws relating to occupational, recreational, or other licenses, permits, certificates, or other authorizations issued by the state to facilitate administration of child support laws; relating to the interest rate on judgments or decrees for child support; relating to immunity from civil liability for good faith compliance with reporting or other requirements for child support purposes; relating to voiding fraudulent transfers and to penalties for noncompliance with orders for child support purposes; amending Rules 4, 5, 35, 52, 58, 60(b), 78, 90.1, and 90.3, Alaska Rules of Civil Procedure; amending Rule 901, Alaska Rules of Evidence; amending Rules 3 and 5, Alaska Bar Association Rules; repealing the effective date of sec. 45, ch. 107, SLA 1996; and providing for an effective date."
00SENATE BILL NO. 154 01 "An Act relating to paternity determination and child support; relating to 02 reporting of and access to financial or other information for child support 03 purposes; making changes to laws relating to occupational, recreational, or other 04 licenses, permits, certificates, or other authorizations issued by the state to 05 facilitate administration of child support laws; relating to the interest rate on 06 judgments or decrees for child support; relating to immunity from civil liability 07 for good faith compliance with reporting or other requirements for child support 08 purposes; relating to voiding fraudulent transfers and to penalties for 09 noncompliance with orders for child support purposes; amending Rules 4, 5, 35, 10 52, 58, 60(b), 78, 90.1, and 90.3, Alaska Rules of Civil Procedure; amending 11 Rule 901, Alaska Rules of Evidence; amending Rules 3 and 5, Alaska Bar 12 Association Rules; repealing the effective date of sec. 45, ch. 107, SLA 1996; 13 and providing for an effective date." 14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
01 * Section 1. AS 06.05 is amended by adding a new section to read: 02 Sec. 06.05.537. Copies of records for child support purposes. If a copy of 03 a record concerning an individual who owes or is owed child support, including a 04 record concerning assets and liabilities of the individual, prepared or maintained by a 05 bank of this state is requested by the child support enforcement agency established in 06 AS 25.27.010 or the child support enforcement agency of another state, the bank shall 07 provide the requesting agency with a certified copy of the record. If information is 08 prepared or maintained by the bank in an electronic data base, the bank may provide 09 the requesting agency a copy of the electronic record and a statement certifying its 10 contents. The agency receiving information under this section may use the information 11 only for child support purposes authorized under law. 12 * Sec. 2. AS 06.20.020 is amended by adding a new subsection to read: 13 (b) In addition to the requirements in (a) of this section, if a natural person 14 makes application for a license, the applicant shall supply the applicant's social 15 security number to the department. Upon request, the department shall provide the 16 social security number to the child support enforcement agency created in 17 AS 25.27.010, or the child support enforcement agency of another state, for child 18 support purposes authorized under law. 19 * Sec. 3. AS 06.40.050(a) is amended to read: 20 (a) Application for a license under this chapter shall be in writing and in the 21 form prescribed by the department. If the applicant is a natural person, the 22 application form must require submission of the applicant's social security 23 number. 24 * Sec. 4. AS 06.40.050 is amended by adding a new subsection to read: 25 (e) Upon request, the department shall provide a social security number 26 submitted under (a) of this section to the child support enforcement agency created in 27 AS 25.27.010, or the child support agency of another state, for child support purposes 28 authorized under law. 29 * Sec. 5. AS 08.01.060 is amended by adding a new subsection to read: 30 (b) If the applicant is a natural person, the application must require that the 31 applicant submit the applicant's social security number to the department.
01 Notwithstanding any other provision of this title, a license to engage in a profession 02 may not be issued by the department to a natural person unless the social security 03 number has been provided to the department. 04 * Sec. 6. AS 08.01 is amended by adding a new section to read: 05 Sec. 08.01.089. Copies of records for child support purposes. If a copy of 06 a public record concerning an individual who owes or is owed child support that is 07 prepared or maintained by the department is requested by the child support 08 enforcement agency created in AS 25.27.010 or a child support enforcement agency 09 of another state, the department shall provide the requesting agency with a certified 10 copy of the public record, including the individual's social security number. If these 11 records are prepared or maintained by the department in an electronic data base, the 12 records may be supplied by providing the requesting agency with a copy of the 13 electronic record and a statement certifying its contents. A requesting agency 14 receiving information under this section may use it only for child support purposes 15 authorized under law. 16 * Sec. 7. AS 08.01.100 is amended by adding a new subsection to read: 17 (e) Notwithstanding any other provision of this title, a renewal of a license 18 may not be issued by the department to a natural person unless the licensee's social 19 security number has been provided to the department. 20 * Sec. 8. AS 08.08.137 is amended to read: 21 Sec. 08.08.137. Fingerprints. The Board of Governors shall require an 22 applicant for admission to be fingerprinted and to provide the applicant's social 23 security number. The fingerprints shall be used to determine whether the applicant 24 has a record of criminal convictions in this state or another jurisdiction. The Board 25 of Governors may use the information obtained from the fingerprinting only in its 26 official determination of the character and fitness of the applicant for admission to the 27 Alaska Bar Association. The applicant's social security number shall be provided 28 to the child support enforcement agency established in AS 25.27.010, or the child 29 support enforcement agency of another state, upon request by the respective 30 agency; the requesting agency may use that information only for child support 31 purposes authorized under law.
01 * Sec. 9. AS 09.25.100 is amended to read: 02 Sec. 09.25.100. Disposition of tax information. Information in the possession 03 of the Department of Revenue that discloses the particulars of the business or affairs 04 of a taxpayer or other person is not a matter of public record, except for purposes of 05 child support administration as described in (b) of this section, investigation, and 06 law enforcement. The information shall be kept confidential except when its 07 production is required in response to a request for purposes of child support 08 administration as described in (b) of this section, in an official investigation, in an 09 administrative adjudication under AS 43.05.400 - 43.05.499, or in a court proceeding. 10 These restrictions do not prohibit the publication of statistics presented in a manner 11 that prevents the identification of particular reports and items, [PROHIBIT] the 12 publication of tax lists showing the names of taxpayers who are delinquent and 13 relevant information that may assist in the collection of delinquent taxes, or 14 [PROHIBIT] the publication of records, proceedings, and decisions under 15 AS 43.05.400 - 43.05.499. 16 * Sec. 10. AS 09.25.100 is amended by adding a new subsection to read: 17 (b) If a copy of a record of tax information is requested under (a) of this 18 section for the purposes of child support administration, the copy may be released only 19 to the child support enforcement agency created in AS 25.27.010 or a child support 20 enforcement agency of another state. The Department of Revenue shall provide the 21 requesting agency with a copy of the record. The requesting agency receiving 22 information under this subsection may use it only for child support purposes authorized 23 under law. 24 * Sec. 11. AS 09.30.070(a) is amended to read: 25 (a) Except as provided in (c) of this section, the [THE] rate of interest on 26 judgments and decrees for the payment of money is 10.5 percent a year, except that 27 a judgment or decree founded on a contract in writing, providing for the payment of 28 interest until paid at a specified rate not exceeding the legal rate of interest for that 29 type of contract, bears interest at the rate specified in the contract if the interest rate 30 is set out in the judgment or decree. 31 * Sec. 12. AS 09.30.070 is amended by adding a new subsection to read:
01 (c) The rate of interest on judgments or decrees for child support is governed 02 by AS 25.27.025. 03 * Sec. 13. AS 09.55.050 is amended to read: 04 Sec. 09.55.050. Effect of presumptive death certificate. After the judge or 05 magistrate has entered an order declaring that the person is presumed to be dead either 06 under AS 09.55.020 - 09.55.060 or under the laws dealing with missing persons, the 07 judge or magistrate shall make out and sign a certificate entitled "Presumptive Death 08 Certificate" in the form and manner and containing the information required by the 09 Bureau of Vital Statistics. In addition to the information required by the Bureau 10 of Vital Statistics, the certificate must contain the decedent's social security 11 number, if ascertainable. The certificate shall be recorded by the judge or magistrate 12 and then filed with the Bureau of Vital Statistics. Upon the entry of the order and the 13 recording and filing of the "Presumptive Death Certificate" as herein provided, the 14 missing person is presumed to be dead, and the person's estate may be administered 15 in accordance with the then existing provisions of law applicable to the administration 16 of the estates of deceased persons. 17 * Sec. 14. AS 09.65 is amended by adding a new section to read: 18 Sec. 09.65.240. Immunity for certain actions related to child support. A 19 person, including the state and its subdivisions, agencies, officers, and employees, may 20 not be held liable for good faith 21 (1) compliance with a subpoena of this or another state that requests 22 information, including the social security number and employment history of a person, 23 issued by the child support enforcement agency created in AS 25.27.010, or the child 24 support enforcement agency of another state, for child support purposes authorized 25 under law; 26 (2) collection of child support, including encumbering or surrendering 27 assets in response to a notice of lien or levy for the payment of child support; or 28 (3) compliance with an income withholding notice or an order to 29 withhold and deliver that is regular on its face and is for child support purposes. 30 * Sec. 15. AS 14.20 is amended by adding a new section to read: 31 Sec. 14.20.027. Reporting of and access to social security numbers.
01 Notwithstanding AS 14.20.010 - 14.20.040, the department may not issue a teacher 02 certificate under AS 14.20.020 or a limited teacher certificate under AS 14.20.025 03 unless the applicant has supplied the department with the applicant's social security 04 number. Upon request, the department shall provide the social security number to the 05 child support enforcement agency created in AS 25.27.010, or the child support 06 enforcement agency of another state, for child support purposes authorized under law. 07 * Sec. 16. AS 16.05.450(a) is amended to read: 08 (a) The commissioner or an authorized agent shall issue a crewmember fishing 09 license under AS 16.05.480 to each qualified person who files a written application at 10 a place in the state designated by the commissioner, containing the reasonable 11 information required by the commissioner together with the required fee. The 12 commissioner shall require the reporting of the applicant's social security number 13 on the application. The application shall be simple in form and shall be executed by 14 the applicant under the penalty of unsworn falsification. 15 * Sec. 17. AS 16.05.450 is amended by adding a new subsection to read: 16 (d) Upon request, the commissioner shall provide a social security number 17 provided under (a) of this section to the child support enforcement agency created in 18 AS 25.27.010, or the child support enforcement agency of another state, for child 19 support purposes authorized under law. 20 * Sec. 18. AS 16.05.480(b) is amended to read: 21 (b) A person applying for a resident commercial license under this section 22 shall provide the person's social security number and the proof of residence that the 23 department requires by regulation. 24 * Sec. 19. AS 16.05.480 is amended by adding a new subsection to read: 25 (d) Upon request, the department shall provide a social security number 26 provided under (a) of this section to the child support enforcement agency created in 27 AS 25.27.010, or the child support agency of another state, for child support purposes 28 authorized under law. 29 * Sec. 20. AS 16.05.815(a) is amended by adding a new paragraph to read: 30 (8) any of its records and reports to the child support enforcement 31 agency created in AS 25.27.010, or the child support enforcement agency of another
01 state, for child support purposes authorized under law. 02 * Sec. 21. AS 18.50.160(e) is amended to read: 03 (e) If the mother was not married at conception, during the pregnancy, or at 04 birth, the name of the father may not be entered on the certificate of birth [,] unless 05 (1) paternity has been lawfully determined by a tribunal, in which case 06 the name of the father, if determined by the tribunal, shall be entered; 07 (2) both the mother and the man to be named as the father have 08 executed affidavits attesting that that man is the father, so long as the affidavits meet 09 the requirements of (g) of this section and AS 18.50.165; or 10 (3) [AS] otherwise specified by statute. 11 * Sec. 22. AS 18.50.165(a) is amended to read: 12 (a) The state registrar shall prepare a form for use in acknowledging paternity 13 under AS 25.20.055. On an after July 1, 1997, the form must comply with the 14 minimum requirements of 42 U.S.C. 652(a)(7). The form must include 15 (1) a statement that the man who signs the form is acknowledging that 16 the man is the natural father of the child named in the form and that the man assumes 17 the parental duty of support of that child; 18 (2) the address and social security number of both parents of the child 19 named in the form; 20 (3) signature lines for both parents; [AND] 21 (4) a signature line for either a witness or notary public; and 22 (5) on and after July 1, 1997, a statement that 23 (A) sets out the legal consequences to and the rights and 24 responsibilities of the mother and the man acknowledging paternity of 25 signing the form, including 26 (i) if one of the parents is a minor, any rights given 27 due to minority status; 28 (ii) legal alternatives to signing the form; and 29 (iii) the legal responsibility that arises from signing 30 the form; 31 (B) the mother and the man acknowledging paternity have
01 been notified that, unless fraud, duress, or material mistake of fact is 02 shown in accordance with AS 25.20.050, the acknowledgment may only be 03 rescinded within the earlier of 04 (i) 60 days after the date of the person's signature; 05 or 06 (ii) the date of a legal proceeding to establish support 07 of the child in which the person is a party; and 08 (C) the mother and the man acknowledging paternity have 09 read and understand the contents of the form. 10 * Sec. 23. AS 18.50.165 is amended by adding new subsections to read: 11 (e) An acknowledgment of paternity that met the requirements of state law at 12 the time that the acknowledgment was made in this state is not ineffective due to 13 changes in the form for acknowledgment occurring after the date that the 14 acknowledgment was made. 15 (f) An acknowledgment of paternity affidavit or form executed in another state 16 meeting that state's legal requirements shall be considered in this state as if the 17 affidavit or form was executed in compliance with this section. 18 (g) The registrar shall offer voluntary acknowledgment of paternity services 19 by making available technical assistance about the form described in this section. 20 Upon request, the registrar shall provide oral assistance to parents wishing to complete 21 the form. 22 * Sec. 24. AS 18.50.230 is amended by adding a new subsection to read: 23 (f) A death certificate issued under this section must include the decedent's 24 social security number, if ascertainable. Upon request, the registrar shall provide a 25 decedent's social security number to the child support enforcement agency created in 26 AS 25.27.010, or the child support agency of another state, for child support purposes 27 authorized under law. 28 * Sec. 25. AS 18.50.280(a) is amended to read: 29 (a) For each dissolution, divorce, and annulment of marriage granted by a 30 court in the state, the clerk of the court shall prepare and file a certificate of 31 dissolution, divorce, or annulment with the bureau, on forms prescribed and furnished
01 by the bureau. The forms must require the reporting of the social security 02 numbers of the petitioner or plaintiff and the other party to the dissolution, 03 divorce, or annulment of marriage. The petitioner or plaintiff shall furnish the court 04 with the information necessary to complete the certificate, and the furnishing of this 05 information is prerequisite to the issuance of a decree. 06 * Sec. 26. AS 18.50.280 is amended by adding a new subsection to read: 07 (c) Upon request, the bureau shall provide a social security number supplied 08 under (a) of this section to the child support enforcement agency created in 09 AS 25.27.010, or the child support enforcement agency of another state, for child 10 support purposes authorized under law. 11 * Sec. 27. AS 18.50.320 is amended to read: 12 Sec. 18.50.320. Copies of data from vital records. Except as otherwise 13 provided and in accordance with the regulations adopted under AS 18.50.310, 14 (1) the bureau and the custodian of permanent local records shall, upon 15 request, issue a certified copy of a certificate or record in their custody, or a part of 16 it; each copy issued must show the date of registration or recording, and copies issued 17 from records marked "delayed," "amended," or "court order" shall be similarly marked 18 and must show the effective date; 19 (2) a certified copy of a certificate or a part of it issued in accordance 20 with (1) of this section is considered the original for all purposes, and is prima facie 21 evidence of the facts stated, provided that the evidentiary value of a certificate or 22 record filed more than one year after the event, or a record that has been amended, or 23 a presumptive death certificate, shall be determined by the judicial or administrative 24 body or official before whom the certificate is offered as evidence; 25 (3) the National Office of Vital Statistics may be furnished the copies 26 or data it requires for national statistics [,] if the bureau is reimbursed for the cost of 27 furnishing the data; the National Office of Vital Statistics may not use the data for 28 purposes other than statistical purposes unless authorized by the state registrar; 29 (4) federal, state, local, and other public or private agencies, upon 30 request, may be furnished copies or data for statistical purposes on the terms or 31 conditions prescribed by the bureau;
01 (5) a person or agency may not prepare or issue a certificate or part of 02 a certificate that purports to be an original, certified copy, or copy of a certificate of 03 birth, death, fetal death, or marriage, except as authorized in this chapter or the 04 regulations adopted under it; 05 (6) upon request, the bureau shall furnish a copy of a certificate or 06 record registered by the bureau to the child support enforcement agency created 07 in AS 25.27.010, or the child support enforcement agency of another state, for 08 child support purposes authorized under law; such a certificate or record that is 09 prepared or maintained in an electronic data base may be supplied by providing 10 the requesting agency with a copy of the electronic certificate or record and a 11 statement certifying its contents. 12 * Sec. 28. AS 18.60.395(a) is amended to read: 13 (a) The Department of Labor shall adopt regulations for the licensing of boiler 14 operators. The regulations must conform to the generally accepted nationwide 15 standards and practices established for boiler operators. In addition to any 16 requirements adopted by regulation under this subsection, a person applying for 17 a license shall provide to the department, on the application, the person's social 18 security number. 19 * Sec. 29. AS 18.60.395 is amended by adding a new subsection to read: 20 (d) Upon request, the department shall provide a social security number 21 provided under (a) of this section to the child support enforcement agency created in 22 AS 25.27.010, or the child support enforcement agency of another state, for child 23 support purposes authorized under law. 24 * Sec. 30. AS 18.65.410 is amended to read: 25 Sec. 18.65.410. Applications. Application for a license as a security guard 26 must be made on forms provided by the commissioner. The application must require 27 the furnishing of information reasonably required by the commissioner to carry out the 28 provisions of AS 18.65.400 - 18.65.490, including classifiable fingerprints to enable 29 the search of criminal indices for evidence of a prior criminal record, and must 30 require the furnishing of the applicant's social security number if the applicant 31 is a natural person. The application must be accompanied by a nonrefundable
01 application fee of $50 for a security guard and $200 for a security guard agency. 02 * Sec. 31. AS 18.65.410 is amended by adding a new subsection to read: 03 (b) Upon request, the commissioner shall provide a social security number 04 provided under (a) of this section to the child support enforcement agency created in 05 AS 25.27.010, or the child support enforcement agency of another state, for child 06 support purposes authorized under law. 07 * Sec. 32. AS 18.72.030 is amended to read: 08 Sec. 18.72.030. Fireworks wholesaler's license. (a) A person who desires 09 to sell fireworks at wholesale in the state shall first make verified application for a 10 license to the state fire marshal on forms provided by the state fire marshal. The 11 forms must require the applicant to supply the applicant's social security number 12 if the applicant is a natural person. The application shall be accompanied by an 13 annual license fee of $50. 14 (b) The license required under (a) of this section is valid until December 31 15 of the year during which it is issued [,] and is renewable upon 16 (1) the payment of each subsequent annual license fee and affirmation 17 that the information contained in the wholesaler's original application for a fireworks 18 wholesaler's license is currently accurate; and 19 (2) supplying the wholesaler's social security number if it has not 20 previously been supplied under (a) of this section and if the wholesaler is a 21 natural person. 22 * Sec. 33. AS 21.06 is amended by adding a new section to read: 23 Sec. 21.06.255. Information for child support purposes. Notwithstanding 24 any other provision of this title, a natural person who applies for a license or requests 25 renewal of a license issued by the director under this title shall provide the director 26 with the person's social security number. Upon request, the director shall provide a 27 social security number provided under this section to the child support enforcement 28 agency created in AS 25.27.010, or the child support enforcement agency of another 29 state, for child support purposes authorized under law. 30 * Sec. 34. AS 23.20.110(e) is amended to read: 31 (e) The department shall provide information
01 (1) requested by a state or federal agency under an income and 02 eligibility verification system that meets the requirements of 42 U.S.C. 1320b-7 (Social 03 Security Act); or 04 (2) as required by federal law for child support purposes. 05 * Sec. 35. AS 23.20.110 is amended by adding a new subsection to read: 06 (o) Upon request and for child support purposes authorized under law, the 07 department shall provide to the child support enforcement agency created in 08 AS 25.27.010, or the child support enforcement agency of another state, the following: 09 (1) the name, address, social security number, ordinary occupation, and 10 employment status of each applicant for or recipient of benefits under this chapter; 11 (2) information about the applicant's or recipient's right to benefits 12 under this chapter; 13 (3) the name, address, and employer identification number of the 14 applicant's or recipient's current or former employer; 15 (4) information, if available, on the applicant or recipient concerning 16 (A) earnings or other income of the applicant or recipient; 17 (B) benefits from employment, including rights to or enrollment 18 in group health care coverage; and 19 (C) the type, status, location, and amount of assets of or debts 20 owed by or to the applicant or recipient. 21 * Sec. 36. AS 25.05.091 is amended by adding a new subsection to read: 22 (b) In addition to the requirements of (a) of this section, each contracting party 23 to the prospective marriage shall provide to the licensing officer the party's social 24 security number, if any. Upon request, the licensing officer shall provide a social 25 security number provided under this subsection to the child support enforcement 26 agency created in AS 25.27.010, or the child support enforcement agency of another 27 state, for child support purposes authorized under law. 28 * Sec. 37. AS 25.20.050(a) is amended to read: 29 (a) A child born out of wedlock is legitimated and considered the heir of the 30 putative parent when (1) the putative parent subsequently marries the undisputed parent 31 of the child; (2) for acknowledgments made before July 1, 1997, the putative parent
01 acknowledges, in writing, being a parent of the child; (3) for acknowledgments made 02 on or after July 1, 1997, the putative father and the mother both sign a form for 03 acknowledging paternity under AS 18.50.165; or (4) [(3)] the putative parent is 04 determined [JUDGED] by a superior court without jury or by another tribunal, 05 upon sufficient evidence, to be a parent of the child. Acceptable evidence includes [, 06 BUT IS NOT LIMITED TO,] evidence that the putative parent's conduct and bearing 07 toward the child, either by word or act, indicates that the child is the child of the 08 putative parent. That conduct may be construed by the tribunal [COURT] to 09 constitute evidence of parentage. When indefinite, ambiguous, or uncertain terms are 10 used, the tribunal [COURT] may use extrinsic evidence to show the putative parent's 11 intent. 12 * Sec. 38. AS 25.20.050(d) is amended to read: 13 (d) The results of a genetic test that is of a type generally acknowledged as 14 reliable by an accreditation body designated by the Secretary of Health and 15 Human Services and performed by a laboratory approved by such an 16 accreditation body [A BLOOD TEST, TISSUE-TYPE TEST, PROTEIN 17 COMPARISON, OR OTHER SCIENTIFICALLY ACCEPTED PROCEDURE] shall 18 be admitted and weighed in conjunction with other evidence in determining the 19 statistical probability that the putative parent is a legal parent of the child in question. 20 However, a genetic test described in this subsection [SCIENTIFICALLY 21 ACCEPTED PROCEDURE] that establishes a probability of parentage at 95 percent 22 or higher creates a presumption of parentage that may be rebutted only by clear and 23 convincing evidence. 24 * Sec. 39. AS 25.20.050(e) is repealed and reenacted to read: 25 (e) Except as provided in (i) of this section, in proceedings in which paternity 26 is contested, the tribunal shall order the parties, including the child, to submit to testing 27 as described in (d) of this section upon request of 28 (1) the child support enforcement agency created in AS 25.27.010 or 29 the child support enforcement agency of another state; or 30 (2) a party, including a sworn statement 31 (A) alleging the paternity of an individual and setting out facts
01 that show a reasonable possibility that the mother and that individual had 02 sexual contact that could have resulted in the conception of the child; or 03 (B) denying the paternity of an individual and setting out facts 04 that show a reasonable possibility that the mother and that individual did not 05 have sexual contact that could have resulted in the conception of the child. 06 * Sec. 40. AS 25.20.050(f), as amended by sec. 11, ch. 107, SLA 1996, is amended to 07 read: 08 (f) [IF THE CHILD SUPPORT ENFORCEMENT AGENCY IS A PARTY IN 09 AN ACTION IN WHICH PATERNITY IS CONTESTED, THE AGENCY SHALL 10 REQUEST THE COURT TO ORDER THE TESTS AND PROCEDURES 11 DESCRIBED IN (e) OF THIS SECTION.] The child support enforcement agency 12 may recover the costs of testing ordered under (e) of this section from the alleged 13 father unless the testing establishes that the individual is not the father [TESTS 14 AS A COST OF THE ACTION], except that costs may not be recovered from a 15 person who is a recipient of assistance under AS 47.25.310 - 47.25.420 (Aid to 16 Families with Dependent Children). 17 * Sec. 41. AS 25.20.050(h) is amended to read: 18 (h) The tribunal [COURT] in a paternity action shall give full faith and credit 19 to a determination of paternity made by another state, whether established through 20 voluntary acknowledgment or through administrative or judicial procedures. 21 * Sec. 42. AS 25.20.050 is amended by adding new subsections to read: 22 (i) If a tribunal finds that good cause exists not to order genetic testing after 23 considering the best interests of the child, the tribunal may not order testing under (e) 24 of this section. 25 (j) Invoices, bills, or other standard documents showing charges for medical 26 and related costs of pregnancy, childbirth, or genetic testing are admissible in an action 27 to establish paternity without testimony or other evidence from the medical or other 28 provider or third-party payor to provide the foundation for admissibility of the 29 documents. The documents shall constitute prima facie evidence of the amounts 30 incurred for such charges. 31 (k) Upon the motion of the child support enforcement agency or another party
01 in the action to establish paternity, the tribunal shall issue a temporary order for 02 support of the child whose paternity is being determined. The order shall be effective 03 until the tribunal issues a final order on paternity and a permanent order for support 04 is issued or the tribunal dismisses the action. The temporary order may only be issued 05 if the tribunal finds clear and convincing evidence of the paternity of the putative 06 father on the basis of the results of the genetic tests and other evidence admitted in the 07 proceeding. 08 (l) The tribunal shall consider a completed and signed form for acknowledging 09 paternity that meets the requirements of AS 18.50.165(a) as a legal finding of paternity 10 for a child born out of wedlock. For an acknowledgment signed on or after 11 July 1, 1997, the acknowledgment may only be withdrawn within the earlier of 60 12 days after the date that the person signed it or the initiation of a legal proceeding 13 relating to the child, including a legal proceeding to establish child support, in which 14 the parent is a party. After this time period has passed, the acknowledgment may only 15 be contested in superior court on the basis of fraud, duress, or material mistake. The 16 parent wishing to contest the acknowledgment carries the burden of proof by a 17 preponderance of the evidence. Unless good cause is shown, the court may not stay 18 child support or other legal responsibilities while the action to contest the 19 acknowledgment is pending. 20 (m) If a parent signs an acknowledgment of paternity under (a) of this section 21 and does not successfully challenge the acknowledgment under (l) of this section, the 22 child born out of wedlock is considered legitimated and the heir of the parent without 23 further action of the tribunal to ratify the acknowledgment of paternity. 24 (n) On and after July 1, 1997, a paternity order or an acknowledgment made 25 under this section must include the social security numbers, if ascertainable, of the 26 following persons: 27 (1) the father; 28 (2) the mother; 29 (3) the child. 30 (o) In this section, unless the context requires otherwise, "tribunal" means a 31 court, administrative agency, or quasi-judicial entity authorized by state law to
01 determine parentage. 02 * Sec. 43. AS 25.20.055 is amended by adding a new subsection to read: 03 (d) Notwithstanding (a) of this section, the Department of Health and Social 04 Services may adopt regulations to establish exceptions for good cause that identify 05 circumstances under which a hospital is not required to comply with (a) of this section. 06 A hospital may be excused from complying with (a) of this section if the hospital 07 meets those regulatory requirements. 08 * Sec. 44. AS 25.24.160 is amended by adding a new subsection to read: 09 (d) In a judgment issued under this section, the court shall include the social 10 security numbers, if ascertainable, of the following persons: 11 (1) each party to the action; 12 (2) each child whose rights are addressed in the judgment. 13 * Sec. 45. AS 25.24.170(b) is amended to read: 14 (b) For the purposes of a motion to modify or terminate child support, the 15 adoption or enactment of guidelines or a significant amendment to guidelines for 16 determining support is a material change in circumstances [,] if the guidelines are 17 relevant to the motion. As necessary to comply with 42 U.S.C. 666, a periodic 18 modification of child support may be made without a showing of a material 19 change in circumstances. 20 * Sec. 46. AS 25.24.210(e) is amended by adding a new paragraph to read: 21 (12) the social security numbers, if ascertainable, of the following 22 persons: 23 (A) both spouses to the marriage being dissolved; 24 (B) each child whose rights are being addressed in the petition 25 for dissolution. 26 * Sec. 47. AS 25.24.230 is amended by adding a new subsection to read: 27 (i) In a judgment issued under this section, the court shall include the social 28 security numbers, if ascertainable, of the following persons: 29 (1) each party to the dissolution of marriage; 30 (2) each child whose rights are addressed in the judgment. 31 * Sec. 48. AS 25.24 is amended by adding a new section to read:
01 Sec. 25.24.920. Provision of information to child support enforcement 02 agency. For purposes of 42 U.S.C. 666 and AS 25.27.193, when a court order or 03 judgment provides for child support to be paid, the clerk of the court shall provide a 04 copy of the order or judgment to the child support enforcement agency created in 05 AS 25.27.010. 06 * Sec. 49. AS 25.25.101(7) is amended to read: 07 (7) "initiating state" means a state from [IN] which a proceeding is 08 forwarded or in which a proceeding is filed for forwarding to a responding state 09 under this chapter or a law or procedure substantially similar to this chapter, or 10 under a law or procedure substantially similar to [THE FORMER PROVISIONS 11 OF THIS CHAPTER,] the Uniform Reciprocal Enforcement of Support Act [,] or the 12 Revised Uniform Reciprocal Enforcement of Support Act [IS FILED FOR 13 FORWARDING TO A RESPONDING STATE]; 14 * Sec. 50. AS 25.25.101(16) is amended to read: 15 (16) "responding state" means a state in [TO] which a proceeding is 16 filed or to which a proceeding is forwarded for filing from an initiating state under 17 this chapter or a law substantially similar to this chapter, or under a law or 18 procedure substantially similar to [THE FORMER PROVISIONS OF THIS 19 CHAPTER,] the Uniform Reciprocal Enforcement of Support Act or the Revised 20 Uniform Reciprocal Enforcement of Support Act; 21 * Sec. 51. AS 25.25.101(19) is amended to read: 22 (19) "state" means a state of the United States, the District of 23 Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession 24 subject to the jurisdiction of the United States; the term "state" includes a foreign 25 jurisdiction that has enacted a law or established procedures for issuance and 26 enforcement of support orders that are substantially similar to the procedures under this 27 chapter or under the Uniform Reciprocal Enforcement of Support Act or the 28 Revised Uniform Reciprocal Enforcement of Support Act; 29 * Sec. 52. AS 25.25.207 is repealed and reenacted to read: 30 Sec. 25.25.207. Recognition of controlling child support order. (a) If a 31 proceeding is brought under this chapter and only one tribunal has issued a child
01 support order, the order of that tribunal is controlling and shall be recognized. 02 (b) If a proceeding is brought under this chapter and two or more child support 03 orders have been issued by tribunals of this state or another state with regard to the 04 same obligor and child, a tribunal of this state shall apply the following rules in 05 determining which order to recognize for purposes of continuing, exclusive 06 jurisdiction: 07 (1) if only one of the tribunals would have continuing, exclusive 08 jurisdiction under this chapter, the order of that tribunal is controlling and shall be 09 recognized; 10 (2) if more than one of the tribunals would have continuing, exclusive 11 jurisdiction under this chapter, an order issued by a tribunal in the current home state 12 of the child shall be recognized, but, if an order has not been issued in the current 13 home state of the child, the order most recently issued is controlling and shall be 14 recognized; 15 (3) if none of the tribunals would have continuing, exclusive 16 jurisdiction under this chapter, the tribunal of this state having jurisdiction over the 17 parties shall issue a child support order, which is controlling and shall be recognized. 18 (c) If two or more child support orders have been issued for the same obligor 19 and child and if the obligor or the individual obligee resides in this state, a party may 20 request a tribunal of this state to determine which order controls and shall be 21 recognized under (b) of this section. The request shall be accompanied by a certified 22 copy of every support order in effect. Every party whose rights may be affected by 23 a determination of the controlling order shall be given notice of the request for that 24 determination. 25 (d) The tribunal that issued the order that shall be recognized as controlling 26 under (a), (b), or (c) of this section is the tribunal that has continuing, exclusive 27 jurisdiction in accordance with AS 25.25.205. 28 (e) A tribunal of this state that determines by order the identity of the 29 controlling child support order under (b)(1) or (2) of this section, or that issues a new 30 controlling child support order under (b)(3) of this section, shall include in that order 31 the basis upon which the tribunal made its determination.
01 (f) Within 30 days after issuance of the order determining the identity of the 02 controlling order, the party obtaining that order shall file a certified copy of that order 03 with each tribunal that had issued or registered an earlier order of child support. 04 Failure of the party obtaining the order to file a certified copy as required under this 05 subsection subjects that party to appropriate sanctions by a tribunal in which the issue 06 of failure to file arises, but that failure has no effect on the validity or enforceability 07 of the controlling order. 08 * Sec. 53. AS 25.25.301(b) is amended to read: 09 (b) This chapter provides for the following proceedings: 10 (1) establishment of an order for child support or spousal support under 11 AS 25.25.401; 12 (2) enforcement of a support order and income withholding order of 13 another state without registration under AS 25.25.501 - 25.25.507 [AS 25.25.501 - 14 25.25.502]; 15 (3) registration of an order for child support or spousal support of 16 another state for enforcement under AS 25.25.601 - 25.25.614 [AS 25.25.601 - 17 25.25.612]; 18 (4) modification of an order for child support or spousal support issued 19 by a tribunal of this state under AS 25.25.203 - 25.25.206; 20 (5) registration of an order for child support of another state for 21 modification under AS 25.25.601 - 25.25.614 [AS 25.25.601 - 25.25.612]; 22 (6) determination of parentage under AS 25.25.701; and 23 (7) assertion of jurisdiction over nonresidents under AS 25.25.201 - 24 25.25.202. 25 * Sec. 54. AS 25.25.304 is amended by adding a new subsection to read: 26 (b) If a responding state has not enacted a law or procedure substantially 27 similar to this chapter, a tribunal of this state may issue a certificate or other 28 documents and make findings required by the law of the responding state. If the 29 responding state is a foreign jurisdiction, the tribunal may specify the amount of 30 support sought and provide other documents necessary to satisfy the requirements of 31 the responding state.
01 * Sec. 55. AS 25.25.305(a) is amended to read: 02 (a) When a responding tribunal of this state receives a complaint or 03 comparable pleading from an initiating tribunal or directly under AS 25.25.301(c), it 04 shall cause the complaint or pleading to be filed and notify the petitioner [BY FIRST 05 CLASS MAIL] where and when it was filed. 06 * Sec. 56. AS 25.25.305(e) is amended to read: 07 (e) If a responding tribunal of this state issues an order under this chapter, the 08 tribunal shall send a copy of the order [BY FIRST CLASS MAIL] to the petitioner 09 and the respondent and to the initiating tribunal, if any. 10 * Sec. 57. AS 25.25.306 is amended to read: 11 Sec. 25.25.306. Inappropriate tribunal. If a complaint or comparable 12 pleading is received by an inappropriate tribunal of this state, it shall forward the 13 complaint or pleading, and accompanying documents, to an appropriate tribunal in this 14 state or another state and notify the petitioner [BY FIRST CLASS MAIL] where and 15 when the complaint or pleading was sent. 16 * Sec. 58. AS 25.25.307(b) is amended to read: 17 (b) In providing services under this chapter to the petitioner, the child support 18 enforcement agency shall, as appropriate, 19 (1) take all steps necessary to enable an appropriate tribunal in this 20 state or another state to obtain jurisdiction over the respondent; 21 (2) request an appropriate tribunal to set a date, time, and place for a 22 hearing; 23 (3) make a reasonable effort to obtain all relevant information, 24 including information as to income and property of the parties; 25 (4) send written notice from an initiating, responding, or registering 26 tribunal to the petitioner [BY FIRST CLASS MAIL] within two days of receipt, 27 exclusive of Saturdays, Sundays, and legal holidays; 28 (5) send a copy of a written communication from the respondent or the 29 respondent's attorney to the petitioner [BY FIRST CLASS MAIL] within two days of 30 receipt, exclusive of Saturdays, Sundays, and legal holidays; and 31 (6) notify the petitioner if jurisdiction over the respondent cannot be
01 obtained. 02 * Sec. 59. AS 25.25.310 is amended to read: 03 Sec. 25.25.310. Duties of state information and locator agency. The child 04 support enforcement agency is the state information agency under this chapter, and it 05 shall 06 (1) compile and maintain a current list, including addresses, of the 07 tribunals [COURTS] in this state that have jurisdiction under this chapter and the 08 appropriate agency offices in this state and transmit a copy to the state information 09 agency of every other state; 10 (2) maintain a register of tribunals and support enforcement agencies 11 received from other states; 12 (3) forward to the appropriate tribunal in this state all documents 13 concerning a proceeding under this chapter received from an initiating tribunal or the 14 state information agency of the initiating state; and 15 (4) obtain information concerning the location of the obligor and the 16 obligor's property within this state that is not exempt from execution by postal 17 verification and federal or state locator services, examination of telephone directories, 18 requests for the obligor's address from employers, and examination of governmental 19 records, including, to the extent not prohibited by other law, those relating to real 20 property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, 21 and social security. 22 * Sec. 60. AS 25.25.312 is amended to read: 23 Sec. 25.25.312. Nondisclosure of information in exceptional circumstances. 24 Upon [SUBJECT TO THE PROVISIONS OF AS 25.27.275 AND UPON] a finding, 25 which may be made ex parte, that the health, safety, or liberty of a party or child 26 would be unreasonably put at risk by the disclosure of identifying information, or if 27 an existing order so provides, a tribunal shall order that the address of the child or 28 party or other identifying information not be disclosed in a pleading or other document 29 filed in a proceeding under this chapter. 30 * Sec. 61. AS 25.25.501 is repealed and reenacted to read: 31 Sec. 25.25.501. Employer's receipt of income withholding order of another
01 state. An income withholding order issued in another state may be sent to the person 02 or entity defined as the obligor's employer under AS 25.27 without first filing a 03 complaint or comparable pleading or registering the order with a tribunal of this state. 04 * Sec. 62. AS 25.25.502 is repealed and reenacted to read: 05 Sec. 25.25.502. Employer's compliance with income withholding order of 06 another state. (a) Upon receipt of an order under AS 25.25.501, the obligor's 07 employer shall immediately provide a copy of the order to the obligor. 08 (b) The employer shall treat an income withholding order issued in another 09 state that appears regular on its face as if it were issued by a tribunal of this state. 10 (c) Except as provided by (d) of this section and AS 25.25.503, the employer 11 shall withhold and distribute the funds as directed in the withholding order by 12 complying with the terms of the order, as applicable, that specify 13 (1) the duration and the amount of periodic payments of current child 14 support, stated as a sum certain; 15 (2) the person or agency designated to receive payments and the 16 address to which the payments are to be forwarded; 17 (3) medical support, whether in the form of periodic cash payment, 18 stated as a sum certain, or an order to the obligor to provide health insurance coverage 19 for the child under a policy available through the obligor's employment; 20 (4) the amount of periodic payments of fees and costs for a support 21 enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums 22 certain; and 23 (5) the amount of periodic payments of arrearages and interest on 24 arrearages, stated as sums certain. 25 (d) The employer shall comply with the law of the state of the obligor's 26 principal place of employment for withholding from income with respect to 27 (1) the employer's fee for processing an income withholding order; 28 (2) the maximum amount permitted to be withheld from the obligor's 29 income; and 30 (3) the time periods within which the employer must implement the 31 withholding order and forward the child support payment.
01 * Sec. 63. AS 25.25 is amended by adding new sections to article 5 to read: 02 Sec. 25.25.503. Compliance with multiple income withholding orders. If 03 an obligor's employer receives multiple orders to withhold support from the earnings 04 of the same obligor, the employer shall be considered to have satisfied the terms of the 05 multiple orders if the employer complies with the law of the state of the obligor's 06 principal place of employment to establish the priorities for withholding and allocating 07 income withheld for multiple child support orders. 08 Sec. 25.25.504. Immunity from civil liability. An employer who complies 09 with an income withholding order issued in another state in accordance with 10 AS 25.25.501 - 25.25.505 is not subject to civil liability to an individual or agency 11 with regard to the employer's withholding of child support from the obligor's income. 12 Sec. 25.25.505. Penalties for noncompliance. An employer who wilfully fails 13 to comply with an income withholding order issued by another state and received for 14 enforcement is subject to the same penalties that may be imposed for noncompliance 15 with an order issued by a tribunal of this state. 16 Sec. 25.25.506. Contest by obligor. (a) An obligor may contest the validity 17 or enforcement of an income withholding order issued in another state and received 18 directly by an employer in this state in the same manner as if the order were issued 19 by a tribunal of this state. The provisions of AS 25.25.604 apply to the contest. 20 (b) The obligor shall give notice of the contest to 21 (1) a support enforcement agency providing services to the obligee; 22 (2) each employer that has directly received an income withholding 23 order; and 24 (3) if 25 (A) a person or an agency is designated to receive payments in 26 the income withholding order, to that person or agency; or 27 (B) no person or agency is designated to receive payments in 28 the income withholding order, to the obligee. 29 Sec. 25.25.507. Administrative enforcement of orders. (a) A party seeking 30 to enforce a support order or an income withholding order, or both, issued by a 31 tribunal of another state may send the documents required for registering the order to
01 the child support enforcement agency of this state. 02 (b) Upon receipt of the documents, the child support enforcement agency, 03 without initially seeking to register the order, shall consider and, if appropriate, use 04 any administrative procedure authorized by the law of this state to enforce a support 05 order or an income withholding order, or both. If the obligor does not contest 06 administrative enforcement, the order need not be registered. If the obligor contests 07 the validity or administrative enforcement of the order, the child support enforcement 08 agency shall register the order under this chapter. 09 * Sec. 64. AS 25.25.602(a) is amended to read: 10 (a) A support order or income withholding order of another state may be 11 registered in this state by sending the following documents and information to a 12 tribunal of this state: 13 (1) a letter of transmittal to the tribunal requesting registration and 14 enforcement; 15 (2) two copies, including one certified copy, of all orders to be 16 registered, including any modification of an order; 17 (3) a sworn statement by the party seeking registration or a certified 18 statement by the custodian of the records showing the amount of any arrearage; 19 (4) the name of the obligor and, if known, 20 (A) the obligor's address and social security number; 21 (B) the name and address of the obligor's employer and any 22 other source of income of the obligor; 23 (C) a description and the location of property in this state of the 24 obligor not exempt from execution; and 25 (D) the names [NAME] and addresses [ADDRESS] of all 26 potential third-party [THIRD PARTY] resources, including a health insurer, 27 that might be available to meet the requirements of a medical support order; 28 and 29 (5) the name and address of the obligee and, if applicable, the agency 30 or person to whom support payments are to be remitted. 31 * Sec. 65. AS 25.25.605(a) is amended to read:
01 (a) When a support order or income withholding order issued in another state 02 is registered, the registering tribunal shall notify the nonregistering party. [NOTICE 03 SHALL BE GIVEN BY FIRST CLASS, CERTIFIED, OR REGISTERED MAIL OR 04 BY ANY MEANS OF PERSONAL SERVICE AUTHORIZED BY THE LAW OF 05 THIS STATE.] The notice must be accompanied by a copy of the registered order and 06 the documents and relevant information accompanying the order. 07 * Sec. 66. AS 25.25.605(b) is amended to read: 08 (b) The notice must inform the nonregistering party 09 (1) that a registered order is enforceable as of the date of registration 10 in the same manner as an order issued by a tribunal of this state; 11 (2) that a hearing to contest the validity or enforcement of the 12 registered order must be requested within 20 days after [THE DATE OF MAILING 13 OR PERSONAL SERVICE OF THE] notice; 14 (3) that failure to contest the validity or enforcement of the registered 15 order in a timely manner will result in confirmation of the order and enforcement of 16 the order and the alleged arrearages and precludes further contest of that order with 17 respect to any matter that could have been asserted; and 18 (4) of the amount of alleged arrearages. 19 * Sec. 67. AS 25.25.606(a) is amended to read: 20 (a) A nonregistering party seeking to contest the validity or enforcement of a 21 registered order in this state shall request a hearing within 20 days after the [DATE 22 OF MAILING OR PERSONAL SERVICE OF] notice of the registration. The 23 nonregistering party may seek to vacate the registration, to assert a defense to an 24 allegation of noncompliance with the registered order, or to contest the remedies being 25 sought or the amount of alleged arrearages under AS 25.25.607. 26 * Sec. 68. AS 25.25.606(c) is amended to read: 27 (c) If a nonregistering party requests a hearing to contest the validity or 28 enforcement of the registered order, the registering tribunal shall schedule the matter 29 for hearing and give notice to the parties [BY FIRST CLASS MAIL] of the date, time, 30 and place of the hearing. 31 * Sec. 69. AS 25.25.609 is amended to read:
01 Sec. 25.25.609. Procedure to register child support order of another state 02 for modification. If a party or the child support enforcement agency seeks to modify, 03 or to modify and enforce, a child support order issued in another state but not 04 registered in this state, the party or agency shall register that order in this state in the 05 same manner provided in AS 25.25.601 - 25.25.608 [AS 25.25.601 - 25.25.604]. A 06 complaint for modification may be filed at the same time as a request for registration, 07 or later. The pleading must specify the grounds for modification. 08 * Sec. 70. AS 25.25.611(a) is amended to read: 09 (a) After a child support order issued in another state has been registered in 10 this state, unless the provisions of AS 25.25.613 apply, the responding tribunal of this 11 state may modify that order only if, after notice and an opportunity for hearing, it finds 12 that 13 (1) the following requirements are met: 14 (A) the child, the individual obligee, and the obligor do not 15 reside in the issuing state; 16 (B) a petitioner who is not a resident of this state seeks 17 modification; and 18 (C) the respondent is subject to the personal jurisdiction of the 19 tribunal of this state; or 20 (2) an individual party or the child is subject to the personal jurisdiction 21 of the tribunal and all of the individual parties have filed a written consent in the 22 issuing tribunal providing that a tribunal of this state may modify the support order and 23 assume continuing, exclusive jurisdiction over the order; however, if the issuing state 24 is a foreign jurisdiction that has not enacted a law substantially similar to this 25 chapter, the written consent of the individual party residing in this state is not 26 required for the tribunal to assume jurisdiction to modify the child support order. 27 * Sec. 71. AS 25.25.611(c) is amended to read: 28 (c) A tribunal of this state may not modify any aspect of a child support order 29 that may not be modified under the law of the issuing state. If two or more tribunals 30 have issued child support orders for the same obligor and child, the order that 31 is controlling and must be recognized under the provisions of AS 25.25.207
01 establishes the nonmodifiable aspects of the support order. 02 * Sec. 72. AS 25.25.612 is amended to read: 03 Sec. 25.25.612. Recognition of order modified in another state. A tribunal 04 of this state shall recognize a modification of its earlier child support order by a 05 tribunal of another state that assumed jurisdiction under this chapter or a law 06 substantially similar to this chapter and, upon request, except as otherwise provided 07 in this chapter, shall 08 (1) enforce the order that was modified only as to amounts accruing 09 before the modification; 10 (2) enforce only nonmodifiable aspects of that order; 11 (3) provide other appropriate relief only for violations of that order that 12 occurred before the effective date of the modification; and 13 (4) recognize the modifying order of the other state, upon registration, 14 for the purpose of enforcement. 15 * Sec. 73. AS 25.25 is amended by adding new sections to article 6 to read: 16 Sec. 25.25.613. Jurisdiction to modify support order of another state when 17 individual parties reside in this state. (a) If all of the individual parties reside in 18 this state and the child does not reside in the issuing state, a tribunal of this state has 19 jurisdiction to enforce and to modify the issuing state's child support order in a 20 proceeding to register that order. 21 (b) A tribunal of this state exercising jurisdiction as provided in this section 22 shall apply the provisions of AS 25.25.101 - 25.25.209 and 25.25.601 - 25.25.614 to 23 the enforcement or modification proceeding. AS 25.25.301 - 25.25.507, 25.25.701, 24 25.25.801, and 25.25.802 do not apply, and the tribunal shall apply the procedural and 25 substantive law of this state. 26 Sec. 25.25.614. Notice to issuing tribunal of modification. Within 30 days 27 after issuance of a modified child support order, the party obtaining the modification 28 shall file a certified copy of the order with the issuing tribunal that had continuing, 29 exclusive jurisdiction over the earlier order and with each tribunal in which the party 30 knows that an earlier order has been registered. Failure of the party obtaining the 31 order to file a certified copy as required subjects that party to appropriate sanctions by
01 a tribunal in which the issue of failure to file arises, but that failure has no effect on 02 the validity or enforceability of the modified order of the new tribunal of continuing, 03 exclusive jurisdiction. 04 * Sec. 74. AS 25.25.701(a) is amended to read: 05 (a) A tribunal of this state may serve as an initiating or responding tribunal in 06 a proceeding brought under this chapter or a law or procedure substantially similar 07 to this chapter, a law or procedure substantially similar to the former provisions of 08 this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised 09 Uniform Reciprocal Enforcement of Support Act to determine whether the petitioner 10 is a parent of a particular child or to determine whether a respondent is a parent of that 11 child. 12 * Sec. 75. AS 25.27.020(a)(2) is amended to read: 13 (2) adopt regulations to carry out the purposes of this chapter and AS 25.25, 14 including regulations that establish 15 (A) [SCHEDULES FOR DETERMINING THE AMOUNT AN 16 OBLIGOR IS LIABLE TO CONTRIBUTE TOWARD THE SUPPORT OF AN 17 OBLIGEE UNDER THIS CHAPTER AND UNDER 42 U.S.C. 651 - 669 18 (TITLE IV-D, SOCIAL SECURITY ACT); 19 (B)] procedures for hearings conducted under AS 25.27.170 and 20 for administrative enforcement of support orders; 21 (B) [(C)] subject to AS 25.27.025 and to federal law, a uniform 22 rate of interest on arrearages of support that shall be charged the obligor upon 23 notice if child support payments are 10 or more days overdue or if payment is 24 made by a check backed by insufficient funds; however, an obligor may not be 25 charged interest on late payment of a child support obligation, other than a 26 payment on arrearages, if the obligor is 27 (i) employed and income is being withheld from the 28 obligor's wages under an income withholding order; 29 (ii) receiving unemployment compensation and child 30 support obligations are being withheld from the obligor's unemployment 31 payments under AS 23.20.401; or
01 (iii) receiving compensation for disabilities under 02 AS 23.30 and child support obligations are being withheld from the 03 obligor's compensation payments; [AND] 04 (C) [(D)] procedures for establishing and disestablishing 05 paternity under AS 25.27.165 and 25.27.166 [AS 25.27.165 - 25.27.166], 06 including procedures for hearings; and 07 (D) procedures under which the agency shall enter into 08 contracts or agreements with financial institutions doing business in the 09 state to develop and operate an automated data match system as required 10 by 42 U.S.C. 666(a)(17). 11 * Sec. 76. AS 25.27.020(a)(6) is amended to read: 12 (6) disburse support payments collected by the agency to the obligee, 13 together with interest charged under (2)(B) [(2)(C)] of this subsection; 14 * Sec. 77. AS 25.27.020(a)(13) is amended to read: 15 (13) act as the central registry for all child support orders and 16 exchange information as required by federal law. 17 * Sec. 78. AS 25.27.020(a) is amended by adding a new paragraph to read: 18 (14) act as the state disbursement unit or, at the agency's discretion, 19 enter into contracts or agreements with contractors, directly responsible to the agency, 20 to perform some or all of the functions of the state disbursement unit. 21 * Sec. 79. AS 25.27.020 is amended by adding new subsections to read: 22 (d) The agency may issue an administrative order or request a court order that 23 requires an individual in arrears under an order of support for a child who is receiving 24 assistance under AS 47.07, or under AS 47.25.310 - 47.25.420 or a successor program, 25 to make payments according to an approved payment plan or, if the individual is not 26 incapacitated, to participate in appropriate work activities. 27 (e) To the extent required by federal law and as necessary for locating 28 individuals for child support purposes, the agency, the child support enforcement 29 agency of another state, or the federal government is entitled to access to information 30 used by the Department of Public Safety or a successor agency to locate an individual 31 for purposes relating to motor vehicle or law enforcement.
01 * Sec. 80. AS 25.27.025 is amended to read: 02 Sec. 25.27.025. Rate of interest. The rate of interest imposed under 03 AS 25.27.020(a)(2)(B) [AS 25.27.020(a)(2)(C)] shall be six percent a year or a lesser 04 rate that is the maximum rate of interest permitted to be imposed under federal law. 05 * Sec. 81. AS 25.27.040(a), as amended by sec. 13, ch. 107, SLA 1996, is amended to 06 read: 07 (a) The agency may appear on behalf of minor children or their mother or 08 legal custodian or the state and initiate efforts to have the paternity of children born 09 out of wedlock determined by the court. When the agency is a party to a court action 10 in which paternity is contested, it shall request and pay for genetic testing and 11 procedures under AS 25.20.050(e) and may recover the costs of the testing as 12 provided in AS 25.20.050(f). [THE AGENCY MAY RECOVER THE COSTS OF 13 THE TESTS AS A COST OF THE COURT ACTION, EXCEPT THAT COSTS MAY 14 NOT BE RECOVERED FROM A PERSON WHO IS A RECIPIENT OF 15 ASSISTANCE UNDER AS 47.27 (ALASKA TEMPORARY ASSISTANCE 16 PROGRAM).] 17 * Sec. 82. AS 25.27.045 is amended to read: 18 Sec. 25.27.045. Determination of support obligation. (a) The parent of a 19 child has a duty to support the child regardless of whether an order, decree, or 20 judgment for support has been entered by a tribunal. 21 (b) The agency may appear in an action seeking an award of support on behalf 22 of a child owed a duty of support, or to enforce a spousal support order if a spousal 23 support obligation has been established and if a support obligation, established with 24 respect to a child of that spouse, is also being administered, and may also appear in 25 an action seeking modification of a support order, decree or judgment already entered. 26 Action under this section may be undertaken upon application of an obligee, or upon 27 application of the agency at the agency's own discretion [IF THE OBLIGOR IS 28 LIABLE TO THE STATE UNDER AS 25.27.120(a) OR (b)]. 29 * Sec. 83. AS 25.27 is amended by adding a new section to read: 30 Sec. 25.27.055. Relief from judgment, decree, or order for support based 31 on false information. If a judgment, a decree, or an order that provides for child
01 support is entered or modified by a tribunal based upon information submitted by a 02 party who knows that the information is false, at the discretion of the tribunal or on 03 request of the party, the tribunal may vacate the judgment, decree, or order and enter 04 a new judgment, decree, or order covering the same time period, correctly stating the 05 child support obligation. Such an action is not a retroactive modification for purposes 06 of Rule 90.3(h)(2), Alaska Rules of Civil Procedure. 07 * Sec. 84. AS 25.27.062(d) is amended to read: 08 (d) Income withholding under a support order that does not require immediate 09 income withholding and that is not being enforced by the agency may be initiated 10 either by filing a motion with the court and complying with applicable court rules or, 11 if there is a child support arrearage, by making a written request to the agency 12 for immediate income withholding under AS 25.27.150. Application to the agency 13 under this subsection may not, by itself, be construed as a request for other 14 services of the agency. If immediate withholding under this subsection is sought 15 through a motion to the court, the [. THE] court shall order the beginning of income 16 withholding under this subsection if the court finds that any of the grounds in (c)(1), 17 (2), or (3)(B) [(c)(1), (c)(2), OR (c)(3)(B)] of this section is satisfied. It is not a 18 defense to a motion based on (c)(2) of this section that less than one full month's 19 payment is past due by 30 days if at least one full month's payment was past due by 20 30 days on the date the motion was filed. Notice to the obligor of income withholding 21 ordered under this subsection must be given in a manner that complies with court 22 rules. In this subsection, "past due by 30 days" means unpaid 30 days after the 23 monthly due date specified in the support order. 24 * Sec. 85. AS 25.27.062(e) is amended to read: 25 (e) The agency or the person who obtains an income withholding order under 26 this chapter shall immediately send a copy of the income withholding order, a copy 27 of the relevant provisions of AS 25.27.260 and this section, and an explanation of the 28 effect of the statutes to persons who may owe money to an obligor. These items may 29 be sent by first class mail or certified mail, return receipt requested, or they may be 30 served personally by a process server, except that the agency alternatively may send 31 the items by electronic means. An income withholding order made under this chapter
01 is binding upon a person, employer, political subdivision, or department of the state 02 immediately upon receipt of a copy of the income withholding order. An employer 03 shall immediately begin withholding the specified amount from the employee's wages. 04 The amount withheld shall be sent to the agency within seven business days after 05 the date the amount would otherwise have been paid or credited to the employee 06 [(1) 14 WORKING DAYS AFTER THE MAILING DATE ON THE ORDER OF 07 WITHHOLDING OR 14 WORKING DAYS AFTER THE DATE ON WHICH THE 08 ORDER WAS PERSONALLY SERVED, WHICHEVER IS APPLICABLE, OR (2) 09 ON THE FIRST DAY OF THE NEXT PAY PERIOD, IF EARLIER. THE AMOUNT 10 WITHHELD SHALL BE SENT TO THE AGENCY WITHIN 10 WORKING DAYS 11 AFTER THE DATE THE EMPLOYEE IS PAID]. An employer may, for each 12 payment made under an order, deduct $5 from other wages or salary owed to the 13 obligor. 14 * Sec. 86. AS 25.27.062(f) is amended to read: 15 (f) An employer may not discharge, discipline, or refuse to employ an obligor 16 on the basis of an income withholding order issued under this chapter. If an employer 17 discharges, disciplines, or refuses to employ an obligor because of an income 18 withholding obligation, the court, after notice and hearing, may order reinstatement or 19 restitution to the obligor, or both. A person who violates this subsection or a 20 regulation adopted to implement it, is liable for a civil penalty of not more than 21 $10,000 [$1,000]. 22 * Sec. 87. AS 25.27.062(j) is amended to read: 23 (j) An employer may combine into a single payment to the agency amounts 24 withheld from more than one obligor if the employer specifies the portion of the 25 payment attributable to each obligor and complies with the time deadlines set out 26 in (e) of this section. 27 * Sec. 88. AS 25.27.075 is repealed and reenacted to read: 28 Sec. 25.27.075. Employment information. (a) An employer doing business 29 in the state shall report to the agency the hiring, rehiring, or returning to work of each 30 employee within the time limits set out in (b) of this section. The report must contain 31 the name, address, and social security number of each of those employees, the name
01 and address of the employer, and the identifying number assigned to the employer by 02 the Internal Revenue Service under 26 U.S.C. 6109. 03 (b) An employer required to report under (a) of this section may make the 04 report by either of the following methods: 05 (1) if the report is submitted magnetically or electronically, the report 06 shall be made in a format mutually agreed upon by the employer and the agency; 07 employers using this reporting method shall comply with (a) of this section by 08 transmitting two monthly reports not less than 12 days nor more than 16 days apart; 09 or 10 (2) if the report is not made magnetically or electronically, the report 11 shall be made on an Internal Revenue Service W-4 form or, at the option of the 12 employer, an equivalent form; the report may be transmitted by first class mail and 13 must be received by the agency within 20 days after the date of the hiring, rehiring, 14 or returning to work of the employee. 15 (c) An employer that does business in this state and that has employees in at 16 least one other state is not required to comply with (a) of this section if the employer 17 (1) submits, magnetically or electronically, timely reports of its 18 employees to the state directory in another state in which the employer has employees 19 if the directory serves the same purpose as the directory maintained under (a) of this 20 section and the employer makes the report in compliance with the laws of that state; 21 and 22 (2) provides written notification of its choice to the Secretary of Health 23 and Human Services. 24 (d) An employer of an obligor or a labor union of which an obligor is a 25 member shall promptly provide to the agency, or the child support enforcement agency 26 of another state, information requested regarding an employee's or contractor's 27 compensation, employment, wages or salary, and occupation. The information required 28 under this subsection is in addition to the information, if any, required under (a) of this 29 section. 30 (e) For each employee reported under this section, an employer may deduct 31 $1 from wages or salary owed to that employee to cover the cost of reporting.
01 (f) In addition to another penalty under law, an employer or a labor union that 02 knowingly violates this section, or a regulation adopted under this section, is liable for 03 a civil penalty of not more than $1,000. 04 (g) In this section, 05 (1) "employee" means an individual who is an employee within the 06 meaning of 26 U.S.C. 3401(c), but does not include an employee of a federal or state 07 agency performing intelligence or counterintelligence functions if the head of that 08 agency has determined that reporting under this section with respect to the employee 09 could endanger the safety of the employee or compromise an ongoing investigation or 10 intelligence mission; 11 (2) "employer" means an individual or entity within the meaning given 12 that term in 26 U.S.C. 3401(d); "employer" includes a governmental entity or a labor 13 organization; 14 (3) "labor organization" has the meaning given that term in 29 U.S.C. 15 152; "labor organization" includes an entity sometimes known as a hiring hall that is 16 used by the organization and an employer to carry out requirements described in 29 17 U.S.C. 158(f)(3) of an agreement between the organization and the employer. 18 * Sec. 89. AS 25.27.085 is amended to read: 19 Sec. 25.27.085. Subpoenas. The agency [, WITH THE CONCURRENCE OF 20 THE COMMISSIONER OF REVENUE,] may subpoena persons, books, records, and 21 documents to 22 (1) obtain any financial or other information needed to establish, 23 modify, or enforce a child support order [DETERMINE THE EXTENT AND 24 LOCATION OF ASSETS OF ANY OBLIGOR WHO IS MORE THAN 45 DAYS IN 25 ARREARS IN A CHILD SUPPORT OBLIGATION ESTABLISHED EITHER BY 26 COURT OR ADMINISTRATIVE ORDER]; 27 (2) determine the paternity of a child under AS 25.27.165; or 28 (3) disestablish the paternity of a child under AS 25.27.166. 29 * Sec. 90. AS 25.27.085 is amended by adding new subsections to read: 30 (b) An administrative subpoena issued under this section shall be delivered by 31 first class mail. Proof of service may be completed according to Rule 5, Alaska Rules
01 of Civil Procedure. 02 (c) A person who is issued an administrative subpoena shall be provided an 03 opportunity to refuse to comply with it for good cause by filing a request for a 04 conference with the agency in this state in the manner and within the time specified 05 in regulations adopted by the agency. Good cause shall be limited to mistake in 06 identity of the person or to a prohibition under law to release such information. 07 (d) After a conference requested under (c) of this section, the agency shall 08 issue an order on the request relating to good cause. If the person continues to refuse 09 to comply with the administrative subpoena, the agency in the state shall issue an order 10 to impose a civil penalty of $10 for each day of noncompliance with the subpoena. 11 (e) In addition to being subject to possible criminal penalties, a person who 12 avoids, prevents, or obstructs compliance, in whole or part, with an administrative 13 subpoena issued under this section, or who unlawfully removes from a place, conceals, 14 withholds, destroys, falsifies, mutilates, or alters books, records, or documents 15 requested in the administrative subpoena, is subject to a civil fine by the superior 16 court, upon petition of the agency, of not more than $5,000 for each act or occurrence. 17 (f) An order imposing a civil penalty under this section is a final 18 administrative decision and may be appealed under AS 25.27.210. 19 (g) This section does not limit the ability of the agency to make other lawful 20 requests for information. 21 * Sec. 91. AS 25.27 is amended by adding a new section to read: 22 Sec. 25.27.086. Subpoenas issued by agency of another state. (a) If the 23 child support enforcement agency of another state issues a subpoena regarding persons, 24 books, records, or documents in this state, the subpoena must be complied with as if 25 it were issued by this state's child support enforcement agency if 26 (1) the subpoena is to 27 (A) obtain financial or other information needed to establish, 28 modify, or enforce a support order; or 29 (B) determine or disestablish the paternity of a child under the 30 laws of the state in which the subpoena was issued; and 31 (2) the issuing agency complied with AS 25.27.085(b).
01 (b) The procedures in or adopted under AS 25.27.085(c) and (d) apply to a 02 person who is issued a subpoena described in (a) of this section. 03 (c) The child support enforcement agency of this state shall enforce a subpoena 04 described in (a) of this section and shall provide the opportunity for conference and 05 issue any order under AS 25.27.085(c) and (d) on behalf of the issuing agency. 06 AS 25.27.085(f) applies to an order under this subsection. 07 (d) The penalties provided in AS 25.27.085 apply regarding a subpoena 08 described in (a) of this section. 09 (e) Nothing in this section limits the ability of a child support enforcement 10 agency of another state to make other lawful requests for information in this state. 11 * Sec. 92. AS 25.27.100(a) is amended to read: 12 (a) The agency shall provide aid to any person due child support under the 13 laws of this state upon application. The [SUBJECT TO (b) OF THIS SECTION, 14 THE] agency may, by regulation, impose a fee for services provided under this 15 chapter. 16 * Sec. 93. AS 25.27.103 is amended to read: 17 Sec. 25.27.103. Payments to agency. An obligor shall [MAY] make child 18 support payments to the agency if the agency is enforcing a duty of child support 19 under AS 25.25 or AS 25.27. [AN OBLIGOR MAY PAY MONEY TO THE 20 AGENCY TO SATISFY THE OBLIGOR'S IMMEDIATE DUTY OF CHILD 21 SUPPORT AS WELL AS ANY ADDITIONAL AMOUNT OF MONEY INTENDED 22 BY THE OBLIGOR TO BE USED FOR SUPPORT OF THE CHILD.] The agency 23 shall disburse that portion of a payment that exceeds the amount of money necessary 24 to satisfy the obligor's immediate duty of support in accordance with state and federal 25 requirements [THE INSTRUCTIONS OF THE OBLIGOR]. The agency shall credit 26 money disbursed under this subsection toward satisfaction of the obligor's duty of 27 support. 28 * Sec. 94. AS 25.27.105 is amended to read: 29 Sec. 25.27.105. Audit of collections. Within 30 working days after receipt 30 of a written request from an obligor, the obligor's legal representative, the obligee, or 31 the obligee's legal representative, the agency shall provide an audit of all child support
01 payments made by the obligor and received by the agency. The audit shall include the 02 date and amount of each payment, the name of the obligee, and the total amount of 03 arrearages of support past due and amount of unpaid penalties and interest imposed 04 under AS 25.27.020(a)(2)(B) [AS 25.27.020(a)(2)(C)]. The agency is required to 05 provide only one audit each year for each obligee and obligor under this section. 06 * Sec. 95. AS 25.27.120(c) is amended to read: 07 (c) Within 30 days after the agency knows the identity and address of an 08 obligor who resides in the state and who is liable to the state under this section, the 09 agency shall send written notification by certified mail to the obligor and the obligee 10 [PARENT] of the obligor's accruing liability and that the obligor shall make child 11 support payments to the agency. The notice required under this subsection must be 12 in clear, concise, and easily readable language. The notice may accompany other 13 communications by the agency. 14 * Sec. 96. AS 25.27.150(a) is amended to read: 15 (a) If an arrearage occurs under [IN ORDER TO INITIATE INCOME 16 WITHHOLDING FOR] a support order being enforced by the agency for which 17 immediate income withholding is not required under AS 25.27.062(a) or an 18 application is made to the agency for withholding under AS 25.27.062(d), the 19 agency may execute an income withholding order without prior notice to the 20 obligor. At the time of execution, the agency shall serve a notice of [ITS INTENT 21 TO INITIATE] income withholding on the obligor. Notice under this subsection shall 22 be served upon the obligor by certified mail to the obligor's last known address, and 23 service is complete when the notice is properly addressed, certified, and mailed. 24 * Sec. 97. AS 25.27.150(c) is amended to read: 25 (c) The notice shall inform the obligor that [THE] income withholding has 26 been ordered and of the procedures to follow if the obligor wishes to contest 27 withholding on the grounds that the withholding is improper due to a mistake of 28 fact. The notice must also inform the obligor of the information that was 29 provided to the employer in the document that ordered the withholding [ORDER 30 WILL TAKE EFFECT 15 DAYS AFTER THE DATE ON WHICH THE NOTICE IS 31 SERVED UNLESS THE OBLIGOR REQUESTS A HEARING WITHIN 15 DAYS
01 AFTER THE NOTICE IS SERVED. IF THE OBLIGOR REQUESTS A HEARING, 02 AN INCOME WITHHOLDING ORDER MAY NOT TAKE EFFECT UNTIL THE 03 CONCLUSION OF THE HEARING]. 04 * Sec. 98. AS 25.27.150(e) is amended to read: 05 (e) The conference [APPEALS] officer shall inform the obligor of the 06 informal conference decision [,] either at the informal conference hearing or within 07 15 days after the hearing [, WHETHER OR NOT THE WITHHOLDING WILL 08 OCCUR AND OF THE DATE ON WHICH IT IS TO COMMENCE]. 09 * Sec. 99. AS 25.27.150(f) is amended to read: 10 (f) If the conference [APPEALS] officer determines that withholding will 11 continue [OCCUR], the obligor may request a formal hearing [,] as provided in the 12 department's regulations. [THE INCOME WITHHOLDING ORDER SHALL BE 13 ISSUED AND WITHHOLDING SHALL BEGIN UNDER THE PROCEDURES IN 14 AS 25.27.062, WHETHER OR NOT THE OBLIGOR REQUESTS A FORMAL 15 HEARING, UNLESS THE OBLIGOR POSTS SECURITY OR A BOND IN THE 16 AMOUNT THAT WOULD HAVE BEEN WITHHELD PENDING THE OUTCOME 17 OF A FORMAL HEARING.] 18 * Sec. 100. AS 25.27.160(b) is amended to read: 19 (b) The notice and finding of financial responsibility served under (a) of this 20 section must state 21 (1) the sum or periodic payments for which the alleged obligor is found 22 to be responsible under this chapter [, CALCULATED BY TAKING INTO 23 CONSIDERATION THE NEED OF THE ALLEGED OBLIGEE, THE ALLEGED 24 OBLIGOR'S LIABILITY TO THE STATE UNDER AS 25.27.120 IF ANY, AND 25 THE DUTY OF SUPPORT UNDER THE LAW]; 26 (2) the name of the alleged obligee and the obligee's custodian; 27 (3) that the alleged obligor may appear and show cause in a hearing 28 held by the agency why the finding is incorrect, should not be finally ordered, and 29 should be modified or rescinded, because 30 (A) no duty of support is owed; or 31 (B) the amount of support found to be owed is incorrect;
01 (4) that, if the person served with the notice and finding of financial 02 responsibility does not request a hearing within 30 days, the property and income of 03 the person will be subject to execution under AS 25.27.062 and 25.27.230 - 25.27.270 04 in the amounts stated in the finding without further notice or hearing. 05 * Sec. 101. AS 25.27.165(a) is amended to read: 06 (a) Upon application from a mother, custodian, putative father, or legal 07 custodian of a child, or from a state, the agency may institute administrative 08 proceedings to determine the paternity of a child born out of wedlock. 09 * Sec. 102. AS 25.27.165(b) is amended to read: 10 (b) In order to initiate a paternity proceeding administratively, the agency shall 11 serve a mother and putative father, as appropriate, with a notice of paternity and 12 financial responsibility. The notice shall be served personally as set out in Rule 4(d), 13 Alaska Rules [RULE] of Civil Procedure, [4(d)] or by registered, certified, or insured 14 mail, return receipt requested, for restricted delivery only to the person to whom the 15 notice is directed or to the person authorized under federal law to receive that person's 16 restricted delivery mail. The notice must be accompanied by 17 (1) an administrative order requiring that the mother, child, and putative 18 father submit to genetic testing to be arranged by the agency and stating that a party 19 may provide information to show good cause not to order the testing; 20 (2) an administrative order requiring the putative father to provide 21 financial information, as defined by the agency in regulation, within 20 days after 22 service of the notice; all financial information provided to the agency under an order 23 under this paragraph shall be held confidential by the agency, according to any 24 applicable regulations; and 25 (3) a notice of right to informal conference, to be held within 20 days 26 after receipt of an admission of paternity or service upon the parties of genetic test 27 results. 28 * Sec. 103. AS 25.27.165(d) is amended to read: 29 (d) Upon receipt of genetic test results, the agency shall serve on the putative 30 father notice of the test results and of the date for the informal conference. Service 31 of the notice shall be made by first class mail. If the genetic test results are negative
01 under the standard set in AS 25.20.050(d), the agency shall issue a finding of 02 nonpaternity within 20 days after the agency's receipt of the test results. If the genetic 03 test results are positive under the standard set in AS 25.20.050(d), the agency shall 04 issue an informal conference decision within 20 days after the agency's receipt of the 05 test results. Upon request and advance payment by a party, the agency shall order 06 additional genetic tests. If the second genetic test results contradict the first 07 genetic test results, the agency shall provide copies of the second genetic test 08 results to the parties and conduct another informal conference. The agency shall 09 issue the second informal conference decision within 20 days after the agency's 10 receipt of the second genetic test results. 11 * Sec. 104. AS 25.27.165(i), as amended by sec. 21, ch. 107, SLA 1996, is amended to 12 read: 13 (i) The agency may recover any costs it pays for genetic tests required by this 14 section from the putative father unless the testing establishes that the individual 15 is not the father, except that costs may not be recovered from a person who is a 16 recipient of assistance under AS 47.27 (Alaska temporary assistance program). 17 * Sec. 105. AS 25.27.165 is amended by adding new subsections to read: 18 (j) A decision establishing paternity or an admission of paternity under this 19 section must include the social security numbers, if ascertainable, of the father, mother, 20 and the child. 21 (k) Notwithstanding any other provision of this section, if the agency 22 determines, after considering the best interests of the child, that good cause exists not 23 to order genetic testing under this section, it shall, without ordering the genetic testing 24 and as the agency determines appropriate in the best interests of the child, 25 (1) end the administrative proceedings under this section without 26 making a determination of paternity; or 27 (2) after a hearing provided for under regulations adopted by the 28 agency, enter a final decision regarding paternity. 29 * Sec. 106. AS 25.27.166(a) is amended to read: 30 (a) The agency shall, by regulation, establish procedures and standards for the 31 disestablishment of paternity of a child whose paternity was established in this state
01 other than by court order if the paternity was not established by 02 (1) genetic test results that met the standard set out in AS 25.20.050(d) 03 at the time the test was performed; or 04 (2) an acknowledgment of paternity under AS 25.20.050 or an 05 admission of paternity under AS 25.27.165. 06 * Sec. 107. AS 25.27.190(a) is amended to read: 07 (a) Unless a support order has been entered by a court and except as 08 provided in AS 25.25, the obligor, or the obligee or the obligee's custodian, may 09 petition the agency or its designee for a modification of the administrative finding or 10 decision of responsibility previously entered with regard to future periodic support 11 payments. In addition, the agency may initiate a modification and grant a hearing 12 under (c) - (e) of this section. 13 * Sec. 108. AS 25.27.190(c) is amended to read: 14 (c) If a hearing is granted, the agency shall serve a notice of hearing together 15 with a copy of any [THE] petition and affidavits submitted on the obligee or the 16 obligee's custodian and the obligor personally or by registered, certified, or insured 17 mail, return receipt requested, for restricted delivery only to the person to whom the 18 notice is directed or to the person authorized under federal regulation to receive that 19 person's restricted delivery mail. 20 * Sec. 109. AS 25.27 is amended by adding a new section to read: 21 Sec. 25.27.193. Periodic review or adjustment of support orders. As 22 necessary to comply with 42 U.S.C. 666, the agency, by regulation, shall provide 23 procedures and standards for the modification, through periodic review or adjustment, 24 of a support order. Regulations adopted under this section must include procedures 25 for periodic notice of the right to request review, procedures for hearings, and 26 standards for adjustments regarding future periodic support payments. A modification 27 under this section may be made without a showing of a material change in 28 circumstances. 29 * Sec. 110. AS 25.27.200 is amended to read: 30 Sec. 25.27.200. Use of standards in administrative determinations of 31 support amounts. In making its findings under AS 25.27.160 and in establishing and
01 modifying amounts of periodic support payments under AS 25.27.180 and 25.27.190, 02 the agency shall apply the standards and guidelines set by the Alaska Supreme 03 Court in court rules, as amended from time to time [CONSIDER THE 04 STANDARDS ADOPTED BY REGULATION UNDER AS 25.27.020 AND ANY 05 STANDARDS FOR DETERMINATION OF SUPPORT PAYMENTS USED BY THE 06 SUPERIOR COURT OF THE DISTRICT OF RESIDENCE OF THE OBLIGOR]. 07 * Sec. 111. AS 25.27.230(a) is amended to read: 08 (a) At the expiration of 30 days after (1) the date of distribution of an income 09 withholding order under AS 25.27.062; [,] (2) the date of service of a notice and 10 finding of financial responsibility under AS 25.27.160; [,] or (3) the date of service of 11 a decision establishing paternity under AS 25.27.165 [AS 25.27.165(c) OR (d)], the 12 agency may assert a lien upon the real or personal property of the obligor [,] in the 13 amount of the obligor's liability. 14 * Sec. 112. AS 25.27.230 is amended by adding new subsections to read: 15 (e) A lien arising under the child support laws of another state shall be given 16 full faith and credit in this state and may be asserted in this state upon the real or 17 personal property of the obligor, in the amount of the obligor's liability, by complying 18 with the requirements of this section. 19 (f) A lien recorded under this section is a judgment lien and may be enforced 20 by execution under AS 09.35 in the full amount of the obligor's liability at the time 21 of execution. 22 * Sec. 113. AS 25.27.240(a) is amended to read: 23 (a) The agency of this state or another state, or a person seeking to enforce 24 a child support obligation, may, at any time after recording of a lien recorded under 25 AS 25.27.230, serve a copy of the lien upon any person, political subdivision, or 26 department of the state possessing earnings, or deposits or balances held in any bank 27 account of any nature that are due, owing, or belonging to the obligor. 28 * Sec. 114. AS 25.27.244(a) is amended to read: 29 (a) The agency shall compile and maintain a list of obligors who are not in 30 substantial compliance with a support order or payment schedule negotiated under 31 (g)(1) of this section and of other persons who, after receiving appropriate notice,
01 have failed to comply 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 the 03 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 [OBLIGORS]. The list shall be updated by the 07 agency on a monthly basis. 08 * Sec. 115. AS 25.27.244(c) is amended to read: 09 (c) Promptly after receiving an application from an applicant and before 10 issuing or renewing a license, a licensing entity, other than one issuing recreational 11 fishing or recreational hunting licenses or commercial crewmember fishing 12 licenses, shall determine whether the applicant is on the most recent list provided by 13 the agency. If the applicant is on the list, the licensing entity shall immediately serve 14 notice under (e) of this section of the licensing entity's intent to withhold issuance or 15 renewal of the license. The notice shall be considered given when delivered personally 16 to the applicant or deposited in the United States mail addressed to the applicant's last 17 known mailing address on file with the licensing entity. 18 * Sec. 116. AS 25.27.244(d) is amended to read: 19 (d) Other than for a recreational fishing or recreational hunting license, 20 or a commercial crewmember fishing license, a [A] licensing entity shall issue a 21 temporary license valid for a period of 150 days to an applicant whose name is on the 22 list if the applicant is otherwise eligible for a license. The temporary license may not 23 be extended. Only one temporary license may be issued during a regular license term 24 and its validity shall coincide with the first 150 days of that license term. A license 25 for the full or remainder of the license term may be issued or renewed only upon 26 compliance with this section. An applicant for a recreational fishing or 27 recreational hunting license is not entitled to receive a temporary license under 28 this section. If a license or application is denied under this section, money paid by 29 the applicant or licensee shall be refunded by the licensing entity after retention of the 30 temporary license fee, if any. 31 * Sec. 117. AS 25.27.244(e) is amended to read:
01 (e) Notices for use under (c), (s), and (t) of this section shall be developed by 02 each licensing entity under guidelines provided by the agency and are subject to 03 approval by the agency. The notice must include the address and telephone number 04 of the agency and shall emphasize the necessity of obtaining a release from the agency 05 as a condition for the issuance or renewal of a license. Except for notices issued 06 under (s) and (t) of this section regarding recreational fishing or recreational 07 hunting licenses, the [THE] notice must inform an applicant whose license is 08 governed by (d) of this section that the licensing entity shall issue a temporary license 09 for 150 calendar days under (d) of this section if the applicant is otherwise eligible and 10 that, upon expiration of that time period, the license will be denied unless the licensing 11 entity has received a release from the agency. The agency shall also develop a form 12 that the applicant may use to request a review by the agency. A copy of this form 13 shall be included with each notice sent under (c), (s), or (t) of this section. 14 * Sec. 118. AS 25.27.244(g) is amended to read: 15 (g) If the applicant wishes to challenge being included on the list, the applicant 16 shall submit to the agency a written request for review within 30 days after receiving 17 the notice under (c), (s), or (t) of this section by using the form developed under (e) 18 of this section. Within 30 days after receiving a written request for review, the agency 19 shall inform the applicant in writing of the agency's findings. The agency shall 20 immediately send a release to the appropriate licensing entity and the applicant if any 21 of the following conditions is met: 22 (1) the applicant is found to be in substantial compliance with each 23 support order applicable to the applicant or has negotiated an agreement with the 24 agency for a payment schedule on arrearages and is in substantial compliance with the 25 negotiated agreement; if the applicant fails to be in substantial compliance with an 26 agreement negotiated under this paragraph, the agency shall send to the appropriate 27 licensing entity a revocation of any release previously sent to the entity for that 28 applicant; 29 (2) the applicant is found by the agency to have complied with a 30 subpoena or warrant described in (a) of this section; 31 (3) the applicant has submitted a timely request for review to the
01 agency, but the agency will be unable to complete the review and send notice of 02 findings to the applicant in sufficient time for the applicant to file a timely request for 03 judicial relief within the 150-day period during which the applicant's temporary license 04 is valid under (d) of this section; this paragraph applies only if the delay in completing 05 the review process is not the result of the applicant's failure to act in a reasonable, 06 timely, and diligent manner upon receiving notice from the licensing entity that the 07 applicant's name is on the list; 08 (4) [(3)] the applicant has, within 30 days after receiving the agency's 09 findings following a request for review under (3) [(2)] of this subsection, filed and 10 served a request for judicial relief under this section, but a resolution of that relief will 11 not be made within the 150-day period of the temporary license under (d) of this 12 section; this paragraph applies only if the delay in completing the judicial relief 13 process is not the result of the applicant's failure to act in a reasonable, timely, and 14 diligent manner upon receiving the agency's notice of findings; or 15 (5) [(4)] the applicant has obtained a judicial finding of substantial 16 compliance. 17 * Sec. 119. AS 25.27.244(i) is amended to read: 18 (i) Except as otherwise provided in this section, the agency may not issue a 19 release if the applicant is not in substantial compliance with the order for support or 20 [IS NOT IN SUBSTANTIAL COMPLIANCE] with an agreement negotiated under 21 (g)(1) of this section, or is not in compliance with a subpoena or warrant described 22 in (a) of this section. The agency shall notify the applicant in writing that the 23 applicant may request any or all of the following: (1) judicial relief from the agency's 24 decision not to issue a release or the agency's decision to revoke a release under (g)(1) 25 or (2) of this section; (2) a judicial determination of substantial compliance; (3) a 26 modification of the support order. The notice must also contain the name and address 27 of the court in which the applicant may file the request for relief and inform the 28 applicant that the applicant's name shall remain on the list if the applicant does not 29 request judicial relief within 30 days after receiving the notice. The applicant shall 30 comply with all statutes and rules of court implementing this section. This section 31 does not limit an applicant's authority under other law to request an order to show
01 cause or notice of motion to modify a support order or to fix a payment schedule on 02 arrearages accruing under a support order or to obtain a court finding of substantial 03 compliance with a support order or a court finding of compliance with a subpoena 04 or warrant described in (a) of this section. 05 * Sec. 120. AS 25.27.244(j) is amended to read: 06 (j) A request for judicial relief from the agency's decision must state the 07 grounds on which relief is requested, and the judicial action shall be limited to those 08 stated grounds. Judicial relief under this subsection is not an appeal [,] and shall be 09 governed by court rules adopted to implement this section. Unless otherwise provided 10 by court rule, the court shall hold an evidentiary hearing within 20 calendar days after 11 the filing of service on the opposing party. The court's decision shall be limited to a 12 determination of each of the following issues, as applicable: 13 (1) whether there is a support order or a payment schedule on 14 arrearages; 15 (2) whether the petitioner is the obligor covered by the support order; 16 [AND] 17 (3) whether the obligor is in substantial compliance with the support 18 order or payment schedule; and 19 (4) whether the person requesting relief complied with a subpoena 20 or warrant relating to paternity or a child support proceeding. 21 * Sec. 121. AS 25.27.244(k) is amended to read: 22 (k) If the court finds that the person requesting relief [OBLIGOR] is in 23 substantial compliance with the support order or payment schedule, or is in 24 compliance with a subpoena or warrant described in (a) of this section, the agency 25 shall immediately send a release under (g) of this section to the appropriate licensing 26 entity and the applicant. 27 * Sec. 122. AS 25.27.244(l) is amended to read: 28 (l) If an applicant [WHEN THE OBLIGOR] is in substantial compliance with 29 a support order or payment schedule, or is in compliance with a subpoena or 30 warrant described in (a) of this section, the agency shall mail to the applicant and 31 the appropriate licensing entity a release stating that the applicant is in substantial
01 compliance or is in compliance with the subpoena or warrant, as applicable. The 02 receipt of a release shall serve to notify the applicant and the licensing entity that, for 03 the purposes of this section, the applicant is in substantial compliance with the support 04 order or payment schedule, or is in compliance with the subpoena or warrant, 05 unless the agency, under (a) of this section, certifies subsequent to the issuance of a 06 release that the applicant is once again not in substantial compliance with a support 07 order or payment schedule, or is not in compliance with a subpoena or warrant. 08 * Sec. 123. AS 25.27.244(q)(2) is amended to read: 09 (2) "license" 10 (A) means, except as provided in (B) of this paragraph, a 11 recreational fishing or recreational hunting license, or a license, certificate, 12 permit, registration, or other authorization that, at the time of issuance, will be 13 valid for more than 150 days and that may be acquired from a state agency to 14 perform an occupation, including the following: 15 (i) license relating to boxing or wrestling under 16 AS 05.10; 17 (ii) authorization to perform an occupation regulated 18 under AS 08; 19 (iii) teacher certificate under AS 14.20; 20 (iv) authorization under AS 18.08 to perform emergency 21 medical services; 22 (v) asbestos worker certification under AS 18.31; 23 (vi) boiler operator's license under AS 18.60.395; 24 (vii) certificate of fitness under AS 18.62; 25 (viii) hazardous painting certification under AS 18.63; 26 (ix) security guard license under AS 18.65.400 - 27 18.65.490; 28 (x) license relating to insurance under AS 21.27; 29 (xi) employment agency permit under AS 23.15.330 - 30 23.15.520; 31 (xii) registration as a broker-dealer, agent, or investment
01 adviser under AS 45.55.030; 02 (xiii) certification as a pesticide applicator under 03 AS 46.03.320; 04 (xiv) certification as a storage tank worker or contractor 05 under AS 46.03.375; [AND] 06 (xv) certification as a water and wastewater works 07 operator under AS 46.30; and 08 (xvi) commercial crewmember fishing license under 09 AS 16.05.480 other than an entry permit or interim-use permit 10 under AS 16.43; 11 (B) does not include 12 (i) [A COMMERCIAL FISHING LICENSE UNDER 13 AS 16.05.480, INCLUDING A CREWMEMBER FISHING LICENSE; 14 (ii)] a vessel license issued under AS 16.05.490 or 15 16.05.530; 16 (ii) [(iii)] a license issued under AS 47.35; 17 (iii) [(iv)] a business license issued under AS 43.70; 18 (iv) [(v)] an entry permit or interim-use permit issued 19 under AS 16.43; or 20 (v) [(vi)] a driver's license issued under AS 28.15; 21 * Sec. 124. AS 25.27.244(q)(5) is amended to read: 22 (5) "list" means the list of obligors and other persons compiled and 23 maintained under (a) of this section; 24 * Sec. 125. AS 25.27.244(q)(6) is amended to read: 25 (6) "substantial compliance" regarding [WITH] a support order or 26 payment schedule ["] means that, with respect to a support order or a negotiated 27 payment schedule under (g) of this section, whichever is applicable, the obligor either 28 has no arrearage or has an arrearage in an amount that is not more than four times the 29 monthly obligation under the support order or payment schedule. 30 * Sec. 126. AS 25.27.244(q) is amended by adding new paragraphs to read: 31 (7) "recreational fishing" has the meaning given the term "sport fishing"
01 in AS 16.05.940; 02 (8) "recreational fishing license" means a sport fishing license under 03 AS 16.05.340; 04 (9) "recreational hunting" does not include subsistence hunting as 05 defined in AS 16.05.940, or the taking, hunting for, or possession of game under 06 AS 16.05 - AS 16.40, and regulations adopted under those statutes, for personal 07 consumption; 08 (10) "recreational hunting license" means a hunting license under 09 AS 16.05.340 and includes a big game hunt drawing permit under AS 16.05. 10 * Sec. 127. AS 25.27.244 is amended by adding new subsections to read: 11 (r) Notwithstanding any provision of AS 16, a commercial crewmember fishing 12 license described in (q)(2)(A)(xvi) of this section issued to an individual whose name 13 is on the list is void and invalid, and the individual is subject to criminal sanctions for 14 conducting the activities for which such a license is required. Notwithstanding any 15 provision of AS 16, a recreational fishing or recreational hunting license issued to an 16 individual whose name is on the list is void and invalid for recreational fishing or 17 recreational hunting, and the individual is subject to criminal sanctions for conducting 18 the recreational fishing or recreational hunting activities for which a license is required. 19 Nothing in this subsection prohibits an individual from using a recreational fishing or 20 recreational hunting license to participate in nonrecreational fishing or hunting 21 activities, including subsistence fishing or hunting activities and personal use fishing 22 activities. The licensing entity for fishing and hunting licenses shall print a notice on 23 fishing and hunting license forms, including commercial crewmember fishing license 24 forms, clearly stating the provisions of this subsection. 25 (s) After receiving information, including information from a licensing agent 26 appointed under AS 16.05.380, that a recreational fishing license, a recreational 27 hunting license other than a big game hunt drawing permit, or a commercial 28 crewmember fishing license has been issued to an applicant, the licensing entity for 29 the license shall promptly determine whether the applicant was, at the time the 30 applicant obtained the license, on the most recent list provided by the agency under 31 (b) of this section. If the applicant was on that list, the licensing entity shall
01 immediately serve notice under (e) of this section that (1) for a recreational fishing or 02 recreational hunting license, the license issued is void and invalid except for use for 03 nonrecreational fishing or hunting, including subsistence fishing or hunting and 04 personal use fishing, as applicable; or (2) for a commercial crewmember fishing 05 license, the license is void and invalid and that, notwithstanding the limitation of (d) 06 of this section, the applicant can request the licensing entity to issue a temporary 07 license under this section. A notice under this subsection is considered given when 08 delivered personally to the applicant or deposited in the United States mail addressed 09 to the applicant's last known mailing address on file with the licensing entity. 10 (t) Upon selection of successful applicants for a permit to take big game in a 11 drawing hunt, the licensing entity shall promptly determine whether any of the 12 successful applicants are on the most recent list provided by the agency under (b) of 13 this section. If an applicant is on that list, the licensing entity shall immediately deny 14 issuance of the permit to that applicant and give notice of the denial to the applicant 15 under (e) of this section. The notice is considered given when delivered personally to 16 the applicant or deposited in the United States mail addressed to the applicant's last 17 known mailing address on file with the licensing entity. 18 * Sec. 128. AS 25.27.246(a) is amended to read: 19 (a) The agency shall compile and maintain a list of obligors who have a 20 driver's license and are not in substantial compliance with a support order or payment 21 schedule negotiated under (f)(1) of this section and of other persons who, after 22 receiving appropriate notice, have failed to comply with a subpoena or warrant 23 relating to paternity or a child support proceeding. The agency may not include 24 an obligor on the list unless the agency has sent to the obligor, at the obligor's most 25 recent address on file with the agency, written notice of the arrearages at least 60 days 26 before placement on the list. The list must include the names, social security numbers, 27 dates of birth, and last known addresses of the persons [OBLIGORS]. The list shall 28 be updated by the agency on a monthly basis. 29 * Sec. 129. AS 25.27.246(b) is amended to read: 30 (b) The agency shall serve notice under (d) of this section to each person on 31 the list that the person's driver's license will be suspended in 150 days, and will not
01 be reissued or renewed the next time it is applied for if the person's name is on the 02 list at the time of the subsequent application, unless the licensee receives a release 03 from the agency. The notice shall be considered given when delivered personally to 04 the person [OBLIGOR] or deposited in the United States mail addressed to the 05 person's [OBLIGOR'S] last known mailing address on file with the agency. 06 * Sec. 130. AS 25.27.246(f) is amended to read: 07 (f) If a licensee wishes to challenge being included on the list, the licensee 08 shall submit to the agency a written request for review within 30 days after the notice 09 under (b) of this section was personally delivered or postmarked by using the form 10 developed under (d) of this section. Within 30 days after receiving a written request 11 for review, the agency shall inform the licensee in writing of the agency's findings. 12 The agency shall immediately send a release to the department and the licensee if any 13 of the following conditions is met: 14 (1) the licensee is found to be in substantial compliance with each 15 support order applicable to the licensee or has negotiated an agreement with the agency 16 for a payment schedule on arrearages and is in substantial compliance with the 17 negotiated agreement; if the licensee fails to be in substantial compliance with an 18 agreement negotiated under this paragraph, the agency shall send to the department a 19 revocation of any release previously sent to the entity for that licensee; 20 (2) the licensee is found by the agency to have complied with a 21 subpoena or warrant described in (a) of this section; 22 (3) the licensee has submitted a timely request for review to the 23 agency, but the agency will be unable to complete the review and send notice of 24 findings to the licensee in sufficient time for the licensee to file a timely request for 25 judicial relief within the 150-day period before the licensee's license will be suspended 26 under (c) of this section; this paragraph applies only if the delay in completing the 27 review process is not the result of the licensee's failure to act in a reasonable, timely, 28 and diligent manner upon receiving notice from the agency that the licensee's driver's 29 license will be suspended in 150 days; 30 (4) [(3)] the licensee has, within 30 days after receiving the agency's 31 findings following a request for review under (3) [(2)] of this subsection, filed and
01 served a request for judicial relief under this section, but a resolution of that relief will 02 not be made within the 150-day period before license suspension under (c) of this 03 section; this paragraph applies only if the delay in completing the judicial relief 04 process is not the result of the licensee's failure to act in a reasonable, timely, and 05 diligent manner upon receiving the agency's notice of findings; or 06 (5) [(4)] the licensee has obtained a judicial finding of substantial 07 compliance. 08 * Sec. 131. AS 25.27.246(h) is amended to read: 09 (h) Except as otherwise provided in this section, the agency may not issue a 10 release if the licensee [APPLICANT] is not in substantial compliance with the order 11 for support or [IS NOT IN SUBSTANTIAL COMPLIANCE] with an agreement 12 negotiated under (f)(1) of this section, or is not in compliance with a subpoena or 13 warrant described in (a) of this section. The agency shall notify the licensee in 14 writing that the licensee may request any or all of the following: (1) judicial relief 15 from the agency's decision not to issue a release or the agency's decision to revoke 16 a release under (f)(1) or (2) of this section; (2) a judicial determination of substantial 17 compliance; (3) a modification of the support order. The notice must also contain the 18 name and address of the court in which the licensee may file the request for relief and 19 inform the licensee that the licensee's name shall remain on the list if the licensee does 20 not request judicial relief within 30 days after receiving the notice. The licensee shall 21 comply with all statutes and rules of court implementing this section. This section 22 does not limit a licensee's authority under other law to request an order to show cause 23 or notice of motion to modify a support order or to fix a payment schedule on 24 arrearages accruing under a support order or to obtain a court finding of substantial 25 compliance with a support order or a court finding of compliance with a subpoena 26 or warrant described in (a) of this section. 27 * Sec. 132. AS 25.27.246(i) is amended to read: 28 (i) A request for judicial relief from the agency's decision must state the 29 grounds on which relief is requested, and the judicial action shall be limited to those 30 stated grounds. Judicial relief under this subsection is not an appeal and shall be 31 governed by court rules adopted to implement this section. Unless otherwise provided
01 by court rule, the court shall hold an evidentiary hearing within 20 calendar days after 02 the filing of service on the opposing party. The court's decision shall be limited to a 03 determination of each of the following issues, as applicable: 04 (1) whether there is a support order or a payment schedule on 05 arrearages; 06 (2) whether the petitioner is the obligor covered by the support order; 07 [AND] 08 (3) whether the obligor is in substantial compliance with the support 09 order or payment schedule; and 10 (4) whether the person requesting relief complied with a subpoena 11 or warrant relating to paternity or a child support proceeding. 12 * Sec. 133. AS 25.27.246(j) is amended to read: 13 (j) If the court finds that the person requesting relief [OBLIGOR] is in 14 substantial compliance with the support order or payment schedule, or is in 15 compliance with a subpoena or warrant described in (a) of this section, the agency 16 shall immediately send a release under (f) of this section to the department and the 17 licensee. 18 * Sec. 134. AS 25.27.246(k) is amended to read: 19 (k) If a licensee [WHEN THE OBLIGOR] is in substantial compliance with 20 a support order or payment schedule, or is in compliance with a subpoena or 21 warrant described in (a) of this section, the agency shall mail to the licensee 22 [APPLICANT] and the department a release stating that the licensee is in substantial 23 compliance or is in compliance with the subpoena or warrant, as applicable. The 24 receipt of a release shall serve to notify the licensee and the department that, for the 25 purposes of this section, the licensee [APPLICANT] is in substantial compliance with 26 the support order or payment schedule, or is in compliance with the subpoena or 27 warrant, unless the agency, under (a) of this section, certifies subsequent to the 28 issuance of a release that the licensee is once again not in substantial compliance with 29 a support order or payment schedule, or is not in compliance with a subpoena or 30 warrant. 31 * Sec. 135. AS 25.27.246(n)(4) is amended to read:
01 (4) "list" means the list of obligors and other persons compiled and 02 maintained under (a) of this section; 03 * Sec. 136. AS 25.27.246(n)(5) is amended to read: 04 (5) "substantial compliance" regarding [WITH] a support order or 05 payment schedule ["] means that, with respect to a support order or a negotiated 06 payment schedule under (f) of this section, whichever is applicable, the obligor either 07 has no arrearage or has an arrearage in an amount that is not more than four times the 08 monthly obligation under the support order or payment schedule. 09 * Sec. 137. AS 25.27.250(a) is amended to read: 10 (a) At the expiration of (1) [15 DAYS AFTER THE DATE OF SERVICE OF 11 AN INCOME WITHHOLDING ORDER UNDER AS 25.27.062 OR NOTICE UNDER 12 AS 25.27.150, OR (2)] 30 days after the date of service of a notice and finding of 13 financial responsibility under AS 25.27.160; [,] or (2) [(3)] 30 days after service of a 14 decision establishing paternity under AS 25.27.165 [AS 25.27.165(c) OR (d)], the 15 agency may issue to any person, political subdivision, or department of the state an 16 order to withhold and deliver property without prior notice to the obligor. 17 * Sec. 138. AS 25.27.250(d) is amended to read: 18 (d) The order to withhold and deliver shall be served upon the person, political 19 subdivision, or department of the state possessing the property electronically or by 20 first class mail [IN THE MANNER PROVIDED FOR SERVICE OF LIENS UNDER 21 AS 25.27.240]. The order must state the amount of the obligor's liability and must 22 state in summary the terms of AS 25.27.260 and 25.27.270. 23 * Sec. 139. AS 25.27.250(e) is amended to read: 24 (e) Any person, political subdivision, or department of the state served with 25 an order to withhold and deliver is required to make true answers to inquiries 26 contained in the order under oath and in writing within seven business [14] days after 27 service of the order, and is further required to answer all inquiries subsequently put. 28 * Sec. 140. AS 25.27.250(f) is amended to read: 29 (f) If a person, political subdivision, or department of the state upon whom 30 service of an order to withhold and deliver has been made possesses property due, 31 owing, or belonging to the obligor, that person, subdivision, or department shall
01 withhold the property immediately upon receipt of the order and shall deliver the 02 property to the agency (1) if the property is earnings of an employee who is subject 03 to a child support order being enforced by the agency, within seven business days 04 after the amount would, but for this section, have been paid or credited to the 05 employee; or (2) in the case of all other property, within 14 business days after 06 [THE EXPIRATION OF THE 14-DAY PERIOD FROM] the date of service of the 07 order [OR EXPIRATION OF THE PERIOD SPECIFIED IN AS 25.27.062(e), 08 WHICHEVER IS EARLIER]. The agency shall hold property delivered under this 09 subsection in trust for application against the liability of the obligor under 10 AS 25.27.062, 25.27.120, or 25.27.160 or for return, without interest, depending on 11 final determination of liability or nonliability under this chapter. The agency may 12 accept a good and sufficient bond to secure payment of past, present, and future 13 support conditioned upon final determination of liability in lieu of requiring delivery 14 of property under this subsection. 15 * Sec. 141. AS 25.27.265(b) is repealed and reenacted to read: 16 (b) Each party to a paternity or child support proceeding shall file with the 17 court and inform the agency of the party's name, location, social security number, 18 residential and mailing addresses, telephone number, and driver's license number, as 19 well as the name, address, and telephone number of any employer of the party. If a 20 change in this information occurs, the party shall immediately notify the court and the 21 agency and provide updated information. 22 * Sec. 142. AS 25.27.265 is amended by adding a new subsection to read: 23 (c) Notwithstanding (a) of this section, if a tribunal finds that the agency has 24 made diligent efforts to give or serve a notice, paper, or other document required by 25 this chapter, the tribunal may order that service may be given upon the party by 26 sending the document by first class mail to the party's most recent mailing address on 27 file with the agency. 28 * Sec. 143. AS 25.27.273(a) is amended to read: 29 (a) The agency may provide to credit bureaus or lending institutions of any 30 kind information about delinquent support owed by obligors. The information 31 provided must consist solely of the payment history of the obligor [FOR A PERIOD
01 NOT TO EXCEED 10 YEARS BEFORE THE DATE THE INFORMATION IS 02 PROVIDED]. 03 * Sec. 144. AS 25.27.275 is repealed and reenacted to read: 04 Sec. 25.27.275. Nondisclosure of information in exceptional circumstances. 05 Upon a finding, which may be made ex parte, that the health, safety, or liberty of a 06 party or child would be unreasonably put at risk by the disclosure of identifying 07 information, or if an existing order so provides, a tribunal shall order that the address 08 of the party or child or other identifying information not be disclosed in a pleading or 09 other document filed in a proceeding under this chapter. 10 * Sec. 145. AS 25.27 is amended by adding a new section to read: 11 Sec. 25.27.279. Voiding of fraudulent transfers made to avoid payment of 12 child support. In addition to the rights provided in AS 09.25.060, if a transfer of 13 personal or real property is made by an obligor without immediate delivery and the 14 actual continuing change of possession of the property transferred, the transfer of the 15 property is presumed prima facie to be fraud against creditors for child support of the 16 obligor who transferred the property and subsequent purchasers in good faith and for 17 valuable consideration during the time the property remains in the possession of the 18 obligor who made the transfer, except that retention of possession in good faith and 19 current course of trade by a merchant seller for a commercially reasonable time after 20 the sale or identification is not fraudulent. Nothing contained in this section 21 supersedes the provisions of AS 45.01 - AS 45.09, AS 45.12, and AS 45.14 (Uniform 22 Commercial Code). 23 * Sec. 146. AS 25.27.900(3) is amended to read: 24 (3) "duty of support" includes a duty of support imposed or imposable 25 by law, by a court order, decree, or judgment, or by a finding or decision rendered 26 under this chapter whether interlocutory or final, whether incidental to a proceeding 27 for divorce, legal separation, separate maintenance, or otherwise, and includes the duty 28 to pay arrearages of support past due and unpaid together with penalties and interest 29 on arrearages imposed under AS 25.27.020(a)(2)(B) [AS 25.27.020(a)(2)(C)]; 30 * Sec. 147. AS 25.27.900(4) is repealed and reenacted to read: 31 (4) "earnings" includes income from any form of periodic payment due
01 to an individual, regardless of source; the gain derived from the investment of capital, 02 from labor, or from a combination of investment and labor; and the interest on any of 03 this income; in this paragraph, "periodic payment" includes wages, salaries, 04 commissions, bonuses, workers' compensation, disability benefits, and payments under 05 a pension or retirement program; 06 * Sec. 148. AS 25.27.900(7) is repealed and reenacted to read: 07 (7) "support order" means any judgment, decree, or order that is issued 08 by a tribunal for the support and maintenance of a child or of a child and a parent with 09 whom the child is living; "support order" includes a judgment, decree, or order 10 (A) on behalf of a child who has reached the age of majority 11 if the judgment, decree, or order was lawfully issued; and 12 (B) for 13 (i) monetary support, including arrearages; 14 (ii) payment of health care costs or maintenance of 15 health insurance; 16 (iii) reimbursement of related costs; 17 (iv) payment of attorney fees and legal costs and other 18 fees; and 19 (v) penalty, interest, and other relief as required by a 20 tribunal. 21 * Sec. 149. AS 25.27.900 is amended by adding new paragraphs to read: 22 (8) "business day" means a day on which state offices are open for 23 regular business; 24 (9) "tribunal" means a court, administrative agency, or quasi-judicial 25 entity authorized to establish, enforce, or modify support orders or to determine 26 parentage. 27 * Sec. 150. AS 28.05.061 is amended by adding a new subsection to read: 28 (d) If a copy of a motor vehicle record prepared or maintained by the 29 Department of Administration is requested by the child support enforcement agency 30 created in AS 25.27.010, or the child support enforcement agency of another state, the 31 department shall provide the requesting agency with a certified copy of the record. If
01 information is prepared or maintained by the department in an electronic data base, the 02 department may give the requesting agency a copy of the electronic record and a 03 statement certifying its contents. The agency receiving information under this 04 subsection may use the information only for child support purposes authorized under 05 law. 06 * Sec. 151. AS 29.45.103 is amended by adding a new subsection to read: 07 (c) Upon request, a record described in (a) or (b) of this section shall promptly 08 be made available to the child support enforcement agency created in AS 25.27.010 09 or the child support enforcement agency of another state. If the record is prepared or 10 maintained in an electronic data base, it may be supplied by providing the requesting 11 agency with a copy of the electronic records and a statement certifying its contents. 12 The agency receiving information under this subsection may use the information only 13 for child support purposes authorized under law. 14 * Sec. 152. AS 33.30 is amended by adding a new section to read: 15 Sec. 33.30.216. Copies of records for child support purposes. If a copy of 16 a record prepared or maintained by or on behalf of the commissioner for a person in 17 the custody of the commissioner is requested by the child support enforcement agency 18 created in AS 25.27.010, or the child support enforcement agency of another state, the 19 official custodian of the record shall provide the requesting agency with a certified 20 copy of the record. If the record is prepared or maintained in an electronic data base, 21 the official custodian of the record may provide the requesting agency with a copy of 22 the electronic record and a statement certifying its contents. The agency receiving 23 information under this section may use the information only for child support purposes 24 authorized under law. 25 * Sec. 153. AS 43.23.055 is amended by adding a new paragraph to read: 26 (9) provide any information, upon request, contained in permanent fund 27 dividend records to the child support enforcement agency created in AS 25.27.010, or 28 the child support enforcement agency of another state, for child support purposes 29 authorized under law; if the information is contained in an electronic data base, the 30 department shall provide the requesting agency with either 31 (A) access to the data base; or
01 (B) a copy of the information in the data base and a statement 02 certifying its contents. 03 * Sec. 154. AS 47.05.020, as amended by sec. 33, ch. 107, SLA 1996, is amended by 04 adding a new subsection to read: 05 (b) In addition to any access to public assistance records authorized under (a) 06 of this section, the department shall provide a copy of a public assistance record 07 prepared or maintained by or on behalf of the department to the child support 08 enforcement agency created in AS 25.27.010, or the child support enforcement agency 09 of another state, upon the request of the respective agency. If the record is in an 10 electronic data base, the department shall provide the requesting agency with either 11 access to the data base, or a copy of the information in the data base and a statement 12 certifying its contents. The agency receiving the information under this subsection 13 may use the information only for child support purposes authorized under law. 14 * Sec. 155. AS 47.05.030, as amended by secs. 34 and 35, ch. 107, SLA 1996, is amended 15 by adding a new subsection to read: 16 (c) It is not a violation of (a) of this section for the department or an employee 17 of the department to disclose information to the child support enforcement agency 18 created in AS 25.27.010, or the child support enforcement agency of another state, if 19 the receiving agency uses the information only for purposes authorized under 20 AS 47.05.020. 21 * Sec. 156. AS 47.27.040(b), as enacted by sec. 7, ch. 107, SLA 1996, is amended to read: 22 (b) An Alaska temporary assistance program participant shall cooperate with 23 the child support enforcement agency of the Department of Revenue in establishing 24 paternity or establishing, modifying, or enforcing a child support order requiring the 25 payment of support by the noncustodial parent for a dependent child for whom Alaska 26 temporary assistance program assistance is received. The child support enforcement 27 agency shall determine whether the participant is in good faith compliance with 28 the requirements of this subsection and shall inform the Department of Health 29 and Social Services of its determination. The Department of Health and Social 30 Services shall establish whether [UNLESS] the participant has [ESTABLISHES] 31 good cause for refusing to cooperate.
01 * Sec. 157. (a) AS 18.50.165(c); AS 25.25.611(e); AS 25.27.100(b), and 25.27.250(h) are 02 repealed. 03 (b) Section 45, ch. 107, SLA 1996, and sec. 62, ch. 107, SLA 1996, are repealed. 04 * Sec. 158. The provisions of AS 25.20.050(e), as amended by sec. 39 of this Act, and 05 AS 25.20.050(i), added by sec. 42 of this Act, have the effect of amending Rule 35, Alaska 06 Rules of Civil Procedure, by requiring the court to order genetic testing in contested paternity 07 actions in certain circumstances and preventing the court from ordering such testing if good 08 cause is shown. 09 * Sec. 159. The provisions of AS 25.20.020(k), added by sec. 42 of this Act, have the 10 effect of amending Rule 90.3, Alaska Rules of Civil Procedure, by requiring the court in a 11 paternity action to issue a temporary child support order upon a showing by clear and 12 convincing evidence of paternity. 13 * Sec. 160. The provisions of AS 25.20.050(n), AS 25.24.160(d), AS 25.24.210(e)(12), and 14 AS 25.24.230(i), added by secs. 42, 44, 46, and 47, respectively, of this Act have the effect 15 of amending Rules 52, 58, 78, and 90.1, Alaska Rules of Civil Procedure, by requiring the 16 court to include social security numbers, if ascertainable, of parties and children in certain 17 petitions, pleadings, or judgments. 18 * Sec. 161. The provisions of AS 25.24.170(b), as amended by sec. 45 of this Act, have 19 the effect of amending Rule 90.3(h)(1), Alaska Rules of Civil Procedure, by changing the 20 standard for certain modifications of a support order as necessary to comply with federal law. 21 * Sec. 162. The provisions of AS 25.27.055, added by sec. 83 of this Act, have the effect 22 of amending Rules 60(b) and 90.3(h)(2), Alaska Rules of Civil Procedure, by allowing relief 23 from a judgment, a decree, or an order when it is based on certain false information without 24 requiring that such relief be requested within a specific time. 25 * Sec. 163. The provisions of AS 25.27.265(c), added by sec. 142 of this Act, have the 26 effect of amending Rules 4 and 5, Alaska Rules of Civil Procedure, by allowing service at the 27 opposing party's last known address on file with the child support enforcement agency in 28 certain circumstances. 29 * Sec. 164. The provisions of AS 25.20.050(j), added by sec. 42 of this Act, have the 30 effect of amending Rule 901 Alaska Rules of Evidence, by limiting the discretion of the court 31 to exclude documentary evidence of specified costs in a paternity action.
01 * Sec. 165. The provisions of AS 08.08.137, as amended by sec. 8 of this Act, have the 02 effect of amending Rules 3 and 5, Alaska Bar Association Rules, by requiring applicants for 03 admission to the practice of law in the state to submit social security numbers for child 04 support purposes. 05 * Sec. 166. TRANSITION: REGULATIONS. Notwithstanding secs. 168 - 171 of this 06 Act, the child support enforcement agency and any state department or agency that is affected 07 by this Act and that has regulation adoption authority may proceed to adopt regulations 08 necessary to implement the changes made by this Act. The regulations take effect under 09 AS 44.62 (Administrative Procedure Act), but not before the effective date of the respective 10 section of this Act that the regulations are implementing. 11 * Sec. 167. Section 166 of this Act takes effect immediately under AS 01.10.070(c). 12 * Sec. 168. Except as provided in secs. 169 - 171 of this Act, this Act takes effect 13 July 1, 1997. 14 * Sec. 169. Section 156 of this Act takes effect July 1, 1997, or on the effective date of 15 AS 47.27.040, whichever is later. 16 * Sec. 170. Sections 115 - 117, 123, 126, and 127 of this Act take effect January 1, 1998. 17 * Sec. 171. The amendment to AS 25.27.244(g) that adds a reference to the notice under 18 "(s) or (t) of this section," enacted by sec. 118 of this Act, takes effect January 1, 1998.