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HB 264: "An Act relating to the effect of military deployment on child custody, child support enforcement, and children in need of aid; and amending Rules 62, 77, 90.1, and 90.3(h), Alaska Rules of Civil Procedure, and Rules 205 and 603, Alaska Rules of Appellate Procedure."

00                             HOUSE BILL NO. 264                                                                          
01 "An Act relating to the effect of military deployment on child custody, child support                                   
02 enforcement, and children in need of aid; and amending Rules 62, 77, 90.1, and 90.3(h),                                 
03 Alaska Rules of Civil Procedure, and Rules 205 and 603, Alaska Rules of Appellate                                       
04 Procedure."                                                                                                             
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 25.24.150 is amended by adding a new subsection to read:                                           
07            (l)  Notwithstanding the provisions of (c) of this section, in awarding custody,                             
08       the court may not consider a parent's past, current, or future United States military                             
09       deployment away from the parent's home state. In this subsection, "home state" has the                            
10       meaning given in AS 25.30.909.                                                                                    
11    * Sec. 2. AS 25.24 is amended by adding a new section to read:                                                     
12            Sec. 25.24.905. Stay of action while military personnel deployed.                                          
13       Notwithstanding any other provision of this chapter, an action pending before the                                 
14       court under this chapter that involves permanent custody of a child shall be stayed                               
01       during the time that a party who is a parent of the child is deployed by the United                               
02       States government to active military duty away from the party's home state if a motion                            
03       is filed on behalf of the party deployed or upon a court's own motion. In this section,                           
04       "home state" has the meaning given in AS 25.30.909.                                                               
05    * Sec. 3. AS 25.27.135 is amended by adding a new subsection to read:                                              
06            (b)  Notwithstanding other provisions of this chapter, an action pending before                              
07       the court or the agency shall be stayed during the time that an obligor is deployed by                            
08       the United States government to active military duty away from the obligor's home                                 
09       state. In this subsection, "home state" has the meaning given in AS 25.30.909.                                    
10    * Sec. 4. AS 47.10.019 is amended to read:                                                                         
11            Sec. 47.10.019. Limitations on determinations. (a) Notwithstanding other                                 
12       provisions of this chapter, the court may not find a minor to be a child in need of aid                           
13       under this chapter solely on the basis that the child's                                                           
14                 (1)  family is poor, lacks adequate housing, or exhibits a lifestyle that is                        
15       different from the generally accepted lifestyle standard of the community where the                               
16       family lives; or                                                                                              
17                 (2)  parent has, is, or may in the future be deployed by the United                                 
18       States government to active military duty outside of the parent's home state.                                 
19            (b)  This [HOWEVER, THIS] section may not be construed to prevent a court                                
20       from finding that a child is in need of aid if the child has been subjected to conduct or                         
21       conditions described in AS 47.10.011 - 47.10.015.                                                                 
22            (c)  In this section, "home state" has the meaning given in AS 25.30.909.                                
23    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
24 read:                                                                                                                   
25       INDIRECT COURT RULE AMENDMENT. The provisions of sec. 2 of this Act have                                          
26 the effect of changing Rules 62, 77, 90.1, and 90.3(h), Alaska Rules of Civil Procedure, and                            
27 Rules 205 and 603, Alaska Rules of Appellate Procedure, by changing the procedure for                                   
28 motions, hearings, modifications of orders, and appeals by requiring an automatic stay of                               
29 proceedings.                                                                                                            
30    * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to                          
31 read:                                                                                                                   
01       CONDITIONAL EFFECT. Section 2 of this Act takes effect only if sec. 5 of this Act                                 
02 receives, the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution                         
03 of the State of Alaska.