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
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
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
30 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to
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.