HB 344: "An Act relating to paternity establishment and child support; relating to the crimes of criminal nonsupport and aiding the nonpayment of child support; and amending Rule 37(b)(2)(D), Alaska Rules of Civil Procedure; and providing for an effective date."
00HOUSE BILL NO. 344 01 "An Act relating to paternity establishment and child support; relating to the 02 crimes of criminal nonsupport and aiding the nonpayment of child support; and 03 amending Rule 37(b)(2)(D), Alaska Rules of Civil Procedure; and providing for 04 an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. PURPOSE. The primary purpose of this Act is to amend Alaska statutes to 07 comply with the mandates of the federal Personal Responsibility and Work Opportunity 08 Reconciliation Act of 1996 and other federal law to ensure continued federal financial 09 participation for Alaska's child support enforcement, public assistance, and unemployment 10 programs. 11 * Sec. 2. AS 09.50.020 is amended by adding a new subsection to read: 12 (b) In addition to the penalty specified in (a) of this section, the court may 13 suspend or revoke, for a period not to exceed one year, a hunting license, sport fishing 14 license, or both, issued under AS 16.05, or the person's ability to obtain the licenses,
01 if 02 (1) the person is a natural person; 03 (2) the contempt is one under AS 09.50.010(4) - 09.50.010(10); and 04 (3) the court, sitting without a jury, finds by a preponderance of 05 evidence that 06 (A) the contempt related to failure to pay money in connection 07 with a child support action or proceeding; or 08 (B) it appears that a right or remedy of a party in a child 09 support action or proceeding was defeated or prejudiced by the contempt. 10 * Sec. 3. AS 11.51.120(c) is amended to read: 11 (c) Criminal nonsupport is a class A misdemeanor , and is also punishable by 12 loss of hunting and sport fishing licenses as provided in AS 12.55.138 . 13 * Sec. 4. AS 11.51.122(d) is amended to read: 14 (d) Aiding the nonpayment of child support is a class A misdemeanor , and is 15 also punishable by loss of hunting and sport fishing licenses as provided in 16 AS 12.55.138 . 17 * Sec. 5. AS 12.55 is amended by adding a new section to read: 18 Sec. 12.55.138. Penalties for criminal nonsupport or aiding the 19 nonpayment of child support. In addition to other penalties imposed for the offense 20 of criminal nonsupport under AS 11.51.120 or aiding the nonpayment of child support 21 under AS 11.51.122, the court may suspend or revoke, for a period not to exceed one 22 year, a hunting license, sport fishing license, or both, issued under AS 16.05, if the 23 defendant is a natural person. 24 * Sec. 6. AS 16.05.330 is amended by adding a new subsection to read: 25 (e) A natural person applying for a license or tag for hunting or sport fishing 26 shall provide the person's social security number on the license application. Upon 27 request, the department shall provide the social security number to the child support 28 enforcement agency created in AS 25.27.010, or the child support agency of another 29 state, for child support purposes authorized by law. 30 * Sec. 7. AS 16.05.346 is amended by adding a new subsection to read: 31 (d) A person applying for a permit under this section shall provide the person's
01 social security number on the permit application. Upon request, the department shall 02 provide the social security number to the child support enforcement agency created in 03 AS 25.27.010, or the child support agency of another state, for child support purposes 04 authorized by law. 05 * Sec. 8. AS 16.05.360 is amended to read: 06 Sec. 16.05.360. Commissioner charged with license issuance. The 07 commissioner or an authorized deputy shall issue each license and tag to a qualified 08 person under written application containing such reasonable information as required 09 by the commissioner. The commissioner shall designate the license and tag form or 10 type. The form or type must be sufficient to identify and locate the applicant , [AND] 11 establish the applicant's status as to residency and citizenship , and supply the 12 person's social security number if required by this chapter . Each application shall 13 be subscribed and sworn to by the applicant before an officer authorized to administer 14 oaths in the state. 15 * Sec. 9. AS 16.05.360 is amended by adding a new subsection to read: 16 (b) Upon request, the department shall provide a social security number 17 provided by an applicant under (a) of this section to the child support enforcement 18 agency created in AS 25.27.010, or the child support agency of another state, for child 19 support purposes authorized by law. 20 * Sec. 10. AS 25.20.050 is amended by adding a new subsection to read: 21 (p) An order for genetic testing issued by a tribunal under (e) of this section 22 in an action to establish paternity may be enforced by a superior court through the use 23 of the court's contempt powers. If the tribunal is the child support enforcement 24 agency, it may use the procedure set out in AS 25.27.167 for enforcement of 25 administrative orders. 26 * Sec. 11. AS 25.25.602(a) is amended to read: 27 (a) A support order or income withholding order of another state may be 28 registered in this state by sending the following documents and information to a 29 tribunal of this state: 30 (1) a letter of transmittal to the tribunal requesting registration and 31 enforcement;
01 (2) two copies, including one certified copy, of all orders to be 02 registered, including any modification of an order; 03 (3) a sworn statement by the party seeking registration or a certified 04 statement by the custodian of the records showing the amount of any arrearage; 05 (4) the name of the obligor and, if known, 06 (A) the obligor's address and social security number; 07 (B) the name and address of the obligor's employer and any 08 other source of income of the obligor; and 09 (C) a description and the location of property in this state of the 10 obligor not exempt from execution; and 11 [(D) THE NAMES AND ADDRESSES OF ALL POTENTIAL 12 THIRD-PARTY RESOURCES, INCLUDING A HEALTH INSURER, THAT 13 MIGHT BE AVAILABLE TO MEET THE REQUIREMENTS OF A 14 MEDICAL SUPPORT ORDER; AND] 15 (5) the name and address of the obligee and, if applicable, the agency 16 or person to whom support payments are to be remitted. 17 * Sec. 12. AS 25.25.611(a) is amended to read: 18 (a) After a child support order issued in another state has been registered in 19 this state, unless the provisions of AS 25.25.613 apply, the responding tribunal of this 20 state may modify that order only if, after notice and an opportunity for hearing, it finds 21 that 22 (1) the following requirements are met: 23 (A) the child, the individual obligee, and the obligor do not 24 reside in the issuing state; 25 (B) a petitioner who is not a resident of this state seeks 26 modification; and 27 (C) the respondent is subject to the personal jurisdiction of the 28 tribunal of this state; or 29 (2) [AN INDIVIDUAL PARTY OR] the child , or a party who is an 30 individual, is subject to the personal jurisdiction of the tribunal and all of the 31 [INDIVIDUAL] parties who are individuals have filed a written consent in the issuing
01 tribunal providing that a tribunal of this state may modify the support order and 02 assume continuing, exclusive jurisdiction over the order; however, if the issuing state 03 is a foreign jurisdiction that has not enacted a law or procedure substantially similar 04 to this chapter, the written consent of an [THE] individual [PARTY] residing in this 05 state is not required for the tribunal to assume jurisdiction to modify the child support 06 order. 07 * Sec. 13. AS 25.27.022(b) is amended to read: 08 (b) Except for requests for assistance made under (c) of this section or 09 AS 25.25.501, requests [REQUESTS] from child support enforcement agencies in 10 other states shall be made by application containing the information that this state's 11 agency requires and including written authorization from the requesting state agency 12 and the obligee for this state's agency to initiate necessary action. 13 * Sec. 14. AS 25.27.022 is amended by adding new subsections to read: 14 (c) Requests from a child support agency of another state for assistance in 15 enforcing support orders through high-volume automated administrative enforcement 16 may be made by electronic or other means and shall include the information required 17 by 42 U.S.C. 666(a)(14). 18 (d) An employer receiving an income withholding order from a child support 19 agency of another state shall comply with the choice of law provisions of 20 AS 25.25.502(d), 25.25.503, and 42 U.S.C. 666(b)(6)(A)(i)(V). 21 * Sec. 15. AS 25.27.062(e) is amended to read: 22 (e) The agency or the person who obtains an income withholding order under 23 this chapter shall immediately send a copy of the income withholding order, a copy 24 of the relevant provisions of AS 25.27.260 and this section, and an explanation of the 25 effect of the statutes to persons who may owe money to an obligor. These items may 26 be sent by first class mail or certified mail, return receipt requested, or they may be 27 served personally by a process server, except that the agency alternatively may send 28 the items by electronic means. An income withholding order made under this chapter 29 is binding upon a person, employer, political subdivision, or department of the state 30 immediately upon receipt of a copy of the income withholding order. A person 31 receiving an income withholding order [AN EMPLOYER] shall immediately begin
01 withholding the specified amount from the obligor's earnings [EMPLOYEE'S 02 WAGES]. The amount withheld shall be sent to the agency within seven business 03 days after the date the amount would otherwise have been paid or credited to the 04 obligor [EMPLOYEE]. An employer may, for each payment made under an order, 05 deduct $5 from other wages or salary owed to the obligor. 06 * Sec. 16. AS 25.27.063(b) is amended to read: 07 (b) If an obligor who is required to provide health care coverage under a 08 medical support order is eligible for family health coverage through an employer 09 [DOING BUSINESS IN THE STATE], the court or agency issuing the medical 10 support order shall send a copy of the medical support order to the employer. If the 11 agency has notice that the obligor has changed or will be changing employment 12 and is or will be eligible for family health coverage through the new employer, the 13 agency shall send a copy of the medical support order to that employer. 14 * Sec. 17. AS 25.27.075 is repealed and reenacted to read: 15 Sec. 25.27.075. Employment information. (a) An employer doing business 16 in the state shall report to the agency the hiring, rehiring, or return to work of each 17 employee occurring on or after the effective date of this bill section. The report shall 18 be made within the time limits set out in (b) of this section. The report must contain 19 the name, address, and social security number of the newly hired employee, the name 20 and address of the employer, and the identifying number assigned to the employer by 21 the United States Department of the Treasury, Internal Revenue Service. 22 (b) An employer required to report under (a) of this section shall use the 23 following procedures to make the report: 24 (1) if the report is submitted magnetically or electronically, the report 25 shall be made in a format mutually agreed upon by the employer and the agency; an 26 employer reporting under this paragraph shall make two transmissions a month, not 27 less than 12 days nor more than 16 days apart; or 28 (2) if not made magnetically or electronically, the report shall be made 29 on a United States Department of the Treasury, Internal Revenue Service, W-4 form, 30 or at the option of the employer, an equivalent form; an employer reporting under this 31 paragraph shall make the report to the agency not later than 20 days after the date of
01 the hiring, rehiring, or return to work of the employee; the report shall be transmitted 02 by the employer by first class mail. 03 (c) An employer that does business in this state and that has employees in at 04 least one other state is not required to comply with (a) of this section if 05 (1) in compliance with the laws of that state, the employer submits 06 timely electronic or magnetic reports of hires, rehires, or returns to work to the state 07 directory of new hires of another state in which the employer has employees; and 08 (2) has provided written notification of its election under this subsection 09 to the secretary of United States Department of Health and Human Services. 10 (d) In addition to reporting under (a) of this section, a labor organization of 11 which an obligor is a member or another employer of the obligor shall promptly 12 provide to the agency, or the child support enforcement agency of another state, 13 information requested regarding the obligor's compensation, employment, wages or 14 salary, and occupation. 15 (e) An employer may charge $1 to each employee who is reported to the 16 agency under this section, to cover the cost of the reporting. 17 (f) In addition to other sanctions available under the law, a labor organization 18 or another employer that violates this section is liable for a civil penalty of not more 19 than 20 (1) $25 for each failure to meet the requirements of this section for 21 each employee who is newly hired, rehired, or newly returned to work; and 22 (2) $500 for each failure to meet the requirements of this section if the 23 failure is the result of a conspiracy between the employee and either a labor 24 organization or another employer to not supply the required report or to supply a false 25 or incomplete report concerning the employee. 26 (g) In this section, 27 (1) "employee" has the meaning given in 26 U.S.C. 3401(c); 28 "employee" does not include an employee of a federal or state agency performing 29 intelligence or counterintelligence functions if the head of that agency has determined 30 that reporting under this section on the employee could endanger the safety of the 31 employee or compromise an ongoing investigation or intelligence mission;
01 (2) "employer" has the meaning given in 26 U.S.C. 3401(d); 02 "employer" includes a governmental entity and a labor organization; 03 (3) "labor organization" has the meaning given in 29 U.S.C. 152; "labor 04 organization" includes an entity that is used by the labor organization and another 05 employer to carry out hiring or other requirements described in 29 U.S.C. 158(f)(3) in 06 accordance with an agreement between the labor organization and the other employer. 07 * Sec. 18. AS 25.27.085 is amended by adding a new subsection to read: 08 (g) If a person fails to comply with a subpoena issued under this section, the 09 agency may apply to the court for an order to compel obedience by proceedings for 10 contempt as in the case of disobedience of the requirements of a subpoena issued by 11 a court. In addition to the other remedies available to the court to compel compliance 12 with a subpoena under this section, the court may take an action described in 13 AS 09.50.020(b) regarding hunting and sport fishing licenses of a person failing to 14 comply with the subpoena. 15 * Sec. 19. AS 25.27.165(c) is amended to read: 16 (c) A person served with a notice of paternity and financial responsibility and 17 accompanying orders under (b) of this section shall file a response, admitting or 18 denying paternity and providing the required financial information, within 20 days after 19 the date of service of the notice of paternity and financial responsibility. If the 20 putative father admits paternity, the agency shall issue, within 20 days after the 21 admission of paternity, a decision establishing paternity. If the putative father denies 22 paternity, the putative father shall submit to genetic testing, as provided in an 23 accompanying order under (b) of this section, within 30 days after the date of service 24 of the notice of paternity and financial responsibility. If the putative father fails to 25 file a response or to comply with an accompanying order within the time and in 26 the manner required in this subsection, the agency may issue a decision by default 27 establishing paternity and financial responsibility, except that if the proceeding 28 was instituted at the request of the putative father, the agency shall dismiss the 29 proceeding without prejudice. 30 * Sec. 20. AS 25.27 is amended by adding a new section to read: 31 Sec. 25.27.167. Contempt of order for genetic testing. (a) If a person who
01 is located in this state fails to comply with an order for genetic testing issued by the 02 agency in this state, or the tribunal of another state, the agency in this state may certify 03 the facts to the superior court of this state. 04 (b) Upon certification under (a) of this section, the court shall issue an order 05 directing the person to appear and show cause why the person should not be punished 06 for contempt. The order and a copy of the certified statement shall be served on the 07 person in the manner required for service of court orders to show cause. 08 (c) After service under (b) of this section, the court has jurisdiction of the 09 matter brought under this section. 10 (d) The law of this state applicable to contempt of a court order applies to a 11 proceeding for contempt of order for genetic testing brought under this section. 12 * Sec. 21. AS 25.27.230(a) is repealed and reenacted to read: 13 (a) The agency shall assert a lien upon the real or personal property of the 14 obligor in the amount of the obligor's liability if an arrearage occurs under a support 15 order being enforced by the agency. 16 * Sec. 22. AS 25.27.230 is amended by adding new subsections to read: 17 (e) A lien arising in another state under the child support laws of that state 18 shall be given full faith and credit in this state. The lien may be asserted in this state 19 upon the real or personal property of the obligor in the amount of the obligor's liability 20 by complying with the requirements of this section. 21 (f) A lien recorded under this section is a judgment lien and may be enforced 22 by execution under AS 09.35 in the full amount of the obligor's liability at the time 23 of execution. 24 * Sec. 23. AS 25.27.240(a) is amended to read: 25 (a) The agency of this state or another state , or a party or other entity 26 seeking to enforce a child support obligation, may, at any time after recording of a 27 lien recorded under AS 25.27.230, serve a copy of the lien upon any person, political 28 subdivision, or department of the state possessing earnings, or deposits or balances 29 held in any bank account of any nature that are due, owing, or belonging to the 30 obligor. 31 * Sec. 24. AS 25.27.250(a) is repealed and reenacted to read:
01 (a) Without prior notice to the obligor, the agency may issue to any person, 02 including an entity, political subdivision, or state agency, an order to withhold and 03 deliver property under this section; the order may be issued 04 (1) immediately upon issuance of an income withholding order that 05 provides for immediate income withholding under AS 25.27.062(a); 06 (2) immediately after an arrearage occurs under a support order 07 described in AS 25.27.150(a); 08 (3) at the expiration of 30 days after the date of service of a notice and 09 finding of financial responsibility under AS 25.27.160; or 10 (4) at the expiration of 30 days after service of a decision establishing 11 paternity and financial responsibility under AS 25.27.165. 12 * Sec. 25. AS 25.27.900(9) is amended to read: 13 (9) "support order" means any judgment, decree, or order that is issued 14 by a tribunal for the support and maintenance of a child or of [A CHILD AND] a 15 parent with whom the child is living; "support order" includes a judgment, decree, or 16 order 17 (A) on behalf of a child who has reached the age of majority 18 if the judgment, decree, or order was lawfully issued; and 19 (B) for 20 (i) monetary support, including arrearages; 21 (ii) payment of health care costs or maintenance of 22 health insurance; 23 (iii) reimbursement of related costs; 24 (iv) payment of attorney's [ATTORNEY] fees and legal 25 costs and other fees; and 26 (v) penalty, interest, and other relief as required by a 27 tribunal ; [.] 28 * Sec. 26. AS 25.27.900 is amended by adding new paragraphs to read: 29 (11) "arrearage" means a debt for support that is past due and equal to 30 at least one monthly obligation under the support order; 31 (12) "high-volume automated administrative enforcement" means the
01 use of automatic data processing to search various state data bases, including license 02 records, employment service data, and state new-hire registries, to determine whether 03 information is available regarding a parent who owes a child support obligation. 04 * Sec. 27. AS 28.15.061(b) is amended to read: 05 (b) An application under (a) of this section must 06 (1) contain the applicant's full name, social security number, date and 07 place of birth, sex, and mailing and residence addresses; 08 (2) state whether the applicant has been previously licensed as a driver 09 and, if so, when and by what jurisdiction; 10 (3) state whether any previous driver's license issued to the applicant 11 has ever been suspended or revoked or whether an application for a driver's license 12 has ever been refused and, if so, the date of and reason for the suspension, revocation, 13 or refusal; and 14 (4) contain other information that the department may reasonably 15 require to determine the applicant's identity, competency, and eligibility. 16 * Sec. 28. AS 28.15.061 is amended by adding a new subsection to read: 17 (g) Upon request, the department shall provide a social security number 18 provided under this section to the child support enforcement agency created in 19 AS 25.27.010, or the child support agency of another state, for child support purposes 20 authorized by law. 21 * Sec. 29. Section 148(c), ch. 87, SLA 1997 is repealed. 22 * Sec. 30. The provisions of AS 25.20.050(p), added by sec. 10 of this Act, and 23 AS 25.27.167, added by sec. 20 of this Act, have the effect of amending Rule 37(b)(2)(D), 24 Alaska Rules of Civil Procedure, by permitting the use of contempt of court powers to enforce 25 orders for genetic testing. 26 * Sec. 31. The provisions of AS 25.20.050(p), added by sec. 10 of this Act, and 27 AS 25.27.167, added by sec. 20 of this Act, take effect only if sec. 30 of this Act receives the 28 two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State 29 of Alaska. 30 * Sec. 32. This Act takes effect immediately under AS 01.10.070(c).