CSSB 154(HES): "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."
00CS FOR SENATE BILL NO. 154(HES) 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. FINDINGS; INTENT. (a) It is the legislature's firm conviction that 02 (1) children, whenever possible, should not be forced to bear the negative 03 consequences of a breakdown in their parents' relationship; 04 (2) one of the negative consequences of separations and divorces can be a 05 substantial drop in the standard of living for the children in the family if the income of their 06 noncustodial parent becomes unavailable to them; in these situations, the taxpayers of the state 07 are often forced to support the children through the state's welfare system; 08 (3) child support enforcement is one of the most effective ways to ensure that 09 children continue to be supported financially by both of their parents rather than by the state's 10 welfare system; 11 (4) child support enforcement efforts could be enhanced by having more 12 effective procedures for the establishment of paternity, more uniformity in the handling of 13 interstate child support cases, increased ability to identify and locate noncustodial parents who 14 are not supporting their children, and increased ability to track the income and assets of those 15 parents; 16 (5) identification and location of noncustodial parents and their financial 17 resources could be improved significantly by requiring that social security numbers be 18 routinely included on a wide variety of financial, occupational, and vital statistics records; 19 (6) it is in the public interest that the state continue to receive federal funds 20 to administer the state's child support enforcement program and to offset a major portion of 21 the costs of the state's welfare programs; 22 (7) the Congress has recognized that better child support enforcement can 23 decrease the government's welfare costs so the Congress included numerous new child support 24 enforcement requirements in the recent federal welfare reform act, known as the Personal 25 Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193); 26 (8) the changes required under P.L. 104-193 include changes in procedures 27 relating to paternity establishment, greater uniformity in the treatment of interstate child 28 support cases, new requirements for the inclusion of social security numbers on a wide variety 29 of records, and other state law changes that must be made in order for the state to receive 30 federal funds for its child support enforcement program and for its welfare programs. 31 (b) It is, therefore, the legislature's intent in enacting this Act to
01 (1) strengthen the state's child support enforcement efforts so that children, 02 whenever possible, continue to be supported financially by both of their parents after their 03 parents separate or divorce rather than by the state through its welfare system; and 04 (2) comply with federal requirements relating to paternity establishment, 05 interstate child support cases, social security numbers, and other matters so that federal funds 06 continue to be available to the state for the state's child support enforcement and welfare 07 programs; the legislature expects each state agency that gathers social security numbers as 08 required under this Act to comply with federal laws governing the agency's use and disclosure 09 of those numbers so as to avoid misuse of the numbers and violations of privacy laws while 10 ensuring that public documents remain available for public inspection. 11 * Sec. 2. AS 06.05 is amended by adding a new section to read: 12 Sec. 06.05.537. Copies of records for child support purposes. If a copy of 13 a record concerning an individual who owes or is owed child support, including a 14 record concerning assets and liabilities of the individual, prepared or maintained by a 15 bank of this state is requested by the child support enforcement agency established in 16 AS 25.27.010 or the child support enforcement agency of another state, the bank shall 17 provide the requesting agency with a certified copy of the record. If information is 18 prepared or maintained by the bank in an electronic data base, the bank may provide 19 the requesting agency a copy of the electronic record and a statement certifying its 20 contents. The agency receiving information under this section may use the information 21 only for child support purposes authorized under law. 22 * Sec. 3. AS 06.20.020 is amended by adding a new subsection to read: 23 (b) In addition to the requirements in (a) of this section, if a natural person 24 makes application for a license, the applicant shall supply the applicant's social 25 security number to the department. Upon request, the department shall provide the 26 social security number to the child support enforcement agency created in 27 AS 25.27.010, or the child support enforcement agency of another state, for child 28 support purposes authorized under law. 29 * Sec. 4. AS 06.40.050(a) is amended to read: 30 (a) Application for a license under this chapter shall be in writing and in the 31 form prescribed by the department. If the applicant is a natural person, the
01 application form must require submission of the applicant's social security 02 number. 03 * Sec. 5. AS 06.40.050 is amended by adding a new subsection to read: 04 (e) Upon request, the department shall provide a social security number 05 submitted under (a) of this section to the child support enforcement agency created in 06 AS 25.27.010, or the child support agency of another state, for child support purposes 07 authorized under law. 08 * Sec. 6. AS 08.01.060 is amended by adding a new subsection to read: 09 (b) If the applicant is a natural person, the application must require that the 10 applicant submit the applicant's social security number to the department. 11 Notwithstanding any other provision of this title, a license to engage in a profession 12 may not be issued by the department to a natural person unless the social security 13 number has been provided to the department. 14 * Sec. 7. AS 08.01 is amended by adding a new section to read: 15 Sec. 08.01.089. Copies of records for child support purposes. If a copy of 16 a public record concerning an individual who owes or is owed child support that is 17 prepared or maintained by the department is requested by the child support 18 enforcement agency created in AS 25.27.010 or a child support enforcement agency 19 of another state, the department shall provide the requesting agency with a certified 20 copy of the public record, including the individual's social security number. If these 21 records are prepared or maintained by the department in an electronic data base, the 22 records may be supplied by providing the requesting agency with a copy of the 23 electronic record and a statement certifying its contents. A requesting agency 24 receiving information under this section may use it only for child support purposes 25 authorized under law. 26 * Sec. 8. AS 08.01.100 is amended by adding a new subsection to read: 27 (e) Notwithstanding any other provision of this title, a renewal of a license 28 may not be issued by the department to a natural person unless the licensee's social 29 security number has been provided to the department. 30 * Sec. 9. AS 08.08.137 is amended to read: 31 Sec. 08.08.137. Fingerprints. The Board of Governors shall require an
01 applicant for admission to be fingerprinted and to provide the applicant's social 02 security number. The fingerprints shall be used to determine whether the applicant 03 has a record of criminal convictions in this state or another jurisdiction. The Board 04 of Governors may use the information obtained from the fingerprinting only in its 05 official determination of the character and fitness of the applicant for admission to the 06 Alaska Bar Association. The applicant's social security number shall be provided 07 to the child support enforcement agency established in AS 25.27.010, or the child 08 support enforcement agency of another state, upon request by the respective 09 agency; the requesting agency may use that information only for child support 10 purposes authorized under law. 11 * Sec. 10. AS 09.25.100 is amended to read: 12 Sec. 09.25.100. Disposition of tax information. Information in the possession 13 of the Department of Revenue that discloses the particulars of the business or affairs 14 of a taxpayer or other person is not a matter of public record, except for purposes of 15 child support administration as described in (b) of this section, investigation, and 16 law enforcement. The information shall be kept confidential except when its 17 production is required in response to a request for purposes of child support 18 administration as described in (b) of this section, in an official investigation, in an 19 administrative adjudication under AS 43.05.400 - 43.05.499, or in a court proceeding. 20 These restrictions do not prohibit the publication of statistics presented in a manner 21 that prevents the identification of particular reports and items, [PROHIBIT] the 22 publication of tax lists showing the names of taxpayers who are delinquent and 23 relevant information that may assist in the collection of delinquent taxes, or 24 [PROHIBIT] the publication of records, proceedings, and decisions under 25 AS 43.05.400 - 43.05.499. 26 * Sec. 11. AS 09.25.100 is amended by adding a new subsection to read: 27 (b) If a copy of a record of tax information is requested under (a) of this 28 section for the purposes of child support administration, the copy may be released only 29 to the child support enforcement agency created in AS 25.27.010 or a child support 30 enforcement agency of another state. The Department of Revenue shall provide the 31 requesting agency with a copy of the record. The requesting agency receiving
01 information under this subsection may use it only for child support purposes authorized 02 under law. 03 * Sec. 12. AS 09.30.070(a) is amended to read: 04 (a) Except as provided in (c) of this section, the [THE] rate of interest on 05 judgments and decrees for the payment of money is 10.5 percent a year, except that 06 a judgment or decree founded on a contract in writing, providing for the payment of 07 interest until paid at a specified rate not exceeding the legal rate of interest for that 08 type of contract, bears interest at the rate specified in the contract if the interest rate 09 is set out in the judgment or decree. 10 * Sec. 13. AS 09.30.070 is amended by adding a new subsection to read: 11 (c) The rate of interest on judgments or decrees for child support is governed 12 by AS 25.27.025. 13 * Sec. 14. AS 09.55.050 is amended to read: 14 Sec. 09.55.050. Effect of presumptive death certificate. After the judge or 15 magistrate has entered an order declaring that the person is presumed to be dead either 16 under AS 09.55.020 - 09.55.060 or under the laws dealing with missing persons, the 17 judge or magistrate shall make out and sign a certificate entitled "Presumptive Death 18 Certificate" in the form and manner and containing the information required by the 19 Bureau of Vital Statistics. In addition to the information required by the Bureau 20 of Vital Statistics, the certificate must contain the decedent's social security 21 number, if ascertainable. The certificate shall be recorded by the judge or magistrate 22 and then filed with the Bureau of Vital Statistics. Upon the entry of the order and the 23 recording and filing of the "Presumptive Death Certificate" as herein provided, the 24 missing person is presumed to be dead, and the person's estate may be administered 25 in accordance with the then existing provisions of law applicable to the administration 26 of the estates of deceased persons. 27 * Sec. 15. AS 09.65 is amended by adding a new section to read: 28 Sec. 09.65.240. Immunity for certain actions related to child support. A 29 person, including the state and its subdivisions, agencies, officers, and employees, may 30 not be held liable for good faith 31 (1) compliance with a subpoena of this or another state that requests
01 information, including the social security number and employment history of a person, 02 issued by the child support enforcement agency created in AS 25.27.010, or the child 03 support enforcement agency of another state, for child support purposes authorized 04 under law; 05 (2) collection of child support, including encumbering or surrendering 06 assets in response to a notice of lien or levy for the payment of child support; or 07 (3) compliance with an income withholding notice or an order to 08 withhold and deliver that is regular on its face and is for child support purposes. 09 * Sec. 16. AS 14.20 is amended by adding a new section to read: 10 Sec. 14.20.027. Reporting of and access to social security numbers. 11 Notwithstanding AS 14.20.010 - 14.20.040, the department may not issue a teacher 12 certificate under AS 14.20.020 or a limited teacher certificate under AS 14.20.025 13 unless the applicant has supplied the department with the applicant's social security 14 number. Upon request, the department shall provide the social security number to the 15 child support enforcement agency created in AS 25.27.010, or the child support 16 enforcement agency of another state, for child support purposes authorized under law. 17 * Sec. 17. AS 16.05.450(a) is amended to read: 18 (a) The commissioner or an authorized agent shall issue a crewmember fishing 19 license under AS 16.05.480 to each qualified person who files a written application at 20 a place in the state designated by the commissioner, containing the reasonable 21 information required by the commissioner together with the required fee. The 22 commissioner shall require the reporting of the applicant's social security number 23 on the application. The application shall be simple in form and shall be executed by 24 the applicant under the penalty of unsworn falsification. 25 * Sec. 18. AS 16.05.450 is amended by adding a new subsection to read: 26 (d) Upon request, the commissioner shall provide a social security number 27 provided under (a) of this section to the child support enforcement agency created in 28 AS 25.27.010, or the child support enforcement agency of another state, for child 29 support purposes authorized under law. 30 * Sec. 19. AS 16.05.480(b) is amended to read: 31 (b) A person applying for a resident commercial license under this section
01 shall provide the person's social security number and the proof of residence that the 02 department requires by regulation. 03 * Sec. 20. AS 16.05.480 is amended by adding a new subsection to read: 04 (d) Upon request, the department shall provide a social security number 05 provided under (a) of this section to the child support enforcement agency created in 06 AS 25.27.010, or the child support agency of another state, for child support purposes 07 authorized under law. 08 * Sec. 21. AS 16.05.815(a) is amended by adding a new paragraph to read: 09 (8) any of its records and reports to the child support enforcement 10 agency created in AS 25.27.010, or the child support enforcement agency of another 11 state, for child support purposes authorized under law. 12 * Sec. 22. AS 18.50.160(e) is amended to read: 13 (e) If the mother was not married at conception, during the pregnancy, or at 14 birth, the name of the father may not be entered on the certificate of birth [,] unless 15 (1) paternity has been lawfully determined by a tribunal, in which case 16 the name of the father, if determined by the tribunal, shall be entered; 17 (2) both the mother and the man to be named as the father have 18 executed affidavits attesting that that man is the father, so long as the affidavits meet 19 the requirements of (g) of this section and AS 18.50.165; or 20 (3) [AS] otherwise specified by statute. 21 * Sec. 23. AS 18.50.165(a) is amended to read: 22 (a) The state registrar shall prepare a form for use in acknowledging paternity 23 under AS 25.20.055. On an after July 1, 1997, the form must comply with the 24 minimum requirements of 42 U.S.C. 652(a)(7). The form must include 25 (1) a statement that the man who signs the form is acknowledging that 26 the man is the natural father of the child named in the form and that the man assumes 27 the parental duty of support of that child; 28 (2) the address and social security number of both parents of the child 29 named in the form; 30 (3) signature lines for both parents; [AND] 31 (4) a signature line for either a witness or notary public; and
01 (5) on and after July 1, 1997, a statement that 02 (A) sets out the legal consequences to and the rights and 03 responsibilities of the mother and the man acknowledging paternity of 04 signing the form, including 05 (i) if one of the parents is a minor, any rights given 06 due to minority status; 07 (ii) legal alternatives to signing the form; and 08 (iii) the legal responsibility that arises from signing 09 the form; 10 (B) the mother and the man acknowledging paternity have 11 been notified that, unless fraud, duress, or material mistake of fact is 12 shown in accordance with AS 25.20.050, the acknowledgment may only be 13 rescinded by the earlier of the following dates: 14 (i) 60 days after the date of the person's signature; 15 or 16 (ii) the date of initiation of an administrative or 17 judicial procedure to establish support of the child in which the 18 person is a party; and 19 (C) the mother and the man acknowledging paternity have 20 read and understand the contents of the form. 21 * Sec. 24. AS 18.50.165 is amended by adding new subsections to read: 22 (e) An acknowledgment of paternity that met the requirements of state law at 23 the time that the acknowledgment was made in this state is not ineffective due to 24 changes in the form for acknowledgment occurring after the date that the 25 acknowledgment was made. 26 (f) An acknowledgment of paternity affidavit or form executed in another state 27 meeting that state's legal requirements shall be considered in this state as if the 28 affidavit or form was executed in compliance with this section. 29 (g) The registrar shall offer voluntary acknowledgment of paternity services 30 by making available technical assistance about the form described in this section. 31 Upon request, the registrar shall provide oral assistance to parents wishing to complete
01 the form. 02 * Sec. 25. AS 18.50.230 is amended by adding a new subsection to read: 03 (f) A death certificate issued under this section must include the decedent's 04 social security number, if ascertainable. Upon request, the registrar shall provide a 05 decedent's social security number to the child support enforcement agency created in 06 AS 25.27.010, or the child support agency of another state, for child support purposes 07 authorized under law. 08 * Sec. 26. AS 18.50.280(a) is amended to read: 09 (a) For each dissolution, divorce, and annulment of marriage granted by a 10 court in the state, the clerk of the court shall prepare and file a certificate of 11 dissolution, divorce, or annulment with the bureau, on forms prescribed and furnished 12 by the bureau. The forms must require the reporting of the social security 13 numbers of the petitioner or plaintiff and, if ascertainable, the other party to the 14 dissolution, divorce, or annulment of marriage. The petitioner or plaintiff shall 15 furnish the court with the information necessary to complete the certificate, and the 16 furnishing of this information is prerequisite to the issuance of a decree. 17 * Sec. 27. AS 18.50.280 is amended by adding a new subsection to read: 18 (c) Upon request, the bureau shall provide a social security number supplied 19 under (a) of this section to the child support enforcement agency created in 20 AS 25.27.010, or the child support enforcement agency of another state, for child 21 support purposes authorized under law. 22 * Sec. 28. AS 18.50.320 is amended to read: 23 Sec. 18.50.320. Copies of data from vital records. Except as otherwise 24 provided and in accordance with the regulations adopted under AS 18.50.310, 25 (1) the bureau and the custodian of permanent local records shall, upon 26 request, issue a certified copy of a certificate or record in their custody, or a part of 27 it; each copy issued must show the date of registration or recording, and copies issued 28 from records marked "delayed," "amended," or "court order" shall be similarly marked 29 and must show the effective date; 30 (2) a certified copy of a certificate or a part of it issued in accordance 31 with (1) of this section is considered the original for all purposes, and is prima facie
01 evidence of the facts stated, provided that the evidentiary value of a certificate or 02 record filed more than one year after the event, or a record that has been amended, or 03 a presumptive death certificate, shall be determined by the judicial or administrative 04 body or official before whom the certificate is offered as evidence; 05 (3) the National Office of Vital Statistics may be furnished the copies 06 or data it requires for national statistics [,] if the bureau is reimbursed for the cost of 07 furnishing the data; the National Office of Vital Statistics may not use the data for 08 purposes other than statistical purposes unless authorized by the state registrar; 09 (4) federal, state, local, and other public or private agencies, upon 10 request, may be furnished copies or data for statistical purposes on the terms or 11 conditions prescribed by the bureau; 12 (5) a person or agency may not prepare or issue a certificate or part of 13 a certificate that purports to be an original, certified copy, or copy of a certificate of 14 birth, death, fetal death, or marriage, except as authorized in this chapter or the 15 regulations adopted under it; 16 (6) upon request, the bureau shall furnish a copy of a certificate or 17 record registered by the bureau to the child support enforcement agency created 18 in AS 25.27.010, or the child support enforcement agency of another state, for 19 child support purposes authorized under law; such a certificate or record that is 20 prepared or maintained in an electronic data base may be supplied by providing 21 the requesting agency with a copy of the electronic certificate or record and a 22 statement certifying its contents. 23 * Sec. 29. AS 18.60.395(a) is amended to read: 24 (a) The Department of Labor shall adopt regulations for the licensing of boiler 25 operators. The regulations must conform to the generally accepted nationwide 26 standards and practices established for boiler operators. In addition to any 27 requirements adopted by regulation under this subsection, a person applying for 28 a license shall provide to the department, on the application, the person's social 29 security number. 30 * Sec. 30. AS 18.60.395 is amended by adding a new subsection to read: 31 (d) Upon request, the department shall provide a social security number
01 provided under (a) of this section to the child support enforcement agency created in 02 AS 25.27.010, or the child support enforcement agency of another state, for child 03 support purposes authorized under law. 04 * Sec. 31. AS 18.65.410 is amended to read: 05 Sec. 18.65.410. Applications. Application for a license as a security guard 06 must be made on forms provided by the commissioner. The application must require 07 the furnishing of information reasonably required by the commissioner to carry out the 08 provisions of AS 18.65.400 - 18.65.490, including classifiable fingerprints to enable 09 the search of criminal indices for evidence of a prior criminal record, and must 10 require the furnishing of the applicant's social security number if the applicant 11 is a natural person. The application must be accompanied by a nonrefundable 12 application fee of $50 for a security guard and $200 for a security guard agency. 13 * Sec. 32. AS 18.65.410 is amended by adding a new subsection to read: 14 (b) Upon request, the commissioner shall provide a social security number 15 provided under (a) of this section to the child support enforcement agency created in 16 AS 25.27.010, or the child support enforcement agency of another state, for child 17 support purposes authorized under law. 18 * Sec. 33. AS 18.72.030 is amended to read: 19 Sec. 18.72.030. Fireworks wholesaler's license. (a) A person who desires 20 to sell fireworks at wholesale in the state shall first make verified application for a 21 license to the state fire marshal on forms provided by the state fire marshal. The 22 forms must require the applicant to supply the applicant's social security number 23 if the applicant is a natural person. The application shall be accompanied by an 24 annual license fee of $50. 25 (b) The license required under (a) of this section is valid until December 31 26 of the year during which it is issued [,] and is renewable upon 27 (1) the payment of each subsequent annual license fee and affirmation 28 that the information contained in the wholesaler's original application for a fireworks 29 wholesaler's license is currently accurate; and 30 (2) supplying the wholesaler's social security number if it has not 31 previously been supplied under (a) of this section and if the wholesaler is a
01 natural person. 02 * Sec. 34. AS 21.06 is amended by adding a new section to read: 03 Sec. 21.06.255. Information for child support purposes. Notwithstanding 04 any other provision of this title, a natural person who applies for a license or requests 05 renewal of a license issued by the director under this title shall provide the director 06 with the person's social security number. Upon request, the director shall provide a 07 social security number provided under this section to the child support enforcement 08 agency created in AS 25.27.010, or the child support enforcement agency of another 09 state, for child support purposes authorized under law. 10 * Sec. 35. AS 23.20.110(e) is amended to read: 11 (e) The department shall provide information 12 (1) requested by a state or federal agency under an income and 13 eligibility verification system that meets the requirements of 42 U.S.C. 1320b-7 (Social 14 Security Act); or 15 (2) as required by federal law for child support purposes. 16 * Sec. 36. AS 23.20.110 is amended by adding a new subsection to read: 17 (o) Upon request and for child support purposes authorized under law, the 18 department shall provide to the child support enforcement agency created in 19 AS 25.27.010, or the child support enforcement agency of another state, the following: 20 (1) the name, address, social security number, ordinary occupation, and 21 employment status of each applicant for or recipient of benefits under this chapter; 22 (2) information about the applicant's or recipient's right to benefits 23 under this chapter; 24 (3) the name, address, and employer identification number of the 25 applicant's or recipient's current or former employer; 26 (4) information, if available, on the applicant or recipient concerning 27 (A) earnings or other income of the applicant or recipient; 28 (B) benefits from employment, including rights to or enrollment 29 in group health care coverage; and 30 (C) the type, status, location, and amount of assets of or debts 31 owed by or to the applicant or recipient.
01 * Sec. 37. AS 25.05.091 is amended by adding a new subsection to read: 02 (b) In addition to the requirements of (a) of this section, each contracting party 03 to the prospective marriage shall provide to the licensing officer the party's social 04 security number, if any. Upon request, the licensing officer shall provide a social 05 security number provided under this subsection to the child support enforcement 06 agency created in AS 25.27.010, or the child support enforcement agency of another 07 state, for child support purposes authorized under law. 08 * Sec. 38. AS 25.20.050(a) is amended to read: 09 (a) A child born out of wedlock is legitimated and considered the heir of the 10 putative parent when (1) the putative parent subsequently marries the undisputed parent 11 of the child; (2) for acknowledgments made before July 1, 1997, the putative parent 12 acknowledges, in writing, being a parent of the child; (3) for acknowledgments made 13 on or after July 1, 1997, the putative father and the mother both sign a form for 14 acknowledging paternity under AS 18.50.165; or (4) [(3)] the putative parent is 15 determined [JUDGED] by a superior court without jury or by another tribunal, 16 upon sufficient evidence, to be a parent of the child. Acceptable evidence includes [, 17 BUT IS NOT LIMITED TO,] evidence that the putative parent's conduct and bearing 18 toward the child, either by word or act, indicates that the child is the child of the 19 putative parent. That conduct may be construed by the tribunal [COURT] to 20 constitute evidence of parentage. When indefinite, ambiguous, or uncertain terms are 21 used, the tribunal [COURT] may use extrinsic evidence to show the putative parent's 22 intent. 23 * Sec. 39. AS 25.20.050(d) is amended to read: 24 (d) The results of a genetic test that is of a type generally acknowledged as 25 reliable by an accreditation body designated by the Secretary of Health and 26 Human Services and performed by a laboratory approved by such an 27 accreditation body [A BLOOD TEST, TISSUE-TYPE TEST, PROTEIN 28 COMPARISON, OR OTHER SCIENTIFICALLY ACCEPTED PROCEDURE] shall 29 be admitted and weighed in conjunction with other evidence in determining the 30 statistical probability that the putative parent is a legal parent of the child in question. 31 However, a genetic test described in this subsection [SCIENTIFICALLY
01 ACCEPTED PROCEDURE] that establishes a probability of parentage at 95 percent 02 or higher creates a presumption of parentage that may be rebutted only by clear and 03 convincing evidence. 04 * Sec. 40. AS 25.20.050(e) is repealed and reenacted to read: 05 (e) Except as provided in (i) of this section, in proceedings in which paternity 06 is contested, the tribunal shall order the parties, including the child, to submit to testing 07 as described in (d) of this section upon request of 08 (1) the child support enforcement agency created in AS 25.27.010 or 09 the child support enforcement agency of another state; or 10 (2) a party, including a sworn statement 11 (A) alleging the paternity of an individual and setting out facts 12 that show a reasonable possibility that the mother and that individual had 13 sexual contact that could have resulted in the conception of the child; or 14 (B) denying the paternity of an individual and setting out facts 15 that show a reasonable possibility that the mother and that individual did not 16 have sexual contact that could have resulted in the conception of the child. 17 * Sec. 41. AS 25.20.050(f), as amended by sec. 11, ch. 107, SLA 1996, is amended to 18 read: 19 (f) [IF THE CHILD SUPPORT ENFORCEMENT AGENCY IS A PARTY IN 20 AN ACTION IN WHICH PATERNITY IS CONTESTED, THE AGENCY SHALL 21 REQUEST THE COURT TO ORDER THE TESTS AND PROCEDURES 22 DESCRIBED IN (e) OF THIS SECTION.] The child support enforcement agency 23 may recover the costs of testing ordered under (e) of this section from the alleged 24 father unless the testing establishes that the individual is not the father [TESTS 25 AS A COST OF THE ACTION], except that costs may not be recovered from a 26 person who is a recipient of assistance under AS 47.27 (Alaska temporary assistance 27 program). 28 * Sec. 42. AS 25.20.050(h) is amended to read: 29 (h) The tribunal [COURT] in a paternity action shall give full faith and credit 30 to a determination of paternity made by another state, whether established through 31 voluntary acknowledgment or through administrative or judicial procedures.
01 * Sec. 43. AS 25.20.050 is amended by adding new subsections to read: 02 (i) If a tribunal finds that good cause exists not to order genetic testing after 03 considering the best interests of the child, the tribunal may not order testing under (e) 04 of this section. 05 (j) Invoices, bills, or other standard documents showing charges for medical 06 and related costs of pregnancy, childbirth, or genetic testing are admissible in an action 07 to establish paternity without testimony or other evidence from the medical or other 08 provider or third-party payor to provide the foundation for admissibility of the 09 documents. The documents shall constitute prima facie evidence of the amounts 10 incurred for such charges. 11 (k) Upon the motion of the child support enforcement agency or another party 12 in the action to establish paternity, the tribunal shall issue a temporary order for 13 support of the child whose paternity is being determined. The order shall be effective 14 until the tribunal issues a final order on paternity and a permanent order for support 15 is issued or the tribunal dismisses the action. The temporary order may only be issued 16 if the tribunal finds clear and convincing evidence of the paternity of the putative 17 father on the basis of the results of the genetic tests and other evidence admitted in the 18 proceeding. 19 (l) The tribunal shall consider a completed and signed form for acknowledging 20 paternity that meets the requirements of AS 18.50.165(a) as a legal finding of paternity 21 for a child born out of wedlock. For an acknowledgment signed on or after 22 July 1, 1997, the acknowledgment may only be withdrawn by the earlier of the 23 following dates: (1) 60 days after the date that the person signed it, or (2) the date on 24 which judicial or administrative procedures are initiated to establish child support for, 25 or to determine paternity of, the child who is the subject of the acknowledgement. 26 After this time period has passed, the acknowledgment may only be contested in 27 superior court on the basis of fraud, duress, or material mistake. The parent wishing 28 to contest the acknowledgment carries the burden of proof by a preponderance of the 29 evidence. Unless good cause is shown, the court may not stay child support or other 30 legal responsibilities while the action to contest the acknowledgment is pending. 31 (m) If a parent signs an acknowledgment of paternity under (a) of this section
01 and does not successfully challenge the acknowledgment under (l) of this section, the 02 child born out of wedlock is considered legitimated and the heir of the parent without 03 further action of the tribunal to ratify the acknowledgment of paternity. 04 (n) On and after July 1, 1997, a paternity order or an acknowledgment made 05 under this section must include the social security numbers, if ascertainable, of the 06 following persons: 07 (1) the father; 08 (2) the mother; 09 (3) the child. 10 (o) In this section, unless the context requires otherwise, "tribunal" means a 11 court, administrative agency, or quasi-judicial entity authorized by state law to 12 determine parentage. 13 * Sec. 44. AS 25.20.055 is amended by adding a new subsection to read: 14 (d) Notwithstanding (a) of this section, the Department of Health and Social 15 Services may adopt regulations to establish exceptions for good cause that identify 16 circumstances under which a hospital is not required to comply with (a) of this section. 17 A hospital may be excused from complying with (a) of this section if the hospital 18 meets those regulatory requirements. 19 * Sec. 45. AS 25.24.160 is amended by adding a new subsection to read: 20 (d) In a judgment issued under this section, the court shall include the social 21 security numbers, if ascertainable, of the following persons: 22 (1) each party to the action; 23 (2) each child whose rights are addressed in the judgment. 24 * Sec. 46. AS 25.24.170(b) is amended to read: 25 (b) For the purposes of a motion to modify or terminate child support, the 26 adoption or enactment of guidelines or a significant amendment to guidelines for 27 determining support is a material change in circumstances [,] if the guidelines are 28 relevant to the motion. As necessary to comply with 42 U.S.C. 666, a periodic 29 modification of child support may be made without a showing of a material 30 change in circumstances. 31 * Sec. 47. AS 25.24.210(e) is amended by adding a new paragraph to read:
01 (12) the social security numbers, if ascertainable, of the following 02 persons: 03 (A) both spouses to the marriage being dissolved; 04 (B) each child whose rights are being addressed in the petition 05 for dissolution. 06 * Sec. 48. AS 25.24.230 is amended by adding a new subsection to read: 07 (i) In a judgment issued under this section, the court shall include the social 08 security numbers, if ascertainable, of the following persons: 09 (1) each party to the dissolution of marriage; 10 (2) each child whose rights are addressed in the judgment. 11 * Sec. 49. AS 25.24 is amended by adding a new section to read: 12 Sec. 25.24.920. Provision of information to child support enforcement 13 agency. For purposes of 42 U.S.C. 666 and AS 25.27.193, when a court order or 14 judgment provides for child support to be paid, the clerk of the court shall provide a 15 copy of the order or judgment to the child support enforcement agency created in 16 AS 25.27.010. 17 * Sec. 50. AS 25.25.101(7) is amended to read: 18 (7) "initiating state" means a state from [IN] which a proceeding is 19 forwarded or in which a proceeding is filed for forwarding to a responding state 20 under this chapter or a law or procedure substantially similar to this chapter, or 21 under a law or procedure substantially similar to [THE FORMER PROVISIONS 22 OF THIS CHAPTER,] the Uniform Reciprocal Enforcement of Support Act [,] or the 23 Revised Uniform Reciprocal Enforcement of Support Act [IS FILED FOR 24 FORWARDING TO A RESPONDING STATE]; 25 * Sec. 51. AS 25.25.101(16) is amended to read: 26 (16) "responding state" means a state in [TO] which a proceeding is 27 filed or to which a proceeding is forwarded for filing from an initiating state under 28 this chapter or a law or procedure substantially similar to this chapter, or under a 29 law or procedure substantially similar to [THE FORMER PROVISIONS OF THIS 30 CHAPTER,] the Uniform Reciprocal Enforcement of Support Act or the Revised 31 Uniform Reciprocal Enforcement of Support Act;
01 * Sec. 52. AS 25.25.101(19) is amended to read: 02 (19) "state" means a state of the United States, the District of 03 Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession 04 subject to the jurisdiction of the United States; the term "state" includes a foreign 05 jurisdiction that has enacted a law or established procedures for issuance and 06 enforcement of support orders that are substantially similar to the procedures under this 07 chapter or under the Uniform Reciprocal Enforcement of Support Act or the 08 Revised Uniform Reciprocal Enforcement of Support Act; 09 * Sec. 53. AS 25.25.207 is repealed and reenacted to read: 10 Sec. 25.25.207. Recognition of controlling child support order. (a) If a 11 proceeding is brought under this chapter and only one tribunal has issued a child 12 support order, the order of that tribunal is controlling and shall be recognized. 13 (b) If a proceeding is brought under this chapter and two or more child support 14 orders have been issued by tribunals of this state or another state with regard to the 15 same obligor and child, a tribunal of this state shall apply the following rules in 16 determining which order to recognize for purposes of continuing, exclusive 17 jurisdiction: 18 (1) if only one of the tribunals would have continuing, exclusive 19 jurisdiction under this chapter, the order of that tribunal is controlling and shall be 20 recognized; 21 (2) if more than one of the tribunals would have continuing, exclusive 22 jurisdiction under this chapter, an order issued by a tribunal in the current home state 23 of the child shall be recognized, but, if an order has not been issued in the current 24 home state of the child, the order most recently issued is controlling and shall be 25 recognized; 26 (3) if none of the tribunals would have continuing, exclusive 27 jurisdiction under this chapter, the tribunal of this state having jurisdiction over the 28 parties shall issue a child support order, which is controlling and shall be recognized. 29 (c) If two or more child support orders have been issued for the same obligor 30 and child and if the obligor or the individual obligee resides in this state, a party may 31 request a tribunal of this state to determine which order controls and shall be
01 recognized under (b) of this section. The request shall be accompanied by a certified 02 copy of every support order in effect. Every party whose rights may be affected by 03 a determination of the controlling order shall be given notice of the request for that 04 determination. 05 (d) The tribunal that issued the order that shall be recognized as controlling 06 under (a), (b), or (c) of this section is the tribunal that has continuing, exclusive 07 jurisdiction in accordance with AS 25.25.205. 08 (e) A tribunal of this state that determines by order the identity of the 09 controlling child support order under (b)(1) or (2) of this section, or that issues a new 10 controlling child support order under (b)(3) of this section, shall include in that order 11 the basis upon which the tribunal made its determination. 12 (f) Within 30 days after issuance of the order determining the identity of the 13 controlling order, the party obtaining that order shall file a certified copy of that order 14 with each tribunal that had issued or registered an earlier order of child support. 15 Failure of the party obtaining the order to file a certified copy as required under this 16 subsection subjects that party to appropriate sanctions by a tribunal in which the issue 17 of failure to file arises, but that failure has no effect on the validity or enforceability 18 of the controlling order. 19 * Sec. 54. AS 25.25.301(b) is amended to read: 20 (b) This chapter provides for the following proceedings: 21 (1) establishment of an order for child support or spousal support under 22 AS 25.25.401; 23 (2) enforcement of a support order and income withholding order of 24 another state without registration under AS 25.25.501 - 25.25.507 [AS 25.25.501 - 25 25.25.502]; 26 (3) registration of an order for child support or spousal support of 27 another state for enforcement under AS 25.25.601 - 25.25.614 [AS 25.25.601 - 28 25.25.612]; 29 (4) modification of an order for child support or spousal support issued 30 by a tribunal of this state under AS 25.25.203 - 25.25.206; 31 (5) registration of an order for child support of another state for
01 modification under AS 25.25.601 - 25.25.614 [AS 25.25.601 - 25.25.612]; 02 (6) determination of parentage under AS 25.25.701; and 03 (7) assertion of jurisdiction over nonresidents under AS 25.25.201 - 04 25.25.202. 05 * Sec. 55. AS 25.25.304 is amended by adding a new subsection to read: 06 (b) If a responding state has not enacted a law or procedure substantially 07 similar to this chapter, a tribunal of this state may issue a certificate or other 08 documents and make findings required by the law of the responding state. If the 09 responding state is a foreign jurisdiction, the tribunal may specify the amount of 10 support sought and provide other documents necessary to satisfy the requirements of 11 the responding state. 12 * Sec. 56. AS 25.25.305(a) is amended to read: 13 (a) When a responding tribunal of this state receives a complaint or 14 comparable pleading from an initiating tribunal or directly under AS 25.25.301(c), it 15 shall cause the complaint or pleading to be filed and notify the petitioner [BY FIRST 16 CLASS MAIL] where and when it was filed. 17 * Sec. 57. AS 25.25.305(e) is amended to read: 18 (e) If a responding tribunal of this state issues an order under this chapter, the 19 tribunal shall send a copy of the order [BY FIRST CLASS MAIL] to the petitioner 20 and the respondent and to the initiating tribunal, if any. 21 * Sec. 58. AS 25.25.306 is amended to read: 22 Sec. 25.25.306. Inappropriate tribunal. If a complaint or comparable 23 pleading is received by an inappropriate tribunal of this state, it shall forward the 24 complaint or pleading, and accompanying documents, to an appropriate tribunal in this 25 state or another state and notify the petitioner [BY FIRST CLASS MAIL] where and 26 when the complaint or pleading was sent. 27 * Sec. 59. AS 25.25.307(b) is amended to read: 28 (b) In providing services under this chapter to the petitioner, the child support 29 enforcement agency shall, as appropriate, 30 (1) take all steps necessary to enable an appropriate tribunal in this 31 state or another state to obtain jurisdiction over the respondent;
01 (2) request an appropriate tribunal to set a date, time, and place for a 02 hearing; 03 (3) make a reasonable effort to obtain all relevant information, 04 including information as to income and property of the parties; 05 (4) send written notice from an initiating, responding, or registering 06 tribunal to the petitioner [BY FIRST CLASS MAIL] within two days of receipt, 07 exclusive of Saturdays, Sundays, and legal holidays; 08 (5) send a copy of a written communication from the respondent or the 09 respondent's attorney to the petitioner [BY FIRST CLASS MAIL] within two days of 10 receipt, exclusive of Saturdays, Sundays, and legal holidays; and 11 (6) notify the petitioner if jurisdiction over the respondent cannot be 12 obtained. 13 * Sec. 60. AS 25.25.310 is amended to read: 14 Sec. 25.25.310. Duties of state information and locator agency. The child 15 support enforcement agency is the state information agency under this chapter, and it 16 shall 17 (1) compile and maintain a current list, including addresses, of the 18 tribunals [COURTS] in this state that have jurisdiction under this chapter and the 19 appropriate agency offices in this state and transmit a copy to the state information 20 agency of every other state; 21 (2) maintain a register of tribunals and support enforcement agencies 22 received from other states; 23 (3) forward to the appropriate tribunal in this state all documents 24 concerning a proceeding under this chapter received from an initiating tribunal or the 25 state information agency of the initiating state; and 26 (4) obtain information concerning the location of the obligor and the 27 obligor's property within this state that is not exempt from execution by postal 28 verification and federal or state locator services, examination of telephone directories, 29 requests for the obligor's address from employers, and examination of governmental 30 records, including, to the extent not prohibited by other law, those relating to real 31 property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses,
01 and social security. 02 * Sec. 61. AS 25.25.312 is amended to read: 03 Sec. 25.25.312. Nondisclosure of information in exceptional circumstances. 04 Upon [SUBJECT TO THE PROVISIONS OF AS 25.27.275 AND UPON] a finding, 05 which may be made ex parte, that the health, safety, or liberty of a party or child 06 would be unreasonably put at risk by the disclosure of identifying information, or if 07 an existing order so provides, a tribunal shall order that the address of the child or 08 party or other identifying information not be disclosed in a pleading or other document 09 filed in a proceeding under this chapter. 10 * Sec. 62. AS 25.25.501 is repealed and reenacted to read: 11 Sec. 25.25.501. Employer's receipt of income withholding order of another 12 state. An income withholding order issued in another state may be sent to the person 13 or entity defined as the obligor's employer under AS 25.27 without first filing a 14 complaint or comparable pleading or registering the order with a tribunal of this state. 15 * Sec. 63. AS 25.25.502 is repealed and reenacted to read: 16 Sec. 25.25.502. Employer's compliance with income withholding order of 17 another state. (a) Upon receipt of an order under AS 25.25.501, the obligor's 18 employer shall immediately provide a copy of the order to the obligor. 19 (b) The employer shall treat an income withholding order issued in another 20 state that appears regular on its face as if it were issued by a tribunal of this state. 21 (c) Except as provided by (d) of this section and AS 25.25.503, the employer 22 shall withhold and distribute the funds as directed in the withholding order by 23 complying with the terms of the order, as applicable, that specify 24 (1) the duration and the amount of periodic payments of current child 25 support, stated as a sum certain; 26 (2) the person or agency designated to receive payments and the 27 address to which the payments are to be forwarded; 28 (3) medical support, whether in the form of periodic cash payment, 29 stated as a sum certain, or an order to the obligor to provide health insurance coverage 30 for the child under a policy available through the obligor's employment; 31 (4) the amount of periodic payments of fees and costs for a support
01 enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums 02 certain; and 03 (5) the amount of periodic payments of arrearages and interest on 04 arrearages, stated as sums certain. 05 (d) The employer shall comply with the law of the state of the obligor's 06 principal place of employment for withholding from income with respect to 07 (1) the employer's fee for processing an income withholding order; 08 (2) the maximum amount permitted to be withheld from the obligor's 09 income; and 10 (3) the time periods within which the employer must implement the 11 withholding order and forward the child support payment. 12 * Sec. 64. AS 25.25 is amended by adding new sections to article 5 to read: 13 Sec. 25.25.503. Compliance with multiple income withholding orders. If 14 an obligor's employer receives multiple orders to withhold support from the earnings 15 of the same obligor, the employer shall be considered to have satisfied the terms of the 16 multiple orders if the employer complies with the law of the state of the obligor's 17 principal place of employment to establish the priorities for withholding and allocating 18 income withheld for multiple child support orders. 19 Sec. 25.25.504. Immunity from civil liability. An employer who complies 20 with an income withholding order issued in another state in accordance with 21 AS 25.25.501 - 25.25.505 is not subject to civil liability to an individual or agency 22 with regard to the employer's withholding of child support from the obligor's income. 23 Sec. 25.25.505. Penalties for noncompliance. An employer who wilfully fails 24 to comply with an income withholding order issued by another state and received for 25 enforcement is subject to the same penalties that may be imposed for noncompliance 26 with an order issued by a tribunal of this state. 27 Sec. 25.25.506. Contest by obligor. (a) An obligor may contest the validity 28 or enforcement of an income withholding order issued in another state and received 29 directly by an employer in this state in the same manner as if the order were issued 30 by a tribunal of this state. The provisions of AS 25.25.604 apply to the contest. 31 (b) The obligor shall give notice of the contest to
01 (1) a support enforcement agency providing services to the obligee; 02 (2) each employer that has directly received an income withholding 03 order; and 04 (3) if 05 (A) a person or an agency is designated to receive payments in 06 the income withholding order, to that person or agency; or 07 (B) no person or agency is designated to receive payments in 08 the income withholding order, to the obligee. 09 Sec. 25.25.507. Administrative enforcement of orders. (a) A party seeking 10 to enforce a support order or an income withholding order, or both, issued by a 11 tribunal of another state may send the documents required for registering the order to 12 the child support enforcement agency of this state. 13 (b) Upon receipt of the documents, the child support enforcement agency, 14 without initially seeking to register the order, shall consider and, if appropriate, use 15 any administrative procedure authorized by the law of this state to enforce a support 16 order or an income withholding order, or both. If the obligor does not contest 17 administrative enforcement, the order need not be registered. If the obligor contests 18 the validity or administrative enforcement of the order, the child support enforcement 19 agency shall register the order under this chapter. 20 * Sec. 65. AS 25.25.602(a) is amended to read: 21 (a) A support order or income withholding order of another state may be 22 registered in this state by sending the following documents and information to a 23 tribunal of this state: 24 (1) a letter of transmittal to the tribunal requesting registration and 25 enforcement; 26 (2) two copies, including one certified copy, of all orders to be 27 registered, including any modification of an order; 28 (3) a sworn statement by the party seeking registration or a certified 29 statement by the custodian of the records showing the amount of any arrearage; 30 (4) the name of the obligor and, if known, 31 (A) the obligor's address and social security number;
01 (B) the name and address of the obligor's employer and any 02 other source of income of the obligor; 03 (C) a description and the location of property in this state of the 04 obligor not exempt from execution; and 05 (D) the names [NAME] and addresses [ADDRESS] of all 06 potential third-party [THIRD PARTY] resources, including a health insurer, 07 that might be available to meet the requirements of a medical support order; 08 and 09 (5) the name and address of the obligee and, if applicable, the agency 10 or person to whom support payments are to be remitted. 11 * Sec. 66. AS 25.25.605(a) is amended to read: 12 (a) When a support order or income withholding order issued in another state 13 is registered, the registering tribunal shall notify the nonregistering party. [NOTICE 14 SHALL BE GIVEN BY FIRST CLASS, CERTIFIED, OR REGISTERED MAIL OR 15 BY ANY MEANS OF PERSONAL SERVICE AUTHORIZED BY THE LAW OF 16 THIS STATE.] The notice must be accompanied by a copy of the registered order and 17 the documents and relevant information accompanying the order. 18 * Sec. 67. AS 25.25.605(b) is amended to read: 19 (b) The notice must inform the nonregistering party 20 (1) that a registered order is enforceable as of the date of registration 21 in the same manner as an order issued by a tribunal of this state; 22 (2) that a hearing to contest the validity or enforcement of the 23 registered order must be requested within 20 days after [THE DATE OF MAILING 24 OR PERSONAL SERVICE OF THE] notice; 25 (3) that failure to contest the validity or enforcement of the registered 26 order in a timely manner will result in confirmation of the order and enforcement of 27 the order and the alleged arrearages and precludes further contest of that order with 28 respect to any matter that could have been asserted; and 29 (4) of the amount of alleged arrearages. 30 * Sec. 68. AS 25.25.606(a) is amended to read: 31 (a) A nonregistering party seeking to contest the validity or enforcement of a
01 registered order in this state shall request a hearing within 20 days after the [DATE 02 OF MAILING OR PERSONAL SERVICE OF] notice of the registration. The 03 nonregistering party may seek to vacate the registration, to assert a defense to an 04 allegation of noncompliance with the registered order, or to contest the remedies being 05 sought or the amount of alleged arrearages under AS 25.25.607. 06 * Sec. 69. AS 25.25.606(c) is amended to read: 07 (c) If a nonregistering party requests a hearing to contest the validity or 08 enforcement of the registered order, the registering tribunal shall schedule the matter 09 for hearing and give notice to the parties [BY FIRST CLASS MAIL] of the date, time, 10 and place of the hearing. 11 * Sec. 70. AS 25.25.609 is amended to read: 12 Sec. 25.25.609. Procedure to register child support order of another state 13 for modification. If a party or the child support enforcement agency seeks to modify, 14 or to modify and enforce, a child support order issued in another state but not 15 registered in this state, the party or agency shall register that order in this state in the 16 same manner provided in AS 25.25.601 - 25.25.608 [AS 25.25.601 - 25.25.604]. A 17 complaint for modification may be filed at the same time as a request for registration, 18 or later. The pleading must specify the grounds for modification. 19 * Sec. 71. AS 25.25.611(a) is amended to read: 20 (a) After a child support order issued in another state has been registered in 21 this state, unless the provisions of AS 25.25.613 apply, the responding tribunal of this 22 state may modify that order only if, after notice and an opportunity for hearing, it finds 23 that 24 (1) the following requirements are met: 25 (A) the child, the individual obligee, and the obligor do not 26 reside in the issuing state; 27 (B) a petitioner who is not a resident of this state seeks 28 modification; and 29 (C) the respondent is subject to the personal jurisdiction of the 30 tribunal of this state; or 31 (2) an individual party or the child is subject to the personal jurisdiction
01 of the tribunal and all of the individual parties have filed a written consent in the 02 issuing tribunal providing that a tribunal of this state may modify the support order and 03 assume continuing, exclusive jurisdiction over the order; however, if the issuing state 04 is a foreign jurisdiction that has not enacted a law or procedure substantially 05 similar to this chapter, the written consent of the individual party residing in this 06 state is not required for the tribunal to assume jurisdiction to modify the child 07 support order. 08 * Sec. 72. AS 25.25.611(c) is amended to read: 09 (c) A tribunal of this state may not modify any aspect of a child support order 10 that may not be modified under the law of the issuing state. If two or more tribunals 11 have issued child support orders for the same obligor and child, the order that 12 is controlling and must be recognized under the provisions of AS 25.25.207 13 establishes the nonmodifiable aspects of the support order. 14 * Sec. 73. AS 25.25.612 is amended to read: 15 Sec. 25.25.612. Recognition of order modified in another state. A tribunal 16 of this state shall recognize a modification of its earlier child support order by a 17 tribunal of another state that assumed jurisdiction under this chapter or a law or 18 procedure substantially similar to this chapter and, upon request, except as otherwise 19 provided in this chapter, shall 20 (1) enforce the order that was modified only as to amounts accruing 21 before the modification; 22 (2) enforce only nonmodifiable aspects of that order; 23 (3) provide other appropriate relief only for violations of that order that 24 occurred before the effective date of the modification; and 25 (4) recognize the modifying order of the other state, upon registration, 26 for the purpose of enforcement. 27 * Sec. 74. AS 25.25 is amended by adding new sections to article 6 to read: 28 Sec. 25.25.613. Jurisdiction to modify support order of another state when 29 individual parties reside in this state. (a) If all of the individual parties reside in 30 this state and the child does not reside in the issuing state, a tribunal of this state has 31 jurisdiction to enforce and to modify the issuing state's child support order in a
01 proceeding to register that order. 02 (b) A tribunal of this state exercising jurisdiction as provided in this section 03 shall apply the provisions of AS 25.25.101 - 25.25.209 and 25.25.601 - 25.25.614 to 04 the enforcement or modification proceeding. AS 25.25.301 - 25.25.507, 25.25.701, 05 25.25.801, and 25.25.802 do not apply, and the tribunal shall apply the procedural and 06 substantive law of this state. 07 Sec. 25.25.614. Notice to issuing tribunal of modification. Within 30 days 08 after issuance of a modified child support order, the party obtaining the modification 09 shall file a certified copy of the order with the issuing tribunal that had continuing, 10 exclusive jurisdiction over the earlier order and with each tribunal in which the party 11 knows that an earlier order has been registered. Failure of the party obtaining the 12 order to file a certified copy as required subjects that party to appropriate sanctions by 13 a tribunal in which the issue of failure to file arises, but that failure has no effect on 14 the validity or enforceability of the modified order of the new tribunal of continuing, 15 exclusive jurisdiction. 16 * Sec. 75. AS 25.25.701(a) is amended to read: 17 (a) A tribunal of this state may serve as an initiating or responding tribunal in 18 a proceeding brought under this chapter or a law or procedure substantially similar 19 to this chapter, a law or procedure substantially similar to the former provisions of 20 this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised 21 Uniform Reciprocal Enforcement of Support Act to determine whether the petitioner 22 is a parent of a particular child or to determine whether a respondent is a parent of that 23 child. 24 * Sec. 76. AS 25.27.020(a)(2) is amended to read: 25 (2) adopt regulations to carry out the purposes of this chapter and AS 25.25, 26 including regulations that establish 27 (A) [SCHEDULES FOR DETERMINING THE AMOUNT AN 28 OBLIGOR IS LIABLE TO CONTRIBUTE TOWARD THE SUPPORT OF AN 29 OBLIGEE UNDER THIS CHAPTER AND UNDER 42 U.S.C. 651 - 669 30 (TITLE IV-D, SOCIAL SECURITY ACT); 31 (B)] procedures for hearings conducted under AS 25.27.170 and
01 for administrative enforcement of support orders; 02 (B) [(C)] subject to AS 25.27.025 and to federal law, a uniform 03 rate of interest on arrearages of support that shall be charged the obligor upon 04 notice if child support payments are 10 or more days overdue or if payment is 05 made by a check backed by insufficient funds; however, an obligor may not be 06 charged interest on late payment of a child support obligation, other than a 07 payment on arrearages, if the obligor is 08 (i) employed and income is being withheld from the 09 obligor's wages under an income withholding order; 10 (ii) receiving unemployment compensation and child 11 support obligations are being withheld from the obligor's unemployment 12 payments under AS 23.20.401; or 13 (iii) receiving compensation for disabilities under 14 AS 23.30 and child support obligations are being withheld from the 15 obligor's compensation payments; [AND] 16 (C) [(D)] procedures for establishing and disestablishing 17 paternity under AS 25.27.165 and 25.27.166 [AS 25.27.165 - 25.27.166], 18 including procedures for hearings; and 19 (D) procedures under which the agency shall enter into 20 contracts or agreements with financial institutions, including brokerage 21 houses, insurance companies, and other companies providing individual 22 investment, transaction, or deposit accounts, doing business in the state to 23 develop and operate an automated data match system as required by 42 24 U.S.C. 666(a)(17). 25 * Sec. 77. AS 25.27.020(a)(6) is amended to read: 26 (6) disburse support payments collected by the agency to the obligee, 27 together with interest charged under (2)(B) [(2)(C)] of this subsection; 28 * Sec. 78. AS 25.27.020(a)(13) is amended to read: 29 (13) act as the central registry for all child support orders and 30 exchange information as required by federal law. 31 * Sec. 79. AS 25.27.020(a) is amended by adding a new paragraph to read:
01 (14) act as the state disbursement unit or, at the agency's discretion, 02 enter into contracts or agreements with contractors, directly responsible to the agency, 03 to perform some or all of the functions of the state disbursement unit. 04 * Sec. 80. AS 25.27.020 is amended by adding new subsections to read: 05 (d) The agency may issue an administrative order or request a court order that 06 requires an individual in arrears under an order of support for a child who is receiving 07 assistance under AS 47.07, or under AS 47.25.310 - 47.25.420 or a successor program, 08 to make payments according to an approved payment plan or, if the individual is not 09 incapacitated, to participate in appropriate work activities. 10 (e) To the extent required by federal law and as necessary for locating 11 individuals for child support purposes, the agency, the child support enforcement 12 agency of another state, or the federal government is entitled to have access to 13 information used by the Department of Public Safety or a successor agency to locate 14 an individual for purposes relating to motor vehicles or law enforcement. 15 * Sec. 81. AS 25.27.025 is amended to read: 16 Sec. 25.27.025. Rate of interest. The rate of interest imposed under 17 AS 25.27.020(a)(2)(B) [AS 25.27.020(a)(2)(C)] shall be six percent a year or a lesser 18 rate that is the maximum rate of interest permitted to be imposed under federal law. 19 * Sec. 82. AS 25.27.040(a), as amended by sec. 13, ch. 107, SLA 1996, is amended to 20 read: 21 (a) The agency may appear on behalf of minor children or their mother or 22 legal custodian or the state and initiate efforts to have the paternity of children born 23 out of wedlock determined by the court. When the agency is a party to a court action 24 in which paternity is contested, it shall request and pay for genetic testing and 25 procedures under AS 25.20.050(e) and may recover the costs of the testing as 26 provided in AS 25.20.050(f). [THE AGENCY MAY RECOVER THE COSTS OF 27 THE TESTS AS A COST OF THE COURT ACTION, EXCEPT THAT COSTS MAY 28 NOT BE RECOVERED FROM A PERSON WHO IS A RECIPIENT OF 29 ASSISTANCE UNDER AS 47.27 (ALASKA TEMPORARY ASSISTANCE 30 PROGRAM).] 31 * Sec. 83. AS 25.27.045 is amended to read:
01 Sec. 25.27.045. Determination of support obligation. (a) The parent of a 02 child has a duty to support the child regardless of whether an order, decree, or 03 judgment for support has been entered by a tribunal. 04 (b) The agency may appear in an action seeking an award of support on behalf 05 of a child owed a duty of support, or to enforce a spousal support order if a spousal 06 support obligation has been established and if a support obligation, established with 07 respect to a child of that spouse, is also being administered, and may also appear in 08 an action seeking modification of a support order, decree or judgment already entered. 09 Action under this section may be undertaken upon application of an obligee, or upon 10 application of the agency at the agency's own discretion [IF THE OBLIGOR IS 11 LIABLE TO THE STATE UNDER AS 25.27.120(a) OR (b)]. 12 * Sec. 84. AS 25.27 is amended by adding a new section to read: 13 Sec. 25.27.055. Relief from judgment, decree, or order for support based 14 on false information. If a judgment, a decree, or an order that provides for child 15 support is entered or modified by a tribunal based upon information submitted by a 16 party who knows that the information is false, at the discretion of the tribunal or on 17 request of the party, the tribunal may vacate the judgment, decree, or order and enter 18 a new judgment, decree, or order covering the same time period, correctly stating the 19 child support obligation. Such an action is not a retroactive modification for purposes 20 of Rule 90.3(h)(2), Alaska Rules of Civil Procedure. 21 * Sec. 85. AS 25.27.062(d) is amended to read: 22 (d) Income withholding under a support order that does not require immediate 23 income withholding and that is not being enforced by the agency may be initiated 24 either by filing a motion with the court and complying with applicable court rules or, 25 if there is a child support arrearage, by making a written request to the agency 26 for immediate income withholding under AS 25.27.150. Application to the agency 27 under this subsection may not, by itself, be construed as a request for other 28 services of the agency. If immediate withholding under this subsection is sought 29 through a motion to the court, the [. THE] court shall order the beginning of income 30 withholding under this subsection if the court finds that any of the grounds in (c)(1), 31 (2), or (3)(B) [(c)(1), (c)(2), OR (c)(3)(B)] of this section is satisfied. It is not a
01 defense to a motion based on (c)(2) of this section that less than one full month's 02 payment is past due by 30 days if at least one full month's payment was past due by 03 30 days on the date the motion was filed. Notice to the obligor of income withholding 04 ordered under this subsection must be given in a manner that complies with court 05 rules. In this subsection, "past due by 30 days" means unpaid 30 days after the 06 monthly due date specified in the support order. 07 * Sec. 86. AS 25.27.062(e) is amended to read: 08 (e) The agency or the person who obtains an income withholding order under 09 this chapter shall immediately send a copy of the income withholding order, a copy 10 of the relevant provisions of AS 25.27.260 and this section, and an explanation of the 11 effect of the statutes to persons who may owe money to an obligor. These items may 12 be sent by first class mail or certified mail, return receipt requested, or they may be 13 served personally by a process server, except that the agency alternatively may send 14 the items by electronic means. An income withholding order made under this chapter 15 is binding upon a person, employer, political subdivision, or department of the state 16 immediately upon receipt of a copy of the income withholding order. An employer 17 shall immediately begin withholding the specified amount from the employee's wages. 18 The amount withheld shall be sent to the agency within seven business days after 19 the date the amount would otherwise have been paid or credited to the employee 20 [(1) 14 WORKING DAYS AFTER THE MAILING DATE ON THE ORDER OF 21 WITHHOLDING OR 14 WORKING DAYS AFTER THE DATE ON WHICH THE 22 ORDER WAS PERSONALLY SERVED, WHICHEVER IS APPLICABLE, OR (2) 23 ON THE FIRST DAY OF THE NEXT PAY PERIOD, IF EARLIER. THE AMOUNT 24 WITHHELD SHALL BE SENT TO THE AGENCY WITHIN 10 WORKING DAYS 25 AFTER THE DATE THE EMPLOYEE IS PAID]. An employer may, for each 26 payment made under an order, deduct $5 from other wages or salary owed to the 27 obligor. 28 * Sec. 87. AS 25.27.062(f) is amended to read: 29 (f) An employer may not discharge, discipline, or refuse to employ an obligor 30 on the basis of an income withholding order issued under this chapter. If an employer 31 discharges, disciplines, or refuses to employ an obligor because of an income
01 withholding obligation, the court, after notice and hearing, may order reinstatement or 02 restitution to the obligor, or both. A person who violates this subsection or a 03 regulation adopted to implement it, is liable for a civil penalty of not more than 04 $10,000 [$1,000]. 05 * Sec. 88. AS 25.27.062(j) is amended to read: 06 (j) An employer may combine into a single payment to the agency amounts 07 withheld from more than one obligor if the employer specifies the portion of the 08 payment attributable to each obligor and complies with the time deadlines set out 09 in (e) of this section. 10 * Sec. 89. AS 25.27.075 is repealed and reenacted to read: 11 Sec. 25.27.075. Employment information. (a) An employer doing business 12 in the state shall report to the agency the hiring, rehiring, or returning to work of each 13 employee within the time limits set out in (b) of this section. The report must contain 14 the name, address, social security number, and date of hire for each of those 15 employees, the name and address of the employer, and the identifying number assigned 16 to the employer by the Internal Revenue Service under 26 U.S.C. 6109. 17 (b) An employer required to report under (a) of this section may make the 18 report by either of the following methods: 19 (1) if the report is submitted magnetically or electronically, the report 20 shall be made in a format mutually agreed upon by the employer and the agency; 21 employers using this reporting method shall comply with (a) of this section by 22 transmitting two monthly reports not less than 12 days nor more than 16 days apart; 23 or 24 (2) if the report is not made magnetically or electronically, the report 25 shall be made on an Internal Revenue Service W-4 form or, at the option of the 26 employer, an equivalent form; the report may be transmitted by first class mail and 27 must be received by the agency within 20 days after the date of the hiring, rehiring, 28 or returning to work of the employee. 29 (c) An employer that does business in this state and that has employees in at 30 least one other state is not required to comply with (a) of this section if the employer 31 (1) submits, magnetically or electronically, timely reports of its
01 employees to the state directory in another state in which the employer has employees 02 if the directory serves the same purpose as the directory maintained under (a) of this 03 section and the employer makes the report in compliance with the laws of that state; 04 and 05 (2) provides written notification of its choice to the Secretary of Health 06 and Human Services. 07 (d) An employer of an obligor or a labor union of which an obligor is a 08 member shall promptly provide to the agency, or the child support enforcement agency 09 of another state, information requested regarding an employee's or contractor's 10 compensation, employment, wages or salary, and occupation. The information required 11 under this subsection is in addition to the information, if any, required under (a) of this 12 section. 13 (e) For each employee reported under this section, an employer may deduct 14 $1 from wages or salary owed to that employee to cover the cost of reporting. 15 (f) In addition to another penalty under law, an employer or a labor union that 16 knowingly violates this section, or a regulation adopted under this section, is liable for 17 a civil penalty of not more than $1,000. 18 (g) In this section, 19 (1) "employee" means an individual who is an employee within the 20 meaning of 26 U.S.C. 3401(c), but does not include an employee of a federal or state 21 agency performing intelligence or counterintelligence functions if the head of that 22 agency has determined that reporting under this section with respect to the employee 23 could endanger the safety of the employee or compromise an ongoing investigation or 24 intelligence mission; 25 (2) "employer" has the meaning given in AS 25.27.900; 26 (3) "labor organization" has the meaning given that term in 29 U.S.C. 27 152; "labor organization" includes an entity sometimes known as a hiring hall that is 28 used by the organization and an employer to carry out requirements described in 29 29 U.S.C. 158(f)(3) of an agreement between the organization and the employer. 30 * Sec. 90. AS 25.27.085 is amended to read: 31 Sec. 25.27.085. Subpoenas. The agency [, WITH THE CONCURRENCE OF
01 THE COMMISSIONER OF REVENUE,] may subpoena persons, books, records, and 02 documents to 03 (1) obtain any financial or other information needed to establish, 04 modify, or enforce a child support order [DETERMINE THE EXTENT AND 05 LOCATION OF ASSETS OF ANY OBLIGOR WHO IS MORE THAN 45 DAYS IN 06 ARREARS IN A CHILD SUPPORT OBLIGATION ESTABLISHED EITHER BY 07 COURT OR ADMINISTRATIVE ORDER]; 08 (2) determine the paternity of a child under AS 25.27.165; or 09 (3) disestablish the paternity of a child under AS 25.27.166. 10 * Sec. 91. AS 25.27.085 is amended by adding new subsections to read: 11 (b) An administrative subpoena issued under this section shall be delivered by 12 first class mail. Proof of service may be completed according to Rule 5, Alaska Rules 13 of Civil Procedure. 14 (c) A person who is issued an administrative subpoena shall be provided an 15 opportunity to refuse to comply with it for good cause by filing a request for a 16 conference with the agency in this state in the manner and within the time specified 17 in regulations adopted by the agency. Good cause shall be limited to mistake in 18 identity of the person or to a prohibition under law to release such information. 19 (d) After a conference requested under (c) of this section, the agency shall 20 issue an order on the request relating to good cause. If the person continues to refuse 21 to comply with the administrative subpoena, the agency in this state shall issue an 22 order to impose a civil penalty of $10 for each day of noncompliance with the 23 subpoena. 24 (e) In addition to being subject to possible criminal penalties, a person who 25 avoids, prevents, or obstructs compliance, in whole or part, with an administrative 26 subpoena issued under this section, or who unlawfully removes from a place, conceals, 27 withholds, destroys, falsifies, mutilates, or alters books, records, or documents 28 requested in the administrative subpoena, is subject to a civil fine by the superior 29 court, upon petition of the agency, of not more than $5,000 for each act or occurrence. 30 (f) An order imposing a civil penalty under this section is a final 31 administrative decision and may be appealed under AS 25.27.210.
01 (g) This section does not limit the ability of the agency to make other lawful 02 requests for information. 03 * Sec. 92. AS 25.27 is amended by adding a new section to read: 04 Sec. 25.27.086. Subpoenas issued by agency of another state. (a) If the 05 child support enforcement agency of another state issues a subpoena regarding persons, 06 books, records, or documents in this state, the subpoena must be complied with as if 07 it were issued by this state's child support enforcement agency if 08 (1) the subpoena is for obtaining 09 (A) financial or other information needed to establish, modify, 10 or enforce a support order; or 11 (B) information needed to determine or disestablish the paternity 12 of a child under the laws of the state in which the subpoena was issued; and 13 (2) the issuing agency complied with AS 25.27.085(b). 14 (b) The procedures in or adopted under AS 25.27.085(c) and (d) apply to a 15 person who is issued a subpoena described in (a) of this section. 16 (c) The child support enforcement agency of this state shall enforce a subpoena 17 described in (a) of this section and shall provide the opportunity for conference and 18 issue any order under AS 25.27.085(c) and (d) on behalf of the issuing agency. 19 AS 25.27.085(f) applies to an order under this subsection. 20 (d) The penalties provided in AS 25.27.085 apply regarding a subpoena 21 described in (a) of this section. 22 (e) Nothing in this section limits the ability of a child support enforcement 23 agency of another state to make other lawful requests for information in this state. 24 * Sec. 93. AS 25.27.100(a) is amended to read: 25 (a) The agency shall provide aid to any person due child support under the 26 laws of this state upon application. The [SUBJECT TO (b) OF THIS SECTION, 27 THE] agency may, by regulation, impose a fee for services provided under this 28 chapter. 29 * Sec. 94. AS 25.27.103 is amended to read: 30 Sec. 25.27.103. Payments to agency. An obligor shall [MAY] make child 31 support payments to the agency if the agency is enforcing a duty of child support
01 under AS 25.25 or this chapter. [AN OBLIGOR MAY PAY MONEY TO THE 02 AGENCY TO SATISFY THE OBLIGOR'S IMMEDIATE DUTY OF CHILD 03 SUPPORT AS WELL AS ANY ADDITIONAL AMOUNT OF MONEY INTENDED 04 BY THE OBLIGOR TO BE USED FOR SUPPORT OF THE CHILD.] The agency 05 shall disburse that portion of a payment that exceeds the amount of money necessary 06 to satisfy the obligor's immediate duty of support in accordance with state and federal 07 requirements [THE INSTRUCTIONS OF THE OBLIGOR]. The agency shall credit 08 money disbursed under this subsection toward satisfaction of the obligor's duty of 09 support. 10 * Sec. 95. AS 25.27.105 is amended to read: 11 Sec. 25.27.105. Audit of collections. Within 30 working days after receipt 12 of a written request from an obligor, the obligor's legal representative, the obligee, or 13 the obligee's legal representative, the agency shall provide an audit of all child support 14 payments made by the obligor and received by the agency. The audit shall include the 15 date and amount of each payment, the name of the obligee, and the total amount of 16 arrearages of support past due and amount of unpaid penalties and interest imposed 17 under AS 25.27.020(a)(2)(B) [AS 25.27.020(a)(2)(C)]. The agency is required to 18 provide only one audit each year for each obligee and obligor under this section. 19 * Sec. 96. AS 25.27.120(c) is amended to read: 20 (c) Within 30 days after the agency knows the identity and address of an 21 obligor who resides in the state and who is liable to the state under this section, the 22 agency shall send written notification by certified mail to the obligor and the obligee 23 [PARENT] of the obligor's accruing liability and that the obligor shall make child 24 support payments to the agency. The notice required under this subsection must be 25 in clear, concise, and easily readable language. The notice may accompany other 26 communications by the agency. 27 * Sec. 97. AS 25.27.150(a) is amended to read: 28 (a) If an arrearage occurs under [IN ORDER TO INITIATE INCOME 29 WITHHOLDING FOR] a support order being enforced by the agency for which 30 immediate income withholding is not required under AS 25.27.062(a) or an 31 application is made to the agency for withholding under AS 25.27.062(d), the
01 agency may execute an income withholding order without prior notice to the 02 obligor. At the time of execution, the agency shall serve a notice of [ITS INTENT 03 TO INITIATE] income withholding on the obligor. Notice under this subsection shall 04 be served upon the obligor by certified mail to the obligor's last known address, and 05 service is complete when the notice is properly addressed, certified, and mailed. 06 * Sec. 98. AS 25.27.150(c) is amended to read: 07 (c) The notice shall inform the obligor that [THE] income withholding has 08 been ordered and of the procedures to follow if the obligor wishes to contest 09 withholding on the grounds that the withholding is improper due to a mistake of 10 fact. The notice must also inform the obligor of the information that was 11 provided to the employer in the document that ordered the withholding [ORDER 12 WILL TAKE EFFECT 15 DAYS AFTER THE DATE ON WHICH THE NOTICE IS 13 SERVED UNLESS THE OBLIGOR REQUESTS A HEARING WITHIN 15 DAYS 14 AFTER THE NOTICE IS SERVED. IF THE OBLIGOR REQUESTS A HEARING, 15 AN INCOME WITHHOLDING ORDER MAY NOT TAKE EFFECT UNTIL THE 16 CONCLUSION OF THE HEARING]. 17 * Sec. 99. AS 25.27.150(e) is amended to read: 18 (e) The conference [APPEALS] officer shall inform the obligor of the 19 informal conference decision [,] either at the informal conference hearing or within 20 15 days after the hearing [, WHETHER OR NOT THE WITHHOLDING WILL 21 OCCUR AND OF THE DATE ON WHICH IT IS TO COMMENCE]. 22 * Sec. 100. AS 25.27.150(f) is amended to read: 23 (f) If the conference [APPEALS] officer determines that withholding will 24 continue [OCCUR], the obligor may request a formal hearing [,] as provided in the 25 department's regulations. [THE INCOME WITHHOLDING ORDER SHALL BE 26 ISSUED AND WITHHOLDING SHALL BEGIN UNDER THE PROCEDURES IN 27 AS 25.27.062, WHETHER OR NOT THE OBLIGOR REQUESTS A FORMAL 28 HEARING, UNLESS THE OBLIGOR POSTS SECURITY OR A BOND IN THE 29 AMOUNT THAT WOULD HAVE BEEN WITHHELD PENDING THE OUTCOME 30 OF A FORMAL HEARING.] 31 * Sec. 101. AS 25.27.160(b) is amended to read:
01 (b) The notice and finding of financial responsibility served under (a) of this 02 section must state 03 (1) the sum or periodic payments for which the alleged obligor is found 04 to be responsible under this chapter [, CALCULATED BY TAKING INTO 05 CONSIDERATION THE NEED OF THE ALLEGED OBLIGEE, THE ALLEGED 06 OBLIGOR'S LIABILITY TO THE STATE UNDER AS 25.27.120 IF ANY, AND 07 THE DUTY OF SUPPORT UNDER THE LAW]; 08 (2) the name of the alleged obligee and the obligee's custodian; 09 (3) that the alleged obligor may appear and show cause in a hearing 10 held by the agency why the finding is incorrect, should not be finally ordered, and 11 should be modified or rescinded, because 12 (A) no duty of support is owed; or 13 (B) the amount of support found to be owed is incorrect; 14 (4) that, if the person served with the notice and finding of financial 15 responsibility does not request a hearing within 30 days, the property and income of 16 the person will be subject to execution under AS 25.27.062 and 25.27.230 - 25.27.270 17 in the amounts stated in the finding without further notice or hearing. 18 * Sec. 102. AS 25.27.165(a) is amended to read: 19 (a) Upon application from a mother, custodian, putative father, or legal 20 custodian of a child, or from a state, the agency may institute administrative 21 proceedings to determine the paternity of a child born out of wedlock. 22 * Sec. 103. AS 25.27.165(b) is amended to read: 23 (b) In order to initiate a paternity proceeding administratively, the agency shall 24 serve a mother and putative father, as appropriate, with a notice of paternity and 25 financial responsibility. The notice shall be served personally as set out in Rule 4(d), 26 Alaska Rules [RULE] of Civil Procedure, [4(d)] or by registered, certified, or insured 27 mail, return receipt requested, for restricted delivery only to the person to whom the 28 notice is directed or to the person authorized under federal law to receive that person's 29 restricted delivery mail. The notice must be accompanied by 30 (1) an administrative order requiring that the mother, child, and putative 31 father submit to genetic testing to be arranged by the agency and stating that a party
01 may provide information to show good cause not to order the testing; 02 (2) an administrative order requiring the putative father to provide 03 financial information, as defined by the agency in regulation, within 20 days after 04 service of the notice; all financial information provided to the agency under an order 05 under this paragraph shall be held confidential by the agency, according to any 06 applicable regulations; and 07 (3) a notice of right to informal conference, to be held within 20 days 08 after receipt of an admission of paternity or service upon the parties of genetic test 09 results. 10 * Sec. 104. AS 25.27.165(d) is amended to read: 11 (d) Upon receipt of genetic test results, the agency shall serve on the putative 12 father notice of the test results and of the date for the informal conference. Service 13 of the notice shall be made by first class mail. If the genetic test results are negative 14 under the standard set in AS 25.20.050(d), the agency shall issue a finding of 15 nonpaternity within 20 days after the agency's receipt of the test results. If the genetic 16 test results are positive under the standard set in AS 25.20.050(d), the agency shall 17 issue an informal conference decision within 20 days after the agency's receipt of the 18 test results. Upon request and advance payment by a party, the agency shall order 19 additional genetic tests. If the second genetic test results contradict the first 20 genetic test results, the agency shall provide copies of the second genetic test 21 results to the parties and conduct another informal conference. The agency shall 22 issue the second informal conference decision within 20 days after the agency's 23 receipt of the second genetic test results. 24 * Sec. 105. AS 25.27.165(i), as amended by sec. 21, ch. 107, SLA 1996, is amended to 25 read: 26 (i) The agency may recover any costs it pays for genetic tests required by this 27 section from the putative father unless the testing establishes that the individual 28 is not the father, except that costs may not be recovered from a person who is a 29 recipient of assistance under AS 47.27 (Alaska temporary assistance program). 30 * Sec. 106. AS 25.27.165 is amended by adding new subsections to read: 31 (j) A decision establishing paternity or an admission of paternity under this
01 section must include the social security numbers, if ascertainable, of the father, mother, 02 and the child. 03 (k) Notwithstanding any other provision of this section, if the agency 04 determines, after considering the best interests of the child, that good cause exists not 05 to order genetic testing under this section, it shall, without ordering the genetic testing 06 and as the agency determines appropriate in the best interests of the child, 07 (1) end the administrative proceedings under this section without 08 making a determination of paternity; or 09 (2) after a hearing provided for under regulations adopted by the 10 agency, enter a final decision regarding paternity. 11 * Sec. 107. AS 25.27.166(a) is amended to read: 12 (a) The agency shall, by regulation, establish procedures and standards for the 13 disestablishment of paternity of a child whose paternity was established in this state 14 other than by court order if the paternity was not established by 15 (1) genetic test results that met the standard set out in AS 25.20.050(d) 16 at the time the test was performed; or 17 (2) an acknowledgment of paternity under AS 25.20.050 or an 18 admission of paternity under AS 25.27.165. 19 * Sec. 108. AS 25.27.190(a) is amended to read: 20 (a) Unless a support order has been entered by a court and except as 21 provided in AS 25.25, the obligor, or the obligee or the obligee's custodian, may 22 petition the agency or its designee for a modification of the administrative finding or 23 decision of responsibility previously entered with regard to future periodic support 24 payments. In addition, the agency may initiate a modification and grant a hearing 25 under (c) - (e) of this section. 26 * Sec. 109. AS 25.27.190(c) is amended to read: 27 (c) If a hearing is granted, the agency shall serve a notice of hearing together 28 with a copy of any [THE] petition and affidavits submitted on the obligee or the 29 obligee's custodian and the obligor personally or by registered, certified, or insured 30 mail, return receipt requested, for restricted delivery only to the person to whom the 31 notice is directed or to the person authorized under federal regulation to receive that
01 person's restricted delivery mail. 02 * Sec. 110. AS 25.27 is amended by adding a new section to read: 03 Sec. 25.27.193. Periodic review or adjustment of support orders. As 04 necessary to comply with 42 U.S.C. 666, the agency, by regulation, shall provide 05 procedures and standards for the modification, through periodic review or adjustment, 06 of a support order. Regulations adopted under this section must include procedures 07 for periodic notice of the right to request review, procedures for hearings, and 08 standards for adjustments regarding future periodic support payments. A modification 09 under this section may be made without a showing of a material change in 10 circumstances. 11 * Sec. 111. AS 25.27.200 is amended to read: 12 Sec. 25.27.200. Use of standards in administrative determinations of 13 support amounts. In making its findings under AS 25.27.160 and in establishing and 14 modifying amounts of periodic support payments under AS 25.27.180 and 25.27.190, 15 the agency shall apply the standards and guidelines set by the Alaska Supreme 16 Court in court rules, as amended from time to time [CONSIDER THE 17 STANDARDS ADOPTED BY REGULATION UNDER AS 25.27.020 AND ANY 18 STANDARDS FOR DETERMINATION OF SUPPORT PAYMENTS USED BY THE 19 SUPERIOR COURT OF THE DISTRICT OF RESIDENCE OF THE OBLIGOR]. 20 * Sec. 112. AS 25.27.230(a) is amended to read: 21 (a) At the expiration of 30 days after (1) the date of distribution of an income 22 withholding order under AS 25.27.062; [,] (2) the date of service of a notice and 23 finding of financial responsibility under AS 25.27.160; [,] or (3) the date of service of 24 a decision establishing paternity under AS 25.27.165 [AS 25.27.165(c) OR (d)], the 25 agency may assert a lien upon the real or personal property of the obligor [,] in the 26 amount of the obligor's liability. 27 * Sec. 113. AS 25.27.230 is amended by adding new subsections to read: 28 (e) A lien arising under the child support laws of another state shall be given 29 full faith and credit in this state and may be asserted in this state upon the real or 30 personal property of the obligor, in the amount of the obligor's liability, by complying 31 with the requirements of this section.
01 (f) A lien recorded under this section is a judgment lien and may be enforced 02 by execution under AS 09.35 in the full amount of the obligor's liability at the time 03 of execution. 04 * Sec. 114. AS 25.27.240(a) is amended to read: 05 (a) The agency of this state or another state, or a person seeking to enforce 06 a child support obligation, may, at any time after recording of a lien recorded under 07 AS 25.27.230, serve a copy of the lien upon any person, political subdivision, or 08 department of the state possessing earnings, or deposits or balances held in any bank 09 account of any nature that are due, owing, or belonging to the obligor. 10 * Sec. 115. AS 25.27.244(a) is amended to read: 11 (a) The agency shall compile and maintain a list of obligors who are not in 12 substantial compliance with a support order or payment schedule negotiated under 13 (g)(1) of this section and of other persons who, after receiving appropriate notice, 14 have failed to comply with a subpoena or warrant relating to paternity or a child 15 support proceeding. The agency may not include an obligor on the list unless the 16 agency has sent to the obligor, at the obligor's most recent address on file with the 17 agency, written notice of the arrearages at least 60 days before placement on the list. 18 The list must include the names, social security numbers, dates of birth, and last 19 known addresses of the persons [OBLIGORS]. The list shall be updated by the 20 agency on a monthly basis. 21 * Sec. 116. AS 25.27.244(c) is amended to read: 22 (c) Promptly after receiving an application from an applicant and before 23 issuing or renewing a license, a licensing entity, other than one issuing recreational 24 licenses or commercial crewmember fishing licenses, shall determine whether the 25 applicant is on the most recent list provided by the agency. If the applicant is on the 26 list, the licensing entity shall immediately serve notice under (e) of this section of the 27 licensing entity's intent to withhold issuance or renewal of the license. The notice 28 shall be considered given when delivered personally to the applicant or deposited in 29 the United States mail addressed to the applicant's last known mailing address on file 30 with the licensing entity. 31 * Sec. 117. AS 25.27.244(d) is amended to read:
01 (d) Other than for a recreational license, or a commercial crewmember 02 fishing license, a [A] licensing entity shall issue a temporary license valid for a period 03 of 150 days to an applicant whose name is on the list if the applicant is otherwise 04 eligible for a license. The temporary license may not be extended. Only one 05 temporary license may be issued during a regular license term and its validity shall 06 coincide with the first 150 days of that license term. A license for the full or 07 remainder of the license term may be issued or renewed only upon compliance with 08 this section. An applicant for a recreational license is not entitled to receive a 09 temporary license under this section. If a license or application is denied under this 10 section, money paid by the applicant or licensee shall be refunded by the licensing 11 entity after retention of the temporary license fee, if any. 12 * Sec. 118. AS 25.27.244(e) is amended to read: 13 (e) Notices for use under (c), (s), and (t) of this section shall be developed by 14 each licensing entity under guidelines provided by the agency and are subject to 15 approval by the agency. The notice must include the address and telephone number 16 of the agency and shall emphasize the necessity of obtaining a release from the agency 17 as a condition for the issuance or renewal of a license. Except for notices issued 18 under (s) and (t) of this section regarding recreational licenses, the [THE] notice 19 must inform an applicant whose license is governed by (d) of this section that the 20 licensing entity shall issue a temporary license for 150 calendar days under (d) of this 21 section if the applicant is otherwise eligible and that, upon expiration of that time 22 period, the license will be denied unless the licensing entity has received a release 23 from the agency. The agency shall also develop a form that the applicant may use to 24 request a review by the agency. A copy of this form shall be included with each 25 notice sent under (c), (s), or (t) of this section. 26 * Sec. 119. AS 25.27.244(g) is amended to read: 27 (g) If the applicant wishes to challenge being included on the list, the applicant 28 shall submit to the agency a written request for review within 30 days after receiving 29 the notice under (c), (s), or (t) of this section by using the form developed under (e) 30 of this section. Within 30 days after receiving a written request for review, the agency 31 shall inform the applicant in writing of the agency's findings. The agency shall
01 immediately send a release to the appropriate licensing entity and the applicant if any 02 of the following conditions is met: 03 (1) the applicant is found to have complied with all subpoenas and 04 warrants described in (a) of this section, if applicable, and is found to be in 05 substantial compliance with each support order applicable to the applicant or has 06 negotiated an agreement with the agency for a payment schedule on arrearages and is 07 in substantial compliance with the negotiated agreement; if the applicant fails to be in 08 substantial compliance with an agreement negotiated under this paragraph, the agency 09 shall send to the appropriate licensing entity a revocation of any release previously sent 10 to the entity for that applicant; 11 (2) the applicant has submitted a timely request for review to the 12 agency, but the agency will be unable to complete the review and send notice of 13 findings to the applicant in sufficient time for the applicant to file a timely request for 14 judicial relief within the 150-day period during which the applicant's temporary license 15 is valid under (d) of this section; this paragraph applies only if the delay in completing 16 the review process is not the result of the applicant's failure to act in a reasonable, 17 timely, and diligent manner upon receiving notice from the licensing entity that the 18 applicant's name is on the list; 19 (3) the applicant has, within 30 days after receiving the agency's 20 findings following a request for review under (2) of this subsection, filed and served 21 a request for judicial relief under this section, but a resolution of that relief will not 22 be made within the 150-day period of the temporary license under (d) of this section; 23 this paragraph applies only if the delay in completing the judicial relief process is not 24 the result of the applicant's failure to act in a reasonable, timely, and diligent manner 25 upon receiving the agency's notice of findings; or 26 (4) the applicant has obtained a judicial finding of substantial 27 compliance. 28 * Sec. 120. AS 25.27.244(i) is amended to read: 29 (i) Except as otherwise provided in this section, the agency may not issue a 30 release if the applicant is not in substantial compliance with the order for support or 31 [IS NOT IN SUBSTANTIAL COMPLIANCE] with an agreement negotiated under
01 (g)(1) of this section, or is not in compliance with a subpoena or warrant described 02 in (a) of this section. The agency shall notify the applicant in writing that the 03 applicant may request any or all of the following: (1) judicial relief from the agency's 04 decision not to issue a release or the agency's decision to revoke a release under (g)(1) 05 of this section; (2) a judicial determination of substantial compliance; (3) a 06 modification of the support order. The notice must also contain the name and address 07 of the court in which the applicant may file the request for relief and inform the 08 applicant that the applicant's name shall remain on the list if the applicant does not 09 request judicial relief within 30 days after receiving the notice. The applicant shall 10 comply with all statutes and rules of court implementing this section. This section 11 does not limit an applicant's authority under other law to request an order to show 12 cause or notice of motion to modify a support order or to fix a payment schedule on 13 arrearages accruing under a support order or to obtain a court finding of substantial 14 compliance with a support order or a court finding of compliance with subpoenas 15 and warrants described in (a) of this section. 16 * Sec. 121. AS 25.27.244(j) is amended to read: 17 (j) A request for judicial relief from the agency's decision must state the 18 grounds on which relief is requested, and the judicial action shall be limited to those 19 stated grounds. Judicial relief under this subsection is not an appeal [,] and shall be 20 governed by court rules adopted to implement this section. Unless otherwise provided 21 by court rule, the court shall hold an evidentiary hearing within 20 calendar days after 22 the filing of service on the opposing party. The court's decision shall be limited to a 23 determination of each of the following issues, as applicable: 24 (1) whether there is a support order or a payment schedule on 25 arrearages; 26 (2) whether the petitioner is the obligor covered by the support order; 27 [AND] 28 (3) whether the obligor is in substantial compliance with the support 29 order or payment schedule; and 30 (4) whether the person requesting relief complied with all 31 subpoenas and warrants relating to paternity or a child support proceeding.
01 * Sec. 122. AS 25.27.244(k) is amended to read: 02 (k) If the court finds that the person requesting relief [OBLIGOR] is in 03 substantial compliance with the support order or payment schedule, and is in 04 compliance with all subpoenas and warrants described in (a) of this section, the 05 agency shall immediately send a release under (g) of this section to the appropriate 06 licensing entity and the applicant. 07 * Sec. 123. AS 25.27.244(l) is amended to read: 08 (l) If an applicant [WHEN THE OBLIGOR] is in substantial compliance with 09 a support order or payment schedule, and is in compliance with subpoenas and 10 warrants described in (a) of this section, the agency shall mail to the applicant and 11 the appropriate licensing entity a release stating that the applicant is in substantial 12 compliance or is in compliance with the subpoenas and warrants, as applicable. 13 The receipt of a release shall serve to notify the applicant and the licensing entity that, 14 for the purposes of this section, the applicant is in substantial compliance with the 15 support order or payment schedule, or is in compliance with the subpoenas and 16 warrants, unless the agency, under (a) of this section, certifies subsequent to the 17 issuance of a release that the applicant is once again not in substantial compliance with 18 a support order or payment schedule, or is not in compliance with a subpoena or 19 warrant. 20 * Sec. 124. AS 25.27.244(q)(2) is amended to read: 21 (2) "license" 22 (A) means, except as provided in (B) of this paragraph, a 23 recreational license, or a license, certificate, permit, registration, or other 24 authorization that, at the time of issuance, will be valid for more than 150 days 25 and that may be acquired from a state agency to perform an occupation, 26 including the following: 27 (i) license relating to boxing or wrestling under 28 AS 05.10; 29 (ii) authorization to perform an occupation regulated 30 under AS 08; 31 (iii) teacher certificate under AS 14.20;
01 (iv) authorization under AS 18.08 to perform emergency 02 medical services; 03 (v) asbestos worker certification under AS 18.31; 04 (vi) boiler operator's license under AS 18.60.395; 05 (vii) certificate of fitness under AS 18.62; 06 (viii) hazardous painting certification under AS 18.63; 07 (ix) security guard license under AS 18.65.400 - 08 18.65.490; 09 (x) license relating to insurance under AS 21.27; 10 (xi) employment agency permit under AS 23.15.330 - 11 23.15.520; 12 (xii) registration as a broker-dealer, agent, or investment 13 adviser under AS 45.55.030; 14 (xiii) certification as a pesticide applicator under 15 AS 46.03.320; 16 (xiv) certification as a storage tank worker or contractor 17 under AS 46.03.375; [AND] 18 (xv) certification as a water and wastewater works 19 operator under AS 46.30; and 20 (xvi) commercial crewmember fishing license under 21 AS 16.05.480 other than an entry permit or interim-use permit 22 under AS 16.43; 23 (B) does not include 24 (i) [A COMMERCIAL FISHING LICENSE UNDER 25 AS 16.05.480, INCLUDING A CREWMEMBER FISHING LICENSE; 26 (ii)] a vessel license issued under AS 16.05.490 or 27 16.05.530; 28 (ii) [(iii)] a license issued under AS 47.35; 29 (iii) [(iv)] a business license issued under AS 43.70; 30 (iv) [(v)] an entry permit or interim-use permit issued 31 under AS 16.43; or
01 (v) [(vi)] a driver's license issued under AS 28.15; 02 * Sec. 125. AS 25.27.244(q)(5) is amended to read: 03 (5) "list" means the list of obligors and other persons compiled and 04 maintained under (a) of this section; 05 * Sec. 126. AS 25.27.244(q)(6) is amended to read: 06 (6) "substantial compliance" regarding [WITH] a support order or 07 payment schedule ["] means that, with respect to a support order or a negotiated 08 payment schedule under (g) of this section, whichever is applicable, the obligor either 09 has no arrearage or has an arrearage in an amount that is not more than four times the 10 monthly obligation under the support order or payment schedule. 11 * Sec. 127. AS 25.27.244(q) is amended by adding new paragraphs to read: 12 (7) "recreational fishing" has the meaning given the term "sport fishing" 13 in AS 16.05.940; 14 (8) "recreational fishing license" means a sport fishing license under 15 AS 16.05.340; 16 (9) "recreational hunting" does not include subsistence hunting as 17 defined in AS 16.05.940, or the taking, hunting for, or possession of game under 18 AS 16.05 - AS 16.40, and regulations adopted under those statutes, for personal 19 consumption; 20 (10) "recreational hunting license" means a hunting license under 21 AS 16.05.340 and includes a big game hunt drawing permit under AS 16.05; 22 (11) "recreational license" means a recreational fishing license or a 23 recreational hunting license. 24 * Sec. 128. AS 25.27.244 is amended by adding new subsections to read: 25 (r) Notwithstanding any provision of AS 16, a commercial crewmember fishing 26 license described in (q)(2)(A)(xvi) of this section issued to an individual whose name 27 is on the list is void and invalid, and the individual is subject to criminal sanctions for 28 conducting the activities for which such a license is required. Notwithstanding any 29 provision of AS 16, a recreational license issued to an individual whose name is on 30 the list is void and invalid for recreational fishing or recreational hunting, and the 31 individual is subject to criminal sanctions for conducting the recreational fishing or
01 recreational hunting activities for which a license is required. Nothing in this 02 subsection prohibits an individual from using a recreational license to participate in 03 nonrecreational fishing or hunting activities, including subsistence fishing or hunting 04 activities and personal use fishing activities. The licensing entity for fishing and 05 hunting licenses shall print a notice on fishing and hunting license forms, including 06 commercial crewmember fishing license forms, clearly stating the provisions of this 07 subsection. 08 (s) After receiving information, including information from a licensing agent 09 appointed under AS 16.05.380, that a commercial crewmember fishing license or a 10 recreational license, other than a big game hunt drawing permit, has been issued to an 11 applicant, the licensing entity for the license shall promptly determine whether the 12 applicant was, at the time the applicant obtained the license, on the most recent list 13 provided by the agency under (b) of this section. If the applicant was on that list, the 14 licensing entity shall immediately serve notice under (e) of this section that (1) for a 15 recreational license, the license issued is void and invalid except for use for 16 nonrecreational fishing or hunting, including subsistence fishing or hunting and 17 personal use fishing, as applicable; or (2) for a commercial crewmember fishing 18 license, the license is void and invalid and that, notwithstanding the limitation of (d) 19 of this section, the applicant can request the licensing entity to issue a temporary 20 license under this section. A notice under this subsection is considered given when 21 delivered personally to the applicant or deposited in the United States mail addressed 22 to the applicant's last known mailing address on file with the licensing entity. 23 (t) Upon selection of successful applicants for a permit to take big game in a 24 drawing hunt, the licensing entity shall promptly determine whether any of the 25 successful applicants are on the most recent list provided by the agency under (b) of 26 this section. If an applicant is on that list, the licensing entity shall immediately deny 27 issuance of the permit to that applicant and give notice of the denial to the applicant 28 under (e) of this section. The notice is considered given when delivered personally to 29 the applicant or deposited in the United States mail addressed to the applicant's last 30 known mailing address on file with the licensing entity. 31 * Sec. 129. AS 25.27.246(a) is amended to read:
01 (a) The agency shall compile and maintain a list of obligors who have a 02 driver's license and are not in substantial compliance with a support order or payment 03 schedule negotiated under (f)(1) of this section and of other persons who, after 04 receiving appropriate notice, have failed to comply with a subpoena or warrant 05 relating to paternity or a child support proceeding. The agency may not include 06 an obligor on the list unless the agency has sent to the obligor, at the obligor's most 07 recent address on file with the agency, written notice of the arrearages at least 60 days 08 before placement on the list. The list must include the names, social security numbers, 09 dates of birth, and last known addresses of the persons [OBLIGORS]. The list shall 10 be updated by the agency on a monthly basis. 11 * Sec. 130. AS 25.27.246(b) is amended to read: 12 (b) The agency shall serve notice under (d) of this section to each person on 13 the list that the person's driver's license will be suspended in 150 days, and will not 14 be reissued or renewed the next time it is applied for if the person's name is on the 15 list at the time of the subsequent application, unless the licensee receives a release 16 from the agency. The notice shall be considered given when delivered personally to 17 the person [OBLIGOR] or deposited in the United States mail addressed to the 18 person's [OBLIGOR'S] last known mailing address on file with the agency. 19 * Sec. 131. AS 25.27.246(f) is amended to read: 20 (f) If a licensee wishes to challenge being included on the list, the licensee 21 shall submit to the agency a written request for review within 30 days after the notice 22 under (b) of this section was personally delivered or postmarked by using the form 23 developed under (d) of this section. Within 30 days after receiving a written request 24 for review, the agency shall inform the licensee in writing of the agency's findings. 25 The agency shall immediately send a release to the department and the licensee if any 26 of the following conditions is met: 27 (1) the licensee is found by the agency to have complied with all 28 subpoenas and warrants described in (a) of this section and is found to be in 29 substantial compliance with each support order applicable to the licensee or has 30 negotiated an agreement with the agency for a payment schedule on arrearages and is 31 in substantial compliance with the negotiated agreement; if the licensee fails to be in
01 substantial compliance with an agreement negotiated under this paragraph, the agency 02 shall send to the department a revocation of any release previously sent to the entity 03 for that licensee; 04 (2) the licensee has submitted a timely request for review to the 05 agency, but the agency will be unable to complete the review and send notice of 06 findings to the licensee in sufficient time for the licensee to file a timely request for 07 judicial relief within the 150-day period before the licensee's license will be suspended 08 under (c) of this section; this paragraph applies only if the delay in completing the 09 review process is not the result of the licensee's failure to act in a reasonable, timely, 10 and diligent manner upon receiving notice from the agency that the licensee's driver's 11 license will be suspended in 150 days; 12 (3) the licensee has, within 30 days after receiving the agency's 13 findings following a request for review under (2) of this subsection, filed and served 14 a request for judicial relief under this section, but a resolution of that relief will not 15 be made within the 150-day period before license suspension under (c) of this section; 16 this paragraph applies only if the delay in completing the judicial relief process is not 17 the result of the licensee's failure to act in a reasonable, timely, and diligent manner 18 upon receiving the agency's notice of findings; or 19 (4) the licensee has obtained a judicial finding of substantial 20 compliance. 21 * Sec. 132. AS 25.27.246(h) is amended to read: 22 (h) Except as otherwise provided in this section, the agency may not issue a 23 release if the licensee [APPLICANT] is not in substantial compliance with the order 24 for support or [IS NOT IN SUBSTANTIAL COMPLIANCE] with an agreement 25 negotiated under (f)(1) of this section, or is not in compliance with a subpoena or 26 warrant described in (a) of this section. The agency shall notify the licensee in 27 writing that the licensee may request any or all of the following: (1) judicial relief 28 from the agency's decision not to issue a release or the agency's decision to revoke 29 a release under (f)(1) of this section; (2) a judicial determination of substantial 30 compliance; (3) a modification of the support order. The notice must also contain the 31 name and address of the court in which the licensee may file the request for relief and
01 inform the licensee that the licensee's name shall remain on the list if the licensee does 02 not request judicial relief within 30 days after receiving the notice. The licensee shall 03 comply with all statutes and rules of court implementing this section. This section 04 does not limit a licensee's authority under other law to request an order to show cause 05 or notice of motion to modify a support order or to fix a payment schedule on 06 arrearages accruing under a support order or to obtain a court finding of substantial 07 compliance with a support order or a court finding of compliance with subpoenas 08 and warrants described in (a) of this section. 09 * Sec. 133. AS 25.27.246(i) is amended to read: 10 (i) A request for judicial relief from the agency's decision must state the 11 grounds on which relief is requested, and the judicial action shall be limited to those 12 stated grounds. Judicial relief under this subsection is not an appeal and shall be 13 governed by court rules adopted to implement this section. Unless otherwise provided 14 by court rule, the court shall hold an evidentiary hearing within 20 calendar days after 15 the filing of service on the opposing party. The court's decision shall be limited to a 16 determination of each of the following issues, as applicable: 17 (1) whether there is a support order or a payment schedule on 18 arrearages; 19 (2) whether the petitioner is the obligor covered by the support order; 20 [AND] 21 (3) whether the obligor is in substantial compliance with the support 22 order or payment schedule; and 23 (4) whether the person requesting relief complied with all 24 subpoenas and warrants relating to paternity or a child support proceeding. 25 * Sec. 134. AS 25.27.246(j) is amended to read: 26 (j) If the court finds that the person requesting relief [OBLIGOR] is in 27 substantial compliance with the support order or payment schedule, or is in 28 compliance with subpoenas and warrants described in (a) of this section, the 29 agency shall immediately send a release under (f) of this section to the department and 30 the licensee. 31 * Sec. 135. AS 25.27.246(k) is amended to read:
01 (k) If a licensee [WHEN THE OBLIGOR] is in substantial compliance with 02 a support order or payment schedule, and is in compliance with all subpoenas and 03 warrants described in (a) of this section, the agency shall mail to the licensee 04 [APPLICANT] and the department a release stating that the licensee is in substantial 05 compliance or is in compliance with the subpoenas and warrants, as applicable. 06 The receipt of a release shall serve to notify the licensee and the department that, for 07 the purposes of this section, the licensee [APPLICANT] is in substantial compliance 08 with the support order or payment schedule, or is in compliance with the subpoenas 09 and warrants, unless the agency, under (a) of this section, certifies subsequent to the 10 issuance of a release that the licensee is once again not in substantial compliance with 11 a support order or payment schedule, or is not in compliance with a subpoena or 12 warrant. 13 * Sec. 136. AS 25.27.246(n)(4) is amended to read: 14 (4) "list" means the list of obligors and other persons compiled and 15 maintained under (a) of this section; 16 * Sec. 137. AS 25.27.246(n)(5) is amended to read: 17 (5) "substantial compliance" regarding [WITH] a support order or 18 payment schedule ["] means that, with respect to a support order or a negotiated 19 payment schedule under (f) of this section, whichever is applicable, the obligor either 20 has no arrearage or has an arrearage in an amount that is not more than four times the 21 monthly obligation under the support order or payment schedule. 22 * Sec. 138. AS 25.27.250(a) is amended to read: 23 (a) At the expiration of (1) [15 DAYS AFTER THE DATE OF SERVICE OF 24 AN INCOME WITHHOLDING ORDER UNDER AS 25.27.062 OR NOTICE UNDER 25 AS 25.27.150, OR (2)] 30 days after the date of service of a notice and finding of 26 financial responsibility under AS 25.27.160; [,] or (2) [(3)] 30 days after service of a 27 decision establishing paternity under AS 25.27.165 [AS 25.27.165(c) OR (d)], the 28 agency may issue to any person, political subdivision, or department of the state an 29 order to withhold and deliver property without prior notice to the obligor. 30 * Sec. 139. AS 25.27.250(d) is amended to read: 31 (d) The order to withhold and deliver shall be served upon the person, political
01 subdivision, or department of the state possessing the property electronically or by 02 first class mail [IN THE MANNER PROVIDED FOR SERVICE OF LIENS UNDER 03 AS 25.27.240]. The order must state the amount of the obligor's liability and must 04 state in summary the terms of AS 25.27.260 and 25.27.270. 05 * Sec. 140. AS 25.27.250(e) is amended to read: 06 (e) Any person, political subdivision, or department of the state served with 07 an order to withhold and deliver is required to make true answers to inquiries 08 contained in the order under oath and in writing within seven business [14] days after 09 service of the order, and is further required to answer all inquiries subsequently put. 10 * Sec. 141. AS 25.27.250(f) is amended to read: 11 (f) If a person, political subdivision, or department of the state upon whom 12 service of an order to withhold and deliver has been made possesses property due, 13 owing, or belonging to the obligor, that person, subdivision, or department shall 14 withhold the property immediately upon receipt of the order and shall deliver the 15 property to the agency (1) if the property is earnings of an employee who is subject 16 to a child support order being enforced by the agency, within seven business days 17 after the amount would, but for this section, have been paid or credited to the 18 employee; or (2) in the case of all other property, within 14 business days after 19 [THE EXPIRATION OF THE 14-DAY PERIOD FROM] the date of service of the 20 order [OR EXPIRATION OF THE PERIOD SPECIFIED IN AS 25.27.062(e), 21 WHICHEVER IS EARLIER]. The agency shall hold property delivered under this 22 subsection in trust for application against the liability of the obligor under 23 AS 25.27.062, 25.27.120, or 25.27.160 or for return, without interest, depending on 24 final determination of liability or nonliability under this chapter. The agency may 25 accept a good and sufficient bond to secure payment of past, present, and future 26 support conditioned upon final determination of liability in lieu of requiring delivery 27 of property under this subsection. 28 * Sec. 142. AS 25.27.265(b) is repealed and reenacted to read: 29 (b) Each party to a paternity or child support proceeding shall file with the 30 tribunal and inform the agency of the party's name, location, social security number, 31 residential and mailing addresses, telephone number, and driver's license number, as
01 well as the name, address, and telephone number of any employer of the party. If a 02 change in this information occurs, the party shall immediately notify the tribunal and 03 the agency and provide updated information. 04 * Sec. 143. AS 25.27.265 is amended by adding a new subsection to read: 05 (c) Notwithstanding (a) of this section, if a tribunal finds that the agency has 06 made diligent efforts to give or serve a notice, paper, or other document required by 07 this chapter, the tribunal may order that service may be given upon the party by 08 sending the document by first class mail to the party's most recent mailing address on 09 file with the agency. 10 * Sec. 144. AS 25.27.273(a) is amended to read: 11 (a) The agency may provide to credit bureaus or lending institutions of any 12 kind information about delinquent support owed by obligors. The information 13 provided must consist solely of the payment history of the obligor [FOR A PERIOD 14 NOT TO EXCEED 10 YEARS BEFORE THE DATE THE INFORMATION IS 15 PROVIDED]. 16 * Sec. 145. AS 25.27.275 is repealed and reenacted to read: 17 Sec. 25.27.275. Nondisclosure of information in exceptional circumstances. 18 Upon a finding, which may be made ex parte, that the health, safety, or liberty of a 19 party or child would be unreasonably put at risk by the disclosure of identifying 20 information, or if an existing order so provides, a tribunal shall order that the address 21 of the party or child or other identifying information not be disclosed in a pleading or 22 other document filed in a proceeding under this chapter. 23 * Sec. 146. AS 25.27 is amended by adding a new section to read: 24 Sec. 25.27.279. Voiding of fraudulent transfers made to avoid payment of 25 child support. In addition to the rights provided in AS 09.25.060, if a transfer of 26 personal or real property is made by an obligor without immediate delivery and the 27 actual continuing change of possession of the property transferred, the transfer of the 28 property is presumed prima facie to be fraud against creditors for child support of the 29 obligor who transferred the property and subsequent purchasers in good faith and for 30 valuable consideration during the time the property remains in the possession of the 31 obligor who made the transfer, except that retention of possession in good faith and
01 current course of trade by a merchant seller for a commercially reasonable time after 02 the sale or identification is not fraudulent. Nothing contained in this section 03 supersedes the provisions of AS 45.01 - AS 45.09, AS 45.12, and AS 45.14 (Uniform 04 Commercial Code). 05 * Sec. 147. AS 25.27.900(3) is amended to read: 06 (3) "duty of support" includes a duty of support imposed or imposable 07 by law, by a court order, decree, or judgment, or by a finding or decision rendered 08 under this chapter whether interlocutory or final, whether incidental to a proceeding 09 for divorce, legal separation, separate maintenance, or otherwise, and includes the duty 10 to pay arrearages of support past due and unpaid together with penalties and interest 11 on arrearages imposed under AS 25.27.020(a)(2)(B) [AS 25.27.020(a)(2)(C)]; 12 * Sec. 148. AS 25.27.900(4) is repealed and reenacted to read: 13 (4) "earnings" includes income from any form of periodic payment due 14 to an individual, regardless of source; the gain derived from the investment of capital, 15 from labor, or from a combination of investment and labor; and the interest on any of 16 this income; in this paragraph, "periodic payment" includes wages, salaries, 17 commissions, bonuses, workers' compensation, disability benefits, and payments under 18 a pension or retirement program; 19 * Sec. 149. AS 25.27.900(7) is repealed and reenacted to read: 20 (7) "support order" means any judgment, decree, or order that is issued 21 by a tribunal for the support and maintenance of a child or of a child and a parent with 22 whom the child is living; "support order" includes a judgment, decree, or order 23 (A) on behalf of a child who has reached the age of majority 24 if the judgment, decree, or order was lawfully issued; and 25 (B) for 26 (i) monetary support, including arrearages; 27 (ii) payment of health care costs or maintenance of 28 health insurance; 29 (iii) reimbursement of related costs; 30 (iv) payment of attorney fees and legal costs and other 31 fees; and
01 (v) penalty, interest, and other relief as required by a 02 tribunal. 03 * Sec. 150. AS 25.27.900 is amended by adding new paragraphs to read: 04 (8) "business day" means a day on which state government offices are 05 open for regular business; 06 (9) "employer" means an individual or entity within the meaning given 07 that term in 26 U.S.C. 3401(d); "employer" includes a governmental entity or a labor 08 organization; 09 (10) "tribunal" means a court, administrative agency, or quasi-judicial 10 entity authorized to establish, enforce, or modify support orders or to determine 11 parentage. 12 * Sec. 151. AS 28.05.061 is amended by adding a new subsection to read: 13 (d) If a copy of a motor vehicle record prepared or maintained by the 14 Department of Administration is requested by the child support enforcement agency 15 created in AS 25.27.010, or the child support enforcement agency of another state, the 16 department shall provide the requesting agency with a certified copy of the record. If 17 information is prepared or maintained by the department in an electronic data base, the 18 department may give the requesting agency a copy of the electronic record and a 19 statement certifying its contents. The agency receiving information under this 20 subsection may use the information only for child support purposes authorized under 21 law. 22 * Sec. 152. AS 29.45.103 is amended by adding a new subsection to read: 23 (c) Upon request, a record described in (a) or (b) of this section shall promptly 24 be made available to the child support enforcement agency created in AS 25.27.010 25 or the child support enforcement agency of another state. If the record is prepared or 26 maintained in an electronic data base, it may be supplied by providing the requesting 27 agency with a copy of the electronic records and a statement certifying its contents. 28 The agency receiving information under this subsection may use the information only 29 for child support purposes authorized under law. 30 * Sec. 153. AS 33.30 is amended by adding a new section to read: 31 Sec. 33.30.216. Copies of records for child support purposes. If a copy of
01 a record prepared or maintained by or on behalf of the commissioner for a person in 02 the custody of the commissioner is requested by the child support enforcement agency 03 created in AS 25.27.010, or the child support enforcement agency of another state, the 04 official custodian of the record shall provide the requesting agency with a certified 05 copy of the record. If the record is prepared or maintained in an electronic data base, 06 the official custodian of the record may provide the requesting agency with a copy of 07 the electronic record and a statement certifying its contents. The agency receiving 08 information under this section may use the information only for child support purposes 09 authorized under law. 10 * Sec. 154. AS 39.25.080 is amended by adding a new subsection to read: 11 (e) In addition to any access to state personnel records authorized under (b) 12 of this section, state personnel records shall promptly be made available to the child 13 support enforcement agency created in AS 25.27.010 or the child support enforcement 14 agency of another state. If the record is prepared or maintained in an electronic data 15 base, it may be supplied by providing the requesting agency with access to the data 16 base or a copy of the information in the data base and a statement certifying its 17 contents. The agency receiving information under this subsection may use the 18 information only for child support purposes authorized under law. 19 * Sec. 155. AS 43.23.055 is amended by adding a new paragraph to read: 20 (9) provide any information, upon request, contained in permanent fund 21 dividend records to the child support enforcement agency created in AS 25.27.010, or 22 the child support enforcement agency of another state, for child support purposes 23 authorized under law; if the information is contained in an electronic data base, the 24 department shall provide the requesting agency with either 25 (A) access to the data base; or 26 (B) a copy of the information in the data base and a statement 27 certifying its contents. 28 * Sec. 156. AS 47.05.020, as amended by sec. 33, ch. 107, SLA 1996, is amended by 29 adding a new subsection to read: 30 (b) In addition to any access to public assistance records authorized under (a) 31 of this section, the department shall provide a copy of a public assistance record
01 prepared or maintained by or on behalf of the department to the child support 02 enforcement agency created in AS 25.27.010, or the child support enforcement agency 03 of another state, upon the request of the respective agency. If the record is in an 04 electronic data base, the department shall provide the requesting agency with either 05 access to the data base, or a copy of the information in the data base and a statement 06 certifying its contents. The agency receiving the information under this subsection 07 may use the information only for child support purposes authorized under law. 08 * Sec. 157. AS 47.05.030, as amended by secs. 34 and 35, ch. 107, SLA 1996, is amended 09 by adding a new subsection to read: 10 (c) It is not a violation of (a) of this section for the department or an employee 11 of the department to disclose information to the child support enforcement agency 12 created in AS 25.27.010, or the child support enforcement agency of another state, if 13 the receiving agency requests the information only for purposes authorized under 14 AS 47.05.020. 15 * Sec. 158. AS 47.27.040(b), as enacted by sec. 7, ch. 107, SLA 1996, is amended to read: 16 (b) An Alaska temporary assistance program participant shall cooperate with 17 the child support enforcement agency of the Department of Revenue in establishing 18 paternity or establishing, modifying, or enforcing a child support order requiring the 19 payment of support by the noncustodial parent for a dependent child for whom Alaska 20 temporary assistance program assistance is received. The child support enforcement 21 agency shall determine whether the participant is in good faith compliance with 22 the requirements of this subsection and shall inform the Department of Health 23 and Social Services of its determination. The Department of Health and Social 24 Services shall establish whether [UNLESS] the participant has [ESTABLISHES] 25 good cause for refusing to cooperate. 26 * Sec. 159. (a) AS 18.50.165(c); AS 25.25.611(e); AS 25.27.100(b), and 25.27.250(h) are 27 repealed. 28 (b) Section 45, ch. 107, SLA 1996, and sec. 62, ch. 107, SLA 1996, are repealed. 29 * Sec. 160. The provisions of AS 25.20.050(e), as amended by sec. 40 of this Act, and 30 AS 25.20.050(i), added by sec. 43 of this Act, have the effect of amending Rule 35, Alaska 31 Rules of Civil Procedure, by requiring the court to order genetic testing in contested paternity
01 actions in certain circumstances and preventing the court from ordering such testing if good 02 cause is shown. 03 * Sec. 161. The provisions of AS 25.20.020(k), added by sec. 43 of this Act, have the 04 effect of amending Rule 90.3, Alaska Rules of Civil Procedure, by requiring the court in a 05 paternity action to issue a temporary child support order upon a showing by clear and 06 convincing evidence of paternity. 07 * Sec. 162. The provisions of AS 25.20.050(n), AS 25.24.160(d), AS 25.24.210(e)(12), and 08 AS 25.24.230(i), added by secs. 43, 45, 47, and 48, respectively, of this Act have the effect 09 of amending Rules 52, 58, 78, and 90.1, Alaska Rules of Civil Procedure, by requiring the 10 court to include social security numbers, if ascertainable, of parties and children in certain 11 petitions, pleadings, or judgments. 12 * Sec. 163. The provisions of AS 25.24.170(b), as amended by sec. 46 of this Act, have 13 the effect of amending Rule 90.3(h)(1), Alaska Rules of Civil Procedure, by changing the 14 standard for certain modifications of a support order as necessary to comply with federal law. 15 * Sec. 164. The provisions of AS 25.27.055, added by sec. 84 of this Act, have the effect 16 of amending Rules 60(b) and 90.3(h)(2), Alaska Rules of Civil Procedure, by allowing relief 17 from a judgment, a decree, or an order when it is based on certain false information without 18 requiring that such relief be requested within a specific time. 19 * Sec. 165. The provisions of AS 25.27.265(c), added by sec. 143 of this Act, have the 20 effect of amending Rules 4 and 5, Alaska Rules of Civil Procedure, by allowing service at the 21 opposing party's last known address on file with the child support enforcement agency in 22 certain circumstances. 23 * Sec. 166. The provisions of AS 25.20.050(j), added by sec. 43 of this Act, have the 24 effect of amending Rule 901 Alaska Rules of Evidence, by limiting the discretion of the court 25 to exclude documentary evidence of specified costs in a paternity action. 26 * Sec. 167. The provisions of AS 08.08.137, as amended by sec. 9 of this Act, have the 27 effect of amending Rules 3 and 5, Alaska Bar Association Rules, by requiring applicants for 28 admission to the practice of law in the state to submit social security numbers for child 29 support purposes. 30 * Sec. 168. TRANSITION: REGULATIONS. Notwithstanding secs. 170 - 173 of this 31 Act, the child support enforcement agency and any state department or agency that is affected
01 by this Act and that has regulation adoption authority may proceed to adopt regulations 02 necessary to implement the changes made by this Act. The regulations take effect under 03 AS 44.62 (Administrative Procedure Act), but not before the effective date of the respective 04 section of this Act that the regulations are implementing. 05 * Sec. 169. Section 168 of this Act takes effect immediately under AS 01.10.070(c). 06 * Sec. 170. Except as provided in secs. 169 and 171 - 173 of this Act, this Act takes effect 07 July 1, 1997. 08 * Sec. 171. Section 158 of this Act takes effect July 1, 1997, or on the effective date of 09 AS 47.27.040, whichever is later. 10 * Sec. 172. Sections 116 - 118, 124, 127, and 128 of this Act take effect January 1, 1998. 11 * Sec. 173. The amendment to AS 25.27.244(g) that adds a reference to the notice under 12 "(s) or (t) of this section," enacted by sec. 119 of this Act, takes effect January 1, 1998.