CSSB 154(FIN): "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 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, 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(FIN) 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 immunity from civil 06 liability for good faith compliance with reporting or other requirements for child 07 support purposes; relating to voiding fraudulent transfers and to penalties for 08 noncompliance with orders for child support purposes; amending Rules 4, 5, 35, 09 52, 58, 78, 90.1, and 90.3, Alaska Rules of Civil Procedure; amending Rule 901, 10 Alaska Rules of Evidence; amending Rules 3 and 5, Alaska Bar Association 11 Rules; repealing the effective date of sec. 45, ch. 107, SLA 1996; and providing 12 for an effective date." 13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 14 * Section 1. FINDINGS; INTENT. (a) It is the legislature's firm conviction that
01 (1) children, whenever possible, should not be forced to bear the negative 02 consequences of a breakdown in their parents' relationship; 03 (2) one of the negative consequences of separations and divorces can be a 04 substantial drop in the standard of living for the children in the family if the income of their 05 noncustodial parent becomes unavailable to them; in these situations, the taxpayers of the state 06 are often forced to support the children through the state's welfare system; 07 (3) child support enforcement is one of the most effective ways to ensure that 08 children continue to be supported financially by both of their parents rather than by the state's 09 welfare system; 10 (4) child support enforcement efforts could be enhanced by having more 11 effective procedures for the establishment of paternity, more uniformity in the handling of 12 interstate child support cases, increased ability to identify and locate noncustodial parents who 13 are not supporting their children, and increased ability to track the income and assets of those 14 parents; 15 (5) identification and location of noncustodial parents and their financial 16 resources could be improved significantly by requiring that social security numbers be 17 routinely included on a wide variety of financial, occupational, and vital statistics records; 18 (6) it is in the public interest that the state continue to receive federal funds 19 to administer the state's child support enforcement program and to offset a major portion of 20 the costs of the state's welfare programs; 21 (7) the Congress has recognized that better child support enforcement can 22 decrease the government's welfare costs so the Congress included numerous new child support 23 enforcement requirements in the recent federal welfare reform act, known as the Personal 24 Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193); 25 (8) the changes required under P.L. 104-193 include changes in procedures 26 relating to paternity establishment, greater uniformity in the treatment of interstate child 27 support cases, new requirements for the inclusion of social security numbers on a wide variety 28 of records, and other state law changes that must be made in order for the state to receive 29 federal funds for its child support enforcement program and for its welfare programs. 30 (b) It is, therefore, the legislature's intent in enacting this Act to 31 (1) strengthen the state's child support enforcement efforts so that children,
01 whenever possible, continue to be supported financially by both of their parents after their 02 parents separate or divorce rather than by the state through its welfare system; and 03 (2) comply with federal requirements relating to paternity establishment, 04 interstate child support cases, social security numbers, and other matters so that federal funds 05 continue to be available to the state for the state's child support enforcement and welfare 06 programs; the legislature expects each state agency that gathers social security numbers as 07 required under this Act to comply with federal laws governing the agency's use and disclosure 08 of those numbers so as to avoid misuse of the numbers and violations of privacy laws while 09 ensuring that public documents remain available for public inspection. 10 * Sec. 2. AS 06.05 is amended by adding a new section to read: 11 Sec. 06.05.537. Copies of records for child support purposes. If a copy of 12 a record concerning an individual who owes or is owed child support, including a 13 record concerning assets and liabilities of the individual, prepared or maintained by a 14 bank of this state is requested by the child support enforcement agency established in 15 AS 25.27.010 or the child support enforcement agency of another state, the bank shall 16 provide the requesting agency with a certified copy of the record. If information is 17 prepared or maintained by the bank in an electronic data base, the bank may provide 18 the requesting agency a copy of the electronic record and a statement certifying its 19 contents. The agency receiving information under this section may use the information 20 only for child support purposes authorized under law. 21 * Sec. 3. AS 06.20.020 is amended by adding a new subsection to read: 22 (b) In addition to the requirements in (a) of this section, if a natural person 23 makes application for a license, the applicant shall supply the applicant's social 24 security number to the department. Upon request, the department shall provide the 25 social security number to the child support enforcement agency created in 26 AS 25.27.010, or the child support enforcement agency of another state, for child 27 support purposes authorized under law. 28 * Sec. 4. AS 06.40.050(a) is amended to read: 29 (a) Application for a license under this chapter shall be in writing and in the 30 form prescribed by the department. If the applicant is a natural person, the 31 application form must require submission of the applicant's social security
01 number. 02 * Sec. 5. AS 06.40.050 is amended by adding a new subsection to read: 03 (e) Upon request, the department shall provide a social security number 04 submitted under (a) of this section to the child support enforcement agency created in 05 AS 25.27.010, or the child support agency of another state, for child support purposes 06 authorized under law. 07 * Sec. 6. AS 08.01.060 is amended by adding a new subsection to read: 08 (b) If the applicant is a natural person, the application must require that the 09 applicant submit the applicant's social security number to the department. 10 Notwithstanding any other provision of this title, a license to engage in a profession 11 may not be issued by the department to a natural person unless the social security 12 number has been provided to the department. 13 * Sec. 7. AS 08.01 is amended by adding a new section to read: 14 Sec. 08.01.089. Copies of records for child support purposes. If a copy of 15 a public record concerning an individual who owes or is owed child support that is 16 prepared or maintained by the department is requested by the child support 17 enforcement agency created in AS 25.27.010 or a child support enforcement agency 18 of another state, the department shall provide the requesting agency with a certified 19 copy of the public record, including the individual's social security number. If these 20 records are prepared or maintained by the department in an electronic data base, the 21 records may be supplied by providing the requesting agency with a copy of the 22 electronic record and a statement certifying its contents. A requesting agency 23 receiving information under this section may use it only for child support purposes 24 authorized under law. 25 * Sec. 8. AS 08.01.100 is amended by adding a new subsection to read: 26 (e) Notwithstanding any other provision of this title, a renewal of a license 27 may not be issued by the department to a natural person unless the licensee's social 28 security number has been provided to the department. 29 * Sec. 9. AS 08.08.137 is amended to read: 30 Sec. 08.08.137. Fingerprints. The Board of Governors shall require an 31 applicant for admission to be fingerprinted and to provide the applicant's social
01 security number. The fingerprints shall be used to determine whether the applicant 02 has a record of criminal convictions in this state or another jurisdiction. The Board 03 of Governors may use the information obtained from the fingerprinting only in its 04 official determination of the character and fitness of the applicant for admission to the 05 Alaska Bar Association. The applicant's social security number shall be provided 06 to the child support enforcement agency established in AS 25.27.010, or the child 07 support enforcement agency of another state, upon request by the respective 08 agency; the requesting agency may use that information only for child support 09 purposes authorized under law. 10 * Sec. 10. AS 09.25.100 is amended to read: 11 Sec. 09.25.100. Disposition of tax information. Information in the possession 12 of the Department of Revenue that discloses the particulars of the business or affairs 13 of a taxpayer or other person is not a matter of public record, except for purposes of 14 child support administration as described in (b) of this section, investigation, and 15 law enforcement. The information shall be kept confidential except when its 16 production is required in response to a request for purposes of child support 17 administration as described in (b) of this section, in an official investigation, in an 18 administrative adjudication under AS 43.05.400 - 43.05.499, or in a court proceeding. 19 These restrictions do not prohibit the publication of statistics presented in a manner 20 that prevents the identification of particular reports and items, [PROHIBIT] the 21 publication of tax lists showing the names of taxpayers who are delinquent and 22 relevant information that may assist in the collection of delinquent taxes, or 23 [PROHIBIT] the publication of records, proceedings, and decisions under 24 AS 43.05.400 - 43.05.499. 25 * Sec. 11. AS 09.25.100 is amended by adding a new subsection to read: 26 (b) If a copy of a record of tax information is requested under (a) of this 27 section for the purposes of child support administration, the copy may be released only 28 to the child support enforcement agency created in AS 25.27.010 or a child support 29 enforcement agency of another state. The Department of Revenue shall provide the 30 requesting agency with a copy of the record. The requesting agency receiving 31 information under this subsection may use it only for child support purposes authorized
01 under law. 02 * Sec. 12. AS 09.55.050 is amended to read: 03 Sec. 09.55.050. Effect of presumptive death certificate. After the judge or 04 magistrate has entered an order declaring that the person is presumed to be dead either 05 under AS 09.55.020 - 09.55.060 or under the laws dealing with missing persons, the 06 judge or magistrate shall make out and sign a certificate entitled "Presumptive Death 07 Certificate" in the form and manner and containing the information required by the 08 Bureau of Vital Statistics. In addition to the information required by the Bureau 09 of Vital Statistics, the certificate must contain the decedent's social security 10 number, if ascertainable. The certificate shall be recorded by the judge or magistrate 11 and then filed with the Bureau of Vital Statistics. Upon the entry of the order and the 12 recording and filing of the "Presumptive Death Certificate" as herein provided, the 13 missing person is presumed to be dead, and the person's estate may be administered 14 in accordance with the then existing provisions of law applicable to the administration 15 of the estates of deceased persons. 16 * Sec. 13. AS 09.65 is amended by adding a new section to read: 17 Sec. 09.65.240. Immunity for certain actions related to child support. A 18 person, including the state and its subdivisions, agencies, officers, and employees, may 19 not be held liable for good faith 20 (1) compliance with a subpoena of this or another state that requests 21 information, including the social security number and employment history of a person, 22 issued by the child support enforcement agency created in AS 25.27.010, or the child 23 support enforcement agency of another state, for child support purposes authorized 24 under law; 25 (2) collection of child support, including encumbering or surrendering 26 assets in response to a notice of lien or levy for the payment of child support; or 27 (3) compliance with an income withholding notice or an order to 28 withhold and deliver that is regular on its face and is for child support purposes. 29 * Sec. 14. AS 14.20 is amended by adding a new section to read: 30 Sec. 14.20.027. Reporting of and access to social security numbers. 31 Notwithstanding AS 14.20.010 - 14.20.040, the department may not issue a teacher
01 certificate under AS 14.20.020 or a limited teacher certificate under AS 14.20.025 02 unless the applicant has supplied the department with the applicant's social security 03 number. Upon request, the department shall provide the social security number to the 04 child support enforcement agency created in AS 25.27.010, or the child support 05 enforcement agency of another state, for child support purposes authorized under law. 06 * Sec. 15. AS 16.05.450(a) is amended to read: 07 (a) The commissioner or an authorized agent shall issue a crewmember fishing 08 license under AS 16.05.480 to each qualified person who files a written application at 09 a place in the state designated by the commissioner, containing the reasonable 10 information required by the commissioner together with the required fee. The 11 commissioner shall require the reporting of the applicant's social security number 12 on the application. The application shall be simple in form and shall be executed by 13 the applicant under the penalty of unsworn falsification. 14 * Sec. 16. AS 16.05.450 is amended by adding a new subsection to read: 15 (d) Upon request, the commissioner shall provide a social security number 16 provided under (a) of this section to the child support enforcement agency created in 17 AS 25.27.010, or the child support enforcement agency of another state, for child 18 support purposes authorized under law. 19 * Sec. 17. AS 16.05.480(b) is amended to read: 20 (b) A person applying for a resident commercial license under this section 21 shall provide the person's social security number and the proof of residence that the 22 department requires by regulation. 23 * Sec. 18. AS 16.05.480 is amended by adding a new subsection to read: 24 (d) Upon request, the department shall provide a social security number 25 provided under (a) of this section to the child support enforcement agency created in 26 AS 25.27.010, or the child support agency of another state, for child support purposes 27 authorized under law. 28 * Sec. 19. AS 16.05.815(a) is amended by adding a new paragraph to read: 29 (8) any of its records and reports to the child support enforcement 30 agency created in AS 25.27.010, or the child support enforcement agency of another 31 state, for child support purposes authorized under law.
01 * Sec. 20. AS 18.50.160(e) is amended to read: 02 (e) If the mother was not married at conception, during the pregnancy, or at 03 birth, the name of the father may not be entered on the certificate of birth [,] unless 04 (1) paternity has been lawfully determined by a tribunal, in which case 05 the name of the father, if determined by the tribunal, shall be entered; 06 (2) both the mother and the man to be named as the father have 07 executed affidavits attesting that that man is the father, so long as the affidavits meet 08 the requirements of (g) of this section and AS 18.50.165; or 09 (3) [AS] otherwise specified by statute. 10 * Sec. 21. AS 18.50.165(a) is amended to read: 11 (a) The state registrar shall prepare a form for use in acknowledging paternity 12 under AS 25.20.055. On an after July 1, 1997, the form must comply with the 13 minimum requirements of 42 U.S.C. 652(a)(7). The form must include 14 (1) a statement that the man who signs the form is acknowledging that 15 the man is the natural father of the child named in the form and that the man assumes 16 the parental duty of support of that child; 17 (2) the address and social security number of both parents of the child 18 named in the form; 19 (3) signature lines for both parents; [AND] 20 (4) a signature line for either a witness or notary public; and 21 (5) on and after July 1, 1997, a statement that 22 (A) sets out the legal consequences to and the rights and 23 responsibilities of the mother and the man acknowledging paternity of 24 signing the form, including 25 (i) if one of the parents is a minor, any rights given 26 due to minority status; 27 (ii) legal alternatives to signing the form; and 28 (iii) the legal responsibility that arises from signing 29 the form; 30 (B) the mother and the man acknowledging paternity have 31 been notified that, unless fraud, duress, or material mistake of fact is
01 shown in accordance with AS 25.20.050, the acknowledgment may only be 02 rescinded by the earlier of the following dates: 03 (i) 60 days after the date of the person's signature; 04 or 05 (ii) the date of initiation of an administrative or 06 judicial procedure to establish support of the child in which the 07 person is a party; and 08 (C) the mother and the man acknowledging paternity have 09 read and understand the contents of the form. 10 * Sec. 22. AS 18.50.165 is amended by adding new subsections to read: 11 (e) An acknowledgment of paternity that met the requirements of state law at 12 the time that the acknowledgment was made in this state is not ineffective due to 13 changes in the form for acknowledgment occurring after the date that the 14 acknowledgment was made. 15 (f) An acknowledgment of paternity affidavit or form executed in another state 16 meeting that state's legal requirements shall be considered in this state as if the 17 affidavit or form was executed in compliance with this section. 18 (g) The registrar shall offer voluntary acknowledgment of paternity services 19 by making available technical assistance about the form described in this section. 20 Upon request, the registrar shall provide oral assistance to parents wishing to complete 21 the form. 22 * Sec. 23. AS 18.50.230 is amended by adding a new subsection to read: 23 (f) A death certificate issued under this section must include the decedent's 24 social security number, if ascertainable. Upon request, the registrar shall provide a 25 decedent's social security number to the child support enforcement agency created in 26 AS 25.27.010, or the child support agency of another state, for child support purposes 27 authorized under law. 28 * Sec. 24. AS 18.50.280(a) is amended to read: 29 (a) For each dissolution, divorce, and annulment of marriage granted by a 30 court in the state, the clerk of the court shall prepare and file a certificate of 31 dissolution, divorce, or annulment with the bureau, on forms prescribed and furnished
01 by the bureau. The forms must require the reporting of the social security 02 numbers of the petitioner or plaintiff and, if ascertainable, the other party to the 03 dissolution, divorce, or annulment of marriage. The petitioner or plaintiff shall 04 furnish the court with the information necessary to complete the certificate, and the 05 furnishing of this information is prerequisite to the issuance of a decree. 06 * Sec. 25. AS 18.50.280 is amended by adding a new subsection to read: 07 (c) Upon request, the bureau shall provide a social security number supplied 08 under (a) of this section to the child support enforcement agency created in 09 AS 25.27.010, or the child support enforcement agency of another state, for child 10 support purposes authorized under law. 11 * Sec. 26. AS 18.50.320 is amended to read: 12 Sec. 18.50.320. Copies of data from vital records. Except as otherwise 13 provided and in accordance with the regulations adopted under AS 18.50.310, 14 (1) the bureau and the custodian of permanent local records shall, upon 15 request, issue a certified copy of a certificate or record in their custody, or a part of 16 it; each copy issued must show the date of registration or recording, and copies issued 17 from records marked "delayed," "amended," or "court order" shall be similarly marked 18 and must show the effective date; 19 (2) a certified copy of a certificate or a part of it issued in accordance 20 with (1) of this section is considered the original for all purposes, and is prima facie 21 evidence of the facts stated, provided that the evidentiary value of a certificate or 22 record filed more than one year after the event, or a record that has been amended, or 23 a presumptive death certificate, shall be determined by the judicial or administrative 24 body or official before whom the certificate is offered as evidence; 25 (3) the National Office of Vital Statistics may be furnished the copies 26 or data it requires for national statistics [,] if the bureau is reimbursed for the cost of 27 furnishing the data; the National Office of Vital Statistics may not use the data for 28 purposes other than statistical purposes unless authorized by the state registrar; 29 (4) federal, state, local, and other public or private agencies, upon 30 request, may be furnished copies or data for statistical purposes on the terms or 31 conditions prescribed by the bureau;
01 (5) a person or agency may not prepare or issue a certificate or part of 02 a certificate that purports to be an original, certified copy, or copy of a certificate of 03 birth, death, fetal death, or marriage, except as authorized in this chapter or the 04 regulations adopted under it; 05 (6) upon request, the bureau shall furnish a copy of a certificate or 06 record registered by the bureau to the child support enforcement agency created 07 in AS 25.27.010, or the child support enforcement agency of another state, for 08 child support purposes authorized under law; such a certificate or record that is 09 prepared or maintained in an electronic data base may be supplied by providing 10 the requesting agency with a copy of the electronic certificate or record and a 11 statement certifying its contents. 12 * Sec. 27. AS 18.60.395(a) is amended to read: 13 (a) The Department of Labor shall adopt regulations for the licensing of boiler 14 operators. The regulations must conform to the generally accepted nationwide 15 standards and practices established for boiler operators. In addition to any 16 requirements adopted by regulation under this subsection, a person applying for 17 a license shall provide to the department, on the application, the person's social 18 security number. 19 * Sec. 28. AS 18.60.395 is amended by adding a new subsection to read: 20 (d) Upon request, the department shall provide a social security number 21 provided under (a) of this section to the child support enforcement agency created in 22 AS 25.27.010, or the child support enforcement agency of another state, for child 23 support purposes authorized under law. 24 * Sec. 29. AS 18.65.410 is amended to read: 25 Sec. 18.65.410. Applications. Application for a license as a security guard 26 must be made on forms provided by the commissioner. The application must require 27 the furnishing of information reasonably required by the commissioner to carry out the 28 provisions of AS 18.65.400 - 18.65.490, including classifiable fingerprints to enable 29 the search of criminal indices for evidence of a prior criminal record, and must 30 require the furnishing of the applicant's social security number if the applicant 31 is a natural person. The application must be accompanied by a nonrefundable
01 application fee of $50 for a security guard and $200 for a security guard agency. 02 * Sec. 30. AS 18.65.410 is amended by adding a new subsection to read: 03 (b) Upon request, the commissioner shall provide a social security number 04 provided under (a) of this section to the child support enforcement agency created in 05 AS 25.27.010, or the child support enforcement agency of another state, for child 06 support purposes authorized under law. 07 * Sec. 31. AS 18.72.030 is amended to read: 08 Sec. 18.72.030. Fireworks wholesaler's license. (a) A person who desires 09 to sell fireworks at wholesale in the state shall first make verified application for a 10 license to the state fire marshal on forms provided by the state fire marshal. The 11 forms must require the applicant to supply the applicant's social security number 12 if the applicant is a natural person. The application shall be accompanied by an 13 annual license fee of $50. 14 (b) The license required under (a) of this section is valid until December 31 15 of the year during which it is issued [,] and is renewable upon 16 (1) the payment of each subsequent annual license fee and affirmation 17 that the information contained in the wholesaler's original application for a fireworks 18 wholesaler's license is currently accurate; and 19 (2) supplying the wholesaler's social security number if it has not 20 previously been supplied under (a) of this section and if the wholesaler is a 21 natural person. 22 * Sec. 32. AS 21.06 is amended by adding a new section to read: 23 Sec. 21.06.255. Information for child support purposes. Notwithstanding 24 any other provision of this title, a natural person who applies for a license or requests 25 renewal of a license issued by the director under this title shall provide the director 26 with the person's social security number. Upon request, the director shall provide a 27 social security number provided under this section to the child support enforcement 28 agency created in AS 25.27.010, or the child support enforcement agency of another 29 state, for child support purposes authorized under law. 30 * Sec. 33. AS 23.20.110(e) is amended to read: 31 (e) The department shall provide information
01 (1) requested by a state or federal agency under an income and 02 eligibility verification system that meets the requirements of 42 U.S.C. 1320b-7 (Social 03 Security Act); or 04 (2) as required by federal law for child support purposes. 05 * Sec. 34. AS 23.20.110 is amended by adding a new subsection to read: 06 (o) Upon request and for child support purposes authorized under law, the 07 department shall provide to the child support enforcement agency created in 08 AS 25.27.010, or the child support enforcement agency of another state, the following: 09 (1) the name, address, social security number, ordinary occupation, and 10 employment status of each applicant for or recipient of benefits under this chapter; 11 (2) information about the applicant's or recipient's right to benefits 12 under this chapter; 13 (3) the name, address, and employer identification number of the 14 applicant's or recipient's current or former employer; 15 (4) information, if available, on the applicant or recipient concerning 16 (A) earnings or other income of the applicant or recipient; 17 (B) benefits from employment, including rights to or enrollment 18 in group health care coverage; and 19 (C) the type, status, location, and amount of assets of or debts 20 owed by or to the applicant or recipient. 21 * Sec. 35. AS 25.05.091 is amended by adding a new subsection to read: 22 (b) In addition to the requirements of (a) of this section, each contracting party 23 to the prospective marriage shall provide to the licensing officer the party's social 24 security number, if any. Upon request, the licensing officer shall provide a social 25 security number provided under this subsection to the child support enforcement 26 agency created in AS 25.27.010, or the child support enforcement agency of another 27 state, for child support purposes authorized under law. 28 * Sec. 36. AS 25.20.050(a) is amended to read: 29 (a) A child born out of wedlock is legitimated and considered the heir of the 30 putative parent when (1) the putative parent subsequently marries the undisputed parent 31 of the child; (2) for acknowledgments made before July 1, 1997, the putative parent
01 acknowledges, in writing, being a parent of the child; (3) for acknowledgments made 02 on or after July 1, 1997, the putative father and the mother both sign a form for 03 acknowledging paternity under AS 18.50.165; or (4) [(3)] the putative parent is 04 determined [JUDGED] by a superior court without jury or by another tribunal, 05 upon sufficient evidence, to be a parent of the child. Acceptable evidence includes [, 06 BUT IS NOT LIMITED TO,] evidence that the putative parent's conduct and bearing 07 toward the child, either by word or act, indicates that the child is the child of the 08 putative parent. That conduct may be construed by the tribunal [COURT] to 09 constitute evidence of parentage. When indefinite, ambiguous, or uncertain terms are 10 used, the tribunal [COURT] may use extrinsic evidence to show the putative parent's 11 intent. 12 * Sec. 37. AS 25.20.050(d) is amended to read: 13 (d) The results of a genetic test that is of a type generally acknowledged as 14 reliable by an accreditation body designated by the Secretary of Health and 15 Human Services and performed by a laboratory approved by such an 16 accreditation body [A BLOOD TEST, TISSUE-TYPE TEST, PROTEIN 17 COMPARISON, OR OTHER SCIENTIFICALLY ACCEPTED PROCEDURE] shall 18 be admitted and weighed in conjunction with other evidence in determining the 19 statistical probability that the putative parent is a legal parent of the child in question. 20 However, a genetic test described in this subsection [SCIENTIFICALLY 21 ACCEPTED PROCEDURE] that establishes a probability of parentage at 95 percent 22 or higher creates a presumption of parentage that may be rebutted only by clear and 23 convincing evidence. 24 * Sec. 38. AS 25.20.050(e) is repealed and reenacted to read: 25 (e) Except as provided in (i) of this section, in proceedings in which paternity 26 is contested, the tribunal shall order the parties, including the child, to submit to testing 27 as described in (d) of this section upon request of 28 (1) the child support enforcement agency created in AS 25.27.010 or 29 the child support enforcement agency of another state; or 30 (2) a party, including a sworn statement 31 (A) alleging the paternity of an individual and setting out facts
01 that show a reasonable possibility that the mother and that individual had 02 sexual contact that could have resulted in the conception of the child; or 03 (B) denying the paternity of an individual and setting out facts 04 that show a reasonable possibility that the mother and that individual did not 05 have sexual contact that could have resulted in the conception of the child. 06 * Sec. 39. AS 25.20.050(f), as amended by sec. 11, ch. 107, SLA 1996, is amended to 07 read: 08 (f) [IF THE CHILD SUPPORT ENFORCEMENT AGENCY IS A PARTY IN 09 AN ACTION IN WHICH PATERNITY IS CONTESTED, THE AGENCY SHALL 10 REQUEST THE COURT TO ORDER THE TESTS AND PROCEDURES 11 DESCRIBED IN (e) OF THIS SECTION.] The child support enforcement agency 12 may recover the costs of testing ordered under (e) of this section from the alleged 13 father unless the testing establishes that the individual is not the father [TESTS 14 AS A COST OF THE ACTION], except that costs may not be recovered from a 15 person who is a recipient of assistance under AS 47.27 (Alaska temporary assistance 16 program). 17 * Sec. 40. AS 25.20.050(h) is amended to read: 18 (h) The tribunal [COURT] in a paternity action shall give full faith and credit 19 to a determination of paternity made by another state, whether established through 20 voluntary acknowledgment or through administrative or judicial procedures. 21 * Sec. 41. AS 25.20.050 is amended by adding new subsections to read: 22 (i) If a tribunal finds that good cause exists not to order genetic testing after 23 considering the best interests of the child, the tribunal may not order testing under (e) 24 of this section. 25 (j) Invoices, bills, or other standard documents showing charges for medical 26 and related costs of pregnancy, childbirth, or genetic testing are admissible in an action 27 to establish paternity without testimony or other evidence from the medical or other 28 provider or third-party payor to provide the foundation for admissibility of the 29 documents. The documents shall constitute prima facie evidence of the amounts 30 incurred for such charges. 31 (k) Upon the motion of the child support enforcement agency or another party
01 in the action to establish paternity, the tribunal shall issue a temporary order for 02 support of the child whose paternity is being determined. The order shall be effective 03 until the tribunal issues a final order on paternity and a permanent order for support 04 is issued or the tribunal dismisses the action. The temporary order may only be issued 05 if the tribunal finds clear and convincing evidence of the paternity of the putative 06 father on the basis of the results of the genetic tests and other evidence admitted in the 07 proceeding. 08 (l) The tribunal shall consider a completed and signed form for acknowledging 09 paternity that meets the requirements of AS 18.50.165(a) as a legal finding of paternity 10 for a child born out of wedlock. For an acknowledgment signed on or after 11 July 1, 1997, the acknowledgment may only be withdrawn by the earlier of the 12 following dates: (1) 60 days after the date that the person signed it, or (2) the date on 13 which judicial or administrative procedures are initiated to establish child support for, 14 or to determine paternity of, the child who is the subject of the acknowledgement. 15 After this time period has passed, the acknowledgment may only be contested in 16 superior court on the basis of fraud, duress, or material mistake. The parent wishing 17 to contest the acknowledgment carries the burden of proof by a preponderance of the 18 evidence. Unless good cause is shown, the court may not stay child support or other 19 legal responsibilities while the action to contest the acknowledgment is pending. 20 (m) If a parent signs an acknowledgment of paternity under (a) of this section 21 and does not successfully challenge the acknowledgment under (l) of this section, the 22 child born out of wedlock is considered legitimated and the heir of the parent without 23 further action of the tribunal to ratify the acknowledgment of paternity. 24 (n) On and after July 1, 1997, a paternity order or an acknowledgment made 25 under this section must include the social security numbers, if ascertainable, of the 26 following persons: 27 (1) the father; 28 (2) the mother; 29 (3) the child. 30 (o) In this section, unless the context requires otherwise, "tribunal" means a 31 court, administrative agency, or quasi-judicial entity authorized by state law to
01 determine parentage. 02 * Sec. 42. AS 25.20.055 is amended by adding a new subsection to read: 03 (d) Notwithstanding (a) of this section, the Department of Health and Social 04 Services may adopt regulations to establish exceptions for good cause that identify 05 circumstances under which a hospital is not required to comply with (a) of this section. 06 A hospital may be excused from complying with (a) of this section if the hospital 07 meets those regulatory requirements. 08 * Sec. 43. AS 25.24.160 is amended by adding a new subsection to read: 09 (d) In a judgment issued under this section, the court shall include the social 10 security numbers, if ascertainable, of the following persons: 11 (1) each party to the action; 12 (2) each child whose rights are addressed in the judgment. 13 * Sec. 44. AS 25.24.170(b) is amended to read: 14 (b) For the purposes of a motion to modify or terminate child support, the 15 adoption or enactment of guidelines or a significant amendment to guidelines for 16 determining support is a material change in circumstances [,] if the guidelines are 17 relevant to the motion. As necessary to comply with 42 U.S.C. 666, a periodic 18 modification of child support may be made without a showing of a material 19 change in circumstances. 20 * Sec. 45. AS 25.24.210(e) is amended by adding a new paragraph to read: 21 (12) the social security numbers, if ascertainable, of the following 22 persons: 23 (A) both spouses to the marriage being dissolved; 24 (B) each child whose rights are being addressed in the petition 25 for dissolution. 26 * Sec. 46. AS 25.24.230 is amended by adding a new subsection to read: 27 (i) In a judgment issued under this section, the court shall include the social 28 security numbers, if ascertainable, of the following persons: 29 (1) each party to the dissolution of marriage; 30 (2) each child whose rights are addressed in the judgment. 31 * Sec. 47. AS 25.24 is amended by adding a new section to read:
01 Sec. 25.24.920. Provision of information to child support enforcement 02 agency. For purposes of 42 U.S.C. 666 and AS 25.27.193, when a court order or 03 judgment provides for child support to be paid, the clerk of the court shall provide a 04 copy of the order or judgment to the child support enforcement agency created in 05 AS 25.27.010. 06 * Sec. 48. AS 25.25.101(7) is amended to read: 07 (7) "initiating state" means a state from [IN] which a proceeding is 08 forwarded or in which a proceeding is filed for forwarding to a responding state 09 under this chapter or a law or procedure substantially similar to this chapter, or 10 under a law or procedure substantially similar to [THE FORMER PROVISIONS 11 OF THIS CHAPTER,] the Uniform Reciprocal Enforcement of Support Act [,] or the 12 Revised Uniform Reciprocal Enforcement of Support Act [IS FILED FOR 13 FORWARDING TO A RESPONDING STATE]; 14 * Sec. 49. AS 25.25.101(16) is amended to read: 15 (16) "responding state" means a state in [TO] which a proceeding is 16 filed or to which a proceeding is forwarded for filing from an initiating state under 17 this chapter or a law or procedure substantially similar to this chapter, or under a 18 law or procedure substantially similar to [THE FORMER PROVISIONS OF THIS 19 CHAPTER,] the Uniform Reciprocal Enforcement of Support Act or the Revised 20 Uniform Reciprocal Enforcement of Support Act; 21 * Sec. 50. AS 25.25.101(19) is amended to read: 22 (19) "state" means a state of the United States, the District of 23 Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession 24 subject to the jurisdiction of the United States; the term "state" includes a foreign 25 jurisdiction that has enacted a law or established procedures for issuance and 26 enforcement of support orders that are substantially similar to the procedures under this 27 chapter or under the Uniform Reciprocal Enforcement of Support Act or the 28 Revised Uniform Reciprocal Enforcement of Support Act; 29 * Sec. 51. AS 25.25.207 is repealed and reenacted to read: 30 Sec. 25.25.207. Recognition of controlling child support order. (a) If a 31 proceeding is brought under this chapter and only one tribunal has issued a child
01 support order, the order of that tribunal is controlling and shall be recognized. 02 (b) If a proceeding is brought under this chapter and two or more child support 03 orders have been issued by tribunals of this state or another state with regard to the 04 same obligor and child, a tribunal of this state shall apply the following rules in 05 determining which order to recognize for purposes of continuing, exclusive 06 jurisdiction: 07 (1) if only one of the tribunals would have continuing, exclusive 08 jurisdiction under this chapter, the order of that tribunal is controlling and shall be 09 recognized; 10 (2) if more than one of the tribunals would have continuing, exclusive 11 jurisdiction under this chapter, an order issued by a tribunal in the current home state 12 of the child shall be recognized, but, if an order has not been issued in the current 13 home state of the child, the order most recently issued is controlling and shall be 14 recognized; 15 (3) if none of the tribunals would have continuing, exclusive 16 jurisdiction under this chapter, the tribunal of this state having jurisdiction over the 17 parties shall issue a child support order, which is controlling and shall be recognized. 18 (c) If two or more child support orders have been issued for the same obligor 19 and child and if the obligor or the individual obligee resides in this state, a party may 20 request a tribunal of this state to determine which order controls and shall be 21 recognized under (b) of this section. The request shall be accompanied by a certified 22 copy of every support order in effect. Every party whose rights may be affected by 23 a determination of the controlling order shall be given notice of the request for that 24 determination. 25 (d) The tribunal that issued the order that shall be recognized as controlling 26 under (a), (b), or (c) of this section is the tribunal that has continuing, exclusive 27 jurisdiction in accordance with AS 25.25.205. 28 (e) A tribunal of this state that determines by order the identity of the 29 controlling child support order under (b)(1) or (2) of this section, or that issues a new 30 controlling child support order under (b)(3) of this section, shall include in that order 31 the basis upon which the tribunal made its determination.
01 (f) Within 30 days after issuance of the order determining the identity of the 02 controlling order, the party obtaining that order shall file a certified copy of that order 03 with each tribunal that had issued or registered an earlier order of child support. 04 Failure of the party obtaining the order to file a certified copy as required under this 05 subsection subjects that party to appropriate sanctions by a tribunal in which the issue 06 of failure to file arises, but that failure has no effect on the validity or enforceability 07 of the controlling order. 08 * Sec. 52. AS 25.25.301(b) is amended to read: 09 (b) This chapter provides for the following proceedings: 10 (1) establishment of an order for child support or spousal support under 11 AS 25.25.401; 12 (2) enforcement of a support order and income withholding order of 13 another state without registration under AS 25.25.501 - 25.25.507 [AS 25.25.501 - 14 25.25.502]; 15 (3) registration of an order for child support or spousal support of 16 another state for enforcement under AS 25.25.601 - 25.25.614 [AS 25.25.601 - 17 25.25.612]; 18 (4) modification of an order for child support or spousal support issued 19 by a tribunal of this state under AS 25.25.203 - 25.25.206; 20 (5) registration of an order for child support of another state for 21 modification under AS 25.25.601 - 25.25.614 [AS 25.25.601 - 25.25.612]; 22 (6) determination of parentage under AS 25.25.701; and 23 (7) assertion of jurisdiction over nonresidents under AS 25.25.201 - 24 25.25.202. 25 * Sec. 53. AS 25.25.304 is amended by adding a new subsection to read: 26 (b) If a responding state has not enacted a law or procedure substantially 27 similar to this chapter, a tribunal of this state may issue a certificate or other 28 documents and make findings required by the law of the responding state. If the 29 responding state is a foreign jurisdiction, the tribunal may specify the amount of 30 support sought and provide other documents necessary to satisfy the requirements of 31 the responding state.
01 * Sec. 54. AS 25.25.305(a) is amended to read: 02 (a) When a responding tribunal of this state receives a complaint or 03 comparable pleading from an initiating tribunal or directly under AS 25.25.301(c), it 04 shall cause the complaint or pleading to be filed and notify the petitioner [BY FIRST 05 CLASS MAIL] where and when it was filed. 06 * Sec. 55. AS 25.25.305(e) is amended to read: 07 (e) If a responding tribunal of this state issues an order under this chapter, the 08 tribunal shall send a copy of the order [BY FIRST CLASS MAIL] to the petitioner 09 and the respondent and to the initiating tribunal, if any. 10 * Sec. 56. AS 25.25.306 is amended to read: 11 Sec. 25.25.306. Inappropriate tribunal. If a complaint or comparable 12 pleading is received by an inappropriate tribunal of this state, it shall forward the 13 complaint or pleading, and accompanying documents, to an appropriate tribunal in this 14 state or another state and notify the petitioner [BY FIRST CLASS MAIL] where and 15 when the complaint or pleading was sent. 16 * Sec. 57. AS 25.25.307(b) is amended to read: 17 (b) In providing services under this chapter to the petitioner, the child support 18 enforcement agency shall, as appropriate, 19 (1) take all steps necessary to enable an appropriate tribunal in this 20 state or another state to obtain jurisdiction over the respondent; 21 (2) request an appropriate tribunal to set a date, time, and place for a 22 hearing; 23 (3) make a reasonable effort to obtain all relevant information, 24 including information as to income and property of the parties; 25 (4) send written notice from an initiating, responding, or registering 26 tribunal to the petitioner [BY FIRST CLASS MAIL] within two days of receipt, 27 exclusive of Saturdays, Sundays, and legal holidays; 28 (5) send a copy of a written communication from the respondent or the 29 respondent's attorney to the petitioner [BY FIRST CLASS MAIL] within two days of 30 receipt, exclusive of Saturdays, Sundays, and legal holidays; and 31 (6) notify the petitioner if jurisdiction over the respondent cannot be
01 obtained. 02 * Sec. 58. AS 25.25.310 is amended to read: 03 Sec. 25.25.310. Duties of state information and locator agency. The child 04 support enforcement agency is the state information agency under this chapter, and it 05 shall 06 (1) compile and maintain a current list, including addresses, of the 07 tribunals [COURTS] in this state that have jurisdiction under this chapter and the 08 appropriate agency offices in this state and transmit a copy to the state information 09 agency of every other state; 10 (2) maintain a register of tribunals and support enforcement agencies 11 received from other states; 12 (3) forward to the appropriate tribunal in this state all documents 13 concerning a proceeding under this chapter received from an initiating tribunal or the 14 state information agency of the initiating state; and 15 (4) obtain information concerning the location of the obligor and the 16 obligor's property within this state that is not exempt from execution by postal 17 verification and federal or state locator services, examination of telephone directories, 18 requests for the obligor's address from employers, and examination of governmental 19 records, including, to the extent not prohibited by other law, those relating to real 20 property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, 21 and social security. 22 * Sec. 59. AS 25.25.312 is amended to read: 23 Sec. 25.25.312. Nondisclosure of information in exceptional circumstances. 24 Upon [SUBJECT TO THE PROVISIONS OF AS 25.27.275 AND UPON] a finding, 25 which may be made ex parte, that the health, safety, or liberty of a party or child 26 would be unreasonably put at risk by the disclosure of identifying information, or if 27 an existing order so provides, a tribunal shall order that the address of the child or 28 party or other identifying information not be disclosed in a pleading or other document 29 filed in a proceeding under this chapter. 30 * Sec. 60. AS 25.25.501 is repealed and reenacted to read: 31 Sec. 25.25.501. Employer's receipt of income withholding order of another
01 state. An income withholding order issued in another state may be sent to the person 02 or entity defined as the obligor's employer under AS 25.27 without first filing a 03 complaint or comparable pleading or registering the order with a tribunal of this state. 04 * Sec. 61. AS 25.25.502 is repealed and reenacted to read: 05 Sec. 25.25.502. Employer's compliance with income withholding order of 06 another state. (a) Upon receipt of an order under AS 25.25.501, the obligor's 07 employer shall immediately provide a copy of the order to the obligor. 08 (b) The employer shall treat an income withholding order issued in another 09 state that appears regular on its face as if it were issued by a tribunal of this state. 10 (c) Except as provided by (d) of this section and AS 25.25.503, the employer 11 shall withhold and distribute the funds as directed in the withholding order by 12 complying with the terms of the order, as applicable, that specify 13 (1) the duration and the amount of periodic payments of current child 14 support, stated as a sum certain; 15 (2) the person or agency designated to receive payments and the 16 address to which the payments are to be forwarded; 17 (3) medical support, whether in the form of periodic cash payment, 18 stated as a sum certain, or an order to the obligor to provide health insurance coverage 19 for the child under a policy available through the obligor's employment; 20 (4) the amount of periodic payments of fees and costs for a support 21 enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums 22 certain; and 23 (5) the amount of periodic payments of arrearages and interest on 24 arrearages, stated as sums certain. 25 (d) The employer shall comply with the law of the state of the obligor's 26 principal place of employment for withholding from income with respect to 27 (1) the employer's fee for processing an income withholding order; 28 (2) the maximum amount permitted to be withheld from the obligor's 29 income; and 30 (3) the time periods within which the employer must implement the 31 withholding order and forward the child support payment.
01 * Sec. 62. AS 25.25 is amended by adding new sections to article 5 to read: 02 Sec. 25.25.503. Compliance with multiple income withholding orders. If 03 an obligor's employer receives multiple orders to withhold support from the earnings 04 of the same obligor, the employer shall be considered to have satisfied the terms of the 05 multiple orders if the employer complies with the law of the state of the obligor's 06 principal place of employment to establish the priorities for withholding and allocating 07 income withheld for multiple child support orders. 08 Sec. 25.25.504. Immunity from civil liability. An employer who complies 09 with an income withholding order issued in another state in accordance with 10 AS 25.25.501 - 25.25.505 is not subject to civil liability to an individual or agency 11 with regard to the employer's withholding of child support from the obligor's income. 12 Sec. 25.25.505. Penalties for noncompliance. An employer who wilfully fails 13 to comply with an income withholding order issued by another state and received for 14 enforcement is subject to the same penalties that may be imposed for noncompliance 15 with an order issued by a tribunal of this state. 16 Sec. 25.25.506. Contest by obligor. (a) An obligor may contest the validity 17 or enforcement of an income withholding order issued in another state and received 18 directly by an employer in this state in the same manner as if the order were issued 19 by a tribunal of this state. The provisions of AS 25.25.604 apply to the contest. 20 (b) The obligor shall give notice of the contest to 21 (1) a support enforcement agency providing services to the obligee; 22 (2) each employer that has directly received an income withholding 23 order; and 24 (3) if 25 (A) a person or an agency is designated to receive payments in 26 the income withholding order, to that person or agency; or 27 (B) no person or agency is designated to receive payments in 28 the income withholding order, to the obligee. 29 Sec. 25.25.507. Administrative enforcement of orders. (a) A party seeking 30 to enforce a support order or an income withholding order, or both, issued by a 31 tribunal of another state may send the documents required for registering the order to
01 the child support enforcement agency of this state. 02 (b) Upon receipt of the documents, the child support enforcement agency, 03 without initially seeking to register the order, shall consider and, if appropriate, use 04 any administrative procedure authorized by the law of this state to enforce a support 05 order or an income withholding order, or both. If the obligor does not contest 06 administrative enforcement, the order need not be registered. If the obligor contests 07 the validity or administrative enforcement of the order, the child support enforcement 08 agency shall register the order under this chapter. 09 * Sec. 63. AS 25.25.602(a) is amended to read: 10 (a) A support order or income withholding order of another state may be 11 registered in this state by sending the following documents and information to a 12 tribunal of this state: 13 (1) a letter of transmittal to the tribunal requesting registration and 14 enforcement; 15 (2) two copies, including one certified copy, of all orders to be 16 registered, including any modification of an order; 17 (3) a sworn statement by the party seeking registration or a certified 18 statement by the custodian of the records showing the amount of any arrearage; 19 (4) the name of the obligor and, if known, 20 (A) the obligor's address and social security number; 21 (B) the name and address of the obligor's employer and any 22 other source of income of the obligor; 23 (C) a description and the location of property in this state of the 24 obligor not exempt from execution; and 25 (D) the names [NAME] and addresses [ADDRESS] of all 26 potential third-party [THIRD PARTY] resources, including a health insurer, 27 that might be available to meet the requirements of a medical support order; 28 and 29 (5) the name and address of the obligee and, if applicable, the agency 30 or person to whom support payments are to be remitted. 31 * Sec. 64. AS 25.25.605(a) is amended to read:
01 (a) When a support order or income withholding order issued in another state 02 is registered, the registering tribunal shall notify the nonregistering party. [NOTICE 03 SHALL BE GIVEN BY FIRST CLASS, CERTIFIED, OR REGISTERED MAIL OR 04 BY ANY MEANS OF PERSONAL SERVICE AUTHORIZED BY THE LAW OF 05 THIS STATE.] The notice must be accompanied by a copy of the registered order and 06 the documents and relevant information accompanying the order. 07 * Sec. 65. AS 25.25.605(b) is amended to read: 08 (b) The notice must inform the nonregistering party 09 (1) that a registered order is enforceable as of the date of registration 10 in the same manner as an order issued by a tribunal of this state; 11 (2) that a hearing to contest the validity or enforcement of the 12 registered order must be requested within 20 days after [THE DATE OF MAILING 13 OR PERSONAL SERVICE OF THE] notice; 14 (3) that failure to contest the validity or enforcement of the registered 15 order in a timely manner will result in confirmation of the order and enforcement of 16 the order and the alleged arrearages and precludes further contest of that order with 17 respect to any matter that could have been asserted; and 18 (4) of the amount of alleged arrearages. 19 * Sec. 66. AS 25.25.606(a) is amended to read: 20 (a) A nonregistering party seeking to contest the validity or enforcement of a 21 registered order in this state shall request a hearing within 20 days after the [DATE 22 OF MAILING OR PERSONAL SERVICE OF] notice of the registration. The 23 nonregistering party may seek to vacate the registration, to assert a defense to an 24 allegation of noncompliance with the registered order, or to contest the remedies being 25 sought or the amount of alleged arrearages under AS 25.25.607. 26 * Sec. 67. AS 25.25.606(c) is amended to read: 27 (c) If a nonregistering party requests a hearing to contest the validity or 28 enforcement of the registered order, the registering tribunal shall schedule the matter 29 for hearing and give notice to the parties [BY FIRST CLASS MAIL] of the date, time, 30 and place of the hearing. 31 * Sec. 68. AS 25.25.609 is amended to read:
01 Sec. 25.25.609. Procedure to register child support order of another state 02 for modification. If a party or the child support enforcement agency seeks to modify, 03 or to modify and enforce, a child support order issued in another state but not 04 registered in this state, the party or agency shall register that order in this state in the 05 same manner provided in AS 25.25.601 - 25.25.608 [AS 25.25.601 - 25.25.604]. A 06 complaint for modification may be filed at the same time as a request for registration, 07 or later. The pleading must specify the grounds for modification. 08 * Sec. 69. AS 25.25.611(a) is amended to read: 09 (a) After a child support order issued in another state has been registered in 10 this state, unless the provisions of AS 25.25.613 apply, the responding tribunal of this 11 state may modify that order only if, after notice and an opportunity for hearing, it finds 12 that 13 (1) the following requirements are met: 14 (A) the child, the individual obligee, and the obligor do not 15 reside in the issuing state; 16 (B) a petitioner who is not a resident of this state seeks 17 modification; and 18 (C) the respondent is subject to the personal jurisdiction of the 19 tribunal of this state; or 20 (2) an individual party or the child is subject to the personal jurisdiction 21 of the tribunal and all of the individual parties have filed a written consent in the 22 issuing tribunal providing that a tribunal of this state may modify the support order and 23 assume continuing, exclusive jurisdiction over the order; however, if the issuing state 24 is a foreign jurisdiction that has not enacted a law or procedure substantially 25 similar to this chapter, the written consent of the individual party residing in this 26 state is not required for the tribunal to assume jurisdiction to modify the child 27 support order. 28 * Sec. 70. AS 25.25.611(c) is amended to read: 29 (c) A tribunal of this state may not modify any aspect of a child support order 30 that may not be modified under the law of the issuing state. If two or more tribunals 31 have issued child support orders for the same obligor and child, the order that
01 is controlling and must be recognized under the provisions of AS 25.25.207 02 establishes the nonmodifiable aspects of the support order. 03 * Sec. 71. AS 25.25.612 is amended to read: 04 Sec. 25.25.612. Recognition of order modified in another state. A tribunal 05 of this state shall recognize a modification of its earlier child support order by a 06 tribunal of another state that assumed jurisdiction under this chapter or a law or 07 procedure substantially similar to this chapter and, upon request, except as otherwise 08 provided in this chapter, shall 09 (1) enforce the order that was modified only as to amounts accruing 10 before the modification; 11 (2) enforce only nonmodifiable aspects of that order; 12 (3) provide other appropriate relief only for violations of that order that 13 occurred before the effective date of the modification; and 14 (4) recognize the modifying order of the other state, upon registration, 15 for the purpose of enforcement. 16 * Sec. 72. AS 25.25 is amended by adding new sections to article 6 to read: 17 Sec. 25.25.613. Jurisdiction to modify support order of another state when 18 individual parties reside in this state. (a) If all of the individual parties reside in 19 this state and the child does not reside in the issuing state, a tribunal of this state has 20 jurisdiction to enforce and to modify the issuing state's child support order in a 21 proceeding to register that order. 22 (b) A tribunal of this state exercising jurisdiction as provided in this section 23 shall apply the provisions of AS 25.25.101 - 25.25.209 and 25.25.601 - 25.25.614 to 24 the enforcement or modification proceeding. AS 25.25.301 - 25.25.507, 25.25.701, 25 25.25.801, and 25.25.802 do not apply, and the tribunal shall apply the procedural and 26 substantive law of this state. 27 Sec. 25.25.614. Notice to issuing tribunal of modification. Within 30 days 28 after issuance of a modified child support order, the party obtaining the modification 29 shall file a certified copy of the order with the issuing tribunal that had continuing, 30 exclusive jurisdiction over the earlier order and with each tribunal in which the party 31 knows that an earlier order has been registered. Failure of the party obtaining the
01 order to file a certified copy as required subjects that party to appropriate sanctions by 02 a tribunal in which the issue of failure to file arises, but that failure has no effect on 03 the validity or enforceability of the modified order of the new tribunal of continuing, 04 exclusive jurisdiction. 05 * Sec. 73. AS 25.25.701(a) is amended to read: 06 (a) A tribunal of this state may serve as an initiating or responding tribunal in 07 a proceeding brought under this chapter or a law or procedure substantially similar 08 to this chapter, a law or procedure substantially similar to the former provisions of 09 this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised 10 Uniform Reciprocal Enforcement of Support Act to determine whether the petitioner 11 is a parent of a particular child or to determine whether a respondent is a parent of that 12 child. 13 * Sec. 74. AS 25.27.020(a)(2) is amended to read: 14 (2) adopt regulations to carry out the purposes of this chapter and AS 25.25, 15 including regulations that establish 16 (A) [SCHEDULES FOR DETERMINING THE AMOUNT AN 17 OBLIGOR IS LIABLE TO CONTRIBUTE TOWARD THE SUPPORT OF AN 18 OBLIGEE UNDER THIS CHAPTER AND UNDER 42 U.S.C. 651 - 669 19 (TITLE IV-D, SOCIAL SECURITY ACT); 20 (B)] procedures for hearings conducted under AS 25.27.170 and 21 for administrative enforcement of support orders; 22 (B) [(C)] subject to AS 25.27.025 and to federal law, a uniform 23 rate of interest on arrearages of support that shall be charged the obligor upon 24 notice if child support payments are 10 or more days overdue or if payment is 25 made by a check backed by insufficient funds; however, an obligor may not be 26 charged interest on late payment of a child support obligation, other than a 27 payment on arrearages, if the obligor is 28 (i) employed and income is being withheld from the 29 obligor's wages under an income withholding order; 30 (ii) receiving unemployment compensation and child 31 support obligations are being withheld from the obligor's unemployment
01 payments under AS 23.20.401; or 02 (iii) receiving compensation for disabilities under 03 AS 23.30 and child support obligations are being withheld from the 04 obligor's compensation payments; [AND] 05 (C) [(D)] procedures for establishing and disestablishing 06 paternity under AS 25.27.165 and 25.27.166 [AS 25.27.165 - 25.27.166], 07 including procedures for hearings; and 08 (D) procedures under which the agency shall enter into 09 contracts or agreements with financial institutions, including brokerage 10 houses, insurance companies, and other companies providing individual 11 investment, transaction, or deposit accounts, doing business in the state to 12 develop and operate an automated data match system as required by 42 13 U.S.C. 666(a)(17); the agency may pay a reasonable fee to a financial 14 institution for conducting a data match under a contract or agreement 15 under this subparagraph; the fee may not exceed the actual costs incurred 16 by the financial institution for conducting the data match. 17 * Sec. 75. AS 25.27.020(a)(6) is amended to read: 18 (6) disburse support payments collected by the agency to the obligee, 19 together with interest charged under (2)(B) [(2)(C)] of this subsection; 20 * Sec. 76. AS 25.27.020(a)(13) is amended to read: 21 (13) act as the central registry for all child support orders and 22 exchange information as required by federal law. 23 * Sec. 77. AS 25.27.020(a) is amended by adding a new paragraph to read: 24 (14) act as the state disbursement unit or, at the agency's discretion, 25 enter into contracts or agreements with contractors, directly responsible to the agency, 26 to perform some or all of the functions of the state disbursement unit. 27 * Sec. 78. AS 25.27.020 is amended by adding new subsections to read: 28 (d) The agency may issue an administrative order or request a court order that 29 requires an individual in arrears under an order of support for a child who is receiving 30 assistance under AS 47.07, or under AS 47.25.310 - 47.25.420 or a successor program, 31 to make payments according to an approved payment plan or, if the individual is not
01 incapacitated, to participate in appropriate work activities. 02 (e) To the extent required by federal law and as necessary for locating 03 individuals for child support purposes, the agency, the child support enforcement 04 agency of another state, or the federal government is entitled to have access to 05 information used by the Department of Public Safety or a successor agency to locate 06 an individual for purposes relating to motor vehicles or law enforcement. 07 * Sec. 79. AS 25.27.025 is amended to read: 08 Sec. 25.27.025. Rate of interest. The rate of interest imposed under 09 AS 25.27.020(a)(2)(B) [AS 25.27.020(a)(2)(C)] shall be six percent a year or a lesser 10 rate that is the maximum rate of interest permitted to be imposed under federal law. 11 * Sec. 80. AS 25.27.040(a), as amended by sec. 13, ch. 107, SLA 1996, is amended to 12 read: 13 (a) The agency may appear on behalf of minor children or their mother or 14 legal custodian or the state and initiate efforts to have the paternity of children born 15 out of wedlock determined by the court. When the agency is a party to a court action 16 in which paternity is contested, it shall request and pay for genetic testing and 17 procedures under AS 25.20.050(e) and may recover the costs of the testing as 18 provided in AS 25.20.050(f). [THE AGENCY MAY RECOVER THE COSTS OF 19 THE TESTS AS A COST OF THE COURT ACTION, EXCEPT THAT COSTS MAY 20 NOT BE RECOVERED FROM A PERSON WHO IS A RECIPIENT OF 21 ASSISTANCE UNDER AS 47.27 (ALASKA TEMPORARY ASSISTANCE 22 PROGRAM).] 23 * Sec. 81. AS 25.27.062(d) is amended to read: 24 (d) Income withholding under a support order that does not require immediate 25 income withholding and that is not being enforced by the agency may be initiated 26 either by filing a motion with the court and complying with applicable court rules or, 27 if there is a child support arrearage, by making a written request to the agency 28 for immediate income withholding under AS 25.27.150. Application to the agency 29 under this subsection may not, by itself, be construed as a request for other 30 services of the agency. If immediate withholding under this subsection is sought 31 through a motion to the court, the [. THE] court shall order the beginning of income
01 withholding under this subsection if the court finds that any of the grounds in (c)(1), 02 (2), or (3)(B) [(c)(1), (c)(2), OR (c)(3)(B)] of this section is satisfied. It is not a 03 defense to a motion based on (c)(2) of this section that less than one full month's 04 payment is past due by 30 days if at least one full month's payment was past due by 05 30 days on the date the motion was filed. Notice to the obligor of income withholding 06 ordered under this subsection must be given in a manner that complies with court 07 rules. In this subsection, "past due by 30 days" means unpaid 30 days after the 08 monthly due date specified in the support order. 09 * Sec. 82. AS 25.27.062(e) is amended to read: 10 (e) The agency or the person who obtains an income withholding order under 11 this chapter shall immediately send a copy of the income withholding order, a copy 12 of the relevant provisions of AS 25.27.260 and this section, and an explanation of the 13 effect of the statutes to persons who may owe money to an obligor. These items may 14 be sent by first class mail or certified mail, return receipt requested, or they may be 15 served personally by a process server, except that the agency alternatively may send 16 the items by electronic means. An income withholding order made under this chapter 17 is binding upon a person, employer, political subdivision, or department of the state 18 immediately upon receipt of a copy of the income withholding order. An employer 19 shall immediately begin withholding the specified amount from the employee's wages. 20 The amount withheld shall be sent to the agency within seven business days after 21 the date the amount would otherwise have been paid or credited to the employee 22 [(1) 14 WORKING DAYS AFTER THE MAILING DATE ON THE ORDER OF 23 WITHHOLDING OR 14 WORKING DAYS AFTER THE DATE ON WHICH THE 24 ORDER WAS PERSONALLY SERVED, WHICHEVER IS APPLICABLE, OR (2) 25 ON THE FIRST DAY OF THE NEXT PAY PERIOD, IF EARLIER. THE AMOUNT 26 WITHHELD SHALL BE SENT TO THE AGENCY WITHIN 10 WORKING DAYS 27 AFTER THE DATE THE EMPLOYEE IS PAID]. An employer may, for each 28 payment made under an order, deduct $5 from other wages or salary owed to the 29 obligor. 30 * Sec. 83. AS 25.27.062(j) is amended to read: 31 (j) An employer may combine into a single payment to the agency amounts
01 withheld from more than one obligor if the employer specifies the portion of the 02 payment attributable to each obligor and complies with the time deadlines set out 03 in (e) of this section. 04 * Sec. 84. AS 25.27.075 is repealed and reenacted to read: 05 Sec. 25.27.075. Employment information. (a) An employer doing business 06 in the state shall report to the agency the hiring, rehiring, or returning to work of each 07 employee within the time limits set out in (b) of this section. The report must contain 08 the name, address, social security number, and date of hire for each of those 09 employees, the name and address of the employer, and the identifying number assigned 10 to the employer by the Internal Revenue Service under 26 U.S.C. 6109. 11 (b) An employer required to report under (a) of this section may make the 12 report by either of the following methods: 13 (1) if the report is submitted magnetically or electronically, the report 14 shall be made in a format mutually agreed upon by the employer and the agency; 15 employers using this reporting method shall comply with (a) of this section by 16 transmitting two monthly reports not less than 12 days nor more than 16 days apart; 17 or 18 (2) if the report is not made magnetically or electronically, the report 19 shall be made on an Internal Revenue Service W-4 form or, at the option of the 20 employer, an equivalent form; the report may be transmitted by first class mail and 21 must be received by the agency within 20 days after the date of the hiring, rehiring, 22 or returning to work of the employee. 23 (c) An employer that does business in this state and that has employees in at 24 least one other state is not required to comply with (a) of this section if the employer 25 (1) submits, magnetically or electronically, timely reports of its 26 employees to the state directory in another state in which the employer has employees 27 if the directory serves the same purpose as the directory maintained under (a) of this 28 section and the employer makes the report in compliance with the laws of that state; 29 and 30 (2) provides written notification of its choice to the Secretary of Health 31 and Human Services.
01 (d) An employer of an obligor or a labor union of which an obligor is a 02 member shall promptly provide to the agency, or the child support enforcement agency 03 of another state, information requested regarding an employee's or contractor's 04 compensation, employment, wages or salary, and occupation. The information required 05 under this subsection is in addition to the information, if any, required under (a) of this 06 section. 07 (e) For each employee reported under this section, an employer may deduct 08 $1 from wages or salary owed to that employee to cover the cost of reporting. 09 (f) In addition to another penalty under law, an employer or a labor union that 10 knowingly violates this section, or a regulation adopted under this section, is liable for 11 a civil penalty of less than 12 (1) $25 if the violation is not described in (2) of this subsection; or 13 (2) $500 if the violation is the result of a conspiracy between the 14 employee and an employer or labor union to not supply the required report or to 15 supply a false or incomplete report. 16 (g) In this section, 17 (1) "employee" means an individual who is an employee within the 18 meaning of 26 U.S.C. 3401(c), but does not include an employee of a federal or state 19 agency performing intelligence or counterintelligence functions if the head of that 20 agency has determined that reporting under this section with respect to the employee 21 could endanger the safety of the employee or compromise an ongoing investigation or 22 intelligence mission; 23 (2) "employer" has the meaning given in AS 25.27.900; 24 (3) "labor organization" has the meaning given that term in 29 U.S.C. 25 152; "labor organization" includes an entity sometimes known as a hiring hall that is 26 used by the organization and an employer to carry out requirements described in 29 27 U.S.C. 158(f)(3) of an agreement between the organization and the employer. 28 * Sec. 85. AS 25.27.085 is amended to read: 29 Sec. 25.27.085. Subpoenas. The agency [, WITH THE CONCURRENCE OF 30 THE COMMISSIONER OF REVENUE,] may subpoena persons, books, records, and 31 documents to
01 (1) obtain any financial or other information needed to establish, 02 modify, or enforce a child support order [DETERMINE THE EXTENT AND 03 LOCATION OF ASSETS OF ANY OBLIGOR WHO IS MORE THAN 45 DAYS IN 04 ARREARS IN A CHILD SUPPORT OBLIGATION ESTABLISHED EITHER BY 05 COURT OR ADMINISTRATIVE ORDER]; 06 (2) determine the paternity of a child under AS 25.27.165; or 07 (3) disestablish the paternity of a child under AS 25.27.166. 08 * Sec. 86. AS 25.27.085 is amended by adding new subsections to read: 09 (b) An administrative subpoena issued under this section shall be delivered by 10 first class mail. Proof of service may be completed according to Rule 5, Alaska Rules 11 of Civil Procedure. 12 (c) A person who is issued an administrative subpoena shall be provided an 13 opportunity to refuse to comply with it for good cause by filing a request for a 14 conference with the agency in this state in the manner and within the time specified 15 in regulations adopted by the agency. Good cause shall be limited to mistake in 16 identity of the person or to a prohibition under law to release such information. 17 (d) After a conference requested under (c) of this section, the agency shall 18 issue an order on the request relating to good cause. If the person continues to refuse 19 to comply with the administrative subpoena, the agency in this state shall issue an 20 order to impose a civil penalty of $10 for each day of noncompliance with the 21 subpoena. 22 (e) An order imposing a civil penalty under this section is a final 23 administrative decision and may be appealed under AS 25.27.210. 24 (f) This section does not limit the ability of the agency to make other lawful 25 requests for information. 26 * Sec. 87. AS 25.27 is amended by adding a new section to read: 27 Sec. 25.27.086. Subpoenas issued by agency of another state. (a) If the 28 child support enforcement agency of another state issues a subpoena regarding persons, 29 books, records, or documents in this state, the subpoena must be complied with as if 30 it were issued by this state's child support enforcement agency if 31 (1) the subpoena is for obtaining
01 (A) financial or other information needed to establish, modify, 02 or enforce a support order; or 03 (B) information needed to determine or disestablish the paternity 04 of a child under the laws of the state in which the subpoena was issued; and 05 (2) the issuing agency complied with AS 25.27.085(b). 06 (b) The procedures in or adopted under AS 25.27.085(c) and (d) apply to a 07 person who is issued a subpoena described in (a) of this section. 08 (c) The child support enforcement agency of this state shall enforce a subpoena 09 described in (a) of this section and shall provide the opportunity for conference and 10 issue any order under AS 25.27.085(c) and (d) on behalf of the issuing agency. 11 AS 25.27.085(e) applies to an order under this subsection. 12 (d) The penalties provided in AS 25.27.085 apply regarding a subpoena 13 described in (a) of this section. 14 (e) Nothing in this section limits the ability of a child support enforcement 15 agency of another state to make other lawful requests for information in this state. 16 * Sec. 88. AS 25.27.100(a) is amended to read: 17 (a) The agency shall provide aid to any person due child support under the 18 laws of this state upon application. The [SUBJECT TO (b) OF THIS SECTION, 19 THE] agency may, by regulation, impose a fee for services provided under this 20 chapter. 21 * Sec. 89. AS 25.27.103 is amended to read: 22 Sec. 25.27.103. Payments to agency. An obligor shall [MAY] make child 23 support payments to the agency if the agency is enforcing a duty of child support 24 under AS 25.25 or this chapter. [AN OBLIGOR MAY PAY MONEY TO THE 25 AGENCY TO SATISFY THE OBLIGOR'S IMMEDIATE DUTY OF CHILD 26 SUPPORT AS WELL AS ANY ADDITIONAL AMOUNT OF MONEY INTENDED 27 BY THE OBLIGOR TO BE USED FOR SUPPORT OF THE CHILD.] The agency 28 shall disburse that portion of a payment that exceeds the amount of money necessary 29 to satisfy the obligor's immediate duty of support in accordance with state and federal 30 requirements [THE INSTRUCTIONS OF THE OBLIGOR]. The agency shall credit 31 money disbursed under this subsection toward satisfaction of the obligor's duty of
01 support. 02 * Sec. 90. AS 25.27.105 is amended to read: 03 Sec. 25.27.105. Audit of collections. Within 30 working days after receipt 04 of a written request from an obligor, the obligor's legal representative, the obligee, or 05 the obligee's legal representative, the agency shall provide an audit of all child support 06 payments made by the obligor and received by the agency. The audit shall include the 07 date and amount of each payment, the name of the obligee, and the total amount of 08 arrearages of support past due and amount of unpaid penalties and interest imposed 09 under AS 25.27.020(a)(2)(B) [AS 25.27.020(a)(2)(C)]. The agency is required to 10 provide only one audit each year for each obligee and obligor under this section. 11 * Sec. 91. AS 25.27.120(c) is amended to read: 12 (c) Within 30 days after the agency knows the identity and address of an 13 obligor who resides in the state and who is liable to the state under this section, the 14 agency shall send written notification by certified mail to the obligor and the obligee 15 [PARENT] of the obligor's accruing liability and that the obligor shall make child 16 support payments to the agency. The notice required under this subsection must be 17 in clear, concise, and easily readable language. The notice may accompany other 18 communications by the agency. 19 * Sec. 92. AS 25.27.150(a) is amended to read: 20 (a) If an arrearage occurs under [IN ORDER TO INITIATE INCOME 21 WITHHOLDING FOR] a support order being enforced by the agency for which 22 immediate income withholding is not required under AS 25.27.062(a) or an 23 application is made to the agency for withholding under AS 25.27.062(d), the 24 agency may execute an income withholding order without prior notice to the 25 obligor. At the time of execution, the agency shall serve a notice of [ITS INTENT 26 TO INITIATE] income withholding on the obligor. Notice under this subsection shall 27 be served upon the obligor by certified mail to the obligor's last known address, and 28 service is complete when the notice is properly addressed, certified, and mailed. 29 * Sec. 93. AS 25.27.150(c) is amended to read: 30 (c) The notice shall inform the obligor that [THE] income withholding has 31 been ordered and of the procedures to follow if the obligor wishes to contest
01 withholding on the grounds that the withholding is improper due to a mistake of 02 fact. The notice must also inform the obligor of the information that was 03 provided to the employer in the document that ordered the withholding [ORDER 04 WILL TAKE EFFECT 15 DAYS AFTER THE DATE ON WHICH THE NOTICE IS 05 SERVED UNLESS THE OBLIGOR REQUESTS A HEARING WITHIN 15 DAYS 06 AFTER THE NOTICE IS SERVED. IF THE OBLIGOR REQUESTS A HEARING, 07 AN INCOME WITHHOLDING ORDER MAY NOT TAKE EFFECT UNTIL THE 08 CONCLUSION OF THE HEARING]. 09 * Sec. 94. AS 25.27.150(e) is amended to read: 10 (e) The conference [APPEALS] officer shall inform the obligor of the 11 informal conference decision [,] either at the informal conference hearing or within 12 15 days after the hearing [, WHETHER OR NOT THE WITHHOLDING WILL 13 OCCUR AND OF THE DATE ON WHICH IT IS TO COMMENCE]. 14 * Sec. 95. AS 25.27.150(f) is amended to read: 15 (f) If the conference [APPEALS] officer determines that withholding will 16 continue [OCCUR], the obligor may request a formal hearing [,] as provided in the 17 department's regulations. [THE INCOME WITHHOLDING ORDER SHALL BE 18 ISSUED AND WITHHOLDING SHALL BEGIN UNDER THE PROCEDURES IN 19 AS 25.27.062, WHETHER OR NOT THE OBLIGOR REQUESTS A FORMAL 20 HEARING, UNLESS THE OBLIGOR POSTS SECURITY OR A BOND IN THE 21 AMOUNT THAT WOULD HAVE BEEN WITHHELD PENDING THE OUTCOME 22 OF A FORMAL HEARING.] 23 * Sec. 96. AS 25.27.160(b) is amended to read: 24 (b) The notice and finding of financial responsibility served under (a) of this 25 section must state 26 (1) the sum or periodic payments for which the alleged obligor is found 27 to be responsible under this chapter [, CALCULATED BY TAKING INTO 28 CONSIDERATION THE NEED OF THE ALLEGED OBLIGEE, THE ALLEGED 29 OBLIGOR'S LIABILITY TO THE STATE UNDER AS 25.27.120 IF ANY, AND 30 THE DUTY OF SUPPORT UNDER THE LAW]; 31 (2) the name of the alleged obligee and the obligee's custodian;
01 (3) that the alleged obligor may appear and show cause in a hearing 02 held by the agency why the finding is incorrect, should not be finally ordered, and 03 should be modified or rescinded, because 04 (A) no duty of support is owed; or 05 (B) the amount of support found to be owed is incorrect; 06 (4) that, if the person served with the notice and finding of financial 07 responsibility does not request a hearing within 30 days, the property and income of 08 the person will be subject to execution under AS 25.27.062 and 25.27.230 - 25.27.270 09 in the amounts stated in the finding without further notice or hearing. 10 * Sec. 97. AS 25.27.165(a) is amended to read: 11 (a) Upon application from a mother, custodian, putative father, or legal 12 custodian of a child, or from a state, the agency may institute administrative 13 proceedings to determine the paternity of a child born out of wedlock. 14 * Sec. 98. AS 25.27.165(b) is amended to read: 15 (b) In order to initiate a paternity proceeding administratively, the agency shall 16 serve a mother and putative father, as appropriate, with a notice of paternity and 17 financial responsibility. The notice shall be served personally as set out in Rule 4(d), 18 Alaska Rules [RULE] of Civil Procedure, [4(d)] or by registered, certified, or insured 19 mail, return receipt requested, for restricted delivery only to the person to whom the 20 notice is directed or to the person authorized under federal law to receive that person's 21 restricted delivery mail. The notice must be accompanied by 22 (1) an administrative order requiring that the mother, child, and putative 23 father submit to genetic testing to be arranged by the agency and stating that a party 24 may provide information to show good cause not to order the testing; 25 (2) an administrative order requiring the putative father to provide 26 financial information, as defined by the agency in regulation, within 20 days after 27 service of the notice; all financial information provided to the agency under an order 28 under this paragraph shall be held confidential by the agency, according to any 29 applicable regulations; and 30 (3) a notice of right to informal conference, to be held within 20 days 31 after receipt of an admission of paternity or service upon the parties of genetic test
01 results. 02 * Sec. 99. AS 25.27.165(d) is amended to read: 03 (d) Upon receipt of genetic test results, the agency shall serve on the putative 04 father notice of the test results and of the date for the informal conference. Service 05 of the notice shall be made by first class mail. If the genetic test results are negative 06 under the standard set in AS 25.20.050(d), the agency shall issue a finding of 07 nonpaternity within 20 days after the agency's receipt of the test results. If the genetic 08 test results are positive under the standard set in AS 25.20.050(d), the agency shall 09 issue an informal conference decision within 20 days after the agency's receipt of the 10 test results. Upon request and advance payment by a party, the agency shall order 11 additional genetic tests. If the second genetic test results contradict the first 12 genetic test results, the agency shall provide copies of the second genetic test 13 results to the parties and conduct another informal conference. The agency shall 14 issue the second informal conference decision within 20 days after the agency's 15 receipt of the second genetic test results. 16 * Sec. 100. AS 25.27.165(i), as amended by sec. 21, ch. 107, SLA 1996, is amended to 17 read: 18 (i) The agency may recover any costs it pays for genetic tests required by this 19 section from the putative father unless the testing establishes that the individual 20 is not the father, except that costs may not be recovered from a person who is a 21 recipient of assistance under AS 47.27 (Alaska temporary assistance program). 22 * Sec. 101. AS 25.27.165 is amended by adding new subsections to read: 23 (j) A decision establishing paternity or an admission of paternity under this 24 section must include the social security numbers, if ascertainable, of the father, mother, 25 and the child. 26 (k) Notwithstanding any other provision of this section, if the agency 27 determines, after considering the best interests of the child, that good cause exists not 28 to order genetic testing under this section, it shall, without ordering the genetic testing 29 and as the agency determines appropriate in the best interests of the child, 30 (1) end the administrative proceedings under this section without 31 making a determination of paternity; or
01 (2) after a hearing provided for under regulations adopted by the 02 agency, enter a final decision regarding paternity. 03 * Sec. 102. AS 25.27.166(a) is amended to read: 04 (a) The agency shall, by regulation, establish procedures and standards for the 05 disestablishment of paternity of a child whose paternity was established in this state 06 other than by court order if the paternity was not established by 07 (1) genetic test results that met the standard set out in AS 25.20.050(d) 08 at the time the test was performed; or 09 (2) an acknowledgment of paternity under AS 25.20.050 or an 10 admission of paternity under AS 25.27.165. 11 * Sec. 103. AS 25.27.190(a) is amended to read: 12 (a) Unless a support order has been entered by a court and except as 13 provided in AS 25.25, the obligor, or the obligee or the obligee's custodian, may 14 petition the agency or its designee for a modification of the administrative finding or 15 decision of responsibility previously entered with regard to future periodic support 16 payments. In addition, the agency may initiate a modification and grant a hearing 17 under (c) - (e) of this section. 18 * Sec. 104. AS 25.27.190(c) is amended to read: 19 (c) If a hearing is granted, the agency shall serve a notice of hearing together 20 with a copy of any [THE] petition and affidavits submitted on the obligee or the 21 obligee's custodian and the obligor personally or by registered, certified, or insured 22 mail, return receipt requested, for restricted delivery only to the person to whom the 23 notice is directed or to the person authorized under federal regulation to receive that 24 person's restricted delivery mail. 25 * Sec. 105. AS 25.27 is amended by adding a new section to read: 26 Sec. 25.27.193. Periodic review or adjustment of support orders. As 27 necessary to comply with 42 U.S.C. 666, the agency, by regulation, shall provide 28 procedures and standards for the modification, through periodic review or adjustment, 29 of a support order. Regulations adopted under this section must include procedures 30 for periodic notice of the right to request review, procedures for hearings, and 31 standards for adjustments regarding future periodic support payments. A modification
01 under this section may be made without a showing of a material change in 02 circumstances. 03 * Sec. 106. AS 25.27.230(a) is amended to read: 04 (a) At the expiration of 30 days after (1) the date of distribution of an income 05 withholding order under AS 25.27.062; [,] (2) the date of service of a notice and 06 finding of financial responsibility under AS 25.27.160; [,] or (3) the date of service of 07 a decision establishing paternity under AS 25.27.165 [AS 25.27.165(c) OR (d)], the 08 agency may assert a lien upon the real or personal property of the obligor [,] in the 09 amount of the obligor's liability. 10 * Sec. 107. AS 25.27.230 is amended by adding new subsections to read: 11 (e) A lien arising under the child support laws of another state shall be given 12 full faith and credit in this state and may be asserted in this state upon the real or 13 personal property of the obligor, in the amount of the obligor's liability, by complying 14 with the requirements of this section. 15 (f) A lien recorded under this section is a judgment lien and may be enforced 16 by execution under AS 09.35 in the full amount of the obligor's liability at the time 17 of execution. 18 * Sec. 108. AS 25.27.240(a) is amended to read: 19 (a) The agency of this state or another state, or a person seeking to enforce 20 a child support obligation, may, at any time after recording of a lien recorded under 21 AS 25.27.230, serve a copy of the lien upon any person, political subdivision, or 22 department of the state possessing earnings, or deposits or balances held in any bank 23 account of any nature that are due, owing, or belonging to the obligor. 24 * Sec. 109. AS 25.27.244(a) is amended to read: 25 (a) The agency shall compile and maintain a list of obligors who are not in 26 substantial compliance with a support order or payment schedule negotiated under 27 (g)(1) of this section and of other persons who, after receiving appropriate notice, 28 have failed to comply with a subpoena or warrant relating to paternity or a child 29 support proceeding. The agency may not include an obligor on the list unless the 30 agency has sent to the obligor, at the obligor's most recent address on file with the 31 agency, written notice of the arrearages at least 60 days before placement on the list.
01 The list must include the names, social security numbers, dates of birth, and last 02 known addresses of the persons [OBLIGORS]. The list shall be updated by the 03 agency on a monthly basis. 04 * Sec. 110. AS 25.27.244(c) is amended to read: 05 (c) Promptly after receiving an application from an applicant and before 06 issuing or renewing a license, a licensing entity, other than one issuing recreational 07 licenses or commercial crewmember fishing licenses, shall determine whether the 08 applicant is on the most recent list provided by the agency. If the applicant is on the 09 list, the licensing entity shall immediately serve notice under (e) of this section of the 10 licensing entity's intent to withhold issuance or renewal of the license. The notice 11 shall be considered given when delivered personally to the applicant or deposited in 12 the United States mail addressed to the applicant's last known mailing address on file 13 with the licensing entity. 14 * Sec. 111. AS 25.27.244(d) is amended to read: 15 (d) Other than for a recreational license, or a commercial crewmember 16 fishing license, a [A] licensing entity shall issue a temporary license valid for a period 17 of 150 days to an applicant whose name is on the list if the applicant is otherwise 18 eligible for a license. The temporary license may not be extended. Only one 19 temporary license may be issued during a regular license term and its validity shall 20 coincide with the first 150 days of that license term. A license for the full or 21 remainder of the license term may be issued or renewed only upon compliance with 22 this section. An applicant for a recreational license is not entitled to receive a 23 temporary license under this section. If a license or application is denied under this 24 section, money paid by the applicant or licensee shall be refunded by the licensing 25 entity after retention of the temporary license fee, if any. 26 * Sec. 112. AS 25.27.244(e) is amended to read: 27 (e) Notices for use under (c), (s), and (t) of this section shall be developed by 28 each licensing entity under guidelines provided by the agency and are subject to 29 approval by the agency. The notice must include the address and telephone number 30 of the agency and shall emphasize the necessity of obtaining a release from the agency 31 as a condition for the issuance or renewal of a license. Except for notices issued
01 under (s) and (t) of this section regarding recreational licenses, the [THE] notice 02 must inform an applicant whose license is governed by (d) of this section that the 03 licensing entity shall issue a temporary license for 150 calendar days under (d) of this 04 section if the applicant is otherwise eligible and that, upon expiration of that time 05 period, the license will be denied unless the licensing entity has received a release 06 from the agency. The agency shall also develop a form that the applicant may use to 07 request a review by the agency. A copy of this form shall be included with each 08 notice sent under (c), (s), or (t) of this section. 09 * Sec. 113. AS 25.27.244(g) is amended to read: 10 (g) If the applicant wishes to challenge being included on the list, the applicant 11 shall submit to the agency a written request for review within 30 days after receiving 12 the notice under (c), (s), or (t) of this section by using the form developed under (e) 13 of this section. Within 30 days after receiving a written request for review, the agency 14 shall inform the applicant in writing of the agency's findings. The agency shall 15 immediately send a release to the appropriate licensing entity and the applicant if any 16 of the following conditions is met: 17 (1) the applicant is found to have complied with all subpoenas and 18 warrants described in (a) of this section, if applicable, and is found to be in 19 substantial compliance with each support order applicable to the applicant or has 20 negotiated an agreement with the agency for a payment schedule on arrearages and is 21 in substantial compliance with the negotiated agreement; if the applicant fails to be in 22 substantial compliance with an agreement negotiated under this paragraph, the agency 23 shall send to the appropriate licensing entity a revocation of any release previously sent 24 to the entity for that applicant; 25 (2) the applicant has submitted a timely request for review to the 26 agency, but the agency will be unable to complete the review and send notice of 27 findings to the applicant in sufficient time for the applicant to file a timely request for 28 judicial relief within the 150-day period during which the applicant's temporary license 29 is valid under (d) of this section; this paragraph applies only if the delay in completing 30 the review process is not the result of the applicant's failure to act in a reasonable, 31 timely, and diligent manner upon receiving notice from the licensing entity that the
01 applicant's name is on the list; 02 (3) the applicant has, within 30 days after receiving the agency's 03 findings following a request for review under (2) of this subsection, filed and served 04 a request for judicial relief under this section, but a resolution of that relief will not 05 be made within the 150-day period of the temporary license under (d) of this section; 06 this paragraph applies only if the delay in completing the judicial relief process is not 07 the result of the applicant's failure to act in a reasonable, timely, and diligent manner 08 upon receiving the agency's notice of findings; or 09 (4) the applicant has obtained a judicial finding of substantial 10 compliance. 11 * Sec. 114. AS 25.27.244(i) is amended to read: 12 (i) Except as otherwise provided in this section, the agency may not issue a 13 release if the applicant is not in substantial compliance with the order for support or 14 [IS NOT IN SUBSTANTIAL COMPLIANCE] with an agreement negotiated under 15 (g)(1) of this section, or is not in compliance with a subpoena or warrant described 16 in (a) of this section. The agency shall notify the applicant in writing that the 17 applicant may request any or all of the following: (1) judicial relief from the agency's 18 decision not to issue a release or the agency's decision to revoke a release under (g)(1) 19 of this section; (2) a judicial determination of substantial compliance; (3) a 20 modification of the support order. The notice must also contain the name and address 21 of the court in which the applicant may file the request for relief and inform the 22 applicant that the applicant's name shall remain on the list if the applicant does not 23 request judicial relief within 30 days after receiving the notice. The applicant shall 24 comply with all statutes and rules of court implementing this section. This section 25 does not limit an applicant's authority under other law to request an order to show 26 cause or notice of motion to modify a support order or to fix a payment schedule on 27 arrearages accruing under a support order or to obtain a court finding of substantial 28 compliance with a support order or a court finding of compliance with subpoenas 29 and warrants described in (a) of this section. 30 * Sec. 115. AS 25.27.244(j) is amended to read: 31 (j) A request for judicial relief from the agency's decision must state the
01 grounds on which relief is requested, and the judicial action shall be limited to those 02 stated grounds. Judicial relief under this subsection is not an appeal [,] and shall be 03 governed by court rules adopted to implement this section. Unless otherwise provided 04 by court rule, the court shall hold an evidentiary hearing within 20 calendar days after 05 the filing of service on the opposing party. The court's decision shall be limited to a 06 determination of each of the following issues, as applicable: 07 (1) whether there is a support order or a payment schedule on 08 arrearages; 09 (2) whether the petitioner is the obligor covered by the support order; 10 [AND] 11 (3) whether the obligor is in substantial compliance with the support 12 order or payment schedule; and 13 (4) whether the person requesting relief complied with all 14 subpoenas and warrants relating to paternity or a child support proceeding. 15 * Sec. 116. AS 25.27.244(k) is amended to read: 16 (k) If the court finds that the person requesting relief [OBLIGOR] is in 17 substantial compliance with the support order or payment schedule, and is in 18 compliance with all subpoenas and warrants described in (a) of this section, the 19 agency shall immediately send a release under (g) of this section to the appropriate 20 licensing entity and the applicant. 21 * Sec. 117. AS 25.27.244(l) is amended to read: 22 (l) If an applicant [WHEN THE OBLIGOR] is in substantial compliance with 23 a support order or payment schedule, and is in compliance with subpoenas and 24 warrants described in (a) of this section, the agency shall mail to the applicant and 25 the appropriate licensing entity a release stating that the applicant is in substantial 26 compliance or is in compliance with the subpoenas and warrants, as applicable. 27 The receipt of a release shall serve to notify the applicant and the licensing entity that, 28 for the purposes of this section, the applicant is in substantial compliance with the 29 support order or payment schedule, or is in compliance with the subpoenas and 30 warrants, unless the agency, under (a) of this section, certifies subsequent to the 31 issuance of a release that the applicant is once again not in substantial compliance with
01 a support order or payment schedule, or is not in compliance with a subpoena or 02 warrant. 03 * Sec. 118. AS 25.27.244(q)(2) is amended to read: 04 (2) "license" 05 (A) means, except as provided in (B) of this paragraph, a 06 recreational license, or a license, certificate, permit, registration, or other 07 authorization that, at the time of issuance, will be valid for more than 150 days 08 and that may be acquired from a state agency to perform an occupation, 09 including the following: 10 (i) license relating to boxing or wrestling under 11 AS 05.10; 12 (ii) authorization to perform an occupation regulated 13 under AS 08; 14 (iii) teacher certificate under AS 14.20; 15 (iv) authorization under AS 18.08 to perform emergency 16 medical services; 17 (v) asbestos worker certification under AS 18.31; 18 (vi) boiler operator's license under AS 18.60.395; 19 (vii) certificate of fitness under AS 18.62; 20 (viii) hazardous painting certification under AS 18.63; 21 (ix) security guard license under AS 18.65.400 - 22 18.65.490; 23 (x) license relating to insurance under AS 21.27; 24 (xi) employment agency permit under AS 23.15.330 - 25 23.15.520; 26 (xii) registration as a broker-dealer, agent, or investment 27 adviser under AS 45.55.030; 28 (xiii) certification as a pesticide applicator under 29 AS 46.03.320; 30 (xiv) certification as a storage tank worker or contractor 31 under AS 46.03.375; [AND]
01 (xv) certification as a water and wastewater works 02 operator under AS 46.30; and 03 (xvi) commercial crewmember fishing license under 04 AS 16.05.480 other than an entry permit or interim-use permit 05 under AS 16.43; 06 (B) does not include 07 (i) [A COMMERCIAL FISHING LICENSE UNDER 08 AS 16.05.480, INCLUDING A CREWMEMBER FISHING LICENSE; 09 (ii)] a vessel license issued under AS 16.05.490 or 10 16.05.530; 11 (ii) [(iii)] a license issued under AS 47.35; 12 (iii) [(iv)] a business license issued under AS 43.70; 13 (iv) [(v)] an entry permit or interim-use permit issued 14 under AS 16.43; or 15 (v) [(vi)] a driver's license issued under AS 28.15; 16 * Sec. 119. AS 25.27.244(q)(5) is amended to read: 17 (5) "list" means the list of obligors and other persons compiled and 18 maintained under (a) of this section; 19 * Sec. 120. AS 25.27.244(q)(6) is amended to read: 20 (6) "substantial compliance" regarding [WITH] a support order or 21 payment schedule ["] means that, with respect to a support order or a negotiated 22 payment schedule under (g) of this section, whichever is applicable, the obligor either 23 has no arrearage or has an arrearage in an amount that is not more than four times the 24 monthly obligation under the support order or payment schedule. 25 * Sec. 121. AS 25.27.244(q) is amended by adding new paragraphs to read: 26 (7) "recreational fishing" has the meaning given the term "sport fishing" 27 in AS 16.05.940; 28 (8) "recreational fishing license" means a sport fishing license under 29 AS 16.05.340; 30 (9) "recreational hunting" does not include subsistence hunting as 31 defined in AS 16.05.940, or the taking, hunting for, or possession of game under
01 AS 16.05 - AS 16.40, and regulations adopted under those statutes, for personal 02 consumption; 03 (10) "recreational hunting license" means a hunting license under 04 AS 16.05.340 and includes a big game hunt drawing permit under AS 16.05; 05 (11) "recreational license" means a recreational fishing license or a 06 recreational hunting license. 07 * Sec. 122. AS 25.27.244 is amended by adding new subsections to read: 08 (r) Notwithstanding any provision of AS 16, a commercial crewmember fishing 09 license described in (q)(2)(A)(xvi) of this section issued to an individual whose name 10 is on the list is void and invalid, and the individual is subject to criminal sanctions for 11 conducting the activities for which such a license is required. Notwithstanding any 12 provision of AS 16, a recreational license issued to an individual whose name is on 13 the list is void and invalid for recreational fishing or recreational hunting, and the 14 individual is subject to criminal sanctions for conducting the recreational fishing or 15 recreational hunting activities for which a license is required. Nothing in this 16 subsection prohibits an individual from using a recreational license to participate in 17 nonrecreational fishing or hunting activities, including subsistence fishing or hunting 18 activities and personal use fishing activities. The licensing entity for fishing and 19 hunting licenses shall print a notice on fishing and hunting license forms, including 20 commercial crewmember fishing license forms, clearly stating the provisions of this 21 subsection. 22 (s) After receiving information, including information from a licensing agent 23 appointed under AS 16.05.380, that a commercial crewmember fishing license or a 24 recreational license, other than a big game hunt drawing permit, has been issued to an 25 applicant, the licensing entity for the license shall promptly determine whether the 26 applicant was, at the time the applicant obtained the license, on the most recent list 27 provided by the agency under (b) of this section. If the applicant was on that list, the 28 licensing entity shall immediately serve notice under (e) of this section that (1) for a 29 recreational license, the license issued is void and invalid except for use for 30 nonrecreational fishing or hunting, including subsistence fishing or hunting and 31 personal use fishing, as applicable; or (2) for a commercial crewmember fishing
01 license, the license is void and invalid and that, notwithstanding the limitation of (d) 02 of this section, the applicant can request the licensing entity to issue a temporary 03 license under this section. A notice under this subsection is considered given when 04 delivered personally to the applicant or deposited in the United States mail addressed 05 to the applicant's last known mailing address on file with the licensing entity. 06 (t) Upon selection of successful applicants for a permit to take big game in a 07 drawing hunt, the licensing entity shall promptly determine whether any of the 08 successful applicants are on the most recent list provided by the agency under (b) of 09 this section. If an applicant is on that list, the licensing entity shall immediately deny 10 issuance of the permit to that applicant and give notice of the denial to the applicant 11 under (e) of this section. The notice is considered given when delivered personally to 12 the applicant or deposited in the United States mail addressed to the applicant's last 13 known mailing address on file with the licensing entity. 14 * Sec. 123. AS 25.27.246(a) is amended to read: 15 (a) The agency shall compile and maintain a list of obligors who have a 16 driver's license and are not in substantial compliance with a support order or payment 17 schedule negotiated under (f)(1) of this section and of other persons who, after 18 receiving appropriate notice, have failed to comply with a subpoena or warrant 19 relating to paternity or a child support proceeding. The agency may not include 20 an obligor on the list unless the agency has sent to the obligor, at the obligor's most 21 recent address on file with the agency, written notice of the arrearages at least 60 days 22 before placement on the list. The list must include the names, social security numbers, 23 dates of birth, and last known addresses of the persons [OBLIGORS]. The list shall 24 be updated by the agency on a monthly basis. 25 * Sec. 124. AS 25.27.246(b) is amended to read: 26 (b) The agency shall serve notice under (d) of this section to each person on 27 the list that the person's driver's license will be suspended in 150 days, and will not 28 be reissued or renewed the next time it is applied for if the person's name is on the 29 list at the time of the subsequent application, unless the licensee receives a release 30 from the agency. The notice shall be considered given when delivered personally to 31 the person [OBLIGOR] or deposited in the United States mail addressed to the
01 person's [OBLIGOR'S] last known mailing address on file with the agency. 02 * Sec. 125. AS 25.27.246(f) is amended to read: 03 (f) If a licensee wishes to challenge being included on the list, the licensee 04 shall submit to the agency a written request for review within 30 days after the notice 05 under (b) of this section was personally delivered or postmarked by using the form 06 developed under (d) of this section. Within 30 days after receiving a written request 07 for review, the agency shall inform the licensee in writing of the agency's findings. 08 The agency shall immediately send a release to the department and the licensee if any 09 of the following conditions is met: 10 (1) the licensee is found by the agency to have complied with all 11 subpoenas and warrants described in (a) of this section and is found to be in 12 substantial compliance with each support order applicable to the licensee or has 13 negotiated an agreement with the agency for a payment schedule on arrearages and is 14 in substantial compliance with the negotiated agreement; if the licensee fails to be in 15 substantial compliance with an agreement negotiated under this paragraph, the agency 16 shall send to the department a revocation of any release previously sent to the entity 17 for that licensee; 18 (2) the licensee has submitted a timely request for review to the 19 agency, but the agency will be unable to complete the review and send notice of 20 findings to the licensee in sufficient time for the licensee to file a timely request for 21 judicial relief within the 150-day period before the licensee's license will be suspended 22 under (c) of this section; this paragraph applies only if the delay in completing the 23 review process is not the result of the licensee's failure to act in a reasonable, timely, 24 and diligent manner upon receiving notice from the agency that the licensee's driver's 25 license will be suspended in 150 days; 26 (3) the licensee has, within 30 days after receiving the agency's 27 findings following a request for review under (2) of this subsection, filed and served 28 a request for judicial relief under this section, but a resolution of that relief will not 29 be made within the 150-day period before license suspension under (c) of this section; 30 this paragraph applies only if the delay in completing the judicial relief process is not 31 the result of the licensee's failure to act in a reasonable, timely, and diligent manner
01 upon receiving the agency's notice of findings; or 02 (4) the licensee has obtained a judicial finding of substantial 03 compliance. 04 * Sec. 126. AS 25.27.246(h) is amended to read: 05 (h) Except as otherwise provided in this section, the agency may not issue a 06 release if the licensee [APPLICANT] is not in substantial compliance with the order 07 for support or [IS NOT IN SUBSTANTIAL COMPLIANCE] with an agreement 08 negotiated under (f)(1) of this section, or is not in compliance with a subpoena or 09 warrant described in (a) of this section. The agency shall notify the licensee in 10 writing that the licensee may request any or all of the following: (1) judicial relief 11 from the agency's decision not to issue a release or the agency's decision to revoke 12 a release under (f)(1) of this section; (2) a judicial determination of substantial 13 compliance; (3) a modification of the support order. The notice must also contain the 14 name and address of the court in which the licensee may file the request for relief and 15 inform the licensee that the licensee's name shall remain on the list if the licensee does 16 not request judicial relief within 30 days after receiving the notice. The licensee shall 17 comply with all statutes and rules of court implementing this section. This section 18 does not limit a licensee's authority under other law to request an order to show cause 19 or notice of motion to modify a support order or to fix a payment schedule on 20 arrearages accruing under a support order or to obtain a court finding of substantial 21 compliance with a support order or a court finding of compliance with subpoenas 22 and warrants described in (a) of this section. 23 * Sec. 127. AS 25.27.246(i) is amended to read: 24 (i) A request for judicial relief from the agency's decision must state the 25 grounds on which relief is requested, and the judicial action shall be limited to those 26 stated grounds. Judicial relief under this subsection is not an appeal and shall be 27 governed by court rules adopted to implement this section. Unless otherwise provided 28 by court rule, the court shall hold an evidentiary hearing within 20 calendar days after 29 the filing of service on the opposing party. The court's decision shall be limited to a 30 determination of each of the following issues, as applicable: 31 (1) whether there is a support order or a payment schedule on
01 arrearages; 02 (2) whether the petitioner is the obligor covered by the support order; 03 [AND] 04 (3) whether the obligor is in substantial compliance with the support 05 order or payment schedule; and 06 (4) whether the person requesting relief complied with all 07 subpoenas and warrants relating to paternity or a child support proceeding. 08 * Sec. 128. AS 25.27.246(j) is amended to read: 09 (j) If the court finds that the person requesting relief [OBLIGOR] is in 10 substantial compliance with the support order or payment schedule, or is in 11 compliance with subpoenas and warrants described in (a) of this section, the 12 agency shall immediately send a release under (f) of this section to the department and 13 the licensee. 14 * Sec. 129. AS 25.27.246(k) is amended to read: 15 (k) If a licensee [WHEN THE OBLIGOR] is in substantial compliance with 16 a support order or payment schedule, and is in compliance with all subpoenas and 17 warrants described in (a) of this section, the agency shall mail to the licensee 18 [APPLICANT] and the department a release stating that the licensee is in substantial 19 compliance or is in compliance with the subpoenas and warrants, as applicable. 20 The receipt of a release shall serve to notify the licensee and the department that, for 21 the purposes of this section, the licensee [APPLICANT] is in substantial compliance 22 with the support order or payment schedule, or is in compliance with the subpoenas 23 and warrants, unless the agency, under (a) of this section, certifies subsequent to the 24 issuance of a release that the licensee is once again not in substantial compliance with 25 a support order or payment schedule, or is not in compliance with a subpoena or 26 warrant. 27 * Sec. 130. AS 25.27.246(n)(4) is amended to read: 28 (4) "list" means the list of obligors and other persons compiled and 29 maintained under (a) of this section; 30 * Sec. 131. AS 25.27.246(n)(5) is amended to read: 31 (5) "substantial compliance" regarding [WITH] a support order or
01 payment schedule ["] means that, with respect to a support order or a negotiated 02 payment schedule under (f) of this section, whichever is applicable, the obligor either 03 has no arrearage or has an arrearage in an amount that is not more than four times the 04 monthly obligation under the support order or payment schedule. 05 * Sec. 132. AS 25.27.250(a) is amended to read: 06 (a) At the expiration of (1) [15 DAYS AFTER THE DATE OF SERVICE OF 07 AN INCOME WITHHOLDING ORDER UNDER AS 25.27.062 OR NOTICE UNDER 08 AS 25.27.150, OR (2)] 30 days after the date of service of a notice and finding of 09 financial responsibility under AS 25.27.160; [,] or (2) [(3)] 30 days after service of a 10 decision establishing paternity under AS 25.27.165 [AS 25.27.165(c) OR (d)], the 11 agency may issue to any person, political subdivision, or department of the state an 12 order to withhold and deliver property without prior notice to the obligor. 13 * Sec. 133. AS 25.27.250(d) is amended to read: 14 (d) The order to withhold and deliver shall be served upon the person, political 15 subdivision, or department of the state possessing the property electronically or by 16 first class mail [IN THE MANNER PROVIDED FOR SERVICE OF LIENS UNDER 17 AS 25.27.240]. The order must state the amount of the obligor's liability and must 18 state in summary the terms of AS 25.27.260 and 25.27.270. 19 * Sec. 134. AS 25.27.250(f) is amended to read: 20 (f) If a person, political subdivision, or department of the state upon whom 21 service of an order to withhold and deliver has been made possesses property due, 22 owing, or belonging to the obligor, that person, subdivision, or department shall 23 withhold the property immediately upon receipt of the order and shall deliver the 24 property to the agency (1) if the property is earnings of an employee who is subject 25 to a child support order being enforced by the agency, within seven business days 26 after the amount would, but for this section, have been paid or credited to the 27 employee; or (2) in the case of all other property, within 14 business days after 28 [THE EXPIRATION OF THE 14-DAY PERIOD FROM] the date of service of the 29 order [OR EXPIRATION OF THE PERIOD SPECIFIED IN AS 25.27.062(e), 30 WHICHEVER IS EARLIER]. The agency shall hold property delivered under this 31 subsection in trust for application against the liability of the obligor under
01 AS 25.27.062, 25.27.120, or 25.27.160 or for return, without interest, depending on 02 final determination of liability or nonliability under this chapter. The agency may 03 accept a good and sufficient bond to secure payment of past, present, and future 04 support conditioned upon final determination of liability in lieu of requiring delivery 05 of property under this subsection. 06 * Sec. 135. AS 25.27.265(b) is repealed and reenacted to read: 07 (b) Each party to a paternity or child support proceeding shall file with the 08 tribunal and inform the agency of the party's name, location, social security number, 09 residential and mailing addresses, telephone number, and driver's license number, as 10 well as the name, address, and telephone number of any employer of the party. If a 11 change in this information occurs, the party shall immediately notify the tribunal and 12 the agency and provide updated information. 13 * Sec. 136. AS 25.27.265 is amended by adding a new subsection to read: 14 (c) Notwithstanding (a) of this section, if a tribunal finds that the agency has 15 made diligent efforts to give or serve a notice, paper, or other document required by 16 this chapter, the tribunal may order that service may be given upon the party by 17 sending the document by first class mail to the party's most recent mailing address on 18 file with the agency. 19 * Sec. 137. AS 25.27.273(a) is amended to read: 20 (a) The agency may provide to credit bureaus or lending institutions of any 21 kind information about delinquent support owed by obligors. The information 22 provided must consist solely of the payment history of the obligor [FOR A PERIOD 23 NOT TO EXCEED 10 YEARS BEFORE THE DATE THE INFORMATION IS 24 PROVIDED]. 25 * Sec. 138. AS 25.27.275 is repealed and reenacted to read: 26 Sec. 25.27.275. Nondisclosure of information in exceptional circumstances. 27 Upon a finding, which may be made ex parte, that the health, safety, or liberty of a 28 party or child would be unreasonably put at risk by the disclosure of identifying 29 information, or if an existing order so provides, a tribunal shall order that the address 30 of the party or child or other identifying information not be disclosed in a pleading or 31 other document filed in a proceeding under this chapter.
01 * Sec. 139. AS 25.27 is amended by adding a new section to read: 02 Sec. 25.27.279. Voiding of fraudulent transfers made to avoid payment of 03 child support. In addition to the rights provided in AS 09.25.060, if a transfer of 04 personal or real property is made by an obligor without immediate delivery and the 05 actual continuing change of possession of the property transferred, the transfer of the 06 property is presumed prima facie to be fraud against creditors for child support of the 07 obligor who transferred the property and subsequent purchasers in good faith and for 08 valuable consideration during the time the property remains in the possession of the 09 obligor who made the transfer, except that retention of possession in good faith and 10 current course of trade by a merchant seller for a commercially reasonable time after 11 the sale or identification is not fraudulent. Nothing contained in this section 12 supersedes the provisions of AS 45.01 - AS 45.09, AS 45.12, and AS 45.14 (Uniform 13 Commercial Code). 14 * Sec. 140. AS 25.27.900(3) is amended to read: 15 (3) "duty of support" includes a duty of support imposed or imposable 16 by law, by a court order, decree, or judgment, or by a finding or decision rendered 17 under this chapter whether interlocutory or final, whether incidental to a proceeding 18 for divorce, legal separation, separate maintenance, or otherwise, and includes the duty 19 to pay arrearages of support past due and unpaid together with penalties and interest 20 on arrearages imposed under AS 25.27.020(a)(2)(B) [AS 25.27.020(a)(2)(C)]; 21 * Sec. 141. AS 25.27.900(4) is repealed and reenacted to read: 22 (4) "earnings" includes income from any form of periodic payment due 23 to an individual, regardless of source; the gain derived from the investment of capital, 24 from labor, or from a combination of investment and labor; and the interest on any of 25 this income; in this paragraph, "periodic payment" includes wages, salaries, 26 commissions, bonuses, workers' compensation, disability benefits, and payments under 27 a pension or retirement program; 28 * Sec. 142. AS 25.27.900(7) is repealed and reenacted to read: 29 (7) "support order" means any judgment, decree, or order that is issued 30 by a tribunal for the support and maintenance of a child or of a child and a parent with 31 whom the child is living; "support order" includes a judgment, decree, or order
01 (A) on behalf of a child who has reached the age of majority 02 if the judgment, decree, or order was lawfully issued; and 03 (B) for 04 (i) monetary support, including arrearages; 05 (ii) payment of health care costs or maintenance of 06 health insurance; 07 (iii) reimbursement of related costs; 08 (iv) payment of attorney fees and legal costs and other 09 fees; and 10 (v) penalty, interest, and other relief as required by a 11 tribunal. 12 * Sec. 143. AS 25.27.900 is amended by adding new paragraphs to read: 13 (8) "business day" means a day on which state government offices are 14 open for regular business; 15 (9) "employer" means an individual or entity within the meaning given 16 that term in 26 U.S.C. 3401(d); "employer" includes a governmental entity or a labor 17 organization; 18 (10) "tribunal" means a court, administrative agency, or quasi-judicial 19 entity authorized to establish, enforce, or modify support orders or to determine 20 parentage. 21 * Sec. 144. AS 28.05.061 is amended by adding a new subsection to read: 22 (d) If a copy of a motor vehicle record prepared or maintained by the 23 Department of Administration is requested by the child support enforcement agency 24 created in AS 25.27.010, or the child support enforcement agency of another state, the 25 department shall provide the requesting agency with a certified copy of the record. If 26 information is prepared or maintained by the department in an electronic data base, the 27 department may give the requesting agency a copy of the electronic record and a 28 statement certifying its contents. The agency receiving information under this 29 subsection may use the information only for child support purposes authorized under 30 law. 31 * Sec. 145. AS 29.45.103 is amended by adding a new subsection to read:
01 (c) Upon request, a record described in (a) or (b) of this section shall promptly 02 be made available to the child support enforcement agency created in AS 25.27.010 03 or the child support enforcement agency of another state. If the record is prepared or 04 maintained in an electronic data base, it may be supplied by providing the requesting 05 agency with a copy of the electronic records and a statement certifying its contents. 06 The agency receiving information under this subsection may use the information only 07 for child support purposes authorized under law. 08 * Sec. 146. AS 33.30 is amended by adding a new section to read: 09 Sec. 33.30.216. Copies of records for child support purposes. If a copy of 10 a record prepared or maintained by or on behalf of the commissioner for a person in 11 the custody of the commissioner is requested by the child support enforcement agency 12 created in AS 25.27.010, or the child support enforcement agency of another state, the 13 official custodian of the record shall provide the requesting agency with a certified 14 copy of the record. If the record is prepared or maintained in an electronic data base, 15 the official custodian of the record may provide the requesting agency with a copy of 16 the electronic record and a statement certifying its contents. The agency receiving 17 information under this section may use the information only for child support purposes 18 authorized under law. 19 * Sec. 147. AS 39.25.080 is amended by adding a new subsection to read: 20 (e) In addition to any access to state personnel records authorized under (b) 21 of this section, state personnel records shall promptly be made available to the child 22 support enforcement agency created in AS 25.27.010 or the child support enforcement 23 agency of another state. If the record is prepared or maintained in an electronic data 24 base, it may be supplied by providing the requesting agency with access to the data 25 base or a copy of the information in the data base and a statement certifying its 26 contents. The agency receiving information under this subsection may use the 27 information only for child support purposes authorized under law. 28 * Sec. 148. AS 43.23.055 is amended by adding a new paragraph to read: 29 (9) provide any information, upon request, contained in permanent fund 30 dividend records to the child support enforcement agency created in AS 25.27.010, or 31 the child support enforcement agency of another state, for child support purposes
01 authorized under law; if the information is contained in an electronic data base, the 02 department shall provide the requesting agency with either 03 (A) access to the data base; or 04 (B) a copy of the information in the data base and a statement 05 certifying its contents. 06 * Sec. 149. AS 47.05.020, as amended by sec. 33, ch. 107, SLA 1996, is amended by 07 adding a new subsection to read: 08 (b) In addition to any access to public assistance records authorized under (a) 09 of this section, the department shall provide a copy of a public assistance record 10 prepared or maintained by or on behalf of the department to the child support 11 enforcement agency created in AS 25.27.010, or the child support enforcement agency 12 of another state, upon the request of the respective agency. If the record is in an 13 electronic data base, the department shall provide the requesting agency with either 14 access to the data base, or a copy of the information in the data base and a statement 15 certifying its contents. The agency receiving the information under this subsection 16 may use the information only for child support purposes authorized under law. 17 * Sec. 150. AS 47.05.030, as amended by secs. 34 and 35, ch. 107, SLA 1996, is amended 18 by adding a new subsection to read: 19 (c) It is not a violation of (a) of this section for the department or an employee 20 of the department to disclose information to the child support enforcement agency 21 created in AS 25.27.010, or the child support enforcement agency of another state, if 22 the receiving agency requests the information only for purposes authorized under 23 AS 47.05.020. 24 * Sec. 151. AS 47.27.040(b), as enacted by sec. 7, ch. 107, SLA 1996, is amended to read: 25 (b) An Alaska temporary assistance program participant shall cooperate with 26 the child support enforcement agency of the Department of Revenue in establishing 27 paternity or establishing, modifying, or enforcing a child support order requiring the 28 payment of support by the noncustodial parent for a dependent child for whom Alaska 29 temporary assistance program assistance is received. The child support enforcement 30 agency shall determine whether the participant is in good faith compliance with 31 the requirements of this subsection and shall inform the Department of Health
01 and Social Services of its determination. The Department of Health and Social 02 Services shall establish whether [UNLESS] the participant has [ESTABLISHES] 03 good cause for refusing to cooperate. 04 * Sec. 152. (a) AS 18.50.165(c); AS 25.25.611(e); AS 25.27.100(b), and 25.27.250(h) are 05 repealed. 06 (b) Section 45, ch. 107, SLA 1996, and sec. 62, ch. 107, SLA 1996, are repealed. 07 * Sec. 153. The provisions of AS 25.20.050(e), as amended by sec. 38 of this Act, and 08 AS 25.20.050(i), added by sec. 41 of this Act, have the effect of amending Rule 35, Alaska 09 Rules of Civil Procedure, by requiring the court to order genetic testing in contested paternity 10 actions in certain circumstances and preventing the court from ordering such testing if good 11 cause is shown. 12 * Sec. 154. The provisions of AS 25.20.020(k), added by sec. 41 of this Act, have the 13 effect of amending Rule 90.3, Alaska Rules of Civil Procedure, by requiring the court in a 14 paternity action to issue a temporary child support order upon a showing by clear and 15 convincing evidence of paternity. 16 * Sec. 155. The provisions of AS 25.20.050(n), AS 25.24.160(d), AS 25.24.210(e)(12), and 17 AS 25.24.230(i), added by secs. 41, 43, 45, and 46, respectively, of this Act have the effect 18 of amending Rules 52, 58, 78, and 90.1, Alaska Rules of Civil Procedure, by requiring the 19 court to include social security numbers, if ascertainable, of parties and children in certain 20 petitions, pleadings, or judgments. 21 * Sec. 156. The provisions of AS 25.24.170(b), as amended by sec. 44 of this Act, have 22 the effect of amending Rule 90.3(h)(1), Alaska Rules of Civil Procedure, by changing the 23 standard for certain modifications of a support order as necessary to comply with federal law. 24 * Sec. 157. The provisions of AS 25.27.265(c), added by sec. 136 of this Act, have the 25 effect of amending Rules 4 and 5, Alaska Rules of Civil Procedure, by allowing service at the 26 opposing party's last known address on file with the child support enforcement agency in 27 certain circumstances. 28 * Sec. 158. The provisions of AS 25.20.050(j), added by sec. 41 of this Act, have the 29 effect of amending Rule 901 Alaska Rules of Evidence, by limiting the discretion of the court 30 to exclude documentary evidence of specified costs in a paternity action. 31 * Sec. 159. The provisions of AS 08.08.137, as amended by sec. 9 of this Act, have the
01 effect of amending Rules 3 and 5, Alaska Bar Association Rules, by requiring applicants for 02 admission to the practice of law in the state to submit social security numbers for child 03 support purposes. 04 * Sec. 160. TRANSITION: REGULATIONS. Notwithstanding secs. 162 - 165 of this 05 Act, the child support enforcement agency and any state department or agency that is affected 06 by this Act and that has regulation adoption authority may proceed to adopt regulations 07 necessary to implement the changes made by this Act. The regulations take effect under 08 AS 44.62 (Administrative Procedure Act), but not before the effective date of the respective 09 section of this Act that the regulations are implementing. 10 * Sec. 161. Section 160 of this Act takes effect immediately under AS 01.10.070(c). 11 * Sec. 162. Except as provided in secs. 161 and 163 - 165 of this Act, this Act takes effect 12 July 1, 1997. 13 * Sec. 163. Section 151 of this Act takes effect July 1, 1997, or on the effective date of 14 AS 47.27.040, whichever is later. 15 * Sec. 164. Sections 110 - 112, 118, 121, and 122 of this Act take effect January 1, 1998. 16 * Sec. 165. The amendment to AS 25.27.244(g) that adds a reference to the notice under 17 "(s) or (t) of this section," enacted by sec. 113 of this Act, takes effect January 1, 1998.