CSSB 154(FIN) AM: "An Act making statutory changes that will be repealed on July 1, 1999, relating to paternity determination and child support; making statutory changes that will be repealed on July 1, 1999, relating to reporting of and access to financial or other information for child support purposes; making statutory changes that will be repealed on July 1, 1999, to laws relating to occupational licenses, crewmember fishing licenses, drivers' licenses, and other permits, certificates, or other authorizations issued by the state, other than recreational fishing and hunting licenses, to facilitate administration of child support laws; making statutory changes that will be repealed on July 1, 1999, relating to immunity from civil liability for good faith compliance with reporting or other requirements for child support purposes; making statutory changes that will be repealed on July 1, 1999, relating to voiding fraudulent transfers and to penalties for noncompliance with orders for child support purposes; making statutory changes that will be repealed on July 1, 1999, providing that an obligor will be considered to be in substantial compliance with a support order or payment schedule if a court determines that the obligor is making the best efforts possible to have no arrearages; making statutory changes that will be repealed on July 1, 1999, providing that the authority of a tribunal to order that service be given to a party by first class mail applies to subsequent child support enforcement efforts by the agency with respect to that party; making statutory changes that will be repealed on July 1, 1999, allowing a party aggrieved by an order of nondisclosure of information relating to a party or a child in a child support proceeding to contest that order in a hearing when the order was based on an ex parte finding of risk; retaining existing law relating to the duty of employers and labor unions to provide employment and compensation reports to the child support enforcement agency; making statutory changes that will be repealed on July 1, 1999, requiring that administrative subpoenas of the child support enforcement agency be served in the manner provided for service of liens by the agency; making statutory changes that will be repealed on July 1, 1999, requiring that administrative orders to withhold and deliver be served by the child support enforcement agency electronically or in the manner provided for service of liens by the agency; retaining existing law with respect to whether a lien arising under the child support laws of another state shall be given full faith and credit in this state; making statutory changes that will be repealed on July 1, 1999, allowing the child support enforcement agency of this or another state, but not any other person, to serve a copy of certain liens relating to child support at any time after recording of the lien; making statutory changes that will be repealed on July 1, 1999, allowing the periodic modification of child support orders without a showing of a material change in circumstances but only if the order was not modified in the three years preceding the periodic modification; making statutory changes that will be repealed on July 1, 1999, modifying the duties of the child support enforcement agency but not authorizing the agency to enter into contracts or agreements with contractors to perform some or all of the function of the agency's disbursement unit; reenacting and reinstating existing laws relating to child support and paternity determination upon the repeal of the changes made by this law on July 1, 1999; 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) am 01 "An Act making statutory changes that will be repealed on July 1, 1999, 02 relating to paternity determination and child support; making statutory changes 03 that will be repealed on July 1, 1999, relating to reporting of and access to 04 financial or other information for child support purposes; making statutory 05 changes that will be repealed on July 1, 1999, to laws relating to occupational 06 licenses, crewmember fishing licenses, drivers' licenses, and other permits, 07 certificates, or other authorizations issued by the state, other than recreational 08 fishing and hunting licenses, to facilitate administration of child support laws; 09 making statutory changes that will be repealed on July 1, 1999, relating to 10 immunity from civil liability for good faith compliance with reporting or other 11 requirements for child support purposes; making statutory changes that will be 12 repealed on July 1, 1999, relating to voiding fraudulent transfers and to 13 penalties for noncompliance with orders for child support purposes; making 14 statutory changes that will be repealed on July 1, 1999, providing that an
01 obligor will be considered to be in substantial compliance with a support order 02 or payment schedule if a court determines that the obligor is making the best 03 efforts possible to have no arrearages; making statutory changes that will be 04 repealed on July 1, 1999, providing that the authority of a tribunal to order 05 that service be given to a party by first class mail applies to subsequent child 06 support enforcement efforts by the agency with respect to that party; making 07 statutory changes that will be repealed on July 1, 1999, allowing a party 08 aggrieved by an order of nondisclosure of information relating to a party or 09 a child in a child support proceeding to contest that order in a hearing when 10 the order was based on an ex parte finding of risk; retaining existing law 11 relating to the duty of employers and labor unions to provide employment and 12 compensation reports to the child support enforcement agency; making statutory 13 changes that will be repealed on July 1, 1999, requiring that administrative 14 subpoenas of the child support enforcement agency be served in the manner 15 provided for service of liens by the agency; making statutory changes that will 16 be repealed on July 1, 1999, requiring that administrative orders to withhold 17 and deliver be served by the child support enforcement agency electronically or 18 in the manner provided for service of liens by the agency; retaining existing 19 law with respect to whether a lien arising under the child support laws of 20 another state shall be given full faith and credit in this state; making statutory 21 changes that will be repealed on July 1, 1999, allowing the child support 22 enforcement agency of this or another state, but not any other person, to serve 23 a copy of certain liens relating to child support at any time after recording 24 of the lien; making statutory changes that will be repealed on July 1, 1999, 25 allowing the periodic modification of child support orders without a showing of 26 a material change in circumstances but only if the order was not modified in 27 the three years preceding the periodic modification; making statutory changes 28 that will be repealed on July 1, 1999, modifying the duties of the child support 29 enforcement agency but not authorizing the agency to enter into contracts or 30 agreements with contractors to perform some or all of the function of the 31 agency's disbursement unit; reenacting and reinstating existing laws relating to
01 child support and paternity determination upon the repeal of the changes made 02 by this law on July 1, 1999; amending Rules 4, 5, 35, 52, 58, 78, 90.1, and 03 90.3, Alaska Rules of Civil Procedure; amending Rule 901, Alaska Rules of 04 Evidence; amending Rules 3 and 5, Alaska Bar Association Rules; repealing the 05 effective date of sec. 45, ch. 107, SLA 1996; and providing for an effective 06 date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. FINDINGS; INTENT. The legislature finds that the federal requirements are 09 unreasonable and constitutionally questionable, and the statutory changes that must be made 10 to meet the federal requirements may do little to improve collections. These statutory changes 11 are being made only under duress from the federal government. 12 * Sec. 2. AS 06.05 is amended by adding a new section to read: 13 Sec. 06.05.537. Copies of records for child support purposes. If a copy of 14 a record concerning an individual who owes or is owed child support, including a 15 record concerning assets and liabilities of the individual, prepared or maintained by a 16 bank of this state is requested by the child support enforcement agency established in 17 AS 25.27.010 or the child support enforcement agency of another state, the bank shall 18 provide the requesting agency with a certified copy of the record. If information is 19 prepared or maintained by the bank in an electronic data base, the bank may provide 20 the requesting agency a copy of the electronic record and a statement certifying its 21 contents. The agency receiving information under this section may use the information 22 only for child support purposes authorized under law. 23 * Sec. 3. AS 06.20.020 is amended by adding a new subsection to read: 24 (b) In addition to the requirements in (a) of this section, if a natural person 25 makes application for a license, the applicant shall supply the applicant's social 26 security number to the department. Upon request, the department shall provide the 27 social security number to the child support enforcement agency created in 28 AS 25.27.010, or the child support enforcement agency of another state, for child 29 support purposes authorized under law. 30 * Sec. 4. AS 06.40.050(a) is amended to read: 31 (a) Application for a license under this chapter shall be in writing and in the
01 form prescribed by the department. If the applicant is a natural person, the 02 application form must require submission of the applicant's social security 03 number. 04 * Sec. 5. AS 06.40.050 is amended by adding a new subsection to read: 05 (e) Upon request, the department shall provide a social security number 06 submitted under (a) of this section to the child support enforcement agency created in 07 AS 25.27.010, or the child support agency of another state, for child support purposes 08 authorized under law. 09 * Sec. 6. AS 08.01.060 is amended by adding a new subsection to read: 10 (b) If the applicant is a natural person, the application must require that the 11 applicant submit the applicant's social security number to the department. 12 Notwithstanding any other provision of this title, a license to engage in a profession 13 may not be issued by the department to a natural person unless the social security 14 number has been provided to the department. 15 * Sec. 7. AS 08.01 is amended by adding a new section to read: 16 Sec. 08.01.089. Copies of records for child support purposes. If a copy of 17 a public record concerning an individual who owes or is owed child support that is 18 prepared or maintained by the department is requested by the child support 19 enforcement agency created in AS 25.27.010 or a child support enforcement agency 20 of another state, the department shall provide the requesting agency with a certified 21 copy of the public record, including the individual's social security number. If these 22 records are prepared or maintained by the department in an electronic data base, the 23 records may be supplied by providing the requesting agency with a copy of the 24 electronic record and a statement certifying its contents. A requesting agency 25 receiving information under this section may use it only for child support purposes 26 authorized under law. 27 * Sec. 8. AS 08.01.100 is amended by adding a new subsection to read: 28 (e) Notwithstanding any other provision of this title, a renewal of a license 29 may not be issued by the department to a natural person unless the licensee's social 30 security number has been provided to the department. 31 * Sec. 9. AS 08.08.137 is amended to read:
01 Sec. 08.08.137. Fingerprints. The Board of Governors shall require an 02 applicant for admission to be fingerprinted and to provide the applicant's social 03 security number. The fingerprints shall be used to determine whether the applicant 04 has a record of criminal convictions in this state or another jurisdiction. The Board 05 of Governors may use the information obtained from the fingerprinting only in its 06 official determination of the character and fitness of the applicant for admission to the 07 Alaska Bar Association. The applicant's social security number shall be provided 08 to the child support enforcement agency established in AS 25.27.010, or the child 09 support enforcement agency of another state, upon request by the respective 10 agency; the requesting agency may use that information only for child support 11 purposes authorized under law. 12 * Sec. 10. AS 09.25.100 is amended to read: 13 Sec. 09.25.100. Disposition of tax information. Information in the possession 14 of the Department of Revenue that discloses the particulars of the business or affairs 15 of a taxpayer or other person is not a matter of public record, except for purposes of 16 child support administration as described in (b) of this section, investigation, and 17 law enforcement. The information shall be kept confidential except when its 18 production is required in response to a request for purposes of child support 19 administration as described in (b) of this section, in an official investigation, in an 20 administrative adjudication under AS 43.05.400 - 43.05.499, or in a court proceeding. 21 These restrictions do not prohibit the publication of statistics presented in a manner 22 that prevents the identification of particular reports and items, [PROHIBIT] the 23 publication of tax lists showing the names of taxpayers who are delinquent and 24 relevant information that may assist in the collection of delinquent taxes, or 25 [PROHIBIT] the publication of records, proceedings, and decisions under 26 AS 43.05.400 - 43.05.499. 27 * Sec. 11. AS 09.25.100 is amended by adding a new subsection to read: 28 (b) If a copy of a record of tax information is requested under (a) of this 29 section for the purposes of child support administration, the copy may be released only 30 to the child support enforcement agency created in AS 25.27.010 or a child support 31 enforcement agency of another state. The Department of Revenue shall provide the
01 requesting agency with a copy of the record. The requesting agency receiving 02 information under this subsection may use it only for child support purposes authorized 03 under law. 04 * Sec. 12. AS 09.55.050 is amended to read: 05 Sec. 09.55.050. Effect of presumptive death certificate. After the judge or 06 magistrate has entered an order declaring that the person is presumed to be dead either 07 under AS 09.55.020 - 09.55.060 or under the laws dealing with missing persons, the 08 judge or magistrate shall make out and sign a certificate entitled "Presumptive Death 09 Certificate" in the form and manner and containing the information required by the 10 Bureau of Vital Statistics. In addition to the information required by the Bureau 11 of Vital Statistics, the certificate must contain the decedent's social security 12 number, if ascertainable. The certificate shall be recorded by the judge or magistrate 13 and then filed with the Bureau of Vital Statistics. Upon the entry of the order and the 14 recording and filing of the "Presumptive Death Certificate" as herein provided, the 15 missing person is presumed to be dead, and the person's estate may be administered 16 in accordance with the then existing provisions of law applicable to the administration 17 of the estates of deceased persons. 18 * Sec. 13. AS 09.65 is amended by adding a new section to read: 19 Sec. 09.65.240. Immunity for certain actions related to child support. A 20 person, including the state and its subdivisions, agencies, officers, and employees, may 21 not be held liable for good faith 22 (1) compliance with a subpoena of this or another state that requests 23 information, including the social security number and employment history of a person, 24 issued by the child support enforcement agency created in AS 25.27.010, or the child 25 support enforcement agency of another state, for child support purposes authorized 26 under law; 27 (2) collection of child support, including encumbering or surrendering 28 assets in response to a notice of lien or levy for the payment of child support; or 29 (3) compliance with an income withholding notice or an order to 30 withhold and deliver that is regular on its face and is for child support purposes. 31 * Sec. 14. AS 14.20 is amended by adding a new section to read:
01 Sec. 14.20.027. Reporting of and access to social security numbers. 02 Notwithstanding AS 14.20.010 - 14.20.040, the department may not issue a teacher 03 certificate under AS 14.20.020 or a limited teacher certificate under AS 14.20.025 04 unless the applicant has supplied the department with the applicant's social security 05 number. Upon request, the department shall provide the social security number to the 06 child support enforcement agency created in AS 25.27.010, or the child support 07 enforcement agency of another state, for child support purposes authorized under law. 08 * Sec. 15. AS 16.05.450(a) is amended to read: 09 (a) The commissioner or an authorized agent shall issue a crewmember fishing 10 license under AS 16.05.480 to each qualified person who files a written application at 11 a place in the state designated by the commissioner, containing the reasonable 12 information required by the commissioner together with the required fee. The 13 commissioner shall require the reporting of the applicant's social security number 14 on the application. The application shall be simple in form and shall be executed by 15 the applicant under the penalty of unsworn falsification. 16 * Sec. 16. AS 16.05.450 is amended by adding a new subsection to read: 17 (d) Upon request, the commissioner shall provide a social security number 18 provided under (a) of this section to the child support enforcement agency created in 19 AS 25.27.010, or the child support enforcement agency of another state, for child 20 support purposes authorized under law. 21 * Sec. 17. AS 16.05.480(b) is amended to read: 22 (b) A person applying for a resident commercial license under this section 23 shall provide the person's social security number and the proof of residence that the 24 department requires by regulation. 25 * Sec. 18. AS 16.05.480 is amended by adding a new subsection to read: 26 (d) Upon request, the department shall provide a social security number 27 provided under (a) of this section to the child support enforcement agency created in 28 AS 25.27.010, or the child support agency of another state, for child support purposes 29 authorized under law. 30 * Sec. 19. AS 16.05.815(a) is amended by adding a new paragraph to read: 31 (8) any of its records and reports to the child support enforcement
01 agency created in AS 25.27.010, or the child support enforcement agency of another 02 state, for child support purposes authorized under law. 03 * Sec. 20. AS 18.50.160(e) is amended to read: 04 (e) If the mother was not married at conception, during the pregnancy, or at 05 birth, the name of the father may not be entered on the certificate of birth [,] unless 06 (1) paternity has been lawfully determined by a tribunal, in which case 07 the name of the father, if determined by the tribunal, shall be entered; 08 (2) both the mother and the man to be named as the father have 09 executed affidavits attesting that that man is the father, so long as the affidavits meet 10 the requirements of (g) of this section and AS 18.50.165; or 11 (3) [AS] otherwise specified by statute. 12 * Sec. 21. AS 18.50.165(a) is amended to read: 13 (a) The state registrar shall prepare a form for use in acknowledging paternity 14 under AS 25.20.055. On an after July 1, 1997, the form must comply with the 15 minimum requirements of 42 U.S.C. 652(a)(7). The form must include 16 (1) a statement that the man who signs the form is acknowledging that 17 the man is the natural father of the child named in the form and that the man assumes 18 the parental duty of support of that child; 19 (2) the address and social security number of both parents of the child 20 named in the form; 21 (3) signature lines for both parents; [AND] 22 (4) a signature line for either a witness or notary public; and 23 (5) on and after July 1, 1997, a statement that 24 (A) sets out the legal consequences to and the rights and 25 responsibilities of the mother and the man acknowledging paternity of 26 signing the form, including 27 (i) if one of the parents is a minor, any rights given 28 due to minority status; 29 (ii) legal alternatives to signing the form; and 30 (iii) the legal responsibility that arises from signing 31 the form;
01 (B) the mother and the man acknowledging paternity have 02 been notified that, unless fraud, duress, or material mistake of fact is 03 shown in accordance with AS 25.20.050, the acknowledgment may only be 04 rescinded by the earlier of the following dates: 05 (i) 60 days after the date of the person's signature; 06 or 07 (ii) the date of initiation of an administrative or 08 judicial procedure to establish support of the child in which the 09 person is a party; and 10 (C) the mother and the man acknowledging paternity have 11 read and understand the contents of the form. 12 * Sec. 22. AS 18.50.165 is amended by adding new subsections to read: 13 (e) An acknowledgment of paternity that met the requirements of state law at 14 the time that the acknowledgment was made in this state is not ineffective due to 15 changes in the form for acknowledgment occurring after the date that the 16 acknowledgment was made. 17 (f) An acknowledgment of paternity affidavit or form executed in another state 18 meeting that state's legal requirements shall be considered in this state as if the 19 affidavit or form was executed in compliance with this section. 20 (g) The registrar shall offer voluntary acknowledgment of paternity services 21 by making available technical assistance about the form described in this section. 22 Upon request, the registrar shall provide oral assistance to parents wishing to complete 23 the form. 24 * Sec. 23. AS 18.50.230 is amended by adding a new subsection to read: 25 (f) A death certificate issued under this section must include the decedent's 26 social security number, if ascertainable. Upon request, the registrar shall provide a 27 decedent's social security number to the child support enforcement agency created in 28 AS 25.27.010, or the child support agency of another state, for child support purposes 29 authorized under law. 30 * Sec. 24. AS 18.50.280(a) is amended to read: 31 (a) For each dissolution, divorce, and annulment of marriage granted by a
01 court in the state, the clerk of the court shall prepare and file a certificate of 02 dissolution, divorce, or annulment with the bureau, on forms prescribed and furnished 03 by the bureau. The forms must require the reporting of the social security 04 numbers of the petitioner or plaintiff and, if ascertainable, the other party to the 05 dissolution, divorce, or annulment of marriage. The petitioner or plaintiff shall 06 furnish the court with the information necessary to complete the certificate, and the 07 furnishing of this information is prerequisite to the issuance of a decree. 08 * Sec. 25. AS 18.50.280 is amended by adding a new subsection to read: 09 (c) Upon request, the bureau shall provide a social security number supplied 10 under (a) of this section to the child support enforcement agency created in 11 AS 25.27.010, or the child support enforcement agency of another state, for child 12 support purposes authorized under law. 13 * Sec. 26. AS 18.50.320 is amended to read: 14 Sec. 18.50.320. Copies of data from vital records. Except as otherwise 15 provided and in accordance with the regulations adopted under AS 18.50.310, 16 (1) the bureau and the custodian of permanent local records shall, upon 17 request, issue a certified copy of a certificate or record in their custody, or a part of 18 it; each copy issued must show the date of registration or recording, and copies issued 19 from records marked "delayed," "amended," or "court order" shall be similarly marked 20 and must show the effective date; 21 (2) a certified copy of a certificate or a part of it issued in accordance 22 with (1) of this section is considered the original for all purposes, and is prima facie 23 evidence of the facts stated, provided that the evidentiary value of a certificate or 24 record filed more than one year after the event, or a record that has been amended, or 25 a presumptive death certificate, shall be determined by the judicial or administrative 26 body or official before whom the certificate is offered as evidence; 27 (3) the National Office of Vital Statistics may be furnished the copies 28 or data it requires for national statistics [,] if the bureau is reimbursed for the cost of 29 furnishing the data; the National Office of Vital Statistics may not use the data for 30 purposes other than statistical purposes unless authorized by the state registrar; 31 (4) federal, state, local, and other public or private agencies, upon
01 request, may be furnished copies or data for statistical purposes on the terms or 02 conditions prescribed by the bureau; 03 (5) a person or agency may not prepare or issue a certificate or part of 04 a certificate that purports to be an original, certified copy, or copy of a certificate of 05 birth, death, fetal death, or marriage, except as authorized in this chapter or the 06 regulations adopted under it; 07 (6) upon request, the bureau shall furnish a copy of a certificate or 08 record registered by the bureau to the child support enforcement agency created 09 in AS 25.27.010, or the child support enforcement agency of another state, for 10 child support purposes authorized under law; such a certificate or record that is 11 prepared or maintained in an electronic data base may be supplied by providing 12 the requesting agency with a copy of the electronic certificate or record and a 13 statement certifying its contents. 14 * Sec. 27. AS 18.60.395(a) is amended to read: 15 (a) The Department of Labor shall adopt regulations for the licensing of boiler 16 operators. The regulations must conform to the generally accepted nationwide 17 standards and practices established for boiler operators. In addition to any 18 requirements adopted by regulation under this subsection, a person applying for 19 a license shall provide to the department, on the application, the person's social 20 security number. 21 * Sec. 28. AS 18.60.395 is amended by adding a new subsection to read: 22 (d) Upon request, the department shall provide a social security number 23 provided under (a) of this section to the child support enforcement agency created in 24 AS 25.27.010, or the child support enforcement agency of another state, for child 25 support purposes authorized under law. 26 * Sec. 29. AS 18.65.410 is amended to read: 27 Sec. 18.65.410. Applications. Application for a license as a security guard 28 must be made on forms provided by the commissioner. The application must require 29 the furnishing of information reasonably required by the commissioner to carry out the 30 provisions of AS 18.65.400 - 18.65.490, including classifiable fingerprints to enable 31 the search of criminal indices for evidence of a prior criminal record, and must
01 require the furnishing of the applicant's social security number if the applicant 02 is a natural person. The application must be accompanied by a nonrefundable 03 application fee of $50 for a security guard and $200 for a security guard agency. 04 * Sec. 30. AS 18.65.410 is amended by adding a new subsection to read: 05 (b) Upon request, the commissioner shall provide a social security number 06 provided under (a) of this section to the child support enforcement agency created in 07 AS 25.27.010, or the child support enforcement agency of another state, for child 08 support purposes authorized under law. 09 * Sec. 31. AS 18.72.030 is amended to read: 10 Sec. 18.72.030. Fireworks wholesaler's license. (a) A person who desires 11 to sell fireworks at wholesale in the state shall first make verified application for a 12 license to the state fire marshal on forms provided by the state fire marshal. The 13 forms must require the applicant to supply the applicant's social security number 14 if the applicant is a natural person. The application shall be accompanied by an 15 annual license fee of $50. 16 (b) The license required under (a) of this section is valid until December 31 17 of the year during which it is issued [,] and is renewable upon 18 (1) the payment of each subsequent annual license fee and affirmation 19 that the information contained in the wholesaler's original application for a fireworks 20 wholesaler's license is currently accurate; and 21 (2) supplying the wholesaler's social security number if it has not 22 previously been supplied under (a) of this section and if the wholesaler is a 23 natural person. 24 * Sec. 32. AS 21.06 is amended by adding a new section to read: 25 Sec. 21.06.255. Information for child support purposes. Notwithstanding 26 any other provision of this title, a natural person who applies for a license or requests 27 renewal of a license issued by the director under this title shall provide the director 28 with the person's social security number. Upon request, the director shall provide a 29 social security number provided under this section 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. 33. AS 23.20.110(e) is amended to read: 02 (e) The department shall provide information 03 (1) requested by a state or federal agency under an income and 04 eligibility verification system that meets the requirements of 42 U.S.C. 1320b-7 (Social 05 Security Act); or 06 (2) as required by federal law for child support purposes. 07 * Sec. 34. AS 23.20.110 is amended by adding a new subsection to read: 08 (o) Upon request and for child support purposes authorized under law, the 09 department shall provide to the child support enforcement agency created in 10 AS 25.27.010, or the child support enforcement agency of another state, the following: 11 (1) the name, address, social security number, ordinary occupation, and 12 employment status of each applicant for or recipient of benefits under this chapter; 13 (2) information about the applicant's or recipient's right to benefits 14 under this chapter; 15 (3) the name, address, and employer identification number of the 16 applicant's or recipient's current or former employer; 17 (4) information, if available, on the applicant or recipient concerning 18 (A) earnings or other income of the applicant or recipient; 19 (B) benefits from employment, including rights to or enrollment 20 in group health care coverage; and 21 (C) the type, status, location, and amount of assets of or debts 22 owed by or to the applicant or recipient. 23 * Sec. 35. AS 25.05.091 is amended by adding a new subsection to read: 24 (b) In addition to the requirements of (a) of this section, each contracting party 25 to the prospective marriage shall provide to the licensing officer the party's social 26 security number, if any. Upon request, the licensing officer shall provide a social 27 security number provided under this subsection 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. 36. AS 25.20.050(a) is amended to read: 31 (a) A child born out of wedlock is legitimated and considered the heir of the
01 putative parent when (1) the putative parent subsequently marries the undisputed parent 02 of the child; (2) for acknowledgments made before July 1, 1997, the putative parent 03 acknowledges, in writing, being a parent of the child; (3) for acknowledgments made 04 on or after July 1, 1997, the putative father and the mother both sign a form for 05 acknowledging paternity under AS 18.50.165; or (4) [(3)] the putative parent is 06 determined [JUDGED] by a superior court without jury or by another tribunal, 07 upon sufficient evidence, to be a parent of the child. Acceptable evidence includes [, 08 BUT IS NOT LIMITED TO,] evidence that the putative parent's conduct and bearing 09 toward the child, either by word or act, indicates that the child is the child of the 10 putative parent. That conduct may be construed by the tribunal [COURT] to 11 constitute evidence of parentage. When indefinite, ambiguous, or uncertain terms are 12 used, the tribunal [COURT] may use extrinsic evidence to show the putative parent's 13 intent. 14 * Sec. 37. AS 25.20.050(d) is amended to read: 15 (d) The results of a genetic test that is of a type generally acknowledged as 16 reliable by an accreditation body designated by the Secretary of Health and 17 Human Services and performed by a laboratory approved by such an 18 accreditation body [A BLOOD TEST, TISSUE-TYPE TEST, PROTEIN 19 COMPARISON, OR OTHER SCIENTIFICALLY ACCEPTED PROCEDURE] shall 20 be admitted and weighed in conjunction with other evidence in determining the 21 statistical probability that the putative parent is a legal parent of the child in question. 22 However, a genetic test described in this subsection [SCIENTIFICALLY 23 ACCEPTED PROCEDURE] that establishes a probability of parentage at 95 percent 24 or higher creates a presumption of parentage that may be rebutted only by clear and 25 convincing evidence. 26 * Sec. 38. AS 25.20.050(e) is repealed and reenacted to read: 27 (e) Except as provided in (i) of this section, in proceedings in which paternity 28 is contested, the tribunal shall order the parties, including the child, to submit to testing 29 as described in (d) of this section upon request of 30 (1) the child support enforcement agency created in AS 25.27.010 or 31 the child support enforcement agency of another state; or
01 (2) a party, including a sworn statement 02 (A) alleging the paternity of an individual and setting out facts 03 that show a reasonable possibility that the mother and that individual had 04 sexual contact that could have resulted in the conception of the child; or 05 (B) denying the paternity of an individual and setting out facts 06 that show a reasonable possibility that the mother and that individual did not 07 have sexual contact that could have resulted in the conception of the child. 08 * Sec. 39. AS 25.20.050(f), as amended by sec. 11, ch. 107, SLA 1996, is amended to 09 read: 10 (f) [IF THE CHILD SUPPORT ENFORCEMENT AGENCY IS A PARTY IN 11 AN ACTION IN WHICH PATERNITY IS CONTESTED, THE AGENCY SHALL 12 REQUEST THE COURT TO ORDER THE TESTS AND PROCEDURES 13 DESCRIBED IN (e) OF THIS SECTION.] The child support enforcement agency 14 may recover the costs of testing ordered under (e) of this section from the alleged 15 father unless the testing establishes that the individual is not the father [TESTS 16 AS A COST OF THE ACTION], except that costs may not be recovered from a 17 person who is a recipient of assistance under AS 47.27 (Alaska temporary assistance 18 program). 19 * Sec. 40. AS 25.20.050(h) is amended to read: 20 (h) The tribunal [COURT] in a paternity action shall give full faith and credit 21 to a determination of paternity made by another state, whether established through 22 voluntary acknowledgment or through administrative or judicial procedures. 23 * Sec. 41. AS 25.20.050 is amended by adding new subsections to read: 24 (i) If a tribunal finds that good cause exists not to order genetic testing after 25 considering the best interests of the child, the tribunal may not order testing under (e) 26 of this section. 27 (j) Invoices, bills, or other standard documents showing charges for medical 28 and related costs of pregnancy, childbirth, or genetic testing are admissible in an action 29 to establish paternity without testimony or other evidence from the medical or other 30 provider or third-party payor to provide the foundation for admissibility of the 31 documents. The documents shall constitute prima facie evidence of the amounts
01 incurred for such charges. 02 (k) Upon the motion of the child support enforcement agency or another party 03 in the action to establish paternity, the tribunal shall issue a temporary order for 04 support of the child whose paternity is being determined. The order shall be effective 05 until the tribunal issues a final order on paternity and a permanent order for support 06 is issued or the tribunal dismisses the action. The temporary order may only be issued 07 if the tribunal finds clear and convincing evidence of the paternity of the putative 08 father on the basis of the results of the genetic tests and other evidence admitted in the 09 proceeding. 10 (l) The tribunal shall consider a completed and signed form for acknowledging 11 paternity that meets the requirements of AS 18.50.165(a) as a legal finding of paternity 12 for a child born out of wedlock. For an acknowledgment signed on or after 13 July 1, 1997, the acknowledgment may only be withdrawn by the earlier of the 14 following dates: (1) 60 days after the date that the person signed it, or (2) the date on 15 which judicial or administrative procedures are initiated to establish child support for, 16 or to determine paternity of, the child who is the subject of the acknowledgement. 17 After this time period has passed, the acknowledgment may only be contested in 18 superior court on the basis of fraud, duress, or material mistake. The parent wishing 19 to contest the acknowledgment carries the burden of proof by a preponderance of the 20 evidence. Unless good cause is shown, the court may not stay child support or other 21 legal responsibilities while the action to contest the acknowledgment is pending. 22 (m) If a parent signs an acknowledgment of paternity under (a) of this section 23 and does not successfully challenge the acknowledgment under (l) of this section, the 24 child born out of wedlock is considered legitimated and the heir of the parent without 25 further action of the tribunal to ratify the acknowledgment of paternity. 26 (n) On and after July 1, 1997, a paternity order or an acknowledgment made 27 under this section must include the social security numbers, if ascertainable, of the 28 following persons: 29 (1) the father; 30 (2) the mother; 31 (3) the child.
01 (o) In this section, unless the context requires otherwise, "tribunal" means a 02 court, administrative agency, or quasi-judicial entity authorized by state law to 03 determine parentage. 04 * Sec. 42. AS 25.20.055 is amended by adding a new subsection to read: 05 (d) Notwithstanding (a) of this section, the Department of Health and Social 06 Services may adopt regulations to establish exceptions for good cause that identify 07 circumstances under which a hospital is not required to comply with (a) of this section. 08 A hospital may be excused from complying with (a) of this section if the hospital 09 meets those regulatory requirements. 10 * Sec. 43. AS 25.24.160 is amended by adding a new subsection to read: 11 (d) In a judgment issued under this section, the court shall include the social 12 security numbers, if ascertainable, of the following persons: 13 (1) each party to the action; 14 (2) each child whose rights are addressed in the judgment. 15 * Sec. 44. AS 25.24.170(b) is amended to read: 16 (b) For the purposes of a motion to modify or terminate child support, the 17 adoption or enactment of guidelines or a significant amendment to guidelines for 18 determining support is a material change in circumstances [,] if the guidelines are 19 relevant to the motion. As necessary to comply with 42 U.S.C. 666, a periodic 20 modification of child support may be made without a showing of a material 21 change in circumstances if the child support order being modified on the periodic 22 basis has not been modified or adjusted during the three years preceding the 23 periodic modification. 24 * Sec. 45. AS 25.24.210(e) is amended by adding a new paragraph to read: 25 (12) the social security numbers, if ascertainable, of the following 26 persons: 27 (A) both spouses to the marriage being dissolved; 28 (B) each child whose rights are being addressed in the petition 29 for dissolution. 30 * Sec. 46. AS 25.24.230 is amended by adding a new subsection to read: 31 (i) In a judgment issued under this section, the court shall include the social
01 security numbers, if ascertainable, of the following persons: 02 (1) each party to the dissolution of marriage; 03 (2) each child whose rights are addressed in the judgment. 04 * Sec. 47. AS 25.24 is amended by adding a new section to read: 05 Sec. 25.24.920. Provision of information to child support enforcement 06 agency. For purposes of 42 U.S.C. 666 and AS 25.27.193, when a court order or 07 judgment provides for child support to be paid, the clerk of the court shall provide a 08 copy of the order or judgment to the child support enforcement agency created in 09 AS 25.27.010. 10 * Sec. 48. AS 25.25.101(7) is amended to read: 11 (7) "initiating state" means a state from [IN] which a proceeding is 12 forwarded or in which a proceeding is filed for forwarding to a responding state 13 under this chapter or a law or procedure substantially similar to this chapter, or 14 under a law or procedure substantially similar to [THE FORMER PROVISIONS 15 OF THIS CHAPTER,] the Uniform Reciprocal Enforcement of Support Act [,] or the 16 Revised Uniform Reciprocal Enforcement of Support Act [IS FILED FOR 17 FORWARDING TO A RESPONDING STATE]; 18 * Sec. 49. AS 25.25.101(16) is amended to read: 19 (16) "responding state" means a state in [TO] which a proceeding is 20 filed or to which a proceeding is forwarded for filing from an initiating state under 21 this chapter or a law or procedure substantially similar to this chapter, or under a 22 law or procedure substantially similar to [THE FORMER PROVISIONS OF THIS 23 CHAPTER,] the Uniform Reciprocal Enforcement of Support Act or the Revised 24 Uniform Reciprocal Enforcement of Support Act; 25 * Sec. 50. AS 25.25.101(19) is amended to read: 26 (19) "state" means a state of the United States, the District of 27 Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession 28 subject to the jurisdiction of the United States; the term "state" includes a foreign 29 jurisdiction that has enacted a law or established procedures for issuance and 30 enforcement of support orders that are substantially similar to the procedures under this 31 chapter or under the Uniform Reciprocal Enforcement of Support Act or the
01 Revised Uniform Reciprocal Enforcement of Support Act; 02 * Sec. 51. AS 25.25.207 is repealed and reenacted to read: 03 Sec. 25.25.207. Recognition of controlling child support order. (a) If a 04 proceeding is brought under this chapter and only one tribunal has issued a child 05 support order, the order of that tribunal is controlling and shall be recognized. 06 (b) If a proceeding is brought under this chapter and two or more child support 07 orders have been issued by tribunals of this state or another state with regard to the 08 same obligor and child, a tribunal of this state shall apply the following rules in 09 determining which order to recognize for purposes of continuing, exclusive 10 jurisdiction: 11 (1) if only one of the tribunals would have continuing, exclusive 12 jurisdiction under this chapter, the order of that tribunal is controlling and shall be 13 recognized; 14 (2) if more than one of the tribunals would have continuing, exclusive 15 jurisdiction under this chapter, an order issued by a tribunal in the current home state 16 of the child shall be recognized, but, if an order has not been issued in the current 17 home state of the child, the order most recently issued is controlling and shall be 18 recognized; 19 (3) if none of the tribunals would have continuing, exclusive 20 jurisdiction under this chapter, the tribunal of this state having jurisdiction over the 21 parties shall issue a child support order, which is controlling and shall be recognized. 22 (c) If two or more child support orders have been issued for the same obligor 23 and child and if the obligor or the individual obligee resides in this state, a party may 24 request a tribunal of this state to determine which order controls and shall be 25 recognized under (b) of this section. The request shall be accompanied by a certified 26 copy of every support order in effect. Every party whose rights may be affected by 27 a determination of the controlling order shall be given notice of the request for that 28 determination. 29 (d) The tribunal that issued the order that shall be recognized as controlling 30 under (a), (b), or (c) of this section is the tribunal that has continuing, exclusive 31 jurisdiction in accordance with AS 25.25.205.
01 (e) A tribunal of this state that determines by order the identity of the 02 controlling child support order under (b)(1) or (2) of this section, or that issues a new 03 controlling child support order under (b)(3) of this section, shall include in that order 04 the basis upon which the tribunal made its determination. 05 (f) Within 30 days after issuance of the order determining the identity of the 06 controlling order, the party obtaining that order shall file a certified copy of that order 07 with each tribunal that had issued or registered an earlier order of child support. 08 Failure of the party obtaining the order to file a certified copy as required under this 09 subsection subjects that party to appropriate sanctions by a tribunal in which the issue 10 of failure to file arises, but that failure has no effect on the validity or enforceability 11 of the controlling order. 12 * Sec. 52. AS 25.25.301(b) is amended to read: 13 (b) This chapter provides for the following proceedings: 14 (1) establishment of an order for child support or spousal support under 15 AS 25.25.401; 16 (2) enforcement of a support order and income withholding order of 17 another state without registration under AS 25.25.501 - 25.25.507 [AS 25.25.501 - 18 25.25.502]; 19 (3) registration of an order for child support or spousal support of 20 another state for enforcement under AS 25.25.601 - 25.25.614 [AS 25.25.601 - 21 25.25.612]; 22 (4) modification of an order for child support or spousal support issued 23 by a tribunal of this state under AS 25.25.203 - 25.25.206; 24 (5) registration of an order for child support of another state for 25 modification under AS 25.25.601 - 25.25.614 [AS 25.25.601 - 25.25.612]; 26 (6) determination of parentage under AS 25.25.701; and 27 (7) assertion of jurisdiction over nonresidents under AS 25.25.201 - 28 25.25.202. 29 * Sec. 53. AS 25.25.304 is amended by adding a new subsection to read: 30 (b) If a responding state has not enacted a law or procedure substantially 31 similar to this chapter, a tribunal of this state may issue a certificate or other
01 documents and make findings required by the law of the responding state. If the 02 responding state is a foreign jurisdiction, the tribunal may specify the amount of 03 support sought and provide other documents necessary to satisfy the requirements of 04 the responding state. 05 * Sec. 54. AS 25.25.305(a) is amended to read: 06 (a) When a responding tribunal of this state receives a complaint or 07 comparable pleading from an initiating tribunal or directly under AS 25.25.301(c), it 08 shall cause the complaint or pleading to be filed and notify the petitioner [BY FIRST 09 CLASS MAIL] where and when it was filed. 10 * Sec. 55. AS 25.25.305(e) is amended to read: 11 (e) If a responding tribunal of this state issues an order under this chapter, the 12 tribunal shall send a copy of the order [BY FIRST CLASS MAIL] to the petitioner 13 and the respondent and to the initiating tribunal, if any. 14 * Sec. 56. AS 25.25.306 is amended to read: 15 Sec. 25.25.306. Inappropriate tribunal. If a complaint or comparable 16 pleading is received by an inappropriate tribunal of this state, it shall forward the 17 complaint or pleading, and accompanying documents, to an appropriate tribunal in this 18 state or another state and notify the petitioner [BY FIRST CLASS MAIL] where and 19 when the complaint or pleading was sent. 20 * Sec. 57. AS 25.25.307(b) is amended to read: 21 (b) In providing services under this chapter to the petitioner, the child support 22 enforcement agency shall, as appropriate, 23 (1) take all steps necessary to enable an appropriate tribunal in this 24 state or another state to obtain jurisdiction over the respondent; 25 (2) request an appropriate tribunal to set a date, time, and place for a 26 hearing; 27 (3) make a reasonable effort to obtain all relevant information, 28 including information as to income and property of the parties; 29 (4) send written notice from an initiating, responding, or registering 30 tribunal to the petitioner [BY FIRST CLASS MAIL] within two days of receipt, 31 exclusive of Saturdays, Sundays, and legal holidays;
01 (5) send a copy of a written communication from the respondent or the 02 respondent's attorney to the petitioner [BY FIRST CLASS MAIL] within two days of 03 receipt, exclusive of Saturdays, Sundays, and legal holidays; and 04 (6) notify the petitioner if jurisdiction over the respondent cannot be 05 obtained. 06 * Sec. 58. AS 25.25.310 is amended to read: 07 Sec. 25.25.310. Duties of state information and locator agency. The child 08 support enforcement agency is the state information agency under this chapter, and it 09 shall 10 (1) compile and maintain a current list, including addresses, of the 11 tribunals [COURTS] in this state that have jurisdiction under this chapter and the 12 appropriate agency offices in this state and transmit a copy to the state information 13 agency of every other state; 14 (2) maintain a register of tribunals and support enforcement agencies 15 received from other states; 16 (3) forward to the appropriate tribunal in this state all documents 17 concerning a proceeding under this chapter received from an initiating tribunal or the 18 state information agency of the initiating state; and 19 (4) obtain information concerning the location of the obligor and the 20 obligor's property within this state that is not exempt from execution by postal 21 verification and federal or state locator services, examination of telephone directories, 22 requests for the obligor's address from employers, and examination of governmental 23 records, including, to the extent not prohibited by other law, those relating to real 24 property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, 25 and social security. 26 * Sec. 59. AS 25.25.312 is amended to read: 27 Sec. 25.25.312. Nondisclosure of information in exceptional circumstances. 28 Upon [SUBJECT TO THE PROVISIONS OF AS 25.27.275 AND UPON] a finding, 29 which may be made ex parte, that the health, safety, or liberty of a party or child 30 would be unreasonably put at risk by the disclosure of identifying information, or if 31 an existing order so provides, a tribunal shall order that the address of the child or
01 party or other identifying information not be disclosed in a pleading or other document 02 filed in a proceeding under this chapter. 03 * Sec. 60. AS 25.25.501 is repealed and reenacted to read: 04 Sec. 25.25.501. Employer's receipt of income withholding order of another 05 state. An income withholding order issued in another state may be sent to the person 06 or entity defined as the obligor's employer under AS 25.27 without first filing a 07 complaint or comparable pleading or registering the order with a tribunal of this state. 08 * Sec. 61. AS 25.25.502 is repealed and reenacted to read: 09 Sec. 25.25.502. Employer's compliance with income withholding order of 10 another state. (a) Upon receipt of an order under AS 25.25.501, the obligor's 11 employer shall immediately provide a copy of the order to the obligor. 12 (b) The employer shall treat an income withholding order issued in another 13 state that appears regular on its face as if it were issued by a tribunal of this state. 14 (c) Except as provided by (d) of this section and AS 25.25.503, the employer 15 shall withhold and distribute the funds as directed in the withholding order by 16 complying with the terms of the order, as applicable, that specify 17 (1) the duration and the amount of periodic payments of current child 18 support, stated as a sum certain; 19 (2) the person or agency designated to receive payments and the 20 address to which the payments are to be forwarded; 21 (3) medical support, whether in the form of periodic cash payment, 22 stated as a sum certain, or an order to the obligor to provide health insurance coverage 23 for the child under a policy available through the obligor's employment; 24 (4) the amount of periodic payments of fees and costs for a support 25 enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums 26 certain; and 27 (5) the amount of periodic payments of arrearages and interest on 28 arrearages, stated as sums certain. 29 (d) The employer shall comply with the law of the state of the obligor's 30 principal place of employment for withholding from income with respect to 31 (1) the employer's fee for processing an income withholding order;
01 (2) the maximum amount permitted to be withheld from the obligor's 02 income; and 03 (3) the time periods within which the employer must implement the 04 withholding order and forward the child support payment. 05 * Sec. 62. AS 25.25 is amended by adding new sections to article 5 to read: 06 Sec. 25.25.503. Compliance with multiple income withholding orders. If 07 an obligor's employer receives multiple orders to withhold support from the earnings 08 of the same obligor, the employer shall be considered to have satisfied the terms of the 09 multiple orders if the employer complies with the law of the state of the obligor's 10 principal place of employment to establish the priorities for withholding and allocating 11 income withheld for multiple child support orders. 12 Sec. 25.25.504. Immunity from civil liability. An employer who complies 13 with an income withholding order issued in another state in accordance with 14 AS 25.25.501 - 25.25.505 is not subject to civil liability to an individual or agency 15 with regard to the employer's withholding of child support from the obligor's income. 16 Sec. 25.25.505. Penalties for noncompliance. An employer who wilfully fails 17 to comply with an income withholding order issued by another state and received for 18 enforcement is subject to the same penalties that may be imposed for noncompliance 19 with an order issued by a tribunal of this state. 20 Sec. 25.25.506. Contest by obligor. (a) An obligor may contest the validity 21 or enforcement of an income withholding order issued in another state and received 22 directly by an employer in this state in the same manner as if the order were issued 23 by a tribunal of this state. The provisions of AS 25.25.604 apply to the contest. 24 (b) The obligor shall give notice of the contest to 25 (1) a support enforcement agency providing services to the obligee; 26 (2) each employer that has directly received an income withholding 27 order; and 28 (3) if 29 (A) a person or an agency is designated to receive payments in 30 the income withholding order, to that person or agency; or 31 (B) no person or agency is designated to receive payments in
01 the income withholding order, to the obligee. 02 Sec. 25.25.507. Administrative enforcement of orders. (a) A party seeking 03 to enforce a support order or an income withholding order, or both, issued by a 04 tribunal of another state may send the documents required for registering the order to 05 the child support enforcement agency of this state. 06 (b) Upon receipt of the documents, the child support enforcement agency, 07 without initially seeking to register the order, shall consider and, if appropriate, use 08 any administrative procedure authorized by the law of this state to enforce a support 09 order or an income withholding order, or both. If the obligor does not contest 10 administrative enforcement, the order need not be registered. If the obligor contests 11 the validity or administrative enforcement of the order, the child support enforcement 12 agency shall register the order under this chapter. 13 * Sec. 63. AS 25.25.602(a) is amended to read: 14 (a) A support order or income withholding order of another state may be 15 registered in this state by sending the following documents and information to a 16 tribunal of this state: 17 (1) a letter of transmittal to the tribunal requesting registration and 18 enforcement; 19 (2) two copies, including one certified copy, of all orders to be 20 registered, including any modification of an order; 21 (3) a sworn statement by the party seeking registration or a certified 22 statement by the custodian of the records showing the amount of any arrearage; 23 (4) the name of the obligor and, if known, 24 (A) the obligor's address and social security number; 25 (B) the name and address of the obligor's employer and any 26 other source of income of the obligor; 27 (C) a description and the location of property in this state of the 28 obligor not exempt from execution; and 29 (D) the names [NAME] and addresses [ADDRESS] of all 30 potential third-party [THIRD PARTY] resources, including a health insurer, 31 that might be available to meet the requirements of a medical support order;
01 and 02 (5) the name and address of the obligee and, if applicable, the agency 03 or person to whom support payments are to be remitted. 04 * Sec. 64. AS 25.25.605(a) is amended to read: 05 (a) When a support order or income withholding order issued in another state 06 is registered, the registering tribunal shall notify the nonregistering party. [NOTICE 07 SHALL BE GIVEN BY FIRST CLASS, CERTIFIED, OR REGISTERED MAIL OR 08 BY ANY MEANS OF PERSONAL SERVICE AUTHORIZED BY THE LAW OF 09 THIS STATE.] The notice must be accompanied by a copy of the registered order and 10 the documents and relevant information accompanying the order. 11 * Sec. 65. AS 25.25.605(b) is amended to read: 12 (b) The notice must inform the nonregistering party 13 (1) that a registered order is enforceable as of the date of registration 14 in the same manner as an order issued by a tribunal of this state; 15 (2) that a hearing to contest the validity or enforcement of the 16 registered order must be requested within 20 days after [THE DATE OF MAILING 17 OR PERSONAL SERVICE OF THE] notice; 18 (3) that failure to contest the validity or enforcement of the registered 19 order in a timely manner will result in confirmation of the order and enforcement of 20 the order and the alleged arrearages and precludes further contest of that order with 21 respect to any matter that could have been asserted; and 22 (4) of the amount of alleged arrearages. 23 * Sec. 66. AS 25.25.606(a) is amended to read: 24 (a) A nonregistering party seeking to contest the validity or enforcement of a 25 registered order in this state shall request a hearing within 20 days after the [DATE 26 OF MAILING OR PERSONAL SERVICE OF] notice of the registration. The 27 nonregistering party may seek to vacate the registration, to assert a defense to an 28 allegation of noncompliance with the registered order, or to contest the remedies being 29 sought or the amount of alleged arrearages under AS 25.25.607. 30 * Sec. 67. AS 25.25.606(c) is amended to read: 31 (c) If a nonregistering party requests a hearing to contest the validity or
01 enforcement of the registered order, the registering tribunal shall schedule the matter 02 for hearing and give notice to the parties [BY FIRST CLASS MAIL] of the date, time, 03 and place of the hearing. 04 * Sec. 68. AS 25.25.609 is amended to read: 05 Sec. 25.25.609. Procedure to register child support order of another state 06 for modification. If a party or the child support enforcement agency seeks to modify, 07 or to modify and enforce, a child support order issued in another state but not 08 registered in this state, the party or agency shall register that order in this state in the 09 same manner provided in AS 25.25.601 - 25.25.608 [AS 25.25.601 - 25.25.604]. A 10 complaint for modification may be filed at the same time as a request for registration, 11 or later. The pleading must specify the grounds for modification. 12 * Sec. 69. AS 25.25.611(a) is amended to read: 13 (a) After a child support order issued in another state has been registered in 14 this state, unless the provisions of AS 25.25.613 apply, the responding tribunal of this 15 state may modify that order only if, after notice and an opportunity for hearing, it finds 16 that 17 (1) the following requirements are met: 18 (A) the child, the individual obligee, and the obligor do not 19 reside in the issuing state; 20 (B) a petitioner who is not a resident of this state seeks 21 modification; and 22 (C) the respondent is subject to the personal jurisdiction of the 23 tribunal of this state; or 24 (2) an individual party or the child is subject to the personal jurisdiction 25 of the tribunal and all of the individual parties have filed a written consent in the 26 issuing tribunal providing that a tribunal of this state may modify the support order and 27 assume continuing, exclusive jurisdiction over the order; however, if the issuing state 28 is a foreign jurisdiction that has not enacted a law or procedure substantially 29 similar to this chapter, the written consent of the individual party residing in this 30 state is not required for the tribunal to assume jurisdiction to modify the child 31 support order.
01 * Sec. 70. AS 25.25.611(c) is amended to read: 02 (c) A tribunal of this state may not modify any aspect of a child support order 03 that may not be modified under the law of the issuing state. If two or more tribunals 04 have issued child support orders for the same obligor and child, the order that 05 is controlling and must be recognized under the provisions of AS 25.25.207 06 establishes the nonmodifiable aspects of the support order. 07 * Sec. 71. AS 25.25.612 is amended to read: 08 Sec. 25.25.612. Recognition of order modified in another state. A tribunal 09 of this state shall recognize a modification of its earlier child support order by a 10 tribunal of another state that assumed jurisdiction under this chapter or a law or 11 procedure substantially similar to this chapter and, upon request, except as otherwise 12 provided in this chapter, shall 13 (1) enforce the order that was modified only as to amounts accruing 14 before the modification; 15 (2) enforce only nonmodifiable aspects of that order; 16 (3) provide other appropriate relief only for violations of that order that 17 occurred before the effective date of the modification; and 18 (4) recognize the modifying order of the other state, upon registration, 19 for the purpose of enforcement. 20 * Sec. 72. AS 25.25 is amended by adding new sections to article 6 to read: 21 Sec. 25.25.613. Jurisdiction to modify support order of another state when 22 individual parties reside in this state. (a) If all of the individual parties reside in 23 this state and the child does not reside in the issuing state, a tribunal of this state has 24 jurisdiction to enforce and to modify the issuing state's child support order in a 25 proceeding to register that order. 26 (b) A tribunal of this state exercising jurisdiction as provided in this section 27 shall apply the provisions of AS 25.25.101 - 25.25.209 and 25.25.601 - 25.25.614 to 28 the enforcement or modification proceeding. AS 25.25.301 - 25.25.507, 25.25.701, 29 25.25.801, and 25.25.802 do not apply, and the tribunal shall apply the procedural and 30 substantive law of this state. 31 Sec. 25.25.614. Notice to issuing tribunal of modification. Within 30 days
01 after issuance of a modified child support order, the party obtaining the modification 02 shall file a certified copy of the order with the issuing tribunal that had continuing, 03 exclusive jurisdiction over the earlier order and with each tribunal in which the party 04 knows that an earlier order has been registered. Failure of the party obtaining the 05 order to file a certified copy as required subjects that party to appropriate sanctions by 06 a tribunal in which the issue of failure to file arises, but that failure has no effect on 07 the validity or enforceability of the modified order of the new tribunal of continuing, 08 exclusive jurisdiction. 09 * Sec. 73. AS 25.25.701(a) is amended to read: 10 (a) A tribunal of this state may serve as an initiating or responding tribunal in 11 a proceeding brought under this chapter or a law or procedure substantially similar 12 to this chapter, a law or procedure substantially similar to the former provisions of 13 this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised 14 Uniform Reciprocal Enforcement of Support Act to determine whether the petitioner 15 is a parent of a particular child or to determine whether a respondent is a parent of that 16 child. 17 * Sec. 74. AS 25.27.020(a)(2) is amended to read: 18 (2) adopt regulations to carry out the purposes of this chapter and AS 25.25, 19 including regulations that establish 20 (A) [SCHEDULES FOR DETERMINING THE AMOUNT AN 21 OBLIGOR IS LIABLE TO CONTRIBUTE TOWARD THE SUPPORT OF AN 22 OBLIGEE UNDER THIS CHAPTER AND UNDER 42 U.S.C. 651 - 669 23 (TITLE IV-D, SOCIAL SECURITY ACT); 24 (B)] procedures for hearings conducted under AS 25.27.170 and 25 for administrative enforcement of support orders; 26 (B) [(C)] subject to AS 25.27.025 and to federal law, a uniform 27 rate of interest on arrearages of support that shall be charged the obligor upon 28 notice if child support payments are 10 or more days overdue or if payment is 29 made by a check backed by insufficient funds; however, an obligor may not be 30 charged interest on late payment of a child support obligation, other than a 31 payment on arrearages, if the obligor is
01 (i) employed and income is being withheld from the 02 obligor's wages under an income withholding order; 03 (ii) receiving unemployment compensation and child 04 support obligations are being withheld from the obligor's unemployment 05 payments under AS 23.20.401; or 06 (iii) receiving compensation for disabilities under 07 AS 23.30 and child support obligations are being withheld from the 08 obligor's compensation payments; [AND] 09 (C) [(D)] procedures for establishing and disestablishing 10 paternity under AS 25.27.165 and 25.27.166 [AS 25.27.165 - 25.27.166], 11 including procedures for hearings; and 12 (D) procedures under which the agency shall enter into 13 contracts or agreements with financial institutions, including brokerage 14 houses, insurance companies, and other companies providing individual 15 investment, transaction, or deposit accounts, doing business in the state to 16 develop and operate an automated data match system as required by 42 17 U.S.C. 666(a)(17); the agency may pay a reasonable fee to a financial 18 institution for conducting a data match under a contract or agreement 19 under this subparagraph; the fee may not exceed the actual costs incurred 20 by the financial institution for conducting the data match. 21 * Sec. 75. AS 25.27.020(a)(6) is amended to read: 22 (6) disburse support payments collected by the agency to the obligee, 23 together with interest charged under (2)(B) [(2)(C)] of this subsection; 24 * Sec. 76. AS 25.27.020(a)(13) is amended to read: 25 (13) act as the central registry for all child support orders and 26 exchange information as required by federal law. 27 * Sec. 77. 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. 78. 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. 79. 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. 80. 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. 81. 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. 82. 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. 83. AS 25.27.085 is amended to read: 05 Sec. 25.27.085. Subpoenas. The agency [, WITH THE CONCURRENCE OF 06 THE COMMISSIONER OF REVENUE,] may subpoena persons, books, records, and 07 documents to 08 (1) obtain any financial or other information needed to establish, 09 modify, or enforce a child support order [DETERMINE THE EXTENT AND 10 LOCATION OF ASSETS OF ANY OBLIGOR WHO IS MORE THAN 45 DAYS IN 11 ARREARS IN A CHILD SUPPORT OBLIGATION ESTABLISHED EITHER BY 12 COURT OR ADMINISTRATIVE ORDER]; 13 (2) determine the paternity of a child under AS 25.27.165; or 14 (3) disestablish the paternity of a child under AS 25.27.166. 15 * Sec. 84. AS 25.27.085 is amended by adding new subsections to read: 16 (b) An administrative subpoena issued under this section shall be served in the 17 manner provided for service of liens under AS 25.27.240. Proof of service may be 18 completed according to Rule 5, Alaska Rules of Civil Procedure. 19 (c) A person who is issued an administrative subpoena shall be provided an 20 opportunity to refuse to comply with it for good cause by filing a request for a 21 conference with the agency in this state in the manner and within the time specified 22 in regulations adopted by the agency. Good cause shall be limited to mistake in 23 identity of the person or to a prohibition under law to release such information. 24 (d) After a conference requested under (c) of this section, the agency shall 25 issue an order on the request relating to good cause. If the person continues to refuse 26 to comply with the administrative subpoena, the agency in this state shall issue an 27 order to impose a civil penalty of $10 for each day of noncompliance with the 28 subpoena. 29 (e) An order imposing a civil penalty under this section is a final 30 administrative decision and may be appealed under AS 25.27.210. 31 (f) This section does not limit the ability of the agency to make other lawful
01 requests for information. 02 * Sec. 85. AS 25.27 is amended by adding a new section to read: 03 Sec. 25.27.086. Subpoenas issued by agency of another state. (a) If the 04 child support enforcement agency of another state issues a subpoena regarding persons, 05 books, records, or documents in this state, the subpoena must be complied with as if 06 it were issued by this state's child support enforcement agency if 07 (1) the subpoena is for obtaining 08 (A) financial or other information needed to establish, modify, 09 or enforce a support order; or 10 (B) information needed to determine or disestablish the paternity 11 of a child under the laws of the state in which the subpoena was issued; and 12 (2) the issuing agency complied with AS 25.27.085(b). 13 (b) The procedures in or adopted under AS 25.27.085(c) and (d) apply to a 14 person who is issued a subpoena described in (a) of this section. 15 (c) The child support enforcement agency of this state shall enforce a subpoena 16 described in (a) of this section and shall provide the opportunity for conference and 17 issue any order under AS 25.27.085(c) and (d) on behalf of the issuing agency. 18 AS 25.27.085(e) applies to an order under this subsection. 19 (d) The penalties provided in AS 25.27.085 apply regarding a subpoena 20 described in (a) of this section. 21 (e) Nothing in this section limits the ability of a child support enforcement 22 agency of another state to make other lawful requests for information in this state. 23 * Sec. 86. AS 25.27.100(a) is amended to read: 24 (a) The agency shall provide aid to any person due child support under the 25 laws of this state upon application. The [SUBJECT TO (b) OF THIS SECTION, 26 THE] agency may, by regulation, impose a fee for services provided under this 27 chapter. 28 * Sec. 87. AS 25.27.103 is amended to read: 29 Sec. 25.27.103. Payments to agency. An obligor shall [MAY] make child 30 support payments to the agency if the agency is enforcing a duty of child support 31 under AS 25.25 or this chapter. [AN OBLIGOR MAY PAY MONEY TO THE
01 AGENCY TO SATISFY THE OBLIGOR'S IMMEDIATE DUTY OF CHILD 02 SUPPORT AS WELL AS ANY ADDITIONAL AMOUNT OF MONEY INTENDED 03 BY THE OBLIGOR TO BE USED FOR SUPPORT OF THE CHILD.] The agency 04 shall disburse that portion of a payment that exceeds the amount of money necessary 05 to satisfy the obligor's immediate duty of support in accordance with state and federal 06 requirements [THE INSTRUCTIONS OF THE OBLIGOR]. The agency shall credit 07 money disbursed under this subsection toward satisfaction of the obligor's duty of 08 support. 09 * Sec. 88. AS 25.27.105 is amended to read: 10 Sec. 25.27.105. Audit of collections. Within 30 working days after receipt 11 of a written request from an obligor, the obligor's legal representative, the obligee, or 12 the obligee's legal representative, the agency shall provide an audit of all child support 13 payments made by the obligor and received by the agency. The audit shall include the 14 date and amount of each payment, the name of the obligee, and the total amount of 15 arrearages of support past due and amount of unpaid penalties and interest imposed 16 under AS 25.27.020(a)(2)(B) [AS 25.27.020(a)(2)(C)]. The agency is required to 17 provide only one audit each year for each obligee and obligor under this section. 18 * Sec. 89. AS 25.27.120(c) is amended to read: 19 (c) Within 30 days after the agency knows the identity and address of an 20 obligor who resides in the state and who is liable to the state under this section, the 21 agency shall send written notification by certified mail to the obligor and the obligee 22 [PARENT] of the obligor's accruing liability and that the obligor shall make child 23 support payments to the agency. The notice required under this subsection must be 24 in clear, concise, and easily readable language. The notice may accompany other 25 communications by the agency. 26 * Sec. 90. AS 25.27.150(a) is amended to read: 27 (a) If an arrearage occurs under [IN ORDER TO INITIATE INCOME 28 WITHHOLDING FOR] a support order being enforced by the agency for which 29 immediate income withholding is not required under AS 25.27.062(a) or an 30 application is made to the agency for withholding under AS 25.27.062(d), the 31 agency may execute an income withholding order without prior notice to the
01 obligor. At the time of execution, the agency shall serve a notice of [ITS INTENT 02 TO INITIATE] income withholding on the obligor. Notice under this subsection shall 03 be served upon the obligor by certified mail to the obligor's last known address, and 04 service is complete when the notice is properly addressed, certified, and mailed. 05 * Sec. 91. AS 25.27.150(c) is amended to read: 06 (c) The notice shall inform the obligor that [THE] income withholding has 07 been ordered and of the procedures to follow if the obligor wishes to contest 08 withholding on the grounds that the withholding is improper due to a mistake of 09 fact. The notice must also inform the obligor of the information that was 10 provided to the employer in the document that ordered the withholding [ORDER 11 WILL TAKE EFFECT 15 DAYS AFTER THE DATE ON WHICH THE NOTICE IS 12 SERVED UNLESS THE OBLIGOR REQUESTS A HEARING WITHIN 15 DAYS 13 AFTER THE NOTICE IS SERVED. IF THE OBLIGOR REQUESTS A HEARING, 14 AN INCOME WITHHOLDING ORDER MAY NOT TAKE EFFECT UNTIL THE 15 CONCLUSION OF THE HEARING]. 16 * Sec. 92. AS 25.27.150(e) is amended to read: 17 (e) The conference [APPEALS] officer shall inform the obligor of the 18 informal conference decision [,] either at the informal conference hearing or within 19 15 days after the hearing [, WHETHER OR NOT THE WITHHOLDING WILL 20 OCCUR AND OF THE DATE ON WHICH IT IS TO COMMENCE]. 21 * Sec. 93. AS 25.27.150(f) is amended to read: 22 (f) If the conference [APPEALS] officer determines that withholding will 23 continue [OCCUR], the obligor may request a formal hearing [,] as provided in the 24 department's regulations. [THE INCOME WITHHOLDING ORDER SHALL BE 25 ISSUED AND WITHHOLDING SHALL BEGIN UNDER THE PROCEDURES IN 26 AS 25.27.062, WHETHER OR NOT THE OBLIGOR REQUESTS A FORMAL 27 HEARING, UNLESS THE OBLIGOR POSTS SECURITY OR A BOND IN THE 28 AMOUNT THAT WOULD HAVE BEEN WITHHELD PENDING THE OUTCOME 29 OF A FORMAL HEARING.] 30 * Sec. 94. AS 25.27.160(b) is amended to read: 31 (b) The notice and finding of financial responsibility served under (a) of this
01 section must state 02 (1) the sum or periodic payments for which the alleged obligor is found 03 to be responsible under this chapter [, CALCULATED BY TAKING INTO 04 CONSIDERATION THE NEED OF THE ALLEGED OBLIGEE, THE ALLEGED 05 OBLIGOR'S LIABILITY TO THE STATE UNDER AS 25.27.120 IF ANY, AND 06 THE DUTY OF SUPPORT UNDER THE LAW]; 07 (2) the name of the alleged obligee and the obligee's custodian; 08 (3) that the alleged obligor may appear and show cause in a hearing 09 held by the agency why the finding is incorrect, should not be finally ordered, and 10 should be modified or rescinded, because 11 (A) no duty of support is owed; or 12 (B) the amount of support found to be owed is incorrect; 13 (4) that, if the person served with the notice and finding of financial 14 responsibility does not request a hearing within 30 days, the property and income of 15 the person will be subject to execution under AS 25.27.062 and 25.27.230 - 25.27.270 16 in the amounts stated in the finding without further notice or hearing. 17 * Sec. 95. AS 25.27.165(a) is amended to read: 18 (a) Upon application from a mother, custodian, putative father, or legal 19 custodian of a child, or from a state, the agency may institute administrative 20 proceedings to determine the paternity of a child born out of wedlock. 21 * Sec. 96. AS 25.27.165(b) is amended to read: 22 (b) In order to initiate a paternity proceeding administratively, the agency shall 23 serve a mother and putative father, as appropriate, with a notice of paternity and 24 financial responsibility. The notice shall be served personally as set out in Rule 4(d), 25 Alaska Rules [RULE] of Civil Procedure, [4(d)] or by registered, certified, or insured 26 mail, return receipt requested, for restricted delivery only to the person to whom the 27 notice is directed or to the person authorized under federal law to receive that person's 28 restricted delivery mail. The notice must be accompanied by 29 (1) an administrative order requiring that the mother, child, and putative 30 father submit to genetic testing to be arranged by the agency and stating that a party 31 may provide information to show good cause not to order the testing;
01 (2) an administrative order requiring the putative father to provide 02 financial information, as defined by the agency in regulation, within 20 days after 03 service of the notice; all financial information provided to the agency under an order 04 under this paragraph shall be held confidential by the agency, according to any 05 applicable regulations; and 06 (3) a notice of right to informal conference, to be held within 20 days 07 after receipt of an admission of paternity or service upon the parties of genetic test 08 results. 09 * Sec. 97. AS 25.27.165(d) is amended to read: 10 (d) Upon receipt of genetic test results, the agency shall serve on the putative 11 father notice of the test results and of the date for the informal conference. Service 12 of the notice shall be made by first class mail. If the genetic test results are negative 13 under the standard set in AS 25.20.050(d), the agency shall issue a finding of 14 nonpaternity within 20 days after the agency's receipt of the test results. If the genetic 15 test results are positive under the standard set in AS 25.20.050(d), the agency shall 16 issue an informal conference decision within 20 days after the agency's receipt of the 17 test results. Upon request and advance payment by a party, the agency shall order 18 additional genetic tests. If the second genetic test results contradict the first 19 genetic test results, the agency shall provide copies of the second genetic test 20 results to the parties and conduct another informal conference. The agency shall 21 issue the second informal conference decision within 20 days after the agency's 22 receipt of the second genetic test results. 23 * Sec. 98. AS 25.27.165(i), as amended by sec. 21, ch. 107, SLA 1996, is amended to 24 read: 25 (i) The agency may recover any costs it pays for genetic tests required by this 26 section from the putative father unless the testing establishes that the individual 27 is not the father, except that costs may not be recovered from a person who is a 28 recipient of assistance under AS 47.27 (Alaska temporary assistance program). 29 * Sec. 99. AS 25.27.165 is amended by adding new subsections to read: 30 (j) A decision establishing paternity or an admission of paternity under this 31 section must include the social security numbers, if ascertainable, of the father, mother,
01 and the child. 02 (k) Notwithstanding any other provision of this section, if the agency 03 determines, after considering the best interests of the child, that good cause exists not 04 to order genetic testing under this section, it shall, without ordering the genetic testing 05 and as the agency determines appropriate in the best interests of the child, 06 (1) end the administrative proceedings under this section without 07 making a determination of paternity; or 08 (2) after a hearing provided for under regulations adopted by the 09 agency, enter a final decision regarding paternity. 10 * Sec. 100. AS 25.27.166(a) is amended to read: 11 (a) The agency shall, by regulation, establish procedures and standards for the 12 disestablishment of paternity of a child whose paternity was established in this state 13 other than by court order if the paternity was not established by 14 (1) genetic test results that met the standard set out in AS 25.20.050(d) 15 at the time the test was performed; or 16 (2) an acknowledgment of paternity under AS 25.20.050 or an 17 admission of paternity under AS 25.27.165. 18 * Sec. 101. AS 25.27.190(a) is amended to read: 19 (a) Unless a support order has been entered by a court and except as 20 provided in AS 25.25, the obligor, or the obligee or the obligee's custodian, may 21 petition the agency or its designee for a modification of the administrative finding or 22 decision of responsibility previously entered with regard to future periodic support 23 payments. In addition, the agency may initiate a modification and grant a hearing 24 under (c) - (e) of this section. 25 * Sec. 102. AS 25.27.190(c) is amended to read: 26 (c) If a hearing is granted, the agency shall serve a notice of hearing together 27 with a copy of any [THE] petition and affidavits submitted on the obligee or the 28 obligee's custodian and the obligor personally or by registered, certified, or insured 29 mail, return receipt requested, for restricted delivery only to the person to whom the 30 notice is directed or to the person authorized under federal regulation to receive that 31 person's restricted delivery mail.
01 * Sec. 103. AS 25.27 is amended by adding a new section to read: 02 Sec. 25.27.193. Periodic review or adjustment of support orders. As 03 necessary to comply with 42 U.S.C. 666, the agency, by regulation, shall provide 04 procedures and standards for the modification, through periodic review or adjustment, 05 of a support order. Regulations adopted under this section must include procedures 06 for periodic notice of the right to request review, procedures for hearings, and 07 standards for adjustments regarding future periodic support payments. A modification 08 under this section may be made without a showing of a material change in 09 circumstances. 10 * Sec. 104. AS 25.27.230(a) is amended to read: 11 (a) At the expiration of 30 days after (1) the date of distribution of an income 12 withholding order under AS 25.27.062; [,] (2) the date of service of a notice and 13 finding of financial responsibility under AS 25.27.160; [,] or (3) the date of service of 14 a decision establishing paternity under AS 25.27.165 [AS 25.27.165(c) OR (d)], the 15 agency may assert a lien upon the real or personal property of the obligor [,] in the 16 amount of the obligor's liability. 17 * Sec. 105. AS 25.27.240(a) is amended to read: 18 (a) The agency of this state or another state may, at any time after recording 19 of a lien recorded under AS 25.27.230, serve a copy of the lien upon any person, 20 political subdivision, or department of the state possessing earnings, or deposits or 21 balances held in any bank account of any nature that are due, owing, or belonging to 22 the obligor. 23 * Sec. 106. AS 25.27.244(a) is amended to read: 24 (a) The agency shall compile and maintain a list of obligors who are not in 25 substantial compliance with a support order or payment schedule negotiated under 26 (g)(1) of this section and of other persons who, after receiving appropriate notice, 27 have failed to comply with a subpoena or warrant relating to paternity or a child 28 support proceeding. The agency may not include an obligor on the list unless the 29 agency has sent to the obligor, at the obligor's most recent address on file with the 30 agency, written notice of the arrearages at least 60 days before placement on the list. 31 The list must include the names, social security numbers, dates of birth, and last
01 known addresses of the persons [OBLIGORS]. The list shall be updated by the 02 agency on a monthly basis. 03 * Sec. 107. AS 25.27.244(c) is amended to read: 04 (c) Promptly after receiving an application from an applicant and before 05 issuing or renewing a license, a licensing entity, other than one issuing commercial 06 crewmember fishing licenses, shall determine whether the applicant is on the most 07 recent list provided by the agency. If the applicant is on the list, the licensing entity 08 shall immediately serve notice under (e) of this section of the licensing entity's intent 09 to withhold issuance or renewal of the license. The notice shall be considered given 10 when delivered personally to the applicant or deposited in the United States mail 11 addressed to the applicant's last known mailing address on file with the licensing 12 entity. 13 * Sec. 108. AS 25.27.244(d) is amended to read: 14 (d) Other than for a commercial crewmember fishing license, a [A] 15 licensing entity shall issue a temporary license valid for a period of 150 days to an 16 applicant whose name is on the list if the applicant is otherwise eligible for a license. 17 The temporary license may not be extended. Only one temporary license may be 18 issued during a regular license term and its validity shall coincide with the first 150 19 days of that license term. A license for the full or remainder of the license term may 20 be issued or renewed only upon compliance with this section. If a license or 21 application is denied under this section, money paid by the applicant or licensee shall 22 be refunded by the licensing entity after retention of the temporary license fee, if any. 23 * Sec. 109. AS 25.27.244(e) is amended to read: 24 (e) Notices for use under (c) and (s) of this section shall be developed by each 25 licensing entity under guidelines provided by the agency and are subject to approval 26 by the agency. The notice must include the address and telephone number of the 27 agency and shall emphasize the necessity of obtaining a release from the agency as a 28 condition for the issuance or renewal of a license. The notice must inform an 29 applicant whose license is governed by (d) of this section that the licensing entity shall 30 issue a temporary license for 150 calendar days under (d) of this section if the 31 applicant is otherwise eligible and that, upon expiration of that time period, the license
01 will be denied unless the licensing entity has received a release from the agency. The 02 agency shall also develop a form that the applicant may use to request a review by the 03 agency. A copy of this form shall be included with each notice sent under (c) or (s) 04 of this section. 05 * Sec. 110. AS 25.27.244(g) is amended to read: 06 (g) If the applicant wishes to challenge being included on the list, the applicant 07 shall submit to the agency a written request for review within 30 days after receiving 08 the notice under (c) or (s) of this section by using the form developed under (e) of this 09 section. Within 30 days after receiving a written request for review, the agency shall 10 inform the applicant in writing of the agency's findings. The agency shall immediately 11 send a release to the appropriate licensing entity and the applicant if any of the 12 following conditions is met: 13 (1) the applicant is found to have complied with all subpoenas and 14 warrants described in (a) of this section, if applicable, and is found to be in 15 substantial compliance with each support order applicable to the applicant or has 16 negotiated an agreement with the agency for a payment schedule on arrearages and is 17 in substantial compliance with the negotiated agreement; if the applicant fails to be in 18 substantial compliance with an agreement negotiated under this paragraph, the agency 19 shall send to the appropriate licensing entity a revocation of any release previously sent 20 to the entity for that applicant; 21 (2) the applicant has submitted a timely request for review to the 22 agency, but the agency will be unable to complete the review and send notice of 23 findings to the applicant in sufficient time for the applicant to file a timely request for 24 judicial relief within the 150-day period during which the applicant's temporary license 25 is valid under (d) of this section; this paragraph applies only if the delay in completing 26 the review process is not the result of the applicant's failure to act in a reasonable, 27 timely, and diligent manner upon receiving notice from the licensing entity that the 28 applicant's name is on the list; 29 (3) the applicant has, within 30 days after receiving the agency's 30 findings following a request for review under (2) of this subsection, filed and served 31 a request for judicial relief under this section, but a resolution of that relief will not
01 be made within the 150-day period of the temporary license under (d) of this section; 02 this paragraph applies only if the delay in completing the judicial relief process is not 03 the result of the applicant's failure to act in a reasonable, timely, and diligent manner 04 upon receiving the agency's notice of findings; or 05 (4) the applicant has obtained a judicial finding of substantial 06 compliance. 07 * Sec. 111. AS 25.27.244(i) is amended to read: 08 (i) Except as otherwise provided in this section, the agency may not issue a 09 release if the applicant is not in substantial compliance with the order for support or 10 [IS NOT IN SUBSTANTIAL COMPLIANCE] with an agreement negotiated under 11 (g)(1) of this section, or is not in compliance with a subpoena or warrant described 12 in (a) of this section. The agency shall notify the applicant in writing that the 13 applicant may request any or all of the following: (1) judicial relief from the agency's 14 decision not to issue a release or the agency's decision to revoke a release under (g)(1) 15 of this section; (2) a judicial determination of substantial compliance; (3) a 16 modification of the support order. The notice must also contain the name and address 17 of the court in which the applicant may file the request for relief and inform the 18 applicant that the applicant's name shall remain on the list if the applicant does not 19 request judicial relief within 30 days after receiving the notice. The applicant shall 20 comply with all statutes and rules of court implementing this section. This section 21 does not limit an applicant's authority under other law to request an order to show 22 cause or notice of motion to modify a support order or to fix a payment schedule on 23 arrearages accruing under a support order or to obtain a court finding of substantial 24 compliance with a support order or a court finding of compliance with subpoenas 25 and warrants described in (a) of this section. 26 * Sec. 112. AS 25.27.244(j) is amended to read: 27 (j) A request for judicial relief from the agency's decision must state the 28 grounds on which relief is requested, and the judicial action shall be limited to those 29 stated grounds. Judicial relief under this subsection is not an appeal [,] and shall be 30 governed by court rules adopted to implement this section. Unless otherwise provided 31 by court rule, the court shall hold an evidentiary hearing within 20 calendar days after
01 the filing of service on the opposing party. The court's decision shall be limited to a 02 determination of each of the following issues, as applicable: 03 (1) whether there is a support order or a payment schedule on 04 arrearages; 05 (2) whether the petitioner is the obligor covered by the support order; 06 [AND] 07 (3) whether the obligor is in substantial compliance with the support 08 order or payment schedule; and 09 (4) whether the person requesting relief complied with all 10 subpoenas and warrants relating to paternity or a child support proceeding. 11 * Sec. 113. AS 25.27.244(k) is amended to read: 12 (k) If the court finds that the person requesting relief [OBLIGOR] is in 13 substantial compliance with the support order or payment schedule, and is in 14 compliance with all subpoenas and warrants described in (a) of this section, the 15 agency shall immediately send a release under (g) of this section to the appropriate 16 licensing entity and the applicant. 17 * Sec. 114. AS 25.27.244(l) is amended to read: 18 (l) If an applicant [WHEN THE OBLIGOR] is in substantial compliance with 19 a support order or payment schedule, and is in compliance with subpoenas and 20 warrants described in (a) of this section, the agency shall mail to the applicant and 21 the appropriate licensing entity a release stating that the applicant is in substantial 22 compliance or is in compliance with the subpoenas and warrants, as applicable. 23 The receipt of a release shall serve to notify the applicant and the licensing entity that, 24 for the purposes of this section, the applicant is in substantial compliance with the 25 support order or payment schedule, or is in compliance with the subpoenas and 26 warrants, unless the agency, under (a) of this section, certifies subsequent to the 27 issuance of a release that the applicant is once again not in substantial compliance with 28 a support order or payment schedule, or is not in compliance with a subpoena or 29 warrant. 30 * Sec. 115. AS 25.27.244(q)(2) is amended to read: 31 (2) "license"
01 (A) means, except as provided in (B) of this paragraph, a 02 license, certificate, permit, registration, or other authorization that, at the time 03 of issuance, will be valid for more than 150 days and that may be acquired 04 from a state agency to perform an occupation, including the following: 05 (i) license relating to boxing or wrestling under 06 AS 05.10; 07 (ii) authorization to perform an occupation regulated 08 under AS 08; 09 (iii) teacher certificate under AS 14.20; 10 (iv) authorization under AS 18.08 to perform emergency 11 medical services; 12 (v) asbestos worker certification under AS 18.31; 13 (vi) boiler operator's license under AS 18.60.395; 14 (vii) certificate of fitness under AS 18.62; 15 (viii) hazardous painting certification under AS 18.63; 16 (ix) security guard license under AS 18.65.400 - 17 18.65.490; 18 (x) license relating to insurance under AS 21.27; 19 (xi) employment agency permit under AS 23.15.330 - 20 23.15.520; 21 (xii) registration as a broker-dealer, agent, or investment 22 adviser under AS 45.55.030; 23 (xiii) certification as a pesticide applicator under 24 AS 46.03.320; 25 (xiv) certification as a storage tank worker or contractor 26 under AS 46.03.375; [AND] 27 (xv) certification as a water and wastewater works 28 operator under AS 46.30; and 29 (xvi) commercial crewmember fishing license under 30 AS 16.05.480 other than an entry permit or interim-use permit 31 under AS 16.43;
01 (B) does not include 02 (i) [A COMMERCIAL FISHING LICENSE UNDER 03 AS 16.05.480, INCLUDING A CREWMEMBER FISHING LICENSE; 04 (ii)] a vessel license issued under AS 16.05.490 or 05 16.05.530; 06 (ii) [(iii)] a license issued under AS 47.35; 07 (iii) [(iv)] a business license issued under AS 43.70; 08 (iv) [(v)] an entry permit or interim-use permit issued 09 under AS 16.43; or 10 (v) [(vi)] a driver's license issued under AS 28.15; 11 * Sec. 116. AS 25.27.244(q)(5) is amended to read: 12 (5) "list" means the list of obligors and other persons compiled and 13 maintained under (a) of this section; 14 * Sec. 117. AS 25.27.244(q)(6) is amended to read: 15 (6) "substantial compliance" regarding [WITH] a support order or 16 payment schedule ["] means that, with respect to a support order or a negotiated 17 payment schedule under (g) of this section, whichever is applicable, the obligor 18 [EITHER] has 19 (A) no arrearage; 20 (B) [OR HAS] an arrearage in an amount that is not more than 21 four times the monthly obligation under the support order or payment schedule; 22 or 23 (C) been determined by a court to be making the best 24 efforts possible under the obligor's circumstances to have no arrearages 25 under any support order or negotiated payment schedule relating to child 26 support. 27 * Sec. 118. AS 25.27.244 is amended by adding new subsections to read: 28 (r) Notwithstanding any provision of AS 16, a commercial crewmember fishing 29 license described in (q)(2)(A)(xvi) of this section issued to an individual whose name 30 is on the list is void and invalid, and the individual is subject to criminal sanctions for 31 conducting the activities for which such a license is required. The licensing entity for
01 commercial crewmember fishing licenses shall print a notice on commercial 02 crewmember fishing license forms stating the provisions of this subsection. 03 (s) After receiving information, including information from a licensing agent 04 appointed under AS 16.05.380, that a commercial crewmember fishing license has been 05 issued to an applicant, the licensing entity for the license shall promptly determine 06 whether the applicant was, at the time the applicant obtained the license, on the most 07 recent list provided by the agency under (b) of this section. If the applicant was on 08 that list, the licensing entity shall immediately serve notice under (e) of this section 09 that the license is void and invalid and that, notwithstanding the limitation of (d) of 10 this section, the applicant can request the licensing entity to issue a temporary license 11 under this section. A notice under this subsection is considered given when delivered 12 personally to the applicant or deposited in the United States mail addressed to the 13 applicant's last known mailing address on file with the licensing entity. 14 * Sec. 119. 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. 120. 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. 121. 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. 122. 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. 123. 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. 124. 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. 125. 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. 126. 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. 127. 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. 128. 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. 129. 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 in the 16 manner provided for service of liens under AS 25.27.240. The order must state the 17 amount of the obligor's liability and must state in summary the terms of AS 25.27.260 18 and 25.27.270. 19 * Sec. 130. 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. 131. 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. 132. 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 in any subsequent child support 17 enforcement effort by the agency may be given upon the party by sending the 18 document by first class mail to the party's most recent mailing address on file with the 19 agency. 20 * Sec. 133. AS 25.27.273(a) is amended to read: 21 (a) The agency may provide to credit bureaus or lending institutions of any 22 kind information about delinquent support owed by obligors. The information 23 provided must consist solely of the payment history of the obligor [FOR A PERIOD 24 NOT TO EXCEED 10 YEARS BEFORE THE DATE THE INFORMATION IS 25 PROVIDED]. 26 * Sec. 134. AS 25.27.275 is repealed and reenacted to read: 27 Sec. 25.27.275. Nondisclosure of information in exceptional circumstances. 28 Upon a finding, which may be made ex parte, that the health, safety, or liberty of a 29 party or child would be unreasonably put at risk by the disclosure of identifying 30 information, or if an existing order so provides, a tribunal shall order that the address 31 of the party or child or other identifying information not be disclosed in a pleading or
01 other document filed in a proceeding under this chapter. A person aggrieved by an 02 order of nondisclosure issued under this section that is based on an ex parte finding 03 is entitled on request to a formal hearing, within 30 days of when the order was issued, 04 at which the person may contest the order. 05 * Sec. 135. AS 25.27 is amended by adding a new section to read: 06 Sec. 25.27.279. Voiding of fraudulent transfers made to avoid payment of 07 child support. In addition to the rights provided in AS 09.25.060, if a transfer of 08 personal or real property is made by an obligor without immediate delivery and the 09 actual continuing change of possession of the property transferred, the transfer of the 10 property is presumed prima facie to be fraud against creditors for child support of the 11 obligor who transferred the property and subsequent purchasers in good faith and for 12 valuable consideration during the time the property remains in the possession of the 13 obligor who made the transfer, except that retention of possession in good faith and 14 current course of trade by a merchant seller for a commercially reasonable time after 15 the sale or identification is not fraudulent. Nothing contained in this section 16 supersedes the provisions of AS 45.01 - AS 45.09, AS 45.12, and AS 45.14 (Uniform 17 Commercial Code). 18 * Sec. 136. AS 25.27.900(3) is amended to read: 19 (3) "duty of support" includes a duty of support imposed or imposable 20 by law, by a court order, decree, or judgment, or by a finding or decision rendered 21 under this chapter whether interlocutory or final, whether incidental to a proceeding 22 for divorce, legal separation, separate maintenance, or otherwise, and includes the duty 23 to pay arrearages of support past due and unpaid together with penalties and interest 24 on arrearages imposed under AS 25.27.020(a)(2)(B) [AS 25.27.020(a)(2)(C)]; 25 * Sec. 137. AS 25.27.900(4) is repealed and reenacted to read: 26 (4) "earnings" includes income from any form of periodic payment due 27 to an individual, regardless of source; the gain derived from the investment of capital, 28 from labor, or from a combination of investment and labor; and the interest on any of 29 this income; in this paragraph, "periodic payment" includes wages, salaries, 30 commissions, bonuses, workers' compensation, disability benefits, and payments under 31 a pension or retirement program;
01 * Sec. 138. AS 25.27.900(7) is repealed and reenacted to read: 02 (7) "support order" means any judgment, decree, or order that is issued 03 by a tribunal for the support and maintenance of a child or of a child and a parent with 04 whom the child is living; "support order" includes a judgment, decree, or order 05 (A) on behalf of a child who has reached the age of majority 06 if the judgment, decree, or order was lawfully issued; and 07 (B) for 08 (i) monetary support, including arrearages; 09 (ii) payment of health care costs or maintenance of 10 health insurance; 11 (iii) reimbursement of related costs; 12 (iv) payment of attorney fees and legal costs and other 13 fees; and 14 (v) penalty, interest, and other relief as required by a 15 tribunal. 16 * Sec. 139. AS 25.27.900 is amended by adding new paragraphs to read: 17 (8) "business day" means a day on which state government offices are 18 open for regular business; 19 (9) "employer" means an individual or entity within the meaning given 20 that term in 26 U.S.C. 3401(d); "employer" includes a governmental entity or a labor 21 organization; 22 (10) "tribunal" means a court, administrative agency, or quasi-judicial 23 entity authorized to establish, enforce, or modify support orders or to determine 24 parentage. 25 * Sec. 140. AS 28.05.061 is amended by adding a new subsection to read: 26 (d) If a copy of a motor vehicle record prepared or maintained by the 27 Department of Administration is requested by the child support enforcement agency 28 created in AS 25.27.010, or the child support enforcement agency of another state, the 29 department shall provide the requesting agency with a certified copy of the record. If 30 information is prepared or maintained by the department in an electronic data base, the 31 department may give the requesting agency a copy of the electronic record and a
01 statement certifying its contents. The agency receiving information under this 02 subsection may use the information only for child support purposes authorized under 03 law. 04 * Sec. 141. AS 29.45.103 is amended by adding a new subsection to read: 05 (c) Upon request, a record described in (a) or (b) of this section shall promptly 06 be made available to the child support enforcement agency created in AS 25.27.010 07 or the child support enforcement agency of another state. If the record is prepared or 08 maintained in an electronic data base, it may be supplied by providing the requesting 09 agency with a copy of the electronic records and a statement certifying its contents. 10 The agency receiving information under this subsection may use the information only 11 for child support purposes authorized under law. 12 * Sec. 142. AS 33.30 is amended by adding a new section to read: 13 Sec. 33.30.216. Copies of records for child support purposes. If a copy of 14 a record prepared or maintained by or on behalf of the commissioner for a person in 15 the custody of the commissioner is requested by the child support enforcement agency 16 created in AS 25.27.010, or the child support enforcement agency of another state, the 17 official custodian of the record shall provide the requesting agency with a certified 18 copy of the record. If the record is prepared or maintained in an electronic data base, 19 the official custodian of the record may provide the requesting agency with a copy of 20 the electronic record and a statement certifying its contents. The agency receiving 21 information under this section may use the information only for child support purposes 22 authorized under law. 23 * Sec. 143. AS 39.25.080 is amended by adding a new subsection to read: 24 (e) In addition to any access to state personnel records authorized under (b) 25 of this section, state personnel records shall promptly be made available to the child 26 support enforcement agency created in AS 25.27.010 or the child support enforcement 27 agency of another state. If the record is prepared or maintained in an electronic data 28 base, it may be supplied by providing the requesting agency with access to the data 29 base or a copy of the information in the data base and a statement certifying its 30 contents. The agency receiving information under this subsection may use the 31 information only for child support purposes authorized under law.
01 * Sec. 144. AS 43.23.055 is amended by adding a new paragraph to read: 02 (9) provide any information, upon request, contained in permanent fund 03 dividend records to the child support enforcement agency created in AS 25.27.010, or 04 the child support enforcement agency of another state, for child support purposes 05 authorized under law; if the information is contained in an electronic data base, the 06 department shall provide the requesting agency with either 07 (A) access to the data base; or 08 (B) a copy of the information in the data base and a statement 09 certifying its contents. 10 * Sec. 145. AS 47.05.020, as amended by sec. 33, ch. 107, SLA 1996, is amended by 11 adding a new subsection to read: 12 (b) In addition to any access to public assistance records authorized under (a) 13 of this section, the department shall provide a copy of a public assistance record 14 prepared or maintained by or on behalf of the department to the child support 15 enforcement agency created in AS 25.27.010, or the child support enforcement agency 16 of another state, upon the request of the respective agency. If the record is in an 17 electronic data base, the department shall provide the requesting agency with either 18 access to the data base, or a copy of the information in the data base and a statement 19 certifying its contents. The agency receiving the information under this subsection 20 may use the information only for child support purposes authorized under law. 21 * Sec. 146. AS 47.05.030, as amended by secs. 34 and 35, ch. 107, SLA 1996, is amended 22 by adding a new subsection to read: 23 (c) It is not a violation of (a) of this section for the department or an employee 24 of the department to disclose information to the child support enforcement agency 25 created in AS 25.27.010, or the child support enforcement agency of another state, if 26 the receiving agency requests the information only for purposes authorized under 27 AS 47.05.020. 28 * Sec. 147. AS 47.27.040(b), as enacted by sec. 7, ch. 107, SLA 1996, is amended to read: 29 (b) An Alaska temporary assistance program participant shall cooperate with 30 the child support enforcement agency of the Department of Revenue in establishing 31 paternity or establishing, modifying, or enforcing a child support order requiring the
01 payment of support by the noncustodial parent for a dependent child for whom Alaska 02 temporary assistance program assistance is received. The child support enforcement 03 agency shall determine whether the participant is in good faith compliance with 04 the requirements of this subsection and shall inform the Department of Health 05 and Social Services of its determination. The Department of Health and Social 06 Services shall establish whether [UNLESS] the participant has [ESTABLISHES] 07 good cause for refusing to cooperate. 08 * Sec. 148. (a) AS 18.50.165(c); AS 25.25.611(e); AS 25.27.100(b), and 25.27.250(h) are 09 repealed. 10 (b) Section 45, ch. 107, SLA 1996, and sec. 62, ch. 107, SLA 1996, are repealed. 11 (c) The amendments made by other sections of this Act are repealed July 1, 1999. 12 Each statute amended by this Act is repealed and reenacted on July 1, 1999, to read as it 13 existed on the day before the amendment to the law under this Act took effect. 14 Notwithstanding AS 01.10.100(c), a statute repealed under (a) of this section is revived and 15 reenacted on July 1, 1999, to read as it existed on the day before the effective date of (a) of 16 this section. A court rule that was amended by a statute repealed or reenacted by this Act is 17 further amended on July 1, 1999, to delete the change that had been made by other sections 18 of this Act. 19 * Sec. 149. The provisions of AS 25.20.050(e), as amended by sec. 38 of this Act, and 20 AS 25.20.050(i), added by sec. 41 of this Act, have the effect of amending Rule 35, Alaska 21 Rules of Civil Procedure, by requiring the court to order genetic testing in contested paternity 22 actions in certain circumstances and preventing the court from ordering such testing if good 23 cause is shown. 24 * Sec. 150. The provisions of AS 25.20.050(k), added by sec. 41 of this Act, have the 25 effect of amending Rule 90.3, Alaska Rules of Civil Procedure, by requiring the court in a 26 paternity action to issue a temporary child support order upon a showing by clear and 27 convincing evidence of paternity. 28 * Sec. 151. The provisions of AS 25.20.050(n), AS 25.24.160(d), AS 25.24.210(e)(12), and 29 AS 25.24.230(i), added by secs. 41, 43, 45, and 46, respectively, of this Act have the effect 30 of amending Rules 52, 58, 78, and 90.1, Alaska Rules of Civil Procedure, by requiring the 31 court to include social security numbers, if ascertainable, of parties and children in certain
01 petitions, pleadings, or judgments. 02 * Sec. 152. The provisions of AS 25.24.170(b), as amended by sec. 44 of this Act, have 03 the effect of amending Rule 90.3(h)(1), Alaska Rules of Civil Procedure, by changing the 04 standard for certain modifications of a support order. 05 * Sec. 153. The provisions of AS 25.27.265(c), added by sec. 132 of this Act, have the 06 effect of amending Rules 4 and 5, Alaska Rules of Civil Procedure, by allowing service at the 07 opposing party's last known address on file with the child support enforcement agency in 08 certain circumstances. 09 * Sec. 154. The provisions of AS 25.20.050(j), added by sec. 41 of this Act, have the 10 effect of amending Rule 901 Alaska Rules of Evidence, by limiting the discretion of the court 11 to exclude documentary evidence of specified costs in a paternity action. 12 * Sec. 155. The provisions of AS 08.08.137, as amended by sec. 9 of this Act, have the 13 effect of amending Rules 3 and 5, Alaska Bar Association Rules, by requiring applicants for 14 admission to the practice of law in the state to submit social security numbers for child 15 support purposes. 16 * Sec. 156. TRANSITION: REGULATIONS. Notwithstanding secs. 158 - 161 of this 17 Act, the child support enforcement agency and any state department or agency that is affected 18 by this Act and that has regulation adoption authority may proceed to adopt regulations 19 necessary to implement the changes made by this Act. The regulations take effect under 20 AS 44.62 (Administrative Procedure Act), but not before the effective date of the respective 21 section of this Act that the regulations are implementing. 22 * Sec. 157. Section 156 of this Act takes effect immediately under AS 01.10.070(c). 23 * Sec. 158. Except as provided in secs. 157 and 159 - 161 of this Act, this Act takes effect 24 July 1, 1997. 25 * Sec. 159. Section 147 of this Act takes effect July 1, 1997, or on the effective date of 26 AS 47.27.040, whichever is later. 27 * Sec. 160. Sections 107 - 109, 115, and 118 of this Act take effect January 1, 1998. 28 * Sec. 161. The amendment to AS 25.27.244(g) that adds a reference to the notice under 29 "(s) of this section," enacted by sec. 110 of this Act, takes effect January 1, 1998.