CSSB 252(RES): "An Act relating to paternity establishment and support orders; relating to social security numbers gathered under federal requirements relating to child support enforcement; relating to the crime of criminal nonsupport; requiring a court to order parties involved in child custody or visitation matters to attend an educational presentation about mediation; relating to divorces, dissolutions, and actions to declare a marriage void; and providing for an effective date."
00CS FOR SENATE BILL NO. 252(RES) 01 "An Act relating to paternity establishment and support orders; relating to social 02 security numbers gathered under federal requirements relating to child support 03 enforcement; relating to the crime of criminal nonsupport; requiring a court to 04 order parties involved in child custody or visitation matters to attend an 05 educational presentation about mediation; relating to divorces, dissolutions, and 06 actions to declare a marriage void; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. PURPOSE. The primary purpose of this Act is to amend the Alaska Statutes 09 to comply with the mandates of the federal Personal Responsibility and Work Opportunity 10 Reconciliation Act of 1996 and other federal law to ensure continued federal financial 11 participation for Alaska's child support enforcement, public assistance, and unemployment 12 programs. 13 * Sec. 2. AS 09.50.020 is amended by adding new subsections to read: 14 (b) In addition to the penalty specified in (a) of this section, the court may
01 suspend, restrict, or revoke, for a period not to exceed six months, a driver's license 02 as defined in AS 28.40.100, a license as defined in AS 25.27.244(s), or a recreational 03 license, or any combination of these licenses, or the person's ability to obtain the 04 licenses, if 05 (1) the person is a natural person; 06 (2) the contempt is one under AS 09.50.010(4) - (10); and 07 (3) the court, sitting without a jury, finds by a preponderance of 08 evidence that the contempt related to failure to pay money in connection with a child 09 support action or proceeding or failure to comply with a subpoena or warrant relating 10 to a paternity or child support proceeding. 11 (c) In this section, "recreational license" means a recreational fishing license 12 or recreational hunting license. In this subsection, 13 (1) "recreational fishing license" means a sport fishing license under 14 AS 16.05.340 unless that license is required for participation in personal use fishing, 15 as defined in AS 16.05.940, or subsistence fishing, as defined in AS 16.05.940 and 16 modified by decisions of the Alaska Supreme Court; 17 (2) "recreational hunting license" means a hunting license under 18 AS 16.05.340 unless that license is required for participation in subsistence hunting, 19 as defined in AS 16.05.940 and modified by decisions of the Alaska Supreme Court. 20 * Sec. 3. AS 11.51.120(c) is amended to read: 21 (c) Criminal nonsupport is a class A misdemeanor and is also punishable by 22 loss or restriction of a recreational license as provided in AS 12.55.139 . 23 * Sec. 4. AS 11.56 is amended by adding a new section to article 6 to read: 24 Sec. 11.56.870. Misconduct regarding social security numbers. (a) A 25 public servant commits the crime of misconduct regarding social security numbers if 26 the public servant knowingly sells a list compiled by a state agency that identifies one 27 or more persons by their social security numbers and the social security numbers were 28 obtained by the state under the requirements of P.L. 104-193 (Personal Responsibility 29 and Work Opportunity Act). 30 (b) Misconduct regarding social security numbers is a class A misdemeanor. 31 * Sec. 5. AS 12.55 is amended by adding a new section to read:
01 Sec. 12.55.139. Penalties for criminal nonsupport. In addition to other 02 penalties imposed for the offense of criminal nonsupport under AS 11.51.120, the court 03 may suspend, restrict, or revoke, for a period not to exceed six months, a recreational 04 license as defined in AS 09.50.020(c), if the defendant is a natural person. 05 * Sec. 6. AS 16.05 is amended by adding a new section to read: 06 Sec. 16.05.052. Notification to agents concerning social security numbers. 07 The commissioner shall, upon appointment of a person as an agent to receive 08 applications, issue licenses, and collect license fees with respect to hunting licenses, 09 sport fishing licenses, and crewmember fishing licenses, notify the person in writing 10 about the penalties that are applicable under federal law for improper disclosure of the 11 social security numbers collected with respect to the agent's licensing duties. 12 * Sec. 7. AS 16.05.330 is amended by adding a new subsection to read: 13 (e) A natural person applying for a license or tag for hunting or sport fishing 14 shall provide the person's social security number on the license application. Upon 15 request, the department shall provide the social security number to the child support 16 enforcement agency created in AS 25.27.010, or the child support agency of another 17 state, for child support purposes authorized by law. 18 * Sec. 8. AS 16.05.346 is amended by adding a new subsection to read: 19 (d) A person applying for a permit under this section shall provide the person's 20 social security number on the permit application. Upon request, the department shall 21 provide the social security number to the child support enforcement agency created in 22 AS 25.27.010, or the child support agency of another state, for child support purposes 23 authorized by law. 24 * Sec. 9. AS 16.05.360 is amended to read: 25 Sec. 16.05.360. Commissioner charged with license issuance. The 26 commissioner or an authorized deputy shall issue each license and tag to a qualified 27 person under written application containing such reasonable information as required 28 by the commissioner. The commissioner shall designate the license and tag form or 29 type. The form or type must be sufficient to identify and locate the applicant , [AND] 30 establish the applicant's status as to residency and citizenship , and supply the 31 person's social security number if required by this chapter . Each application shall
01 be subscribed and sworn to by the applicant before an officer authorized to administer 02 oaths in the state. 03 * Sec. 10. AS 16.05.360 is amended by adding a new subsection to read: 04 (b) Upon request, the department shall provide a social security number 05 provided by an applicant under (a) of this section to the child support enforcement 06 agency created in AS 25.27.010, or the child support agency of another state, for child 07 support purposes authorized by law. 08 * Sec. 11. AS 22.35 is amended by adding a new section to read: 09 Sec. 22.35.020. Copies of records for child support purposes. If a copy of 10 a court record is requested by the child support enforcement agency created in 11 AS 25.27.010 or a child support agency of another state, the official custodian of the 12 record shall provide the requesting agency with a copy of the record, including any 13 social security numbers that the record might contain. If the requested record is 14 maintained by the court system in an electronic data base, the record may be supplied 15 by providing the requesting agency with a copy of the electronic record and a 16 statement certifying its contents. A requesting agency receiving otherwise confidential 17 information under this section may use it only for child support purposes authorized 18 by law. 19 * Sec. 12. AS 25.20.050(n) is amended to read: 20 (n) Each [ON AND AFTER JULY 1, 1997, A] paternity order or [AN] 21 acknowledgment made under this section must include in the records relating to the 22 matter the social security numbers, if ascertainable, of the following persons: 23 (1) the father; 24 (2) the mother; 25 (3) the child. 26 * Sec. 13. AS 25.20 is amended by adding a new section to read: 27 Sec. 25.20.075. Mandatory attendance at education course relating to 28 mediation. (a) After a petition for child custody is filed under AS 25.20.060, a 29 petition to modify an award of custody or visitation is filed under AS 25.20.110, or 30 an action for damages for failure to permit visitation is filed under AS 25.20.140, the 31 court shall order the parties to attend an educational presentation approved by the court
01 that explains the concept of mediation. 02 (b) When implementing (a) of this section, the court may not require that the 03 parties attend the educational presentation at the same time. 04 (c) An educational presentation approved by the court under this section must 05 be a video cassette, audio cassette, or vocal presentation that includes an explanation 06 that 07 (1) mediation is a conflict resolution process, usually engaged in 08 voluntarily, in which a trained impartial third party assists the parties to negotiate a 09 consensual and informed settlement; 10 (2) mediation is based on principles of problem solving that focus on 11 the needs and interests of the participants, fairness, safety, confidentiality, self- 12 determination, and the best interests of all parties and other persons who the parties agree are 13 affected; and 14 (3) the role of a mediator is not to make decisions for the parties or to 15 report to a court about the mediation process but includes reducing the obstacles to 16 communication, maximizing the exploration of alternatives, and addressing the needs 17 of the persons who the parties agree are affected. 18 * Sec. 14. AS 25.24.160(d) is amended to read: 19 (d) For each [IN A] judgment issued under this section, the court shall include 20 in the records relating to the matter the social security numbers, if ascertainable, of 21 the following persons: 22 (1) each party to the action; 23 (2) each child whose rights are addressed in the judgment. 24 * Sec. 15. AS 25.24.210(e) is amended to read: 25 (e) If the petition is filed by both spouses under AS 25.24.200(a), the petition 26 must state in detail the terms of the agreement between the spouses concerning the 27 custody of children, child support, visitation, spousal maintenance and tax 28 consequences, if any, and fair and just division of property, including retirement 29 benefits. Agreements on spousal maintenance and property division must fairly allocate 30 the economic effect of dissolution and take into consideration the factors listed in 31 AS 25.24.160(a)(2) and (4). In addition, the petition must state
01 (1) the respective occupations of the petitioners; 02 (2) the income, assets, and liabilities of the respective petitioners at the 03 time of filing the petition; 04 (3) the date and place of the marriage; 05 (4) the name, date of birth, and current marital, educational, and 06 custodial status of each child born of the marriage or adopted by the petitioners who 07 is under the age of 19; 08 (5) whether the wife is pregnant; 09 (6) whether either petitioner requires medical care or treatment; 10 (7) whether any of the following has been issued or filed during the 11 marriage by or regarding either spouse as defendant, participant, or respondent: 12 (A) a criminal charge of a crime involving domestic violence; 13 (B) a protective order under AS 18.66.100 - 18.66.180; 14 (C) injunctive relief under former AS 25.35.010 or 25.35.020; 15 or 16 (D) a protective order issued in another jurisdiction and filed 17 with the court in this state under AS 18.66.140; 18 (8) whether either petitioner has received the advice of legal counsel 19 regarding a divorce or dissolution; 20 (9) other facts and circumstances that the petitioners believe should be 21 considered; 22 (10) that the petition constitutes the entire agreement between the 23 petitioners; and 24 (11) any other relief sought by the petitioners [; 25 (12) THE SOCIAL SECURITY NUMBERS, IF ASCERTAINABLE, 26 OF THE FOLLOWING PERSONS: 27 (A) BOTH SPOUSES TO THE MARRIAGE BEING 28 DISSOLVED; 29 (B) EACH CHILD WHOSE RIGHTS ARE BEING 30 ADDRESSED IN THE PETITION FOR DISSOLUTION]. 31 * Sec. 16. AS 25.24.210 is amended by adding a new subsection to read:
01 (f) A petition filed under this section must include or be accompanied by a 02 record of the social security numbers, if ascertainable, of the following persons: 03 (1) both spouses to the marriage being dissolved; 04 (2) each child whose rights are being addressed in the petition for 05 dissolution. 06 * Sec. 17. AS 25.24.230(i) is amended to read: 07 (i) For each [IN A] judgment issued under this section, the court shall include 08 in the records relating to the matter the social security numbers, if ascertainable, of 09 the following persons: 10 (1) each party to the dissolution of marriage; 11 (2) each child whose rights are addressed in the judgment. 12 * Sec. 18. AS 25.25.602(a) is amended to read: 13 (a) A support order or income withholding order of another state may be 14 registered in this state by sending the following documents and information to a 15 tribunal of this state: 16 (1) a letter of transmittal to the tribunal requesting registration and 17 enforcement; 18 (2) two copies, including one certified copy, of all orders to be 19 registered, including any modification of an order; 20 (3) a sworn statement by the party seeking registration or a certified 21 statement by the custodian of the records showing the amount of any arrearage; 22 (4) the name of the obligor and, if known, 23 (A) the obligor's address and social security number; 24 (B) the name and address of the obligor's employer and any 25 other source of income of the obligor; and 26 (C) a description and the location of property in this state of the 27 obligor not exempt from execution; and 28 [(D) THE NAMES AND ADDRESSES OF ALL POTENTIAL 29 THIRD-PARTY RESOURCES, INCLUDING A HEALTH INSURER, THAT 30 MIGHT BE AVAILABLE TO MEET THE REQUIREMENTS OF A 31 MEDICAL SUPPORT ORDER; AND]
01 (5) the name and address of the obligee and, if applicable, the agency 02 or person to whom support payments are to be remitted. 03 * Sec. 19. AS 25.25.611(a) is amended to read: 04 (a) After a child support order issued in another state has been registered in 05 this state, unless the provisions of AS 25.25.613 apply, the responding tribunal of this 06 state may modify that order only if, after notice and an opportunity for hearing, it finds 07 that 08 (1) the following requirements are met: 09 (A) the child, the individual obligee, and the obligor do not 10 reside in the issuing state; 11 (B) a petitioner who is not a resident of this state seeks 12 modification; and 13 (C) the respondent is subject to the personal jurisdiction of the 14 tribunal of this state; or 15 (2) [AN INDIVIDUAL PARTY OR] the child , or a party who is an 16 individual, is subject to the personal jurisdiction of the tribunal and all of the 17 [INDIVIDUAL] parties who are individuals have filed a written consent in the issuing 18 tribunal providing that a tribunal of this state may modify the support order and 19 assume continuing, exclusive jurisdiction over the order; however, if the issuing state 20 is a foreign jurisdiction that has not enacted a law or procedure substantially similar 21 to this chapter, the written consent of an [THE] individual [PARTY] residing in this 22 state is not required for the tribunal to assume jurisdiction to modify the child support 23 order. 24 * Sec. 20. AS 25.27.022(b) is amended to read: 25 (b) Except for requests for assistance made under (c) of this section or 26 AS 25.25.501, requests [REQUESTS] from child support enforcement agencies in 27 other states shall be made by application containing the information that this state's 28 agency requires and including written authorization from the requesting state agency 29 and the obligee for this state's agency to initiate necessary action. 30 * Sec. 21. AS 25.27.022 is amended by adding new subsections to read: 31 (c) Requests from a child support agency of another state for assistance in
01 enforcing support orders through high-volume automated administrative enforcement 02 may be made by electronic or other means and must include the information required 03 by 42 U.S.C. 666(a)(14). 04 (d) An employer receiving an income withholding order from a child support 05 agency of another state shall comply with the choice of law provisions of 06 AS 25.25.502(d), 25.25.503, and 42 U.S.C. 666(b)(6)(A)(i)(V). 07 * Sec. 22. AS 25.27.062(e) is amended to read: 08 (e) The agency or the person who obtains an income withholding order under 09 this chapter shall immediately send a copy of the income withholding order, a copy 10 of the relevant provisions of AS 25.27.260 and this section, and an explanation of the 11 effect of the statutes to persons who may owe money to an obligor. These items may 12 be served [SENT] by [FIRST CLASS MAIL OR] certified mail, return receipt 13 requested, or they may be served personally by a process server, except that the agency 14 alternatively may send the items by electronic means. An income withholding order 15 made under this chapter is binding upon a person, employer, political subdivision, or 16 department of the state immediately upon receipt of a copy of the income withholding 17 order. A person receiving an income withholding order [AN EMPLOYER] shall 18 immediately begin withholding the specified amount from the obligor's earnings 19 [EMPLOYEE'S WAGES]. The amount withheld shall be sent to the agency within 20 seven business days after the date the amount would otherwise have been paid or 21 credited to the obligor [EMPLOYEE]. An employer may, for each payment made 22 under an order, deduct $5 from other wages or salary owed to the obligor. 23 * Sec. 23. AS 25.27.063(b) is amended to read: 24 (b) If an obligor who is required to provide health care coverage under a 25 medical support order is eligible for family health coverage through an employer 26 [DOING BUSINESS IN THE STATE], the court or agency issuing the medical 27 support order shall send a copy of the medical support order to the employer. If the 28 agency has notice that the obligor has changed or will be changing employment 29 and is or will be eligible for family health coverage through the new employer, the 30 agency shall send a copy of the medical support order to the new employer. 31 * Sec. 24. AS 25.27.075 is repealed and reenacted to read:
01 Sec. 25.27.075. Employment information. (a) Except as provided in (g) of 02 this section, an employer doing business in the state shall report to the agency the 03 hiring, rehiring, or return to work of each employee. The report shall be made within 04 the time limits set out in (b) of this section. The report must contain the name, 05 address, and social security number of the newly hired employee, the name and 06 address of the employer, and the identifying number assigned to the employer by the 07 United States Department of the Treasury, Internal Revenue Service. 08 (b) An employer required to report under (a) of this section shall use the 09 following procedures to make the report: 10 (1) if the report is submitted magnetically or electronically, the report 11 shall be made in a format mutually agreed upon by the employer and the agency; an 12 employer reporting under this paragraph shall make two transmissions a month, not 13 less than 12 days nor more than 16 days apart; or 14 (2) if the report is not submitted magnetically or electronically, the 15 report shall be made on a United States Department of the Treasury, Internal Revenue 16 Service, W-4 form or, at the option of the employer, on an equivalent form; an 17 employer reporting under this paragraph shall make the report to the agency not later 18 than 20 days after the date of the hiring, rehiring, or return to work of the employee; 19 the report shall be transmitted by the employer by first class mail. 20 (c) An employer that does business in this state and that has employees in at 21 least one other state is not required to comply with (a) of this section if, in compliance 22 with the laws of that state, the employer 23 (1) submits timely magnetic or electronic reports of hires, rehires, or 24 returns to work to the state directory of new hires of another state in which the 25 employer has employees; and 26 (2) has provided written notification of its election under this subsection 27 to the United States Secretary of Health and Human Services. 28 (d) In addition to reporting under (a) of this section, an employer of an obligor 29 shall promptly provide to the agency, or the child support enforcement agency of 30 another state, information requested regarding the obligor's compensation, employment, 31 wages or salary, and occupation.
01 (e) An employer may charge $1 to each employee who is reported to the 02 agency under this section to cover the cost of the reporting. 03 (f) In addition to other sanctions available under the law, an employer that 04 violates this section is liable for a civil penalty for each failure to meet the 05 requirements of this section of not more than 06 (1) $10 for each employee who is newly hired, rehired, or newly 07 returned to work; and 08 (2) $100 if the failure is the result of a conspiracy between the 09 employee and the employer not to supply the required report or to supply a false or 10 incomplete report concerning an employee. 11 (g) This section does not apply to an employer if the otherwise reportable 12 event occurs during a month when the employer has fewer than five employees. 13 (h) In this section, 14 (1) "employee" has the meaning given in 26 U.S.C. 3401(c); 15 "employee" does not include an employee of a federal or state agency performing 16 intelligence or counterintelligence functions if the head of that agency has determined 17 that reporting under this section on the employee could endanger the safety of the 18 employee or compromise an ongoing investigation or intelligence mission; 19 (2) "employer" has the meaning given in 26 U.S.C. 3401(d); 20 "employer" includes a governmental entity and a labor organization; 21 (3) "labor organization" has the meaning given in 29 U.S.C. 152; "labor 22 organization" includes an entity that is used by the labor organization and another 23 employer to carry out hiring or other requirements described in 29 U.S.C. 158(f)(3) in 24 accordance with an agreement between the labor organization and the other employer. 25 * Sec. 25. AS 25.27.085 is amended by adding a new subsection to read: 26 (g) If a person fails to comply with a subpoena issued under this section, the 27 agency may apply to the court for an order to compel obedience by proceedings for 28 contempt as if the subpoena had been issued by a court. 29 * Sec. 26. AS 25.27.165(b) is amended to read: 30 (b) In order to initiate a paternity proceeding administratively, the agency shall 31 serve a mother and putative father, as appropriate, with a notice of paternity and
01 financial responsibility. The notice shall be served personally as set out in Rule 4(d), 02 Alaska Rules of Civil Procedure, or by registered, certified, or insured mail, return 03 receipt requested, for restricted delivery only to the person to whom the notice is 04 directed or to the person authorized under federal law to receive that person's restricted 05 delivery mail. The notice must be accompanied by 06 (1) an administrative order requiring that the mother, child, and putative 07 father submit to genetic testing to be arranged by the agency and stating that a party 08 may provide information to show good cause not to order the testing; 09 (2) an administrative order requiring the putative father to provide 10 financial information, as defined by the agency in regulation, within 30 [20] days after 11 service of the notice; all financial information provided to the agency under an order 12 under this paragraph shall be held confidential by the agency, according to any 13 applicable regulations; and 14 (3) a notice of right to informal conference, to be held within 20 days 15 after receipt of an admission of paternity or service upon the parties of genetic test 16 results. 17 * Sec. 27. AS 25.27.165(c) is amended to read: 18 (c) A person served with a notice of paternity and financial responsibility and 19 accompanying orders under (b) of this section shall file a response, admitting or 20 denying paternity and providing the required financial information, within 30 [20] days 21 after the date of service of the notice of paternity and financial responsibility. If the 22 putative father admits paternity, the agency shall issue, within 20 days after the 23 admission of paternity, a decision establishing paternity. If the putative father denies 24 paternity, the putative father shall submit to genetic testing, as provided in (b) of this 25 section, within 45 [30] days after the date of service of the notice of paternity and 26 financial responsibility. If the putative father fails to file a response or fails to 27 comply with an accompanying order within the time and in the manner required 28 in this subsection, the agency may issue a decision by default establishing 29 paternity and financial responsibility, except that, if the proceeding was instituted 30 at the request of the putative father, the agency shall dismiss the proceeding 31 without prejudice.
01 * Sec. 28. AS 25.27 is amended by adding a new section to read: 02 Sec. 25.27.167. Contempt of order for genetic testing. (a) If a person who 03 is located in this state fails to comply with an order for genetic testing issued by the 04 agency in this state, or the tribunal of another state, the agency in this state may certify 05 the facts to the superior court of this state. 06 (b) Upon certification under (a) of this section, the court shall issue an order 07 directing the person to appear and show cause why the person should not be punished 08 for contempt. The order and a copy of the certified statement shall be served on the 09 person in the manner required for service of court orders to show cause. 10 (c) After service under (b) of this section, the court has jurisdiction of the 11 matter brought under this section. 12 (d) The law of this state applicable to contempt of a court order applies to a 13 proceeding for contempt of order for genetic testing brought under this section. 14 * Sec. 29. AS 25.27.230(a) is repealed and reenacted to read: 15 (a) The agency shall assert a lien upon the real or personal property of the 16 obligor in the amount of the obligor's liability if an arrearage occurs under a support 17 order being enforced by the agency. 18 * Sec. 30. AS 25.27.230 is amended by adding new subsections to read: 19 (e) A lien arising in another state under the child support laws of that state 20 shall be given full faith and credit in this state. The lien may be asserted in this state 21 upon the real or personal property of the obligor in the amount of the obligor's liability 22 by complying with the requirements of this section. 23 (f) A lien recorded under this section is a judgment lien and may be enforced 24 by execution under AS 09.35 in the full amount of the obligor's liability at the time 25 of execution. 26 * Sec. 31. AS 25.27.240(a) is amended to read: 27 (a) The agency of this state or another state , or a party or other entity 28 seeking to enforce a child support obligation, may, at any time after recording of a 29 lien recorded under AS 25.27.230, serve a copy of the lien upon any person, political 30 subdivision, or department of the state possessing earnings, or deposits or balances 31 held in any bank account of any nature that are due, owing, or belonging to the
01 obligor. 02 * Sec. 32. AS 25.27.244(a) is amended to read: 03 (a) The agency shall compile and maintain a list of obligors who are not in 04 substantial compliance with a support order or payment schedule negotiated under 05 (g)(1) of this section [AND OF OTHER PERSONS WHO, AFTER RECEIVING 06 APPROPRIATE NOTICE, HAVE FAILED TO COMPLY WITH A SUBPOENA OR 07 WARRANT RELATING TO PATERNITY OR A CHILD SUPPORT PROCEEDING]. 08 The agency may not include an obligor on the list unless the agency has sent to the 09 obligor, at the obligor's most recent address on file with the agency, written notice of 10 the arrearages at least 60 days before placement on the list. The list must include the 11 names, social security numbers, dates of birth, and last known addresses of the 12 persons. The list shall be updated by the agency on a monthly basis. 13 * Sec. 33. AS 25.27.244(g) is amended to read: 14 (g) If the applicant wishes to challenge being included on the list, the applicant 15 shall submit to the agency a written request for review within 30 days after receiving 16 the notice under (c) or (r) of this section by using the form developed under (e) of this 17 section. Within 30 days after receiving a written request for review, the agency shall 18 inform the applicant in writing of the agency's findings. The agency shall immediately 19 send a release to the appropriate licensing entity and the applicant if any of the 20 following conditions is met: 21 (1) the applicant is found to [HAVE COMPLIED WITH ALL 22 SUBPOENAS AND WARRANTS DESCRIBED IN (a) OF THIS SECTION, IF 23 APPLICABLE, AND IS FOUND TO] be in substantial compliance with each support 24 order applicable to the applicant or has negotiated an agreement with the agency for 25 a payment schedule on arrearages and is in substantial compliance with the negotiated 26 agreement; if the applicant fails to be in substantial compliance with an agreement 27 negotiated under this paragraph, the agency shall send to the appropriate licensing 28 entity a revocation of any release previously sent to the entity for that applicant; 29 (2) the applicant has submitted a timely request for review to the 30 agency, but the agency will be unable to complete the review and send notice of 31 findings to the applicant in sufficient time for the applicant to file a timely request for
01 judicial relief within the 150-day period during which the applicant's temporary license 02 is valid under (d) of this section; this paragraph applies only if the delay in completing 03 the review process is not the result of the applicant's failure to act in a reasonable, 04 timely, and diligent manner upon receiving notice from the licensing entity that the 05 applicant's name is on the list; 06 (3) the applicant has, within 30 days after receiving the agency's 07 findings following a request for review under (2) of this subsection, filed and served 08 a request for judicial relief under this section, but a resolution of that relief will not 09 be made within the 150-day period of the temporary license under (d) of this section; 10 this paragraph applies only if the delay in completing the judicial relief process is not 11 the result of the applicant's failure to act in a reasonable, timely, and diligent manner 12 upon receiving the agency's notice of findings; or 13 (4) the applicant has obtained a judicial finding of substantial 14 compliance. 15 * Sec. 34. AS 25.27.244(i) is amended to read: 16 (i) Except as otherwise provided in this section, the agency may not issue a 17 release if the applicant is not in substantial compliance with the order for support or 18 with an agreement negotiated under (g)(1) of this section [, OR IS NOT IN 19 COMPLIANCE WITH A SUBPOENA OR WARRANT DESCRIBED IN (a) OF THIS 20 SECTION]. The agency shall notify the applicant in writing that the applicant may 21 request any or all of the following: (1) judicial relief from the agency's decision not 22 to issue a release or the agency's decision to revoke a release under (g)(1) of this 23 section; (2) a judicial determination of substantial compliance; (3) a modification of 24 the support order. The notice must also contain the name and address of the court in 25 which the applicant may file the request for relief and inform the applicant that the 26 applicant's name shall remain on the list if the applicant does not request judicial relief 27 within 30 days after receiving the notice. The applicant shall comply with all statutes 28 and rules of court implementing this section. This section does not limit an applicant's 29 authority under other law to request an order to show cause or notice of motion to 30 modify a support order or to fix a payment schedule on arrearages accruing under a 31 support order or to obtain a court finding of substantial compliance with a support
01 order or a court finding of compliance with subpoenas and warrants described in (a) 02 of this section. 03 * Sec. 35. AS 25.27.244(j) is amended to read: 04 (j) A request for judicial relief from the agency's decision must state the 05 grounds on which relief is requested, and the judicial action shall be limited to those 06 stated grounds. Judicial relief under this subsection is not an appeal and shall be 07 governed by court rules adopted to implement this section. Unless otherwise provided 08 by court rule, the court shall hold an evidentiary hearing within 20 calendar days after 09 the filing of service on the opposing party. The court's decision shall be limited to a 10 determination of each of the following issues, as applicable: 11 (1) whether there is a support order or a payment schedule on 12 arrearages; 13 (2) whether the petitioner is the obligor covered by the support order; 14 and 15 (3) whether the obligor is in substantial compliance with the support 16 order or payment schedule [; AND 17 (4) WHETHER THE PERSON REQUESTING RELIEF COMPLIED 18 WITH ALL SUBPOENAS AND WARRANTS RELATING TO PATERNITY OR A 19 CHILD SUPPORT PROCEEDING]. 20 * Sec. 36. AS 25.27.244(k) is amended to read: 21 (k) If the court finds that the person requesting relief is in substantial 22 compliance with the support order or payment schedule, [AND IS IN COMPLIANCE 23 WITH ALL SUBPOENAS AND WARRANTS DESCRIBED IN (a) OF THIS 24 SECTION,] the agency shall immediately send a release under (g) of this section to 25 the appropriate licensing entity and the applicant. 26 * Sec. 37. AS 25.27.244(l) is amended to read: 27 (l) If an applicant is in substantial compliance with a support order or payment 28 schedule, [AND IS IN COMPLIANCE WITH SUBPOENAS AND WARRANTS 29 DESCRIBED IN (a) OF THIS SECTION,] the agency shall mail to the applicant and 30 the appropriate licensing entity a release stating that the applicant is in substantial 31 compliance [OR IS IN COMPLIANCE WITH THE SUBPOENAS AND
01 WARRANTS, AS APPLICABLE]. The receipt of a release shall serve to notify the 02 applicant and the licensing entity that, for the purposes of this section, the applicant 03 is in substantial compliance with the support order or payment schedule [, OR IS IN 04 COMPLIANCE WITH THE SUBPOENAS AND WARRANTS,] unless the agency, 05 under (a) of this section, certifies subsequent to the issuance of a release that the 06 applicant is once again not in substantial compliance with a support order or payment 07 schedule [, OR IS NOT IN COMPLIANCE WITH A SUBPOENA OR WARRANT]. 08 * Sec. 38. AS 25.27.246(a) is amended to read: 09 (a) The agency shall compile and maintain a list of obligors who have a 10 driver's license and are not in substantial compliance with a support order or payment 11 schedule negotiated under (f)(1) of this section [AND OF OTHER PERSONS WHO, 12 AFTER RECEIVING APPROPRIATE NOTICE, HAVE FAILED TO COMPLY 13 WITH A SUBPOENA OR WARRANT RELATING TO PATERNITY OR A CHILD 14 SUPPORT PROCEEDING]. The agency may not include an obligor on the list unless 15 the agency has sent to the obligor, at the obligor's most recent address on file with the 16 agency, written notice of the arrearages at least 60 days before placement on the list. 17 The list must include the names, social security numbers, dates of birth, and last 18 known addresses of the persons. The list shall be updated by the agency on a monthly 19 basis. 20 * Sec. 39. AS 25.27.246(f) is amended to read: 21 (f) If a licensee wishes to challenge being included on the list, the licensee 22 shall submit to the agency a written request for review within 30 days after the notice 23 under (b) of this section was personally delivered or postmarked by using the form 24 developed under (d) of this section. Within 30 days after receiving a written request 25 for review, the agency shall inform the licensee in writing of the agency's findings. 26 The agency shall immediately send a release to the department and the licensee if any 27 of the following conditions is met: 28 (1) the licensee is found [BY THE AGENCY TO HAVE COMPLIED 29 WITH ALL SUBPOENAS AND WARRANTS DESCRIBED IN (a) OF THIS 30 SECTION AND IS FOUND] to be in substantial compliance with each support order 31 applicable to the licensee or has negotiated an agreement with the agency for a
01 payment schedule on arrearages and is in substantial compliance with the negotiated 02 agreement; if the licensee fails to be in substantial compliance with an agreement 03 negotiated under this paragraph, the agency shall send to the department a revocation 04 of any release previously sent to the entity for that licensee; 05 (2) the licensee has submitted a timely request for review to the 06 agency, but the agency will be unable to complete the review and send notice of 07 findings to the licensee in sufficient time for the licensee to file a timely request for 08 judicial relief within the 150-day period before the licensee's license will be suspended 09 under (c) of this section; this paragraph applies only if the delay in completing the 10 review process is not the result of the licensee's failure to act in a reasonable, timely, 11 and diligent manner upon receiving notice from the agency that the licensee's driver's 12 license will be suspended in 150 days; 13 (3) the licensee has, within 30 days after receiving the agency's findings 14 following a request for review under (2) of this subsection, filed and served a request 15 for judicial relief under this section, but a resolution of that relief will not be made 16 within the 150-day period before license suspension under (c) of this section; this 17 paragraph applies only if the delay in completing the judicial relief process is not the 18 result of the licensee's failure to act in a reasonable, timely, and diligent manner upon 19 receiving the agency's notice of findings; or 20 (4) the licensee has obtained a judicial finding of substantial 21 compliance. 22 * Sec. 40. AS 25.27.246(h) is amended to read: 23 (h) Except as otherwise provided in this section, the agency may not issue a 24 release if the licensee is not in substantial compliance with the order for support or 25 with an agreement negotiated under (f)(1) of this section [, OR IS NOT IN 26 COMPLIANCE WITH A SUBPOENA OR WARRANT DESCRIBED IN (a) OF THIS 27 SECTION]. The agency shall notify the licensee in writing that the licensee may 28 request any or all of the following: (1) judicial relief from the agency's decision not 29 to issue a release or the agency's decision to revoke a release under (f)(1) of this 30 section; (2) a judicial determination of substantial compliance; (3) a modification of 31 the support order. The notice must also contain the name and address of the court in
01 which the licensee may file the request for relief and inform the licensee that the 02 licensee's name shall remain on the list if the licensee does not request judicial relief 03 within 30 days after receiving the notice. The licensee shall comply with all statutes 04 and rules of court implementing this section. This section does not limit a licensee's 05 authority under other law to request an order to show cause or notice of motion to 06 modify a support order or to fix a payment schedule on arrearages accruing under a 07 support order or to obtain a court finding of substantial compliance with a support 08 order or a court finding of compliance with subpoenas and warrants described in (a) 09 of this section. 10 * Sec. 41. AS 25.27.246(i) is amended to read: 11 (i) A request for judicial relief from the agency's decision must state the 12 grounds on which relief is requested, and the judicial action shall be limited to those 13 stated grounds. Judicial relief under this subsection is not an appeal and shall be 14 governed by court rules adopted to implement this section. Unless otherwise provided 15 by court rule, the court shall hold an evidentiary hearing within 20 calendar days after 16 the filing of service on the opposing party. The court's decision shall be limited to a 17 determination of each of the following issues, as applicable: 18 (1) whether there is a support order or a payment schedule on 19 arrearages; 20 (2) whether the petitioner is the obligor covered by the support order; 21 and 22 (3) whether the obligor is in substantial compliance with the support 23 order or payment schedule [; AND 24 (4) WHETHER THE PERSON REQUESTING RELIEF COMPLIED 25 WITH ALL SUBPOENAS AND WARRANTS RELATING TO PATERNITY OR A 26 CHILD SUPPORT PROCEEDING]. 27 * Sec. 42. AS 25.27.246(j) is amended to read: 28 (j) If the court finds that the person requesting relief is in substantial 29 compliance with the support order or payment schedule, [OR IS IN COMPLIANCE 30 WITH SUBPOENAS AND WARRANTS DESCRIBED IN (a) OF THIS SECTION,] 31 the agency shall immediately send a release under (f) of this section to the department
01 and the licensee. 02 * Sec. 43. AS 25.27.246(k) is amended to read: 03 (k) If a licensee is in substantial compliance with a support order or payment 04 schedule, [AND IS IN COMPLIANCE WITH ALL SUBPOENAS AND WARRANTS 05 DESCRIBED IN (a) OF THIS SECTION,] the agency shall mail to the licensee and 06 the department a release stating that the licensee is in substantial compliance [OR IS 07 IN COMPLIANCE WITH THE SUBPOENAS AND WARRANTS, 08 AS APPLICABLE]. The receipt of a release shall serve to notify the licensee and the 09 department that, for the purposes of this section, the licensee is in substantial 10 compliance with the support order or payment schedule [, OR IS IN COMPLIANCE 11 WITH THE SUBPOENAS AND WARRANTS,] unless the agency, under (a) of this 12 section, certifies subsequent to the issuance of a release that the licensee is once again 13 not in substantial compliance with a support order or payment schedule [, OR IS NOT 14 IN COMPLIANCE WITH A SUBPOENA OR WARRANT]. 15 * Sec. 44. AS 25.27.246(n)(5) is amended to read: 16 (5) "substantial compliance" regarding a support order or payment 17 schedule means that, with respect to a support order or a negotiated payment schedule 18 under (f) of this section, whichever is applicable, the obligor [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. 45. AS 25.27.250(a) is repealed and reenacted to read: 28 (a) Without prior notice to the obligor, the agency may issue to any person, 29 including an entity, political subdivision, or state agency, an order to withhold and 30 deliver property under this section; the order may be issued 31 (1) immediately upon issuance of an income withholding order that
01 provides for immediate income withholding under AS 25.27.062(a); 02 (2) immediately after an arrearage occurs under a support order 03 described in AS 25.27.150(a); 04 (3) at the expiration of 30 days after the date of service of a notice and 05 finding of financial responsibility under AS 25.27.160; or 06 (4) at the expiration of 30 days after service of a decision establishing 07 paternity and financial responsibility under AS 25.27.165. 08 * Sec. 46. AS 25.27.900(9) is amended to read: 09 (9) "support order" means any judgment, decree, or order that is issued 10 by a tribunal for the support and maintenance of a child or of [A CHILD AND] a 11 parent with whom the child is living; "support order" includes a judgment, decree, or 12 order 13 (A) on behalf of a child who has reached the age of majority 14 if the judgment, decree, or order was lawfully issued; and 15 (B) for 16 (i) monetary support, including arrearages; 17 (ii) payment of health care costs or maintenance of 18 health insurance; 19 (iii) reimbursement of related costs; 20 (iv) payment of attorney fees and legal costs and other 21 fees; and 22 (v) penalty, interest, and other relief as required by a 23 tribunal ; [.] 24 * Sec. 47. AS 25.27.900 is amended by adding new paragraphs to read: 25 (11) "arrearage" means a debt for support that is past due and equal to 26 at least one monthly obligation under the support order; 27 (12) "high-volume automated administrative enforcement" means the 28 use of automatic data processing to search various state data bases, including license 29 records, employment service data, and state new-hire registries, to determine whether 30 information is available regarding a parent who owes a child support obligation. 31 * Sec. 48. AS 28.15.061(b) is amended to read:
01 (b) An application under (a) of this section must 02 (1) contain the applicant's full name, social security number, date and 03 place of birth, sex, and mailing and residence addresses; 04 (2) state whether the applicant has been previously licensed as a driver 05 and, if so, when and by what jurisdiction; 06 (3) state whether any previous driver's license issued to the applicant 07 has ever been suspended or revoked or whether an application for a driver's license has 08 ever been refused and, if so, the date of and reason for the suspension, revocation, or 09 refusal; and 10 (4) contain other information that the department may reasonably 11 require to determine the applicant's identity, competency, and eligibility. 12 * Sec. 49. AS 28.15.061 is amended by adding a new subsection to read: 13 (g) Upon request, the department shall provide a social security number 14 provided under this section to the child support enforcement agency created in 15 AS 25.27.010, or the child support agency of another state, for child support purposes 16 authorized by law. 17 * Sec. 50. Section 148(c), ch. 87, SLA 1997, is repealed. 18 * Sec. 51. APPLICABILITY. The report required under AS 25.27.075(a), enacted by 19 sec. 24 of this Act, applies to the hiring, rehiring, or return to work of an employee that 20 occurs on or after the effective date of this Act. 21 * Sec. 52. NONSEVERABILITY OF ACT. Notwithstanding AS 25.27.280, if a provision 22 enacted by this Act, or the application of a provision enacted by this Act to any person or 23 circumstance, is held to be unconstitutional, that provision and the remainder of the provisions 24 enacted by this Act shall be considered to be invalid, and, to this end, the provisions of this 25 Act are declared to be nonseverable. 26 * Sec. 53. This Act takes effect immediately under AS 01.10.070(c).