CSSB 19(RES): "An Act repealing the termination date of changes made by ch. 87, SLA 1997, and ch. 132, SLA 1998, regarding child support enforcement and related programs; repealing the nonseverability provision of ch. 132, SLA 1998; repealing uncodified laws relating to ch. 87, SLA 1997, and ch. 132, SLA 1998; and providing for an effective date."
00 CS FOR SENATE BILL NO. 19(RES) 01 "An Act repealing the termination date of changes made by ch. 87, SLA 1997, and ch. 02 132, SLA 1998, regarding child support enforcement and related programs; repealing 03 the nonseverability provision of ch. 132, SLA 1998; repealing uncodified laws relating to 04 ch. 87, SLA 1997, and ch. 132, SLA 1998; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 FINDINGS; PURPOSE; INTENT. (a) The legislature finds that 09 (1) many Alaska children are dependent on regular and adequate child support 10 payments in order to meet basic needs; 11 (2) the child support enforcement program in this state helps Alaska children 12 receive the support that has been ordered to meet those children's needs; 13 (3) in 1997 and 1998, legislation was enacted that improved and strengthened 14 the child support enforcement program and provided additional protections for parents and
01 children who are subject to child support orders, but the legislation included provisions that 02 will result in the repeal of those amendments on July 1, 2001; 03 (4) the changes to the child support enforcement program implemented 04 through the 1997 and 1998 Acts have now been tested in practice in this state and have been 05 found successful in ensuring that more children receive the support required to meet basic 06 needs; following the enactment of the 1997 and 1998 Acts, child support collections increased 07 and reached $85,000,000 in fiscal year 2000, the largest annual child support collection in the 08 state's history; 09 (5) in addition to increasing child support collections, the changes made by the 10 1997 and 1998 Acts are needed to assure compliance with federal requirements designed to 11 encourage accurate determination of child support obligations and timely payment of those 12 obligations; 13 (6) the federal government provides millions of dollars to assist the state in 14 financing effective child support enforcement programs; compliance with federal 15 requirements is a condition of receiving this federal financial participation; 16 (7) if the repeal provisions of the 1997 and 1998 Acts are not removed before 17 July 1, 2001, the state will be placed out of compliance with federal requirements for 18 continued federal financial participation in the state's child support enforcement program and 19 for a federal public assistance block grant to this state; according to federal law, if the repeal 20 provisions take effect the state will lose 21 (A) all federal child support enforcement funding, which amounted to 22 over $14,000,000 in federal fiscal year 2000; and 23 (B) the annual federal temporary assistance for needy families program 24 block grant administered under the state's Alaska temporary assistance program 25 (ATAP), which amounted to over $65,000,000 in federal fiscal year 2000; and 26 (8) the 1998 Act included a nonseverability provision requiring that if any one 27 of the majority of the provisions of that Act were to be ruled unconstitutional as to any person 28 or circumstance, the majority of the provisions of the Act would be considered invalid; if the 29 nonseverability provision is triggered, all federal financial participation for the state's child 30 support enforcement and ATAP programs would be lost, even if the unconstitutional 31 provision were a relatively minor one.
01 (b) The primary purpose of this Act is to ensure that the current law and court rules of 02 this state relating to child support enforcement and related programs continue in effect so that 03 significant improvements to the child support enforcement program will remain in effect and 04 that the mandates for receiving federal financial participation in the state's child support 05 enforcement and ATAP programs are met, thus assuring that children in this state can timely 06 receive needed child support from their parents and needy children can receive necessary 07 temporary assistance. 08 (c) The intent of this Act is that 09 (1) statutory changes made by ch. 87, SLA 1997, and ch. 132, SLA 1998, 10 regarding child support enforcement and related programs that would have been repealed 11 under sec. 148(c), ch. 87, SLA 1997, and secs. 53 and 54(b), ch. 132, SLA 1998, on July 1, 12 2001, instead remain in effect on and after July 1, 2001, unless and until amended by other 13 laws, along with any changes made to those statutory provisions by the revisor of statutes 14 under authority of AS 01.05.031(b); 15 (2) any other amendments relating to child support enforcement and related 16 programs that affect the statutory provisions described in (1) of this subsection and that were 17 enacted in 1997, 1998, 1999, 2000, or 2001, other than by ch. 87, SLA 1997, or ch. 132, SLA 18 1998, continue in effect on and after July 1, 2001, unless and until amended by other laws, 19 along with any changes made to those statutory provisions by the revisor of statutes under 20 authority of AS 01.05.031(b); 21 (3) amendments to court rules made by ch. 87, SLA 1997, continue in effect 22 on and after July 1, 2001, unless and until amended by other laws or court orders, and that the 23 further amendments to those courts rules provided for in sec. 148(c), ch. 87, SLA 1997, and 24 sec. 53, ch. 132, SLA 1998, not occur; and 25 (4) any other amendments to the court rules described in (3) of this subsection 26 that relate to child support enforcement and related programs and that were enacted or 27 adopted in 1997, 1998, 1999, 2000, or 2001, other than by ch. 87, SLA 1997, or ch. 132, 28 SLA 1998, continue in effect on and after July 1, 2001, unless and until amended by other 29 laws or court orders. 30 * Sec. 2. The following are repealed: 31 (1) Section 148(c), ch. 87, SLA 1997, as amended by sec. 53, ch. 132, SLA
01 1998; 02 (2) Sections 2, 14, and 16, ch. 37, SLA 1998; 03 (3) Section 53, ch. 132, SLA 1998; 04 (4) Section 54(b), ch. 132, SLA 1998, as amended by sec. 101, ch. 21, SLA 05 2000; 06 (5) Section 54(c), ch. 132, SLA 1998; 07 (6) Section 56, ch. 132, SLA 1998; 08 (7) Section 92, ch. 58, SLA 1999; and 09 (8) Section 103, ch. 21, SLA 2000. 10 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).