00 SENATE BILL NO. 126                                                                                                     
01 "An Act making individuals convicted of certain crimes ineligible for permanent                                         
02 fund dividends, and relating to notice requirements under the dividend program;                                         
03 and providing for an effective date."                                                                                   
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 43.23.005(d) is amended to read:                                                                    
06  (d)  Notwithstanding the provisions of (a) - (c) of this section, an individual                                       
07 [WHO HAS BEEN CONVICTED OF A FELONY] is not eligible for a permanent                                                    
08 fund dividend for                                                                                                       
09   (1)  a year when, during all or part of the previous [CALENDAR] year,                                              
10 as a result of a felony [THE] conviction, the individual is incarcerated, on probation,                              
11 or on parole;                                                                                                           
12   (2)  any year after the year the individual is convicted of a                                                        
13   (A)  crime that is a felony under AS 11.41;                                                                         
14   (B)   second felony; or                                                                                             
01   (C)  third misdemeanor.                                                                                            
02    * Sec. 2.  AS 43.23.028(b) is amended to read:                                                                       
03  (b)  To the extent that amounts appropriated for a fiscal year do not                                                
04 exceed the total amount that would have been paid during the previous fiscal year                                       
05 to individuals  who are ineligible to receive dividends under AS 43.23.005(d) if                                        
06 they had been eligible, the [THE] notice requirements of (a) of this section do not                                    
07 apply to appropriations from the dividend fund to the                                                                   
08   (1)  crime victim compensation fund established under AS 18.67.162;                                               
09   (2)  [, TO THE] council on domestic violence and sexual assault                                                     
10 established under AS 18.66.010;                                                                                       
11   (3)  Department of Public Safety for services to crime victims; or                                                 
12   (4)  [, TO THE] Department of Corrections [TO THE EXTENT THAT                                                      
13 AMOUNTS APPROPRIATED FOR A FISCAL YEAR DO NOT EXCEED THE                                                                
14 TOTAL AMOUNT THAT WOULD HAVE BEEN PAID DURING THE PREVIOUS                                                              
15 FISCAL YEAR TO INDIVIDUALS WHO ARE INELIGIBLE TO RECEIVE                                                                
16 DIVIDENDS UNDER AS 43.23.005(d) IF THEY HAD BEEN ELIGIBLE].                                                             
17    * Sec. 3.  The amendments made in sec. 1 of this Act apply only to individuals convicted                             
18 of offenses committed on or after the effective date of this Act.  However, convictions for                             
19 offenses committed before the effective date of this Act shall be considered in determining                             
20 the number of prior convictions for purposes of applying AS 43.23.005(d)(2)(B) and (C).                                 
21    * Sec. 4.  This Act takes effect January 1, 1996.