SB 135: "An Act relating to permanent fund dividend program notice requirements, to the ineligibility for dividends of individuals convicted of felonies or incarcerated for misdemeanors, and to the determination of the number and identity of certain ineligible individuals; and providing for an effective date."
00SENATE BILL NO. 135 01 "An Act relating to permanent fund dividend program notice requirements, to the 02 ineligibility for dividends of individuals convicted of felonies or incarcerated for 03 misdemeanors, and to the determination of the number and identity of certain 04 ineligible individuals; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. PURPOSES. The purposes of the amendments made to AS 43.23.005(d) and 07 43.23.028(b) in this Act are to obtain 08 (1) a source of additional funding for the state agencies listed in 09 AS 43.23.028(b); and 10 (2) reimbursement for some of the costs imposed on the state criminal justice 11 system related to apprehension, prosecution, conviction, incarceration, or probation of 12 individuals convicted of a felony and individuals who are chronic misdemeanants as 13 demonstrated by their being incarcerated as a result of a third or subsequent misdemeanor 14 conviction.
01 * Sec. 2. AS 43.23.005(d) is amended to read: 02 (d) Notwithstanding the provisions of (a) - (c) of this section, an individual 03 [WHO HAS BEEN CONVICTED OF A FELONY] is not eligible for a permanent 04 fund dividend for a dividend year when 05 (1) during the calendar year immediately preceding that dividend 06 year the individual was convicted of a felony; 07 (2) [,] during all or part of the [PREVIOUS] calendar year immediately 08 preceding that dividend year, as a result of the conviction of a felony the individual 09 was [IS] incarcerated; or 10 (3) during all or part of the calendar year immediately preceding 11 that dividend year, as a result of a third or subsequent conviction of a 12 misdemeanor, the individual was incarcerated. 13 * Sec. 3. AS 43.23.028(b) is amended to read: 14 (b) To the extent that amounts appropriated for a fiscal year do not 15 exceed the total amount that would have been paid during that same fiscal year 16 to individuals who are ineligible to receive dividends under AS 43.23.005(d) if they 17 had been eligible, the [THE] notice requirements of (a) of this section do not apply 18 to appropriations from the dividend fund to the 19 (1) crime victim compensation fund established under AS 18.67.162; 20 (2) [, TO THE] council on domestic violence and sexual assault 21 established under AS 18.66.010; 22 (3) Department of Revenue for operations of the child support 23 enforcement agency; 24 (4) Department of Public Safety; 25 (5) Department of Law; [,] or 26 (6) [TO THE] Department of Corrections [TO THE EXTENT THAT 27 AMOUNTS APPROPRIATED FOR A FISCAL YEAR DO NOT EXCEED THE 28 TOTAL AMOUNT THAT WOULD HAVE BEEN PAID DURING THE PREVIOUS 29 FISCAL YEAR TO INDIVIDUALS WHO ARE INELIGIBLE TO RECEIVE 30 DIVIDENDS UNDER AS 43.23.005(d) IF THEY HAD BEEN ELIGIBLE]. 31 * Sec. 4. AS 43.23.028 is amended by adding a new subsection to read:
01 (c) The governor may submit recommendations to the legislature regarding 02 appropriations to be made under (b) of this section. 03 * Sec. 5. AS 43.23.055 is amended to read: 04 Sec. 43.23.055. DUTIES OF THE DEPARTMENT. The department shall 05 (1) annually pay permanent fund dividends from the dividend fund; 06 (2) subject to AS 43.23.011 and paragraph (8) of this section, adopt 07 regulations under AS 44.62 (Administrative Procedure Act) that establish procedures 08 and time limits for claiming a permanent fund dividend; the department shall determine 09 the number of eligible applicants by October 1 of the year for which the dividend is 10 declared and pay the dividends by December 31 of that year; 11 (3) adopt regulations under AS 44.62 (Administrative Procedure Act) 12 that establish procedures and time limits for an individual upon emancipation or upon 13 reaching majority to apply for permanent fund dividends not received during minority 14 because the parent, guardian, or other authorized representative did not apply on behalf 15 of the individual; 16 (4) assist residents of the state, particularly in rural areas, who because 17 of language, disability, or inaccessibility to public transportation need assistance to 18 establish eligibility and to apply for permanent fund dividends; 19 (5) use a list of individuals ineligible for a dividend under 20 AS 43.23.005(d) provided annually by [ANNUALLY DETERMINE, IN 21 COOPERATION WITH] the Department of Corrections and the Department of 22 Public Safety to determine [,] the number and identity of those individuals 23 [INELIGIBLE FOR A PERMANENT FUND DIVIDEND UNDER AS 43.23.005(d)]; 24 (6) adopt regulations that are necessary to implement AS 43.23.005(d); 25 (7) adopt regulations that establish procedures for the parent, guardian, 26 or other authorized representative of a disabled individual to apply for prior year 27 permanent fund dividends not received by the disabled individual because no 28 application was submitted on behalf of the individual; 29 (8) adopt regulations that establish procedures for an individual to apply 30 to have a dividend warrant reissued if it is returned to the department as undeliverable 31 or it is not paid within two years of the date of its issuance; however, the department
01 may not establish a time limit within which an application to have a warrant reissued 02 must be filed; 03 (9) adopt regulations establishing an optional longevity bonus program 04 to provide for the direct payment by the department of an individual's permanent fund 05 dividend to an annuity program selected by the individual. 06 * Sec. 6. Notwithstanding the amendment to AS 43.23.005(d) made in sec. 2 of this Act, 07 for purposes of determining eligibility for 1996 dividends, AS 43.23.005(d) shall be applied 08 as though it had not been amended by this Act. The amendments made by sec. 2 of this Act 09 apply only to individuals convicted of offenses committed after the effective date of that bill 10 section. Convictions for offenses committed before the effective date of that bill section may 11 not be considered in determining the number of prior convictions for purposes of applying 12 AS 43.23.005(d)(3). 13 * Sec. 7. Notwithstanding the amendment to AS 43.23.028(b) made in sec. 3 of this Act, 14 the notice requirements of AS 43.23.028(a) do not apply to appropriations from the dividend 15 fund made for fiscal year 1996 to the crime victim compensation fund established under 16 AS 18.67.162, to the Council on Domestic Violence and Sexual Assault established under 17 AS 18.66.010, to the Department of Revenue for operations of the child support enforcement 18 agency, to the Department of Public Safety, to the Department of Law, or to the Department 19 of Corrections to the extent that amounts appropriated do not exceed the total amount that 20 would have been paid during fiscal year 1995 and fiscal year 1996 to individuals who are 21 ineligible to receive dividends under AS 43.23.005(d) if they had been eligible. 22 * Sec. 8. Sections 3 and 5 of this Act are retroactive to January 1, 1995. 23 * Sec. 9. Sections 1, 3, 5, 7, and 8 of this Act take effect immediately under 24 AS 01.10.070(c). 25 * Sec. 10. Sections 2 and 6 of this Act take effect January 1, 1996. 26 * Sec. 11. Section 4 of this Act takes effect January 1, 1997.