SB 232: "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. 232 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 in this Act are to 08 (1) obtain reimbursement for some of the costs imposed on the state criminal 09 justice system related to apprehension, prosecution, conviction, incarceration, or probation of 10 individuals convicted of a felony and individuals who are chronic misdemeanants as 11 demonstrated by their being incarcerated as a result of a third or subsequent misdemeanor 12 conviction; 13 (2) ensure the public is advised about the ineligibility for dividends under 14 AS 43.23.005(d), the reasons for making individuals ineligible under that subsection, and the
01 purposes for which the state has appropriated the money that would otherwise have been paid 02 to those ineligible individuals; 03 (3) clarify what the funds appropriated to certain agencies listed under 04 AS 43.23.028(b) may be used for if the appropriations are to be exempt from the notice 05 requirement; and 06 (4) obtain another source of funding for the state agencies added to 07 AS 43.23.028(b). 08 * Sec. 2. AS 43.23.005(d) is amended to read: 09 (d) Notwithstanding the provisions of (a) - (c) of this section, an individual 10 [WHO HAS BEEN CONVICTED OF A FELONY] is not eligible for a permanent 11 fund dividend for a dividend year when 12 (1) during the calendar year immediately preceding that dividend 13 year the individual was convicted of a felony; 14 (2) [,] during all or part of the [PREVIOUS] calendar year immediately 15 preceding that dividend year, the individual was incarcerated as a result of 16 (A) the conviction of a felony; or 17 (B) a third or subsequent conviction of a misdemeanor [THE 18 INDIVIDUAL IS INCARCERATED]. 19 * Sec. 3. AS 43.23.028 is amended to read: 20 Sec. 43.23.028. PUBLIC NOTICE. (a) By October 1 of each year, the 21 commissioner shall give public notice of the value of each permanent fund dividend 22 for that year and notice of the information required to be disclosed under (3) of 23 this subsection. In addition, [. THE NOTICE AND] the stub attached to each 24 individual dividend check and direct deposit advice must [DISCLOSE THE 25 AMOUNT] 26 (1) disclose the amount of each dividend attributable to income earned 27 by the permanent fund from deposits to that fund required under art. IX, sec. 15, 28 Constitution of the State of Alaska; 29 (2) disclose the amount of each dividend attributable to income earned 30 by the permanent fund from appropriations to that fund and from amounts added to 31 that fund to offset the effects of inflation; [AND]
01 (3) disclose the amount by which each dividend has been reduced due 02 to each appropriation from the dividend fund, including amounts to pay the costs of 03 administering the dividend program and the hold harmless provisions of AS 43.23.075; 04 (4) include a statement that an individual is not eligible for a 05 dividend when 06 (A) during the calendar year immediately preceding that 07 dividend year the individual was convicted of a felony; 08 (B) during all or part of the calendar year immediately 09 preceding that dividend year, the individual was incarcerated as a result 10 of 11 (i) the conviction of a felony; or 12 (ii) a third or subsequent conviction of a 13 misdemeanor; 14 (5) include a statement that the legislative purpose for making 15 individuals listed under (4) of this subsection ineligible is to 16 (A) obtain reimbursement for some of the costs imposed on 17 the state criminal justice system related to apprehension, prosecution, 18 conviction, incarceration, or probation of those individuals; 19 (B) provide funds for payments to crime victims and for the 20 operation of safe houses and shelters; 21 (6) disclose the total amount that would have been paid during the 22 previous fiscal year to individuals who were ineligible to receive dividends under 23 AS 43.23.005(d) if they had been eligible; 24 (7) disclose the total amount appropriated for the current fiscal 25 year under (b) of this section for each of the funds and agencies listed in (b) of 26 this section. 27 (b) To the extent that amounts appropriated for a fiscal year do not 28 exceed the total amount that would have been paid during the previous fiscal year 29 to individuals who were ineligible to receive dividends under AS 43.23.005(d) if 30 they had been eligible, the [THE] notice requirements of (a)(3) [(a)] of this section 31 do not apply to appropriations from the dividend fund to the
01 (1) crime victim compensation fund established under AS 18.67.162 for 02 payments to crime victims; 03 (2) [, TO THE] council on domestic violence and sexual assault 04 established under AS 18.66.010 for operations of safe houses and shelters; 05 (3) Department of Public Safety for criminal investigations and 06 apprehensions; 07 (4) Department of Law for criminal prosecutions; [,] or 08 (5) [TO THE] Department of Corrections for incarceration and 09 probation programs [TO THE EXTENT THAT AMOUNTS APPROPRIATED FOR 10 A FISCAL YEAR DO NOT EXCEED THE TOTAL AMOUNT THAT WOULD 11 HAVE BEEN PAID DURING THE PREVIOUS FISCAL YEAR TO INDIVIDUALS 12 WHO ARE INELIGIBLE TO RECEIVE DIVIDENDS UNDER AS 43.23.005(d) IF 13 THEY HAD BEEN ELIGIBLE]. 14 * Sec. 4. AS 43.23.055 is amended to read: 15 Sec. 43.23.055. DUTIES OF THE DEPARTMENT. The department shall 16 (1) annually pay permanent fund dividends from the dividend fund; 17 (2) subject to AS 43.23.011 and paragraph (8) of this section, adopt 18 regulations under AS 44.62 (Administrative Procedure Act) that establish procedures 19 and time limits for claiming a permanent fund dividend; the department shall determine 20 the number of eligible applicants by October 1 of the year for which the dividend is 21 declared and pay the dividends by December 31 of that year; 22 (3) adopt regulations under AS 44.62 (Administrative Procedure Act) 23 that establish procedures and time limits for an individual upon emancipation or upon 24 reaching majority to apply for permanent fund dividends not received during minority 25 because the parent, guardian, or other authorized representative did not apply on behalf 26 of the individual; 27 (4) assist residents of the state, particularly in rural areas, who because 28 of language, disability, or inaccessibility to public transportation need assistance to 29 establish eligibility and to apply for permanent fund dividends; 30 (5) use a list of individuals ineligible for a dividend under 31 AS 43.23.005(d) provided annually by [ANNUALLY DETERMINE, IN
01 COOPERATION WITH] the Department of Corrections and the Department of 02 Public Safety to determine [,] the number and identity of those individuals 03 [INELIGIBLE FOR A PERMANENT FUND DIVIDEND UNDER AS 43.23.005(d)]; 04 (6) adopt regulations that are necessary to implement AS 43.23.005(d); 05 (7) adopt regulations that establish procedures for the parent, guardian, 06 or other authorized representative of a disabled individual to apply for prior year 07 permanent fund dividends not received by the disabled individual because no 08 application was submitted on behalf of the individual; 09 (8) adopt regulations that establish procedures for an individual to apply 10 to have a dividend warrant reissued if it is returned to the department as undeliverable 11 or it is not paid within two years of the date of its issuance; however, the department 12 may not establish a time limit within which an application to have a warrant reissued 13 must be filed[; 14 (9) REPEALED]. 15 * Sec. 5. The amendments made by sec. 2 of this Act apply only to individuals convicted 16 of offenses committed after the effective date of that bill section. Convictions for offenses 17 committed before the effective date of that bill section may not be considered in determining 18 the number of prior convictions for purposes of applying AS 43.23.005(d)(2)(B). 19 * Sec. 6. Sections 3 and 4 of this Act are retroactive to January 1, 1996. 20 * Sec. 7. Sections 1, 3, 4, and 6 of this Act take effect immediately under AS 01.10.070(c). 21 * Sec. 8. Sections 2 and 5 of this Act take effect January 1, 1997.