HCS CSSB 232(JUD): "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."
00HOUSE CS FOR CS FOR SENATE BILL NO. 232(JUD) 01 "An Act relating to permanent fund dividend program notice requirements, to 02 the ineligibility for dividends of individuals convicted of felonies or incarcerated 03 for misdemeanors, and to the determination of the number and identity of 04 certain ineligible individuals." 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 fund 11 dividend for a dividend year when 12 (1) during the calendar year immediately preceding that dividend 13 year the individual was sentenced as a result of conviction 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 43.23.005 is amended by adding a new subsection to read: 20 (g) For purposes of applying (d)(1) of this section, the date the court imposes 21 a sentence or suspends the imposition of sentence shall be treated as the date of 22 conviction. For purposes of applying (d)(2)(B) of this section, multiple convictions 23 arising out of a single criminal episode shall be treated as a single conviction and a 24 conviction for an offense in another jurisdiction with elements substantially similar to 25 elements of a misdemeanor in this state shall be included in determining the number 26 of prior convictions. 27 * Sec. 4. AS 43.23.028 is amended to read: 28 Sec. 43.23.028. PUBLIC NOTICE. (a) By October 1 of each year, the 29 commissioner shall give public notice of the value of each permanent fund dividend for 30 that year and notice of the information required to be disclosed under (3) of this 31 subsection. In addition, [. THE NOTICE AND] the stub attached to each individual
01 dividend check and direct deposit advice must [DISCLOSE THE AMOUNT] 02 (1) disclose the amount of each dividend attributable to income earned 03 by the permanent fund from deposits to that fund required under art. IX, sec. 15, 04 Constitution of the State of Alaska; 05 (2) disclose the amount of each dividend attributable to income earned 06 by the permanent fund from appropriations to that fund and from amounts added to that 07 fund to offset the effects of inflation; [AND] 08 (3) disclose the amount by which each dividend has been reduced due 09 to each appropriation from the dividend fund, including amounts to pay the costs of 10 administering the dividend program and the hold harmless provisions of AS 43.23.075; 11 (4) include a statement that an individual is not eligible for a 12 dividend when 13 (A) during the calendar year immediately preceding that 14 dividend year the individual was convicted of a felony; 15 (B) during all or part of the calendar year immediately 16 preceding that dividend year, the individual was incarcerated as a result of 17 (i) the conviction of a felony; or 18 (ii) a third or subsequent conviction of a misdemeanor; 19 (5) include a statement that the legislative purpose for making 20 individuals listed under (4) of this subsection ineligible is to 21 (A) obtain reimbursement for some of the costs imposed on 22 the state criminal justice system related to apprehension, prosecution, 23 conviction, incarceration, or probation of those individuals; 24 (B) provide funds for payments to crime victims and for the 25 operation of safe houses and shelters; 26 (6) disclose the total amount that would have been paid during the 27 previous fiscal year to individuals who were ineligible to receive dividends under 28 AS 43.23.005(d) if they had been eligible; 29 (7) disclose the total amount appropriated for the current fiscal year 30 under (b) of this section for each of the funds and agencies listed in (b) of this 31 section.
01 (b) To the extent that amounts appropriated for a fiscal year do not exceed 02 the total amount that would have been paid during the previous fiscal year to 03 individuals who were ineligible to receive dividends under AS 43.23.005(d) if they 04 had been eligible, the [THE] notice requirements of (a)(3) [(a)] of this section do not 05 apply to appropriations from the dividend fund to the 06 (1) crime victim compensation fund established under AS 18.67.162 for 07 payments to crime victims; 08 (2) [, TO THE] council on domestic violence and sexual assault 09 established under AS 18.66.010 for operations of safe houses and shelters; 10 (3) Department of Public Safety for criminal investigations and 11 apprehensions; 12 (4) Department of Law for criminal prosecutions; [,] or 13 (5) [TO THE] Department of Corrections for incarceration and 14 probation programs [TO THE EXTENT THAT AMOUNTS APPROPRIATED FOR 15 A FISCAL YEAR DO NOT EXCEED THE TOTAL AMOUNT THAT WOULD HAVE 16 BEEN PAID DURING THE PREVIOUS FISCAL YEAR TO INDIVIDUALS WHO 17 ARE INELIGIBLE TO RECEIVE DIVIDENDS UNDER AS 43.23.005(d) IF THEY 18 HAD BEEN ELIGIBLE]. 19 * Sec. 5. AS 43.23.055 is amended to read: 20 Sec. 43.23.055. DUTIES OF THE DEPARTMENT. The department shall 21 (1) annually pay permanent fund dividends from the dividend fund; 22 (2) subject to AS 43.23.011 and paragraph (8) of this section, adopt 23 regulations under AS 44.62 (Administrative Procedure Act) that establish procedures and 24 time limits for claiming a permanent fund dividend; the department shall determine the 25 number of eligible applicants by October 1 of the year for which the dividend is declared 26 and pay the dividends by December 31 of that year; 27 (3) adopt regulations under AS 44.62 (Administrative Procedure Act) that 28 establish procedures and time limits for an individual upon emancipation or upon 29 reaching majority to apply for permanent fund dividends not received during minority 30 because the parent, guardian, or other authorized representative did not apply on behalf 31 of the individual;
01 (4) assist residents of the state, particularly in rural areas, who because 02 of language, disability, or inaccessibility to public transportation need assistance to 03 establish eligibility and to apply for permanent fund dividends; 04 (5) use a list of individuals ineligible for a dividend under 05 AS 43.23.005(d) provided annually by [ANNUALLY DETERMINE, IN 06 COOPERATION WITH] the Department of Corrections and the Department of Public 07 Safety to determine [,] the number and identity of those individuals [INELIGIBLE FOR 08 A PERMANENT FUND DIVIDEND UNDER AS 43.23.005(d)]; 09 (6) adopt regulations that are necessary to implement AS 43.23.005(d); 10 (7) adopt regulations that establish procedures for the parent, guardian, 11 or other authorized representative of a disabled individual to apply for prior year 12 permanent fund dividends not received by the disabled individual because no application 13 was submitted on behalf of the individual; 14 (8) adopt regulations that establish procedures for an individual to apply 15 to have a dividend warrant reissued if it is returned to the department as undeliverable 16 or it is not paid within two years of the date of its issuance; however, the department 17 may not establish a time limit within which an application to have a warrant reissued 18 must be filed[; 19 (9) REPEALED]. 20 * Sec. 6. The amendments made by secs. 2 and 3 of this Act apply only to individuals 21 convicted of offenses committed after December 31, 1996. However, convictions for offenses 22 committed before January 1, 1997, shall be included in determining the number of prior 23 convictions for purposes of applying AS 43.23.005(d)(2)(B). 24 * Sec. 7. The amendments made by sec. 4 of this Act apply after December 31, 1996. 25 Before January 1, 1997, AS 43.23.028 shall apply as it read before the effective date of this Act.