txt

HCS CSSB 232(FIN) AM H: "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."

00 HOUSE CS FOR CS FOR SENATE BILL NO. 232(FIN) am H                                                                       
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 incarceration or probation of  individuals convicted of a felony and                          
10 individuals who are chronic offenders as demonstrated by their being incarcerated as a result of                        
11 a misdemeanor conviction after having been convicted of two or more prior crimes;                                       
12   (2)  ensure the public is advised about the ineligibility for dividends under                                         
13 AS 43.23.005(d), the reasons for making individuals ineligible under that subsection, and the                           
14 purposes for which the state has appropriated the money that would otherwise have been paid                             
01 to those ineligible individuals;                                                                                        
02   (3)  clarify what the funds appropriated to certain agencies listed under                                             
03 AS 43.23.028(b) may be used for if the appropriations are to be exempt from the notice                                  
04 requirement; and                                                                                                        
05   (4)  obtain another source of funding for the state agencies listed in                                                
06 AS 43.23.028(b).                                                                                                        
07    * Sec. 2.  AS 43.23.005(d) is amended to read:                                                                       
08  (d)  Notwithstanding the provisions of (a) - (c) of this section, an individual                                       
09 [WHO HAS BEEN CONVICTED OF A FELONY] is not eligible for a permanent fund                                               
10 dividend for a dividend year when                                                                                     
11   (1)  during the calendar year immediately preceding that dividend                                                   
12 year the individual was sentenced as a result of conviction in this state of a felony;                                  
13   (2)  [,] during all or part of the [PREVIOUS] calendar year immediately                                            
14 preceding that dividend year, the individual was incarcerated [,] as a result of the                                   
15 conviction in this state of a                                                                                         
16   (A)  felony; or                                                                                                    
17   (B)  misdemeanor if the individual has been convicted of two                                                        
18 or more prior crimes as defined in AS 11.81.900 [THE INDIVIDUAL IS                                                     
19 INCARCERATED].                                                                                                          
20    * Sec. 3.  AS 43.23.005 is amended by adding a new subsection to read:                                               
21  (g)  For purposes of applying (d)(1) of this section, the date the court imposes                                      
22 a sentence or suspends the imposition of sentence shall be treated as the date of                                       
23 conviction.   For purposes of applying (d)(2)(B) of this section, multiple convictions                                  
24 arising out of a single criminal episode shall be treated as a single conviction.                                       
25    * Sec. 4.  AS 43.23.028 is amended to read:                                                                          
26  Sec. 43.23.028.  PUBLIC NOTICE.  (a)  By October 1 of each year, the                                                
27 commissioner shall give public notice of the value of each permanent fund dividend for                                  
28 that year and notice of the information required to be disclosed under (3) of this                                     
29 subsection.  In addition, [.  THE NOTICE AND] the stub attached to each individual                                     
30 dividend check and direct deposit advice must [DISCLOSE THE AMOUNT]                                                   
31   (1)  disclose the amount of each dividend attributable to income earned                                            
01 by the permanent fund from deposits to that fund required under art. IX, sec. 15,                                       
02 Constitution of the State of Alaska;                                                                                    
03   (2)  disclose the amount of each dividend attributable to income earned                                            
04 by the permanent fund from appropriations to that fund and from amounts added to that                                   
05 fund to offset the effects of inflation; [AND]                                                                          
06   (3)  disclose the amount by which each dividend has been reduced due                                               
07 to each appropriation from the dividend fund, including amounts to pay the costs of                                     
08 administering the dividend program and the hold harmless provisions of AS 43.23.075;                                 
09   (4)  include a statement that an individual is not eligible for a                                                    
10 dividend when                                                                                                           
11   (A)  during the calendar year immediately preceding that                                                            
12 dividend year the individual was convicted of a felony;                                                                 
13   (B)  during all or part of the calendar year immediately                                                            
14 preceding that dividend year, the individual was incarcerated as a result of                                            
15 the conviction of a                                                                                                     
16   (i)  felony; or                                                                                                    
17   (ii)  misdemeanor if the individual has been convicted                                                             
18 of two or more prior crimes;                                                                                            
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 incarceration or probation of                                              
23 those individuals;                                                                                                    
24   (B)  provide funds for payments to crime victims and for                                                            
25 grants for the operation of domestic violence and sexual assault programs;                                              
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 grants for the operation of domestic violence and                                   
10 sexual assault programs; [,] or                                                                                        
11   (3)  [TO THE] Department of Corrections for incarceration and                                                     
12 probation programs [TO THE EXTENT THAT AMOUNTS APPROPRIATED FOR                                                        
13 A FISCAL YEAR DO NOT EXCEED THE TOTAL AMOUNT THAT WOULD HAVE                                                            
14 BEEN PAID DURING THE PREVIOUS FISCAL YEAR TO INDIVIDUALS WHO                                                            
15 ARE INELIGIBLE TO RECEIVE DIVIDENDS UNDER AS 43.23.005(d) IF THEY                                                       
16 HAD BEEN ELIGIBLE].                                                                                                     
17    * Sec. 5.  AS 43.23.055 is amended to read:                                                                          
18  Sec. 43.23.055.  DUTIES OF THE DEPARTMENT.  The department shall                                                      
19   (1)  annually pay permanent fund dividends from the dividend fund;                                                   
20   (2)  subject to AS 43.23.011 and paragraph (8) of this section, adopt                                                
21 regulations under AS 44.62 (Administrative Procedure Act) that establish procedures and                                 
22 time limits for claiming a permanent fund dividend; the department shall determine the                                  
23 number of eligible applicants by October 1 of the year for which the dividend is declared                               
24 and pay the dividends by December 31 of that year;                                                                      
25   (3)  adopt regulations under AS 44.62 (Administrative Procedure Act) that                                            
26 establish procedures and time limits for an individual upon emancipation or upon                                        
27 reaching majority to apply for permanent fund dividends not received during minority                                    
28 because the parent, guardian, or other authorized representative did not apply on behalf                                
29 of the individual;                                                                                                      
30   (4)  assist residents of the state, particularly in rural areas, who because                                         
31 of language, disability, or inaccessibility to public transportation need assistance to                                 
01 establish eligibility and to apply for permanent fund dividends;                                                        
02   (5)  use a list of individuals ineligible for a dividend under                                                      
03 AS 43.23.005(d) provided annually by [ANNUALLY DETERMINE, IN                                                           
04 COOPERATION WITH] the Department of Corrections and the Department of Public                                           
05 Safety to determine [,] the number and identity of those individuals [INELIGIBLE FOR                                 
06 A PERMANENT FUND DIVIDEND UNDER AS 43.23.005(d)];                                                                       
07   (6)  adopt regulations that are necessary to implement AS 43.23.005(d);                                              
08   (7)  adopt regulations that establish procedures for the parent, guardian,                                           
09 or other authorized representative of a disabled individual to apply for prior year                                     
10 permanent fund dividends not received by the disabled individual because no application                                 
11 was submitted on behalf of the individual;                                                                              
12   (8)  adopt regulations that establish procedures for an individual to apply                                          
13 to have a dividend warrant reissued if it is returned to the department as undeliverable                                
14 or it is not paid within two years of the date of its issuance; however, the department                                 
15 may not establish a time limit within which an application to have a warrant reissued                                   
16 must be filed[;                                                                                                         
17    (9)  REPEALED].                                                                                                     
18    * Sec. 6.  The amendments made by secs. 2 and 3 of this Act apply only to individuals                                
19 convicted of crimes committed after December 31, 1996.  Convictions for crimes committed                                
20 before January 1, 1997, may not be considered in determining the number of prior convictions                            
21 for purposes of applying AS 43.23.005(d)(2)(B).                                                                         
22    * Sec. 7.  The amendments made by sec. 4 of this Act apply after December 31, 1996.                                  
23 Before January 1, 1997, AS 43.23.028 shall apply as it read before the effective date of this Act.