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."
00HOUSE 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.