CSSB 254(L&C): "An Act relating to the exemption from levy, execution, garnishment, attachment, or other remedy for the collection of debt as applied to a permanent fund dividend, and to the fee for processing a claim on a dividend."
00CS FOR SENATE BILL NO. 254(L&C) 01 "An Act relating to the exemption from levy, execution, garnishment, attachment, 02 or other remedy for the collection of debt as applied to a permanent fund 03 dividend, and to the fee for processing a claim on a dividend." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 43.23.065(a) is amended to read: 06 (a) Except as provided in (b) of this section, 30 [45] percent of the annual 07 permanent fund dividend payable to an individual is exempt from levy, execution, 08 garnishment, attachment, or any other remedy for the collection of debt. [THIS 09 EXEMPTION APPLIES TO AN ELIGIBLE INDIVIDUAL'S PERMANENT FUND 10 DIVIDEND BOTH BEFORE AND AFTER PAYMENT IS MADE TO THE 11 INDIVIDUAL.] No other exemption applies to a dividend. Notwithstanding other 12 laws, a writ of execution upon a dividend that has not been delivered to the debtor 13 may be served on the commissioner by certified mail, return receipt requested. Upon 14 receipt of a writ by certified mail, return receipt requested, the commissioner shall
01 deliver that portion of the dividend executed upon to the court along with the case 02 name and number. 03 * Sec. 2. AS 43.23.071 is amended to read: 04 Sec. 43.23.071. Fees for processing claims and assignments. The department 05 shall by regulation adopted under AS 44.62 (Administrative Procedure Act) establish 06 fees [FOR PROCESSING CLAIMS ON DIVIDENDS RECEIVED BY THE 07 DEPARTMENT UNDER AS 43.23.065 OR 43.23.067 AND] for processing 08 assignments of dividends received by the department under AS 43.23.069(b). The fees 09 shall cover the administrative expenses of the department associated with the 10 [CLAIMS AND] assignments. Fees shall be deducted from the amount of the dividend 11 remaining after payment of the portion [CLAIMED OR] assigned or, if the entire 12 dividend is [CLAIMED OR] assigned, the fees shall be deducted before the dividend 13 is paid to the [CREDITOR OR] assignee. 14 * Sec. 3. AS 43.23.071 is amended by adding a new subsection to read: 15 (b) To cover the administrative expenses of the department, the court system, 16 and other state agencies for processing a claim on a permanent fund dividend under 17 AS 43.23.065 - 43.23.068, the fee for processing the claim is five percent of the 18 dividend. The fee shall be deducted from the amount of the dividend remaining after 19 payment of the portion claimed, or, if the entire dividend is claimed, the fee shall be 20 deducted before the dividend is paid to the creditor. The fee shall be deposited into 21 the general fund.