CSHB 337(STA): "An Act relating to claims against permanent fund dividends to pay amounts owed to the Department of Labor and Workforce Development under the Alaska Employment Security Act and to fees for processing certain claims against permanent fund dividends; and providing for an effective date."
00CS FOR HOUSE BILL NO. 337(STA) 01 "An Act relating to claims against permanent fund dividends to pay amounts 02 owed to the Department of Labor and Workforce Development under the Alaska 03 Employment Security Act and to fees for processing certain claims against 04 permanent fund dividends; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 43.23.071 is amended to read: 07 Sec. 43.23.071. Fees for processing claims and assignments. The department 08 shall by regulation adopted under AS 44.62 (Administrative Procedure Act) establish 09 fees for processing claims on dividends received by the department under 10 AS 43.23.065 , [OR] 43.23.067 , or 43.23.072 and for processing assignments of 11 dividends received by the department under AS 43.23.069(b). The fees shall cover the 12 administrative expenses of the department associated with the claims and assignments. 13 Fees shall be deducted from the amount of the dividend remaining after payment of 14 the portion claimed or assigned , or, if the entire dividend is claimed or assigned, the
01 fees shall be deducted before the dividend is paid to the creditor or assignee. 02 * Sec. 2. AS 43.23 is amended by adding a new section to read: 03 Sec. 43.23.072. Claims for amounts owed under the Alaska Employment 04 Security Act. (a) AS 09.38 does not apply to permanent fund dividends taken by the 05 Department of Labor and Workforce Development for a claim for payment for money 06 owed under AS 23.20 (Alaska Employment Security Act). Notwithstanding AS 09.35, 07 execution on a dividend claimed under this section is accomplished by delivering a 08 certified claim to the Department of Revenue containing the following information: 09 (1) the name and social security number of the individual whose 10 dividend is being claimed; if the Department of Labor and Workforce Development 11 does not have access to the individual's social security number for this purpose, the 12 department may supply other identification information authorized under regulations 13 to make a claim under AS 43.23.065; 14 (2) the amount the individual owes on the claim for payment; 15 (3) a statement that 16 (A) the Department of Labor and Workforce Development has 17 notified the individual that future permanent fund dividends of the individual 18 will be taken to satisfy the claim for payment; 19 (B) the individual was notified of the right to request a hearing 20 and allowed at least 30 days after the date of the notice described in (A) of this 21 paragraph to request the Department of Labor and Workforce Development to 22 hold a hearing on the claim; 23 (C) the claim for payment has not been contested, or, if 24 contested, the issue has been resolved in favor of the Department of Labor and 25 Workforce Development; and 26 (D) if the claim for payment has been contested and resolved 27 in favor of the Department of Labor and Workforce Development, an appeal 28 is not pending, the time limit for filing an appeal has expired, or the appeal has 29 been resolved in favor of the department. 30 (b) If a permanent fund dividend is claimed under (a) of this section, the 31 Department of Labor and Workforce Development shall, before submitting a claim for
01 payment under this section, notify the individual. The notice shall be sent to the 02 mailing address provided in the individual's permanent fund dividend application and 03 must provide the following information: 04 (1) the amount of the claim for payment; 05 (2) notice that the permanent fund dividend, or that portion of the 06 permanent fund dividend that does not exceed the amount of the claim for payment, 07 shall be paid to the Department of Labor and Workforce Development in accordance 08 with priorities established in state law; 09 (3) notice that the individual has a right to request a hearing and has 10 a specific time after the date that the notice is mailed in which to file with the 11 Department of Labor and Workforce Development an objection to paying the claim 12 from the individual's permanent fund dividend. 13 (c) Except as provided in (d) of this section, AS 44.62.330 - 44.62.630 apply 14 to a hearing requested by an individual under (b) of this section. The hearing 15 (1) is limited to issues of identity of the individual and whether an 16 amount is still owing in the claim for payment; and 17 (2) may be conducted telephonically or in writing. 18 (d) If the Department of Labor and Workforce Development has a notification 19 or hearing procedure established in statute or regulation, the department may instead 20 use that notification and hearing procedure so long as 21 (1) the procedure provides at least the minimum time for notice 22 specified in (a)(3)(B) of this section for the individual to request a hearing; 23 (2) the notice includes the statements required by (b) of this section; 24 and 25 (3) the hearing is limited to the issues specified in (c)(1) of this section. 26 (e) The Department of Labor and Workforce Development may adopt 27 regulations to implement or interpret this section under AS 44.62 (Administrative 28 Procedure Act). 29 (f) In a claim for payment under this section, the Department of Labor and 30 Workforce Development may include fines, penalties, overpayments, attorney fees, 31 costs, and other amounts owed the department under other provisions of state law
01 under which the claim for payment is being made. 02 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section 03 to read: 04 TRANSITION: REGULATIONS. Notwithstanding sec. 5 of this Act, the Department 05 of Labor and Workforce Development may proceed to adopt regulations necessary to interpret 06 or implement secs. 1 and 2 of this Act. The regulations take effect under AS 44.62 07 (Administrative Procedure Act), but not before the effective date of secs. 1 and 2 of this Act. 08 * Sec. 4. Section 3 of this Act takes effect immediately under AS 01.10.070(c). 09 * Sec. 5. Sections 1 and 2 of this Act take effect January 1, 2001.