CSSB 338(FIN): "An Act making certain individuals convicted of crimes ineligible for permanent fund dividends; relating to appropriations from the dividend fund; to certain payments of compensation from the crime victim compensation fund; to state aid for certain obligees with child support arrearages; and providing for an effective date."
00 CS FOR SENATE BILL NO. 338(FIN) 01 "An Act making certain individuals convicted of crimes ineligible for permanent fund 02 dividends; relating to appropriations from the dividend fund; to certain payments of 03 compensation from the crime victim compensation fund; to state aid for certain obligees 04 with child support arrearages; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 18.67.080 is amended by adding a new subsection to read: 07 (e) The amount appropriated during a year to the crime victim compensation 08 fund from the dividend fund that is not subject to the public notice requirements of 09 AS 43.23.028(a) shall be used first for the payment of compensation for victims of 10 individuals who appear on the list of individuals ineligible for a dividend that is 11 prepared for that year under AS 43.23.055(5). Notwithstanding AS 18.67.070, in 12 determining the amount of compensation for a victim of an individual who appears on 13 the list prepared under AS 43.23.055(5), the board shall consider the amount of any 14 civil judgment or order of restitution that requires the individual to pay for damages to
01 the victim. Compensation paid to a victim under this subsection may not be 02 considered for purposes of applying AS 18.67.130(c). 03 * Sec. 2. AS 25.27.120(a) is amended to read: 04 (a) An obligor is liable to the state in the amount of assistance granted under 05 AS 25.27.400, AS 47.07, and AS 47.27 to a child to whom the obligor owes a duty of 06 support except that, if a support order has been entered, the liability of the obligor for 07 assistance granted under AS 47.27 may not exceed the amount of support provided for 08 in the support order, and, if a medical order of support has been entered, the liability of 09 the obligor for assistance granted under AS 47.07 may not exceed the amount of 10 support provided for in the medical order of support. 11 * Sec. 3. AS 25.27.130(c) is amended to read: 12 (c) The recovery of any amount for which the obligor is liable that exceeds the 13 total assistance granted under AS 25.27.400, AS 47.07, and AS 47.27 shall be paid to 14 the obligee. 15 * Sec. 4. AS 25.27.130(e) is amended to read: 16 (e) After payment to the obligee under (d) of this section, the state may retain 17 an amount not to exceed the total unreimbursed assistance paid on behalf of the 18 obligee under AS 25.27.400, AS 47.07, or AS 47.27. 19 * Sec. 5. AS 25.27.130(f) is amended to read: 20 (f) Notwithstanding (d) of this section, the state shall, if required under federal 21 law or regulations, distribute amounts recovered through offset of the obligor's federal 22 tax refund as past due support with first distribution to the state for unpaid support 23 assigned to the state under AS 47.07.025 and AS 47.27.040, and for reimbursement 24 of payments under AS 25.27.400. 25 * Sec. 6. AS 25.27 is amended by adding a new section to read: 26 Sec. 25.27.400. State aid for child support arrearages. (a) The amount 27 appropriated during a fiscal year to the agency from the dividend fund that is not 28 subject to the public notice requirements of AS 43.23.028(a) shall be paid by the 29 agency as aid to obligees for whom the agency is enforcing a duty of child support. A 30 payment under this section may be made only to an obligee to whom an arrearage is 31 owed who, during the previous fiscal year, has not received from the agency a child
01 support payment or payment under this section. 02 (b) The agency shall adopt regulations to implement the program of state aid 03 under this section. The regulations may establish additional eligibility requirements 04 and terms for payments. 05 * Sec. 7. AS 43.23.005(d) is amended to read: 06 (d) Notwithstanding the provisions of (a) - (c) of this section, an individual is 07 not eligible for a permanent fund dividend for a dividend year when 08 (1) during the qualifying year, the individual was sentenced as a result 09 of conviction in this state of a felony or misdemeanor and the judgment has not 10 been reversed or vacated; 11 (2) during all or part of the qualifying year, the individual was 12 incarcerated as a result of the conviction in this state of a 13 [(A)] felony and the judgment has not been reversed or 14 vacated [;] or 15 [(B)] misdemeanor and the judgment has not been reversed 16 or vacated; 17 (3) before or during the qualifying year, the individual was 18 sentenced as a result of conviction in this state of an unclassified felony described 19 in AS 11 and the judgment has not been reversed or vacated; 20 (4) during the 19 years immediately before the qualifying year, the 21 individual was incarcerated as a result of the conviction in this state of a felony 22 under AS 11.41 or of a felony under AS 11.46.480(a)(3) and the judgment has not 23 been reversed or vacated; 24 (5) except as provided in (3) and (4) of this subsection, during the 25 nine years immediately before the qualifying year, the individual was 26 incarcerated as a result of the conviction in this state of a felony and the 27 judgment has not been reversed or vacated; or 28 (6) during the four years immediately before the qualifying year, 29 the individual was incarcerated as a result of the conviction in this state of a 30 misdemeanor under AS 11.41 and the judgment has not been reversed or vacated 31 [IF THE INDIVIDUAL HAS BEEN CONVICTED OF
01 (i) A PRIOR FELONY AS DEFINED IN 02 AS 11.81.900; OR 03 (ii) TWO OR MORE PRIOR MISDEMEANORS AS 04 DEFINED IN AS 11.81.900]. 05 * Sec. 8. AS 43.23.005(g) is amended to read: 06 (g) For purposes of applying (d) [(d)(1)] of this section, the date the court 07 imposes a sentence or suspends the imposition of sentence shall be treated as the date 08 of conviction. [FOR PURPOSES OF APPLYING (d)(2)(B) OF THIS SECTION, 09 MULTIPLE CONVICTIONS ARISING OUT OF A SINGLE CRIMINAL EPISODE 10 SHALL BE TREATED AS A SINGLE CONVICTION.] 11 * Sec. 9. AS 43.23.028 is amended to read: 12 Sec. 43.23.028. Public notice. (a) By October 1 of each year, the 13 commissioner shall give public notice of the value of each permanent fund dividend 14 for that year and notice of the information required to be disclosed under (3) of this 15 subsection. In addition, the stub attached to each individual dividend check and direct 16 deposit advice must 17 (1) disclose the amount of each dividend attributable to income earned 18 by the permanent fund from deposits to that fund required under art. IX, sec. 15, 19 Constitution of the State of Alaska; 20 (2) disclose the amount of each dividend attributable to income earned 21 by the permanent fund from appropriations to that fund and from amounts added to 22 that fund to offset the effects of inflation; 23 (3) disclose the amount by which each dividend has been reduced due 24 to each appropriation from the dividend fund, including amounts to pay the costs of 25 administering the dividend program and the hold harmless provisions of 26 AS 43.23.075; 27 (4) include a statement listing the circumstances under which 28 [THAT] an individual is not eligible for a dividend under AS 43.23.005(d) [WHEN 29 (A) DURING THE QUALIFYING YEAR, THE 30 INDIVIDUAL WAS CONVICTED OF A FELONY; 31 (B) DURING ALL OR PART OF THE QUALIFYING YEAR,
01 THE INDIVIDUAL WAS INCARCERATED AS A RESULT OF THE 02 CONVICTION OF A 03 (i) FELONY; OR 04 (ii) MISDEMEANOR IF THE INDIVIDUAL HAS 05 BEEN CONVICTED OF A PRIOR FELONY OR TWO OR MORE 06 PRIOR MISDEMEANORS]; 07 (5) include a statement that the legislative purpose for making 08 individuals listed under (4) of this subsection ineligible is to 09 (A) obtain reimbursement for some of the costs imposed on the 10 state criminal justice system related to incarceration or probation of those 11 individuals; 12 (B) provide funds for services for and payments to crime 13 victims and for grants for the operation of domestic violence and sexual assault 14 programs; 15 (6) disclose the total amount that would have been paid during the 16 previous fiscal year to individuals who were ineligible to receive dividends under 17 AS 43.23.005(d) if they had been eligible; 18 (7) disclose the total amount appropriated for the current fiscal year 19 under (b) of this section for each of the funds and agencies listed in (b) of this section. 20 (b) To the extent that the amounts appropriated for a fiscal year, when added 21 to amounts appropriated under (c) of this section, do not exceed the total amount 22 that would have been paid during the previous fiscal year to individuals who were 23 ineligible to receive dividends under AS 43.23.005(d) if they had been eligible, the 24 notice requirements of (a)(3) of this section do not apply to appropriations from the 25 dividend fund to 26 (1) the crime victim compensation fund established under 27 AS 18.67.162 for payments to crime victims; 28 (2) the council on domestic violence and sexual assault established 29 under AS 18.66.010 for grants for the operation of domestic violence and sexual 30 assault programs; 31 (3) the Department of Corrections for incarceration and probation
01 programs; 02 (4) the office of victims' rights; or 03 (5) nonprofit victims' rights organizations for grants for services to 04 crime victims. 05 * Sec. 10. AS 43.23.028 is amended by adding a new subsection to read: 06 (c) To the extent that the amounts appropriated for a fiscal year do not exceed 07 the total amount that would have been paid during the previous fiscal year to 08 individuals in arrears on child support payments who were ineligible to receive 09 dividends under AS 43.23.005(d) if they had been eligible, the notice requirements of 10 (a)(3) of this section do not apply to appropriations from the dividend fund to the child 11 support enforcement agency for payments under AS 25.27.400. 12 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 APPLICABILITY. The amendments to AS 43.23.005(d) and (g) in secs. 7 and 8 of 15 this Act apply only to individuals convicted of crimes committed after December 31, 2002. 16 AS 43.23.005(d) and (g) as they read on the day before the effective date of the amendments 17 in secs. 7 and 8 of this Act apply to individuals convicted of crimes committed before 18 December 31, 2002. 19 * Sec. 12. This Act takes effect January 1, 2003.