txt

SB 58: "An Act relating to permanent fund dividend program notice requirements and to the ineligibility for permanent fund dividends of certain persons sentenced for crimes involving mandatory motor vehicle liability insurance."

00 SENATE BILL NO. 58 01 "An Act relating to permanent fund dividend program notice requirements and to the 02 ineligibility for permanent fund dividends of certain persons sentenced for crimes 03 involving mandatory motor vehicle liability insurance." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. 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 10 (A) felony; 11 (B) misdemeanor under AS 28.22.011, 28.22.021, or 12 28.22.051 involving mandatory motor vehicle liability insurance; or 13 (2) during all or part of the qualifying year, the individual was 14 incarcerated as a result of the conviction in this state of a

01 (A) felony; or 02 (B) misdemeanor if the individual has been convicted of 03 (i) a prior felony as defined in AS 11.81.900; or 04 (ii) two or more prior misdemeanors as defined in 05 AS 11.81.900; or 06 (3) during the qualifying year or the four years immediately before 07 the qualifying year, the individual was sentenced as a result of the conviction in 08 this state of a misdemeanor under AS 28.22.011, 28.22.021, or 28.22.051 involving 09 mandatory motor vehicle liability insurance if the individual has been convicted 10 of a prior misdemeanor under AS 28.22.011, 28.22.021, or 28.22.051. 11 * Sec. 2. AS 43.23.005(g) is amended to read: 12 (g) For purposes of applying (d)(1) and (d)(3) of this section, the date the 13 court imposes a sentence or suspends the imposition of sentence shall be treated as the 14 date of conviction. For purposes of applying (d)(2)(B) and (d)(3) of this section, 15 multiple convictions arising out of a single criminal episode shall be treated as a single 16 conviction. 17 * Sec. 3. AS 43.23.028(a) is amended to read: 18 (a) By October 1 of each year, the commissioner shall give public notice of 19 the value of each permanent fund dividend for that year and notice of the information 20 required to be disclosed under (3) of this subsection. In addition, the stub attached to 21 each individual dividend check and direct deposit advice must 22 (1) disclose the amount of each dividend attributable to income earned 23 by the permanent fund from deposits to that fund required under art. IX, sec. 15, 24 Constitution of the State of Alaska; 25 (2) disclose the amount of each dividend attributable to income earned 26 by the permanent fund from appropriations to that fund and from amounts added to 27 that fund to offset the effects of inflation; 28 (3) disclose the amount by which each dividend has been reduced due 29 to each appropriation from the dividend fund, including amounts to pay the costs of 30 administering the dividend program and the hold harmless provisions of 31 AS 43.23.075;

01 (4) include a statement that an individual is not eligible for a dividend 02 when 03 (A) during the qualifying year, the individual was convicted in 04 this state of a 05 (i) felony; or 06 (ii) misdemeanor under AS 28.22.011, 28.22.021, or 07 28.22.051 involving mandatory motor vehicle liability insurance; 08 (B) during all or part of the qualifying year, the individual was 09 incarcerated as a result of the conviction in this state of a 10 (i) felony; or 11 (ii) misdemeanor if the individual has been convicted of 12 a prior felony or two or more prior misdemeanors; or 13 (C) during the qualifying year or the four years 14 immediately before the qualifying year, the individual was sentenced as a 15 result of conviction in this state of a misdemeanor under AS 28.22.011, 16 28.22.021, or 28.22.051 involving mandatory motor vehicle liability 17 insurance if the individual has been convicted of a prior misdemeanor 18 under AS 28.22.011, 28.22.021, or 28.22.051; 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 the 22 state criminal justice system related to incarceration or probation of those 23 individuals; 24 (B) provide funds for services for and payments to crime 25 victims and for grants for the operation of domestic violence and sexual assault 26 programs; 27 (6) disclose the total amount that would have been paid during the 28 previous fiscal year to individuals who were ineligible to receive dividends under 29 AS 43.23.005(d) if they had been eligible; 30 (7) disclose the total amount appropriated for the current fiscal year 31 under (b) of this section for each of the funds and agencies listed in (b) of this section.

01 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 APPLICABILITY. The amendments made by secs. 1 and 2 of this Act apply only to 04 individuals convicted of misdemeanors under AS 28.22.011, 28.22.021, or 28.22.051 05 involving mandatory motor vehicle liability insurance committed after December 31, 2003. 06 Convictions for misdemeanors committed before January 1, 2004, may not be considered in 07 determining prior convictions for purposes of applying AS 43.23.005(d)(3), added by sec. 1 of 08 this Act.