SB 59: "An Act relating to permanent fund dividend program notice requirements and to the ineligibility for permanent fund dividends of certain persons sentenced for driving while under the influence of an alcoholic beverage, inhalant, or controlled substance, or for refusal to submit to a chemical test."
00 SENATE BILL NO. 59 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 driving while 03 under the influence of an alcoholic beverage, inhalant, or controlled substance, or for 04 refusal to submit to a chemical test." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 43.23.005(d) is amended to read: 07 (d) Notwithstanding the provisions of (a) - (c) of this section, an individual is 08 not eligible for a permanent fund dividend for a dividend year when 09 (1) during the qualifying year, the individual was sentenced as a result 10 of conviction in this state of 11 (A) a felony; 12 (B) the crime of driving while under the influence of an 13 alcoholic beverage, inhalant, or controlled substance under AS 28.35.030; 14 or
01 (C) the crime of refusal to submit to a chemical test under 02 AS 28.35.032; 03 (2) during all or part of the qualifying year, the individual was 04 incarcerated as a result of the conviction in this state of a 05 (A) felony; or 06 (B) misdemeanor if the individual has been convicted of 07 (i) a prior felony as defined in AS 11.81.900; or 08 (ii) two or more prior misdemeanors as defined in 09 AS 11.81.900; or 10 (3) during the qualifying year or the four years immediately before 11 that qualifying year, the individual was sentenced as a result of conviction in this 12 state of the crime of 13 (A) driving while under the influence of an alcoholic 14 beverage, inhalant, or controlled substance under AS 28.35.030 if the 15 individual has been convicted of a prior crime under AS 28.35.030 or 16 28.35.032; or 17 (B) refusal to submit to a chemical test under AS 28.35.032 18 if the individual has been convicted of a prior crime under AS 28.35.030 19 or 28.35.032. 20 * Sec. 2. AS 43.23.005(g) is amended to read: 21 (g) For purposes of applying (d)(1) and (d)(3) of this section, the date the 22 court imposes a sentence or suspends the imposition of sentence shall be treated as the 23 date of conviction. For purposes of applying (d)(2)(B) and (d)(3) of this section, 24 multiple convictions arising out of a single criminal episode shall be treated as a single 25 conviction. 26 * Sec. 3. AS 43.23.028(a) is amended to read: 27 (a) By October 1 of each year, the commissioner shall give public notice of 28 the value of each permanent fund dividend for that year and notice of the information 29 required to be disclosed under (3) of this subsection. In addition, the stub attached to 30 each individual dividend check and direct deposit advice must 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 05 that fund to offset the effects of inflation; 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 09 AS 43.23.075; 10 (4) include a statement that an individual is not eligible for a dividend 11 when 12 (A) during the qualifying year, the individual was convicted in 13 this state of 14 (i) a felony; 15 (ii) the crime of driving while under the influence of 16 an alcoholic beverage, inhalant, or controlled substance under 17 AS 28.35.030; or 18 (iii) the crime of refusal to submit to a chemical test 19 under AS 28.35.032; 20 (B) during all or part of the qualifying year, the individual was 21 incarcerated as a result of the conviction in this state of a 22 (i) felony; or 23 (ii) misdemeanor if the individual has been convicted of 24 a prior felony or two or more prior misdemeanors; or 25 (C) during the qualifying year or the four years 26 immediately before that qualifying year, the individual was sentenced as a 27 result of conviction in this state of the crime of 28 (i) driving while under the influence of an alcoholic 29 beverage, inhalant, or controlled substance under AS 28.35.030 if 30 the individual has been convicted of a prior crime under 31 AS 28.35.030 or 28.35.032;
01 (ii) refusal to submit to a chemical test under 02 AS 28.35.032 if the individual has been convicted of a prior crime 03 under AS 28.35.030 or 28.35.032; 04 (5) include a statement that the legislative purpose for making 05 individuals listed under (4) of this subsection ineligible is to 06 (A) obtain reimbursement for some of the costs imposed on the 07 state criminal justice system related to incarceration or probation of those 08 individuals; 09 (B) provide funds for services for and payments to crime 10 victims and for grants for the operation of domestic violence and sexual assault 11 programs; 12 (6) disclose the total amount that would have been paid during the 13 previous fiscal year to individuals who were ineligible to receive dividends under 14 AS 43.23.005(d) if they had been eligible; 15 (7) disclose the total amount appropriated for the current fiscal year 16 under (b) of this section for each of the funds and agencies listed in (b) of this section. 17 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 APPLICABILITY. The amendments made by secs. 1 and 2 of this Act apply only to 20 individuals convicted of crimes under AS 28.35.030 or 28.35.032 committed after 21 December 31, 2003. Convictions for crimes committed before January 1, 2004, may not be 22 considered in determining prior convictions for purposes of applying AS 43.23.005(d)(3), 23 added by sec. 1 of this Act.