00                      CS FOR SENATE BILL NO. 59(JUD)                                                                    
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(g) is amended to read:                                                                  
07            (g)  For purposes of applying (d)(1) and (i) of this section, the date the court                         
08       imposes a sentence or suspends the imposition of sentence shall be treated as the date                            
09       of conviction.  For purposes of applying (d)(2)(B) and (i)(2) of this section, multiple                       
10       convictions arising out of a single criminal episode shall be treated as a single                                 
11       conviction.                                                                                                       
12    * Sec. 2.  AS 43.23.005 is amended by adding a new subsection to read:                                             
13            (i)  Notwithstanding the provisions of (a) - (c) of this section, an individual is                           
14       not eligible for a permanent fund dividend for a dividend year when,                                              

01                 (1)  during the qualifying year, the individual was sentenced as a result                               
02       of conviction in this state of the offense of                                                                     
03                      (A)  driving while under the influence of an alcoholic beverage,                                   
04            inhalant, or controlled substance under AS 28.35.030 or under a municipal                                    
05            ordinance with similar elements; or                                                                          
06                      (B)  refusal to submit to a chemical test under AS 28.35.032 or                                    
07            under a municipal ordinance with similar elements; or                                                        
08                 (2)  during the qualifying year or the four years immediately before that                               
09       qualifying year, the individual was sentenced as a result of conviction in this state of                          
10       the offense of                                                                                                    
11                      (A)  driving while under the influence of an alcoholic beverage,                                   
12            inhalant, or controlled substance under AS 28.35.030 or under a municipal                                    
13            ordinance with similar elements if the individual has been convicted of a prior                              
14            offense under AS 28.35.030 or 28.35.032, or under a municipal ordinance with                                 
15            elements similar to AS 28.35.030 or 28.35.032; or                                                            
16                      (B)  refusal to submit to a chemical test under AS 28.35.032 or                                    
17            under a municipal ordinance with similar elements if the individual has been                                 
18            convicted of a prior offense under AS 28.35.030 or 28.35.032, or under a                                     
19            municipal ordinance with elements similar to AS 28.35.030 or 28.35.032.                                      
20    * Sec. 3.  AS 43.23.028(a) is amended to read:                                                                     
21            (a)  By October 1 of each year, the commissioner shall give public notice of                                 
22       the value of each permanent fund dividend for that year and notice of the information                             
23       required to be disclosed under (3) of this subsection.  In addition, the stub attached to                         
24       each individual dividend check and direct deposit advice must                                                     
25                 (1)  disclose the amount of each dividend attributable to income earned                                 
26       by the permanent fund from deposits to that fund required under art. IX, sec. 15,                                 
27       Constitution of the State of Alaska;                                                                              
28                 (2)  disclose the amount of each dividend attributable to income earned                                 
29       by the permanent fund from appropriations to that fund and from amounts added to                                  
30       that fund to offset the effects of inflation;                                                                     
31                 (3)  disclose the amount by which each dividend has been reduced due                                    

01       to each appropriation from the dividend fund, including amounts to pay the costs of                               
02       administering the dividend program and the hold harmless provisions of                                            
03       AS 43.23.075;                                                                                                     
04                 (4)  include a statement that an individual is not eligible for a dividend                              
05       when,                                                                                                         
06                      (A)  during the qualifying year, the individual was convicted in                               
07            this state of                                                                                            
08                           (i)  a felony;                                                                            
09                           (ii)  the offense of driving while under the influence                                    
10                 of an alcoholic beverage, inhalant, or controlled substance under                                   
11                 AS 28.35.030 or under a municipal ordinance with similar                                            
12                 elements; or                                                                                        
13                           (iii)  the offense of refusal to submit to a chemical test                                
14                 under AS 28.35.032 or under a municipal ordinance with similar                                      
15                 elements;                                                                                           
16                      (B)  during all or part of the qualifying year, the individual was                                 
17            incarcerated as a result of the conviction in this state of a                                            
18                           (i)  felony; or                                                                               
19                           (ii)  misdemeanor if the individual has been convicted of                                     
20                 a prior felony or two or more prior misdemeanors; or                                                
21                      (C)  during the qualifying year or the four years                                              
22            immediately before that qualifying year, the individual was sentenced as a                               
23            result of conviction in this state of the offense of                                                     
24                           (i)  driving while under the influence of an alcoholic                                    
25                 beverage, inhalant, or controlled substance under AS 28.35.030 or                                   
26                 under a municipal ordinance with similar elements if the individual                                 
27                 has been convicted of a prior offense under AS 28.35.030 or                                         
28                 28.35.032, or under a municipal ordinance with elements similar to                                  
29                 AS 28.35.030 or 28.35.032;                                                                          
30                           (ii)  refusal to submit to a chemical test under                                          
31                 AS 28.35.032 or under a municipal ordinance  with similar                                           

01                 elements if the individual has been convicted of a prior offense                                    
02                 under AS 28.35.030 or  28.35.032, or a municipal ordinance with                                     
03                 elements similar to AS 28.35.030 or 20.35.032;                                                      
04                 (5)  include a statement that the legislative purpose for making certain                            
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 offenses under AS 28.35.030 or 28.35.032, or under a municipal                                 
21 ordinance with elements similar to AS 28.35.030 or 28.35.032, committed after December 31,                              
22 2003.  Convictions for offenses committed before January 1, 2004, may not be considered in                              
23 determining prior convictions for purposes of applying AS 43.23.005(i)(2), added by sec. 2 of                           
24 this Act.