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SB 104: "An Act relating to the crime of misrepresenting permanent fund dividend eligibility; requiring the establishment of a permanent fund dividend fraud investigation unit in the Department of Revenue; and providing for an effective date."

00                             SENATE BILL NO. 104                                                                         
01 "An Act relating to the crime of misrepresenting permanent fund dividend eligibility;                                   
02 requiring the establishment of a permanent fund dividend fraud investigation unit in the                                
03 Department of Revenue; and providing for an effective date."                                                            
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 11.56.210(a) is amended to read:                                                                  
06            (a)  A person commits the crime of unsworn falsification if, under                                       
07       circumstances not proscribed under AS 11.56.225, with the intent to mislead a                                 
08       public servant in the performance of a duty, the person submits a false written or                                
09       recorded statement that [WHICH] the person does not believe to be true                                        
10                 (1)  in an application for a benefit; or                                                                
11                 (2)  on a form bearing notice, authorized by law, that false statements                                 
12       made in it are punishable.                                                                                        
13    * Sec. 2.  AS 11.56 is amended by adding a new section to read:                                                    
14            Sec. 11.56.225.  Misrepresenting permanent fund dividend eligibility.  (a)                                 
01       A person commits the crime of misrepresenting permanent fund dividend eligibility if                              
02       the person                                                                                                        
03                 (1)  submits an application for a permanent fund dividend for that                                      
04       person or for another person for a dividend year knowing that the person or other                                 
05       person is not eligible to receive;                                                                                
06                 (2)  makes a statement in an application for a permanent fund dividend                                  
07       and the person would have violated AS 11.56.210 if the statement were not an                                      
08       application for a permanent fund dividend; or                                                                     
09                 (3)  makes a false written, recorded, or oral statement that the person                                 
10       does not believe to be true to a public employee with intent to mislead about a person's                          
11       eligibility for a permanent fund dividend.                                                                        
12            (b)  In this section,                                                                                        
13                 (1)  "application for a permanent fund dividend" includes a written or                                  
14       electronic application, and any other documentation submitted to support an                                       
15       application for permanent fund dividend;                                                                          
16                 (2)  "permanent fund dividend" has the meaning given in                                                 
17       AS 43.23.095.                                                                                                     
18            (c)  Misrepresenting permanent fund dividend eligibility is a class C felony.                                
19    * Sec. 3.  AS 43.23.055 is amended by adding a new paragraph to read:                                              
20                 (10)  establish a fraud investigation unit for the purpose of assisting the                             
21                      (A)  Department of Law in the prosecution of individuals who                                       
22            apply for or obtain a permanent fund dividend in violation of a provision in                                 
23            AS 11, by detecting and investigating those crimes; and                                                      
24                      (B)  commissioner to detect and investigate the claiming or                                        
25            paying of permanent fund dividends that should not have been claimed by or                                   
26            paid to an individual and to impose the penalties and enforcement provisions                                 
27            under AS 43.23.035.                                                                                          
28    * Sec. 4.  This Act takes effect July 1, 2005.