HB 366 am: "An Act relating to an exemption from public disclosure of certain appropriations from the dividend fund; relating to execution upon permanent fund dividends by civilian process servers using electronic procedures; amending Rule 89, Alaska Rules of Civil Procedure; and providing for an effective date."
00 HOUSE BILL NO. 366 am 01 "An Act relating to an exemption from public disclosure of certain appropriations from 02 the dividend fund; relating to execution upon permanent fund dividends by civilian 03 process servers using electronic procedures; amending Rule 89, Alaska Rules of Civil 04 Procedure; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 43.23.028(b) is amended to read: 07 (b) To the extent that amounts appropriated for a fiscal year do not exceed the 08 total amount that would have been paid during the previous fiscal year to individuals 09 who were ineligible to receive dividends under AS 43.23.005(d) if they had been 10 eligible, the notice requirements of (a)(3) of this section do not apply to appropriations 11 from the dividend fund to 12 (1) the crime victim compensation fund established under 13 AS 18.67.162 for payments to crime victims; 14 (2) the council on domestic violence and sexual assault established
01 under AS 18.66.010 for grants for the operation of domestic violence and sexual 02 assault programs; 03 (3) the Department of Corrections for incarceration and probation 04 programs; 05 (4) the office of victims' rights; [OR] 06 (5) nonprofit victims' rights organizations for grants for services to 07 crime victims; or 08 (6) to the Department of Revenue for grants to minor children of 09 incarcerated individuals under a grant program established by regulations of the 10 Department of Revenue under AS 44.62 (Administrative Procedure Act). 11 * Sec. 2. AS 43.23.065(a) is amended to read: 12 (a) Except as provided in (b) of this section, 20 percent of the annual 13 permanent fund dividend payable to an individual is exempt from levy, execution, 14 garnishment, attachment, or any other remedy for the collection of debt. No other 15 exemption applies to a dividend. Notwithstanding other laws, a writ of execution 16 upon a dividend that has not been delivered to the debtor may be served on the 17 commissioner by 18 (1) certified mail, return receipt requested; or 19 (2) a civilian process server licensed by the commissioner of public 20 safety using electronic execution procedures, as provided under regulations 21 adopted by the department [. UPON RECEIPT OF A WRIT BY CERTIFIED 22 MAIL, RETURN RECEIPT REQUESTED, THE COMMISSIONER SHALL 23 DELIVER THAT PORTION OF THE DIVIDEND EXECUTED UPON TO THE 24 COURT ALONG WITH THE CASE NAME AND NUMBER]. 25 * Sec. 3. AS 43.23.065(d) is amended to read: 26 (d) An assignment of or levy, execution, garnishment, attachment, or other 27 remedy for the collection of debt applied to a dividend for a year may not be accepted 28 by the department before April 1 of that same year. AS 09.38.080(c) and 09.38.085 29 do not apply to a levy on a permanent fund dividend. Upon receipt of a writ of 30 execution under (a) of this section or another court order, the commissioner shall 31 deliver to the court that portion of the dividend executed upon along with the
01 case name and number. [THE DEPARTMENT SHALL INCLUDE THE CASE 02 NUMBER WITH A DIVIDEND OR PORTION OF A DIVIDEND TRANSMITTED 03 TO THE COURT IN RESPONSE TO A WRIT OF EXECUTION OR OTHER 04 COURT ORDER.] At the time payment is made to the court, the department shall 05 send to the individual at the address provided in the individual's dividend application 06 and to the court that issued the writ or order a notice that contains 07 (1) notification that all or part of the individual's dividend has been 08 seized under a writ of execution or court order; 09 (2) the name and address of the court that issued the writ or order; 10 (3) the case number for which the writ or order was issued; 11 (4) the amount seized under the writ or order; and 12 (5) notification that the individual has 30 days from the date the notice 13 is mailed in which to file with the court an objection to the seizure if a mistake has 14 been made. 15 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a 16 new section to read: 17 INDIRECT COURT RULE AMENDMENT. The provisions of secs. 2 and 3 18 of this Act have the effect of changing Rule 89, Alaska Rules of Civil Procedure, 19 by allowing a civilian process server licensed by the commissioner of public safety 20 to execute upon an Alaska Permanent Fund dividend by electronic means in 21 accordance with regulations adopted by the Department of Revenue. 22 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a 23 new section to read: 24 CONDITIONAL EFFECT. The amendments to AS 43.23.065 made by secs. 25 2 and 3 of this Act take effect only if sec. 4 of this Act receives the two-thirds 26 majority vote of each house required by art. IV, sec. 15, Constitution of the State 27 of Alaska. 28 * Sec. 6. Section 1 of this Act takes effect immediately under AS 01.10.070(c). 29 * Sec. 7. If, under sec. 5 of this Act, secs. 2 and 3 of this Act take effect, they 30 take effect January 1, 2009.