HB 376: "An Act relating to the payment of permanent fund dividends to certain individuals with pending criminal charges; and providing for an effective date."
00 HOUSE BILL NO. 376 01 "An Act relating to the payment of permanent fund dividends to certain individuals 02 with pending criminal charges; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 43.23 is amended by adding a new section to read: 05 Sec. 43.23.021. Delayed payment of certain dividends. (a) Notwithstanding 06 other provisions regarding the payment of permanent fund dividends, if an individual 07 has been charged with a crime in this or another state and the charge is still unresolved 08 and pending at the end of the qualifying year, payment of the dividend for that 09 individual shall be delayed. The dividend shall be paid after the first subsequent year 10 during which the charge is resolved and no longer pending. For purposes of this 11 subsection, a charge that results in a dismissal, conviction, acquittal, or is otherwise 12 disposed of is considered to be resolved and no longer pending even if the disposition 13 has resulted in an appeal. 14 (b) Notwithstanding other provisions, a permanent fund dividend that has not
01 become payable to an individual under (a) of this section is not subject to levy, 02 execution, garnishment, attachment, or any other remedy for the collection of debt 03 until that dividend becomes payable or is paid to the individual. 04 (c) If an individual for whom payment of a permanent fund dividend has been 05 delayed dies before the dividend is paid or payable, the department shall pay the 06 dividend to a personal representative of the individual's estate. 07 * Sec. 2. AS 43.23.025(a) is amended to read: 08 (a) By October 1 of each year, the commissioner shall determine the value of 09 each permanent fund dividend for that year by 10 (1) determining the total amount available for dividend payments, 11 which equals 12 (A) the amount of income of the Alaska permanent fund 13 transferred to the dividend fund under AS 37.13.145(b) during the current year; 14 (B) plus the unexpended and unobligated balances of prior 15 fiscal year appropriations that lapse into the dividend fund under 16 AS 43.23.045(d); 17 (C) less the amount necessary to pay prior year dividends from 18 the dividend fund in the current year under AS 43.23.005(h), 43.23.021, and 19 under AS 43.23.055(3) and (7); 20 (D) less the amount necessary to pay dividends from the 21 dividend fund due to eligible applicants who, as determined by the department, 22 filed for a previous year's dividend by the filing deadline but who were not 23 included in a previous year's dividend computation; 24 (E) less appropriations from the dividend fund during the 25 current year, including amounts to pay costs of administering the dividend 26 program and the hold harmless provisions of AS 43.23.075; 27 (2) determining the number of individuals eligible to receive a 28 dividend payment for the current year and the number of estates and successors 29 eligible to receive a dividend payment for the current year under AS 43.23.005(h); and 30 (3) dividing the amount determined under (1) of this subsection by the 31 amount determined under (2) of this subsection.