CSSB 265(TRA): "An Act relating to the payment of permanent fund dividends to certain individuals required to register as sex offenders or child kidnappers; and providing for an effective date."
00 CS FOR SENATE BILL NO. 265(TRA) 01 "An Act relating to the payment of permanent fund dividends to certain individuals 02 required to register as sex offenders or child kidnappers; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 43.23 is amended by adding a new section to read: 06 Sec. 43.23.021. Delayed payment of certain dividends. (a) Notwithstanding 07 other provisions regarding the payment of permanent fund dividends, if an individual 08 is required to register as a sex offender or child kidnapper under AS 12.63 and has not 09 registered or has not completed the required periodic verifications or notices required 10 under AS 12.63, payment of the dividend for that individual shall be delayed. 11 (b) If payment of a dividend is delayed, the department shall notify the 12 individual in writing of the delayed payment status, explain the requirements of this 13 section, and request proof of registration and compliance with the verifications and 14 notices required under AS 12.63. The dividend may not be paid unless, within one
01 year after the notification, the department determines that the individual has registered 02 and is in compliance with the verifications and notices required under AS 12.63. 03 (c) Notwithstanding other provisions, a permanent fund dividend that has not 04 become payable to an individual under this section is not subject to levy, execution, 05 garnishment, attachment, or any other remedy for the collection of debt until that 06 dividend becomes payable or is paid to the individual. 07 (d) If an individual for whom payment of a permanent fund dividend has been 08 delayed but remains payable under (b) of this section dies before the dividend is paid 09 or payable, the department shall pay the dividend to a personal representative of the 10 individual's estate. 11 (e) The department shall include notice with the dividend application form of 12 the requirements of (a) and (b) of this section. 13 * Sec. 2. AS 43.23.025(a) is amended to read: 14 (a) By October 1 of each year, the commissioner shall determine the value of 15 each permanent fund dividend for that year by 16 (1) determining the total amount available for dividend payments, 17 which equals 18 (A) the amount of income of the Alaska permanent fund 19 transferred to the dividend fund under AS 37.13.145(b) during the current year; 20 (B) plus the unexpended and unobligated balances of prior 21 fiscal year appropriations that lapse into the dividend fund under 22 AS 43.23.045(d); 23 (C) less the amount necessary to pay prior year dividends from 24 the dividend fund in the current year under AS 43.23.005(h), 43.23.021, and 25 43.23.055(3) and (7) [UNDER AS 43.23.055(3) AND (7)]; 26 (D) less the amount necessary to pay dividends from the 27 dividend fund due to eligible applicants who, as determined by the department, 28 filed for a previous year's dividend by the filing deadline but who were not 29 included in a previous year's dividend computation; 30 (E) less appropriations from the dividend fund during the 31 current year, including amounts to pay costs of administering the dividend
01 program and the hold harmless provisions of AS 43.23.075; 02 (2) determining the number of individuals eligible to receive a 03 dividend payment for the current year and the number of estates and successors 04 eligible to receive a dividend payment for the current year under AS 43.23.005(h); and 05 (3) dividing the amount determined under (1) of this subsection by the 06 amount determined under (2) of this subsection. 07 * Sec. 3. This Act takes effect January 1, 2009.