CSSB 265(FIN): "An Act relating to the payment of permanent fund dividends to certain individuals required to register as sex offenders or child kidnappers; 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 CS FOR SENATE BILL NO. 265(FIN) 01 "An Act relating to the payment of permanent fund dividends to certain individuals 02 required to register as sex offenders or child kidnappers; relating to execution upon 03 permanent fund dividends by civilian process servers using electronic procedures; 04 amending Rule 89, Alaska Rules of Civil Procedure; and providing for an effective 05 date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 43.23 is amended by adding a new section to read: 08 Sec. 43.23.021. Delayed payment of certain dividends. (a) Notwithstanding 09 other provisions regarding the payment of permanent fund dividends, if an individual 10 is required to register as a sex offender or child kidnapper under AS 12.63 and has not 11 registered or has not completed the required periodic verifications or notices required 12 under AS 12.63, payment of the dividend for that individual shall be delayed. 13 (b) If payment of a dividend is delayed, the department shall notify the
01 individual in writing of the delayed payment status, explain the requirements of this 02 section, and request proof of registration and compliance with the verifications and 03 notices required under AS 12.63. The dividend may not be paid unless, within one 04 year after the notification, the department determines that the individual has registered 05 and is in compliance with the verifications and notices required under AS 12.63. 06 (c) Notwithstanding other provisions, a permanent fund dividend that has not 07 become payable to an individual under this section is not subject to levy, execution, 08 garnishment, attachment, or any other remedy for the collection of debt until that 09 dividend becomes payable or is paid to the individual. 10 (d) If an individual for whom payment of a permanent fund dividend has been 11 delayed but remains payable under (b) of this section dies before the dividend is paid 12 or payable, the department shall pay the dividend to a personal representative of the 13 individual's estate. 14 (e) The department shall include notice with the dividend application form of 15 the requirements of (a) and (b) of this section. 16 * Sec. 2. AS 43.23.025(a) is amended to read: 17 (a) By October 1 of each year, the commissioner shall determine the value of 18 each permanent fund dividend for that year by 19 (1) determining the total amount available for dividend payments, 20 which equals 21 (A) the amount of income of the Alaska permanent fund 22 transferred to the dividend fund under AS 37.13.145(b) during the current year; 23 (B) plus the unexpended and unobligated balances of prior 24 fiscal year appropriations that lapse into the dividend fund under 25 AS 43.23.045(d); 26 (C) less the amount necessary to pay prior year dividends from 27 the dividend fund in the current year under AS 43.23.005(h), 43.23.021, and 28 43.23.055(3) and (7) [UNDER AS 43.23.055(3) AND (7)]; 29 (D) less the amount necessary to pay dividends from the 30 dividend fund due to eligible applicants who, as determined by the department, 31 filed for a previous year's dividend by the filing deadline but who were not
01 included in a previous year's dividend computation; 02 (E) less appropriations from the dividend fund during the 03 current year, including amounts to pay costs of administering the dividend 04 program and the hold harmless provisions of AS 43.23.075; 05 (2) determining the number of individuals eligible to receive a 06 dividend payment for the current year and the number of estates and successors 07 eligible to receive a dividend payment for the current year under AS 43.23.005(h); and 08 (3) dividing the amount determined under (1) of this subsection by the 09 amount determined under (2) of this subsection. 10 * Sec. 3. AS 43.23.065(a) is amended to read: 11 (a) Except as provided in (b) of this section, 20 percent of the annual 12 permanent fund dividend payable to an individual is exempt from levy, execution, 13 garnishment, attachment, or any other remedy for the collection of debt. No other 14 exemption applies to a dividend. Notwithstanding other laws, a writ of execution upon 15 a dividend that has not been delivered to the debtor may be served on the 16 commissioner by 17 (1) certified mail, return receipt requested; or 18 (2) a civilian process server licensed by the commissioner of public 19 safety using electronic execution procedures, as provided under regulations 20 adopted by the department [. UPON RECEIPT OF A WRIT BY CERTIFIED 21 MAIL, RETURN RECEIPT REQUESTED, THE COMMISSIONER SHALL 22 DELIVER THAT PORTION OF THE DIVIDEND EXECUTED UPON TO THE 23 COURT ALONG WITH THE CASE NAME AND NUMBER]. 24 * Sec. 4. AS 43.23.065(d) is amended to read: 25 (d) An assignment of or levy, execution, garnishment, attachment, or other 26 remedy for the collection of debt applied to a dividend for a year may not be accepted 27 by the department before April 1 of that same year. AS 09.38.080(c) and 09.38.085 do 28 not apply to a levy on a permanent fund dividend. Upon receipt of a writ of 29 execution under (a) of this section or another court order, the commissioner shall 30 deliver to the court that portion of the dividend executed upon along with the 31 case name and number. [THE DEPARTMENT SHALL INCLUDE THE CASE
01 NUMBER WITH A DIVIDEND OR PORTION OF A DIVIDEND TRANSMITTED 02 TO THE COURT IN RESPONSE TO A WRIT OF EXECUTION OR OTHER 03 COURT ORDER.] At the time payment is made to the court, the department shall 04 send to the individual at the address provided in the individual's dividend application 05 and to the court that issued the writ or order a notice that contains 06 (1) notification that all or part of the individual's dividend has been 07 seized under a writ of execution or court order; 08 (2) the name and address of the court that issued the writ or order; 09 (3) the case number for which the writ or order was issued; 10 (4) the amount seized under the writ or order; and 11 (5) notification that the individual has 30 days from the date the notice 12 is mailed in which to file with the court an objection to the seizure if a mistake has 13 been made. 14 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 INDIRECT COURT RULE AMENDMENT. The provisions of secs. 3 and 4 of this 17 Act have the effect of changing Rule 89, Alaska Rules of Civil Procedure, by allowing a 18 civilian process server licensed by the commissioner of public safety to execute upon an 19 Alaska Permanent Fund dividend by electronic means in accordance with regulations adopted 20 by the Department of Revenue. 21 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 CONDITIONAL EFFECT. The amendments to AS 43.23.065 made by secs. 3 and 4 24 of this Act take effect only if sec. 5 of this Act receives the two-thirds majority vote of each 25 house required by art. IV, sec. 15, Constitution of the State of Alaska. 26 * Sec. 7. Sections 1 and 2 of this Act take effect January 1, 2009. 27 * Sec. 8. If, under sec. 6 of this Act, secs. 3 and 4 of this Act take effect, they take effect 28 January 1, 2009.