txt

SB 104: "An Act relating to appropriations from the dividend fund; creating the criminal fund; and providing for an effective date."

00                             SENATE BILL NO. 104                                                                         
01 "An Act relating to appropriations from the dividend fund; creating the criminal fund;                                  
02 and providing for an effective date."                                                                                   
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 12.55.051 is amended by adding a new subsection to read:                                           
05            (k)  The Department of Law shall pay the outstanding balances on orders of                                   
06       restitution as provided in AS 43.23.031.                                                                          
07    * Sec. 2. AS 43.23.028 is amended to read:                                                                         
08            Sec. 43.23.028. Public notice. (a) By October 1 of each year, the                                          
09       commissioner shall give public notice of the value of each permanent fund dividend                                
10       for that year and notice of the information required to be disclosed under (3) of this                            
11       subsection. In addition, the stub attached to each individual dividend disbursement                               
12       advice must                                                                                                       
13                 (1)  disclose the amount of each dividend attributable to income earned                                 
14       by the permanent fund from deposits to that fund required under art. IX, sec. 15,                                 
01       Constitution of the State of Alaska;                                                                              
02                 (2)  disclose the amount of each dividend attributable to income earned                                 
03       by the permanent fund from appropriations to that fund and from amounts added to                                  
04       that fund to offset the effects of inflation;                                                                     
05                 (3)  disclose the amount by which each dividend has been reduced due                                    
06       to each appropriation from the dividend fund, including amounts to pay the costs of                               
07       administering the dividend program and the hold harmless provisions of                                            
08       AS 43.23.075;                                                                                                     
09                 (4)  include a statement that an individual is not eligible for a dividend                              
10       when                                                                                                              
11                      (A)  during the qualifying year, the individual was convicted of                                   
12            a felony;                                                                                                    
13                      (B)  during all or part of the qualifying year, the individual was                                 
14            incarcerated as a result of the conviction of a                                                              
15                           (i)  felony; or                                                                               
16                           (ii)  misdemeanor if the individual has been convicted of                                     
17                 a prior felony or two or more prior misdemeanors;                                                       
18                 (5)  include a statement that the legislative purpose for making                                        
19       individuals listed under (4) of this subsection ineligible is to                                                  
20                      (A)  pay restitution to the victims of the individuals' crimes                                 
21            [OBTAIN REIMBURSEMENT FOR SOME OF THE COSTS IMPOSED ON                                                       
22            THE STATE CRIMINAL JUSTICE SYSTEM RELATED TO                                                                 
23            INCARCERATION OR PROBATION OF THOSE INDIVIDUALS];                                                            
24                      (B)  make child support payments and reduce child support                                      
25            arrearages for the individuals;                                                                          
26                      (C)  pay for court-ordered rehabilitation programs for the                                     
27            individuals; and                                                                                         
28                      (D)  obtain reimbursement for some of the costs of                                             
29            incarceration or probation of the individuals [PROVIDE FUNDS FOR                                         
30            SERVICES FOR AND PAYMENTS TO CRIME VICTIMS AND FOR                                                           
31            GRANTS FOR THE OPERATION OF DOMESTIC VIOLENCE AND                                                            
01            SEXUAL ASSAULT PROGRAMS];                                                                                    
02                 (6)  disclose the total amount that would have been paid during the                                     
03       previous fiscal year to individuals who were ineligible to receive dividends under                                
04       AS 43.23.005(d) if they had been eligible;                                                                        
05                 (7)  disclose the total amount appropriated for the current fiscal year                                 
06       under AS 43.23.031 and (b) of this section for each of the funds and agencies listed in                       
07       AS 43.23.031 and (b) of this section.                                                                         
08            (b)  To the extent that amounts appropriated for a fiscal year do not exceed the                             
09       total amount that would have been paid during the previous fiscal year to individuals                             
10       who were ineligible to receive dividends under AS 43.23.005(d) or under                                           
11       AS 43.23.021(b) if they had been eligible, the notice requirements of (a)(3) of this                              
12       section do not apply to appropriations from the dividend fund to the criminal fund                            
13       (AS 43.23.048) or, after the appropriation to the criminal fund, to                                           
14                 (1)  the crime victim compensation fund established under                                               
15       AS 18.67.162 for payments to crime victims;                                                                       
16                 (2)  the Council on Domestic Violence and Sexual Assault established                                    
17       under AS 18.66.010 for grants for the operation of domestic violence and sexual                                   
18       assault programs;                                                                                                 
19                 (3)  the Department of Corrections for incarceration and probation                                      
20       programs;                                                                                                         
21                 (4)  the office of victims' rights;                                                                     
22                 (5)  nonprofit victims' rights organizations for grants for services to                                 
23       crime victims; or                                                                                                 
24                 (6)  the Department of Revenue for grants to minor children of                                          
25       incarcerated individuals under a grant program established by regulations of the                                  
26       Department of Revenue under AS 44.62 (Administrative Procedure Act).                                              
27    * Sec. 3. AS 43.23 is amended by adding a new section to read:                                                     
28            Sec. 43.23.031. Appropriations from the criminal fund. (a) The legislature                                 
29       may appropriate amounts from the criminal fund (AS 43.23.048) to the following                                    
30       recipients in the priority order listed based on the amounts determined in (g) of this                            
31       section:                                                                                                          
01                 (1)  to the Department of Law for restitution payments as provided in                                   
02       (b) of this section;                                                                                              
03                 (2)  to the child support services agency for child support arrearages;                                 
04                 (3)  to a state-approved rehabilitation program for court-ordered                                       
05       rehabilitation program costs; or                                                                                  
06                 (4)  to the Department of Corrections for costs related to incarceration                                
07       or probation.                                                                                                     
08            (b)  The Department of Law shall pay the outstanding balances on orders of                                   
09       restitution under AS 12.55.045 or AS 47.12.120, not to exceed $10,000 for each                                    
10       victim for each order, from appropriations from the criminal fund (AS 43.23.048). The                             
11       department shall set aside 10 percent of the money in the criminal fund for the                                   
12       Department of Law to pay the balance on orders of restitution from years before the                               
13       previous fiscal year. The Department of Law shall pay the outstanding balances on                                 
14       orders of restitution from the previous fiscal year, not to exceed $10,000 for each                               
15       victim for each order with the remaining money in the criminal fund. If the money in                              
16       the criminal fund is insufficient to pay all outstanding orders of restitution, the                               
17       Department of Law shall pay the oldest outstanding restitution order first. A victim                              
18       may receive not more than $10,000 from the criminal fund for each order of                                        
19       restitution, regardless of the age or amount of the order.                                                        
20            (c)  A person who is subject to an order of restitution all or part of which is                              
21       paid under this section shall reimburse the state 50 percent of the amount paid by the                            
22       state. A claim of the state for reimbursement under this subsection is secondary to a                             
23       victim's claim for the remaining balance on an order of restitution. The state may                                
24       enforce payment of reimbursement under this subsection as if the reimbursement were                               
25       a civil judgment enforceable by execution.                                                                        
26            (d)  By October 1 of each year, the Department of Law shall send to the                                      
27       department the total amount of restitution owed to victims from the previous fiscal                               
28       year and the total amount of restitution owed to victims from years before the previous                           
29       fiscal year.                                                                                                      
30            (e)  By October 1 of each year, the child support services agency shall send to                              
31       the department the total amount of child support arrearages owed by incarcerated                                  
01       individuals in the previous fiscal year.                                                                          
02            (f)  By October 1 of each year, the court system shall send to the department                                
03       the amount that is owed for court-ordered drug or alcohol treatment.                                              
04            (g)  The department shall use the amounts provided in AS 43.23.028(a)(6) in                                  
05       combination with the amounts provided under (d) - (f) of this section to determine the                            
06       amount each state agency should receive from the criminal fund (AS 43.23.048) in                                  
07       accordance with the priority order in (a) of this section.                                                        
08            (h)  The department shall submit to the legislature a report listing the amounts                             
09       determined under (g) of this section. The report shall be submitted at the same time as                           
10       the governor's budget under AS 37.07.020.                                                                         
11            (i)  Nothing in this section creates a dedicated fund.                                                       
12    * Sec. 4. AS 43.23 is amended by adding a new section to read:                                                     
13            Sec. 43.23.048. Criminal fund. The criminal fund is created as a separate                                  
14       account in the dividend fund. The legislature shall appropriate from the dividend fund                            
15       each fiscal year an amount equal to the amount that would have been paid during the                               
16       previous fiscal year to individuals who were ineligible to receive dividends under                                
17       AS 43.23.005(d) if they had been eligible. Money in the fund may be appropriated in                               
18       accordance with AS 43.23.031.                                                                                     
19    * Sec. 5. AS 43.23.055 is amended to read:                                                                         
20            Sec. 43.23.055. Duties of the department. The department shall                                             
21                 (1)  annually pay permanent fund dividends from the dividend fund;                                      
22                 (2)  subject to AS 43.23.011 and [PARAGRAPH] (8) of this section,                                       
23       adopt regulations under AS 44.62 (Administrative Procedure Act) that establish                                    
24       procedures and time limits for claiming a permanent fund dividend; the department                                 
25       shall determine the number of eligible applicants by October 1 of the year for which                              
26       the dividend is declared and pay the dividends by December 31 of that year;                                       
27                 (3)  adopt regulations under AS 44.62 (Administrative Procedure Act)                                    
28       that establish procedures and time limits for an individual upon emancipation or upon                             
29       reaching majority to apply for permanent fund dividends not received during minority                              
30       because the parent, guardian, or other authorized representative did not apply on                                 
31       behalf of the individual;                                                                                         
01                 (4)  assist residents of the state, particularly in rural areas, who, because                       
02       of language, disability, or inaccessibility to public transportation, need assistance to                      
03       establish eligibility and to apply for permanent fund dividends;                                                  
04                 (5)  use a list of individuals ineligible for a dividend under                                          
05       AS 43.23.005(d) provided annually by the Department of Corrections and the                                        
06       Department of Public Safety to determine the number and identity of those                                         
07       individuals;                                                                                                      
08                 (6)  adopt regulations that are necessary to implement AS 43.23.005(d)                                  
09       and 43.23.031;                                                                                                
10                 (7)  adopt regulations that establish procedures for the parent, guardian,                              
11       or other authorized representative of a disabled individual to apply for prior year                               
12       permanent fund dividends not received by the disabled individual because no                                       
13       application was submitted on behalf of the individual;                                                            
14                 (8)  adopt regulations that establish procedures for an individual to                                   
15       apply to have a dividend disbursement under AS 37.25.050(a)(2) reissued if it is not                              
16       collected within two years after the date of its issuance; however, the department may                            
17       not establish a time limit within which an application to have a disbursement reissued                            
18       must be filed;                                                                                                    
19                 (9)  provide any information, upon request, contained in permanent                                      
20       fund dividend records to the child support services agency created in AS 25.27.010, or                            
21       the child support enforcement agency of another state, for child support purposes                                 
22       authorized under law; if the information is contained in an electronic data base, the                             
23       department shall provide the requesting agency with either                                                        
24                      (A)  access to the data base; or                                                                   
25                      (B)  a copy of the information in the data base and a statement                                    
26            certifying its contents;                                                                                     
27                 (10)  establish a fraud investigation unit for the purpose of assisting the                             
28                      (A)  Department of Law in the prosecution of individuals who                                       
29            apply for or obtain a permanent fund dividend in violation of a provision in                                 
30            AS 11, by detecting and investigating those crimes; and                                                      
31                      (B)  commissioner to detect and investigate the claiming or                                        
01            paying of permanent fund dividends that should not have been claimed by or                                   
02            paid to an individual and to impose the penalties and enforcement provisions                                 
03            under AS 43.23.035;                                                                                      
04                 (11)  use a list of individuals ineligible for a dividend under                                     
05       AS 43.23.005(d) provided annually by the Department of Corrections and the                                    
06       Department of Public Safety to determine the amount of child support                                          
07       arrearages owed by those individuals.                                                                         
08    * Sec. 6. AS 47.12.170 is amended by adding a new subsection to read:                                              
09            (h)  The Department of Law shall pay the outstanding balances on orders of                                   
10       restitution as provided in AS 43.23.031.                                                                          
11    * Sec. 7. This Act takes effect July 1, 2014.