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