txt

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.