00 CS FOR SENATE BILL NO. 104(FIN)
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, grants for the operation of
04 sexual assault response teams and domestic violence intervention projects, and
05 incarceration costs; and providing for 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 grants for the operation of sexual assault
27 response teams and domestic violence intervention projects; and
28 (C) 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 and for the operating costs of the
16 Violent Crimes Compensation Board;
17 (2) the Council on Domestic Violence and Sexual Assault established
18 under AS 18.66.010 for grants for the operation of [DOMESTIC VIOLENCE AND]
19 sexual assault response teams and domestic violence intervention projects
20 [PROGRAMS];
21 (3) the Department of Corrections for incarceration and probation
22 programs;
23 (4) the office of victims' rights;
24 (5) nonprofit victims' rights organizations for grants for services to
25 crime victims; or
26 (6) the Department of Revenue for grants to minor children of
27 incarcerated individuals under a grant program established by regulations of the
28 Department of Revenue under AS 44.62 (Administrative Procedure Act).
29 * Sec. 2. AS 43.23 is amended by adding a new section to read:
30 Sec. 43.23.031. Appropriations from the criminal fund. (a) The legislature
31 may appropriate amounts from the criminal fund (AS 43.23.048) to the following
01 recipients in the priority order and in the amounts listed:
02 (1) up to 20 percent of the amount available for appropriation from the
03 fund to the crime victim compensation fund established under AS 18.67.162 for
04 payments to crime victims and for operating costs of the Violent Crimes
05 Compensation Board;
06 (2) up to 15 percent of the amount available for appropriation from the
07 fund to the Council on Domestic Violence and Sexual Assault established under
08 AS 18.66.010 for grants for the operation of sexual assault response teams and
09 domestic violence intervention projects that input data into the Alaska Public Safety
10 Information Network;
11 (3) the remaining amount available for appropriation from the fund to
12 the Department of Corrections for costs related to incarceration or probation.
13 (b) By October 1 of each year, the Violent Crimes Compensation Board shall
14 send to the office of management and budget the total amount of the compensable
15 claims from the previous fiscal year, the amount necessary to pay those compensable
16 claims, and the amount needed for the operating costs of the board.
17 (c) The office of management and budget shall use the amounts provided in
18 AS 43.23.028(a)(6) in combination with the amount provided under (b) of this section
19 to determine the amount each state agency should receive from the criminal fund
20 (AS 43.23.048) in accordance with the priority order and amounts listed in (a) of this
21 section.
22 (d) The office of management and budget shall submit to the legislature a
23 report listing the amounts determined under (c) of this section. The report shall be
24 submitted at the same time as the governor's budget under AS 37.07.020.
25 (e) Nothing in this section creates a dedicated fund.
26 * Sec. 3. AS 43.23 is amended by adding a new section to read:
27 Sec. 43.23.048. Criminal fund. The criminal fund is created as a separate
28 account in the dividend fund. The legislature shall appropriate from the dividend fund
29 each fiscal year an amount equal to the amount that would have been paid during the
30 previous fiscal year to individuals who were ineligible to receive dividends under
31 AS 43.23.005(d) if they had been eligible. Money in the fund may be appropriated in
01 accordance with AS 43.23.031. Nothing in this section creates a dedicated fund.
02 * Sec. 4. AS 43.23.055 is amended to read:
03 Sec. 43.23.055. Duties of the department. The department shall
04 (1) annually pay permanent fund dividends from the dividend fund;
05 (2) subject to AS 43.23.011 and [PARAGRAPH] (8) of this section,
06 adopt regulations under AS 44.62 (Administrative Procedure Act) that establish
07 procedures and time limits for claiming a permanent fund dividend; the department
08 shall determine the number of eligible applicants by October 1 of the year for which
09 the dividend is declared and pay the dividends by December 31 of that year;
10 (3) adopt regulations under AS 44.62 (Administrative Procedure Act)
11 that establish procedures and time limits for an individual upon emancipation or upon
12 reaching majority to apply for permanent fund dividends not received during minority
13 because the parent, guardian, or other authorized representative did not apply on
14 behalf of the individual;
15 (4) assist residents of the state, particularly in rural areas, who, because
16 of language, disability, or inaccessibility to public transportation, need assistance to
17 establish eligibility and to apply for permanent fund dividends;
18 (5) use a list of individuals ineligible for a dividend under
19 AS 43.23.005(d) provided annually by the Department of Corrections and the
20 Department of Public Safety to determine the number and identity of those
21 individuals;
22 (6) adopt regulations that are necessary to implement AS 43.23.005(d)
23 and 43.23.031;
24 (7) adopt regulations that establish procedures for the parent, guardian,
25 or other authorized representative of a disabled individual to apply for prior year
26 permanent fund dividends not received by the disabled individual because no
27 application was submitted on behalf of the individual;
28 (8) adopt regulations that establish procedures for an individual to
29 apply to have a dividend disbursement under AS 37.25.050(a)(2) reissued if it is not
30 collected within two years after the date of its issuance; however, the department may
31 not establish a time limit within which an application to have a disbursement reissued
01 must be filed;
02 (9) provide any information, upon request, contained in permanent
03 fund dividend records to the child support services agency created in AS 25.27.010, or
04 the child support enforcement agency of another state, for child support purposes
05 authorized under law; if the information is contained in an electronic data base, the
06 department shall provide the requesting agency with either
07 (A) access to the data base; or
08 (B) a copy of the information in the data base and a statement
09 certifying its contents;
10 (10) establish a fraud investigation unit for the purpose of assisting the
11 (A) Department of Law in the prosecution of individuals who
12 apply for or obtain a permanent fund dividend in violation of a provision in
13 AS 11, by detecting and investigating those crimes; and
14 (B) commissioner to detect and investigate the claiming or
15 paying of permanent fund dividends that should not have been claimed by or
16 paid to an individual and to impose the penalties and enforcement provisions
17 under AS 43.23.035.
18 * Sec. 5. This Act takes effect July 1, 2014.