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CSSB 104(FIN): "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, grants for the operation of sexual assault response teams and domestic violence intervention projects, and incarceration costs; and providing for an effective date."

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.