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HB 141: "An Act relating to disbursement of the permanent fund dividend; relating to transfers of permanent fund dividends into the restorative justice account; and relating to contributions from, claims against, and assignments of permanent fund dividends."

00                             HOUSE BILL NO. 141                                                                          
01 "An Act relating to disbursement of the permanent fund dividend; relating to transfers                                  
02 of permanent fund dividends into the restorative justice account; and relating to                                       
03 contributions from, claims against, and assignments of permanent fund dividends."                                       
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 43.23.048(a) is amended to read:                                                                   
06 (a)  The restorative justice account is created as a separate account in the                                            
07 dividend fund. The commissioner shall transfer from the dividend fund to the                                            
08 restorative justice account each fiscal year an amount equal to the amount that would                                   
09 have been paid during the previous dividend [FISCAL] year to individuals who were                                   
10       ineligible to receive dividends under AS 43.23.005(d) if they had been eligible.                                  
11    * Sec. 2. AS 43.23.055 is amended to read:                                                                         
12        Sec. 43.23.055. Duties of the department. The department shall                                                 
13                 (1)  disburse the annual amount of the [ANNUALLY PAY]                                               
14       permanent fund dividends from the dividend fund to eligible individuals in quarterly                          
01       payments over the 12-month period beginning October 1;                                                        
02 (2)  subject to AS 43.23.011 and (8) of this section, adopt regulations                                                 
03 under AS 44.62 (Administrative Procedure Act) that establish procedures and time                                        
04 limits for claiming a permanent fund dividend; the department shall determine the                                       
05 number of eligible applicants by October 1 of the year for which the dividend is                                        
06       declared and pay the dividends by December 31 of that year;                                                       
07 (3)  adopt regulations under AS 44.62 (Administrative Procedure Act)                                                    
08 that establish procedures and time limits for an individual upon emancipation or upon                                   
09 reaching majority to apply for permanent fund dividends not received during minority                                    
10 because the parent, guardian, or other authorized representative did not apply on                                       
11       behalf of the individual;                                                                                         
12 (4)  assist residents of the state, particularly in rural areas, who, because                                           
13 of language, disability, or inaccessibility to public transportation, need assistance to                                
14       establish eligibility and to apply for permanent fund dividends;                                                  
15 (5)  use a list of individuals ineligible for a dividend under                                                          
16 AS 43.23.005(d) provided annually by the Department of Corrections and the                                              
17 Department of Public Safety to determine the number and identity of those                                               
18       individuals;                                                                                                      
19 (6)  adopt regulations that are necessary to implement AS 43.23.005(d)                                                  
20       and 43.23.048;                                                                                                    
21 (7)  adopt regulations that establish procedures for the parent, guardian,                                              
22 or other authorized representative of a disabled individual to apply for prior year                                     
23 permanent fund dividends not received by the disabled individual because no                                             
24       application was submitted on behalf of the individual;                                                            
25 (8)  adopt regulations that establish procedures for an individual to                                                   
26 apply to have a dividend disbursement under AS 37.25.050(a)(2) reissued if it is not                                    
27 collected within two years after the date of its issuance; however, the department may                                  
28 not establish a time limit within which an application to have a disbursement reissued                                  
29       must be filed;                                                                                                    
30 (9)  provide any information, upon request, contained in permanent                                                      
31 fund dividend records to the child support services agency created in AS 25.27.010, or                                  
01       the child support enforcement agency of another state, for child support purposes                                 
02       authorized under law; if the information is contained in an electronic data base, the                             
03       department shall provide the requesting agency with either                                                        
04                      (A)  access to the data base; or                                                                   
05                      (B)  a copy of the information in the data base and a statement                                    
06            certifying its contents;                                                                                     
07                 (10)  establish a fraud investigation unit for the purpose of assisting the                             
08                      (A)  Department of Law in the prosecution of individuals who                                       
09 apply for or obtain a permanent fund dividend in violation of a provision in                                            
10            AS 11, by detecting and investigating those crimes; and                                                      
11 (B)  commissioner to detect and investigate the claiming or                                                             
12 paying of permanent fund dividends that should not have been claimed by or                                              
13 paid to an individual and to impose the penalties and enforcement provisions                                            
14            under AS 43.23.270;                                                                                          
15 (11)  adopt regulations under AS 44.62 (Administrative Procedure Act)                                                   
16 so that contributions under AS 43.23.062 are given a priority over donations under                                      
17 AS 43.23.064 if the total amount of contributions and donations elected by an                                           
18 applicant exceeds the amount of the permanent fund dividend that the applicant is                                       
19       entitled to receive.                                                                                              
20    * Sec. 3. AS 43.23.130(a) is amended to read:                                                                      
21 (a)  Notwithstanding AS 43.23.200, the Department of Revenue shall prepare                                              
22 the electronic Alaska permanent fund dividend application to allow an applicant who                                     
23 files electronically to direct that money be subtracted from the dividend payment and                                   
24 contributed to the crime victim compensation fund (AS 18.67.162), the peace officer                                     
25 and firefighter survivors' fund, or one or more of the educational organizations,                                       
26 community foundations, or charitable organizations that appear on the contribution list                                 
27 contained in the application. A contribution to the crime victim compensation fund,                                     
28 the peace officer and firefighter survivors' fund, or [TO] an organization may be $25,                              
29 $50, $75, $100, or more, in increments of $50, up to the total amount of the permanent                                  
30 fund dividend that the applicant is entitled to receive. If the total amount of                                         
31 contributions elected by an applicant exceeds the amount of the permanent fund                                          
01 dividend that the applicant is entitled to receive, contributions shall be deducted from                                
02 the dividend in the order of priority elected by the applicant on the application until                                 
03 the entire amount of the dividend that the applicant is entitled to receive is allocated                                
04 for contribution. The department shall deduct the total amount of contributions                                     
05 from the dividend on October 1. Each payment of the dividend under                                                  
06 AS 43.23.055(1) shall be reduced proportionately. The electronic dividend                                           
07 application form must include notice that seven percent of the money contributed will                                   
08 be used for administrative costs incurred in implementing this section, and money                                       
09       from the dividend fund will not be used for that purpose.                                                         
10    * Sec. 4. AS 43.23 is amended by adding a new section to read:                                                     
11 Sec. 43.23.205. Claim payment. The entire amount of a claim or assignment                                             
12 under AS 43.23.140 - 43.23.200 shall be satisfied from the permanent fund dividend                                      
13 on October 1. Each payment of the dividend under AS 43.23.055(1) shall be reduced                                       
14       proportionately.