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.