Legislature(2007 - 2008)

2008-04-07 House Journal

Full Journal pdf

2008-04-07                     House Journal                      Page 2700
HB 366                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
     HOUSE BILL NO. 366                                                                                                         
     "An Act relating to an exemption from public disclosure of certain                                                         
     appropriations from the dividend fund; and providing for an                                                                
     effective date."                                                                                                           
                                                                                                                                
with the:                                                    Journal Page                                                       
                                                                                                                                
 STA RPT 2DP 4NR                                                     2380                                                       
 FN1: ZERO(COR)                                                      2380                                                       
 FN2: ZERO(REV)                                                      2380                                                       
 FIN RPT 3DP 6NR                                                     2602                                                       
 FN2: ZERO(REV)                                                      2602                                                       
 FN3: ZERO(COR)                                                      2602                                                       
                                                                                                                                
Amendment No. 1 was offered  by Representatives Chenault and                                                                     
Crawford:                                                                                                                       
                                                                                                                                
Page 1, line 2, following "fund;" (title amendment):                                                                          
 Insert "relating to execution upon permanent fund dividends                                                                  
by civilian process servers using electronic procedures; amending                                                             
Rule 89, Alaska Rules of Civil Procedure;"                                                                                    
                                                                                                                                
Page 2, following line 8:                                                                                                       
 Insert new bill sections to read:                                                                                              
   "* Sec. 2. AS 43.23.065(a) is amended to read:                                                                             
      (a) Except as provided in (b) of this section, 20 percent of the                                                          
     annual permanent fund dividend payable to an individual is                                                                 
     exempt from levy, execution, garnishment, attachment, or any                                                               

2008-04-07                     House Journal                      Page 2701
     other remedy for the collection of debt. No other exemption                                                                
     applies to a dividend. Notwithstanding other laws, a writ of                                                               
     execution upon a dividend that has not been delivered to the                                                               
     debtor may be served on the commissioner by                                                                                
       (1) certified mail, return receipt requested; or                                                                 
       (2) a civilian process server licensed by the                                                                        
     commissioner of public safety using electronic execution                                                               
     procedures, as provided under regulations adopted by the                                                               
     department [. UPON RECEIPT OF A WRIT BY CERTIFIED                                                                      
     MAIL, RETURN RECEIPT REQUESTED, THE                                                                                        
     COMMISSIONER SHALL DELIVER THAT PORTION OF                                                                                 
     THE DIVIDEND EXECUTED UPON TO THE COURT                                                                                    
     ALONG WITH THE CASE NAME AND NUMBER].                                                                                      
   * Sec. 3. AS 43.23.065(d) is amended to read:                                                                              
      (d) An assignment of or levy, execution, garnishment,                                                                     
     attachment, or other remedy for the collection of debt applied to a                                                        
     dividend for a year may not be accepted by the department before                                                           
     April 1 of that same year. AS 09.38.080(c) and 09.38.085 do not                                                            
     apply to a levy on a permanent fund dividend. Upon receipt of a                                                        
     writ of execution under (a) of this section or another court                                                           
     order, the commissioner shall deliver to the court that portion                                                        
     of the dividend executed upon along with the case name and                                                             
     number. [THE DEPARTMENT SHALL INCLUDE THE CASE                                                                         
     NUMBER WITH A DIVIDEND OR PORTION OF A                                                                                     
     DIVIDEND TRANSMITTED TO THE COURT IN RESPONSE                                                                              
     TO A WRIT OF EXECUTION OR OTHER COURT ORDER.]                                                                              
     At the time payment is made to the court, the department shall                                                             
     send to the individual at the address provided in the individual's                                                         
     dividend application and to the court that issued the writ or order a                                                      
     notice that contains                                                                                                       
       (1) notification that all or part of the individual's dividend                                                           
     has been seized under a writ of execution or court order;                                                                  
       (2) the name and address of the court that issued the writ                                                               
     or order;                                                                                                                  
       (3) the case number for which the writ or order was                                                                      
     issued;                                                                                                                    
       (4) the amount seized under the writ or order; and                                                                       
       (5) notification that the individual has 30 days from the                                                                
     date the notice is mailed in which to file with the court an                                                               
     objection to the seizure if a mistake has been made.                                                                       

2008-04-07                     House Journal                      Page 2702
   * Sec. 4. The uncodified law of the State of Alaska is amended by                                                          
adding a new section to read:                                                                                                   
 INDIRECT COURT RULE AMENDMENT. The provisions of                                                                               
secs. 2 and 3 of this Act have the effect of changing Rule 89, Alaska                                                           
Rules of Civil Procedure, by allowing a civilian process server                                                                 
licensed by the commissioner of public safety to execute upon an                                                                
Alaska Permanent Fund dividend by electronic means in accordance                                                                
with regulations adopted by the Department of Revenue.                                                                          
   * Sec. 5. The uncodified law of the State of Alaska is amended by                                                          
adding a new section to read:                                                                                                   
 CONDITIONAL EFFECT. The amendments to AS 43.23.065                                                                             
made by secs. 2 and 3 of this Act take effect only if sec. 4 of this Act                                                        
receives the two-thirds majority vote of each house required by art. IV,                                                        
sec. 15, Constitution of the State of Alaska."                                                                                  
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 2, line 9:                                                                                                                 
 Delete "This Act"                                                                                                              
 Insert "Section 1 of this Act"                                                                                                 
                                                                                                                                
Page 2, following line 9:                                                                                                       
 Insert a new bill section to read:                                                                                             
   "* Sec. 7. If, under sec. 5 of this Act, secs. 2 and 3 of this Act take                                                    
effect, they take effect January 1, 2009."                                                                                      
                                                                                                                                
Representative Crawford moved and asked unanimous consent that                                                                  
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
                                                                                                                                
Objection was heard and withdrawn.  There being no further objection,                                                           
Amendment No. 1 was adopted and the new title follows:                                                                          
                                                                                                                                
     HOUSE BILL NO. 366 am                                                                                                      
     "An Act relating to an exemption from public disclosure of certain                                                         
     appropriations from the dividend fund; relating to execution upon                                                          
     permanent fund dividends by civilian process servers using                                                                 
     electronic procedures; amending Rule 89, Alaska Rules of Civil                                                             
     Procedure; and providing for an effective date."                                                                           
                                                                                                                                

2008-04-07                     House Journal                      Page 2703
Representative Samuels moved and asked unanimous consent that                                                                   
HB 366 am be considered engrossed, advanced to third reading, and                                                               
placed on final passage.  There being no objection, it was so ordered.                                                          
                                                                                                                                
HB 366 am was read the third time.                                                                                              
                                                                                                                                
The question being:  "Shall HB 366 am pass the House?"  The roll was                                                            
taken with the following result:                                                                                                
                                                                                                                                
HB 366 am                                                                                                                       
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  37   NAYS:  0   EXCUSED:  1   ABSENT:  2                                                                               
                                                                                                                                
Yeas:  Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll,                                                              
Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg,                                                                    
Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule,                                                                   
Kawasaki, Keller, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman,                                                                
Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas                                                                  
                                                                                                                                
Excused:  Foster                                                                                                                
                                                                                                                                
Absent:  Kelly, Wilson                                                                                                          
                                                                                                                                
And so, HB 366 am passed the House.                                                                                             
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
roll call on the passage of the bill be considered the roll call on the                                                         
effective date clause.  There being no objection, it was so ordered.                                                            
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
roll call on the passage of the bill be considered the roll call on the                                                         
court rule change.  There being no objection, it was so ordered.                                                                
                                                                                                                                
Representative Crawford gave notice of reconsideration of the vote on                                                           
HB 366 am.