00 CS FOR HOUSE BILL NO. 392(JUD) 01 "An Act relating to the confidentiality of permanent fund dividend application 02 information; relating to the permanent fund dividend program; and providing for 03 an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 14.43.120(i) is amended to read: 06 (i) If a loan is in default, the commission shall notify the borrower that 07 repayment of the remaining balance is accelerated and due by sending the borrower 08 a notice by registered or certified mail. The permanent fund dividend of a borrower 09 may be taken under AS 43.23.065(b)(4) [AS 43.23.065(b)(3)] to satisfy the balance 10 due on the defaulted loan. 11 * Sec. 2. AS 43.23.005(a) is amended to read: 12 (a) An individual is eligible to receive one permanent fund dividend each year 13 in an amount to be determined under AS 43.23.025 if the individual 14 (1) [THE INDIVIDUAL] applies to the department; 01 (2) [ON THE DATE OF APPLICATION THE INDIVIDUAL] is a 02 state resident on the date of application; 03 (3) [THE INDIVIDUAL] was a state resident for at least the calendar 04 year immediately preceding January 1 of the current dividend year; 05 (4) [THE INDIVIDUAL] has been physically present in the state at 06 some time during the prior two calendar years before the current dividend year; [AND] 07 (5) [THE INDIVIDUAL] is 08 (A) a citizen of the United States; 09 (B) an alien lawfully admitted for permanent residence in the 10 United States; 11 (C) an alien with refugee status under federal law; or 12 (D) an alien that has been granted asylum under federal law; 13 and 14 (6) was, during the entire period described in (3) of this subsection, 15 present in the state or, if absent, was absent only as allowed in AS 43.23.008. 16 * Sec. 3. AS 43.23.005(c) is amended to read: 17 (c) A parent, guardian, or other authorized representative who meets the 18 requirements of (a)(2) - (6) of this section may claim a permanent fund dividend on 19 behalf of an unemancipated minor or on behalf of a disabled or an incompetent 20 individual who is eligible to receive a payment under this section. Notwithstanding 21 (a)(2) - (4) of this section and AS 43.23.008(b), a minor who is otherwise eligible is 22 eligible for a dividend if, during the two calendar years immediately preceding the 23 current dividend year, the minor was born to or adopted by an individual who is 24 eligible for a dividend for the current dividend year. 25 * Sec. 4. AS 43.23.005(d) is amended to read: 26 (d) Notwithstanding the provisions of (a) - (c) of this section, an individual 27 who has been convicted of a felony is not eligible for a permanent fund dividend for 28 a year when, during all or part of the previous calendar year, as a result of the 29 conviction, the individual is incarcerated. This subsection does not apply if the 30 felony conviction is reversed. An action taken under AS 12.55.085 - 12.55.110 31 does not constitute reversal of a conviction for purposes of this subsection. 01 * Sec. 5. AS 43.23 is amended by adding a new section to read: 02 Sec. 43.23.008. ALLOWABLE ABSENCES. (a) Subject to (b) of this 03 section, an otherwise eligible individual who is absent from the state during the 04 calendar year immediately preceding the current dividend year remains eligible for the 05 dividend if the individual was absent 06 (1) receiving full-time technical training as part of a career education 07 program recognized by the Alaska Commission on Postsecondary Education if the 08 commission informs the department that there is no comparable technical training 09 reasonably available in the state; 10 (2) attending full-time an academic institution, seminar, or other 11 program for continuing professional educational development, including a sabbatical, 12 legal, or accounting program, recognized by the Alaska Commission on Postsecondary 13 Education if the commission informs the department that there is no comparable 14 program reasonably available in the state; 15 (3) attending a special education program to assist in the treatment of 16 learning or physical disabilities or the treatment of mental disorders if attendance is 17 recommended by a licensed physician, psychologist, physical therapist, or the 18 commissioner of education, and if the commissioner of education informs the 19 department that there is no comparable special education program reasonably available 20 in the state; 21 (4) attending full-time at an educational institution in grades 7 through 22 12; 23 (5) attending full-time at an accredited college, university, or junior or 24 community college in a program leading to an associate, baccalaureate, or graduate 25 degree; 26 (6) serving on active duty as a member of the armed forces of the 27 United States; 28 (7) receiving continuous medical treatment recommended by a licensed 29 physician or convalescing as recommended by the physician that treated the illness if 30 the treatment or convalescence is not based on a need for climatic change; 31 (8) accompanying a minor who is absent under (7) of this subsection; 01 (9) serving as a member of the United States Congress; 02 (10) serving on the staff of a member of the United States Congress 03 from the state; 04 (11) serving as a full-time volunteer in the Peace Corps; 05 (12) serving as an employee of the state, including employment in a 06 field office; 07 (13) in the custody of the state; 08 (14) actively participating on a United States national athletic team as 09 an eligible athlete as defined by the International Federation and National Governing 10 Body for each nonprofessional sport; 11 (15) accompanying an eligible individual as the spouse, minor 12 dependent, or disabled dependent of the eligible individual; 13 (16) for a reason consistent with the individual's intent to remain a 14 resident, provided the absence or cumulative absences do not exceed 15 (A) 180 days if the individual is not claiming an absence under 16 (1) - (15) of this subsection and provided that the individual 17 (i) established the individual's principal home in this 18 state before leaving this state; 19 (ii) has not taken an action inconsistent with an intent 20 to maintain the individual's principal home in this state; 21 (iii) has not taken an action to establish or maintain a 22 principal home outside of this state; 23 (iv) returned to the individual's principal home in this 24 state at the conclusion of the absence; 25 (B) the greater of 90 days, one school semester during which 26 the individual was enrolled, or one school quarter during which the individual 27 was enrolled, in addition to any absence or cumulative absences claimed under 28 (1) or (5) of this subsection if the individual is not claiming any absence under 29 (2) - (4) or (6) - (15) of this subsection; or 30 (C) 45 days in addition to any absence or cumulative absences 31 claimed under (1) - (15) of this subsection. 01 (b) An individual who is otherwise eligible and who is absent for more than 02 180 days during the calendar year immediately preceding January 1 of the current 03 dividend year remains eligible for the dividend only if the individual was a resident 04 of the state for at least six consecutive months immediately before leaving the state. 05 * Sec. 6. AS 43.23.015(b) is amended to read: 06 (b) The department shall prescribe and furnish an application form for claiming 07 a permanent fund dividend. The application must include 08 (1) notice of the penalties provided for under AS 43.23.035; [AND 09 CONTAIN] 10 (2) a statement of eligibility and a certification of residency to be 11 signed by the applicant or appropriate representative if the application is filed 12 under AS 43.23.005(c) or 43.23.015(e); and 13 (3) a statement to be signed by 14 (A) two other people who can attest to the eligibility of the 15 applicant; or 16 (B) one other person who can attest to the eligibility of the 17 applicant if the application is filed under AS 43.23.005(c) or 43.23.015(e). 18 * Sec. 7. AS 43.23.035(a) is amended to read: 19 (a) In addition to any criminal penalties imposed by state law, if an individual 20 is convicted of a crime in connection with a false statement made in a certification 21 required under AS 43.23.015, and the conviction is not reversed, that individual forfeits 22 all permanent fund dividends paid and is not eligible for a future permanent fund 23 dividend. An action taken under AS 12.55.085 - 12.55.110 does not constitute 24 reversal of a conviction for purposes of this subsection. 25 * Sec. 8. AS 43.23.035(d) is amended to read: 26 (d) If notice is not sent within the time required under (b) of this section, 27 administrative or judicial proceedings may not be commenced for recovery of an 28 improperly paid dividend. The time limitations of (b) of this section do not apply 29 (1) to a duplicate payment of a dividend; 30 (2) if a dividend is forfeited under (a) of this section; or 31 (3) if it is more probable than not that an individual has committed a 01 crime in connection with a false statement made in an application. 02 * Sec. 9. AS 43.23.035 is amended by adding new subsections to read: 03 (e) Except as provided in (f) of this section, the department may not, during 04 the time in which an appeal may be filed or while an appeal is pending, pay a 05 dividend to an individual who, as a result of a proceeding under this section, owes 06 money to the state. 07 (f) The department shall pay to an individual who is not the subject of a 08 criminal investigation under this section any prior year dividend for which the 09 individual is eligible if, by September 30 of the year following the year for which the 10 dividend is declared, the 11 (1) individual has not exhausted the individual's appeal rights related 12 to the money owed to the state as a result of a proceeding under this section; and 13 (2) department has not issued a formal hearing decision affirming that 14 the individual owes money to the state as a result of a proceeding under this section. 15 * Sec. 10. AS 43.23.055 is amended to read: 16 Sec. 43.23.055. DUTIES OF THE DEPARTMENT. The department shall 17 (1) annually pay permanent fund dividends from the dividend fund; 18 (2) subject to AS 43.23.011 and paragraph (8) of this section, adopt 19 regulations under AS 44.62 (Administrative Procedure Act) that establish procedures 20 and time limits for claiming a permanent fund dividend and for providing missing 21 or additional information; the department shall determine the number of eligible 22 applicants by October 1 of the year for which the dividend is declared and pay the 23 dividends by December 31 of that year; 24 (3) adopt regulations under AS 44.62 (Administrative Procedure Act) 25 that establish procedures and time limits for an individual upon emancipation or upon 26 reaching majority to apply for permanent fund dividends not received during minority 27 because the parent, guardian, or other authorized representative did not apply on behalf 28 of the individual; 29 (4) assist residents of the state, particularly in rural areas, who because 30 of language, disability, or inaccessibility to public transportation need assistance to 31 establish eligibility and to apply for permanent fund dividends; 01 (5) annually determine, in cooperation with the Department of 02 Corrections, the number and identity of individuals ineligible for a permanent fund 03 dividend under AS 43.23.005(d); 04 (6) adopt regulations that are necessary to implement AS 43.23.005(d); 05 (7) adopt regulations that establish procedures for the parent, guardian, 06 or other authorized representative of a disabled individual to apply for prior year 07 permanent fund dividends not received by the disabled individual because no 08 application was submitted on behalf of the individual; 09 (8) adopt regulations that establish procedures for an individual to apply 10 to have a dividend warrant reissued if it is returned to the department as undeliverable 11 or it is not paid within two years of the date of its issuance; however, the department 12 may not establish a time limit within which an application to have a warrant reissued 13 must be filed; 14 (9) adopt regulations establishing an optional longevity bonus program 15 to provide for the direct payment by the department of an individual's permanent fund 16 dividend to an annuity program selected by the individual. 17 * Sec. 11. AS 43.23.065(a) is amended to read: 18 (a) Except as provided in (b) of this section, 45 percent of an individual's 19 [THE ANNUAL] permanent fund dividend [PAYABLE TO AN INDIVIDUAL] is 20 exempt from levy, execution, garnishment, attachment, or any other remedy for the 21 collection of debt. This exemption applies to an eligible individual's permanent fund 22 dividend both before and after payment is made to the individual. No other exemption 23 applies to a dividend. Notwithstanding other laws, a writ of execution upon a dividend 24 that has not been delivered to the debtor may be served on the commissioner by 25 certified mail, return receipt requested. Upon receipt of a writ by certified mail, return 26 receipt requested, the commissioner shall deliver that portion of the dividend executed 27 upon to the court along with the case name and number. 28 * Sec. 12. AS 43.23.065(b) is amended to read: 29 (b) An exemption is not available under this section for permanent fund 30 dividends taken to satisfy 31 (1) amounts owed to the state under AS 43.23.035(a) or (b); 01 (2) child support obligations required by court order or decision of the 02 child support enforcement agency under AS 25.27.140 - 25.27.220; 03 (3) [(2)] court ordered restitution under AS 12.55.045 - 12.55.051 or 04 12.55.100; 05 (4) [(3)] claims on defaulted scholarship loans under AS 43.23.067; 06 (5) [(4)] court ordered fines; or 07 (6) [(5)] a debt, other than a debt under (1) - (5) of this subsection, 08 owed by an eligible individual to an agency of the state, unless the debt is contested 09 and an appeal is pending, or the time limit for filing an appeal has not expired. 10 * Sec. 13. AS 43.23.065(d) is amended to read: 11 (d) The department may not accept an [AN] assignment of a current year 12 dividend or a levy, execution, garnishment, attachment, or other remedy for the 13 collection of debt applied to a current year dividend [FOR A YEAR MAY NOT BE 14 ACCEPTED BY THE DEPARTMENT] before April 1 of the current dividend 15 [THAT SAME] year. AS 09.38.080(c) and 09.38.085 do not apply to a levy on a 16 permanent fund dividend. The department shall include the case number with a 17 dividend or portion of a dividend transmitted to the court in response to a writ of 18 execution or other court order. At the time payment is made to the court, the 19 department shall send to the individual at the address provided in the individual's 20 dividend application and to the court that issued the writ or order a notice that contains 21 (1) notification that all or part of the individual's dividend has been 22 seized under a writ of execution or court order; 23 (2) the name and address of the court that issued the writ or order; 24 (3) the case number for which the writ or order was issued; 25 (4) the amount seized under the writ or order; and 26 (5) notification that the individual has 30 days from the date the notice 27 is mailed in which to file with the court an objection to the seizure if a mistake has 28 been made. 29 * Sec. 14. AS 43.23.069(b) is amended to read: 30 (b) A person may assign the right to receive a permanent fund dividend to a 31 (1) federal, state, or municipal government agency for a debt owed to 01 or administered by the agency; or 02 (2) [TO A] court for a debt owed to the court or a government 03 agency, or for restitution ordered under AS 12.55.045, 12.55.051, or 12.55.100. 04 * Sec. 15. AS 43.23 is amended by adding a new section to read: 05 Sec. 43.23.089. RELEASE OF INFORMATION. (a) Except to the extent 06 required under AS 24.20.271 and AS 24.55.160 - 24.55.170 and as provided in this 07 section, information related to an individual's application or dividend, including a 08 dividend eligibility determination made by the department, is confidential. Except as 09 provided in (e) of this section, the department shall provide information related to an 10 individual's application or dividend to that individual upon the request of that 11 individual. 12 (b) The following information is subject to release by the department under the 13 following conditions: 14 (1) to any person who makes a written request and pays a fee set by 15 the department that does not exceed the actual cost of preparing and copying the 16 information, the names and mailing addresses of applicants; 17 (2) to the court system for use in developing a jury list under 18 AS 09.20.050, the names, mailing addresses, and birth dates of applicants who are 18 19 years old or older; 20 (3) to the division of elections at the discretion of the department for 21 use in voter registration drives, the names, mailing addresses, and birth dates of 22 applicants who are 18 years old or older; 23 (4) to a municipality, the state, or the federal government at the 24 discretion of the department, information for use in the collection of money owed to 25 the requesting government or for use in an investigation by the requesting government; 26 (5) to a process server at the discretion of the department, information 27 related to payments made by the department to the process server; 28 (6) to a person who has filed an application on behalf of another 29 individual, information regarding the eligibility status of that individual; 30 (7) to the office of a legislator or the governor, information regarding 31 an application filed by an individual if the individual has requested assistance from the 01 legislator or the governor in a matter concerning the application. 02 (c) Notwithstanding (b) of this section, the department may release information 03 regarding a bank, credit union, savings and loan, or other financial account of an 04 individual only if the department 05 (1) receives authorization from the individual to release the information; 06 (2) receives a court order directing that the information be released; 07 (3) receives a request from a municipality, the state, or the federal 08 government and the information is sought in connection with a criminal investigation 09 by the requesting government; or 10 (4) makes use of the information to recover an improperly paid 11 dividend or a penalty under AS 43.23.035. 12 (d) The department shall release on request of an adult or emancipated minor 13 information pertaining to all applications filed with the application of the requestor. 14 (e) Notwithstanding other provisions of law and except as required by court 15 order, if an individual who provides the department with information that might 16 disqualify another individual from receiving a dividend requests nondisclosure, the 17 department may not disclose the identity of the individual who provides the 18 information. 19 * Sec. 16. AS 43.23.095 is amended to read: 20 Sec. 43.23.095. DEFINITIONS. In this chapter, 21 (1) "Alaska permanent fund" means the fund established by art. IX, 22 sec. 15 of the state constitution; 23 (2) [REPEALED 24 (3) REPEALED 25 (4)] "disabled" means physically or mentally unable to complete and 26 sign an application due to a serious emotional disturbance, visual, orthopedic, or other 27 health impairment, or developmental disability that is attributable to mental retardation, 28 cerebral palsy, epilepsy, autism or other cause; "disabled" does not mean 29 "incompetent"; 30 (3) [(5)] "dividend fund" means the fund established by AS 43.23.045; 31 (4) [(6)] "individual" means a natural person; 01 (5) [(7)] "permanent fund dividend" means a right to receive a payment 02 from the dividend fund; 03 (6) [(8)] "state resident" means an individual who is physically present 04 in the state with the intent to remain permanently in the state under the requirements 05 of AS 01.10.055 or, if the individual is not physically present in the state, maintains 06 and demonstrates at all times an intent [INTENDS] to return to the state to [AND] 07 remain permanently in the state under the requirements of AS 01.10.055 [, AND IS 08 ABSENT ONLY FOR ANY OF THE FOLLOWING REASONS: 09 (A) VOCATIONAL, PROFESSIONAL, OR OTHER SPECIFIC 10 EDUCATION FOR WHICH A COMPARABLE PROGRAM WAS NOT 11 REASONABLY AVAILABLE IN THE STATE; 12 (B) SECONDARY OR POSTSECONDARY EDUCATION; 13 (C) MILITARY SERVICE; 14 (D) MEDICAL TREATMENT; 15 (E) SERVICE IN CONGRESS; 16 (F) OTHER REASONS WHICH THE COMMISSIONER MAY 17 ESTABLISH BY REGULATION; OR 18 (G) SERVICE IN THE PEACE CORPS; 19 (9) "YEAR" MEANS A CALENDAR YEAR]. 20 * Sec. 17. PERMANENT FUND DIVIDENDS FOR CERTAIN SPOUSES AND 21 DEPENDENTS. Notwithstanding the provision in AS 43.23.015(a) that the residency of an 22 individual's spouse may not be the principal factor relied upon in determining the residency 23 of the individual, an otherwise eligible individual who applied for a 1992 or 1993 permanent 24 fund dividend within the time prescribed by law is eligible for the dividend even if the 25 individual was absent from the state while accompanying as the spouse, minor dependent, or 26 disabled dependent another person who was absent for a reason permitted under former 27 AS 43.23.095(8) and was eligible for that dividend. 28 * Sec. 18. Sections 1 - 3, 5, 6, 10 - 14, and 16 of this Act are retroactive to January 1, 29 1994. 30 * Sec. 19. Sections 1 - 3, 5, 6, and 8 - 18 of this Act take effect immediately under 31 AS 01.10.070(c). 01 * Sec. 20. Sections 4 and 7 of this Act take effect January 1, 1995.