00 HOUSE BILL NO. 216 01 "An Act relating to transfers from the dividend fund; creating the restorative justice 02 account; relating to appropriations from the restorative justice account for payments for 03 and services to crime victims, operating costs of the Violent Crimes Compensation 04 Board, operation of domestic violence and sexual assault programs, mental health 05 services and substance abuse treatment for offenders, and incarceration costs; and 06 providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08  * Section 1. AS 43.23.028 is amended to read: 09 Sec. 43.23.028. Public notice. (a) By October 1 of each year, the 10 commissioner shall give public notice of the value of each permanent fund dividend 11 for that year and notice of the information required to be disclosed under (3) of this 12 subsection. In addition, the stub attached to each individual dividend disbursement 13 advice must 01 (1) disclose the amount of each dividend attributable to income earned 02 by the permanent fund from deposits to that fund required under art. IX, sec. 15, 03 Constitution of the State of Alaska; 04 (2) disclose the amount of each dividend attributable to income earned 05 by the permanent fund from appropriations to that fund and from amounts added to 06 that fund to offset the effects of inflation; 07 (3) disclose the amount by which each dividend has been reduced due 08 to each appropriation from the dividend fund, including amounts to pay the costs of 09 administering the dividend program and the hold harmless provisions of 10 AS 43.23.075; 11 (4) include a statement that an individual is not eligible for a dividend 12 when 13 (A) during the qualifying year, the individual was convicted of 14 a felony; 15 (B) during all or part of the qualifying year, the individual was 16 incarcerated as a result of the conviction of a 17 (i) felony; or 18 (ii) misdemeanor if the individual has been convicted of 19 a prior felony or two or more prior misdemeanors; 20 (5) include a statement that the legislative purpose for making 21 individuals listed under (4) of this subsection ineligible is to 22 (A) provide funds for services for and payments to crime  23 victims and operating costs of the Violent Crimes Compensation Board 24 [OBTAIN REIMBURSEMENT FOR SOME OF THE COSTS IMPOSED ON 25 THE STATE CRIMINAL JUSTICE SYSTEM RELATED TO 26 INCARCERATION OR PROBATION OF THOSE INDIVIDUALS]; 27 (B) provide funds to pay restitution owed to crime victims;  28 (C) provide funds for grants to nonprofit organizations for  29 services to crime victims and for mental health services and substance  30 abuse treatment for offenders;  31 (D) provide funds for services for and payments to crime 01 victims and for grants for the operation of domestic violence and sexual assault 02 programs; and  03 (E) obtain reimbursement for some of the costs imposed on  04 the state criminal justice system related to incarceration or probation of  05 those individuals;  06 (6) disclose the total amount that would have been paid during the 07 previous fiscal year to individuals who were ineligible to receive dividends under 08 AS 43.23.005(d) if they had been eligible; 09 (7) disclose the total amount transferred or appropriated for the 10 current fiscal year under AS 43.23.048 [(b) OF THIS SECTION] for each of the 11 accounts, funds, and agencies listed in AS 43.23.048 [(b) OF THIS SECTION]. 12 (b) To the extent that amounts appropriated for a fiscal year do not exceed the 13 total amount that would have been paid during the previous fiscal year to individuals 14 who were ineligible to receive dividends under AS 43.23.005(d) or under 15 AS 43.23.021(b) if they had been eligible, the notice requirements of (a)(3) of this 16 section do not apply to transfers [APPROPRIATIONS] from the dividend fund to the  17 restorative justice account (AS 43.23.048)  18 [(1) THE CRIME VICTIM COMPENSATION FUND 19 ESTABLISHED UNDER AS 18.67.162 FOR PAYMENTS TO CRIME VICTIMS; 20 (2) THE COUNCIL ON DOMESTIC VIOLENCE AND SEXUAL 21 ASSAULT ESTABLISHED UNDER AS 18.66.010 FOR GRANTS FOR THE 22 OPERATION OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT 23 PROGRAMS; 24 (3) THE DEPARTMENT OF CORRECTIONS FOR 25 INCARCERATION AND PROBATION PROGRAMS; 26 (4) THE OFFICE OF VICTIMS' RIGHTS; 27 (5) NONPROFIT VICTIMS' RIGHTS ORGANIZATIONS FOR 28 GRANTS FOR SERVICES TO CRIME VICTIMS; OR 29 (6) THE DEPARTMENT OF REVENUE FOR GRANTS TO MINOR 30 CHILDREN OF INCARCERATED INDIVIDUALS UNDER A GRANT 31 PROGRAM ESTABLISHED BY REGULATIONS OF THE DEPARTMENT OF 01 REVENUE UNDER AS 44.62 (ADMINISTRATIVE PROCEDURE ACT)]. 02  * Sec. 2. AS 43.23 is amended by adding a new section to read: 03 Sec. 43.23.048. Restorative justice account. (a) The restorative justice  04 account is created as a separate account in the dividend fund. The commissioner shall 05 transfer from the dividend fund to the restorative justice account each fiscal year an 06 amount equal to the amount that would have been paid during the previous fiscal year 07 to individuals who were ineligible to receive dividends under AS 43.23.005(d) if they 08 had been eligible. 09 (b) The legislature may appropriate amounts from the account to the following 10 recipients in the priority order listed: 11 (1) crime victim compensation fund established under AS 18.67.162 12 for payments to crime victims and for operating costs of the Violent Crimes 13 Compensation Board; 14 (2) Alaska Court System to pay the outstanding balances on orders of 15 restitution as provided in (c) of this section; 16 (3) nonprofit organizations for grants for mental health services and 17 substance abuse treatment for offenders; 18 (4) nonprofit organizations to provide grants for services to crime 19 victims and domestic violence and sexual assault programs; and 20 (5) Department of Corrections for costs related to incarceration or 21 probation. 22 (c) The Alaska Court System is authorized to pay the outstanding balances on 23 orders of restitution under AS 12.55.045 or AS 47.12.120. The Alaska Court System 24 shall adopt a policy to determine the order of priority for payment of restitution 25 balances. 26 (d) A person who is subject to an order of restitution all or part of which is 27 paid under this section shall reimburse the state for the amount paid by the state. The 28 state may enforce payment of reimbursement under this subsection as if the 29 reimbursement were a civil judgment enforceable by execution. 30 (e) Nothing in this section creates a dedicated fund. 31  * Sec. 3. AS 43.23.055 is amended to read: 01 Sec. 43.23.055. Duties of the department. The department shall 02 (1) annually pay permanent fund dividends from the dividend fund; 03 (2) subject to AS 43.23.011 and [PARAGRAPH] (8) of this section, 04 adopt regulations under AS 44.62 (Administrative Procedure Act) that establish 05 procedures and time limits for claiming a permanent fund dividend; the department 06 shall determine the number of eligible applicants by October 1 of the year for which 07 the dividend is declared and pay the dividends by December 31 of that year; 08 (3) adopt regulations under AS 44.62 (Administrative Procedure Act) 09 that establish procedures and time limits for an individual upon emancipation or upon 10 reaching majority to apply for permanent fund dividends not received during minority 11 because the parent, guardian, or other authorized representative did not apply on 12 behalf of the individual; 13 (4) assist residents of the state, particularly in rural areas, who, because 14 of language, disability, or inaccessibility to public transportation, need assistance to 15 establish eligibility and to apply for permanent fund dividends; 16 (5) use a list of individuals ineligible for a dividend under 17 AS 43.23.005(d) provided annually by the Department of Corrections and the 18 Department of Public Safety to determine the number and identity of those 19 individuals; 20 (6) adopt regulations that are necessary to implement AS 43.23.005(d) 21 and 43.23.048; 22 (7) adopt regulations that establish procedures for the parent, guardian, 23 or other authorized representative of a disabled individual to apply for prior year 24 permanent fund dividends not received by the disabled individual because no 25 application was submitted on behalf of the individual; 26 (8) adopt regulations that establish procedures for an individual to 27 apply to have a dividend disbursement under AS 37.25.050(a)(2) reissued if it is not 28 collected within two years after the date of its issuance; however, the department may 29 not establish a time limit within which an application to have a disbursement reissued 30 must be filed; 31 (9) provide any information, upon request, contained in permanent 01 fund dividend records to the child support services agency created in AS 25.27.010, or 02 the child support enforcement agency of another state, for child support purposes 03 authorized under law; if the information is contained in an electronic data base, the 04 department shall provide the requesting agency with either 05 (A) access to the data base; or 06 (B) a copy of the information in the data base and a statement 07 certifying its contents; 08 (10) establish a fraud investigation unit for the purpose of assisting the 09 (A) Department of Law in the prosecution of individuals who 10 apply for or obtain a permanent fund dividend in violation of a provision in 11 AS 11, by detecting and investigating those crimes; and 12 (B) commissioner to detect and investigate the claiming or 13 paying of permanent fund dividends that should not have been claimed by or 14 paid to an individual and to impose the penalties and enforcement provisions 15 under AS 43.23.035. 16  * Sec. 4. This Act takes effect July 1, 2017.