CSSB 378(FIN) AM: "An Act relating to permanent fund dividend program notice requirements, to the ineligibility for dividends of individuals convicted of felonies or incarcerated for misdemeanors, and to the determination of the number and identity of certain ineligible individuals; and providing for an effective date."
00CS FOR SENATE BILL NO. 378(FIN) am 01 "An Act relating to permanent fund dividend program notice requirements, to the 02 ineligibility for dividends of individuals convicted of felonies or incarcerated for 03 misdemeanors, and to the determination of the number and identity of certain 04 ineligible individuals; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. PURPOSES. The purposes of the amendments made to AS 43.23.005(d) and 07 43.23.028(b) in this Act are to obtain 08 (1) a source of additional funding for the state agencies listed in 09 AS 43.23.028(b); and 10 (2) full or partial reimbursement from individuals convicted of a felony or 11 misdemeanor for costs imposed on the state criminal justice system related to convictions and 12 incarcerations. 13 * Sec. 2. AS 43.23.005(d) is amended to read: 14 (d) Notwithstanding the provisions of (a) - (c) of this section, an individual
01 [WHO HAS BEEN CONVICTED OF A FELONY] is not eligible for a permanent 02 fund dividend for a dividend year when 03 (1) during the calendar year immediately preceding that dividend 04 year the individual was convicted of a felony; 05 (2) [,] during all or part of the [PREVIOUS] calendar year immediately 06 preceding that dividend year, as a result of the conviction of a felony the individual 07 was [IS] incarcerated; or 08 (3) during all or part of the calendar year immediately preceding 09 that dividend year, as a result of a third or subsequent conviction of a 10 misdemeanor, the individual was incarcerated; for purposes of applying this 11 paragraph only convictions that occur on or after January 1, 1993, may be 12 considered. 13 * Sec. 3. AS 43.23.028(b) is amended to read: 14 (b) The notice requirements of (a) of this section do not apply to 15 appropriations from the dividend fund to the crime victim compensation fund 16 established under AS 18.67.162, to the council on domestic violence and sexual assault 17 established under AS 18.66.010, to the Department of Revenue for the satisfaction 18 of child support obligations of individuals who are not eligible for a dividend 19 under AS 43.23.005(d) but are otherwise eligible, or to the Department of 20 Corrections to the extent that amounts appropriated for a fiscal year do not exceed the 21 total amount that would have been paid during that same [THE PREVIOUS] fiscal 22 year to individuals who are ineligible to receive dividends under AS 43.23.005(d) if 23 they had been eligible. 24 * Sec. 4. AS 43.23.055 is amended to read: 25 Sec. 43.23.055. DUTIES OF THE DEPARTMENT. The department shall 26 (1) annually pay permanent fund dividends from the dividend fund; 27 (2) subject to AS 43.23.011 and paragraph (8) of this section, adopt 28 regulations under AS 44.62 (Administrative Procedure Act) that establish procedures 29 and time limits for claiming a permanent fund dividend; the department shall determine 30 the number of eligible applicants by October 1 of the year for which the dividend is 31 declared and pay the dividends by December 31 of that year;
01 (3) adopt regulations under AS 44.62 (Administrative Procedure Act) 02 that establish procedures and time limits for an individual upon emancipation or upon 03 reaching majority to apply for permanent fund dividends not received during minority 04 because the parent, guardian, or other authorized representative did not apply on behalf 05 of the individual; 06 (4) assist residents of the state, particularly in rural areas, who because 07 of language, disability, or inaccessibility to public transportation need assistance to 08 establish eligibility and to apply for permanent fund dividends; 09 (5) use a list of individuals ineligible for a dividend under 10 AS 43.23.005(d) provided annually by [ANNUALLY DETERMINE, IN 11 COOPERATION WITH] the Department of Corrections and the Department of 12 Public Safety to determine [,] the number and identity of those individuals 13 [INELIGIBLE FOR A PERMANENT FUND DIVIDEND UNDER AS 43.23.005(d)]; 14 (6) adopt regulations that are necessary to implement AS 43.23.005(d); 15 (7) adopt regulations that establish procedures for the parent, guardian, 16 or other authorized representative of a disabled individual to apply for prior year 17 permanent fund dividends not received by the disabled individual because no 18 application was submitted on behalf of the individual; 19 (8) adopt regulations that establish procedures for an individual to apply 20 to have a dividend warrant reissued if it is returned to the department as undeliverable 21 or it is not paid within two years of the date of its issuance; however, the department 22 may not establish a time limit within which an application to have a warrant reissued 23 must be filed; 24 (9) adopt regulations establishing an optional longevity bonus program 25 to provide for the direct payment by the department of an individual's permanent fund 26 dividend to an annuity program selected by the individual. 27 * Sec. 5. Notwithstanding the amendment to AS 43.23.005(d) made in sec. 2 of this Act, 28 for purposes of determining eligibility for 1995 dividends, AS 43.23.005(d) shall be applied 29 as though it had not been amended by this Act. 30 * Sec. 6. Notwithstanding the amendment to AS 43.23.028(b) made in sec. 3 of this Act, 31 the notice requirements of AS 43.23.028(a) do not apply to appropriations from the dividend
01 fund made for fiscal year 1995 to the crime victim compensation fund established under 02 AS 18.67.162, to the Council on Domestic Violence and Sexual Assault established under 03 AS 18.66.010, to the court system, to the Department of Revenue for the satisfaction of child 04 support obligations of individuals who are not eligible for a dividend under AS 43.23.005(d) 05 but are otherwise eligible, or to the Department of Corrections to the extent that amounts 06 appropriated do not exceed the total amount that would have been paid during fiscal year 1994 07 and fiscal year 1995 to individuals who are ineligible to receive dividends under 08 AS 43.23.005(d) if they had been eligible. 09 * Sec. 7. Sections 3 and 4 of this Act are retroactive to January 1, 1994. 10 * Sec. 8. Sections 1, 3, 4, 6, and 7 of this Act take effect immediately under 11 AS 01.10.070(c). 12 * Sec. 9. Sections 2 and 5 of this Act take effect January 1, 1995.