HB 108: "An Act relating to claims on permanent fund dividends for defaulted public assistance overpayments."
00HOUSE BILL NO. 108 01 "An Act relating to claims on permanent fund dividends for defaulted public 02 assistance overpayments." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 43.23 is amended by adding a new section to read: 05 Sec. 43.23.068. CLAIMS ON DEFAULTED PUBLIC ASSISTANCE 06 OVERPAYMENT. (a) AS 09.38 does not apply to permanent fund dividends taken 07 under AS 47.05.080(b). Notwithstanding AS 09.35, execution on a dividend claimed 08 under AS 47.05.080(b) is accomplished by delivering a certified claim to the 09 department containing the following information: 10 (1) the name and social security number of the individual whose 11 dividend is being claimed; 12 (2) the amount the individual owes on the overpayment claim; and 13 (3) a statement that 14 (A) the Department of Health and Social Services has notified
01 the individual that future permanent fund dividends of the individual will be 02 taken to satisfy the overpayment claim; 03 (B) the individual was notified of the right to request a hearing 04 and allowed 30 days from the date of the notice under (A) of this paragraph to 05 request the Department of Health and Social Services to hold a hearing on the 06 overpayment claim; 07 (C) the overpayment claim has not been contested, or, if 08 contested, that the issue has been resolved in favor of the Department of Health 09 and Social Services; and 10 (D) if the overpayment claim has been contested and resolved 11 in favor of the Department of Health and Social Services, no appeal is pending, 12 the time limit for filing an appeal has expired, or the appeal has been resolved 13 in favor of the Department of Health and Social Services. 14 (b) The Department of Health and Social Services shall notify the individual 15 if a dividend is claimed under (a) of this section. The notice shall be sent to the 16 address provided in the individual's permanent fund dividend application and must 17 provide the following information: 18 (1) the amount of the overpayment claim; 19 (2) notice that the amount of the permanent fund dividend that does not 20 exceed the amount of the overpayment claim shall be paid to the Department of Health 21 and Social Services; and 22 (3) notification that the individual has a right to request a hearing and 23 has 30 days from the date the notice is mailed in which to file with the Department 24 of Health and Social Services an objection to the dividend claim if a mistake has been 25 made. 26 (c) AS 44.62.330 - 44.62.630 apply to a hearing requested by an individual 27 under (b)(3) of this section. 28 * Sec. 2. AS 47.05.080 is amended by adding a new subsection to read: 29 (b) The permanent fund dividend of a former recipient of a public assistance 30 program listed under (a) of this section may be taken under AS 43.23.065(b)(6) and 31 43.23.068 to satisfy the balance due on a defaulted overpayment claim.