HCS SB 135(FIN) AM H(EFD FLD S): "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."
00HOUSE CS FOR SENATE BILL NO. 135(FIN) am H(efd fld S) 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." 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) reimbursement for some of the costs imposed on the state criminal justice 11 system related to apprehension, prosecution, conviction, incarceration, or probation of 12 individuals convicted of a felony and individuals who are chronic misdemeanants as 13 demonstrated by their being incarcerated as a result of a third or subsequent misdemeanor 14 conviction.
01 * Sec. 2. AS 43.23.005(d) is amended to read: 02 (d) Notwithstanding the provisions of (a) - (c) of this section, an individual 03 [WHO HAS BEEN CONVICTED OF A FELONY] is not eligible for a permanent 04 fund dividend for a dividend year when 05 (1) during the calendar year immediately preceding that dividend 06 year the individual was convicted of a felony; 07 (2) [,] during all or part of the [PREVIOUS] calendar year immediately 08 preceding that dividend year, as a result of the conviction of a felony the individual 09 was [IS] incarcerated; or 10 (3) during all or part of the calendar year immediately preceding 11 that dividend year, as a result of a third or subsequent conviction of a 12 misdemeanor, the individual was incarcerated. 13 * Sec. 3. AS 43.23.028 is amended to read: 14 Sec. 43.23.028. PUBLIC NOTICE. (a) By October 1 of each year, the 15 commissioner shall give public notice of the value of each permanent fund dividend 16 for that year. The notice and the stub attached to each individual dividend check must 17 [DISCLOSE THE AMOUNT] 18 (1) disclose the amount of each dividend attributable to income earned 19 by the permanent fund from deposits to that fund required under art. IX, sec. 15, 20 Constitution of the State of Alaska; 21 (2) disclose the amount of each dividend attributable to income earned 22 by the permanent fund from appropriations to that fund and from amounts added to 23 that fund to offset the effects of inflation; [AND] 24 (3) disclose the amount by which each dividend has been reduced due 25 to each appropriation from the dividend fund, including amounts to pay the costs of 26 administering the dividend program and the hold harmless provisions of AS 43.23.075; 27 (4) disclose the total amount that would have been paid during the 28 current fiscal year to individuals who are ineligible to receive dividends under 29 AS 43.23.005(d) if they had been eligible; 30 (5) include a statement that an individual is not eligible for this 31 dividend when
01 (A) during the calendar year immediately preceding this 02 dividend year the individual was convicted of a felony; 03 (B) during all or part of the calendar year immediately 04 preceding this dividend year, as a result of the conviction of a felony, the 05 individual was incarcerated; or 06 (C) during all or part of the calendar year immediately 07 preceding this dividend year, as a result of a third or subsequent 08 conviction of a misdemeanor, the individual was incarcerated; 09 (6) include a statement that the legislative purpose for making 10 individuals listed under (5) of this subsection ineligible is reimbursement for some 11 of the costs imposed on the state criminal justice system related to apprehension, 12 prosecution, conviction, incarceration, or probation of individuals convicted of 13 a felony and individuals who are chronic misdemeanants as demonstrated by their 14 being incarcerated as a result of a third or subsequent misdemeanor conviction; 15 and 16 (7) disclose the total amount appropriated for the current fiscal 17 year under (b) of this section for each of the separate categories listed. 18 (b) To the extent that amounts appropriated for a fiscal year do not 19 exceed the total amount that would have been paid during that same fiscal year 20 to individuals who are ineligible to receive dividends under AS 43.23.005(d) if they 21 had been eligible, the [THE] notice requirements of (a)(3) [(a)] of this section do not 22 apply to appropriations from the dividend fund to the 23 (1) crime victim compensation fund established under AS 18.67.162; 24 (2) [, TO THE] council on domestic violence and sexual assault 25 established under AS 18.66.010; 26 (3) Department of Public Safety for criminal investigations and 27 apprehensions; 28 (4) Department of Law for criminal prosecutions; [,] or 29 (5) [TO THE] Department of Corrections [TO THE EXTENT THAT 30 AMOUNTS APPROPRIATED FOR A FISCAL YEAR DO NOT EXCEED THE 31 TOTAL AMOUNT THAT WOULD HAVE BEEN PAID DURING THE PREVIOUS
01 FISCAL YEAR TO INDIVIDUALS WHO ARE INELIGIBLE TO RECEIVE 02 DIVIDENDS UNDER AS 43.23.005(d) IF THEY HAD BEEN ELIGIBLE]. 03 * Sec. 4. AS 43.23.028 is amended by adding a new subsection to read: 04 (c) The governor may submit recommendations to the legislature regarding 05 appropriations to be made under (b) of this section. 06 * Sec. 5. AS 43.23.055 is amended to read: 07 Sec. 43.23.055. DUTIES OF THE DEPARTMENT. The department shall 08 (1) annually pay permanent fund dividends from the dividend fund; 09 (2) subject to AS 43.23.011 and paragraph (8) of this section, adopt 10 regulations under AS 44.62 (Administrative Procedure Act) that establish procedures 11 and time limits for claiming a permanent fund dividend; the department shall determine 12 the number of eligible applicants by October 1 of the year for which the dividend is 13 declared and pay the dividends by December 31 of that year; 14 (3) adopt regulations under AS 44.62 (Administrative Procedure Act) 15 that establish procedures and time limits for an individual upon emancipation or upon 16 reaching majority to apply for permanent fund dividends not received during minority 17 because the parent, guardian, or other authorized representative did not apply on behalf 18 of the individual; 19 (4) assist residents of the state, particularly in rural areas, who because 20 of language, disability, or inaccessibility to public transportation need assistance to 21 establish eligibility and to apply for permanent fund dividends; 22 (5) use a list of individuals ineligible for a dividend under 23 AS 43.23.005(d) provided annually by [ANNUALLY DETERMINE, IN 24 COOPERATION WITH] the Department of Corrections and the Department of 25 Public Safety to determine [,] the number and identity of those individuals 26 [INELIGIBLE FOR A PERMANENT FUND DIVIDEND UNDER AS 43.23.005(d)]; 27 (6) adopt regulations that are necessary to implement AS 43.23.005(d); 28 (7) adopt regulations that establish procedures for the parent, guardian, 29 or other authorized representative of a disabled individual to apply for prior year 30 permanent fund dividends not received by the disabled individual because no 31 application was submitted on behalf of the individual;
01 (8) adopt regulations that establish procedures for an individual to apply 02 to have a dividend warrant reissued if it is returned to the department as undeliverable 03 or it is not paid within two years of the date of its issuance; however, the department 04 may not establish a time limit within which an application to have a warrant reissued 05 must be filed; 06 (9) adopt regulations establishing an optional longevity bonus program 07 to provide for the direct payment by the department of an individual's permanent fund 08 dividend to an annuity program selected by the individual. 09 * Sec. 6. Notwithstanding the amendment to AS 43.23.005(d) made in sec. 2 of this Act, 10 for purposes of determining eligibility for 1996 dividends, AS 43.23.005(d) shall be applied 11 as though it had not been amended by this Act. The amendments made by sec. 2 of this Act 12 apply only to individuals convicted of offenses committed after the effective date of that bill 13 section. Convictions for offenses committed before the effective date of that bill section may 14 not be considered in determining the number of prior convictions for purposes of applying 15 AS 43.23.005(d)(3). 16 * Sec. 7. Notwithstanding the amendment to AS 43.23.028(b) made in sec. 3 of this Act, 17 the notice requirements of AS 43.23.028(a)(3) do not apply to appropriations from the 18 dividend fund made for fiscal year 1996 to the crime victim compensation fund established 19 under AS 18.67.162, to the Council on Domestic Violence and Sexual Assault established 20 under AS 18.66.010, to the Department of Public Safety, to the Department of Law, or to the 21 Department of Corrections to the extent that amounts appropriated do not exceed the total 22 amount that would have been paid during fiscal year 1995 and fiscal year 1996 to individuals 23 who are ineligible to receive dividends under AS 43.23.005(d) if they had been eligible. 24 * Sec. 8. Sections 3 and 5 of this Act are retroactive to January 1, 1995.