00SENATE BILL NO. 254                                                                                                   
01 "An Act relating to levy, execution, garnishment, attachment, or other remedy for                                       
02 the collection of debt as applied to a permanent fund dividend."                                                        
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 43.23.065(a) is amended to read:                                                                  
05  (a)  Subject to  [EXCEPT AS PROVIDED IN] (b) of this section,  100  [45]                                          
06 percent of the annual permanent fund dividend payable to an individual  may be taken                                   
07 through  [IS EXEMPT FROM] levy, execution, garnishment, attachment, or any other                                       
08 remedy for the collection of debt ,  [.  THIS EXEMPTION APPLIES TO AN                                                 
09 ELIGIBLE INDIVIDUAL'S PERMANENT FUND DIVIDEND] both before and after                                                    
10 payment is made to the individual.  No [OTHER] exemption applies to a dividend.                                         
11 Notwithstanding other laws, a writ of execution upon a dividend that has not been                                       
12 delivered to the debtor may be served on the commissioner by certified mail, return                                     
13 receipt requested.  Upon receipt of a writ by certified mail, return receipt requested,                                 
14 the commissioner shall deliver that portion of the dividend executed upon to the court                                  

01 along with the case name and number.                                                                                    
02    * Sec. 2.  AS 43.23.065(b) is amended to read:                                                                     
03  (b)  Whether payments are sought through legal actions for the collection                                            
04 of debts or through assignments from the debtor, the following claims have                                              
05 priority in the order listed over other claims on a permanent fund dividend:  [AN                                      
06 EXEMPTION IS NOT AVAILABLE UNDER THIS SECTION FOR PERMANENT                                                             
07 FUND DIVIDENDS TAKEN TO SATISFY]                                                                                        
08   (1)  child support obligations required by court order or decision of the                                            
09 child support enforcement agency under AS 25.27.140 - 25.27.220;                                                        
10   (2)  court ordered restitution under AS 12.55.045 - 12.55.051, 12.55.100,                                            
11 or AS 47.12.120(b)(4);                                                                                                  
12   (3)  claims on defaulted scholarship loans under AS 43.23.067;                                                       
13   (4)  court ordered fines;                                                                                            
14   (5)  writs of execution under AS 09.35 of a judgment that is entered                                                 
15   (A)  against a minor in a civil action to recover damages and                                                       
16 court costs;                                                                                                            
17   (B)  under AS 34.50.020 against the parent, parents, or legal                                                       
18 guardian of an unemancipated minor;                                                                                     
19   (6)  a debt owed by an eligible individual to an agency of the state,                                                
20 unless the debt is contested and an appeal is pending, or the time limit for filing an                                  
21 appeal has not expired;                                                                                                 
22   (7)  a debt owed to a person for a program for the rehabilitation of                                                 
23 perpetrators of domestic violence required under AS 12.55.101, AS 18.66.100(c)(15),                                     
24 AS 25.20.061(3), or AS 33.16.150(f)(2).                                                                                 
25    * Sec. 3.  AS 09.38.015(a)(10) and AS 43.23.065(c) are repealed.