CSSB 104(FIN): "An Act relating to appropriations from the dividend fund; creating the criminal fund; relating to appropriations from the criminal fund for payments for crime victims, operating costs of the Violent Crimes Compensation Board, grants for the operation of sexual assault response teams and domestic violence intervention projects, and incarceration costs; and providing for an effective date."
00 CS FOR SENATE BILL NO. 104(FIN) 01 "An Act relating to appropriations from the dividend fund; creating the criminal fund; 02 relating to appropriations from the criminal fund for payments for crime victims, 03 operating costs of the Violent Crimes Compensation Board, grants for the operation of 04 sexual assault response teams and domestic violence intervention projects, and 05 incarceration costs; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 43.23.028 is amended to read: 08 Sec. 43.23.028. Public notice. (a) By October 1 of each year, the 09 commissioner shall give public notice of the value of each permanent fund dividend 10 for that year and notice of the information required to be disclosed under (3) of this 11 subsection. In addition, the stub attached to each individual dividend disbursement 12 advice must 13 (1) disclose the amount of each dividend attributable to income earned
01 by the permanent fund from deposits to that fund required under art. IX, sec. 15, 02 Constitution of the State of Alaska; 03 (2) disclose the amount of each dividend attributable to income earned 04 by the permanent fund from appropriations to that fund and from amounts added to 05 that fund to offset the effects of inflation; 06 (3) disclose the amount by which each dividend has been reduced due 07 to each appropriation from the dividend fund, including amounts to pay the costs of 08 administering the dividend program and the hold harmless provisions of 09 AS 43.23.075; 10 (4) include a statement that an individual is not eligible for a dividend 11 when 12 (A) during the qualifying year, the individual was convicted of 13 a felony; 14 (B) during all or part of the qualifying year, the individual was 15 incarcerated as a result of the conviction of a 16 (i) felony; or 17 (ii) misdemeanor if the individual has been convicted of 18 a prior felony or two or more prior misdemeanors; 19 (5) include a statement that the legislative purpose for making 20 individuals listed under (4) of this subsection ineligible is to 21 (A) provide funds for services for and payments to crime 22 victims and operating costs of the Violent Crimes Compensation Board 23 [OBTAIN REIMBURSEMENT FOR SOME OF THE COSTS IMPOSED ON 24 THE STATE CRIMINAL JUSTICE SYSTEM RELATED TO 25 INCARCERATION OR PROBATION OF THOSE INDIVIDUALS]; 26 (B) make grants for the operation of sexual assault 27 response teams and domestic violence intervention projects; and 28 (C) obtain reimbursement for some of the costs of 29 incarceration or probation of the individuals [PROVIDE FUNDS FOR 30 SERVICES FOR AND PAYMENTS TO CRIME VICTIMS AND FOR 31 GRANTS FOR THE OPERATION OF DOMESTIC VIOLENCE AND
01 SEXUAL ASSAULT PROGRAMS]; 02 (6) disclose the total amount that would have been paid during the 03 previous fiscal year to individuals who were ineligible to receive dividends under 04 AS 43.23.005(d) if they had been eligible; 05 (7) disclose the total amount appropriated for the current fiscal year 06 under AS 43.23.031 and (b) of this section for each of the funds and agencies listed in 07 AS 43.23.031 and (b) of this section. 08 (b) To the extent that amounts appropriated for a fiscal year do not exceed the 09 total amount that would have been paid during the previous fiscal year to individuals 10 who were ineligible to receive dividends under AS 43.23.005(d) or under 11 AS 43.23.021(b) if they had been eligible, the notice requirements of (a)(3) of this 12 section do not apply to appropriations from the dividend fund to the criminal fund 13 (AS 43.23.048) or, after the appropriation to the criminal fund, to 14 (1) the crime victim compensation fund established under 15 AS 18.67.162 for payments to crime victims and for the operating costs of the 16 Violent Crimes Compensation Board; 17 (2) the Council on Domestic Violence and Sexual Assault established 18 under AS 18.66.010 for grants for the operation of [DOMESTIC VIOLENCE AND] 19 sexual assault response teams and domestic violence intervention projects 20 [PROGRAMS]; 21 (3) the Department of Corrections for incarceration and probation 22 programs; 23 (4) the office of victims' rights; 24 (5) nonprofit victims' rights organizations for grants for services to 25 crime victims; or 26 (6) the Department of Revenue for grants to minor children of 27 incarcerated individuals under a grant program established by regulations of the 28 Department of Revenue under AS 44.62 (Administrative Procedure Act). 29 * Sec. 2. AS 43.23 is amended by adding a new section to read: 30 Sec. 43.23.031. Appropriations from the criminal fund. (a) The legislature 31 may appropriate amounts from the criminal fund (AS 43.23.048) to the following
01 recipients in the priority order and in the amounts listed: 02 (1) up to 20 percent of the amount available for appropriation from the 03 fund to the crime victim compensation fund established under AS 18.67.162 for 04 payments to crime victims and for operating costs of the Violent Crimes 05 Compensation Board; 06 (2) up to 15 percent of the amount available for appropriation from the 07 fund to the Council on Domestic Violence and Sexual Assault established under 08 AS 18.66.010 for grants for the operation of sexual assault response teams and 09 domestic violence intervention projects that input data into the Alaska Public Safety 10 Information Network; 11 (3) the remaining amount available for appropriation from the fund to 12 the Department of Corrections for costs related to incarceration or probation. 13 (b) By October 1 of each year, the Violent Crimes Compensation Board shall 14 send to the office of management and budget the total amount of the compensable 15 claims from the previous fiscal year, the amount necessary to pay those compensable 16 claims, and the amount needed for the operating costs of the board. 17 (c) The office of management and budget shall use the amounts provided in 18 AS 43.23.028(a)(6) in combination with the amount provided under (b) of this section 19 to determine the amount each state agency should receive from the criminal fund 20 (AS 43.23.048) in accordance with the priority order and amounts listed in (a) of this 21 section. 22 (d) The office of management and budget shall submit to the legislature a 23 report listing the amounts determined under (c) of this section. The report shall be 24 submitted at the same time as the governor's budget under AS 37.07.020. 25 (e) Nothing in this section creates a dedicated fund. 26 * Sec. 3. AS 43.23 is amended by adding a new section to read: 27 Sec. 43.23.048. Criminal fund. The criminal fund is created as a separate 28 account in the dividend fund. The legislature shall appropriate from the dividend fund 29 each fiscal year an amount equal to the amount that would have been paid during the 30 previous fiscal year to individuals who were ineligible to receive dividends under 31 AS 43.23.005(d) if they had been eligible. Money in the fund may be appropriated in
01 accordance with AS 43.23.031. Nothing in this section creates a dedicated fund. 02 * Sec. 4. AS 43.23.055 is amended to read: 03 Sec. 43.23.055. Duties of the department. The department shall 04 (1) annually pay permanent fund dividends from the dividend fund; 05 (2) subject to AS 43.23.011 and [PARAGRAPH] (8) of this section, 06 adopt regulations under AS 44.62 (Administrative Procedure Act) that establish 07 procedures and time limits for claiming a permanent fund dividend; the department 08 shall determine the number of eligible applicants by October 1 of the year for which 09 the dividend is declared and pay the dividends by December 31 of that year; 10 (3) adopt regulations under AS 44.62 (Administrative Procedure Act) 11 that establish procedures and time limits for an individual upon emancipation or upon 12 reaching majority to apply for permanent fund dividends not received during minority 13 because the parent, guardian, or other authorized representative did not apply on 14 behalf of the individual; 15 (4) assist residents of the state, particularly in rural areas, who, because 16 of language, disability, or inaccessibility to public transportation, need assistance to 17 establish eligibility and to apply for permanent fund dividends; 18 (5) use a list of individuals ineligible for a dividend under 19 AS 43.23.005(d) provided annually by the Department of Corrections and the 20 Department of Public Safety to determine the number and identity of those 21 individuals; 22 (6) adopt regulations that are necessary to implement AS 43.23.005(d) 23 and 43.23.031; 24 (7) adopt regulations that establish procedures for the parent, guardian, 25 or other authorized representative of a disabled individual to apply for prior year 26 permanent fund dividends not received by the disabled individual because no 27 application was submitted on behalf of the individual; 28 (8) adopt regulations that establish procedures for an individual to 29 apply to have a dividend disbursement under AS 37.25.050(a)(2) reissued if it is not 30 collected within two years after the date of its issuance; however, the department may 31 not establish a time limit within which an application to have a disbursement reissued
01 must be filed; 02 (9) provide any information, upon request, contained in permanent 03 fund dividend records to the child support services agency created in AS 25.27.010, or 04 the child support enforcement agency of another state, for child support purposes 05 authorized under law; if the information is contained in an electronic data base, the 06 department shall provide the requesting agency with either 07 (A) access to the data base; or 08 (B) a copy of the information in the data base and a statement 09 certifying its contents; 10 (10) establish a fraud investigation unit for the purpose of assisting the 11 (A) Department of Law in the prosecution of individuals who 12 apply for or obtain a permanent fund dividend in violation of a provision in 13 AS 11, by detecting and investigating those crimes; and 14 (B) commissioner to detect and investigate the claiming or 15 paying of permanent fund dividends that should not have been claimed by or 16 paid to an individual and to impose the penalties and enforcement provisions 17 under AS 43.23.035. 18 * Sec. 5. This Act takes effect July 1, 2014.