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HB 216: "An Act relating to transfers from the dividend fund; creating the restorative justice account; relating to appropriations from the restorative justice account for payments for and services to crime victims, operating costs of the Violent Crimes Compensation Board, operation of domestic violence and sexual assault programs, mental health services and substance abuse treatment for offenders, and incarceration costs; and providing for an effective date."

00                             HOUSE BILL NO. 216                                                                          
01 "An Act relating to transfers from the dividend fund; creating the restorative justice                                  
02 account; relating to appropriations from the restorative justice account for payments for                               
03 and services to crime victims, operating costs of the Violent Crimes Compensation                                       
04 Board, operation of domestic violence and sexual assault programs, mental health                                        
05 services and substance abuse treatment for offenders, and incarceration costs; and                                      
06 providing for an effective date."                                                                                       
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
08    * Section 1. AS 43.23.028 is amended to read:                                                                      
09            Sec. 43.23.028. Public notice. (a) By October 1 of each year, the                                          
10 commissioner shall give public notice of the value of each permanent fund dividend                                      
11 for that year and notice of the information required to be disclosed under (3) of this                                  
12 subsection. In addition, the stub attached to each individual dividend disbursement                                     
13       advice must                                                                                                       
01 (1)  disclose the amount of each dividend attributable to income earned                                                 
02 by the permanent fund from deposits to that fund required under art. IX, sec. 15,                                       
03       Constitution of the State of Alaska;                                                                              
04 (2)  disclose the amount of each dividend attributable to income earned                                                 
05 by the permanent fund from appropriations to that fund and from amounts added to                                        
06       that fund to offset the effects of inflation;                                                                     
07 (3)  disclose the amount by which each dividend has been reduced due                                                    
08 to each appropriation from the dividend fund, including amounts to pay the costs of                                     
09 administering the dividend program and the hold harmless provisions of                                                  
10       AS 43.23.075;                                                                                                     
11 (4)  include a statement that an individual is not eligible for a dividend                                              
12       when                                                                                                              
13 (A)  during the qualifying year, the individual was convicted of                                                        
14            a felony;                                                                                                    
15 (B)  during all or part of the qualifying year, the individual was                                                      
16            incarcerated as a result of the conviction of a                                                              
17                           (i)  felony; or                                                                               
18 (ii)  misdemeanor if the individual has been convicted of                                                               
19                 a prior felony or two or more prior misdemeanors;                                                       
20 (5)  include a statement that the legislative purpose for making                                                        
21       individuals listed under (4) of this subsection ineligible is to                                                  
22 (A)  provide funds for services for and payments to crime                                                           
23 victims and operating costs of the Violent Crimes Compensation Board                                                
24 [OBTAIN REIMBURSEMENT FOR SOME OF THE COSTS IMPOSED ON                                                                  
25 THE STATE CRIMINAL JUSTICE SYSTEM RELATED TO                                                                            
26            INCARCERATION OR PROBATION OF THOSE INDIVIDUALS];                                                            
27                      (B)  provide funds to pay restitution owed to crime victims;                                   
28 (C) provide funds for grants to nonprofit organizations for                                                         
29 services to crime victims and for mental health services and substance                                              
30            abuse treatment for offenders;                                                                           
31 (D) provide funds for services for and payments to crime                                                            
01            victims and for grants for the operation of domestic violence and sexual assault                             
02            programs; and                                                                                            
03                      (E) obtain reimbursement for some of the costs imposed on                                      
04            the state criminal justice system related to incarceration or probation of                               
05            those individuals;                                                                                       
06                 (6)  disclose the total amount that would have been paid during the                                     
07       previous fiscal year to individuals who were ineligible to receive dividends under                                
08       AS 43.23.005(d) if they had been eligible;                                                                        
09                 (7)  disclose the total amount transferred or appropriated for the                                  
10 current fiscal year under AS 43.23.048 [(b) OF THIS SECTION] for each of the                                        
11       accounts, funds, and agencies listed in AS 43.23.048 [(b) OF THIS SECTION].                           
12 (b)  To the extent that amounts appropriated for a fiscal year do not exceed the                                        
13 total amount that would have been paid during the previous fiscal year to individuals                                   
14 who were ineligible to receive dividends under AS 43.23.005(d) or under                                                 
15 AS 43.23.021(b) if they had been eligible, the notice requirements of (a)(3) of this                                    
16 section do not apply to transfers [APPROPRIATIONS] from the dividend fund to the                                
17       restorative justice account (AS 43.23.048)                                                                    
18 [(1)  THE CRIME VICTIM COMPENSATION FUND                                                                                
19       ESTABLISHED UNDER AS 18.67.162 FOR PAYMENTS TO CRIME VICTIMS;                                                     
20 (2)  THE COUNCIL ON DOMESTIC VIOLENCE AND SEXUAL                                                                        
21 ASSAULT ESTABLISHED UNDER AS 18.66.010 FOR GRANTS FOR THE                                                               
22 OPERATION OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT                                                                       
23       PROGRAMS;                                                                                                         
24 (3)  THE DEPARTMENT OF CORRECTIONS FOR                                                                                  
25       INCARCERATION AND PROBATION PROGRAMS;                                                                             
26                 (4)  THE OFFICE OF VICTIMS' RIGHTS;                                                                     
27 (5)  NONPROFIT VICTIMS' RIGHTS ORGANIZATIONS FOR                                                                        
28       GRANTS FOR SERVICES TO CRIME VICTIMS; OR                                                                          
29 (6)  THE DEPARTMENT OF REVENUE FOR GRANTS TO MINOR                                                                      
30 CHILDREN OF INCARCERATED INDIVIDUALS UNDER A GRANT                                                                      
31 PROGRAM ESTABLISHED BY REGULATIONS OF THE DEPARTMENT OF                                                                 
01       REVENUE UNDER AS 44.62 (ADMINISTRATIVE PROCEDURE ACT)].                                                           
02    * Sec. 2. AS 43.23 is amended by adding a new section to read:                                                     
03 Sec. 43.23.048. Restorative justice account. (a) The restorative justice                                            
04 account is created as a separate account in the dividend fund. The commissioner shall                                   
05 transfer from the dividend fund to the restorative justice account each fiscal year an                                
06 amount equal to the amount that would have been paid during the previous fiscal year                                    
07 to individuals who were ineligible to receive dividends under AS 43.23.005(d) if they                                   
08       had been eligible.                                                                                                
09            (b)  The legislature may appropriate amounts from the account to the following                               
10       recipients in the priority order listed:                                                                          
11 (1)  crime victim compensation fund established under AS 18.67.162                                                      
12 for payments to crime victims and for operating costs of the Violent Crimes                                             
13       Compensation Board;                                                                                               
14 (2)  Alaska Court System to pay the outstanding balances on orders of                                                   
15       restitution as provided in (c) of this section;                                                                   
16 (3)  nonprofit organizations for grants for mental health services and                                                  
17       substance abuse treatment for offenders;                                                                          
18 (4)  nonprofit organizations to provide grants for services to crime                                                    
19       victims and domestic violence and sexual assault programs; and                                                    
20 (5)  Department of Corrections for costs related to incarceration or                                                    
21       probation.                                                                                                        
22 (c)  The Alaska Court System is authorized to pay the outstanding balances on                                           
23 orders of restitution under AS 12.55.045 or AS 47.12.120. The Alaska Court System                                       
24 shall adopt a policy to determine the order of priority for payment of restitution                                      
25       balances.                                                                                                         
26 (d)  A person who is subject to an order of restitution all or part of which is                                         
27 paid under this section shall reimburse the state for the amount paid by the state. The                                 
28 state may enforce payment of reimbursement under this subsection as if the                                              
29       reimbursement were a civil judgment enforceable by execution.                                                     
30            (e)  Nothing in this section creates a dedicated fund.                                                       
31    * Sec. 3. AS 43.23.055 is amended to read:                                                                         
01            Sec. 43.23.055. Duties of the department. The department shall                                             
02                 (1)  annually pay permanent fund dividends from the dividend fund;                                      
03 (2)  subject to AS 43.23.011 and [PARAGRAPH] (8) of this section,                                                       
04 adopt regulations under AS 44.62 (Administrative Procedure Act) that establish                                          
05 procedures and time limits for claiming a permanent fund dividend; the department                                       
06 shall determine the number of eligible applicants by October 1 of the year for which                                    
07       the dividend is declared and pay the dividends by December 31 of that year;                                       
08                 (3)  adopt regulations under AS 44.62 (Administrative Procedure Act)                                    
09       that establish procedures and time limits for an individual upon emancipation or upon                             
10 reaching majority to apply for permanent fund dividends not received during minority                                    
11 because the parent, guardian, or other authorized representative did not apply on                                       
12       behalf of the individual;                                                                                         
13 (4)  assist residents of the state, particularly in rural areas, who, because                                       
14 of language, disability, or inaccessibility to public transportation, need assistance to                            
15       establish eligibility and to apply for permanent fund dividends;                                                  
16 (5)  use a list of individuals ineligible for a dividend under                                                          
17 AS 43.23.005(d) provided annually by the Department of Corrections and the                                              
18 Department of Public Safety to determine the number and identity of those                                               
19       individuals;                                                                                                      
20 (6)  adopt regulations that are necessary to implement AS 43.23.005(d)                                                  
21       and 43.23.048;                                                                                                
22 (7)  adopt regulations that establish procedures for the parent, guardian,                                              
23 or other authorized representative of a disabled individual to apply for prior year                                     
24 permanent fund dividends not received by the disabled individual because no                                             
25       application was submitted on behalf of the individual;                                                            
26 (8)  adopt regulations that establish procedures for an individual to                                                   
27 apply to have a dividend disbursement under AS 37.25.050(a)(2) reissued if it is not                                    
28 collected within two years after the date of its issuance; however, the department may                                  
29 not establish a time limit within which an application to have a disbursement reissued                                  
30       must be filed;                                                                                                    
31 (9)  provide any information, upon request, contained in permanent                                                      
01 fund dividend records to the child support services agency created in AS 25.27.010, or                                  
02 the child support enforcement agency of another state, for child support purposes                                       
03 authorized under law; if the information is contained in an electronic data base, the                                   
04       department shall provide the requesting agency with either                                                        
05                      (A)  access to the data base; or                                                                   
06                      (B)  a copy of the information in the data base and a statement                                    
07            certifying its contents;                                                                                     
08                 (10)  establish a fraud investigation unit for the purpose of assisting the                             
09                      (A)  Department of Law in the prosecution of individuals who                                       
10            apply for or obtain a permanent fund dividend in violation of a provision in                                 
11            AS 11, by detecting and investigating those crimes; and                                                      
12 (B)  commissioner to detect and investigate the claiming or                                                             
13 paying of permanent fund dividends that should not have been claimed by or                                              
14 paid to an individual and to impose the penalties and enforcement provisions                                            
15            under AS 43.23.035.                                                                                          
16    * Sec. 4. This Act takes effect July 1, 2017.