CSHB 11(STA): "An Act relating to contributions and donations from permanent fund dividends; and relating to disclosures included with an individual permanent fund dividend."
00 CS FOR HOUSE BILL NO. 11(STA) 01 "An Act relating to contributions and donations from permanent fund dividends; and 02 relating to disclosures included with an individual permanent fund dividend." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 43.23.028(a) is amended to read: 05 (a) By October 1 of each year, the commissioner shall give public notice of 06 the value of each permanent fund dividend for that year and notice of the information 07 required to be disclosed under (3) of this subsection. In addition, the stub attached to 08 each individual dividend disbursement advice must 09 (1) disclose the amount of each dividend attributable to income earned 10 by the permanent fund from deposits to that fund required under art. IX, sec. 15, 11 Constitution of the State of Alaska; 12 (2) disclose the amount of each dividend attributable to income earned 13 by the permanent fund from appropriations to that fund and from amounts added to 14 that fund to offset the effects of inflation;
01 (3) disclose the amount by which each dividend has been reduced due 02 to each appropriation from the dividend fund, including amounts to pay the costs of 03 administering the dividend program and the hold harmless provisions of 04 AS 43.23.240; 05 (4) include a statement that an individual is not eligible for a dividend 06 when 07 (A) during the qualifying year, the individual was convicted of 08 a felony; 09 (B) during all or part of the qualifying year, the individual was 10 incarcerated as a result of the conviction of a 11 (i) felony; or 12 (ii) misdemeanor if the individual has been convicted of 13 a prior felony or two or more prior misdemeanors; 14 (5) include a statement that the legislative purpose for making 15 individuals listed under (4) of this subsection ineligible is to 16 (A) provide funds for services for and payments to crime 17 victims and operating costs of the Violent Crimes Compensation Board; 18 (B) provide funds to pay restitution owed to crime victims; 19 (C) provide funds for grants to nonprofit organizations for 20 services for crime victims and for mental health services and substance abuse 21 treatment for offenders; 22 (D) provide funds for the office of victims' rights; 23 (E) provide funds to the Council on Domestic Violence and 24 Sexual Assault for grants for the operation of domestic violence and sexual 25 assault programs; and 26 (F) obtain reimbursement for some of the costs imposed on the 27 Department of Corrections related to incarceration or probation of those 28 individuals; 29 (6) disclose the total 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;
01 (7) disclose the total amount transferred or appropriated for the current 02 fiscal year under AS 43.23.048 for each of the accounts, funds, and agencies listed in 03 AS 43.23.048; 04 (8) include a statement that the total amount of the dividend may 05 be subject to federal individual income tax, regardless of donations or 06 contributions made under AS 43.23.130, 43.23.135, or 43.23.230. 07 * Sec. 2. AS 43.23.055 is amended to read: 08 Sec. 43.23.055. Duties of the department. The department shall 09 (1) annually pay permanent fund dividends from the dividend fund; 10 (2) subject to AS 43.23.011 and (8) of this section, adopt regulations 11 under AS 44.62 (Administrative Procedure Act) that establish procedures and time 12 limits for claiming a permanent fund dividend; the department shall determine the 13 number of eligible applicants by October 1 of the year for which the dividend is 14 declared and pay the dividends by December 31 of that year; 15 (3) adopt regulations under AS 44.62 (Administrative Procedure Act) 16 that establish procedures and time limits for an individual upon emancipation or upon 17 reaching majority to apply for permanent fund dividends not received during minority 18 because the parent, guardian, or other authorized representative did not apply on 19 behalf of the individual; 20 (4) assist residents of the state, particularly in rural areas, who, because 21 of language, disability, or inaccessibility to public transportation, need assistance to 22 establish eligibility and to apply for permanent fund dividends; 23 (5) use a list of individuals ineligible for a dividend under 24 AS 43.23.005(d) provided annually by the Department of Corrections and the 25 Department of Public Safety to determine the number and identity of those 26 individuals; 27 (6) adopt regulations that are necessary to implement AS 43.23.005(d) 28 and 43.23.048; 29 (7) adopt regulations that establish procedures for the parent, guardian, 30 or other authorized representative of a disabled individual to apply for prior year 31 permanent fund dividends not received by the disabled individual because no
01 application was submitted on behalf of the individual; 02 (8) adopt regulations that establish procedures for an individual to 03 apply to have a dividend disbursement under AS 37.25.050(a)(2) reissued if it is not 04 collected within two years after the date of its issuance; however, the department may 05 not establish a time limit within which an application to have a disbursement reissued 06 must be filed; 07 (9) provide any information, upon request, contained in permanent 08 fund dividend records to the child support services agency created in AS 25.27.010, or 09 the child support enforcement agency of another state, for child support purposes 10 authorized under law; if the information is contained in an electronic data base, the 11 department shall provide the requesting agency with either 12 (A) access to the data base; or 13 (B) a copy of the information in the data base and a statement 14 certifying its contents; 15 (10) establish a fraud investigation unit for the purpose of assisting the 16 (A) Department of Law in the prosecution of individuals who 17 apply for or obtain a permanent fund dividend in violation of a provision in 18 AS 11, by detecting and investigating those crimes; and 19 (B) commissioner to detect and investigate the claiming or 20 paying of permanent fund dividends that should not have been claimed by or 21 paid to an individual and to impose the penalties and enforcement provisions 22 under AS 43.23.270; 23 (11) adopt regulations under AS 44.62 (Administrative Procedure Act) 24 so that, [CONTRIBUTIONS UNDER AS 43.23.130 ARE GIVEN A PRIORITY 25 OVER DONATIONS UNDER AS 43.23.230] if the total amount of contributions and 26 donations elected by an applicant exceeds the amount of the permanent fund dividend 27 that the applicant is entitled to receive, contributions and donations are given the 28 following priority order: 29 (A) contributions under AS 43.23.130; 30 (B) donations under AS 43.23.230; 31 (C) contributions under AS 43.23.135.
01 * Sec. 3. AS 43.23 is amended by adding a new section to read: 02 Sec. 43.23.135. Contributions to the general and permanent funds. (a) 03 Notwithstanding AS 43.23.200, the electronic Alaska permanent fund dividend 04 application must allow an applicant to direct that money be subtracted from the 05 dividend payment and contributed to the state general fund or the principal of the 06 permanent fund. A contribution to the state general fund or the principal of the 07 permanent fund may be $25 dollars or more, in increments of $25 dollars, up to the 08 total amount of the permanent fund dividend that the applicant is entitled to receive. If 09 the applicant's total amount of contributions under this subsection, when added to the 10 total amount of contributions under AS 43.23.130 and donations under AS 43.23.230, 11 exceeds the amount of the permanent fund dividend that the applicant is entitled to 12 receive, contributions under AS 43.23.130 and donations under AS 43.23.230 shall 13 have priority over contributions under this subsection. Money from a contribution 14 under this subsection or from the dividend fund may not be used for administrative 15 costs incurred in implementing this subsection. 16 (b) A public agency that claims a permanent fund dividend on behalf of an 17 individual under AS 43.23.015(e) may not elect to make contributions from the 18 dividend under this section. 19 (c) In preparing the electronic Alaska permanent fund dividend application, 20 the department shall ensure that the option to make a contribution under this section is 21 in a separate section of the application than the option to make a contribution under 22 AS 43.23.130.