HB 327: "An Act relating to dividends for state residents; relating to the dividend fund; and providing for an effective date."
00 HOUSE BILL NO. 327 01 "An Act relating to dividends for state residents; relating to the dividend fund; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 06.65.300 is amended to read: 05 Sec. 06.65.300. Deposit from resource [PERMANENT FUND] dividend. A 06 person who is eligible under AS 43.23 to receive a resource [PERMANENT FUND] 07 dividend may make a deposit into the program account of a designated beneficiary 08 from and up to the amount of the person's [PERMANENT FUND] dividend. 09 * Sec. 2. AS 09.38.015(a) is amended to read: 10 (a) An individual is entitled to exemption of the following property: 11 (1) a burial plot for the individual and the individual's family; 12 (2) health aids reasonably necessary to enable the individual or a 13 dependent to work or to sustain health; 14 (3) benefits paid or payable for medical, surgical, or hospital care to
01 the extent they are or will be used to pay for the care; 02 (4) an award under AS 18.67 (Violent Crimes Compensation Board) or 03 a crime victim's reparations act of another jurisdiction; 04 (5) benefits paid or payable as a longevity bonus under AS 47.45; 05 (6) compensation or benefits paid or payable and exempt under federal 06 law; 07 (7) liquor licenses granted under AS 04; 08 (8) tuition credit or savings accounts under an education savings 09 account established under AS 14.40.802 or an advance college tuition savings contract 10 authorized under AS 14.40.809(a); 11 (9) a resource [PERMANENT FUND] dividend to the extent allowed 12 under AS 43.23.140; 13 (10) benefits paid or payable under AS 47.45.301 - 47.45.309. 14 * Sec. 3. AS 09.38.030(b) is amended to read: 15 (b) An individual who does not receive earnings [EITHER] weekly, semi- 16 monthly, or monthly is entitled to a maximum exemption for the aggregate value of 17 cash and other liquid assets available in any month of $1,400, except as provided in (f) 18 and (h) of this section and in AS 09.38.050. The term "liquid assets" includes deposits, 19 securities, notes, drafts, accrued vacation pay, refunds, prepayments, and receivables, 20 but does not include resource [PERMANENT FUND] dividends under AS 43.23 21 before or after receipt by the individual. 22 * Sec. 4. AS 11.56.205(a) is amended to read: 23 (a) A person commits the crime of unsworn falsification in the first degree if 24 the person violates AS 11.56.210(a)(1) and the application is an application for a 25 resource [PERMANENT FUND] dividend under AS 43.23. 26 * Sec. 5. AS 11.56.205(b) is amended to read: 27 (b) In this section, 28 (1) "application for a resource [PERMANENT FUND] dividend" 29 includes a written or electronic application and any other documentation submitted to 30 support an application for a resource [PERMANENT FUND] dividend; 31 (2) "resource [PERMANENT FUND] dividend" has the meaning
01 given in AS 43.23.295. 02 * Sec. 6. AS 11.56.800(a) is amended to read: 03 (a) A person commits the crime of false information or report if the person 04 knowingly 05 (1) gives false information to a peace officer 06 (A) with the intent of implicating another in an offense; or 07 (B) concerning the person's identity while the person is 08 (i) under arrest, detention, or investigation for a crime; 09 or 10 (ii) being served with an arrest warrant or being issued a 11 citation; 12 (2) makes a false report to a peace officer that a crime has occurred or 13 is about to occur; 14 (3) makes a false report or gives a false alarm, under circumstances not 15 amounting to terroristic threatening in the second degree under AS 11.56.810, that a 16 fire or other incident dangerous to life or property calling for an emergency response 17 has occurred or is about to occur; 18 (4) makes a false report to the Department of Natural Resources under 19 AS 46.17 concerning the condition of a dam or reservoir; or 20 (5) gives false information to a public employee relating to a person's 21 eligibility for a resource [PERMANENT FUND] dividend under AS 43.23 and the 22 false information does not also violate AS 11.56.205. 23 * Sec. 7. AS 11.66.280(3) is amended to read: 24 (3) "gambling" means that a person stakes or risks something of value 25 upon the outcome of a contest of chance or a future contingent event not under the 26 person's control or influence, upon an agreement or understanding that that person or 27 someone else will receive something of value in the event of a certain outcome; 28 "gambling" does not include 29 (A) bona fide business transactions valid under the law of 30 contracts for the purchase or sale at a future date of securities or commodities 31 and agreements to compensate for loss caused by the happening of chance,
01 including contracts of indemnity or guaranty and life, health, or accident 02 insurance; 03 (B) playing an amusement device that 04 (i) confers only an immediate right of replay not 05 exchangeable for something of value other than the privilege of 06 immediate replay and does not contain a method or device by which the 07 privilege of immediate replay may be cancelled or revoked; 08 (ii) confers only tickets, credits, allowances, tokens, or 09 anything of value that can be redeemed for toys, candy, or electronic 10 novelties offered at the same facility where the amusement device is 11 located; or 12 (iii) allows a player to manipulate a claw machine or 13 similar device within an enclosure and enables a person to receive 14 merchandise directly from the machine; 15 (C) an activity authorized by the Department of Revenue under 16 AS 05.15; or 17 (D) the resource [PERMANENT FUND] dividend raffle 18 authorized under AS 43.23.230; 19 * Sec. 8. AS 12.25.200(b) is amended to read: 20 (b) A citation issued under AS 12.25.180 or other law authorizing the issuance 21 of a citation must be in writing and indicate, if applicable, 22 (1) the amount of bail or fine and the surcharge applicable to the 23 offense; 24 (2) the procedure a person must follow in responding to the citation; 25 (3) that, if the person fails to pay the bail or fine, the person must 26 appear in court; 27 (4) that failure to pay the bail or fine or appear in court for an offense 28 involving a moving motor vehicle may result in 29 (A) suspension of the person's driver's license, privilege to 30 drive, or privilege to obtain a license; or 31 (B) attachment of the person's resource [PERMANENT
01 FUND] dividend under AS 43.23 to pay the fine plus court and collection 02 costs under AS 28.05.155; and 03 (5) that the person has a right to 04 (A) a trial; 05 (B) engage counsel; 06 (C) confront and question witnesses; 07 (D) testify; 08 (E) subpoena witnesses on the person's behalf. 09 * Sec. 9. AS 12.55.041(d) is amended to read: 10 (d) The court shall include a surcharge imposed under (a) of this section in the 11 judgment of conviction. The court shall include the imposition of a surcharge under 12 (c) of this section in the order revoking probation. For a surcharge that is not paid by 13 the person as required by this section, the state shall seek reimbursement from the 14 person's resource [PERMANENT FUND] dividend as provided under AS 43.23.140. 15 For purposes of collection and priority of attachment under AS 43.23.140, a surcharge 16 imposed under this section is accounted for in the same manner as a cost of 17 imprisonment under AS 28.35.030(k) and 28.35.032(o). The state may enforce 18 payment of a surcharge under this section under AS 09.35 as if it were a civil 19 judgment enforceable by execution. This subsection does not limit the authority of the 20 court to enforce surcharges. 21 * Sec. 10. AS 14.40.251(a) is amended to read: 22 (a) For the purposes of this chapter, tuition, a fee, or another charge to an 23 individual by the University of Alaska is in default after payment has become 180 or 24 more days past due. Upon default, the university may take the individual's resource 25 [PERMANENT FUND] dividend under AS 43.23.190. 26 * Sec. 11. AS 14.40.803(b) is amended to read: 27 (b) The fund consists of 28 (1) resource [PERMANENT FUND] dividend and cash contributions 29 made under AS 14.40.807 under the terms of an advance college tuition savings 30 contract; 31 (2) appropriations, gifts, bequests, and contributions; and
01 (3) income and earnings of the fund. 02 * Sec. 12. AS 14.40.807(a) is amended to read: 03 (a) Contributions to the fund under the terms of an advance college tuition 04 savings contract may be made by direct cash payments or by contributions from the 05 resource [PERMANENT FUND] dividend under AS 43.23. The Department of 06 Revenue shall 07 (1) prepare the resource [PERMANENT FUND] dividend application 08 to allow an applicant or a parent, legal guardian, or other authorized representative of 09 an applicant who is an unemancipated minor to contribute 50 percent of a dividend to 10 the fund; and 11 (2) include with each application for a resource [PERMANENT 12 FUND] dividend an explanation of the advance college tuition savings program, 13 including the right to receive a refund, a disclosure of the potential tax liability of the 14 fund, and disclosure of the possible general effect of the tax liability on the advance 15 college tuition savings program. 16 * Sec. 13. AS 14.43.145(a) is amended to read: 17 (a) For the purposes of this chapter, a loan is in default after a loan payment 18 has become 180 or more days past due or, for a loan under AS 14.43.161 - 14.43.168 19 or 14.43.170 - 14.43.175, the default requirements established by the commission have 20 been met. Upon default, 21 (1) repayment of the remaining balance is accelerated and due; 22 (2) the commission may take the borrower's resource [PERMANENT 23 FUND] dividend under AS 43.23.160; 24 (3) the commission may issue an order to withhold and deliver under 25 AS 14.43.147; 26 (4) [REPEALED] 27 (5) the commission may record the lien created under AS 14.43.149; 28 and 29 (6) the commission may establish an administrative collection order 30 under AS 14.43.151 - 14.43.155. 31 * Sec. 14. AS 15.07.050(a) is amended to read:
01 (a) Registration may be made 02 (1) in person before a registration official or through a voter 03 registration agency; 04 (2) by another individual on behalf of the voter if the voter has 05 executed a written general power of attorney or a written special power of attorney 06 authorizing that other individual to register the voter; 07 (3) by mail; 08 (4) by facsimile transmission, scanning, or another method of 09 electronic transmission that the director approves; or 10 (5) by completing a resource [PERMANENT FUND] dividend 11 application under AS 43.23.015. 12 * Sec. 15. AS 15.07.055(e) is amended to read: 13 (e) The director shall enter into an agreement with the Department of 14 Administration, the Department of Corrections, and the Department of Revenue to 15 match identifying information provided by a voter with existing identification records 16 (1) maintained by the administrative component of the Department of 17 Administration that administers motor vehicle and driver's license laws, by the 18 administrative component of the Department of Corrections that issues identification 19 cards, and by the administrative component of the Department of Revenue that 20 administers the resource [PERMANENT FUND] dividend laws; and 21 (2) bearing the same identifying number, name, and date of birth 22 provided on the registration. 23 * Sec. 16. AS 15.07.060(e) is amended to read: 24 (e) For an applicant requesting initial registration by mail, by facsimile or 25 other electronic transmission approved by the director under AS 15.07.050, or by 26 completing a resource [PERMANENT FUND] dividend application under AS 43.23, 27 the director shall verify the information provided in compliance with (a)(2) and (3) of 28 this section through state agency records described in AS 15.07.055(e). If the applicant 29 cannot comply with the requirement of (a)(2) of this section because the applicant has 30 not been issued any of the listed numbers, the applicant may instead submit a copy of 31 one of the following forms of identification: a driver's license, state identification card,
01 current and valid photo identification, birth certificate, passport, or hunting or fishing 02 license. 03 * Sec. 17. AS 15.07.064(g) is amended to read: 04 (g) Notwithstanding (a) - (f) of this section, the director may substitute a 05 mailing address provided by the voter for the resource [PERMANENT FUND] 06 dividend program under AS 43.23 as the mailing address for the voter on the 07 registration records of the director under procedures specified in regulations of the 08 director if necessary to maintain accuracy of voting registration records. 09 * Sec. 18. AS 15.07.070(i) is amended to read: 10 (i) The division shall register voters who submit an application to receive a 11 resource [PERMANENT FUND] dividend in accordance with (j) - (m) of this section. 12 * Sec. 19. AS 15.07.070(j) is amended to read: 13 (j) The division shall cooperate with the Department of Revenue under 14 AS 43.23.101 to ensure that the resource [PERMANENT FUND] dividend 15 application form furnished by the Department of Revenue under AS 43.23.015 allows 16 an applicant, a person who is designated in a power of attorney to act on behalf of an 17 applicant, or a person acting on behalf of a physically disabled applicant to submit 18 voter registration information required under AS 15.07.060(a)(1) - (4) and (7) - (9), 19 and an attestation that such information is true. The director may require proof of 20 identification of the applicant, if not already in the Department of Revenue's 21 possession, as required by regulations adopted by the director under AS 44.62 22 (Administrative Procedure Act). 23 * Sec. 20. AS 18.56.850(b) is amended to read: 24 (b) In the development of a home energy conservation or weatherization 25 program under (a) of this section, the corporation may not consider the value of 26 Alaska longevity bonus payments under AS 47.45 or resource [PERMANENT 27 FUND] dividends under AS 43.23 in determining whether a person meets income 28 guidelines established under AS 18.56.088 and (a) of this section for a state or, to the 29 extent permitted by federal law, a federal energy conservation or weatherization 30 program. 31 * Sec. 21. AS 22.10.025(b) is amended to read:
01 (b) The superior court, in an action for divorce, separation, or child support, 02 may issue orders to aid in the enforcement of child support, including orders requiring 03 an individual who owes support under an order of support to 04 (1) make payments according to an approved payment plan; 05 (2) participate in appropriate work activities if the individual is not 06 incapacitated; or 07 (3) complete and submit an application for a resource [PERMANENT 08 FUND] dividend under AS 43.23.015 or provide proof to the agency or the court that 09 the individual is not eligible for a dividend in a given year. 10 * Sec. 22. AS 28.05.155 is amended to read: 11 Sec. 28.05.155. Court and collection costs. If a person's resource 12 [PERMANENT FUND] dividend is attached to pay the bail or fine for an offense 13 involving a moving motor vehicle, the court shall increase the bail or fine of that 14 person by at least 15 (1) $25 for court costs; and 16 (2) $10 for collection costs. 17 * Sec. 23. AS 28.35.030(k) is amended to read: 18 (k) Imprisonment required under (b)(1)(A) of this section shall be served at a 19 community residential center or by electronic monitoring at a private residence under 20 AS 33.30.065. If a community residential center or electronic monitoring at a private 21 residence is not available, imprisonment required under (b)(1)(A) of this section may 22 be served at another appropriate place determined by the commissioner of corrections. 23 Imprisonment required under (b)(1)(B) - (F) of this section may be served at a 24 community residential center or at a private residence if approved by the 25 commissioner of corrections. Imprisonment served at a private residence must include 26 electronic monitoring under AS 33.30.065. The cost of imprisonment resulting from 27 the sentence imposed under (b)(1) of this section shall be paid to the state by the 28 person being sentenced. The cost of imprisonment required to be paid under this 29 subsection may not exceed $2,000. Upon the person's conviction, the court shall 30 include the costs of imprisonment as a part of the judgment of conviction. Except for 31 reimbursement from a resource [PERMANENT FUND] dividend as provided in this
01 subsection, payment of the cost of imprisonment is not required if the court determines 02 the person is indigent. For costs of imprisonment that are not paid by the person as 03 required by this subsection, the state shall seek reimbursement from the person's 04 resource [PERMANENT FUND] dividend as provided under AS 43.23.140. A person 05 sentenced under (b)(1)(B) of this section shall perform at least 160 hours of 06 community service work, as required by the director of the community residential 07 center or other appropriate place, or as required by the commissioner of corrections if 08 the sentence is being served at a private residence. In this subsection, "appropriate 09 place" means a facility with 24-hour on-site staff supervision that is specifically 10 adapted to provide a residence, and includes a correctional center, residential treatment 11 facility, hospital, halfway house, group home, work farm, work camp, or other place 12 that provides varying levels of restriction. 13 * Sec. 24. AS 28.35.032(o) is amended to read: 14 (o) Imprisonment required under (g)(1)(A) of this section shall be served at a 15 community residential center or by electronic monitoring at a private residence under 16 AS 33.30.065. If a community residential center or electronic monitoring at a private 17 residence is not available, imprisonment required under (g)(1)(A) of this section may 18 be served at another appropriate place determined by the commissioner of corrections. 19 Imprisonment required under (g)(1)(B) - (F) of this section may be served at a 20 community residential center or at a private residence if approved by the 21 commissioner of corrections. Imprisonment served at a private residence must include 22 electronic monitoring under AS 33.30.065. The cost of imprisonment resulting from 23 the sentence imposed under (g)(1) of this section shall be paid to the state by the 24 person being sentenced. The cost of imprisonment required to be paid under this 25 subsection may not exceed $2,000. Upon the person's conviction, the court shall 26 include the costs of imprisonment as a part of the judgment of conviction. Except for 27 reimbursement from a resource [PERMANENT FUND] dividend as provided in this 28 subsection, payment of the cost of imprisonment is not required if the court determines 29 the person is indigent. For costs of imprisonment that are not paid by the person as 30 required by this subsection, the state shall seek reimbursement from the person's 31 resource [PERMANENT FUND] dividend as provided under AS 43.23.140. A person
01 sentenced under (g)(1)(B) of this section shall perform at least 160 hours of 02 community service work, as required by the director of the community residential 03 center or other appropriate place, or as required by the commissioner of corrections if 04 the sentence is being served at a private residence. In this subsection, "appropriate 05 place" means a facility with 24-hour on-site staff supervision that is specifically 06 adapted to provide a residence, and includes a correctional center, residential treatment 07 facility, hospital, halfway house, group home, work farm, work camp, or other place 08 that provides varying levels of restriction. 09 * Sec. 25. AS 29.45.030(f) is amended to read: 10 (f) To be eligible for an exemption under (e) of this section for a year, a 11 municipality may by ordinance require that an individual also meet requirements 12 under one of the following paragraphs: (1) the individual must [SHALL] be eligible 13 for a resource [PERMANENT FUND] dividend under AS 43.23.005 for that same 14 year or for the immediately preceding year; or (2) if the individual has not applied or 15 does not apply for one or both of the resource [PERMANENT FUND] dividends, the 16 individual would have been eligible for one of the [PERMANENT FUND] dividends 17 identified in (1) of this subsection had the individual applied. An exemption may not 18 be granted under (e) of this section except upon written application for the exemption. 19 Each municipality shall, by ordinance, establish procedures and deadlines for filing the 20 application. The governing body of the municipality for good cause shown may waive 21 the claimant's failure to make timely application for exemption and authorize the 22 assessor to accept the application as if timely filed. If an application is filed within the 23 required time and is approved by the assessor, the assessor shall allow an exemption in 24 accordance with the provisions of (e) of this section. If the application for exemption 25 is approved after taxes have been paid, the amount of tax that the claimant has already 26 paid for the property exempted shall be refunded to the claimant. The assessor shall 27 require proof in the form the assessor considers necessary of the right to and amount 28 of an exemption claimed under (e) of this section, and shall require a disabled veteran 29 claiming an exemption under (e) of this section to provide evidence of the disability 30 rating. The assessor may require proof under this subsection at any time. 31 * Sec. 26. AS 29.60.860(c) is amended to read:
01 (c) For purposes of this section, the population of a municipality, reserve, or 02 community shall be determined by using the numbers of resource [PERMANENT 03 FUND] dividend recipients or other population data that the department determines is 04 reliable. For purposes of determining the population of a borough, the population of 05 each city in the borough shall be deducted from the total borough population. 06 * Sec. 27. AS 34.45.720(c) is amended to read: 07 (c) AS 34.45.110 - 34.45.780 do not apply to a disbursement for the payment 08 of a resource [PERMANENT FUND] dividend. 09 * Sec. 28. AS 36.10.005(c) is amended to read: 10 (c) The legislature finds that the following factors are reasonable but not 11 exclusive indicators of the ratio of nonresident to resident employees in the state: 12 (1) the ratio of applicants for unemployment insurance who list out-of- 13 state residences to applicants who list residences in the state; 14 (2) the ratio of employees who are subject to unemployment insurance 15 coverage and who did not apply for or were denied a resource [PERMANENT 16 FUND] dividend to employees who were found eligible for a dividend. 17 * Sec. 29. AS 37.05.180 is amended to read: 18 Sec. 37.05.180. Limitation on payment of warrants. A warrant on [UPON] 19 the state treasury may not be paid unless presented at the office of the commissioner of 20 revenue within six months of the date of its issuance. A warrant not presented within 21 that time is presumed abandoned, except where the warrant is for the payment of a 22 resource [PERMANENT FUND] dividend or a benefit payment or refund under 23 AS 14.25, AS 22.25, AS 26.05, AS 39.30, AS 39.35, former AS 39.37, or AS 39.45. 24 Money held for an abandoned warrant shall be delivered to the custody of the 25 Department of Revenue to be administered as unclaimed property under AS 34.45. 26 * Sec. 30. AS 37.05.215(g)(1) is amended to read: 27 (1) "expenditure" means a payment from the state treasury that is 28 greater than $1,000 and that is made as a grant, subgrant, contract, subcontract, loan, 29 lease, cooperative agreement, purchase order, task order, delivery order, or other form 30 of financial transaction; "expenditure" does not include the transfer of money between 31 state agencies, salary and wage payments to state employees, benefit payments to a
01 member or former member of a state retirement system as defined in AS 40.25.151(e), 02 payment of state or federal assistance to an individual, or payment of a resource 03 [PERMANENT FUND] dividend; 04 * Sec. 31. AS 37.05.540(b) is amended to read: 05 (b) Except for appropriations to the permanent fund or for Alaska resource 06 [PERMANENT FUND] dividends, appropriations to the budget reserve fund, 07 appropriations of revenue bond proceeds, appropriations required to pay the principal 08 and interest on general obligation bonds, and appropriations of money received from a 09 nonstate source in trust for a specific purpose, including revenue of a public enterprise 10 or public corporation of the state that issues revenue bonds, appropriations from the 11 mental health trust settlement income account (AS 37.14.036), and appropriations 12 made to the mental health trust fund (AS 37.14.031), appropriations from the treasury 13 made in a fiscal year may not exceed appropriations made in the preceding fiscal year 14 by more than five percent plus the change in population and inflation since the 15 beginning of the preceding fiscal year. For purposes of applying this limit an 16 appropriation is considered to be made in the fiscal year in which it is enacted and a 17 reappropriation remains attributed to the fiscal year in which the original appropriation 18 is enacted. The determination of the change in population for purposes of this 19 subsection shall be based on an annual estimate of population by the Department of 20 Labor and Workforce Development. The determination of the change in inflation for 21 purposes of this subsection shall be based on the Consumer Price Index for all urban 22 consumers for Anchorage prepared by the United States Bureau of Labor Statistics. 23 The amount of money received by the state that is subject to the appropriation limit 24 includes the balance in the general fund carried forward from the preceding fiscal 25 year. 26 * Sec. 32. AS 37.10.210(b) is amended to read: 27 (b) The Alaska Retirement Management Board consists of nine trustees, as 28 follows: 29 (1) two members, consisting of the commissioner of administration 30 and the commissioner of revenue; 31 (2) seven trustees appointed by the governor who meet the eligibility
01 requirements for a resource [AN ALASKA PERMANENT FUND] dividend and who 02 are professionally credentialed or have recognized competence in investment 03 management, finance, banking, economics, accounting, pension administration, or 04 actuarial analysis as follows: 05 (A) two trustees who are members of the general public; the 06 trustees appointed under this subparagraph may not hold another state office, 07 position, or employment and may not be members or beneficiaries of a 08 retirement system managed by the board; 09 (B) one trustee who is employed as a finance officer for a 10 political subdivision participating in either the public employees' retirement 11 system or the teachers' retirement system; 12 (C) two trustees who are members of the public employees' 13 retirement system, selected from a list of four nominees submitted from among 14 the public employees' retirement system bargaining units; 15 (D) two trustees who are members of the teachers' retirement 16 system selected from a list of four nominees submitted from among the 17 teachers' retirement system bargaining units; 18 (E) the lists of the nominees shall be submitted to the governor 19 under (C) and (D) of this paragraph within the time period specified in 20 regulations adopted under AS 37.10.240(a). 21 * Sec. 33. AS 43.23.005(a) is amended to read: 22 (a) An individual is eligible to receive one resource [PERMANENT FUND] 23 dividend each year in an amount to be determined under AS 43.23.025 if the 24 individual 25 (1) applies to the department; 26 (2) is a state resident on the date of application; 27 (3) was a state resident during the entire qualifying year; 28 (4) has been physically present in the state for at least 72 consecutive 29 hours at some time during the prior two years before the current dividend year; 30 (5) is 31 (A) a citizen of the United States;
01 (B) an alien lawfully admitted for permanent residence in the 02 United States; 03 (C) an alien with refugee status under federal law; or 04 (D) an alien that has been granted asylum under federal law; 05 (6) was, at all times during the qualifying year, physically present in 06 the state or, if absent, was absent only as allowed in AS 43.23.008; and 07 (7) was in compliance during the qualifying year with the military 08 selective service registration requirements imposed under 50 U.S.C. App. 453 09 (Military Selective Service Act), if those requirements were applicable to the 10 individual, or has come into compliance after being notified of the lack of compliance. 11 * Sec. 34. AS 43.23.005(c) is amended to read: 12 (c) A parent, guardian, or other authorized representative may claim a 13 resource [PERMANENT FUND] dividend on behalf of an unemancipated minor or 14 on behalf of a disabled or an incompetent individual who is eligible to receive a 15 payment under this section. Notwithstanding (a)(2) - (4) of this section, a minor is 16 eligible for a dividend if, during the two calendar years immediately preceding the 17 current dividend year, the minor was born to or adopted by an individual who is 18 eligible for a dividend for the current dividend year. 19 * Sec. 35. AS 43.23.005(d) is amended to read: 20 (d) Notwithstanding the provisions of (a) - (c) of this section, an individual is 21 not eligible for a resource [PERMANENT FUND] dividend for a dividend year when 22 (1) during the qualifying year, the individual was sentenced as a result 23 of conviction in this state of a felony; 24 (2) during all or part of the qualifying year, the individual was 25 incarcerated as a result of the conviction in this state of a 26 (A) felony; or 27 (B) misdemeanor if the individual has been convicted of 28 (i) a prior felony as defined in AS 11.81.900; or 29 (ii) two or more prior misdemeanors as defined in 30 AS 11.81.900. 31 * Sec. 36. AS 43.23.005(h) is amended to read:
01 (h) If an individual who would otherwise have been eligible for a resource 02 [PERMANENT FUND] dividend dies after applying for the dividend but before the 03 dividend is paid, the department shall pay the dividend to a personal representative of 04 the estate or to a successor claiming personal property under AS 13.16.680. If an 05 individual who would otherwise have been eligible for a dividend and who did not 06 apply for the dividend dies during the application period, a personal representative of 07 the estate or a successor claiming personal property under AS 13.16.680 may apply for 08 and receive the dividend. If an individual who received a dividend for the year 09 immediately before the qualifying year and who would otherwise have been eligible 10 for a dividend dies during the qualifying year after having been a state resident for at 11 least 180 days immediately before the date of death, notwithstanding (a)(1) - (3) and 12 (a)(6) of this section, a personal representative of the estate or a successor claiming 13 personal property under AS 13.16.680 may apply for and receive the dividend. 14 Notwithstanding AS 43.23.011, an application for a dividend may be filed by the 15 personal representative or the successor under this subsection at any time before the 16 end of the application period for the next dividend year. 17 * Sec. 37. AS 43.23.008(a) is amended to read: 18 (a) Subject to (b) and (d) of this section, an otherwise eligible individual who 19 is absent from the state during the qualifying year remains eligible for a current year 20 resources [PERMANENT FUND] dividend if the individual was absent 21 (1) receiving secondary or postsecondary education on a full-time 22 basis; on a break or holiday from a secondary or postsecondary educational institution 23 during an academic year, not including summer break, if the individual is enrolled in 24 and attends the educational institution on a full-time basis before and after the break or 25 holiday; or in an orientation program required as a condition of the secondary or 26 postsecondary education and the individual immediately begins the education on a 27 full-time basis after the completion of the orientation; 28 (2) receiving vocational, professional, or other specific education on a 29 full-time basis for which, as determined by the Alaska Commission on Postsecondary 30 Education, a comparable program is not reasonably available in the state; on a break or 31 holiday from the vocational, professional, or other specific training, not including
01 summer break, if the individual is enrolled in and attends the training on a full-time 02 basis before and after the break or holiday; or in an orientation program required as a 03 condition of the vocational, professional, or other specific training and the individual 04 immediately begins the training on a full-time basis after the completion of the 05 orientation; 06 (3) serving on active duty as a member of the uniformed services of 07 the United States or accompanying, as that individual's spouse, minor dependent, or 08 disabled dependent, an individual who is 09 (A) serving on active duty as a member of the uniformed 10 services of the United States; and 11 (B) eligible for a current year dividend; 12 (4) serving under foreign or coastal articles of employment aboard an 13 oceangoing vessel of the United States Merchant Marine or attending a vocational 14 program that 15 (A) trains students for a career in the United States Merchant 16 Marine; 17 (B) provides seagoing service that meets the requirements of 18 the United States Coast Guard for United States merchant marine 19 credentialing; and 20 (C) is approved by the United States Coast Guard; 21 (5) receiving continuous medical treatment recommended by a 22 licensed physician or convalescing as recommended by the physician who treated the 23 illness if the treatment or convalescence is not based on a need for climatic change; 24 (6) providing care for a parent, spouse, sibling, child, or stepchild with 25 a critical life-threatening illness whose treatment plan, as recommended by the 26 attending physician, requires travel outside the state for treatment at a medical 27 specialty complex; 28 (7) providing care for the individual's terminally ill family member; 29 (8) settling the estate of the individual's deceased parent, spouse, 30 sibling, child, or stepchild, provided the absence does not exceed 220 cumulative days; 31 (9) serving as a member of the United States Congress;
01 (10) serving on the staff of a member from this state of the United 02 States Congress; 03 (11) serving as an employee of the state in a field office or other 04 location; 05 (12) accompanying a minor who is absent under (5) of this subsection; 06 (13) accompanying another eligible resident who is absent for a reason 07 permitted under (1), (2), (5) - (12), (16), or (17) of this subsection as the spouse, minor 08 dependent, or disabled dependent of the eligible resident; 09 (14) serving as a volunteer in the federal peace corps program; 10 (15) because of training or competing as a member of the United States 11 Olympic Team or a United States national team for an Olympic sport; 12 (16) participating for educational purposes in a student fellowship 13 sponsored by the United States Department of Education or by the United States 14 Department of State; 15 (17) for any reason consistent with the individual's intent to remain a 16 state resident, provided the absence or cumulative absences do not exceed 17 (A) 180 days in addition to any absence or cumulative absences 18 claimed 19 (i) under (3) of this subsection if the individual is not 20 claiming an absence under (1), (2), or (4) - (16) of this subsection; or 21 (ii) under (5) of this subsection if the individual is not 22 claiming an absence under (1) - (4) or (6) - (16) of this subsection; 23 (B) 120 days in addition to any absence or cumulative absences 24 claimed under (1) - (3) of this subsection if the individual is not claiming an 25 absence under (4) - (16) of this subsection but is claiming an absence under (1) 26 or (2) of this subsection; or 27 (C) 45 days in addition to any absence or cumulative absences 28 claimed under (1) - (16) of this subsection if the individual is claiming an 29 absence under (4) - (16) of this subsection. 30 * Sec. 38. AS 43.23.011(a) is amended to read: 31 (a) An application for a resource [PERMANENT FUND] dividend shall be
01 filed during the period that begins January 1 and ends March 31 of that dividend year. 02 * Sec. 39. AS 43.23.011(c) is amended to read: 03 (c) The commissioner may permit an individual to apply for a resource 04 [PERMANENT FUND] dividend for any year after the application deadline under (a) 05 or (b) of this section if the individual 06 (1) at any time during the application period for that dividend 07 established in (a) or (b) of this section, 08 (A) served on active duty as a member of the armed forces of 09 the United States; and 10 (B) was eligible for hostile fire or imminent danger pay; and 11 (2) demonstrates a reasonable cause for the delay in applying for that 12 dividend. 13 * Sec. 40. AS 43.23.015(a) is amended to read: 14 (a) The commissioner shall adopt regulations under AS 44.62 15 (Administrative Procedure Act) [THE ADMINISTRATIVE PROCEDURE ACT 16 (AS 44.62)] for determining the eligibility of an individual for a resource dividend 17 [INDIVIDUALS FOR PERMANENT FUND DIVIDENDS]. The commissioner may 18 require an individual to provide proof of eligibility, and the commissioner may use 19 other information available from other state departments or agencies to determine the 20 eligibility of an individual. The commissioner shall consider all relevant circumstances 21 in determining the eligibility of an individual. However, the residency of an 22 individual's spouse may not be the principal factor relied on [UPON] by the 23 commissioner in determining the residency of the individual. 24 * Sec. 41. AS 43.23.015(b) is amended to read: 25 (b) The department shall prescribe and furnish an application form for 26 claiming a resource [PERMANENT FUND] dividend. The application must include 27 (1) notice of the penalties provided for under AS 43.23.270; 28 (2) a statement of eligibility and a certification of residency; 29 (3) the means for an applicant eligible to vote under AS 15.05, or a 30 person authorized to act on behalf of the applicant, to furnish information required by 31 AS 15.07.060(a)(1) - (4) and (7) - (9), and an attestation that such information is true.
01 * Sec. 42. AS 43.23.015(c) is amended to read: 02 (c) Except as provided in (d) of this section or as may be provided by 03 regulations adopted by the department, an individual must personally sign the 04 application for a resource dividend [PERMANENT FUND DIVIDENDS], including 05 the certification of residency required under (b) of this section. 06 * Sec. 43. AS 43.23.015(e) is amended to read: 07 (e) If a public agency claims a resource [PERMANENT FUND] dividend on 08 behalf of an individual, the public agency shall hold the dividend in trust for the 09 individual. Money held in trust under this subsection shall be invested by the 10 commissioner in accordance with AS 37.10.070. 11 * Sec. 44. AS 43.23.015(f) is amended to read: 12 (f) A minor or a disabled or an incompetent individual may not maintain a 13 claim against the state or an officer or employee of the state based on the manner in 14 which the parent, guardian, or authorized representative other than a public agency of 15 the state managed or disposed of resource [PERMANENT FUND] dividends received 16 on behalf of the minor or disabled or incompetent individual. 17 * Sec. 45. AS 43.23.015(g) is amended to read: 18 (g) If an individual is aggrieved by a decision of the department determining 19 the individual's eligibility for a resource [PERMANENT FUND] dividend or the 20 individual's authority to claim a resource [PERMANENT FUND] dividend on behalf 21 of another, the individual may, upon payment of a $25 appeal fee, request the 22 department to review its decision. Within 12 months after the administrative appeal is 23 filed, the department shall provide the individual with a final written decision. If the 24 individual is aggrieved by the decision of the department after all administrative 25 proceedings, the individual may appeal that decision to the superior court in 26 accordance with AS 44.62.560. An appeal to the court under this section does not 27 entitle the aggrieved individual to a trial de novo. The appeal shall be based on the 28 record of the administrative proceeding from which appeal is taken and the scope of 29 appeal is limited to matters contained in the record of the administrative proceeding. 30 If, as a result of an administrative proceeding or a court appeal, the individual prevails, 31 the $25 appeal fee shall be returned to the individual by the department.
01 * Sec. 46. AS 43.23.015(h) is amended to read: 02 (h) The penalty and enforcement provisions of AS 43.23.270 apply to an 03 individual who claims a resource [PERMANENT FUND] dividend on behalf of 04 another. 05 * Sec. 47. AS 43.23.015(j) is amended to read: 06 (j) The application form for claiming a resource [PERMANENT FUND] 07 dividend must include a place for the applicant to voluntarily indicate that the 08 applicant is a veteran, the branch of service, including the Alaska Territorial Guard, 09 and the dates of service. Notwithstanding AS 43.23.110, the department shall release 10 information provided under this subsection to the Department of Military and 11 Veterans' Affairs and may not otherwise release the information. The Department of 12 Military and Veterans' Affairs may only release the information to congressionally 13 chartered veterans service organizations in the state. The application form must 14 contain notice that providing the information under this subsection is voluntary, that 15 the information will be released as provided in this subsection, and that the veterans 16 service organizations are not required to keep it confidential. 17 * Sec. 48. AS 43.23.021(a) is amended to read: 18 (a) Notwithstanding other provisions regarding the payment of resource 19 [PERMANENT FUND] dividends, if an individual is required to register as a sex 20 offender or child kidnapper under AS 12.63 and has not registered or has not 21 completed the required periodic verifications or notices required under AS 12.63, 22 payment of the dividend for that individual shall be delayed. 23 * Sec. 49. AS 43.23.021(c) is amended to read: 24 (c) The resource [PERMANENT FUND] dividend of an individual for whom 25 payment has been delayed, but that remains payable under (b) of this section, is 26 subject to levy, execution, garnishment, attachment, or any other remedy for the 27 collection of debt. The department shall immediately pay that dividend, or the portion 28 of it that has been claimed by a debtor, as provided in AS 43.23.140 - 43.23.170. 29 * Sec. 50. AS 43.23.021(d) is amended to read: 30 (d) If an individual for whom payment of a resource [PERMANENT FUND] 31 dividend has been delayed but remains payable under (b) of this section dies before
01 the dividend is paid or payable, the department shall pay the dividend to a personal 02 representative of the individual's estate. 03 * Sec. 51. AS 43.23.025(a) is amended to read: 04 (a) By October 1 of each year, the commissioner shall determine the value of 05 each resource [PERMANENT FUND] dividend for that year by 06 (1) determining the total amount available for dividend payments, 07 which equals 08 (A) the amount of income of the Alaska permanent fund 09 transferred to the dividend fund under AS 37.13.145(b) during the current year; 10 (B) plus the unexpended and unobligated balances of prior 11 fiscal year appropriations that lapse into the dividend fund under 12 AS 43.23.045(d); 13 (C) less the amount necessary to pay prior year dividends from 14 the dividend fund in the current year under AS 43.23.005(h), 43.23.021, and 15 43.23.055(3) and (7); 16 (D) less the amount necessary to pay dividends from the 17 dividend fund due to eligible applicants who, as determined by the department, 18 filed for a previous year's dividend by the filing deadline but who were not 19 included in a previous year's dividend computation; 20 (E) less appropriations from the dividend fund during the 21 current year, including amounts to pay costs of administering the dividend 22 program and the hold harmless provisions of AS 43.23.240; 23 (2) determining the number of individuals eligible to receive a 24 dividend payment for the current year and the number of estates and successors 25 eligible to receive a dividend payment for the current year under AS 43.23.005(h); and 26 (3) dividing the amount determined under (1) of this subsection by the 27 amount determined under (2) of this subsection. 28 * Sec. 52. AS 43.23.028(a) is amended to read: 29 (a) By October 1 of each year, the commissioner shall give public notice of 30 the value of each resource [PERMANENT FUND] dividend for that year and notice 31 of the information required to be disclosed under (3) of this subsection. In addition,
01 the stub attached to each individual dividend disbursement advice must 02 (1) disclose the amount of each dividend attributable to income earned 03 by the permanent fund from deposits to that fund required under art. IX, sec. 15, 04 Constitution of the State of Alaska; 05 (2) disclose the amount of each dividend attributable to income earned 06 by the permanent fund from appropriations to that fund and from amounts added to 07 that fund to offset the effects of inflation; 08 (3) disclose the amount by which each dividend has been reduced due 09 to each appropriation from the dividend fund, including amounts to pay the costs of 10 administering the dividend program and the hold harmless provisions of 11 AS 43.23.240; 12 (4) include a statement that an individual is not eligible for a dividend 13 when 14 (A) during the qualifying year, the individual was convicted of 15 a felony; 16 (B) during all or part of the qualifying year, the individual was 17 incarcerated as a result of the conviction of a 18 (i) felony; or 19 (ii) misdemeanor if the individual has been convicted of 20 a prior felony or two or more prior misdemeanors; 21 (5) include a statement that the legislative purpose for making 22 individuals listed under (4) of this subsection ineligible is to 23 (A) provide funds for services for and payments to crime 24 victims and operating costs of the Violent Crimes Compensation Board; 25 (B) provide funds to pay restitution owed to crime victims; 26 (C) provide funds for grants to nonprofit organizations for 27 services for crime victims and for mental health services and substance abuse 28 treatment for offenders; 29 (D) provide funds for the office of victims' rights; 30 (E) provide funds to the Council on Domestic Violence and 31 Sexual Assault for grants for the operation of domestic violence and sexual
01 assault programs; and 02 (F) obtain reimbursement for some of the costs imposed on the 03 Department of Corrections related to incarceration or probation of those 04 individuals; 05 (6) disclose the total amount that would have been paid during the 06 previous fiscal year to individuals who were ineligible to receive dividends under 07 AS 43.23.005(d) if they had been eligible; 08 (7) disclose the total amount transferred or appropriated for the current 09 fiscal year under AS 43.23.048 for each of the accounts, funds, and agencies listed in 10 AS 43.23.048. 11 * Sec. 53. AS 43.23.055 is amended to read: 12 Sec. 43.23.055. Duties of the department. The department shall 13 (1) annually pay resource [PERMANENT FUND] dividends from the 14 dividend fund; 15 (2) subject to AS 43.23.011 and (8) of this section, adopt regulations 16 under AS 44.62 (Administrative Procedure Act) that establish procedures and time 17 limits for claiming a resource [PERMANENT FUND] dividend; the department shall 18 determine the number of eligible applicants by October 1 of the year for which the 19 dividend is declared and pay the dividends by December 31 of that year; 20 (3) adopt regulations under AS 44.62 (Administrative Procedure Act) 21 that establish procedures and time limits for an individual upon emancipation or upon 22 reaching majority to apply for a resource dividend [PERMANENT FUND 23 DIVIDENDS] not received during minority because the parent, guardian, or other 24 authorized representative did not apply on behalf of the individual; 25 (4) assist residents of the state, particularly in rural areas, who, because 26 of language, disability, or inaccessibility to public transportation, need assistance to 27 establish eligibility and to apply for a resource dividend [PERMANENT FUND 28 DIVIDENDS]; 29 (5) use a list of individuals ineligible for a dividend under 30 AS 43.23.005(d) provided annually by the Department of Corrections and the 31 Department of Public Safety to determine the number and identity of those
01 individuals; 02 (6) adopt regulations that are necessary to implement AS 43.23.005(d) 03 and 43.23.048; 04 (7) adopt regulations that establish procedures for the parent, guardian, 05 or other authorized representative of a disabled individual to apply for a prior year 06 resource dividend [PERMANENT FUND DIVIDENDS] not received by the 07 disabled individual because no application was submitted on behalf of the individual; 08 (8) adopt regulations that establish procedures for an individual to 09 apply to have a dividend disbursement under AS 37.25.050(a)(2) reissued if it is not 10 collected within two years after the date of its issuance; however, the department may 11 not establish a time limit within which an application to have a disbursement reissued 12 must be filed; 13 (9) provide any information, upon request, contained in resource 14 [PERMANENT FUND] dividend records to the child support services agency created 15 in AS 25.27.010, or the child support enforcement agency of another state, for child 16 support purposes authorized under law; if the information is contained in an electronic 17 data base, the department shall provide the requesting agency with either 18 (A) access to the data base; or 19 (B) a copy of the information in the data base and a statement 20 certifying its contents; 21 (10) establish a fraud investigation unit for the purpose of assisting the 22 (A) Department of Law in the prosecution of individuals who 23 apply for or obtain a resource [PERMANENT FUND] dividend in violation of 24 a provision in AS 11, by detecting and investigating those crimes; and 25 (B) commissioner to detect and investigate the claiming or 26 paying of a resource dividend [PERMANENT FUND DIVIDENDS] that 27 should not have been claimed by or paid to an individual and to impose the 28 penalties and enforcement provisions under AS 43.23.270; 29 (11) adopt regulations under AS 44.62 (Administrative Procedure Act) 30 so that contributions under AS 43.23.130 are given a priority over donations under 31 AS 43.23.230 if the total amount of contributions and donations elected by an
01 applicant exceeds the amount of the resource [PERMANENT FUND] dividend that 02 the applicant is entitled to receive; 03 (12) submit fingerprints and fees to the Department of Public Safety 04 for a national criminal history record check under AS 12.62.400 for the purpose of 05 determining a person's qualifications and suitability for administering the resource 06 [PERMANENT FUND] dividend program under this chapter. 07 * Sec. 54. AS 43.23.101 is amended to read: 08 Sec. 43.23.101. Voter registration. The commissioner shall establish by rule a 09 schedule by which the commissioner will provide, and shall provide as soon as is 10 practicable the director of elections with 11 (1) electronic records from the resource [PERMANENT FUND] 12 dividend applications of the information required by AS 15.07.060(a)(1) - (4) and (7) - 13 (9), and the attestation that such information is true, for each resource 14 [PERMANENT FUND] dividend applicant who 15 (A) is a citizen of the United States; and 16 (B) is at least 18 years of age or will be within 90 days of the 17 date of the application; and 18 (2) the mailing addresses for all resource [PERMANENT FUND] 19 dividend applicants. 20 * Sec. 55. AS 43.23.110 is amended to read: 21 Sec. 43.23.110. Applicant information confidential. (a) Except as provided 22 in (c) of this section, information on each resource [PERMANENT FUND] dividend 23 application, except the applicant's name, is confidential. The department may only 24 release information that is confidential under this section 25 (1) to a local, state, or federal government agency; 26 (2) in compliance with a court order; 27 (3) to the individual who or agency that files an application on behalf 28 of another; 29 (4) to a banking institution to verify the direct deposit of a resource 30 [PERMANENT FUND] dividend or correct an error in that deposit; 31 (5) as directed to do so by the applicant;
01 (6) to a contractor who has a contract with a person entitled to obtain 02 the information under (1) - (5) of this section to receive, store, or manage the 03 information on that person's behalf; a contractor receiving data under this paragraph 04 may only use the data as directed by and for the purposes of the person entitled to 05 obtain the information; 06 (7) to the division of elections as required by AS 43.23.101. 07 (b) Notwithstanding (a) of this section, the department may release the names 08 and addresses of resource [PERMANENT FUND] dividend applicants to a legislator 09 of this state and to the legislator's office staff for official legislative purposes. 10 (c) Information submitted on a resource [PERMANENT FUND] dividend 11 application that is used for the purpose of registering an applicant to vote under 12 AS 43.23.101 shall be kept confidential by the division of elections as provided in 13 AS 15.07.195. 14 * Sec. 56. AS 43.23.130(a) is amended to read: 15 (a) Notwithstanding AS 43.23.200, the Department of Revenue shall prepare 16 the electronic resource [ALASKA PERMANENT FUND] dividend application to 17 allow an applicant who files electronically to direct that money be subtracted from the 18 dividend payment and contributed to the crime victim compensation fund 19 (AS 18.67.162), the peace officer and firefighter survivors' fund, or one or more of the 20 educational organizations, community foundations, or charitable organizations that 21 appear on the contribution list contained in the application. A contribution to the crime 22 victim compensation fund, the peace officer and firefighter survivors' fund or to an 23 organization may be $25, $50, $75, $100, or more, in increments of $50, up to the 24 total amount of the resource [PERMANENT FUND] dividend that the applicant is 25 entitled to receive. If the total amount of contributions elected by an applicant exceeds 26 the amount of the resource [PERMANENT FUND] dividend that the applicant is 27 entitled to receive, contributions shall be deducted from the dividend in the order of 28 priority elected by the applicant on the application until the entire amount of the 29 dividend that the applicant is entitled to receive is allocated for contribution. The 30 electronic dividend application form must include notice that seven percent of the 31 money contributed will be used for administrative costs incurred in implementing this
01 section, and money from the dividend fund will not be used for that purpose. 02 * Sec. 57. AS 43.23.140 is amended to read: 03 Sec. 43.23.140. Exemption of and levy on resource [PERMANENT FUND] 04 dividends. (a) Except as provided in (b) of this section, 20 percent of the annual 05 resource [PERMANENT FUND] dividend payable to an individual is exempt from 06 levy, execution, garnishment, attachment, or any other remedy for the collection of 07 debt. No other exemption applies to a dividend. Notwithstanding other laws, a writ of 08 execution on [UPON] a dividend that has not been delivered to the debtor may be 09 served on the commissioner by 10 (1) certified mail, return receipt requested; or 11 (2) a civilian process server licensed by the commissioner of public 12 safety using electronic execution procedures, as provided under regulations adopted by 13 the department. 14 (b) An exemption is not available under this section for resource 15 [PERMANENT FUND] dividends taken to satisfy 16 (1) child support obligations required by court order or decision of the 17 child support services agency under AS 25.27.140 - 25.27.220; 18 (2) court ordered restitution under AS 12.55.045 - 12.55.051, 19 12.55.100, or AS 47.12.120(b)(4); 20 (3) claims on defaulted education loans under AS 43.23.160; 21 (4) court ordered fines; 22 (5) writs of execution under AS 09.35 of a judgment that is entered 23 (A) against a minor in a civil action to recover damages and 24 court costs; 25 (B) under AS 09.65.255 against the parent, parents, or legal 26 guardian of an unemancipated minor; 27 (6) a debt owed by an eligible individual to an agency of the state, 28 including the University of Alaska, unless the debt is contested and an appeal is 29 pending, or the time limit for filing an appeal has not expired; 30 (7) a debt owed to a person for a program for the rehabilitation of 31 perpetrators of domestic violence required under AS 12.55.101, AS 18.66.100(c)(15),
01 AS 25.20.061(3), or AS 33.16.150(f)(2); 02 (8) a judgment for unpaid rent or damage owed to a landlord by an 03 eligible individual that was a tenant of the landlord; in this paragraph, "tenant" has the 04 meaning given in AS 34.03.360; 05 (9) court-ordered forfeiture of an appearance or performance bond 06 under AS 12.30.075. 07 (c) Claims listed in (b) of this section have priority in the order listed over 08 other claims on a resource [PERMANENT FUND] dividend whether payments are 09 sought through legal actions for the collection of debts or through assignments from 10 the debtor. 11 (d) An assignment of or levy, execution, garnishment, attachment, or other 12 remedy for the collection of debt applied to a dividend for a year may not be accepted 13 by the department before April 1 of that same year. AS 09.38.080(c) and 09.38.085 do 14 not apply to a levy on a resource [PERMANENT FUND] dividend. Upon receipt of a 15 writ of execution under (a) of this section or another court order, the commissioner 16 shall deliver to the court that portion of the dividend executed on along with the case 17 name and number. At the time payment is made to the court, the department shall send 18 notice to the court that issued the writ or order and to the individual at the address 19 provided in the individual's dividend application or the electronic mail address at 20 which the individual has consented to receive notices or documents in a verifiable 21 manner, as provided in regulations adopted by the department. The notice must 22 contain 23 (1) notification that all or part of the individual's dividend has been 24 seized under a writ of execution or court order; 25 (2) the name and address of the court that issued the writ or order; 26 (3) the case number for which the writ or order was issued; 27 (4) the amount seized under the writ or order; and 28 (5) notification that the individual has 30 days from the date the notice 29 is mailed in which to file with the court an objection to the seizure if a mistake has 30 been made. 31 * Sec. 58. AS 43.23.150(a) is amended to read:
01 (a) AS 09.38 does not apply to a resource dividend [PERMANENT FUND 02 DIVIDENDS] taken under AS 47.12.155(c). Notwithstanding AS 09.35, execution on 03 a dividend claimed under AS 47.12.155(c) is accomplished by delivering a certified 04 claim to the department containing the following information: 05 (1) the name and social security number of the individual whose 06 dividend is being claimed; 07 (2) the amount the individual owes on the reimbursement claim; and 08 (3) a statement that 09 (A) the Department of Family and Community Services has 10 notified the individual that future resource [PERMANENT FUND] dividends 11 of the individual will be taken to satisfy the reimbursement claim; 12 (B) the individual was notified of the right to request a hearing 13 and allowed 30 days after the date of the notice described in (A) of this 14 paragraph to request the Department of Family and Community Services to 15 hold a hearing on the reimbursement claim; 16 (C) the reimbursement claim has not been contested, or, if 17 contested, that the issue has been resolved in favor of the Department of 18 Family and Community Services; and 19 (D) if the reimbursement claim has been contested and resolved 20 in favor of the Department of Family and Community Services, no appeal is 21 pending, the time limit for filing an appeal has expired, or the appeal has been 22 resolved in favor of the Department of Family and Community Services. 23 * Sec. 59. AS 43.23.150(b) is amended to read: 24 (b) The Department of Family and Community Services shall notify the 25 individual if a dividend is claimed under (a) of this section. The notice shall be sent to 26 the address provided in the individual's resource [PERMANENT FUND] dividend 27 application and must provide the following information: 28 (1) the amount of the reimbursement claim; 29 (2) notice that the resource [PERMANENT FUND] dividend, or that 30 portion of the resource [PERMANENT FUND] dividend that does not exceed the 31 amount of the reimbursement claim, shall be paid to the Department of Family and
01 Community Services; and 02 (3) notification that the individual has a right to request a hearing and 03 has 30 days after the date the notice is mailed in which to file with the Department of 04 Family and Community Services an objection to the dividend claim if a mistake has 05 been made. 06 * Sec. 60. AS 43.23.160(a) is amended to read: 07 (a) AS 09.38 does not apply to a resource [PERMANENT FUND] dividend 08 taken under AS 14.43.145. Notwithstanding AS 09.35, the Alaska Commission on 09 Postsecondary Education may take a resource [PERMANENT FUND] dividend 10 under AS 14.43.145 by delivering a claim to the department certifying the following 11 information: 12 (1) the name and social security number of the individual whose 13 dividend is being claimed; 14 (2) the amount the individual owes on a loan awarded under AS 14.43; 15 and 16 (3) a statement that the loan is in default under AS 14.43.145, or, if the 17 individual has requested review of the status of the loan under AS 14.43.145(c), that a 18 final determination has been made that the loan is in default. 19 * Sec. 61. AS 43.23.160(b) is amended to read: 20 (b) The Alaska Commission on Postsecondary Education shall notify the 21 individual of a claim under (a) of this section. The notice shall be sent to the address 22 provided in the individual's resource [PERMANENT FUND] dividend application 23 and must provide the following information: 24 (1) the amount of the claim; 25 (2) notice that the amount of the resource [PERMANENT FUND] 26 dividend up to the amount of the claim shall be paid to the Alaska Commission on 27 Postsecondary Education to be credited against the individual's loan balance; and 28 (3) the individual's right to a hearing under (c) of this section. 29 * Sec. 62. AS 43.23.160(c) is amended to read: 30 (c) Within 30 days after the date of the notice under (b) of this section, the 31 individual may request a hearing. AS 44.62.330 - 44.62.630 apply to a hearing under
01 this section. At the hearing, the borrower has the burden to show that 02 (1) the commission has not sent a notice of default in compliance with 03 AS 14.43.145(b); 04 (2) the notice of default has been rescinded after review under 05 AS 14.43.145(c); or 06 (3) the amount owed by the borrower is less than the amount claimed 07 from the resource [PERMANENT FUND] dividend. 08 * Sec. 63. AS 43.23.170(a) is amended to read: 09 (a) AS 09.38 does not apply to a resource dividend [PERMANENT FUND 10 DIVIDENDS] taken under AS 47.05.080(b). Notwithstanding AS 09.35, execution on 11 a dividend claimed under AS 47.05.080(b) is accomplished by delivering a certified 12 claim to the department containing the following information: 13 (1) the name and social security number of the individual whose 14 dividend is being claimed; 15 (2) the amount the individual owes on the overpayment claim; and 16 (3) a statement that 17 (A) the Department of Health has notified the individual that 18 future resource [PERMANENT FUND] dividends of the individual will be 19 taken to satisfy the overpayment claim; 20 (B) the individual was notified of the right to request a hearing 21 and allowed 30 days from the date of the notice under (A) of this paragraph to 22 request the Department of Health to hold a hearing on the overpayment claim; 23 (C) the overpayment claim has not been contested, or, if 24 contested, that the issue has been resolved in favor of the Department of 25 Health; and 26 (D) if the overpayment claim has been contested and resolved 27 in favor of the Department of Health, no appeal is pending, the time limit for 28 filing an appeal has expired, or the appeal has been resolved in favor of the 29 Department of Health. 30 * Sec. 64. AS 43.23.170(b) is amended to read: 31 (b) The Department of Health shall notify the individual if a dividend is
01 claimed under (a) of this section. The notice shall be sent to the address provided in 02 the individual's resource [PERMANENT FUND] dividend application and must 03 provide the following information: 04 (1) the amount of the overpayment claim; 05 (2) notice that the amount of the resource [PERMANENT FUND] 06 dividend that does not exceed the amount of the overpayment claim shall be paid to 07 the Department of Health; and 08 (3) notification that the individual has a right to request a hearing and 09 has 30 days from the date the notice is mailed in which to file with the Department of 10 Health an objection to the dividend claim if a mistake has been made. 11 * Sec. 65. AS 43.23.180(a) is amended to read: 12 (a) AS 09.38 does not apply to a resource dividend [PERMANENT FUND 13 DIVIDENDS] taken by the Department of Labor and Workforce Development for a 14 claim for payment of money owed under AS 23.20 (Alaska Employment Security 15 Act). Notwithstanding AS 09.35, execution on a dividend claimed under this section is 16 accomplished by delivering a certified claim to the Department of Revenue containing 17 the following information: 18 (1) the name and social security number of the individual whose 19 dividend is being claimed; if the Department of Labor and Workforce Development 20 does not have access to the individual's social security number for this purpose, the 21 department may supply other identification information authorized under regulations 22 to make a claim under AS 43.23.140; 23 (2) the amount the individual owes on the claim under AS 23.20; 24 (3) a statement that 25 (A) the Department of Labor and Workforce Development has 26 notified the individual that future resource [PERMANENT FUND] dividends 27 of the individual will be taken to satisfy the claim under AS 23.20; 28 (B) the individual was notified of the right to request a hearing 29 under AS 23.20 and the Department of Labor and Workforce Development has 30 allowed the individual at least 30 days after the date of the notice described in 31 (A) of this paragraph to request a hearing on the claim;
01 (C) the claim under AS 23.20 has not been contested, or, if 02 contested, the issue has been resolved in favor of the Department of Labor and 03 Workforce Development; and 04 (D) if the claim under AS 23.20 has been contested and 05 resolved in favor of the Department of Labor and Workforce Development, an 06 appeal is not pending, the time limit for filing an appeal has expired, or the 07 appeal has been resolved in favor of the department. 08 * Sec. 66. AS 43.23.180(b) is amended to read: 09 (b) The Department of Labor and Workforce Development shall notify the 10 individual if a dividend is claimed under (a) of this section. The notice shall be sent to 11 the mailing address provided in the individual's resource [PERMANENT FUND] 12 dividend application and must provide the following information: 13 (1) the amount of the claim under AS 23.20; 14 (2) notice that the resource [PERMANENT FUND] dividend, or that 15 portion of the resource [PERMANENT FUND] dividend that does not exceed the 16 amount of the claim under AS 23.20, shall be paid to the Department of Labor and 17 Workforce Development in accordance with priorities established in state law; 18 (3) notice that the individual has a right to request a hearing and has a 19 specific time after the date that the notice is mailed in which to file with the 20 Department of Labor and Workforce Development an objection to paying the claim 21 from the individual's resource [PERMANENT FUND] dividend. 22 * Sec. 67. AS 43.23.190(a) is amended to read: 23 (a) AS 09.38 does not apply to a resource [PERMANENT FUND] dividend 24 taken under AS 14.40.251. Notwithstanding AS 09.35, the University of Alaska may 25 take a resource [PERMANENT FUND] dividend under AS 14.40.251 by delivering a 26 claim to the department certifying the following information: 27 (1) the name and social security number of the individual whose 28 dividend is being claimed; 29 (2) the amount the individual owes the university; and 30 (3) a statement that 31 (A) the amount claimed is in default under AS 14.40.251;
01 (B) the university has notified the individual that future 02 resource [PERMANENT FUND] dividends will be taken to satisfy the claim; 03 (C) the individual was notified of the right to request a hearing 04 and allowed 30 days after the date of the notice described in (B) of this 05 paragraph to request the university to hold a hearing on the claim; 06 (D) the claim has not been contested or, if contested, the issue 07 has been resolved in favor of the university; and 08 (E) if the claim has been contested and resolved in favor of the 09 university, no appeal is pending, the time limit for filing an appeal has expired, 10 or the appeal has been resolved in favor of the university. 11 * Sec. 68. AS 43.23.190(b) is amended to read: 12 (b) The University of Alaska shall notify the individual of a claim under (a) of 13 this section. The notice shall be sent to the address provided in the individual's 14 resource [PERMANENT FUND] dividend application and must provide the 15 following information: 16 (1) the amount of the claim; 17 (2) notice that the amount of the resource [PERMANENT FUND] 18 dividend up to the amount of the claim shall be paid to the university to be credited 19 against the individual's default balance; and 20 (3) notice of the individual's right to a hearing under (c) of this section. 21 * Sec. 69. AS 43.23.190(c) is amended to read: 22 (c) Within 30 days after the date of the notice under (b) of this section, the 23 individual may request a hearing. AS 44.62.330 - 44.62.630 apply to a hearing under 24 this subsection. At the hearing, the individual has the burden to show that 25 (1) the university has not sent a notice of default in compliance with 26 AS 14.40.251(b); 27 (2) the notice of default has been rescinded after review under 28 AS 14.40.251(c); or 29 (3) the amount owed by the individual is less than the amount claimed 30 from the resource [PERMANENT FUND] dividend. 31 * Sec. 70. AS 43.23.200(a) is amended to read:
01 (a) Except as provided in (b) of this section, a person eligible to receive a 02 resource [PERMANENT FUND] dividend may not assign the right to the dividend. 03 An attempted assignment of the right to receive a resource [PERMANENT FUND] 04 dividend is against public policy and is void. 05 * Sec. 71. AS 43.23.200(b) is amended to read: 06 (b) A person may assign the right to receive a resource [PERMANENT 07 FUND] dividend to a federal, state, or municipal government agency or to a court. 08 * Sec. 72. AS 43.23.230(b) is amended to read: 09 (b) Notwithstanding AS 43.23.200, the department shall provide on the 10 resource [ALASKA PERMANENT FUND] dividend application an option for an 11 applicant who is 18 years of age or older to direct that all or a portion of the applicant's 12 dividend payment be donated for educational purposes and to enter the 13 [PERMANENT FUND] dividend raffle as provided in (c) of this section. A donation 14 under this section may be $100 or more, in increments of $100, up to the total amount 15 of the resource [PERMANENT FUND] dividend that the applicant is entitled to 16 receive. 17 * Sec. 73. AS 43.23.240 is amended to read: 18 Sec. 43.23.240. Eligibility for public assistance. (a) In determining the 19 eligibility of an individual under a public assistance program administered by the 20 Department of Health in which eligibility for assistance is based on financial need, the 21 Department of Health may not consider a resource [PERMANENT FUND] dividend 22 as income or resources received by the recipient of public assistance or by a member 23 of the recipient's household unless required to do so by federal law or regulation. The 24 Department of Health shall notify all recipients of public assistance of the effects of 25 receiving a resource [PERMANENT FUND] dividend. 26 (b) An individual who is denied medical assistance under 42 U.S.C. 1396 - 27 1396p (Social Security Act, Title XIX) solely because of the receipt of a resource 28 [PERMANENT FUND] dividend by the individual or by a member of the individual's 29 household is eligible for state-funded medical assistance under AS 47.25.120 - 30 47.25.300 (general relief assistance program). The individual is entitled to receive, for 31 a period not to exceed four months, the same level of medical assistance as the
01 individual would have received under 42 U.S.C. 1396 - 1396p (Social Security Act, 02 Title XIX) had there been no resource [PERMANENT FUND] dividend program. 03 (c) An individual who is denied assistance solely because a resource 04 dividend [PERMANENT FUND DIVIDENDS] received by the individual or by a 05 member of the individual's household are counted as income or resources under 06 federal law or regulation is eligible for cash assistance under AS 47.25.120 - 07 47.25.300 (general relief assistance program). Notwithstanding the limit in 08 AS 47.25.130, the individual is entitled to receive, for a period not to exceed four 09 months, the same amount as the individual would have received under other public 10 assistance programs had there been no resource [PERMANENT FUND] dividend 11 program. 12 * Sec. 74. AS 43.23.250 is amended to read: 13 Sec. 43.23.250. Eligibility for state programs. A program administered by 14 the state or any of its instrumentalities or municipalities, the eligibility for which is 15 based on financial need, may not consider a resource [PERMANENT FUND] 16 dividend as income or resources unless required to do so by federal law or regulation. 17 * Sec. 75. AS 43.23.270(a) is amended to read: 18 (a) In addition to any criminal penalties imposed by state law, if an individual 19 is convicted of a crime in connection with a false statement made in a certification 20 required under AS 43.23.015, and the conviction is not reversed, that individual 21 forfeits all resource [PERMANENT FUND] dividends paid and is not eligible for a 22 future resource [PERMANENT FUND] dividend. 23 * Sec. 76. AS 43.23.270(b) is amended to read: 24 (b) If the commissioner determines that a resource [PERMANENT FUND] 25 dividend should not have been claimed by or paid to an individual, the commissioner 26 may use all collection procedures or remedies available for collection of taxes under 27 this title to recover the payment of a resource [PERMANENT FUND] dividend that 28 was improperly made. A notice of an improperly paid dividend must be sent to the 29 individual within 30 (1) three years after the improper payment is sent; or 31 (2) six years after the improper payment is sent if the commissioner
01 determines that the individual exercised gross negligence or recklessly disregarded a 02 material fact in connection with a false statement made in an application. 03 * Sec. 77. AS 43.23.270(c) is amended to read: 04 (c) In addition to any criminal penalties imposed by state law, if the 05 department finds that an individual, in claiming a resource [PERMANENT FUND] 06 dividend, or an individual, in certifying another person's eligibility, wilfully 07 misrepresents, exercises gross negligence with respect to, or recklessly disregards a 08 material fact pertaining to [,] eligibility, the department may issue an order against the 09 individual for the 10 (1) forfeiture of the dividend; 11 (2) imposition of a civil fine of up to $3,000; and 12 (3) loss of eligibility to receive the next five dividends following the 13 forfeited dividend. 14 * Sec. 78. AS 43.23.295 is amended by adding a new paragraph to read: 15 (9) "resource dividend" means a right to receive a payment from the 16 dividend fund. 17 * Sec. 79. AS 43.40.092(b)(1) is amended to read: 18 (1) the term "resident worker" means an individual who 19 (A) is physically present in the state with the intent to remain in 20 the state indefinitely and has a home in the state; 21 (B) demonstrates that intent by maintaining a residence in the 22 state; 23 (C) possesses a resident fishing, trapping, or hunting license, or 24 receives a resource [PERMANENT FUND] dividend; and 25 (D) may be required to state under oath that the individual is 26 not claiming residency outside of the state or obtaining benefits under a claim 27 of residency outside of the state; 28 * Sec. 80. AS 43.82.230(e)(3) is amended to read: 29 (3) "Alaska resident" means a natural person who 30 (A) receives a resource [PERMANENT FUND] dividend 31 under AS 43.23; or
01 (B) is registered to vote under AS 15 and qualifies for a 02 resident fishing, hunting, or trapping license under AS 16; 03 * Sec. 81. AS 44.64.030(a)(33) is amended to read: 04 (33) AS 43.23 (resource [PERMANENT FUND] dividends); 05 * Sec. 82. AS 44.99.205(c)(3) is amended to read: 06 (3) "program" includes the resource [PERMANENT FUND] dividend 07 program under AS 43.23 and the longevity bonus program under AS 47.45.010 - 08 47.45.160; 09 * Sec. 83. AS 45.35.040 is amended to read: 10 Sec. 45.35.040. Prohibited provisions. A lease-purchase agreement may not 11 contain 12 (1) a confession of judgment; 13 (2) a negotiable instrument; 14 (3) a security interest in, or another claim on, real or personal property 15 that is not the subject of the agreement; 16 (4) a wage assignment; 17 (5) an assignment of a resource [AN ALASKA PERMANENT 18 FUND] dividend; 19 (6) a waiver by the consumer of claims or defenses relating to the 20 agreement; 21 (7) a provision authorizing the lessor or a person acting on the lessor's 22 behalf to enter the consumer's premises or to commit a breach of the peace in the 23 repossession of personal property; 24 (8) an agreement by the consumer to pay attorney fees and costs, 25 except as allowed under court rules. 26 * Sec. 84. AS 47.05.080(b) is amended to read: 27 (b) The resource [PERMANENT FUND] dividend of a former recipient of a 28 public assistance program listed under (a) of this section may be taken under 29 AS 43.23.140(b)(6) and 43.23.170 to satisfy the balance due on a defaulted 30 overpayment claim. 31 * Sec. 85. AS 47.10.115(a) is amended to read:
01 (a) The department shall annually apply for a resource [PERMANENT 02 FUND] dividend and retain in trust under AS 43.23.015(e) for the benefit of the child 03 the dividend and accrued interest on the dividend if the child is in the custody of the 04 department when the application is due. 05 * Sec. 86. AS 47.12.155(c) is amended to read: 06 (c) If a court orders a minor's parent or guardian to participate in treatment 07 under (b) of this section, the court also shall order the parent or guardian to use any 08 available insurance or another resource to cover the treatment, or to pay for the 09 treatment if other coverage is unavailable. If the court determines that the parent or 10 guardian is unable to pay for the treatment due to indigence and the department pays 11 for the treatment, the department may seek reimbursement only from the indigent 12 parent's or guardian's resource [PERMANENT FUND] dividend. 13 * Sec. 87. AS 47.12.155(d) is amended to read: 14 (d) The resource [PERMANENT FUND] dividend of an indigent parent or 15 guardian participating in treatment ordered under (b) of this section may be taken 16 under AS 43.23.140(b)(6) and 43.23.150 to satisfy the balance due on a 17 reimbursement claim by the department under (c) of this section. 18 * Sec. 88. AS 47.55.020(d) is amended to read: 19 (d) Notwithstanding AS 47.55.070 and (b) of this section, a resident of a home 20 whose income, assets, and other resources are insufficient to pay the monthly or daily 21 rates set under AS 47.55.030(f) plus charges under AS 47.55.030(b), and who does not 22 have private insurance to cover the cost of care, qualifies for payment assistance if the 23 resident is otherwise in compliance with requirements under this chapter. The amount 24 of payment assistance equals the amount needed, when added to other income and 25 assets of the resident, to pay the monthly or daily rates set under AS 47.55.030(f) plus 26 charges under AS 47.55.030(b). Payment assistance received by a home resident is a 27 debt to the state. In determining the amount of payment assistance for which a home 28 resident qualifies, the following income, assets, and other resources of the resident 29 shall be disregarded: 30 (1) income from any source in an amount up to $300 a month as 31 established by the department by regulation;
01 (2) the following assets received under 43 U.S.C. 1601 et seq. (Alaska 02 Native Claims Settlement Act): 03 (A) cash dividends and other income equal to at least $2,000 as 04 established by the department by regulation; 05 (B) stock; 06 (C) noncash dividends from stock; and 07 (D) land; 08 (3) a resource [PERMANENT FUND] dividend issued under 09 AS 43.23; 10 (4) compensation to volunteers under the federal retired and senior 11 volunteers (42 U.S.C. 5001), foster grandparents (42 U.S.C. 5011), and senior 12 companion (42 U.S.C. 5013) programs made in accordance with 42 U.S.C. 5044(f); 13 (5) federal World War II restitution payments made under 50 U.S.C. 14 App. 1989b-4 and c-5; 15 (6) payments under AS 18.67 (Violent Crimes Compensation Board); 16 (7) an amount, determined by the department by regulation, that is 17 sufficient for burial expenses of the resident, the resident's spouse, and dependents of 18 the resident; 19 (8) real property being used as the primary residence of the resident's 20 spouse or a dependent of the resident; 21 (9) other real or personal property equal to at least a total value of up 22 to $10,000 as established by the department by regulation; 23 (10) federal payments that are excluded by law from income for 24 federal assistance purposes. 25 * Sec. 89. AS 43.23.295(5) is repealed. 26 * Sec. 90. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 APPLICABILITY. The following sections apply to offenses committed on or after the 29 effective date of this Act: 30 (1) AS 11.56.205(a), as amended by sec. 4 of this Act; 31 (2) AS 11.56.205(b), as amended by sec. 5 of this Act;
01 (3) AS 11.56.800(a), as amended by sec. 6 of this Act; 02 (4) AS 11.66.280(3), as amended by sec. 7 of this Act; 03 (5) AS 12.25.200(b), as amended by sec. 8 of this Act; and 04 (6) AS 12.55.041(d), as amended by sec. 9 of this Act. 05 * Sec. 91. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 TRANSITION. A right, responsibility, liability, or other obligation related to the 08 former permanent fund dividend created by or under a law amended or repealed by this Act, 09 and in effect on the effective date of this Act, remains in effect notwithstanding this Act's 10 taking effect. 11 * Sec. 92. This Act takes effect July 1, 2026.