Legislature(2007 - 2008)
2008-04-07 House Journal
Full Journal pdf2008-04-07 House Journal Page 2700 HB 366 The following was read the second time: HOUSE BILL NO. 366 "An Act relating to an exemption from public disclosure of certain appropriations from the dividend fund; and providing for an effective date." with the: Journal Page STA RPT 2DP 4NR 2380 FN1: ZERO(COR) 2380 FN2: ZERO(REV) 2380 FIN RPT 3DP 6NR 2602 FN2: ZERO(REV) 2602 FN3: ZERO(COR) 2602 Amendment No. 1 was offered by Representatives Chenault and Crawford: Page 1, line 2, following "fund;" (title amendment): Insert "relating to execution upon permanent fund dividends by civilian process servers using electronic procedures; amending Rule 89, Alaska Rules of Civil Procedure;" Page 2, following line 8: Insert new bill sections to read: "* Sec. 2. AS 43.23.065(a) is amended to read: (a) Except as provided in (b) of this section, 20 percent of the annual permanent fund dividend payable to an individual is exempt from levy, execution, garnishment, attachment, or any 2008-04-07 House Journal Page 2701 other remedy for the collection of debt. No other exemption applies to a dividend. Notwithstanding other laws, a writ of execution upon a dividend that has not been delivered to the debtor may be served on the commissioner by (1) certified mail, return receipt requested; or (2) a civilian process server licensed by the commissioner of public safety using electronic execution procedures, as provided under regulations adopted by the department [. UPON RECEIPT OF A WRIT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, THE COMMISSIONER SHALL DELIVER THAT PORTION OF THE DIVIDEND EXECUTED UPON TO THE COURT ALONG WITH THE CASE NAME AND NUMBER]. * Sec. 3. AS 43.23.065(d) is amended to read: (d) An assignment of or levy, execution, garnishment, attachment, or other remedy for the collection of debt applied to a dividend for a year may not be accepted by the department before April 1 of that same year. AS 09.38.080(c) and 09.38.085 do not apply to a levy on a permanent fund dividend. Upon receipt of a writ of execution under (a) of this section or another court order, the commissioner shall deliver to the court that portion of the dividend executed upon along with the case name and number. [THE DEPARTMENT SHALL INCLUDE THE CASE NUMBER WITH A DIVIDEND OR PORTION OF A DIVIDEND TRANSMITTED TO THE COURT IN RESPONSE TO A WRIT OF EXECUTION OR OTHER COURT ORDER.] At the time payment is made to the court, the department shall send to the individual at the address provided in the individual's dividend application and to the court that issued the writ or order a notice that contains (1) notification that all or part of the individual's dividend has been seized under a writ of execution or court order; (2) the name and address of the court that issued the writ or order; (3) the case number for which the writ or order was issued; (4) the amount seized under the writ or order; and (5) notification that the individual has 30 days from the date the notice is mailed in which to file with the court an objection to the seizure if a mistake has been made. 2008-04-07 House Journal Page 2702 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to read: INDIRECT COURT RULE AMENDMENT. The provisions of secs. 2 and 3 of this Act have the effect of changing Rule 89, Alaska Rules of Civil Procedure, by allowing a civilian process server licensed by the commissioner of public safety to execute upon an Alaska Permanent Fund dividend by electronic means in accordance with regulations adopted by the Department of Revenue. * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to read: CONDITIONAL EFFECT. The amendments to AS 43.23.065 made by secs. 2 and 3 of this Act take effect only if sec. 4 of this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska." Renumber the following bill sections accordingly. Page 2, line 9: Delete "This Act" Insert "Section 1 of this Act" Page 2, following line 9: Insert a new bill section to read: "* Sec. 7. If, under sec. 5 of this Act, secs. 2 and 3 of this Act take effect, they take effect January 1, 2009." Representative Crawford moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted and the new title follows: HOUSE BILL NO. 366 am "An Act relating to an exemption from public disclosure of certain appropriations from the dividend fund; relating to execution upon permanent fund dividends by civilian process servers using electronic procedures; amending Rule 89, Alaska Rules of Civil Procedure; and providing for an effective date." 2008-04-07 House Journal Page 2703 Representative Samuels moved and asked unanimous consent that HB 366 am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 366 am was read the third time. The question being: "Shall HB 366 am pass the House?" The roll was taken with the following result: HB 366 am Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas Excused: Foster Absent: Kelly, Wilson And so, HB 366 am passed the House. Representative Samuels moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Samuels moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. There being no objection, it was so ordered. Representative Crawford gave notice of reconsideration of the vote on HB 366 am.