04/05/2008 12:00 PM House FINANCE

 CS FOR SENATE BILL NO. 265(FIN)                                                                                              
                                                                                                                                
      "An  Act relating  to  the  payment  of  permanent  fund                                                                  
      dividends to  certain individuals  required to  register                                                                  
      as  sex  offenders  or  child kidnappers;   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."                                                                                                   
                                                                                                                                
 7:59:28 PM                                                                                                                   
                                                                                                                                
 TREVOR FULTON, STAFF,  SENATOR LESIL  MCGUIRE, explained  the                                                                  
 bill's intent  to bring  sex offenders  into compliance  with                                                                  
 the state  sex offender  registry. Approximately  one out  of                                                                  
 ten convicted  sex offenders  in the  state is non-compliant                                                                   
 with the  registry. The  bill would  withhold Permanent  Fund                                                                  
 Dividends  (PFD) from  anyone  not  properly  registered  and                                                                  
 would allow the  Permanent Fund Division  to issue the  writs                                                                  
 electronically.  Currently  there  are  approximately   4,200                                                                  
 people on the registry.                                                                                                        
                                                                                                                                
 8:02:00 PM                                                                                                                   
                                                                                                                                
 Representative Nelson asked  for clarification regarding  the                                                                  
 writs. Mr.  Fulton explained writs  as court  orders for  the                                                                  
 Division to sign over a PFD check to a debtor.                                                                                 
                                                                                                                                
 DEBBIE   RICHTER,   DIRECTOR,   PERMANENT   FUND   DIVISION,                                                                   
 DEPARTMENT OF  REVENUE, explained  that a writ  is the  court                                                                  
 document issued when a person owes any debt. It functions  as                                                                  
 permission for an agency or bank to pay the funds elsewhere.                                                                   
                                                                                                                                
 8:05:33 PM                                                                                                                   
                                                                                                                                
 There  was  a  discussion   about  PFD  payment  related   to                                                                  
 eligibility and compliancy.                                                                                                    
                                                                                                                                
 8:07:04 PM                                                                                                                   
                                                                                                                                
 Co-Chair Chenault  asked if  police agencies  have access  to                                                                  
 the PFD database.  Ms. Richter  answered that  they could  if                                                                  
 they had a  memorandum of  agreement with  the Division.  Co-                                                                  
 Chair Chenault stated concerns.                                                                                                
                                                                                                                                
 Representative  Gara  asked  for  clarification.  Mr.  Fulton                                                                  
 explained that a  person could  not get the  PFD if they  had                                                                  
not registered or if they were  out of compliance. The intent                                                                   
was to  have DPS and  the Division  of Motor Vehicles  (DMV),                                                                   
which houses the sex offender registry, run a check.                                                                            
                                                                                                                                
8:11:13 PM                                                                                                                    
                                                                                                                                
KATHRYN MONFREDA, CHIEF, CRIMINAL  RECORDS AND IDENTIFICATION                                                                   
BUREAU, DIVISION OF STATEWIDE  SERVICES, DEPARTMENT OF PUBLIC                                                                   
SAFETY  (testified  via  teleconference),   stated  that  she                                                                   
managed the sex  offender registry. She explained  that there                                                                   
are numerous ways to be out of  compliance. Sex offenders are                                                                   
required  to register  quarterly  and can  go in  and out  of                                                                   
compliance repeatedly. Efforts  are made monthly to get local                                                                   
police department to locate people and get them to comply.                                                                      
                                                                                                                                
8:14:34 PM                                                                                                                    
                                                                                                                                
Representative   Hawker  questioned   what  the  bill   would                                                                   
accomplish  since most of  the people  don't qualify  for the                                                                   
PFD anyway.  Mr. Fulton said  that the sex offender  registry                                                                   
examined some of  the data and found that two-thirds  of out-                                                                   
of-compliance  sex offenders  filed  for the  PFD last  year.                                                                   
There was further discussion about  compliance and dividends.                                                                   
                                                                                                                                
8:18:19 PM                                                                                                                    
                                                                                                                                
PUBLIC TESTIMONY CLOSED.                                                                                                        
                                                                                                                                
Representative Joule asked about the fiscal note.                                                                               
                                                                                                                                
Ms. Richter explained that all  of the funding supporting the                                                                   
dividend  program comes  from  the earnings  before they  are                                                                   
distributed.                                                                                                                    
                                                                                                                                
Representative  Crawford asked who  the dividend would  go to                                                                   
if it is under garnishment. Ms.  Richter said that a dividend                                                                   
that has  not been paid  cannot be garnished.  Representative                                                                   
Crawford stated concerns.                                                                                                       
                                                                                                                                
8:22:01 PM                                                                                                                    
                                                                                                                                
Representative  Gara was concerned  about the Division  using                                                                   
resource unnecessarily.  Ms. Richter said  the identification                                                                   
of  people who  would be  affected  would be  done through  a                                                                   
computer data match. The people  identified would be flagged.                                                                   
The Division  would be dealing  with only a small  segment of                                                                   
applicants. There was further discussion about the process.                                                                     
                                                                                                                                
CSSB 265  (FIN) was HEARD and  HELD in Committee  for further                                                                   
consideration.