Alaska 2023-2024 Regular Session

Alaska House Bill HB45 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	~~HB0045b~~ -1- ~~CSHB~~ 45~~(W&M)~~
	2	+	HB0045a -1- HB 45
3	3		New Text Underlined [DELETED TEXT BRACKETED]
4	4
5		-	33-LS0309\B
	5	+	33-LS0309\A
6	6
7	7
8	8
9	9
10		-	CS FOR HOUSE BILL NO. 45(W&M)
	10	+
	11	+	HOUSE BILL NO. 45
11	12
12	13		IN THE LEGISLATURE OF THE STATE OF ALASKA
13	14
14	15		THIRTY-THIRD LEGISLATURE - FIRST SESSION
15	16
16		-	BY ~~THE HOUSE SPECIAL COMMITTEE ON WAYS AND MEANS~~
	17	+	BY REPRESENTATIVE PRAX
17	18
18		-	~~Offered~~: 5/3/23
19		-	Referred: Finance
	19	+	Introduced: 1/25/23
	20	+	Referred: House Special Committee on Ways and Means, Finance
20	21
21		-	Sponsor(s): REPRESENTATIVES PRAX, Carpenter, Rauscher, Wright, McKay, Coulombe, DeLena Johnson,
22		-	Stapp, Josephson, Stutes, Tomaszewski, McCabe, Allard, Vance, Ruffridge, Foster, Carrick, Patkotak, Tilton,
23		-	Sumner, Cronk, Craig Johnson, Shaw, Ortiz, Gray, Groh
	22	+
24	23		A BILL
25	24
26	25		FOR AN ACT ENTITLED
27	26
28		-	"An Act relating to contributions and donations from permanent fund dividends." 1
29		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
30		-	* Section 1. AS 43.23.055 is amended to read: 3
31		-	Sec. 43.23.055. Duties of the department. The department shall 4
32		-	(1) annually pay permanent fund dividends from the dividend fund; 5
33		-	(2) subject to AS 43.23.011 and (8) of this section, adopt regulations 6
34		-	under AS 44.62 (Administrative Procedure Act) that establish procedures and time 7
35		-	limits for claiming a permanent fund dividend; the department shall determine the 8
36		-	number of eligible applicants by October 1 of the year for which the dividend is 9
37		-	declared and pay the dividends by December 31 of that year; 10
38		-	(3) adopt regulations under AS 44.62 (Administrative Procedure Act) 11
39		-	that establish procedures and time limits for an individual upon emancipation or upon 12
40		-	reaching majority to apply for permanent fund dividends not received during minority 13
41		-	because the parent, guardian, or other authorized representative did not apply on 14
42		-	behalf of the individual; 15 33-LS0309\B
43		-	CSHB 45(W&M) -2- HB0045b
	27	+	"An Act relating to contributions from permanent fund dividends to the general and 1
	28	+	permanent funds." 2
	29	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
	30	+	* Section 1. AS 43.23 is amended by adding a new section to read: 4
	31	+	Sec. 43.23.135. Contributions to the general and permanent funds. (a) 5
	32	+	Notwithstanding AS 43.23.200, the electronic Alaska permanent fund dividend 6
	33	+	application must allow an applicant to direct that money be subtracted from the 7
	34	+	dividend payment and contributed to the state general fund or the principal of the 8
	35	+	permanent fund. A contribution to the state general fund or the principal of the 9
	36	+	permanent fund may be $25 or more, in increments of $25, up to the total amount of 10
	37	+	the permanent fund dividend that the applicant is entitled to receive. If the applicant's 11
	38	+	total amount of contributions under this subsection, when added to the total amount of 12
	39	+	contributions under AS 43.23.130, exceeds the amount of the permanent fund 13
	40	+	dividend that the applicant is entitled to receive, contributions under AS 43.23.130 14 33-LS0309\A
	41	+	HB 45 -2- HB0045a
44	42		New Text Underlined [DELETED TEXT BRACKETED]
45	43
46		-	(4) assist residents of the state, particularly in rural areas, who, because 1
47		-	of language, disability, or inaccessibility to public transportation, need assistance to 2
48		-	establish eligibility and to apply for permanent fund dividends; 3
49		-	(5) use a list of individuals ineligible for a dividend under 4
50		-	AS 43.23.005(d) provided annually by the Department of Corrections and the 5
51		-	Department of Public Safety to determine the number and identity of those 6
52		-	individuals; 7
53		-	(6) adopt regulations that are necessary to implement AS 43.23.005(d) 8
54		-	and 43.23.048; 9
55		-	(7) adopt regulations that establish procedures for the parent, guardian, 10
56		-	or other authorized representative of a disabled individual to apply for prior year 11
57		-	permanent fund dividends not received by the disabled individual because no 12
58		-	application was submitted on behalf of the individual; 13
59		-	(8) adopt regulations that establish procedures for an individual to 14
60		-	apply to have a dividend disbursement under AS 37.25.050(a)(2) reissued if it is not 15
61		-	collected within two years after the date of its issuance; however, the department may 16
62		-	not establish a time limit within which an application to have a disbursement reissued 17
63		-	must be filed; 18
64		-	(9) provide any information, upon request, contained in permanent 19
65		-	fund dividend records to the child support services agency created in AS 25.27.010, or 20
66		-	the child support enforcement agency of another state, for child support purposes 21
67		-	authorized under law; if the information is contained in an electronic data base, the 22
68		-	department shall provide the requesting agency with either 23
69		-	(A) access to the data base; or 24
70		-	(B) a copy of the information in the data base and a statement 25
71		-	certifying its contents; 26
72		-	(10) establish a fraud investigation unit for the purpose of assisting the 27
73		-	(A) Department of Law in the prosecution of individuals who 28
74		-	apply for or obtain a permanent fund dividend in violation of a provision in 29
75		-	AS 11, by detecting and investigating those crimes; and 30
76		-	(B) commissioner to detect and investigate the claiming or 31 33-LS0309\B
77		-	HB0045b -3- CSHB 45(W&M)
78		-	New Text Underlined [DELETED TEXT BRACKETED]
79		-
80		-	paying of permanent fund dividends that should not have been claimed by or 1
81		-	paid to an individual and to impose the penalties and enforcement provisions 2
82		-	under AS 43.23.270; 3
83		-	(11) adopt regulations under AS 44.62 (Administrative Procedure Act) 4
84		-	so that, [CONTRIBUTIONS UNDER AS 43.23.130 ARE GIVEN A PRIORITY 5
85		-	OVER DONATIONS UNDER AS 43.23.230] if the total amount of contributions and 6
86		-	donations elected by an applicant exceeds the amount of the permanent fund dividend 7
87		-	that the applicant is entitled to receive, contributions and donations are given the 8
88		-	following priority order: 9
89		-	(A) contributions under AS 43.23.130; 10
90		-	(B) donations under AS 43.23.230; 11
91		-	(C) contributions under AS 43.23.135. 12
92		-	* Sec. 2. AS 43.23 is amended by adding a new section to read: 13
93		-	Sec. 43.23.135. Contributions to the general and permanent funds. (a) 14
94		-	Notwithstanding AS 43.23.200, the electronic Alaska permanent fund dividend 15
95		-	application must allow an applicant to direct that money be subtracted from the 16
96		-	dividend payment and contributed to the state general fund or the principal of the 17
97		-	permanent fund. A contribution to the state general fund or the principal of the 18
98		-	permanent fund may be 10 percent of the amount of the dividend or more, in 19
99		-	increments of 10 percent, up to the total amount of the permanent fund dividend that 20
100		-	the applicant is entitled to receive. If the applicant's total amount of contributions 21
101		-	under this subsection, when added to the total amount of contributions under 22
102		-	AS 43.23.130 and donations under AS 43.23.230, exceeds the amount of the 23
103		-	permanent fund dividend that the applicant is entitled to receive, contributions under 24
104		-	AS 43.23.130 and donations under AS 43.23.230 shall have priority over contributions 25
105		-	under this subsection. Money from a contribution under this subsection or from the 26
106		-	dividend fund may not be used for administrative costs incurred in implementing this 27
107		-	subsection. 28
108		-	(b) A public agency that claims a permanent fund dividend on behalf of an 29
109		-	individual under AS 43.23.015(e) may not elect to make contributions from the 30
110		-	dividend under this section. 31 33-LS0309\B
111		-	CSHB 45(W&M) -4- HB0045b
112		-	New Text Underlined [DELETED TEXT BRACKETED]
113		-
114		-	(c) In preparing the electronic Alaska permanent fund dividend application, 1
115		-	the department shall ensure that the option to make a contribution under this section is 2
116		-	in a separate section of the application than the option to make a contribution under 3
117		-	AS 43.23.130. 4
	44	+	shall have priority over contributions under this subsection. The electronic application 1
	45	+	must include notice that seven percent of the money contributed to the state general 2
	46	+	fund or the principal of the permanent fund will be used for administrative costs 3
	47	+	incurred in implementing this subsection and that money from the dividend fund will 4
	48	+	not be used for that purpose. 5
	49	+	(b) A public agency that claims a permanent fund dividend on behalf of an 6
	50	+	individual under AS 43.23.015(e) may not elect to make contributions from the 7
	51	+	dividend under this section. 8
	52	+	(c) In preparing the electronic Alaska permanent fund dividend application, 9
	53	+	the department shall ensure that the option to make a contribution under this section is 10
	54	+	in a separate section of the application than the option to make a contribution under 11
	55	+	AS 43.23.130. 12