HB0045b -1- CSHB 45(W&M)
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CS FOR HOUSE BILL NO. 45(W&M)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - FIRST SESSION
BY THE HOUSE SPECIAL COMMITTEE ON WAYS AND MEANS
Offered: 5/3/23
Referred: Finance
Sponsor(s): REPRESENTATIVES PRAX, Carpenter, Rauscher, Wright, McKay, Coulombe, DeLena Johnson,
Stapp, Josephson, Stutes, Tomaszewski, McCabe, Allard, Vance, Ruffridge, Foster, Carrick, Patkotak, Tilton,
Sumner, Cronk, Craig Johnson, Shaw, Ortiz, Gray, Groh
A BILL
FOR AN ACT ENTITLED
"An Act relating to contributions and donations from permanent fund dividends." 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
* Section 1. AS 43.23.055 is amended to read: 3
Sec. 43.23.055. Duties of the department. The department shall 4
(1) annually pay permanent fund dividends from the dividend fund; 5
(2) subject to AS 43.23.011 and (8) of this section, adopt regulations 6
under AS 44.62 (Administrative Procedure Act) that establish procedures and time 7
limits for claiming a permanent fund dividend; the department shall determine the 8
number of eligible applicants by October 1 of the year for which the dividend is 9
declared and pay the dividends by December 31 of that year; 10
(3) adopt regulations under AS 44.62 (Administrative Procedure Act) 11
that establish procedures and time limits for an individual upon emancipation or upon 12
reaching majority to apply for permanent fund dividends not received during minority 13
because the parent, guardian, or other authorized representative did not apply on 14
behalf of the individual; 15 33-LS0309\B
CSHB 45(W&M) -2- HB0045b
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(4) assist residents of the state, particularly in rural areas, who, because 1
of language, disability, or inaccessibility to public transportation, need assistance to 2
establish eligibility and to apply for permanent fund dividends; 3
(5) use a list of individuals ineligible for a dividend under 4
AS 43.23.005(d) provided annually by the Department of Corrections and the 5
Department of Public Safety to determine the number and identity of those 6
individuals; 7
(6) adopt regulations that are necessary to implement AS 43.23.005(d) 8
and 43.23.048; 9
(7) adopt regulations that establish procedures for the parent, guardian, 10
or other authorized representative of a disabled individual to apply for prior year 11
permanent fund dividends not received by the disabled individual because no 12
application was submitted on behalf of the individual; 13
(8) adopt regulations that establish procedures for an individual to 14
apply to have a dividend disbursement under AS 37.25.050(a)(2) reissued if it is not 15
collected within two years after the date of its issuance; however, the department may 16
not establish a time limit within which an application to have a disbursement reissued 17
must be filed; 18
(9) provide any information, upon request, contained in permanent 19
fund dividend records to the child support services agency created in AS 25.27.010, or 20
the child support enforcement agency of another state, for child support purposes 21
authorized under law; if the information is contained in an electronic data base, the 22
department shall provide the requesting agency with either 23
(A) access to the data base; or 24
(B) a copy of the information in the data base and a statement 25
certifying its contents; 26
(10) establish a fraud investigation unit for the purpose of assisting the 27
(A) Department of Law in the prosecution of individuals who 28
apply for or obtain a permanent fund dividend in violation of a provision in 29
AS 11, by detecting and investigating those crimes; and 30
(B) commissioner to detect and investigate the claiming or 31 33-LS0309\B
HB0045b -3- CSHB 45(W&M)
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paying of permanent fund dividends that should not have been claimed by or 1
paid to an individual and to impose the penalties and enforcement provisions 2
under AS 43.23.270; 3
(11) adopt regulations under AS 44.62 (Administrative Procedure Act) 4
so that, [CONTRIBUTIONS UNDER AS 43.23.130 ARE GIVEN A PRIORITY 5
OVER DONATIONS UNDER AS 43.23.230] if the total amount of contributions and 6
donations elected by an applicant exceeds the amount of the permanent fund dividend 7
that the applicant is entitled to receive, contributions and donations are given the 8
following priority order: 9
(A) contributions under AS 43.23.130; 10
(B) donations under AS 43.23.230; 11
(C) contributions under AS 43.23.135. 12
* Sec. 2. AS 43.23 is amended by adding a new section to read: 13
Sec. 43.23.135. Contributions to the general and permanent funds. (a) 14
Notwithstanding AS 43.23.200, the electronic Alaska permanent fund dividend 15
application must allow an applicant to direct that money be subtracted from the 16
dividend payment and contributed to the state general fund or the principal of the 17
permanent fund. A contribution to the state general fund or the principal of the 18
permanent fund may be 10 percent of the amount of the dividend or more, in 19
increments of 10 percent, up to the total amount of the permanent fund dividend that 20
the applicant is entitled to receive. If the applicant's total amount of contributions 21
under this subsection, when added to the total amount of contributions under 22
AS 43.23.130 and donations under AS 43.23.230, exceeds the amount of the 23
permanent fund dividend that the applicant is entitled to receive, contributions under 24
AS 43.23.130 and donations under AS 43.23.230 shall have priority over contributions 25
under this subsection. Money from a contribution under this subsection or from the 26
dividend fund may not be used for administrative costs incurred in implementing this 27
subsection. 28
(b) A public agency that claims a permanent fund dividend on behalf of an 29
individual under AS 43.23.015(e) may not elect to make contributions from the 30
dividend under this section. 31 33-LS0309\B
CSHB 45(W&M) -4- HB0045b
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(c) In preparing the electronic Alaska permanent fund dividend application, 1
the department shall ensure that the option to make a contribution under this section is 2
in a separate section of the application than the option to make a contribution under 3
AS 43.23.130. 4