44 | | - | the current or prospective employee or contractor for the purpose of evaluating a 1 |
---|
45 | | - | person's qualifications under AS 36.30.960, [AND] AS 39.90.210, or AS 43.23, as 2 |
---|
46 | | - | applicable. In this subsection, unless the context otherwise requires, 3 |
---|
47 | | - | (1) "agency" has the meaning given in AS 39.90.290; 4 |
---|
48 | | - | (2) "contractor" has the meaning given in AS 36.30.960; 5 |
---|
49 | | - | (3) "employee" has the meaning given in AS 39.90.290. 6 |
---|
50 | | - | * Sec. 2. AS 43.23.008(a) is amended to read: 7 |
---|
51 | | - | (a) Subject to (b) and (d) of this section, an otherwise eligible individual who 8 |
---|
52 | | - | is absent from the state during the qualifying year remains eligible for a current year 9 |
---|
53 | | - | permanent fund dividend if the individual was absent 10 |
---|
54 | | - | (1) receiving secondary or postsecondary education on a full-time 11 |
---|
55 | | - | basis; on a break or holiday from a secondary or postsecondary educational 12 |
---|
56 | | - | institution during an academic year, not including summer break, if the 13 |
---|
57 | | - | individual is enrolled in and attends the educational institution on a full-time 14 |
---|
58 | | - | basis before and after the break or holiday; or in an orientation program 15 |
---|
59 | | - | required as a condition of the secondary or postsecondary education and the 16 |
---|
60 | | - | individual immediately begins the education on a full-time basis after the 17 |
---|
61 | | - | completion of the orientation; 18 |
---|
62 | | - | (2) receiving vocational, professional, or other specific education on a 19 |
---|
63 | | - | full-time basis for which, as determined by the Alaska Commission on Postsecondary 20 |
---|
64 | | - | Education, a comparable program is not reasonably available in the state; on a break 21 |
---|
65 | | - | or holiday from the vocational, professional, or other specific training, not 22 |
---|
66 | | - | including summer break, if the individual is enrolled in and attends the training 23 |
---|
67 | | - | on a full-time basis before and after the break or holiday; or in an orientation 24 |
---|
68 | | - | program required as a condition of the vocational, professional, or other specific 25 |
---|
69 | | - | training and the individual immediately begins the training on a full-time basis 26 |
---|
70 | | - | after the completion of the orientation; 27 |
---|
71 | | - | (3) serving on active duty as a member of the armed forces of the 28 |
---|
72 | | - | United States or accompanying, as that individual's spouse, minor dependent, or 29 |
---|
73 | | - | disabled dependent, an individual who is 30 |
---|
74 | | - | (A) serving on active duty as a member of the armed forces of 31 33-GS1337\U |
---|
75 | | - | SB0085C -3- CSSB 85(FIN) |
---|
| 44 | + | person's qualifications under AS 36.30.960, [AND] AS 39.90.210, or AS 43.23, as 1 |
---|
| 45 | + | applicable. In this subsection, unless the context otherwise requires, 2 |
---|
| 46 | + | (1) "agency" has the meaning given in AS 39.90.290; 3 |
---|
| 47 | + | (2) "contractor" has the meaning given in AS 36.30.960; 4 |
---|
| 48 | + | (3) "employee" has the meaning given in AS 39.90.290. 5 |
---|
| 49 | + | * Sec. 2. AS 43.23.008(a) is amended to read: 6 |
---|
| 50 | + | (a) Subject to (b) and (d) of this section, an otherwise eligible individual who 7 |
---|
| 51 | + | is absent from the state during the qualifying year remains eligible for a current year 8 |
---|
| 52 | + | permanent fund dividend if the individual was absent 9 |
---|
| 53 | + | (1) receiving secondary or postsecondary education on a full-time 10 |
---|
| 54 | + | basis; on a break or holiday from a secondary or postsecondary educational 11 |
---|
| 55 | + | institution during an academic year, not including summer break, if the 12 |
---|
| 56 | + | individual is enrolled in and attends the educational institution on a full-time 13 |
---|
| 57 | + | basis before and after the break or holiday; or in an orientation program 14 |
---|
| 58 | + | required as a condition of the secondary or postsecondary education and the 15 |
---|
| 59 | + | individual immediately begins the education on a full-time basis after the 16 |
---|
| 60 | + | completion of the orientation; 17 |
---|
| 61 | + | (2) receiving vocational, professional, or other specific education on a 18 |
---|
| 62 | + | full-time basis for which, as determined by the Alaska Commission on Postsecondary 19 |
---|
| 63 | + | Education, a comparable program is not reasonably available in the state; on a break 20 |
---|
| 64 | + | or holiday from the vocational, professional, or other specific training, not 21 |
---|
| 65 | + | including summer break, if the individual is enrolled in and attends the training 22 |
---|
| 66 | + | on a full-time basis before and after the break or holiday; or in an orientation 23 |
---|
| 67 | + | program required as a condition of the vocational, professional, or other specific 24 |
---|
| 68 | + | training and the individual immediately begins the training on a full-time basis 25 |
---|
| 69 | + | after the completion of the orientation; 26 |
---|
| 70 | + | (3) serving on active duty as a member of the armed forces of the 27 |
---|
| 71 | + | United States or accompanying, as that individual's spouse, minor dependent, or 28 |
---|
| 72 | + | disabled dependent, an individual who is 29 |
---|
| 73 | + | (A) serving on active duty as a member of the armed forces of 30 |
---|
| 74 | + | the United States; and 31 33-GS1337\S |
---|
| 75 | + | SB0085B -3- CSSB 85(L&C) |
---|
78 | | - | the United States; and 1 |
---|
79 | | - | (B) eligible for a current year dividend; 2 |
---|
80 | | - | (4) serving under foreign or coastal articles of employment aboard an 3 |
---|
81 | | - | oceangoing vessel of the United States merchant marine or attending a vocational 4 |
---|
82 | | - | program that 5 |
---|
83 | | - | (A) trains students for a career in the United States 6 |
---|
84 | | - | merchant marine; 7 |
---|
85 | | - | (B) provides seagoing service that meets the requirements 8 |
---|
86 | | - | of the United States Coast Guard for United States merchant marine 9 |
---|
87 | | - | credentialing; and 10 |
---|
88 | | - | (C) is approved by the United States Coast Guard; 11 |
---|
89 | | - | (5) receiving continuous medical treatment recommended by a 12 |
---|
90 | | - | licensed physician or convalescing as recommended by the physician who treated the 13 |
---|
91 | | - | illness if the treatment or convalescence is not based on a need for climatic change; 14 |
---|
92 | | - | (6) providing care for a parent, spouse, sibling, child, or stepchild with 15 |
---|
93 | | - | a critical life-threatening illness whose treatment plan, as recommended by the 16 |
---|
94 | | - | attending physician, requires travel outside the state for treatment at a medical 17 |
---|
95 | | - | specialty complex; 18 |
---|
96 | | - | (7) providing care for the individual's terminally ill family member; 19 |
---|
97 | | - | (8) settling the estate of the individual's deceased parent, spouse, 20 |
---|
98 | | - | sibling, child, or stepchild, provided the absence does not exceed 220 cumulative days; 21 |
---|
99 | | - | (9) serving as a member of the United States Congress; 22 |
---|
100 | | - | (10) serving on the staff of a member from this state of the United 23 |
---|
101 | | - | States Congress; 24 |
---|
102 | | - | (11) serving as an employee of the state in a field office or other 25 |
---|
103 | | - | location; 26 |
---|
104 | | - | (12) accompanying a minor who is absent under (5) of this subsection; 27 |
---|
105 | | - | (13) accompanying another eligible resident who is absent for a reason 28 |
---|
106 | | - | permitted under (1), (2), (5) - (12), (16), or (17) of this subsection as the spouse, minor 29 |
---|
107 | | - | dependent, or disabled dependent of the eligible resident; 30 |
---|
108 | | - | (14) serving as a volunteer in the federal peace corps program; 31 33-GS1337\U |
---|
109 | | - | CSSB 85(FIN) -4- SB0085C |
---|
| 78 | + | (B) eligible for a current year dividend; 1 |
---|
| 79 | + | (4) serving under foreign or coastal articles of employment aboard an 2 |
---|
| 80 | + | oceangoing vessel of the United States merchant marine or attending a vocational 3 |
---|
| 81 | + | program that 4 |
---|
| 82 | + | (A) trains students for a career in the United States 5 |
---|
| 83 | + | merchant marine; 6 |
---|
| 84 | + | (B) provides seagoing service that meets the requirements 7 |
---|
| 85 | + | of the United States Coast Guard for United States merchant marine 8 |
---|
| 86 | + | credentialing; and 9 |
---|
| 87 | + | (C) is approved by the United States Coast Guard; 10 |
---|
| 88 | + | (5) receiving continuous medical treatment recommended by a 11 |
---|
| 89 | + | licensed physician or convalescing as recommended by the physician who treated the 12 |
---|
| 90 | + | illness if the treatment or convalescence is not based on a need for climatic change; 13 |
---|
| 91 | + | (6) providing care for a parent, spouse, sibling, child, or stepchild with 14 |
---|
| 92 | + | a critical life-threatening illness whose treatment plan, as recommended by the 15 |
---|
| 93 | + | attending physician, requires travel outside the state for treatment at a medical 16 |
---|
| 94 | + | specialty complex; 17 |
---|
| 95 | + | (7) providing care for the individual's terminally ill family member; 18 |
---|
| 96 | + | (8) settling the estate of the individual's deceased parent, spouse, 19 |
---|
| 97 | + | sibling, child, or stepchild, provided the absence does not exceed 220 cumulative days; 20 |
---|
| 98 | + | (9) serving as a member of the United States Congress; 21 |
---|
| 99 | + | (10) serving on the staff of a member from this state of the United 22 |
---|
| 100 | + | States Congress; 23 |
---|
| 101 | + | (11) serving as an employee of the state in a field office or other 24 |
---|
| 102 | + | location; 25 |
---|
| 103 | + | (12) accompanying a minor who is absent under (5) of this subsection; 26 |
---|
| 104 | + | (13) accompanying another eligible resident who is absent for a reason 27 |
---|
| 105 | + | permitted under (1), (2), (5) - (12), (16), or (17) of this subsection as the spouse, minor 28 |
---|
| 106 | + | dependent, or disabled dependent of the eligible resident; 29 |
---|
| 107 | + | (14) serving as a volunteer in the federal peace corps program; 30 |
---|
| 108 | + | (15) because of training or competing as a member of the United States 31 33-GS1337\S |
---|
| 109 | + | CSSB 85(L&C) -4- SB0085B |
---|
112 | | - | (15) because of training or competing as a member of the United States 1 |
---|
113 | | - | Olympic Team or a United States national team for an Olympic sport; 2 |
---|
114 | | - | (16) participating for educational purposes in a student fellowship 3 |
---|
115 | | - | sponsored by the United States Department of Education or by the United States 4 |
---|
116 | | - | Department of State; 5 |
---|
117 | | - | (17) for any reason consistent with the individual's intent to remain a 6 |
---|
118 | | - | state resident, provided the absence or cumulative absences do not exceed 7 |
---|
119 | | - | (A) 180 days in addition to any absence or cumulative absences 8 |
---|
120 | | - | claimed 9 |
---|
121 | | - | (i) under (3) of this subsection if the individual is not 10 |
---|
122 | | - | claiming an absence under (1), (2), or (4) - (16) of this subsection; or 11 |
---|
123 | | - | (ii) under (5) of this subsection if the individual is 12 |
---|
124 | | - | not claiming an absence under (1) - (4) or (6) - (16) of this 13 |
---|
125 | | - | subsection; 14 |
---|
126 | | - | (B) 120 days in addition to any absence or cumulative absences 15 |
---|
127 | | - | claimed under (1) - (3) of this subsection if the individual is not claiming an 16 |
---|
128 | | - | absence under (4) - (16) of this subsection but is claiming an absence under (1) 17 |
---|
129 | | - | or (2) of this subsection; or 18 |
---|
130 | | - | (C) 45 days in addition to any absence or cumulative absences 19 |
---|
131 | | - | claimed under (1) - (16) of this subsection if the individual is claiming an 20 |
---|
132 | | - | absence under (4) - (16) of this subsection. 21 |
---|
133 | | - | * Sec. 3. AS 43.23.055 is amended to read: 22 |
---|
134 | | - | Sec. 43.23.055. Duties of the department. The department shall 23 |
---|
135 | | - | (1) annually pay permanent fund dividends from the dividend fund; 24 |
---|
136 | | - | (2) subject to AS 43.23.011 and (8) of this section, adopt regulations 25 |
---|
137 | | - | under AS 44.62 (Administrative Procedure Act) that establish procedures and time 26 |
---|
138 | | - | limits for claiming a permanent fund dividend; the department shall determine the 27 |
---|
139 | | - | number of eligible applicants by October 1 of the year for which the dividend is 28 |
---|
140 | | - | declared and pay the dividends by December 31 of that year; 29 |
---|
141 | | - | (3) adopt regulations under AS 44.62 (Administrative Procedure Act) 30 |
---|
142 | | - | that establish procedures and time limits for an individual upon emancipation or upon 31 33-GS1337\U |
---|
143 | | - | SB0085C -5- CSSB 85(FIN) |
---|
| 112 | + | Olympic Team or a United States national team for an Olympic sport; 1 |
---|
| 113 | + | (16) participating for educational purposes in a student fellowship 2 |
---|
| 114 | + | sponsored by the United States Department of Education or by the United States 3 |
---|
| 115 | + | Department of State; 4 |
---|
| 116 | + | (17) for any reason consistent with the individual's intent to remain a 5 |
---|
| 117 | + | state resident, provided the absence or cumulative absences do not exceed 6 |
---|
| 118 | + | (A) 180 days in addition to any absence or cumulative absences 7 |
---|
| 119 | + | claimed 8 |
---|
| 120 | + | (i) under (3) of this subsection if the individual is not 9 |
---|
| 121 | + | claiming an absence under (1), (2), or (4) - (16) of this subsection; or 10 |
---|
| 122 | + | (ii) under (5) of this subsection if the individual is 11 |
---|
| 123 | + | not claiming an absence under (1) - (4) or (6) - (16) of this 12 |
---|
| 124 | + | subsection; 13 |
---|
| 125 | + | (B) 120 days in addition to any absence or cumulative absences 14 |
---|
| 126 | + | claimed under (1) - (3) of this subsection if the individual is not claiming an 15 |
---|
| 127 | + | absence under (4) - (16) of this subsection but is claiming an absence under (1) 16 |
---|
| 128 | + | or (2) of this subsection; or 17 |
---|
| 129 | + | (C) 45 days in addition to any absence or cumulative absences 18 |
---|
| 130 | + | claimed under (1) - (16) of this subsection if the individual is claiming an 19 |
---|
| 131 | + | absence under (4) - (16) of this subsection. 20 |
---|
| 132 | + | * Sec. 3. AS 43.23.055 is amended to read: 21 |
---|
| 133 | + | Sec. 43.23.055. Duties of the department. The department shall 22 |
---|
| 134 | + | (1) annually pay permanent fund dividends from the dividend fund; 23 |
---|
| 135 | + | (2) subject to AS 43.23.011 and (8) of this section, adopt regulations 24 |
---|
| 136 | + | under AS 44.62 (Administrative Procedure Act) that establish procedures and time 25 |
---|
| 137 | + | limits for claiming a permanent fund dividend; the department shall determine the 26 |
---|
| 138 | + | number of eligible applicants by October 1 of the year for which the dividend is 27 |
---|
| 139 | + | declared and pay the dividends by December 31 of that year; 28 |
---|
| 140 | + | (3) adopt regulations under AS 44.62 (Administrative Procedure Act) 29 |
---|
| 141 | + | that establish procedures and time limits for an individual upon emancipation or upon 30 |
---|
| 142 | + | reaching majority to apply for permanent fund dividends not received during minority 31 33-GS1337\S |
---|
| 143 | + | SB0085B -5- CSSB 85(L&C) |
---|
146 | | - | reaching majority to apply for permanent fund dividends not received during minority 1 |
---|
147 | | - | because the parent, guardian, or other authorized representative did not apply on 2 |
---|
148 | | - | behalf of the individual; 3 |
---|
149 | | - | (4) assist residents of the state, particularly in rural areas, who, because 4 |
---|
150 | | - | of language, disability, or inaccessibility to public transportation, need assistance to 5 |
---|
151 | | - | establish eligibility and to apply for permanent fund dividends; 6 |
---|
152 | | - | (5) use a list of individuals ineligible for a dividend under 7 |
---|
153 | | - | AS 43.23.005(d) provided annually by the Department of Corrections and the 8 |
---|
154 | | - | Department of Public Safety to determine the number and identity of those 9 |
---|
155 | | - | individuals; 10 |
---|
156 | | - | (6) adopt regulations that are necessary to implement AS 43.23.005(d) 11 |
---|
157 | | - | and 43.23.048; 12 |
---|
158 | | - | (7) adopt regulations that establish procedures for the parent, guardian, 13 |
---|
159 | | - | or other authorized representative of a disabled individual to apply for prior year 14 |
---|
160 | | - | permanent fund dividends not received by the disabled individual because no 15 |
---|
161 | | - | application was submitted on behalf of the individual; 16 |
---|
162 | | - | (8) adopt regulations that establish procedures for an individual to 17 |
---|
163 | | - | apply to have a dividend disbursement under AS 37.25.050(a)(2) reissued if it is not 18 |
---|
164 | | - | collected within two years after the date of its issuance; however, the department may 19 |
---|
165 | | - | not establish a time limit within which an application to have a disbursement reissued 20 |
---|
166 | | - | must be filed; 21 |
---|
167 | | - | (9) provide any information, upon request, contained in permanent 22 |
---|
168 | | - | fund dividend records to the child support services agency created in AS 25.27.010, or 23 |
---|
169 | | - | the child support enforcement agency of another state, for child support purposes 24 |
---|
170 | | - | authorized under law; if the information is contained in an electronic data base, the 25 |
---|
171 | | - | department shall provide the requesting agency with either 26 |
---|
172 | | - | (A) access to the data base; or 27 |
---|
173 | | - | (B) a copy of the information in the data base and a statement 28 |
---|
174 | | - | certifying its contents; 29 |
---|
175 | | - | (10) establish a fraud investigation unit for the purpose of assisting the 30 |
---|
176 | | - | (A) Department of Law in the prosecution of individuals who 31 33-GS1337\U |
---|
177 | | - | CSSB 85(FIN) -6- SB0085C |
---|
| 146 | + | because the parent, guardian, or other authorized representative did not apply on 1 |
---|
| 147 | + | behalf of the individual; 2 |
---|
| 148 | + | (4) assist residents of the state, particularly in rural areas, who, because 3 |
---|
| 149 | + | of language, disability, or inaccessibility to public transportation, need assistance to 4 |
---|
| 150 | + | establish eligibility and to apply for permanent fund dividends; 5 |
---|
| 151 | + | (5) use a list of individuals ineligible for a dividend under 6 |
---|
| 152 | + | AS 43.23.005(d) provided annually by the Department of Corrections and the 7 |
---|
| 153 | + | Department of Public Safety to determine the number and identity of those 8 |
---|
| 154 | + | individuals; 9 |
---|
| 155 | + | (6) adopt regulations that are necessary to implement AS 43.23.005(d) 10 |
---|
| 156 | + | and 43.23.048; 11 |
---|
| 157 | + | (7) adopt regulations that establish procedures for the parent, guardian, 12 |
---|
| 158 | + | or other authorized representative of a disabled individual to apply for prior year 13 |
---|
| 159 | + | permanent fund dividends not received by the disabled individual because no 14 |
---|
| 160 | + | application was submitted on behalf of the individual; 15 |
---|
| 161 | + | (8) adopt regulations that establish procedures for an individual to 16 |
---|
| 162 | + | apply to have a dividend disbursement under AS 37.25.050(a)(2) reissued if it is not 17 |
---|
| 163 | + | collected within two years after the date of its issuance; however, the department may 18 |
---|
| 164 | + | not establish a time limit within which an application to have a disbursement reissued 19 |
---|
| 165 | + | must be filed; 20 |
---|
| 166 | + | (9) provide any information, upon request, contained in permanent 21 |
---|
| 167 | + | fund dividend records to the child support services agency created in AS 25.27.010, or 22 |
---|
| 168 | + | the child support enforcement agency of another state, for child support purposes 23 |
---|
| 169 | + | authorized under law; if the information is contained in an electronic data base, the 24 |
---|
| 170 | + | department shall provide the requesting agency with either 25 |
---|
| 171 | + | (A) access to the data base; or 26 |
---|
| 172 | + | (B) a copy of the information in the data base and a statement 27 |
---|
| 173 | + | certifying its contents; 28 |
---|
| 174 | + | (10) establish a fraud investigation unit for the purpose of assisting the 29 |
---|
| 175 | + | (A) Department of Law in the prosecution of individuals who 30 |
---|
| 176 | + | apply for or obtain a permanent fund dividend in violation of a provision in 31 33-GS1337\S |
---|
| 177 | + | CSSB 85(L&C) -6- SB0085B |
---|
180 | | - | apply for or obtain a permanent fund dividend in violation of a provision in 1 |
---|
181 | | - | AS 11, by detecting and investigating those crimes; and 2 |
---|
182 | | - | (B) commissioner to detect and investigate the claiming or 3 |
---|
183 | | - | paying of permanent fund dividends that should not have been claimed by or 4 |
---|
184 | | - | paid to an individual and to impose the penalties and enforcement provisions 5 |
---|
185 | | - | under AS 43.23.270; 6 |
---|
186 | | - | (11) adopt regulations under AS 44.62 (Administrative Procedure Act) 7 |
---|
187 | | - | so that contributions under AS 43.23.130 are given a priority over donations under 8 |
---|
188 | | - | AS 43.23.230 if the total amount of contributions and donations elected by an 9 |
---|
189 | | - | applicant exceeds the amount of the permanent fund dividend that the applicant is 10 |
---|
190 | | - | entitled to receive; 11 |
---|
191 | | - | (12) submit fingerprints and fees to the Department of Public 12 |
---|
192 | | - | Safety for a national criminal history record check under AS 12.62.400 for the 13 |
---|
193 | | - | purpose of determining a person's qualifications and suitability for administering 14 |
---|
194 | | - | the permanent fund dividend program under this chapter. 15 |
---|
195 | | - | * Sec. 4. AS 43.23.110(a) is amended to read: 16 |
---|
196 | | - | (a) Except as provided in (c) of this section, information on each permanent 17 |
---|
197 | | - | fund dividend application [, EXCEPT THE APPLICANT'S NAME,] is confidential. 18 |
---|
198 | | - | The department may only release information that is confidential under this section 19 |
---|
199 | | - | (1) to a local, state, or federal government agency; 20 |
---|
200 | | - | (2) in compliance with a court order; 21 |
---|
201 | | - | (3) to the individual who or agency that files an application on behalf 22 |
---|
202 | | - | of another; 23 |
---|
203 | | - | (4) to a banking institution to verify the direct deposit of a permanent 24 |
---|
204 | | - | fund dividend or correct an error in that deposit; 25 |
---|
205 | | - | (5) as directed to do so by the applicant; 26 |
---|
206 | | - | (6) to a contractor who has a contract with a person entitled to obtain 27 |
---|
207 | | - | the information under (1) - (5) of this section to receive, store, or manage the 28 |
---|
208 | | - | information on that person's behalf; a contractor receiving data under this paragraph 29 |
---|
209 | | - | may only use the data as directed by and for the purposes of the person entitled to 30 |
---|
210 | | - | obtain the information; 31 33-GS1337\U |
---|
211 | | - | SB0085C -7- CSSB 85(FIN) |
---|
| 180 | + | AS 11, by detecting and investigating those crimes; and 1 |
---|
| 181 | + | (B) commissioner to detect and investigate the claiming or 2 |
---|
| 182 | + | paying of permanent fund dividends that should not have been claimed by or 3 |
---|
| 183 | + | paid to an individual and to impose the penalties and enforcement provisions 4 |
---|
| 184 | + | under AS 43.23.270; 5 |
---|
| 185 | + | (11) adopt regulations under AS 44.62 (Administrative Procedure Act) 6 |
---|
| 186 | + | so that contributions under AS 43.23.130 are given a priority over donations under 7 |
---|
| 187 | + | AS 43.23.230 if the total amount of contributions and donations elected by an 8 |
---|
| 188 | + | applicant exceeds the amount of the permanent fund dividend that the applicant is 9 |
---|
| 189 | + | entitled to receive; 10 |
---|
| 190 | + | (12) submit fingerprints and fees to the Department of Public 11 |
---|
| 191 | + | Safety for a national criminal history record check under AS 12.62.400 for the 12 |
---|
| 192 | + | purpose of determining a person's qualifications and suitability for administering 13 |
---|
| 193 | + | the permanent fund dividend program under this chapter. 14 |
---|
| 194 | + | * Sec. 4. AS 43.23.140(d) is amended to read: 15 |
---|
| 195 | + | (d) An assignment of or levy, execution, garnishment, attachment, or other 16 |
---|
| 196 | + | remedy for the collection of debt applied to a dividend for a year may not be accepted 17 |
---|
| 197 | + | by the department before April 1 of that same year. AS 09.38.080(c) and 09.38.085 do 18 |
---|
| 198 | + | not apply to a levy on a permanent fund dividend. Upon receipt of a writ of execution 19 |
---|
| 199 | + | under (a) of this section or another court order, the commissioner shall deliver to the 20 |
---|
| 200 | + | court that portion of the dividend executed upon along with the case name and 21 |
---|
| 201 | + | number. At the time payment is made to the court, the department shall send notice to 22 |
---|
| 202 | + | the court that issued the writ or order and to the individual at the address provided 23 |
---|
| 203 | + | in the individual's dividend application or the electronic mail address at which the 24 |
---|
| 204 | + | individual has consented to receive notices or documents in a verifiable manner, 25 |
---|
| 205 | + | as provided in regulations adopted by the department. The [AND TO THE 26 |
---|
| 206 | + | COURT THAT ISSUED THE WRIT OR ORDER A] notice must contain [THAT 27 |
---|
| 207 | + | CONTAINS] 28 |
---|
| 208 | + | (1) notification that all or part of the individual's dividend has been 29 |
---|
| 209 | + | seized under a writ of execution or court order; 30 |
---|
| 210 | + | (2) the name and address of the court that issued the writ or order; 31 33-GS1337\S |
---|
| 211 | + | SB0085B -7- CSSB 85(L&C) |
---|
214 | | - | (7) to the division of elections as required by AS 43.23.101. 1 |
---|
215 | | - | * Sec. 5. AS 43.23.140(d) is amended to read: 2 |
---|
216 | | - | (d) An assignment of or levy, execution, garnishment, attachment, or other 3 |
---|
217 | | - | remedy for the collection of debt applied to a dividend for a year may not be accepted 4 |
---|
218 | | - | by the department before April 1 of that same year. AS 09.38.080(c) and 09.38.085 do 5 |
---|
219 | | - | not apply to a levy on a permanent fund dividend. Upon receipt of a writ of execution 6 |
---|
220 | | - | under (a) of this section or another court order, the commissioner shall deliver to the 7 |
---|
221 | | - | court that portion of the dividend executed upon along with the case name and 8 |
---|
222 | | - | number. At the time payment is made to the court, the department shall send notice to 9 |
---|
223 | | - | the court that issued the writ or order and to the individual at the address provided 10 |
---|
224 | | - | in the individual's dividend application or the electronic mail address at which the 11 |
---|
225 | | - | individual has consented to receive notices or documents in a verifiable manner, 12 |
---|
226 | | - | as provided in regulations adopted by the department. The [AND TO THE 13 |
---|
227 | | - | COURT THAT ISSUED THE WRIT OR ORDER A] notice must contain [THAT 14 |
---|
228 | | - | CONTAINS] 15 |
---|
229 | | - | (1) notification that all or part of the individual's dividend has been 16 |
---|
230 | | - | seized under a writ of execution or court order; 17 |
---|
231 | | - | (2) the name and address of the court that issued the writ or order; 18 |
---|
232 | | - | (3) the case number for which the writ or order was issued; 19 |
---|
233 | | - | (4) the amount seized under the writ or order; and 20 |
---|
234 | | - | (5) notification that the individual has 30 days from the date the notice 21 |
---|
235 | | - | is mailed in which to file with the court an objection to the seizure if a mistake has 22 |
---|
236 | | - | been made. 23 |
---|
237 | | - | * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 24 |
---|
238 | | - | read: 25 |
---|
239 | | - | TRANSITION: REGULATIONS. The co mmissioner of revenue may adopt 26 |
---|
240 | | - | regulations necessary to implement the changes made by this Act. The regulations take effect 27 |
---|
241 | | - | under AS 44.62 (Administrative Procedure Act), but not before the effective date of the law 28 |
---|
242 | | - | implemented by the regulation. 29 |
---|
243 | | - | * Sec. 7. Section 6 of this Act takes effect immediately under AS 01.10.070(c). 30 |
---|
244 | | - | * Sec. 8. Except as provided in sec. 7 of this Act, this Act takes effect January 1, 2025. 31 |
---|
| 214 | + | (3) the case number for which the writ or order was issued; 1 |
---|
| 215 | + | (4) the amount seized under the writ or order; and 2 |
---|
| 216 | + | (5) notification that the individual has 30 days from the date the notice 3 |
---|
| 217 | + | is mailed in which to file with the court an objection to the seizure if a mistake has 4 |
---|
| 218 | + | been made. 5 |
---|
| 219 | + | * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 6 |
---|
| 220 | + | read: 7 |
---|
| 221 | + | TRANSITION: REGULATIONS. The co mmissioner of revenue may adopt 8 |
---|
| 222 | + | regulations necessary to implement the changes made by this Act. The regulations take effect 9 |
---|
| 223 | + | under AS 44.62 (Administrative Procedure Act), but not before the effective date of the law 10 |
---|
| 224 | + | implemented by the regulation. 11 |
---|
| 225 | + | * Sec. 6. Section 5 of this Act takes effect immediately under AS 01.10.070(c). 12 |
---|
| 226 | + | * Sec. 7. Except as provided in sec. 6 of this Act, this Act takes effect January 1, 2024. 13 |
---|