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2 | 2 | | HB0114a -1- HB 114 |
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3 | 3 | | New Text Underlined [DELETED TEXT BRACKETED] |
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4 | 4 | | |
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5 | 5 | | 34-LS0529\A |
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11 | 11 | | HOUSE BILL NO. 114 |
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12 | 12 | | |
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13 | 13 | | IN THE LEGISLATURE OF THE STATE OF ALASKA |
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14 | 14 | | |
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15 | 15 | | THIRTY-FOURTH LEGISLATURE - FIRST SESSION |
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16 | 16 | | |
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17 | 17 | | BY REPRESENTATIVE CARRICK |
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18 | 18 | | |
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19 | 19 | | Introduced: 2/26/25 |
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20 | 20 | | Referred: State Affairs, Finance |
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21 | 21 | | |
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22 | 22 | | |
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23 | 23 | | A BILL |
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24 | 24 | | |
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25 | 25 | | FOR AN ACT ENTITLED |
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26 | 26 | | |
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27 | 27 | | "An Act relating to the Alaska permanent fund; relating to permanent fund dividends; 1 |
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28 | 28 | | relating to the use of state income from mineral lease rentals, royalties, royalty sale 2 |
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29 | 29 | | proceeds, federal mineral revenue sharing payments, and bonuses from mineral leases; 3 |
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30 | 30 | | relating to contributions from permanent fund dividends to the general and permanent 4 |
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31 | 31 | | funds; and providing for an effective date." 5 |
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32 | 32 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6 |
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33 | 33 | | * Section 1. AS 37.13.140(a) is amended to read: 7 |
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34 | 34 | | (a) [NET INCOME OF THE FUND INCLUDES INCOME OF THE 8 |
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35 | 35 | | EARNINGS RESERVE ACCOUNT EST ABLISHED UNDER AS 37.13.145.] Net 9 |
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36 | 36 | | income of the fund shall be computed annually as of the last day of the fiscal year in 10 |
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37 | 37 | | accordance with generally accepted accounting principles, excluding any unrealized 11 |
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38 | 38 | | gains or losses. [INCOME AVAILABLE FOR DISTRIBUTION EQUALS 21 12 |
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39 | 39 | | PERCENT OF THE NET INCOME OF THE FUND FOR THE LAST FIVE FISCAL 13 34-LS0529\A |
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40 | 40 | | HB 114 -2- HB0114a |
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41 | 41 | | New Text Underlined [DELETED TEXT BRACKETED] |
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42 | 42 | | |
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43 | 43 | | YEARS, INCLUDING THE FISCAL YEAR JUST ENDED, BUT MAY NOT 1 |
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44 | 44 | | EXCEED NET INCOME OF THE FUND FOR THE FISCAL YEAR JUST ENDED 2 |
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45 | 45 | | PLUS THE BALANCE IN THE EARNINGS RESERVE ACCOUNT DESCRIBED 3 |
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46 | 46 | | IN AS 37.13.145.] 4 |
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47 | 47 | | * Sec. 2. AS 37.13.145(c) is amended to read: 5 |
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48 | 48 | | (c) After the [TRANSFER UNDER (b) AND AN] appropriation under (e) of 6 |
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49 | 49 | | this section, the legislature may appropriate [CORPORATION SHALL 7 |
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50 | 50 | | TRANSFER] from the earnings reserve account to the principal of the fund an amount 8 |
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51 | 51 | | sufficient to offset the effect of inflation on the principal of the fund during that fiscal 9 |
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52 | 52 | | year. However, none of the amount appropriated [TRANSFERRED] shall be applied 10 |
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53 | 53 | | to increase the value of that portion of the principal attributed to the settlement of State 11 |
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54 | 54 | | v. Amerada Hess, et al., 1JU-77-847 Civ. (Superior Court, First Judicial District) on 12 |
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55 | 55 | | July 1, 2004. The corporation shall calculate the amount sufficient to offset the effect 13 |
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56 | 56 | | of inflation [TO TRANSFER TO THE PRINCIPAL] under this subsection by 14 |
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57 | 57 | | (1) computing the average of the monthly United States Consumer 15 |
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58 | 58 | | Price Index for all urban consumers for each of the two previous calendar years; 16 |
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59 | 59 | | (2) computing the percentage change between the first and second 17 |
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60 | 60 | | calendar year average; and 18 |
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61 | 61 | | (3) applying that rate to the value of the principal of the fund on the 19 |
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62 | 62 | | last day of the fiscal year just ended, including that portion of the principal attributed 20 |
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63 | 63 | | to the settlement of State v. Amerada Hess, et al., 1JU-77-847 Civ. (Superior Court, 21 |
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64 | 64 | | First Judicial District). 22 |
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65 | 65 | | * Sec. 3. AS 37.13.145(d) is amended to read: 23 |
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66 | 66 | | (d) Income [NOTWITHSTANDING (b) OF THIS SECTION, INCOME] 24 |
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67 | 67 | | earned on money awarded in or received as a result of State v. Amerada Hess, et al., 25 |
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68 | 68 | | 1JU-77-847 Civ. (Superior Court, First Judicial District), including settlement, 26 |
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69 | 69 | | summary judgment, or adjustment to a royalty-in-kind contract that is tied to the 27 |
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70 | 70 | | outcome of this case, or interest earned on the money, or on the earnings of the money 28 |
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71 | 71 | | shall be treated in the same manner as other income of the Alaska permanent fund, 29 |
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72 | 72 | | except that it is not available for appropriation [DISTRIBUTION TO THE 30 |
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73 | 73 | | DIVIDEND FUND, FOR TRANSFERS] to the principal under (c) of this section [,] 31 34-LS0529\A |
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74 | 74 | | HB0114a -3- HB 114 |
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75 | 75 | | New Text Underlined [DELETED TEXT BRACKETED] |
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76 | 76 | | |
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77 | 77 | | or for an appropriation under (e) of this section, and shall be annually deposited into 1 |
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78 | 78 | | the Alaska capital income fund (AS 37.05.565). 2 |
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79 | 79 | | * Sec. 4. AS 37.13.145(e) is amended to read: 3 |
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80 | 80 | | (e) The legislature may not appropriate from the earnings reserve account [TO 4 |
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81 | 81 | | THE GENERAL FUND] a total amount that exceeds the amount available for 5 |
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82 | 82 | | appropriation under AS 37.13.140(b) in a fiscal year. 6 |
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83 | 83 | | * Sec. 5. AS 43.23.025(a) is amended to read: 7 |
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84 | 84 | | (a) By October 1 of each year, the commissioner shall determine the value of 8 |
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85 | 85 | | each permanent fund dividend for that year by 9 |
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86 | 86 | | (1) determining the total amount available for dividend payments, 10 |
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87 | 87 | | which equals 11 |
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88 | 88 | | (A) the amount appropriated [OF INCOME OF THE 12 |
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89 | 89 | | ALASKA PERMANENT FUND TRANSFERRED] to the dividend fund 13 |
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90 | 90 | | established under AS 43.23.045 [AS 37.13.145(b)] during the current year; 14 |
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91 | 91 | | (B) plus the unexpended and unobligated balances of prior 15 |
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92 | 92 | | fiscal year appropriations that lapse into the dividend fund under 16 |
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93 | 93 | | AS 43.23.045(d); 17 |
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94 | 94 | | (C) less the amount necessary to pay prior year dividends from 18 |
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95 | 95 | | the dividend fund in the current year under AS 43.23.005(h), 43.23.021, and 19 |
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96 | 96 | | 43.23.055(3) and (7); 20 |
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97 | 97 | | (D) less the amount necessary to pay dividends from the 21 |
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98 | 98 | | dividend fund due to eligible applicants who, as determined by the department, 22 |
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99 | 99 | | filed for a previous year's dividend by the filing deadline but who were not 23 |
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100 | 100 | | included in a previous year's dividend computation; 24 |
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101 | 101 | | (E) less appropriations from the dividend fund during the 25 |
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102 | 102 | | current year, including amounts to pay costs of administering the dividend 26 |
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103 | 103 | | program and the hold harmless provisions of AS 43.23.240; 27 |
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104 | 104 | | (2) determining the number of individuals eligible to receive a 28 |
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105 | 105 | | dividend payment for the current year and the number of estates and successors 29 |
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106 | 106 | | eligible to receive a dividend payment for the current year under AS 43.23.005(h); and 30 |
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107 | 107 | | (3) dividing the amount determined under (1) of this subsection by the 31 34-LS0529\A |
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108 | 108 | | HB 114 -4- HB0114a |
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109 | 109 | | New Text Underlined [DELETED TEXT BRACKETED] |
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110 | 110 | | |
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111 | 111 | | amount determined under (2) of this subsection. 1 |
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112 | 112 | | * Sec. 6. AS 43.23.028(a) is amended to read: 2 |
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113 | 113 | | (a) By October 1 of each year, the commissioner shall give public notice of 3 |
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114 | 114 | | the value of each permanent fund dividend for that year and notice of the information 4 |
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115 | 115 | | required to be disclosed under (3) of this subsection. In addition, the stub attached to 5 |
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116 | 116 | | each individual dividend disbursement advice must 6 |
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117 | 117 | | (1) disclose the amount of each dividend attributable to legislative 7 |
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118 | 118 | | appropriations [INCOME EARNED BY THE PERMANENT FUND FROM 8 |
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119 | 119 | | DEPOSITS TO THAT FUND REQUIRED UNDER ART. IX, SEC. 15, 9 |
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120 | 120 | | CONSTITUTION OF THE STATE OF ALASKA]; 10 |
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121 | 121 | | (2) [DISCLOSE THE AMOUNT OF EACH DIVIDEND 11 |
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122 | 122 | | ATTRIBUTABLE TO INCOME EARNED BY THE PERMANENT FUND FROM 12 |
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123 | 123 | | APPROPRIATIONS TO THAT FUND AND FROM AMOUNTS ADDED TO 13 |
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124 | 124 | | THAT FUND TO OFFSET THE EFFECTS OF INFLATION; 14 |
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125 | 125 | | (3)] disclose the amount by which each dividend has been reduced due 15 |
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126 | 126 | | to each appropriation from the dividend fund, including amounts to pay the costs of 16 |
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127 | 127 | | administering the dividend program and the hold harmless provisions of 17 |
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128 | 128 | | AS 43.23.240; 18 |
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129 | 129 | | (3) [(4)] include a statement that an individual is not eligible for a 19 |
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130 | 130 | | dividend when 20 |
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131 | 131 | | (A) during the qualifying year, the individual was convicted of 21 |
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132 | 132 | | a felony; 22 |
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133 | 133 | | (B) during all or part of the qualifying year, the individual was 23 |
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134 | 134 | | incarcerated as a result of the conviction of a 24 |
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135 | 135 | | (i) felony; or 25 |
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136 | 136 | | (ii) misdemeanor if the individual has been convicted of 26 |
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137 | 137 | | a prior felony or two or more prior misdemeanors; 27 |
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138 | 138 | | (4) [(5)] include a statement that the legislative purpose for making 28 |
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139 | 139 | | individuals listed under (3) [(4)] of this subsection ineligible is to 29 |
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140 | 140 | | (A) provide funds for services for and payments to crime 30 |
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141 | 141 | | victims and operating costs of the Violent Crimes Compensation Board; 31 34-LS0529\A |
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142 | 142 | | HB0114a -5- HB 114 |
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143 | 143 | | New Text Underlined [DELETED TEXT BRACKETED] |
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144 | 144 | | |
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145 | 145 | | (B) provide funds to pay restitution owed to crime victims; 1 |
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146 | 146 | | (C) provide funds for grants to nonprofit organizations for 2 |
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147 | 147 | | services for crime victims and for mental health services and substance abuse 3 |
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148 | 148 | | treatment for offenders; 4 |
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149 | 149 | | (D) provide funds for the office of victims' rights; 5 |
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150 | 150 | | (E) provide funds to the Council on Domestic Violence and 6 |
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151 | 151 | | Sexual Assault for grants for the operation of domestic violence and sexual 7 |
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152 | 152 | | assault programs; and 8 |
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153 | 153 | | (F) obtain reimbursement for some of the costs imposed on the 9 |
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154 | 154 | | Department of Corrections related to incarceration or probation of those 10 |
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155 | 155 | | individuals; 11 |
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156 | 156 | | (5) [(6)] disclose the total amount that would have been paid during the 12 |
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157 | 157 | | previous fiscal year to individuals who were ineligible to receive dividends under 13 |
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158 | 158 | | AS 43.23.005(d) if they had been eligible; 14 |
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159 | 159 | | (6) [(7)] disclose the total amount transferred or appropriated for the 15 |
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160 | 160 | | current fiscal year under AS 43.23.048 for each of the accounts, funds, and agencies 16 |
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161 | 161 | | listed in AS 43.23.048. 17 |
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162 | 162 | | * Sec. 7. AS 43.23.045 is amended by adding a new subsection to read: 18 |
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163 | 163 | | (f) Each fiscal year, after the appropriations or transfers made under 19 |
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164 | 164 | | AS 37.13.010 and AS 37.14.150, the legislature may appropriate to the dividend fund 20 |
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165 | 165 | | 69 percent of all mineral lease rentals, royalties, royalty sale proceeds, federal mineral 21 |
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166 | 166 | | revenue sharing payments, and bonuses received by the state during that fiscal year. 22 |
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167 | 167 | | * Sec. 8. AS 43.23 is amended by adding a new section to read: 23 |
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168 | 168 | | Sec. 43.23.135. Contributions to the general and permanent funds. (a) 24 |
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169 | 169 | | Notwithstanding AS 43.23.200, the electronic Alaska permanent fund dividend 25 |
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170 | 170 | | application must allow an applicant to direct that money be subtracted from the 26 |
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171 | 171 | | dividend payment and contributed to the state general fund or the principal of the 27 |
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172 | 172 | | permanent fund. A contribution to the state general fund or the principal of the 28 |
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173 | 173 | | permanent fund may be $25 or more, in increments of $25, up to the total amount of 29 |
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174 | 174 | | the permanent fund dividend that the applicant is entitled to receive. If the applicant's 30 |
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175 | 175 | | total amount of contributions under this subsection, when added to the total amount of 31 34-LS0529\A |
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176 | 176 | | HB 114 -6- HB0114a |
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177 | 177 | | New Text Underlined [DELETED TEXT BRACKETED] |
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178 | 178 | | |
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179 | 179 | | contributions under AS 43.23.130, exceeds the amount of the permanent fund 1 |
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180 | 180 | | dividend that the applicant is entitled to receive, contributions under AS 43.23.130 2 |
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181 | 181 | | shall have priority over contributions under this subsection. The electronic application 3 |
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182 | 182 | | must include notice that seven percent of the money contributed to the state general 4 |
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183 | 183 | | fund or the principal of the permanent fund will be used for administrative costs 5 |
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184 | 184 | | incurred in implementing this subsection and that money from the dividend fund will 6 |
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185 | 185 | | not be used for that purpose. 7 |
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186 | 186 | | (b) A public agency that claims a permanent fund dividend on behalf of an 8 |
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187 | 187 | | individual under AS 43.23.015(e) may not elect to make contributions from the 9 |
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188 | 188 | | dividend under this section. 10 |
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189 | 189 | | (c) In preparing the electronic Alaska permanent fund dividend application, 11 |
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190 | 190 | | the department shall ensure that the option to make a contribution under this section is 12 |
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191 | 191 | | in a separate section of the application than the option to make a contribution under 13 |
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192 | 192 | | AS 43.23.130. 14 |
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193 | 193 | | * Sec. 9. AS 37.13.145(b) and 37.13.145(f) are repealed. 15 |
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194 | 194 | | * Sec. 10. This Act takes effect July 1, 2025. 16 |
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