1 | 1 | | |
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2 | 2 | | HB0137a -1- HB 137 |
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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-LS0758\A |
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10 | 10 | | |
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11 | 11 | | HOUSE BILL NO. 137 |
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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: 3/17/25 |
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20 | 20 | | Referred: Judiciary, 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 permanent fund dividends for individuals owing child support; and 1 |
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28 | 28 | | relating to applications and qualifications for permanent fund dividends for individuals 2 |
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29 | 29 | | owing child support." 3 |
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30 | 30 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 |
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31 | 31 | | * Section 1. AS 11.51.120 is amended by adding a new subsection to read: 5 |
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32 | 32 | | (g) For purposes of (d) of this section, a permanent fund dividend distributed 6 |
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33 | 33 | | to an individual owed child support under AS 43.23.005(i) is counted as a child 7 |
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34 | 34 | | support payment. 8 |
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35 | 35 | | * Sec. 2. AS 25.27.020 is amended by adding a new subsection to read: 9 |
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36 | 36 | | (i) Between January 1 and March 31 of each year, the agency shall provide to 10 |
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37 | 37 | | the Department of Revenue a list of individuals in arrears under a child support order. 11 |
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38 | 38 | | On the list, the agency shall indicate, based on existing records and using its 12 |
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39 | 39 | | investigative powers, each individual that the agency believes is eligible for a 13 |
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40 | 40 | | permanent fund dividend. 14 34-LS0758\A |
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41 | 41 | | HB 137 -2- HB0137a |
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42 | 42 | | New Text Underlined [DELETED TEXT BRACKETED] |
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43 | 43 | | |
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44 | 44 | | * Sec. 3. AS 43.23.005 is amended by adding new subsections to read: 1 |
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45 | 45 | | (i) If, by March 31 of each year, the department has not received an 2 |
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46 | 46 | | application from an individual who the department believes is eligible for a dividend 3 |
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47 | 47 | | and who is on the list of individuals in arrears under a child support order provided 4 |
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48 | 48 | | under AS 25.27.020(i), the department shall file an application on behalf of the 5 |
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49 | 49 | | individual. At the time of filing the application, the department shall notify the 6 |
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50 | 50 | | individual in arrears and the individual owed child support that a dividend application 7 |
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51 | 51 | | has been filed on behalf of the individual in arrears, that the individual in arrears or the 8 |
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52 | 52 | | individual owed child support may submit evidence of eligibility of the individual in 9 |
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53 | 53 | | arrears, and that there is no penalty for failure to respond to the notice. If the 10 |
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54 | 54 | | individual in arrears under a child support order is determined to be eligible for a 11 |
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55 | 55 | | permanent fund dividend, the department shall distribute the dividend to the individual 12 |
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56 | 56 | | or individuals owed the child support. AS 09.38 does not apply to a dividend claimed 13 |
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57 | 57 | | and distributed by the department under this subsection. 14 |
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58 | 58 | | (j) The department shall deduct seven percent of a dividend distributed under 15 |
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59 | 59 | | (i) of this section. The amounts deducted under this subsection shall be separately 16 |
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60 | 60 | | accounted for and deposited into the general fund and may be appropriated by the 17 |
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61 | 61 | | legislature for administrative costs incurred in implementing (i) of this section. 18 |
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62 | 62 | | * Sec. 4. AS 43.23.015(c) is amended to read: 19 |
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63 | 63 | | (c) Except as provided in (d) and (k) of this section or as may be provided by 20 |
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64 | 64 | | regulations adopted by the department, an individual must personally sign the 21 |
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65 | 65 | | application for permanent fund dividends, including the certification of residency 22 |
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66 | 66 | | required under (b) of this section. 23 |
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67 | 67 | | * Sec. 5. AS 43.23.015 is amended by adding new subsections to read: 24 |
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68 | 68 | | (k) The application and certification of residency of an individual filed by the 25 |
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69 | 69 | | department under AS 43.23.005(i) is not required to be signed. 26 |
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70 | 70 | | (l) For the purpose of an application filed under AS 43.23.005(i), the 27 |
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71 | 71 | | department may presume that an individual in arrears under a child support order who 28 |
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72 | 72 | | has previously qualified for a dividend remains eligible for the dividend. 29 |
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73 | 73 | | * Sec. 6. AS 43.23.130 is amended by adding a new subsection to read: 30 |
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74 | 74 | | (o) The department may not elect to make a contribution under this section 31 34-LS0758\A |
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75 | 75 | | HB0137a -3- HB 137 |
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76 | 76 | | New Text Underlined [DELETED TEXT BRACKETED] |
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77 | 77 | | |
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78 | 78 | | from the dividend applied for under AS 43.23.005(i). 1 |
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79 | 79 | | * Sec. 7. AS 43.23.140 is amended by adding a new subsection to read: 2 |
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80 | 80 | | (e) This section does not apply to a dividend received through an application 3 |
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81 | 81 | | filed under AS 43.23.005(i). A dividend received through an application filed under 4 |
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82 | 82 | | AS 43.23.005(i) is not subject to levy, execution, garnishment, attachment, or another 5 |
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83 | 83 | | remedy for the collection of debt. 6 |
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84 | 84 | | * Sec. 8. AS 43.23.150 is amended by adding a new subsection to read: 7 |
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85 | 85 | | (d) The Department of Family and Community Services may not claim a 8 |
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86 | 86 | | permanent fund dividend under this section that is received as a result of an 9 |
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87 | 87 | | application filed under AS 43.23.005(i). 10 |
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88 | 88 | | * Sec. 9. AS 43.23.160 is amended by adding a new subsection to read: 11 |
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89 | 89 | | (e) The Alaska Commission on Postsecondary Education may not claim a 12 |
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90 | 90 | | permanent fund dividend under this section that is received as a result of an 13 |
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91 | 91 | | application filed under AS 43.23.005(i). 14 |
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92 | 92 | | * Sec. 10. AS 43.23.170 is amended by adding a new subsection to read: 15 |
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93 | 93 | | (d) The Department of Health may not claim a permanent fund dividend under 16 |
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94 | 94 | | this section that is received as a result of an application filed under AS 43.23.005(i). 17 |
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95 | 95 | | * Sec. 11. AS 43.23.180 is amended by adding a new subsection to read: 18 |
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96 | 96 | | (g) The Department of Labor and Workforce Development may not claim a 19 |
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97 | 97 | | permanent fund dividend under this section that is received as a result of an 20 |
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98 | 98 | | application filed under AS 43.23.005(i). 21 |
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99 | 99 | | * Sec. 12. AS 43.23.190 is amended by adding a new subsection to read: 22 |
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100 | 100 | | (e) The University of Alaska may not claim a permanent fund dividend under 23 |
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101 | 101 | | this section that is received as a result of an application filed under AS 43.23.005(i). 24 |
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102 | 102 | | * Sec. 13. AS 43.23.230 is amended by adding a new subsection to read: 25 |
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103 | 103 | | (f) The department may not donate any amount under this section from a 26 |
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104 | 104 | | dividend applied for under AS 43.23.005(i). 27 |
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105 | 105 | | * Sec. 14. The uncodified law of the State of Alaska is amended by adding |
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106 | 106 | | a new section to 28 |
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107 | 107 | | read: 29 |
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108 | 108 | | APPLICABILITY. (a) AS 11.51.120(g), added by sec. 1 of this Act, applies to 30 |
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109 | 109 | | permanent fund dividends received on or after the effective date of this Act. 31 34-LS0758\A |
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110 | 110 | | HB 137 -4- HB0137a |
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111 | 111 | | New Text Underlined [DELETED TEXT BRACKETED] |
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112 | 112 | | |
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113 | 113 | | (b) AS 43.23.005(i) and (j), added by sec. 3 of this Act, AS 43.23.015(c), as amended 1 |
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114 | 114 | | by sec. 4 of this Act, AS 43.23.015(k) and (l), added by sec. 5 of this Act, AS 43.23.130(o), 2 |
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115 | 115 | | added by sec. 6 of this Act, AS 43.23.140(e), added by sec. 7 of this Act, AS 43.23.150(d), 3 |
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116 | 116 | | added by sec. 8 of this Act, AS 43.23.160(e), added by sec. 9 of this Act, AS 43.23.170(d), 4 |
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117 | 117 | | added by sec. 10 of this Act, AS 43.23.180(g), added by sec. 11 of this Act, AS 43.23.190(e), 5 |
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118 | 118 | | added by sec. 12 of this Act, and AS 43.23.230(f), added by sec. 13 of this Act, apply to the 6 |
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119 | 119 | | permanent fund dividend 2025 qualifying year for the 2026 dividend year and thereafter. 7 |
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