AK
Alaska Senate Bill SB12

Alaska 2025-2026 Regular Session

Alaska Senate Bill SB12 Compare Versions

OldNewDifferences
11
2-SB0012B -1- CSSB 12(JUD)
2+SB0012A -1- SB 12
33 New Text Underlined [DELETED TEXT BRACKETED]
44
5-34-LS0135\I
5+34-LS0135\A
66
77
88
99
10-CS FOR SENATE BILL NO. 12(JUD)
10+
11+ SENATE BILL NO. 12
1112
1213 IN THE LEGISLATURE OF THE STATE OF ALASKA
1314
1415 THIRTY-FOURTH LEGISLATURE - FIRST SESSION
1516
16-BY SENATORS DUNBAR, Myers
17+BY SENATOR DUNBAR
1718
18-Offered: 3/14/25
19-Referred: Finance
19+Introduced: 1/10/25
20+Referred: Prefiled
2021
21-Sponsor(s): SENATOR DUNBAR
22+
2223 A BILL
2324
2425 FOR AN ACT ENTITLED
2526
2627 "An Act relating to permanent fund dividends for individuals owing child support; and 1
2728 relating to applications and qualifications for permanent fund dividends for individuals 2
2829 owing child support." 3
2930 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
3031 * Section 1. AS 11.51.120 is amended by adding a new subsection to read: 5
31-(g) For purposes of (d) of this section, a permanent fund dividend distributed 6
32-to an individual owed child support under AS 43.23.005(i) is counted as a child 7
33-support payment. 8
34- * Sec. 2. AS 25.27.020 is amended by adding a new subsection to read: 9
35-(i) Between January 1 and March 31 of each year, the agency shall provide to 10
36-the Department of Revenue a list of individuals in arrears under a child support order. 11
37-On the list, the agency shall indicate, based on existing records and using its 12
38-investigative powers, each individual that the agency believes is eligible for a 13
39-permanent fund dividend. 14 34-LS0135\I
40-CSSB 12(JUD) -2- SB0012B
32+(g) For purposes of (d) of this section, a permanent fund dividend applied for 6
33+and claimed by an individual owed child support under AS 43.23.005(i) or distributed 7
34+to an individual owed child support under AS 43.23.005(j) is counted as a child 8
35+support payment. 9
36+ * Sec. 2. AS 25.27.020(a) is amended to read: 10
37+(a) The agency shall 11
38+(1) seek enforcement of child support orders of the state in other 12
39+jurisdictions and shall obtain, enforce, and administer the orders in this state; 13
40+(2) adopt regulations to carry out the purposes of this chapter and 14 34-LS0135\A
41+SB 12 -2- SB0012A
4142 New Text Underlined [DELETED TEXT BRACKETED]
4243
43- * Sec. 3. AS 43.23.005 is amended by adding new subsections to read: 1
44-(i) If, by March 31 of each year, the department has not received an 2
45-application from an individual who the department believes is eligible for a dividend 3
46-and who is on the list of individuals in arrears under a child support order provided 4
47-under AS 25.27.020(i), the department shall file an application on behalf of the 5
48-individual. At the time of filing the application, the department shall notify the 6
49-individual in arrears and the individual owed child support that a dividend application 7
50-has been filed on behalf of the individual in arrears, that the individual in arrears or the 8
51-individual owed child support may submit evidence of eligibility of the individual in 9
52-arrears, and that there is no penalty for failure to respond to the notice. If the 10
53-individual in arrears under a child support order is determined to be eligible for a 11
54-permanent fund dividend, the department shall distribute the dividend to the individual 12
55-or individuals owed the child support. AS 09.38 does not apply to a dividend claimed 13
56-and distributed by the department under this subsection. 14
57-(j) The department shall deduct seven percent of a dividend distributed under 15
58-(i) of this section. The amounts deducted under this subsection shall be separately 16
59-accounted for and deposited into the general fund and may be appropriated by the 17
60-legislature for administrative costs incurred in implementing (i) of this section. 18
61- * Sec. 4. AS 43.23.015(c) is amended to read: 19
62-(c) Except as provided in (d) and (k) of this section or as may be provided by 20
63-regulations adopted by the department, an individual must personally sign the 21
64-application for permanent fund dividends, including the certification of residency 22
65-required under (b) of this section. 23
66- * Sec. 5. AS 43.23.015 is amended by adding new subsections to read: 24
67-(k) The application and certification of residency of an individual filed by the 25
68-department under AS 43.23.005(i) is not required to be signed. 26
69-(l) For the purpose of an application filed under AS 43.23.005(i), the 27
70-department may presume that an individual in arrears under a child support order who 28
71-has previously qualified for a dividend remains eligible for the dividend. 29
72- * Sec. 6. AS 43.23.130 is amended by adding a new subsection to read: 30
73-(o) The department may not elect to make a contribution under this section 31 34-LS0135\I
74-SB0012B -3- CSSB 12(JUD)
44+AS 25.25, including regulations that establish 1
45+(A) procedures for hearings conducted under AS 25.27.170 and 2
46+for administrative enforcement of support orders; 3
47+(B) subject to AS 25.27.025 and to federal law, a uniform rate 4
48+of interest on arrearages of support that shall be charged the obligor upon 5
49+notice if child support payments are 10 or more days overdue or if payment is 6
50+made by a check backed by insufficient funds; however, an obligor may not be 7
51+charged interest on late payment of a child support obligation, other than a 8
52+payment on arrearages, if the obligor is 9
53+(i) employed and income is being withheld from the 10
54+obligor's wages under an income withholding order; 11
55+(ii) receiving unemployment compensation and child 12
56+support obligations are being withheld from the obligor's 13
57+unemployment payments under AS 23.20.401; or 14
58+(iii) receiving compensation for disabilities under 15
59+AS 23.30 and child support obligations are being withheld from the 16
60+obligor's compensation payments; 17
61+(C) procedures for establishing and disestablishing paternity 18
62+under AS 25.27.165 and 25.27.166, including procedures for hearings; and 19
63+(D) procedures under which the agency shall enter into 20
64+contracts or agreements with financial institutions, including brokerage houses, 21
65+insurance companies, and other companies providing individual investment, 22
66+transaction, or deposit accounts, doing business in the state to develop and 23
67+operate an automated data match system as required by 42 U.S.C. 666(a)(17); 24
68+the agency may pay a reasonable fee to a financial institution for conducting a 25
69+data match under a contract or agreement under this subparagraph; the fee may 26
70+not exceed the actual costs incurred by the financial institution for conducting 27
71+the data match; 28
72+(3) administer and enforce AS 25.25 (Uniform Interstate Family 29
73+Support Act); 30
74+(4) establish, enforce, and administer child support obligations 31 34-LS0135\A
75+SB0012A -3- SB 12
7576 New Text Underlined [DELETED TEXT BRACKETED]
7677
77-from the dividend applied for under AS 43.23.005(i). 1
78- * Sec. 7. AS 43.23.140 is amended by adding a new subsection to read: 2
79-(e) This section does not apply to a dividend received through an application 3
80-filed under AS 43.23.005(i). A dividend received through an application filed under 4
81-AS 43.23.005(i) is not subject to levy, execution, garnishment, attachment, or another 5
82-remedy for the collection of debt. 6
83- * Sec. 8. AS 43.23.150 is amended by adding a new subsection to read: 7
84-(d) The Department of Family and Community Services may not claim a 8
85-permanent fund dividend under this section that is received as a result of an 9
86-application filed under AS 43.23.005(i). 10
87- * Sec. 9. AS 43.23.160 is amended by adding a new subsection to read: 11
88-(e) The Alaska Commission on Postsecondary Education may not claim a 12
89-permanent fund dividend under this section that is received as a result of an 13
90-application filed under AS 43.23.005(i). 14
91- * Sec. 10. AS 43.23.170 is amended by adding a new subsection to read: 15
92-(d) The Department of Health may not claim a permanent fund dividend under 16
93-this section that is received as a result of an application filed under AS 43.23.005(i). 17
94- * Sec. 11. AS 43.23.180 is amended by adding a new subsection to read: 18
95-(g) The Department of Labor and Workforce Development may not claim a 19
96-permanent fund dividend under this section that is received as a result of an 20
97-application filed under AS 43.23.005(i). 21
98- * Sec. 12. AS 43.23.190 is amended by adding a new subsection to read: 22
99-(e) The University of Alaska may not claim a permanent fund dividend under 23
100-this section that is received as a result of an application filed under AS 43.23.005(i). 24
101- * Sec. 13. AS 43.23.230 is amended by adding a new subsection to read: 25
102-(f) The department may not donate any amount under this section from a 26
103-dividend applied for under AS 43.23.005(i). 27
104- * Sec. 14. The uncodified law of the State of Alaska is amended by adding
105-a new section to 28
106-read: 29
107-APPLICABILITY. (a) AS 11.51.120(g), added by sec. 1 of this Act, applies to 30
108-permanent fund dividends received on or after the effective date of this Act. 31 34-LS0135\I
109-CSSB 12(JUD) -4- SB0012B
78+administratively under this chapter; 1
79+(5) administer the state plan required under 42 U.S.C. 651 - 669 (Title 2
80+IV-D, Social Security Act) as amended; 3
81+(6) disburse support payments collected by the agency to the obligee, 4
82+together with interest charged under (2)(B) of this subsection; 5
83+(7) establish and enforce administratively under this chapter, or 6
84+through the superior courts of the state, child support orders from other jurisdictions 7
85+pertaining to obligors within the state; 8
86+(8) enforce and administer spousal support orders if a spousal support 9
87+obligation has been established with respect to the spouse and if the support obligation 10
88+established with respect to the child of that spouse is also being administered; 11
89+(9) obtain a medical support order that meets the requirements of 12
90+AS 25.27.060(c) and 25.27.063; 13
91+(10) act on behalf of the Department of Health in the enforcement of 14
92+AS 47.07.025(b); 15
93+(11) establish or disestablish, administratively under AS 25.27.165 - 16
94+25.27.166 or through court action, the paternity of a child; 17
95+(12) promptly provide to the Bureau of Vital Statistics, in a format 18
96+approved by the bureau, any final agency decision administratively establishing or 19
97+disestablishing the paternity of a child born in this state; [AND] 20
98+(13) act as the central registry for all child support orders and exchange 21
99+information as required by federal law; and 22
100+(14) between January 1 and March 31 of each year, provide to the 23
101+Department of Revenue a list of individuals in arrears under a child support 24
102+order. 25
103+ * Sec. 3. AS 43.23.005 is amended by adding new subsections to read: 26
104+(i) An individual owed child support may apply for and claim a permanent 27
105+fund dividend on behalf of the individual owing the child support if the individual has 28
106+a past due child support obligation established by court order or by the child support 29
107+services agency under AS 25.27.160 - 25.27.220 at the time of application and the 30
108+individual owing child support has not applied for a dividend for that year. AS 09.38 31 34-LS0135\A
109+SB 12 -4- SB0012A
110110 New Text Underlined [DELETED TEXT BRACKETED]
111111
112-(b) AS 43.23.005(i) and (j), added by sec. 3 of this Act, AS 43.23.015(c), as amended 1
113-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
114-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
115-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
116-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
117-added by sec. 12 of this Act, and AS 43.23.230(f), added by sec. 13 of this Act, apply to the 6
118-permanent fund dividend 2025 qualifying year for the 2026 dividend year and thereafter. 7
112+does not apply to a dividend claimed by an individual under this subsection. 1
113+(j) If, by March 31 of each year, the department has not received an 2
114+application from an individual on the list of individuals in arrears under a child 3
115+support order provided under AS 25.27.020(a) or an application for the individual 4
116+under (i) of this section, the department shall file an application on behalf of the 5
117+individual. If the individual in arrears under a child support order is determined to be 6
118+eligible for a permanent fund dividend, the department shall distribute dividend to the 7
119+individual or individuals owed the child support. AS 09.38 does not apply to a 8
120+dividend claimed and distributed by the department under this subsection. 9
121+ * Sec. 4. AS 43.23.015(c) is amended to read: 10
122+(c) Except as provided in (d), (k), and (m) of this section or as may be 11
123+provided by regulations adopted by the department, an individual must personally sign 12
124+the application for permanent fund dividends, including the certification of residency 13
125+required under (b) of this section. 14
126+ * Sec. 5. AS 43.23.015 is amended by adding new subsections to read: 15
127+(k) An application and certification of residency filed under AS 43.23.005(i) 16
128+must be signed by the individual owed the child support. The individual owed the 17
129+child support may submit, as evidence of residency of the individual owing child 18
130+support, child support records, motor vehicle records maintained by the Department of 19
131+Administration, voter registration, evidence of voter activity, utility bills, rental 20
132+agreements, known addresses, school records, employment records, sworn affidavits 21
133+from witnesses, Internet or social media records, or similar evidence to demonstrate 22
134+the residency of the individual owing the child support. 23
135+(l) The application and certification of residency of an individual filed by the 24
136+department under AS 43.23.005(j) is not required to be signed. 25
137+(m) For the purpose of an application filed under AS 43.23.005(i) or (j), the 26
138+department shall assume that an individual owing child support who has previously 27
139+qualified for a dividend remains eligible for the dividend, unless the individual owing 28
140+child support provides proof of ineligibility. 29
141+ * Sec. 6. AS 43.23.130 is amended by adding a new subsection to read: 30
142+(o) An individual owed child support who is filing an application under 31 34-LS0135\A
143+SB0012A -5- SB 12
144+ New Text Underlined [DELETED TEXT BRACKETED]
145+
146+AS 43.23.005(i) or (j) may not make a contribution under this section from the 1
147+dividend received from that application. 2
148+ * Sec. 7. AS 43.23.140 is amended by adding a new subsection to read: 3
149+(e) This section does not apply to a dividend received through an application 4
150+filed under AS 43.23.005(i) or (j). A dividend received through an application filed 5
151+under AS 43.23.005(i) or (j) is not subject to levy, execution, garnishment, attachment, 6
152+or another remedy for the collection of debt. 7
153+ * Sec. 8. AS 43.23.150 is amended by adding a new subsection to read: 8
154+(d) The Department of Family and Community Services may not claim a 9
155+permanent fund dividend under this section that is received as a result of an 10
156+application filed under AS 43.23.005(i) or (j). 11
157+ * Sec. 9. AS 43.23.160 is amended by adding a new subsection to read: 12
158+(e) The Alaska Commission on Postsecondary Education may not claim a 13
159+permanent fund dividend under this section that is received as a result of an 14
160+application filed under AS 43.23.005(i) or (j). 15
161+ * Sec. 10. AS 43.23.170 is amended by adding a new subsection to read: 16
162+(d) The Department of Health may not claim a permanent fund dividend under 17
163+this section that is received as a result of an application filed under AS 43.23.005(i) or 18
164+(j). 19
165+ * Sec. 11. AS 43.23.180 is amended by adding a new subsection to read: 20
166+(g) The Department of Labor and Workforce Development may not claim a 21
167+permanent fund dividend under this section that is received as a result of an 22
168+application filed under AS 43.23.005(i) or (j). 23
169+ * Sec. 12. AS 43.23.190 is amended by adding a new subsection to read: 24
170+(e) The University of Alaska may not claim a permanent fund dividend under 25
171+this section that is received as a result of an application filed under AS 43.23.005(i) or 26
172+(j). 27
173+ * Sec. 13. AS 43.23.230 is amended by adding a new subsection to read: 28
174+(f) An individual who receives a permanent fund dividend as a result of an 29
175+application filed under AS 43.23.005(i) or (j) may not donate a
176+ny amount of the 30
177+dividend under this section. 31 34-LS0135\A
178+SB 12 -6- SB0012A
179+ New Text Underlined [DELETED TEXT BRACKETED]
180+
181+ * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 1
182+read: 2
183+APPLICABILITY. (a) AS 11.51.120(g), added by sec. 1 of this Act, applies to 3
184+permanent fund dividends received on or after the effective date of this Act. 4
185+(b) AS 43.23.005(i) and (j), added by sec. 3 of this Act, AS 43.23.015(c), as amended 5
186+by sec. 4 of this Act, AS 43.23.015(k) - (m), added by sec. 5 of this Act, AS 43.23.130(o), 6
187+added by sec. 6 of this Act, AS 43.23.140(e), added by sec. 7 of this Act, AS 43.23.150(d), 7
188+added by sec. 8 of this Act, AS 43.23.160(e), added by sec. 9 of this Act, AS 43.23.170(d), 8
189+added by sec. 10 of this Act, AS 43.23.180(g), added by sec. 11 of this Act, AS 43.23.190(e), 9
190+added by sec. 12 of this Act, and AS 43.23.230(f), added by sec. 13 of this Act, apply to the 10
191+permanent fund dividend 2025 qualifying year for the 2026 dividend year and thereafter. 11