RENAME PFD RESOURCE DIVIDEND

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HOUSE BILL NO. 327

IN THE LEGISLATURE OF THE STATE OF ALASKA

THIRTY-FOURTH LEGISLATURE - SECOND SESSION

BY REPRESENTATIVE SCHWANKE

Introduced: 2/23/26
Referred: State Affairs, Finance

A BILL

FOR AN ACT ENTITLED

"An Act relating to dividends for state residents; relating to the dividend fund; and 1
providing for an effective date." 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
* Section 1. AS 06.65.300 is amended to read: 4
Sec. 06.65.300. Deposit from resource [PERMANENT FUND] dividend. A 5
person who is eligible under AS 43.23 to receive a resource [PERMANENT FUND] 6
dividend may make a deposit into the program account of a designated beneficiary 7
from and up to the amount of the person's [PERMANENT FUND] dividend. 8
* Sec. 2. AS 09.38.015(a) is amended to read: 9
(a) An individual is entitled to exemption of the following property: 10
(1) a burial plot for the individual and the individual's family; 11
(2) health aids reasonably necessary to enable the individual or a 12
dependent to work or to sustain health; 13
(3) benefits paid or payable for medical, surgical, or hospital care to 14
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the extent they are or will be used to pay for the care; 1
(4) an award under AS 18.67 (Violent Crimes Compensation Board) or 2
a crime victim's reparations act of another jurisdiction; 3
(5) benefits paid or payable as a longevity bonus under AS 47.45; 4
(6) compensation or benefits paid or payable and exempt under federal 5
law; 6
(7) liquor licenses granted under AS 04; 7
(8) tuition credit or savings accounts under an education savings 8
account established under AS 14.40.802 or an advance college tuition savings contract 9
authorized under AS 14.40.809(a); 10
(9) a resource [PERMANENT FUND] dividend to the extent allowed 11
under AS 43.23.140; 12
(10) benefits paid or payable under AS 47.45.301 - 47.45.309. 13
* Sec. 3. AS 09.38.030(b) is amended to read: 14
(b) An individual who does not receive earnings [EITHER] weekly, semi-15
monthly, or monthly is entitled to a maximum exemption for the aggregate value of 16
cash and other liquid assets available in any month of $1,400, except as provided in (f) 17
and (h) of this section and in AS 09.38.050. The term "liquid assets" includes deposits, 18
securities, notes, drafts, accrued vacation pay, refunds, prepayments, and receivables, 19
but does not include resource [PERMANENT FUND] dividends under AS 43.23 20
before or after receipt by the individual. 21
* Sec. 4. AS 11.56.205(a) is amended to read: 22
(a) A person commits the crime of unsworn falsification in the first degree if 23
the person violates AS 11.56.210(a)(1) and the application is an application for a 24
resource [PERMANENT FUND] dividend under AS 43.23. 25
* Sec. 5. AS 11.56.205(b) is amended to read: 26
(b) In this section, 27
(1) "application for a resource [PERMANENT FUND] dividend" 28
includes a written or electronic application and any other documentation submitted to 29
support an application for a resource [PERMANENT FUND] dividend; 30
(2) "resource [PERMANENT FUND] dividend" has the meaning 31
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given in AS 43.23.295. 1
* Sec. 6. AS 11.56.800(a) is amended to read: 2
(a) A person commits the crime of false information or report if the person 3
knowingly 4
(1) gives false information to a peace officer 5
(A) with the intent of implicating another in an offense; or 6
(B) concerning the person's identity while the person is 7
(i) under arrest, detention, or investigation for a crime; 8
or 9
(ii) being served with an arrest warrant or being issued a 10
citation; 11
(2) makes a false report to a peace officer that a crime has occurred or 12
is about to occur; 13
(3) makes a false report or gives a false alarm, under circumstances not 14
amounting to terroristic threatening in the second degree under AS 11.56.810, that a 15
fire or other incident dangerous to life or property calling for an emergency response 16
has occurred or is about to occur; 17
(4) makes a false report to the Department of Natural Resources under 18
AS 46.17 concerning the condition of a dam or reservoir; or 19
(5) gives false information to a public employee relating to a person's 20
eligibility for a resource [PERMANENT FUND] dividend under AS 43.23 and the 21
false information does not also violate AS 11.56.205. 22
* Sec. 7. AS 11.66.280(3) is amended to read: 23
(3) "gambling" means that a person stakes or risks something of value 24
upon the outcome of a contest of chance or a future contingent event not under the 25
person's control or influence, upon an agreement or understanding that that person or 26
someone else will receive something of value in the event of a certain outcome; 27
"gambling" does not include 28
(A) bona fide business transactions valid under the law of 29
contracts for the purchase or sale at a future date of securities or commodities 30
and agreements to compensate for loss caused by the happening of chance, 31
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including contracts of indemnity or guaranty and life, health, or accident 1
insurance; 2
(B) playing an amusement device that 3
(i) confers only an immediate right of replay not 4
exchangeable for something of value other than the privilege of 5
immediate replay and does not contain a method or device by which the 6
privilege of immediate replay may be cancelled or revoked; 7
(ii) confers only tickets, credits, allowances, tokens, or 8
anything of value that can be redeemed for toys, candy, or electronic 9
novelties offered at the same facility where the amusement device is 10
located; or 11
(iii) allows a player to manipulate a claw machine or 12
similar device within an enclosure and enables a person to receive 13
merchandise directly from the machine; 14
(C) an activity authorized by the Department of Revenue under 15
AS 05.15; or 16
(D) the resource [PERMANENT FUND] dividend raffle 17
authorized under AS 43.23.230; 18
* Sec. 8. AS 12.25.200(b) is amended to read: 19
(b) A citation issued under AS 12.25.180 or other law authorizing the issuance 20
of a citation must be in writing and indicate, if applicable, 21
(1) the amount of bail or fine and the surcharge applicable to the 22
offense; 23
(2) the procedure a person must follow in responding to the citation; 24
(3) that, if the person fails to pay the bail or fine, the person must 25
appear in court; 26
(4) that failure to pay the bail or fine or appear in court for an offense 27
involving a moving motor vehicle may result in 28
(A) suspension of the person's driver's license, privilege to 29
drive, or privilege to obtain a license; or 30
(B) attachment of the person's resource [PERMANENT 31
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FUND] dividend under AS 43.23 to pay the fine plus court and collection 1
costs under AS 28.05.155; and 2
(5) that the person has a right to 3
(A) a trial; 4
(B) engage counsel; 5
(C) confront and question witnesses; 6
(D) testify; 7
(E) subpoena witnesses on the person's behalf. 8
* Sec. 9. AS 12.55.041(d) is amended to read: 9
(d) The court shall include a surcharge imposed under (a) of this section in the 10
judgment of conviction. The court shall include the imposition of a surcharge under 11
(c) of this section in the order revoking probation. For a surcharge that is not paid by 12
the person as required by this section, the state shall seek reimbursement from the 13
person's resource [PERMANENT FUND] dividend as provided under AS 43.23.140. 14
For purposes of collection and priority of attachment under AS 43.23.140, a surcharge 15
imposed under this section is accounted for in the same manner as a cost of 16
imprisonment under AS 28.35.030(k) and 28.35.032(o). The state may enforce 17
payment of a surcharge under this section under AS 09.35 as if it were a civil 18
judgment enforceable by execution. This subsection does not limit the authority of the 19
court to enforce surcharges. 20
* Sec. 10. AS 14.40.251(a) is amended to read: 21
(a) For the purposes of this chapter, tuition, a fee, or another charge to an 22
individual by the University of Alaska is in default after payment has become 180 or 23
more days past due. Upon default, the university may take the individual's resource 24
[PERMANENT FUND] dividend under AS 43.23.190. 25
* Sec. 11. AS 14.40.803(b) is amended to read: 26
(b) The fund consists of 27
(1) resource [PERMANENT FUND] dividend and cash contributions 28
made under AS 14.40.807 under the terms of an advance college tuition savings 29
contract; 30
(2) appropriations, gifts, bequests, and contributions; and 31
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(3) income and earnings of the fund. 1
* Sec. 12. AS 14.40.807(a) is amended to read: 2
(a) Contributions to the fund under the terms of an advance college tuition 3
savings contract may be made by direct cash payments or by contributions from the 4
resource [PERMANENT FUND] dividend under AS 43.23. The Department of 5
Revenue shall 6
(1) prepare the resource [PERMANENT FUND] dividend application 7
to allow an applicant or a parent, legal guardian, or other authorized representative of 8
an applicant who is an unemancipated minor to contribute 50 percent of a dividend to 9
the fund; and 10
(2) include with each application for a resource [PERMANENT 11
FUND] dividend an explanation of the advance college tuition savings program, 12
including the right to receive a refund, a disclosure of the potential tax liability of the 13
fund, and disclosure of the possible general effect of the tax liability on the advance 14
college tuition savings program. 15
* Sec. 13. AS 14.43.145(a) is amended to read: 16
(a) For the purposes of this chapter, a loan is in default after a loan payment 17
has become 180 or more days past due or, for a loan under AS 14.43.161 - 14.43.168 18
or 14.43.170 - 14.43.175, the default requirements established by the commission have 19
been met. Upon default, 20
(1) repayment of the remaining balance is accelerated and due; 21
(2) the commission may take the borrower's resource [PERMANENT 22
FUND] dividend under AS 43.23.160; 23
(3) the commission may issue an order to withhold and deliver under 24
AS 14.43.147; 25
(4) [REPEALED] 26
(5) the commission may record the lien created under AS 14.43.149; 27
and 28
(6) the commission may establish an administrative collection order 29
under AS 14.43.151 - 14.43.155. 30
* Sec. 14. AS 15.07.050(a) is amended to read: 31
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(a) Registration may be made 1
(1) in person before a registration official or through a voter 2
registration agency; 3
(2) by another individual on behalf of the voter if the voter has 4
executed a written general power of attorney or a written special power of attorney 5
authorizing that other individual to register the voter; 6
(3) by mail; 7
(4) by facsimile transmission, scanning, or another method of 8
electronic transmission that the director approves; or 9
(5) by completing a resource [PERMANENT FUND] dividend 10
application under AS 43.23.015. 11
* Sec. 15. AS 15.07.055(e) is amended to read: 12
(e) The director shall enter into an agreement with the Department of 13
Administration, the Department of Corrections, and the Department of Revenue to 14
match identifying information provided by a voter with existing identification records 15
(1) maintained by the administrative component of the Department of 16
Administration that administers motor vehicle and driver's license laws, by the 17
administrative component of the Department of Corrections that issues identification 18
cards, and by the administrative component of the Department of Revenue that 19
administers the resource [PERMANENT FUND] dividend laws; and 20
(2) bearing the same identifying number, name, and date of birth 21
provided on the registration. 22
* Sec. 16. AS 15.07.060(e) is amended to read: 23
(e) For an applicant requesting initial registration by mail, by facsimile or 24
other electronic transmission approved by the director under AS 15.07.050, or by 25
completing a resource [PERMANENT FUND] dividend application under AS 43.23, 26
the director shall verify the information provided in compliance with (a)(2) and (3) of 27
this section through state agency records described in AS 15.07.055(e). If the applicant 28
cannot comply with the requirement of (a)(2) of this section because the applicant has 29
not been issued any of the listed numbers, the applicant may instead submit a copy of 30
one of the following forms of identification: a driver's license, state identification card, 31
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current and valid photo identification, birth certificate, passport, or hunting or fishing 1
license. 2
* Sec. 17. AS 15.07.064(g) is amended to read: 3
(g) Notwithstanding (a) - (f) of this section, the director may substitute a 4
mailing address provided by the voter for the resource [PERMANENT FUND] 5
dividend program under AS 43.23 as the mailing address for the voter on the 6
registration records of the director under procedures specified in regulations of the 7
director if necessary to maintain accuracy of voting registration records. 8
* Sec. 18. AS 15.07.070(i) is amended to read: 9
(i) The division shall register voters who submit an application to receive a 10
resource [PERMANENT FUND] dividend in accordance with (j) - (m) of this section. 11
* Sec. 19. AS 15.07.070(j) is amended to read: 12
(j) The division shall cooperate with the Department of Revenue under 13
AS 43.23.101 to ensure that the resource [PERMANENT FUND] dividend 14
application form furnished by the Department of Revenue under AS 43.23.015 allows 15
an applicant, a person who is designated in a power of attorney to act on behalf of an 16
applicant, or a person acting on behalf of a physically disabled applicant to submit 17
voter registration information required under AS 15.07.060(a)(1) - (4) and (7) - (9), 18
and an attestation that such information is true. The director may require proof of 19
identification of the applicant, if not already in the Department of Revenue's 20
possession, as required by regulations adopted by the director under AS 44.62 21
(Administrative Procedure Act). 22
* Sec. 20. AS 18.56.850(b) is amended to read: 23
(b) In the development of a home energy conservation or weatherization 24
program under (a) of this section, the corporation may not consider the value of 25
Alaska longevity bonus payments under AS 47.45 or resource [PERMANENT 26
FUND] dividends under AS 43.23 in determining whether a person meets income 27
guidelines established under AS 18.56.088 and (a) of this section for a state or, to the 28
extent permitted by federal law, a federal energy conservation or weatherization 29
program. 30
* Sec. 21. AS 22.10.025(b) is amended to read: 31
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(b) The superior court, in an action for divorce, separation, or child support, 1
may issue orders to aid in the enforcement of child support, including orders requiring 2
an individual who owes support under an order of support to 3
(1) make payments according to an approved payment plan; 4
(2) participate in appropriate work activities if the individual is not 5
incapacitated; or 6
(3) complete and submit an application for a resource [PERMANENT 7
FUND] dividend under AS 43.23.015 or provide proof to the agency or the court that 8
the individual is not eligible for a dividend in a given year. 9
* Sec. 22. AS 28.05.155 is amended to read: 10
Sec. 28.05.155. Court and collection costs. If a person's resource 11
[PERMANENT FUND] dividend is attached to pay the bail or fine for an offense 12
involving a moving motor vehicle, the court shall increase the bail or fine of that 13
person by at least 14
(1) $25 for court costs; and 15
(2) $10 for collection costs. 16
* Sec. 23. AS 28.35.030(k) is amended to read: 17
(k) Imprisonment required under (b)(1)(A) of this section shall be served at a 18
community residential center or by electronic monitoring at a private residence under 19
AS 33.30.065. If a community residential center or electronic monitoring at a private 20
residence is not available, imprisonment required under (b)(1)(A) of this section may 21
be served at another appropriate place determined by the commissioner of corrections. 22
Imprisonment required under (b)(1)(B) - (F) of this section may be served at a 23
community residential center or at a private residence if approved by the 24
commissioner of corrections. Imprisonment served at a private residence must include 25
electronic monitoring under AS 33.30.065. The cost of imprisonment resulting from 26
the sentence imposed under (b)(1) of this section shall be paid to the state by the 27
person being sentenced. The cost of imprisonment required to be paid under this 28
subsection may not exceed $2,000. Upon the person's conviction, the court shall 29
include the costs of imprisonment as a part of the judgment of conviction. Except for 30
reimbursement from a resource [PERMANENT FUND] dividend as provided in this 31
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subsection, payment of the cost of imprisonment is not required if the court determines 1
the person is indigent. For costs of imprisonment that are not paid by the person as 2
required by this subsection, the state shall seek reimbursement from the person's 3
resource [PERMANENT FUND] dividend as provided under AS 43.23.140. A person 4
sentenced under (b)(1)(B) of this section shall perform at least 160 hours of 5
community service work, as required by the director of the community residential 6
center or other appropriate place, or as required by the commissioner of corrections if 7
the sentence is being served at a private residence. In this subsection, "appropriate 8
place" means a facility with 24-hour on-site staff supervision that is specifically 9
adapted to provide a residence, and includes a correctional center, residential treatment 10
facility, hospital, halfway house, group home, work farm, work camp, or other place 11
that provides varying levels of restriction. 12
* Sec. 24. AS 28.35.032(o) is amended to read: 13
(o) Imprisonment required under (g)(1)(A) of this section shall be served at a 14
community residential center or by electronic monitoring at a private residence under 15
AS 33.30.065. If a community residential center or electronic monitoring at a private 16
residence is not available, imprisonment required under (g)(1)(A) of this section may 17
be served at another appropriate place determined by the commissioner of corrections. 18
Imprisonment required under (g)(1)(B) - (F) of this section may be served at a 19
community residential center or at a private residence if approved by the 20
commissioner of corrections. Imprisonment served at a private residence must include 21
electronic monitoring under AS 33.30.065. The cost of imprisonment resulting from 22
the sentence imposed under (g)(1) of this section shall be paid to the state by the 23
person being sentenced. The cost of imprisonment required to be paid under this 24
subsection may not exceed $2,000. Upon the person's conviction, the court shall 25
include the costs of imprisonment as a part of the judgment of conviction. Except for 26
reimbursement from a resource [PERMANENT FUND] dividend as provided in this 27
subsection, payment of the cost of imprisonment is not required if the court determines 28
the person is indigent. For costs of imprisonment that are not paid by the person as 29
required by this subsection, the state shall seek reimbursement from the person's 30
resource [PERMANENT FUND] dividend as provided under AS 43.23.140. A person 31
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sentenced under (g)(1)(B) of this section shall perform at least 160 hours of 1
community service work, as required by the director of the community residential 2
center or other appropriate place, or as required by the commissioner of corrections if 3
the sentence is being served at a private residence. In this subsection, "appropriate 4
place" means a facility with 24-hour on-site staff supervision that is specifically 5
adapted to provide a residence, and includes a correctional center, residential treatment 6
facility, hospital, halfway house, group home, work farm, work camp, or other place 7
that provides varying levels of restriction. 8
* Sec. 25. AS 29.45.030(f) is amended to read: 9
(f) To be eligible for an exemption under (e) of this section for a year, a 10
municipality may by ordinance require that an individual also meet requirements 11
under one of the following paragraphs: (1) the individual must [SHALL] be eligible 12
for a resource [PERMANENT FUND] dividend under AS 43.23.005 for that same 13
year or for the immediately preceding year; or (2) if the individual has not applied or 14
does not apply for one or both of the resource [PERMANENT FUND] dividends, the 15
individual would have been eligible for one of the [PERMANENT FUND] dividends 16
identified in (1) of this subsection had the individual applied. An exemption may not 17
be granted under (e) of this section except upon written application for the exemption. 18
Each municipality shall, by ordinance, establish procedures and deadlines for filing the 19
application. The governing body of the municipality for good cause shown may waive 20
the claimant's failure to make timely application for exemption and authorize the 21
assessor to accept the application as if timely filed. If an application is filed within the 22
required time and is approved by the assessor, the assessor shall allow an exemption in 23
accordance with the provisions of (e) of this section. If the application for exemption 24
is approved after taxes have been paid, the amount of tax that the claimant has already 25
paid for the property exempted shall be refunded to the claimant. The assessor shall 26
require proof in the form the assessor considers necessary of the right to and amount 27
of an exemption claimed under (e) of this section, and shall require a disabled veteran 28
claiming an exemption under (e) of this section to provide evidence of the disability 29
rating. The assessor may require proof under this subsection at any time. 30
* Sec. 26. AS 29.60.860(c) is amended to read: 31
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(c) For purposes of this section, the population of a municipality, reserve, or 1
community shall be determined by using the numbers of resource [PERMANENT 2
FUND] dividend recipients or other population data that the department determines is 3
reliable. For purposes of determining the population of a borough, the population of 4
each city in the borough shall be deducted from the total borough population. 5
* Sec. 27. AS 34.45.720(c) is amended to read: 6
(c) AS 34.45.110 - 34.45.780 do not apply to a disbursement for the payment 7
of a resource [PERMANENT FUND] dividend. 8
* Sec. 28. AS 36.10.005(c) is amended to read: 9
(c) The legislature finds that the following factors are reasonable but not 10
exclusive indicators of the ratio of nonresident to resident employees in the state: 11
(1) the ratio of applicants for unemployment insurance who list out-of-12
state residences to applicants who list residences in the state; 13
(2) the ratio of employees who are subject to unemployment insurance 14
coverage and who did not apply for or were denied a resource [PERMANENT 15
FUND] dividend to employees who were found eligible for a dividend. 16
* Sec. 29. AS 37.05.180 is amended to read: 17
Sec. 37.05.180. Limitation on payment of warrants. A warrant on [UPON] 18
the state treasury may not be paid unless presented at the office of the commissioner of 19
revenue within six months of the date of its issuance. A warrant not presented within 20
that time is presumed abandoned, except where the warrant is for the payment of a 21
resource [PERMANENT FUND] dividend or a benefit payment or refund under 22
AS 14.25, AS 22.25, AS 26.05, AS 39.30, AS 39.35, former AS 39.37, or AS 39.45. 23
Money held for an abandoned warrant shall be delivered to the custody of the 24
Department of Revenue to be administered as unclaimed property under AS 34.45. 25
* Sec. 30. AS 37.05.215(g)(1) is amended to read: 26
(1) "expenditure" means a payment from the state treasury that is 27
greater than $1,000 and that is made as a grant, subgrant, contract, subcontract, loan, 28
lease, cooperative agreement, purchase order, task order, delivery order, or other form 29
of financial transaction; "expenditure" does not include the transfer of money between 30
state agencies, salary and wage payments to state employees, benefit payments to a 31
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member or former member of a state retirement system as defined in AS 40.25.151(e), 1
payment of state or federal assistance to an individual, or payment of a resource 2
[PERMANENT FUND] dividend; 3
* Sec. 31. AS 37.05.540(b) is amended to read: 4
(b) Except for appropriations to the permanent fund or for Alaska resource 5
[PERMANENT FUND] dividends, appropriations to the budget reserve fund, 6
appropriations of revenue bond proceeds, appropriations required to pay the principal 7
and interest on general obligation bonds, and appropriations of money received from a 8
nonstate source in trust for a specific purpose, including revenue of a public enterprise 9
or public corporation of the state that issues revenue bonds, appropriations from the 10
mental health trust settlement income account (AS 37.14.036), and appropriations 11
made to the mental health trust fund (AS 37.14.031), appropriations from the treasury 12
made in a fiscal year may not exceed appropriations made in the preceding fiscal year 13
by more than five percent plus the change in population and inflation since the 14
beginning of the preceding fiscal year. For purposes of applying this limit an 15
appropriation is considered to be made in the fiscal year in which it is enacted and a 16
reappropriation remains attributed to the fiscal year in which the original appropriation 17
is enacted. The determination of the change in population for purposes of this 18
subsection shall be based on an annual estimate of population by the Department of 19
Labor and Workforce Development. The determination of the change in inflation for 20
purposes of this subsection shall be based on the Consumer Price Index for all urban 21
consumers for Anchorage prepared by the United States Bureau of Labor Statistics. 22
The amount of money received by the state that is subject to the appropriation limit 23
includes the balance in the general fund carried forward from the preceding fiscal 24
year. 25
* Sec. 32. AS 37.10.210(b) is amended to read: 26
(b) The Alaska Retirement Management Board consists of nine trustees, as 27
follows: 28
(1) two members, consisting of the commissioner of administration 29
and the commissioner of revenue; 30
(2) seven trustees appointed by the governor who meet the eligibility 31
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requirements for a resource [AN ALASKA PERMANENT FUND] dividend and who 1
are professionally credentialed or have recognized competence in investment 2
management, finance, banking, economics, accounting, pension administration, or 3
actuarial analysis as follows: 4
(A) two trustees who are members of the general public; the 5
trustees appointed under this subparagraph may not hold another state office, 6
position, or employment and may not be members or beneficiaries of a 7
retirement system managed by the board; 8
(B) one trustee who is employed as a finance officer for a 9
political subdivision participating in either the public employees' retirement 10
system or the teachers' retirement system; 11
(C) two trustees who are members of the public employees' 12
retirement system, selected from a list of four nominees submitted from among 13
the public employees' retirement system bargaining units; 14
(D) two trustees who are members of the teachers' retirement 15
system selected from a list of four nominees submitted from among the 16
teachers' retirement system bargaining units; 17
(E) the lists of the nominees shall be submitted to the governor 18
under (C) and (D) of this paragraph within the time period specified in 19
regulations adopted under AS 37.10.240(a). 20
* Sec. 33. AS 43.23.005(a) is amended to read: 21
(a) An individual is eligible to receive one resource [PERMANENT FUND] 22
dividend each year in an amount to be determined under AS 43.23.025 if the 23
individual 24
(1) applies to the department; 25
(2) is a state resident on the date of application; 26
(3) was a state resident during the entire qualifying year; 27
(4) has been physically present in the state for at least 72 consecutive 28
hours at some time during the prior two years before the current dividend year; 29
(5) is 30
(A) a citizen of the United States; 31
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(B) an alien lawfully admitted for permanent residence in the 1
United States; 2
(C) an alien with refugee status under federal law; or 3
(D) an alien that has been granted asylum under federal law; 4
(6) was, at all times during the qualifying year, physically present in 5
the state or, if absent, was absent only as allowed in AS 43.23.008; and 6
(7) was in compliance during the qualifying year with the military 7
selective service registration requirements imposed under 50 U.S.C. App. 453 8
(Military Selective Service Act), if those requirements were applicable to the 9
individual, or has come into compliance after being notified of the lack of compliance. 10
* Sec. 34. AS 43.23.005(c) is amended to read: 11
(c) A parent, guardian, or other authorized representative may claim a 12
resource [PERMANENT FUND] dividend on behalf of an unemancipated minor or 13
on behalf of a disabled or an incompetent individual who is eligible to receive a 14
payment under this section. Notwithstanding (a)(2) - (4) of this section, a minor is 15
eligible for a dividend if, during the two calendar years immediately preceding the 16
current dividend year, the minor was born to or adopted by an individual who is 17
eligible for a dividend for the current dividend year. 18
* Sec. 35. AS 43.23.005(d) is amended to read: 19
(d) Notwithstanding the provisions of (a) - (c) of this section, an individual is 20
not eligible for a resource [PERMANENT FUND] dividend for a dividend year when 21
(1) during the qualifying year, the individual was sentenced as a result 22
of conviction in this state of a felony; 23
(2) during all or part of the qualifying year, the individual was 24
incarcerated as a result of the conviction in this state of a 25
(A) felony; or 26
(B) misdemeanor if the individual has been convicted of 27
(i) a prior felony as defined in AS 11.81.900; or 28
(ii) two or more prior misdemeanors as defined in 29
AS 11.81.900. 30
* Sec. 36. AS 43.23.005(h) is amended to read: 31
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(h) If an individual who would otherwise have been eligible for a resource 1
[PERMANENT FUND] dividend dies after applying for the dividend but before the 2
dividend is paid, the department shall pay the dividend to a personal representative of 3
the estate or to a successor claiming personal property under AS 13.16.680. If an 4
individual who would otherwise have been eligible for a dividend and who did not 5
apply for the dividend dies during the application period, a personal representative of 6
the estate or a successor claiming personal property under AS 13.16.680 may apply for 7
and receive the dividend. If an individual who received a dividend for the year 8
immediately before the qualifying year and who would otherwise have been eligible 9
for a dividend dies during the qualifying year after having been a state resident for at 10
least 180 days immediately before the date of death, notwithstanding (a)(1) - (3) and 11
(a)(6) of this section, a personal representative of the estate or a successor claiming 12
personal property under AS 13.16.680 may apply for and receive the dividend. 13
Notwithstanding AS 43.23.011, an application for a dividend may be filed by the 14
personal representative or the successor under this subsection at any time before the 15
end of the application period for the next dividend year. 16
* Sec. 37. AS 43.23.008(a) is amended to read: 17
(a) Subject to (b) and (d) of this section, an otherwise eligible individual who 18
is absent from the state during the qualifying year remains eligible for a current year 19
resources [PERMANENT FUND] dividend if the individual was absent 20
(1) receiving secondary or postsecondary education on a full-time 21
basis; on a break or holiday from a secondary or postsecondary educational institution 22
during an academic year, not including summer break, if the individual is enrolled in 23
and attends the educational institution on a full-time basis before and after the break or 24
holiday; or in an orientation program required as a condition of the secondary or 25
postsecondary education and the individual immediately begins the education on a 26
full-time basis after the completion of the orientation; 27
(2) receiving vocational, professional, or other specific education on a 28
full-time basis for which, as determined by the Alaska Commission on Postsecondary 29
Education, a comparable program is not reasonably available in the state; on a break or 30
holiday from the vocational, professional, or other specific training, not including 31
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summer break, if the individual is enrolled in and attends the training on a full-time 1
basis before and after the break or holiday; or in an orientation program required as a 2
condition of the vocational, professional, or other specific training and the individual 3
immediately begins the training on a full-time basis after the completion of the 4
orientation; 5
(3) serving on active duty as a member of the uniformed services of 6
the United States or accompanying, as that individual's spouse, minor dependent, or 7
disabled dependent, an individual who is 8
(A) serving on active duty as a member of the uniformed 9
services of the United States; and 10
(B) eligible for a current year dividend; 11
(4) serving under foreign or coastal articles of employment aboard an 12
oceangoing vessel of the United States Merchant Marine or attending a vocational 13
program that 14
(A) trains students for a career in the United States Merchant 15
Marine; 16
(B) provides seagoing service that meets the requirements of 17
the United States Coast Guard for United States merchant marine 18
credentialing; and 19
(C) is approved by the United States Coast Guard; 20
(5) receiving continuous medical treatment recommended by a 21
licensed physician or convalescing as recommended by the physician who treated the 22
illness if the treatment or convalescence is not based on a need for climatic change; 23
(6) providing care for a parent, spouse, sibling, child, or stepchild with 24
a critical life-threatening illness whose treatment plan, as recommended by the 25
attending physician, requires travel outside the state for treatment at a medical 26
specialty complex; 27
(7) providing care for the individual's terminally ill family member; 28
(8) settling the estate of the individual's deceased parent, spouse, 29
sibling, child, or stepchild, provided the absence does not exceed 220 cumulative days; 30
(9) serving as a member of the United States Congress; 31
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(10) serving on the staff of a member from this state of the United 1
States Congress; 2
(11) serving as an employee of the state in a field office or other 3
location; 4
(12) accompanying a minor who is absent under (5) of this subsection; 5
(13) accompanying another eligible resident who is absent for a reason 6
permitted under (1), (2), (5) - (12), (16), or (17) of this subsection as the spouse, minor 7
dependent, or disabled dependent of the eligible resident; 8
(14) serving as a volunteer in the federal peace corps program; 9
(15) because of training or competing as a member of the United States 10
Olympic Team or a United States national team for an Olympic sport; 11
(16) participating for educational purposes in a student fellowship 12
sponsored by the United States Department of Education or by the United States 13
Department of State; 14
(17) for any reason consistent with the individual's intent to remain a 15
state resident, provided the absence or cumulative absences do not exceed 16
(A) 180 days in addition to any absence or cumulative absences 17
claimed 18
(i) under (3) of this subsection if the individual is not 19
claiming an absence under (1), (2), or (4) - (16) of this subsection; or 20
(ii) under (5) of this subsection if the individual is not 21
claiming an absence under (1) - (4) or (6) - (16) of this subsection; 22
(B) 120 days in addition to any absence or cumulative absences 23
claimed under (1) - (3) of this subsection if the individual is not claiming an 24
absence under (4) - (16) of this subsection but is claiming an absence under (1) 25
or (2) of this subsection; or 26
(C) 45 days in addition to any absence or cumulative absences 27
claimed under (1) - (16) of this subsection if the individual is claiming an 28
absence under (4) - (16) of this subsection. 29
* Sec. 38. AS 43.23.011(a) is amended to read: 30
(a) An application for a resource [PERMANENT FUND] dividend shall be 31
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filed during the period that begins January 1 and ends March 31 of that dividend year. 1
* Sec. 39. AS 43.23.011(c) is amended to read: 2
(c) The commissioner may permit an individual to apply for a resource 3
[PERMANENT FUND] dividend for any year after the application deadline under (a) 4
or (b) of this section if the individual 5
(1) at any time during the application period for that dividend 6
established in (a) or (b) of this section, 7
(A) served on active duty as a member of the armed forces of 8
the United States; and 9
(B) was eligible for hostile fire or imminent danger pay; and 10
(2) demonstrates a reasonable cause for the delay in applying for that 11
dividend. 12
* Sec. 40. AS 43.23.015(a) is amended to read: 13
(a) The commissioner shall adopt regulations under AS 44.62 14
(Administrative Procedure Act) [THE ADMINISTRATIVE PROCEDURE ACT 15
(AS 44.62)] for determining the eligibility of an individual for a resource dividend 16
[INDIVIDUALS FOR PERMANENT FUND DIVIDENDS]. The commissioner may 17
require an individual to provide proof of eligibility, and the commissioner may use 18
other information available from other state departments or agencies to determine the 19
eligibility of an individual. The commissioner shall consider all relevant circumstances 20
in determining the eligibility of an individual. However, the residency of an 21
individual's spouse may not be the principal factor relied on [UPON] by the 22
commissioner in determining the residency of the individual. 23
* Sec. 41. AS 43.23.015(b) is amended to read: 24
(b) The department shall prescribe and furnish an application form for 25
claiming a resource [PERMANENT FUND] dividend. The application must include 26
(1) notice of the penalties provided for under AS 43.23.270; 27
(2) a statement of eligibility and a certification of residency; 28
(3) the means for an applicant eligible to vote under AS 15.05, or a 29
person authorized to act on behalf of the applicant, to furnish information required by 30
AS 15.07.060(a)(1) - (4) and (7) - (9), and an attestation that such information is true. 31
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* Sec. 42. AS 43.23.015(c) is amended to read: 1
(c) Except as provided in (d) of this section or as may be provided by 2
regulations adopted by the department, an individual must personally sign the 3
application for a resource dividend [PERMANENT FUND DIVIDENDS], including 4
the certification of residency required under (b) of this section. 5
* Sec. 43. AS 43.23.015(e) is amended to read: 6
(e) If a public agency claims a resource [PERMANENT FUND] dividend on 7
behalf of an individual, the public agency shall hold the dividend in trust for the 8
individual. Money held in trust under this subsection shall be invested by the 9
commissioner in accordance with AS 37.10.070. 10
* Sec. 44. AS 43.23.015(f) is amended to read: 11
(f) A minor or a disabled or an incompetent individual may not maintain a 12
claim against the state or an officer or employee of the state based on the manner in 13
which the parent, guardian, or authorized representative other than a public agency of 14
the state managed or disposed of resource [PERMANENT FUND] dividends received 15
on behalf of the minor or disabled or incompetent individual. 16
* Sec. 45. AS 43.23.015(g) is amended to read: 17
(g) If an individual is aggrieved by a decision of the department determining 18
the individual's eligibility for a resource [PERMANENT FUND] dividend or the 19
individual's authority to claim a resource [PERMANENT FUND] dividend on behalf 20
of another, the individual may, upon payment of a $25 appeal fee, request the 21
department to review its decision. Within 12 months after the administrative appeal is 22
filed, the department shall provide the individual with a final written decision. If the 23
individual is aggrieved by the decision of the department after all administrative 24
proceedings, the individual may appeal that decision to the superior court in 25
accordance with AS 44.62.560. An appeal to the court under this section does not 26
entitle the aggrieved individual to a trial de novo. The appeal shall be based on the 27
record of the administrative proceeding from which appeal is taken and the scope of 28
appeal is limited to matters contained in the record of the administrative proceeding. 29
If, as a result of an administrative proceeding or a court appeal, the individual prevails, 30
the $25 appeal fee shall be returned to the individual by the department. 31
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* Sec. 46. AS 43.23.015(h) is amended to read: 1
(h) The penalty and enforcement provisions of AS 43.23.270 apply to an 2
individual who claims a resource [PERMANENT FUND] dividend on behalf of 3
another. 4
* Sec. 47. AS 43.23.015(j) is amended to read: 5
(j) The application form for claiming a resource [PERMANENT FUND] 6
dividend must include a place for the applicant to voluntarily indicate that the 7
applicant is a veteran, the branch of service, including the Alaska Territorial Guard, 8
and the dates of service. Notwithstanding AS 43.23.110, the department shall release 9
information provided under this subsection to the Department of Military and 10
Veterans' Affairs and may not otherwise release the information. The Department of 11
Military and Veterans' Affairs may only release the information to congressionally 12
chartered veterans service organizations in the state. The application form must 13
contain notice that providing the information under this subsection is voluntary, that 14
the information will be released as provided in this subsection, and that the veterans 15
service organizations are not required to keep it confidential. 16
* Sec. 48. AS 43.23.021(a) is amended to read: 17
(a) Notwithstanding other provisions regarding the payment of resource 18
[PERMANENT FUND] dividends, if an individual is required to register as a sex 19
offender or child kidnapper under AS 12.63 and has not registered or has not 20
completed the required periodic verifications or notices required under AS 12.63, 21
payment of the dividend for that individual shall be delayed. 22
* Sec. 49. AS 43.23.021(c) is amended to read: 23
(c) The resource [PERMANENT FUND] dividend of an individual for whom 24
payment has been delayed, but that remains payable under (b) of this section, is 25
subject to levy, execution, garnishment, attachment, or any other remedy for the 26
collection of debt. The department shall immediately pay that dividend, or the portion 27
of it that has been claimed by a debtor, as provided in AS 43.23.140 - 43.23.170. 28
* Sec. 50. AS 43.23.021(d) is amended to read: 29
(d) If an individual for whom payment of a resource [PERMANENT FUND] 30
dividend has been delayed but remains payable under (b) of this section dies before 31
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the dividend is paid or payable, the department shall pay the dividend to a personal 1
representative of the individual's estate. 2
* Sec. 51. AS 43.23.025(a) is amended to read: 3
(a) By October 1 of each year, the commissioner shall determine the value of 4
each resource [PERMANENT FUND] dividend for that year by 5
(1) determining the total amount available for dividend payments, 6
which equals 7
(A) the amount of income of the Alaska permanent fund 8
transferred to the dividend fund under AS 37.13.145(b) during the current year; 9
(B) plus the unexpended and unobligated balances of prior 10
fiscal year appropriations that lapse into the dividend fund under 11
AS 43.23.045(d); 12
(C) less the amount necessary to pay prior year dividends from 13
the dividend fund in the current year under AS 43.23.005(h), 43.23.021, and 14
43.23.055(3) and (7); 15
(D) less the amount necessary to pay dividends from the 16
dividend fund due to eligible applicants who, as determined by the department, 17
filed for a previous year's dividend by the filing deadline but who were not 18
included in a previous year's dividend computation; 19
(E) less appropriations from the dividend fund during the 20
current year, including amounts to pay costs of administering the dividend 21
program and the hold harmless provisions of AS 43.23.240; 22
(2) determining the number of individuals eligible to receive a 23
dividend payment for the current year and the number of estates and successors 24
eligible to receive a dividend payment for the current year under AS 43.23.005(h); and 25
(3) dividing the amount determined under (1) of this subsection by the 26
amount determined under (2) of this subsection. 27
* Sec. 52. AS 43.23.028(a) is amended to read: 28
(a) By October 1 of each year, the commissioner shall give public notice of 29
the value of each resource [PERMANENT FUND] dividend for that year and notice 30
of the information required to be disclosed under (3) of this subsection. In addition, 31
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the stub attached to each individual dividend disbursement advice must 1
(1) disclose the amount of each dividend attributable to income earned 2
by the permanent fund from deposits to that fund required under art. IX, sec. 15, 3
Constitution of the State of Alaska; 4
(2) disclose the amount of each dividend attributable to income earned 5
by the permanent fund from appropriations to that fund and from amounts added to 6
that fund to offset the effects of inflation; 7
(3) disclose the amount by which each dividend has been reduced due 8
to each appropriation from the dividend fund, including amounts to pay the costs of 9
administering the dividend program and the hold harmless provisions of 10
AS 43.23.240; 11
(4) include a statement that an individual is not eligible for a dividend 12
when 13
(A) during the qualifying year, the individual was convicted of 14
a felony; 15
(B) during all or part of the qualifying year, the individual was 16
incarcerated as a result of the conviction of a 17
(i) felony; or 18
(ii) misdemeanor if the individual has been convicted of 19
a prior felony or two or more prior misdemeanors; 20
(5) include a statement that the legislative purpose for making 21
individuals listed under (4) of this subsection ineligible is to 22
(A) provide funds for services for and payments to crime 23
victims and operating costs of the Violent Crimes Compensation Board; 24
(B) provide funds to pay restitution owed to crime victims; 25
(C) provide funds for grants to nonprofit organizations for 26
services for crime victims and for mental health services and substance abuse 27
treatment for offenders; 28
(D) provide funds for the office of victims' rights; 29
(E) provide funds to the Council on Domestic Violence and 30
Sexual Assault for grants for the operation of domestic violence and sexual 31
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assault programs; and 1
(F) obtain reimbursement for some of the costs imposed on the 2
Department of Corrections related to incarceration or probation of those 3
individuals; 4
(6) disclose the total amount that would have been paid during the 5
previous fiscal year to individuals who were ineligible to receive dividends under 6
AS 43.23.005(d) if they had been eligible; 7
(7) disclose the total amount transferred or appropriated for the current 8
fiscal year under AS 43.23.048 for each of the accounts, funds, and agencies listed in 9
AS 43.23.048. 10
* Sec. 53. AS 43.23.055 is amended to read: 11
Sec. 43.23.055. Duties of the department. The department shall 12
(1) annually pay resource [PERMANENT FUND] dividends from the 13
dividend fund; 14
(2) subject to AS 43.23.011 and (8) of this section, adopt regulations 15
under AS 44.62 (Administrative Procedure Act) that establish procedures and time 16
limits for claiming a resource [PERMANENT FUND] dividend; the department shall 17
determine the number of eligible applicants by October 1 of the year for which the 18
dividend is declared and pay the dividends by December 31 of that year; 19
(3) adopt regulations under AS 44.62 (Administrative Procedure Act) 20
that establish procedures and time limits for an individual upon emancipation or upon 21
reaching majority to apply for a resource dividend [PERMANENT FUND 22
DIVIDENDS] not received during minority because the parent, guardian, or other 23
authorized representative did not apply on behalf of the individual; 24
(4) assist residents of the state, particularly in rural areas, who, because 25
of language, disability, or inaccessibility to public transportation, need assistance to 26
establish eligibility and to apply for a resource dividend [PERMANENT FUND 27
DIVIDENDS]; 28
(5) use a list of individuals ineligible for a dividend under 29
AS 43.23.005(d) provided annually by the Department of Corrections and the 30
Department of Public Safety to determine the number and identity of those 31
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individuals; 1
(6) adopt regulations that are necessary to implement AS 43.23.005(d) 2
and 43.23.048; 3
(7) adopt regulations that establish procedures for the parent, guardian, 4
or other authorized representative of a disabled individual to apply for a prior year 5
resource dividend [PERMANENT FUND DIVIDENDS] not received by the 6
disabled individual because no application was submitted on behalf of the individual; 7
(8) adopt regulations that establish procedures for an individual to 8
apply to have a dividend disbursement under AS 37.25.050(a)(2) reissued if it is not 9
collected within two years after the date of its issuance; however, the department may 10
not establish a time limit within which an application to have a disbursement reissued 11
must be filed; 12
(9) provide any information, upon request, contained in resource 13
[PERMANENT FUND] dividend records to the child support services agency created 14
in AS 25.27.010, or the child support enforcement agency of another state, for child 15
support purposes authorized under law; if the information is contained in an electronic 16
data base, the department shall provide the requesting agency with either 17
(A) access to the data base; or 18
(B) a copy of the information in the data base and a statement 19
certifying its contents; 20
(10) establish a fraud investigation unit for the purpose of assisting the 21
(A) Department of Law in the prosecution of individuals who 22
apply for or obtain a resource [PERMANENT FUND] dividend in violation of 23
a provision in AS 11, by detecting and investigating those crimes; and 24
(B) commissioner to detect and investigate the claiming or 25
paying of a resource dividend [PERMANENT FUND DIVIDENDS] that 26
should not have been claimed by or paid to an individual and to impose the 27
penalties and enforcement provisions under AS 43.23.270; 28
(11) adopt regulations under AS 44.62 (Administrative Procedure Act) 29
so that contributions under AS 43.23.130 are given a priority over donations under 30
AS 43.23.230 if the total amount of contributions and donations elected by an 31
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applicant exceeds the amount of the resource [PERMANENT FUND] dividend that 1
the applicant is entitled to receive; 2
(12) submit fingerprints and fees to the Department of Public Safety 3
for a national criminal history record check under AS 12.62.400 for the purpose of 4
determining a person's qualifications and suitability for administering the resource 5
[PERMANENT FUND] dividend program under this chapter. 6
* Sec. 54. AS 43.23.101 is amended to read: 7
Sec. 43.23.101. Voter registration. The commissioner shall establish by rule a 8
schedule by which the commissioner will provide, and shall provide as soon as is 9
practicable the director of elections with 10
(1) electronic records from the resource [PERMANENT FUND] 11
dividend applications of the information required by AS 15.07.060(a)(1) - (4) and (7) - 12
(9), and the attestation that such information is true, for each resource 13
[PERMANENT FUND] dividend applicant who 14
(A) is a citizen of the United States; and 15
(B) is at least 18 years of age or will be within 90 days of the 16
date of the application; and 17
(2) the mailing addresses for all resource [PERMANENT FUND] 18
dividend applicants. 19
* Sec. 55. AS 43.23.110 is amended to read: 20
Sec. 43.23.110. Applicant information confidential. (a) Except as provided 21
in (c) of this section, information on each resource [PERMANENT FUND] dividend 22
application, except the applicant's name, is confidential. The department may only 23
release information that is confidential under this section 24
(1) to a local, state, or federal government agency; 25
(2) in compliance with a court order; 26
(3) to the individual who or agency that files an application on behalf 27
of another; 28
(4) to a banking institution to verify the direct deposit of a resource 29
[PERMANENT FUND] dividend or correct an error in that deposit; 30
(5) as directed to do so by the applicant; 31
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(6) to a contractor who has a contract with a person entitled to obtain 1
the information under (1) - (5) of this section to receive, store, or manage the 2
information on that person's behalf; a contractor receiving data under this paragraph 3
may only use the data as directed by and for the purposes of the person entitled to 4
obtain the information; 5
(7) to the division of elections as required by AS 43.23.101. 6
(b) Notwithstanding (a) of this section, the department may release the names 7
and addresses of resource [PERMANENT FUND] dividend applicants to a legislator 8
of this state and to the legislator's office staff for official legislative purposes. 9
(c) Information submitted on a resource [PERMANENT FUND] dividend 10
application that is used for the purpose of registering an applicant to vote under 11
AS 43.23.101 shall be kept confidential by the division of elections as provided in 12
AS 15.07.195. 13
* Sec. 56. AS 43.23.130(a) is amended to read: 14
(a) Notwithstanding AS 43.23.200, the Department of Revenue shall prepare 15
the electronic resource [ALASKA PERMANENT FUND] dividend application to 16
allow an applicant who files electronically to direct that money be subtracted from the 17
dividend payment and contributed to the crime victim compensation fund 18
(AS 18.67.162), the peace officer and firefighter survivors' fund, or one or more of the 19
educational organizations, community foundations, or charitable organizations that 20
appear on the contribution list contained in the application. A contribution to the crime 21
victim compensation fund, the peace officer and firefighter survivors' fund or to an 22
organization may be $25, $50, $75, $100, or more, in increments of $50, up to the 23
total amount of the resource [PERMANENT FUND] dividend that the applicant is 24
entitled to receive. If the total amount of contributions elected by an applicant exceeds 25
the amount of the resource [PERMANENT FUND] dividend that the applicant is 26
entitled to receive, contributions shall be deducted from the dividend in the order of 27
priority elected by the applicant on the application until the entire amount of the 28
dividend that the applicant is entitled to receive is allocated for contribution. The 29
electronic dividend application form must include notice that seven percent of the 30
money contributed will be used for administrative costs incurred in implementing this 31
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section, and money from the dividend fund will not be used for that purpose. 1
* Sec. 57. AS 43.23.140 is amended to read: 2
Sec. 43.23.140. Exemption of and levy on resource [PERMANENT FUND] 3
dividends. (a) Except as provided in (b) of this section, 20 percent of the annual 4
resource [PERMANENT FUND] dividend payable to an individual is exempt from 5
levy, execution, garnishment, attachment, or any other remedy for the collection of 6
debt. No other exemption applies to a dividend. Notwithstanding other laws, a writ of 7
execution on [UPON] a dividend that has not been delivered to the debtor may be 8
served on the commissioner by 9
(1) certified mail, return receipt requested; or 10
(2) a civilian process server licensed by the commissioner of public 11
safety using electronic execution procedures, as provided under regulations adopted by 12
the department. 13
(b) An exemption is not available under this section for resource 14
[PERMANENT FUND] dividends taken to satisfy 15
(1) child support obligations required by court order or decision of the 16
child support services agency under AS 25.27.140 - 25.27.220; 17
(2) court ordered restitution under AS 12.55.045 - 12.55.051, 18
12.55.100, or AS 47.12.120(b)(4); 19
(3) claims on defaulted education loans under AS 43.23.160; 20
(4) court ordered fines; 21
(5) writs of execution under AS 09.35 of a judgment that is entered 22
(A) against a minor in a civil action to recover damages and 23
court costs; 24
(B) under AS 09.65.255 against the parent, parents, or legal 25
guardian of an unemancipated minor; 26
(6) a debt owed by an eligible individual to an agency of the state, 27
including the University of Alaska, unless the debt is contested and an appeal is 28
pending, or the time limit for filing an appeal has not expired; 29
(7) a debt owed to a person for a program for the rehabilitation of 30
perpetrators of domestic violence required under AS 12.55.101, AS 18.66.100(c)(15), 31
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AS 25.20.061(3), or AS 33.16.150(f)(2); 1
(8) a judgment for unpaid rent or damage owed to a landlord by an 2
eligible individual that was a tenant of the landlord; in this paragraph, "tenant" has the 3
meaning given in AS 34.03.360; 4
(9) court-ordered forfeiture of an appearance or performance bond 5
under AS 12.30.075. 6
(c) Claims listed in (b) of this section have priority in the order listed over 7
other claims on a resource [PERMANENT FUND] dividend whether payments are 8
sought through legal actions for the collection of debts or through assignments from 9
the debtor. 10
(d) An assignment of or levy, execution, garnishment, attachment, or other 11
remedy for the collection of debt applied to a dividend for a year may not be accepted 12
by the department before April 1 of that same year. AS 09.38.080(c) and 09.38.085 do 13
not apply to a levy on a resource [PERMANENT FUND] dividend. Upon receipt of a 14
writ of execution under (a) of this section or another court order, the commissioner 15
shall deliver to the court that portion of the dividend executed on along with the case 16
name and number. At the time payment is made to the court, the department shall send 17
notice to the court that issued the writ or order and to the individual at the address 18
provided in the individual's dividend application or the electronic mail address at 19
which the individual has consented to receive notices or documents in a verifiable 20
manner, as provided in regulations adopted by the department. The notice must 21
contain 22
(1) notification that all or part of the individual's dividend has been 23
seized under a writ of execution or court order; 24
(2) the name and address of the court that issued the writ or order; 25
(3) the case number for which the writ or order was issued; 26
(4) the amount seized under the writ or order; and 27
(5) notification that the individual has 30 days from the date the notice 28
is mailed in which to file with the court an objection to the seizure if a mistake has 29
been made. 30
* Sec. 58. AS 43.23.150(a) is amended to read: 31
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(a) AS 09.38 does not apply to a resource dividend [PERMANENT FUND 1
DIVIDENDS] taken under AS 47.12.155(c). Notwithstanding AS 09.35, execution on 2
a dividend claimed under AS 47.12.155(c) is accomplished by delivering a certified 3
claim to the department containing the following information: 4
(1) the name and social security number of the individual whose 5
dividend is being claimed; 6
(2) the amount the individual owes on the reimbursement claim; and 7
(3) a statement that 8
(A) the Department of Family and Community Services has 9
notified the individual that future resource [PERMANENT FUND] dividends 10
of the individual will be taken to satisfy the reimbursement claim; 11
(B) the individual was notified of the right to request a hearing 12
and allowed 30 days after the date of the notice described in (A) of this 13
paragraph to request the Department of Family and Community Services to 14
hold a hearing on the reimbursement claim; 15
(C) the reimbursement claim has not been contested, or, if 16
contested, that the issue has been resolved in favor of the Department of 17
Family and Community Services; and 18
(D) if the reimbursement claim has been contested and resolved 19
in favor of the Department of Family and Community Services, no appeal is 20
pending, the time limit for filing an appeal has expired, or the appeal has been 21
resolved in favor of the Department of Family and Community Services. 22
* Sec. 59. AS 43.23.150(b) is amended to read: 23
(b) The Department of Family and Community Services shall notify the 24
individual if a dividend is claimed under (a) of this section. The notice shall be sent to 25
the address provided in the individual's resource [PERMANENT FUND] dividend 26
application and must provide the following information: 27
(1) the amount of the reimbursement claim; 28
(2) notice that the resource [PERMANENT FUND] dividend, or that 29
portion of the resource [PERMANENT FUND] dividend that does not exceed the 30
amount of the reimbursement claim, shall be paid to the Department of Family and 31
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Community Services; and 1
(3) notification that the individual has a right to request a hearing and 2
has 30 days after the date the notice is mailed in which to file with the Department of 3
Family and Community Services an objection to the dividend claim if a mistake has 4
been made. 5
* Sec. 60. AS 43.23.160(a) is amended to read: 6
(a) AS 09.38 does not apply to a resource [PERMANENT FUND] dividend 7
taken under AS 14.43.145. Notwithstanding AS 09.35, the Alaska Commission on 8
Postsecondary Education may take a resource [PERMANENT FUND] dividend 9
under AS 14.43.145 by delivering a claim to the department certifying the following 10
information: 11
(1) the name and social security number of the individual whose 12
dividend is being claimed; 13
(2) the amount the individual owes on a loan awarded under AS 14.43; 14
and 15
(3) a statement that the loan is in default under AS 14.43.145, or, if the 16
individual has requested review of the status of the loan under AS 14.43.145(c), that a 17
final determination has been made that the loan is in default. 18
* Sec. 61. AS 43.23.160(b) is amended to read: 19
(b) The Alaska Commission on Postsecondary Education shall notify the 20
individual of a claim under (a) of this section. The notice shall be sent to the address 21
provided in the individual's resource [PERMANENT FUND] dividend application 22
and must provide the following information: 23
(1) the amount of the claim; 24
(2) notice that the amount of the resource [PERMANENT FUND] 25
dividend up to the amount of the claim shall be paid to the Alaska Commission on 26
Postsecondary Education to be credited against the individual's loan balance; and 27
(3) the individual's right to a hearing under (c) of this section. 28
* Sec. 62. AS 43.23.160(c) is amended to read: 29
(c) Within 30 days after the date of the notice under (b) of this section, the 30
individual may request a hearing. AS 44.62.330 - 44.62.630 apply to a hearing under 31
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this section. At the hearing, the borrower has the burden to show that 1
(1) the commission has not sent a notice of default in compliance with 2
AS 14.43.145(b); 3
(2) the notice of default has been rescinded after review under 4
AS 14.43.145(c); or 5
(3) the amount owed by the borrower is less than the amount claimed 6
from the resource [PERMANENT FUND] dividend. 7
* Sec. 63. AS 43.23.170(a) is amended to read: 8
(a) AS 09.38 does not apply to a resource dividend [PERMANENT FUND 9
DIVIDENDS] taken under AS 47.05.080(b). Notwithstanding AS 09.35, execution on 10
a dividend claimed under AS 47.05.080(b) is accomplished by delivering a certified 11
claim to the department containing the following information: 12
(1) the name and social security number of the individual whose 13
dividend is being claimed; 14
(2) the amount the individual owes on the overpayment claim; and 15
(3) a statement that 16
(A) the Department of Health has notified the individual that 17
future resource [PERMANENT FUND] dividends of the individual will be 18
taken to satisfy the overpayment claim; 19
(B) the individual was notified of the right to request a hearing 20
and allowed 30 days from the date of the notice under (A) of this paragraph to 21
request the Department of Health to hold a hearing on the overpayment claim; 22
(C) the overpayment claim has not been contested, or, if 23
contested, that the issue has been resolved in favor of the Department of 24
Health; and 25
(D) if the overpayment claim has been contested and resolved 26
in favor of the Department of Health, no appeal is pending, the time limit for 27
filing an appeal has expired, or the appeal has been resolved in favor of the 28
Department of Health. 29
* Sec. 64. AS 43.23.170(b) is amended to read: 30
(b) The Department of Health shall notify the individual if a dividend is 31
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claimed under (a) of this section. The notice shall be sent to the address provided in 1
the individual's resource [PERMANENT FUND] dividend application and must 2
provide the following information: 3
(1) the amount of the overpayment claim; 4
(2) notice that the amount of the resource [PERMANENT FUND] 5
dividend that does not exceed the amount of the overpayment claim shall be paid to 6
the Department of Health; and 7
(3) notification that the individual has a right to request a hearing and 8
has 30 days from the date the notice is mailed in which to file with the Department of 9
Health an objection to the dividend claim if a mistake has been made. 10
* Sec. 65. AS 43.23.180(a) is amended to read: 11
(a) AS 09.38 does not apply to a resource dividend [PERMANENT FUND 12
DIVIDENDS] taken by the Department of Labor and Workforce Development for a 13
claim for payment of money owed under AS 23.20 (Alaska Employment Security 14
Act). Notwithstanding AS 09.35, execution on a dividend claimed under this section is 15
accomplished by delivering a certified claim to the Department of Revenue containing 16
the following information: 17
(1) the name and social security number of the individual whose 18
dividend is being claimed; if the Department of Labor and Workforce Development 19
does not have access to the individual's social security number for this purpose, the 20
department may supply other identification information authorized under regulations 21
to make a claim under AS 43.23.140; 22
(2) the amount the individual owes on the claim under AS 23.20; 23
(3) a statement that 24
(A) the Department of Labor and Workforce Development has 25
notified the individual that future resource [PERMANENT FUND] dividends 26
of the individual will be taken to satisfy the claim under AS 23.20; 27
(B) the individual was notified of the right to request a hearing 28
under AS 23.20 and the Department of Labor and Workforce Development has 29
allowed the individual at least 30 days after the date of the notice described in 30
(A) of this paragraph to request a hearing on the claim; 31
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(C) the claim under AS 23.20 has not been contested, or, if 1
contested, the issue has been resolved in favor of the Department of Labor and 2
Workforce Development; and 3
(D) if the claim under AS 23.20 has been contested and 4
resolved in favor of the Department of Labor and Workforce Development, an 5
appeal is not pending, the time limit for filing an appeal has expired, or the 6
appeal has been resolved in favor of the department. 7
* Sec. 66. AS 43.23.180(b) is amended to read: 8
(b) The Department of Labor and Workforce Development shall notify the 9
individual if a dividend is claimed under (a) of this section. The notice shall be sent to 10
the mailing address provided in the individual's resource [PERMANENT FUND] 11
dividend application and must provide the following information: 12
(1) the amount of the claim under AS 23.20; 13
(2) notice that the resource [PERMANENT FUND] dividend, or that 14
portion of the resource [PERMANENT FUND] dividend that does not exceed the 15
amount of the claim under AS 23.20, shall be paid to the Department of Labor and 16
Workforce Development in accordance with priorities established in state law; 17
(3) notice that the individual has a right to request a hearing and has a 18
specific time after the date that the notice is mailed in which to file with the 19
Department of Labor and Workforce Development an objection to paying the claim 20
from the individual's resource [PERMANENT FUND] dividend. 21
* Sec. 67. AS 43.23.190(a) is amended to read: 22
(a) AS 09.38 does not apply to a resource [PERMANENT FUND] dividend 23
taken under AS 14.40.251. Notwithstanding AS 09.35, the University of Alaska may 24
take a resource [PERMANENT FUND] dividend under AS 14.40.251 by delivering a 25
claim to the department certifying the following information: 26
(1) the name and social security number of the individual whose 27
dividend is being claimed; 28
(2) the amount the individual owes the university; and 29
(3) a statement that 30
(A) the amount claimed is in default under AS 14.40.251; 31
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(B) the university has notified the individual that future 1
resource [PERMANENT FUND] dividends will be taken to satisfy the claim; 2
(C) the individual was notified of the right to request a hearing 3
and allowed 30 days after the date of the notice described in (B) of this 4
paragraph to request the university to hold a hearing on the claim; 5
(D) the claim has not been contested or, if contested, the issue 6
has been resolved in favor of the university; and 7
(E) if the claim has been contested and resolved in favor of the 8
university, no appeal is pending, the time limit for filing an appeal has expired, 9
or the appeal has been resolved in favor of the university. 10
* Sec. 68. AS 43.23.190(b) is amended to read: 11
(b) The University of Alaska shall notify the individual of a claim under (a) of 12
this section. The notice shall be sent to the address provided in the individual's 13
resource [PERMANENT FUND] dividend application and must provide the 14
following information: 15
(1) the amount of the claim; 16
(2) notice that the amount of the resource [PERMANENT FUND] 17
dividend up to the amount of the claim shall be paid to the university to be credited 18
against the individual's default balance; and 19
(3) notice of the individual's right to a hearing under (c) of this section. 20
* Sec. 69. AS 43.23.190(c) is amended to read: 21
(c) Within 30 days after the date of the notice under (b) of this section, the 22
individual may request a hearing. AS 44.62.330 - 44.62.630 apply to a hearing under 23
this subsection. At the hearing, the individual has the burden to show that 24
(1) the university has not sent a notice of default in compliance with 25
AS 14.40.251(b); 26
(2) the notice of default has been rescinded after review under 27
AS 14.40.251(c); or 28
(3) the amount owed by the individual is less than the amount claimed 29
from the resource [PERMANENT FUND] dividend. 30
* Sec. 70. AS 43.23.200(a) is amended to read: 31
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(a) Except as provided in (b) of this section, a person eligible to receive a 1
resource [PERMANENT FUND] dividend may not assign the right to the dividend. 2
An attempted assignment of the right to receive a resource [PERMANENT FUND] 3
dividend is against public policy and is void. 4
* Sec. 71. AS 43.23.200(b) is amended to read: 5
(b) A person may assign the right to receive a resource [PERMANENT 6
FUND] dividend to a federal, state, or municipal government agency or to a court. 7
* Sec. 72. AS 43.23.230(b) is amended to read: 8
(b) Notwithstanding AS 43.23.200, the department shall provide on the 9
resource [ALASKA PERMANENT FUND] dividend application an option for an 10
applicant who is 18 years of age or older to direct that all or a portion of the applicant's 11
dividend payment be donated for educational purposes and to enter the 12
[PERMANENT FUND] dividend raffle as provided in (c) of this section. A donation 13
under this section may be $100 or more, in increments of $100, up to the total amount 14
of the resource [PERMANENT FUND] dividend that the applicant is entitled to 15
receive. 16
* Sec. 73. AS 43.23.240 is amended to read: 17
Sec. 43.23.240. Eligibility for public assistance. (a) In determining the 18
eligibility of an individual under a public assistance program administered by the 19
Department of Health in which eligibility for assistance is based on financial need, the 20
Department of Health may not consider a resource [PERMANENT FUND] dividend 21
as income or resources received by the recipient of public assistance or by a member 22
of the recipient's household unless required to do so by federal law or regulation. The 23
Department of Health shall notify all recipients of public assistance of the effects of 24
receiving a resource [PERMANENT FUND] dividend. 25
(b) An individual who is denied medical assistance under 42 U.S.C. 1396 - 26
1396p (Social Security Act, Title XIX) solely because of the receipt of a resource 27
[PERMANENT FUND] dividend by the individual or by a member of the individual's 28
household is eligible for state-funded medical assistance under AS 47.25.120 - 29
47.25.300 (general relief assistance program). The individual is entitled to receive, for 30
a period not to exceed four months, the same level of medical assistance as the 31
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individual would have received under 42 U.S.C. 1396 - 1396p (Social Security Act, 1
Title XIX) had there been no resource [PERMANENT FUND] dividend program. 2
(c) An individual who is denied assistance solely because a resource 3
dividend [PERMANENT FUND DIVIDENDS] received by the individual or by a 4
member of the individual's household are counted as income or resources under 5
federal law or regulation is eligible for cash assistance under AS 47.25.120 - 6
47.25.300 (general relief assistance program). Notwithstanding the limit in 7
AS 47.25.130, the individual is entitled to receive, for a period not to exceed four 8
months, the same amount as the individual would have received under other public 9
assistance programs had there been no resource [PERMANENT FUND] dividend 10
program. 11
* Sec. 74. AS 43.23.250 is amended to read: 12
Sec. 43.23.250. Eligibility for state programs. A program administered by 13
the state or any of its instrumentalities or municipalities, the eligibility for which is 14
based on financial need, may not consider a resource [PERMANENT FUND] 15
dividend as income or resources unless required to do so by federal law or regulation. 16
* Sec. 75. AS 43.23.270(a) is amended to read: 17
(a) In addition to any criminal penalties imposed by state law, if an individual 18
is convicted of a crime in connection with a false statement made in a certification 19
required under AS 43.23.015, and the conviction is not reversed, that individual 20
forfeits all resource [PERMANENT FUND] dividends paid and is not eligible for a 21
future resource [PERMANENT FUND] dividend. 22
* Sec. 76. AS 43.23.270(b) is amended to read: 23
(b) If the commissioner determines that a resource [PERMANENT FUND] 24
dividend should not have been claimed by or paid to an individual, the commissioner 25
may use all collection procedures or remedies available for collection of taxes under 26
this title to recover the payment of a resource [PERMANENT FUND] dividend that 27
was improperly made. A notice of an improperly paid dividend must be sent to the 28
individual within 29
(1) three years after the improper payment is sent; or 30
(2) six years after the improper payment is sent if the commissioner 31
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determines that the individual exercised gross negligence or recklessly disregarded a 1
material fact in connection with a false statement made in an application. 2
* Sec. 77. AS 43.23.270(c) is amended to read: 3
(c) In addition to any criminal penalties imposed by state law, if the 4
department finds that an individual, in claiming a resource [PERMANENT FUND] 5
dividend, or an individual, in certifying another person's eligibility, wilfully 6
misrepresents, exercises gross negligence with respect to, or recklessly disregards a 7
material fact pertaining to [,] eligibility, the department may issue an order against the 8
individual for the 9
(1) forfeiture of the dividend; 10
(2) imposition of a civil fine of up to $3,000; and 11
(3) loss of eligibility to receive the next five dividends following the 12
forfeited dividend. 13
* Sec. 78. AS 43.23.295 is amended by adding a new paragraph to read: 14
(9) "resource dividend" means a right to receive a payment from the 15
dividend fund. 16
* Sec. 79. AS 43.40.092(b)(1) is amended to read: 17
(1) the term "resident worker" means an individual who 18
(A) is physically present in the state with the intent to remain in 19
the state indefinitely and has a home in the state; 20
(B) demonstrates that intent by maintaining a residence in the 21
state; 22
(C) possesses a resident fishing, trapping, or hunting license, or 23
receives a resource [PERMANENT FUND] dividend; and 24
(D) may be required to state under oath that the individual is 25
not claiming residency outside of the state or obtaining benefits under a claim 26
of residency outside of the state; 27
* Sec. 80. AS 43.82.230(e)(3) is amended to read: 28
(3) "Alaska resident" means a natural person who 29
(A) receives a resource [PERMANENT FUND] dividend 30
under AS 43.23; or 31
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(B) is registered to vote under AS 15 and qualifies for a 1
resident fishing, hunting, or trapping license under AS 16; 2
* Sec. 81. AS 44.64.030(a)(33) is amended to read: 3
(33) AS 43.23 (resource [PERMANENT FUND] dividends); 4
* Sec. 82. AS 44.99.205(c)(3) is amended to read: 5
(3) "program" includes the resource [PERMANENT FUND] dividend 6
program under AS 43.23 and the longevity bonus program under AS 47.45.010 - 7
47.45.160; 8
* Sec. 83. AS 45.35.040 is amended to read: 9
Sec. 45.35.040. Prohibited provisions. A lease-purchase agreement may not 10
contain 11
(1) a confession of judgment; 12
(2) a negotiable instrument; 13
(3) a security interest in, or another claim on, real or personal property 14
that is not the subject of the agreement; 15
(4) a wage assignment; 16
(5) an assignment of a resource [AN ALASKA PERMANENT 17
FUND] dividend; 18
(6) a waiver by the consumer of claims or defenses relating to the 19
agreement; 20
(7) a provision authorizing the lessor or a person acting on the lessor's 21
behalf to enter the consumer's premises or to commit a breach of the peace in the 22
repossession of personal property; 23
(8) an agreement by the consumer to pay attorney fees and costs, 24
except as allowed under court rules. 25
* Sec. 84. AS 47.05.080(b) is amended to read: 26
(b) The resource [PERMANENT FUND] dividend of a former recipient of a 27
public assistance program listed under (a) of this section may be taken under 28
AS 43.23.140(b)(6) and 43.23.170 to satisfy the balance due on a defaulted 29
overpayment claim. 30
* Sec. 85. AS 47.10.115(a) is amended to read: 31
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(a) The department shall annually apply for a resource [PERMANENT 1
FUND] dividend and retain in trust under AS 43.23.015(e) for the benefit of the child 2
the dividend and accrued interest on the dividend if the child is in the custody of the 3
department when the application is due. 4
* Sec. 86. AS 47.12.155(c) is amended to read: 5
(c) If a court orders a minor's parent or guardian to participate in treatment 6
under (b) of this section, the court also shall order the parent or guardian to use any 7
available insurance or another resource to cover the treatment, or to pay for the 8
treatment if other coverage is unavailable. If the court determines that the parent or 9
guardian is unable to pay for the treatment due to indigence and the department pays 10
for the treatment, the department may seek reimbursement only from the indigent 11
parent's or guardian's resource [PERMANENT FUND] dividend. 12
* Sec. 87. AS 47.12.155(d) is amended to read: 13
(d) The resource [PERMANENT FUND] dividend of an indigent parent or 14
guardian participating in treatment ordered under (b) of this section may be taken 15
under AS 43.23.140(b)(6) and 43.23.150 to satisfy the balance due on a 16
reimbursement claim by the department under (c) of this section. 17
* Sec. 88. AS 47.55.020(d) is amended to read: 18
(d) Notwithstanding AS 47.55.070 and (b) of this section, a resident of a home 19
whose income, assets, and other resources are insufficient to pay the monthly or daily 20
rates set under AS 47.55.030(f) plus charges under AS 47.55.030(b), and who does not 21
have private insurance to cover the cost of care, qualifies for payment assistance if the 22
resident is otherwise in compliance with requirements under this chapter. The amount 23
of payment assistance equals the amount needed, when added to other income and 24
assets of the resident, to pay the monthly or daily rates set under AS 47.55.030(f) plus 25
charges under AS 47.55.030(b). Payment assistance received by a home resident is a 26
debt to the state. In determining the amount of payment assistance for which a home 27
resident qualifies, the following income, assets, and other resources of the resident 28
shall be disregarded: 29
(1) income from any source in an amount up to $300 a month as 30
established by the department by regulation; 31
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(2) the following assets received under 43 U.S.C. 1601 et seq. (Alaska 1
Native Claims Settlement Act): 2
(A) cash dividends and other income equal to at least $2,000 as 3
established by the department by regulation; 4
(B) stock; 5
(C) noncash dividends from stock; and 6
(D) land; 7
(3) a resource [PERMANENT FUND] dividend issued under 8
AS 43.23; 9
(4) compensation to volunteers under the federal retired and senior 10
volunteers (42 U.S.C. 5001), foster grandparents (42 U.S.C. 5011), and senior 11
companion (42 U.S.C. 5013) programs made in accordance with 42 U.S.C. 5044(f); 12
(5) federal World War II restitution payments made under 50 U.S.C. 13
App. 1989b-4 and c-5; 14
(6) payments under AS 18.67 (Violent Crimes Compensation Board); 15
(7) an amount, determined by the department by regulation, that is 16
sufficient for burial expenses of the resident, the resident's spouse, and dependents of 17
the resident; 18
(8) real property being used as the primary residence of the resident's 19
spouse or a dependent of the resident; 20
(9) other real or personal property equal to at least a total value of up 21
to $10,000 as established by the department by regulation; 22
(10) federal payments that are excluded by law from income for 23
federal assistance purposes. 24
* Sec. 89. AS 43.23.295(5) is repealed. 25
* Sec. 90. The uncodified law of the State of Alaska is amended by adding a new section to 26
read: 27
APPLICABILITY. The following sections apply to offenses committed on or after the 28
effective date of this Act: 29
(1) AS 11.56.205(a), as amended by sec. 4 of this Act; 30
(2) AS 11.56.205(b), as amended by sec. 5 of this Act; 31
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(3) AS 11.56.800(a), as amended by sec. 6 of this Act; 1
(4) AS 11.66.280(3), as amended by sec. 7 of this Act; 2
(5) AS 12.25.200(b), as amended by sec. 8 of this Act; and 3
(6) AS 12.55.041(d), as amended by sec. 9 of this Act. 4
* Sec. 91. The uncodified law of the State of Alaska is amended by adding a new section to 5
read: 6
TRANSITION. A right, responsibility, liability, or other obligation related to the 7
former permanent fund dividend created by or under a law amended or repealed by this Act, 8
and in effect on the effective date of this Act, remains in effect notwithstanding this Act's 9
taking effect. 10
* Sec. 92. This Act takes effect July 1, 2026. 11